Hongkong Directory 1936





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HONGKONG, SHANGHAI, HANKOW, FOOCHOW, CANTON

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THE

DIRECTORY & CHRONICLE

OF

CHINA, JAPAN, KOREA, INDO-CHINA,

STRAITS SETTLEMENTS, MALAYA,

SIAM, NETHERLANDS INDIA, BORNEO,

THE PHILIPPINES, &c.

WITH WHICH ARE INCORPORATED “THE CHINA DIRECTORY” AND

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

FOR THE YEAR

1936

SEYENTY-FOURTH YEAR OF PUBLICATION

THE HONGKONG DAILY PRESS, LTD.

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

MDCCCCXXXVI.

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INDEX - DIRECTORY

PAGE PAGE

Addenda. xix Ch i na.—Continued Japan Continued

Agencies in Far EastEl Southern Ports—Continued Nagasaki 320

Annam B129 Samshui... ... A482 Nagoya ... 277

Ann am, Provinces dn ... B!32 Santuao ... A427 Osaka ... 282

Hu6 B!29 Swatow ... ... ... A444 Otaru 281

Tourane ... B!32 Szemao ... ... ...A503 Shidzuoka 276

Tengyueh A602 Shimonoseki ... 316

Borneo r>83 Tokyo ...

Brunei ...^ D98

Wenchow ... ...A424 ... 246

Jeaselton (See N. Borneo) Wuchow A483 Yokohama 264

Kudat (See N. Borneo) Yunnanfu A498 Macao

Labuan D96 Yangtsze Ports Macao B95

North. Borneo, State of r>89 Changsha A404 Malay States

Chinkiang A 365 (Federated & tlnfederated)

Sandakan (See N. Borneo) Ipoh (See Perak) ... cl21

Sarawak... ... ... D83 Chungking A412

Johore cl64

Tawao (See N. Borneo) Hankow ... A378

Kedah cl 80

Cable Addresses Ichang A409

Kiukiang A376

Kelantan cl74

For the Far East ... F! Klang (See Selangor)

China A!

Nanking A366

Kuala Kangsar (See Perak)

Central Ports Shasi A 402

Kuala Lumpur (See Selangor)

Shanghai ... ... A!53 Wuhu A373

Yochow ... A400

Kuantan (See Pahang)

Soochow... A362 Malay States ( Fed.) ... c 104

Northern Ports Chosen (Korea) 330 Malay States (Unfed.) cl63

Antung ... ... ... AllS Chemulpo ... ... 337 Muar (See Johore) ... cl72

Changchun ... ... A113 Chinnampo 341 Negri Sembilan ... cI51

Chefoo A125 Fusan ... ... ... 339 Pahang cl59

Chinwangtao A93 Gensan (Wonsan or Perak cll5

Dairen A119 Yuensan) ... ... 338 Perlis cl83

Harbin A105 Kunsan 342 Pt. Dickson (See N. Sembilan)

Hsinho ... ... ... A92 Masampo 340 Pt.Swettenham(SeeSelaugor)

Hunchun All5 Mokpo ... ... .. 340 Selangor ... cl30

Kiaochau A138 Seishin ... ... ... 342 Serem ban (SeeNegri Sembilan)

Kirin All 4 Seoul 332 Taiping (See Perak)

Lungchingtsun... ... A115 Unsan Gold Mines ... 336 Teluk Anson (See Perak)

Lungkow A132 Classified List Trengganu cl77

Manchurian Trade Centres A99 Merchants & Manufac- Ulu Selangor (See Selangor)

Mukden A99 turers in the Far East E67 Naval Squadron

Newchwang ... ... A96 Cochin-China B!39 Naval Squadron, Brit D102

Peiteiho... ... ... A93 Cambodge ... .. B!57 Netherlands Indiac267

Peiping A29 Cholon B155 Batavia ... ... ... c284

Port Arthur ... ... A!16 Saigon ... ... ... B140 Buitenzorg ... ... c285

Port Edward A 136 Eastern Siberia 239 Macassar c304

Taku A90 Nicolaevsk ... ... 240 Manado (See Macassar)

Tientsin... ... ... A42 Yladivostock 239 Medan (See Sumatra)

Tongku ... ... ... A92 Engineering Firms in Padang c302

Tsinan A149 the Far East ... B69 Semarang ... ... c30Q-

Tsingtao... ... ... A138 Foreign Residents F115 Sourabaya c292

Wei-hai-wei A134 Sumatra, East Coast of c308

Formosa 323

Southern Ports Daitotei (Twatutia) ... 326 Philippine Islands ol

Amoy ... A437 Keelung... ... ... 325 Baguio D!4

Canton ... ... ... A453 Taihoku (Taipeh) ... 326 Cebu D76'

Foochow ... ... A428 Iloilo D72

Tainan, Takao & Anping 328 Manila ... ... ... D12

Hangchow ... ... A417 Tamsui ... 325

Hoihow (in Hainan Is.) A493 Zamboanga ... ... D80'

Hongkong A505

Rubber Estates,

Hokow A501

Hongkong A505

Indo-China B!09 etc. cl85

Kongmoon ... ... A479 Haiphong B116 Shanghai A153

Kuliang A429 Hanoi Bill Siam B159

Kweilin A485 Tonkin ... ... ... BIIO Bangkok B161

Kouang-tcheou-wan ... A488 Tonkin, Provinces du ... B122 Steamers

Kowloon Frontier ... A476 Industries in China BI Coasting D116

Lappa ... A!78 Japan 241 Straits Settlements cl

Lungchow A496 Hakodate 280 Malacca c97

Mengtsz A498 Kobe 292 Penang c74

Nanning A486 Kyoto 291 Prov. Wellesley (See Penang)

Ningpo A421 Kyushu ... 319 Singapore ... ... C12"

Pakhoi A490 Moji 316 Treaties 1

INDEX-DIRECTORY

A PAGE J PAGE J?—Cont. PAGE

Addenda ... ... xix Japan ... ... ... 24i Peitaiho A93

Agencies in Far East... E! Jesselton(SeeB.N. Borneo) D89 Penang c74

Amoy ... ... ... A437 Johore ... ... ... cl64 Peiping ... ... A29

IC Perak ... cll5 ,

Annam, Provinces de ... B!32 Kedah .. ... cl80 Perlis cl83

Antung' ... ... ... A118 Keelung.. ... 325 Philippine Islands ... ol

K elan tan ... cl74 Port Arthur A!16

Baguio ... Kiaochau Port Edward ... ... A!36

Bangkok Kirin A114 Prov. Welle@ley, (See Penang)

Batavia ... ... Kiukiang ... ... A376 iR

Borneo ... Klang (See Selangor).■... Rirbber Estates, etc. ... el85

British North Borneo ... Kobe 292

Brunei ... ... Korea ... ... ... 330 ... B140

Buitenzbrg Kongmoon ... ... A479 Samshui ... A482

O Kouang-tcheou.-wan ... A488 Sandakan(See Borneo)

Cahle. Addresses Kowloon Frontier ... A476 Santuao ... ... A427

Cainbodge , ... Kuala Lumpur (See Sarawak ...

Canton ... Selangor) Seishin ... ... 342

Ceb.u Kuantan (See Pahang) ,.. Selangor... ... c!30

Changchun Kudat (Nee N. Borneo) Semarang ' • C300

Changsha Kuliang ... ... ... A429 Seoul .., ... 332

Chefoo Kunsan • ... 342 Sereihban (See 1 Semhilan)

Cheinulj)o ... ... Kweilin ... ... ... A485 Shanghai’ ... A!53

China ... ... Kyoto ... ,291 Shasi ... A402■

Chinkiang Kypshu ... 319; Shidz'uoka ... 276

Chinnampo 3D Shimonoseki ... 316

Chinwangtao ... Lahuan 1)9,6' Sfeih ;.. ... B159

Cholon La,ppa ... ... ... A478 Singapore ... 612

Chosen (Korea) ... . Lungchingtsun... ... A115 Soochow...

Chungking Lungchow ... ... A496. Sourahaya

Classified List of, Mer- Lungkow ... ... A132 Steamers, Coasting . D116

chants 3VL Straits Settlements

•Cochin, China ... Macao ... ... ... B95 Sumatra (East Coast of) 0308

3D Macassar .,. c304 SwatOw ... ... ... A444

Dairen Malacca ... ... ... c97 Szcrnao ... ... ... A503

IE Malay States (fed.) ... cl04 rr

Eastern Siberia... ... Malay Stages (Unfed.)... cl63 Taihoka (Taipeh) ... 326

Engineering Firms in M anchurian Trade Centres A99 Tainan, Takao & Anping 328

the Far East... Manila ... ... ... pl2. Taku ... ... ... A90

E Masampo 340 Tatusui ... 325

Federated Malay States Medan (See Sumatra) ... c308 Tengyueh ... ... A502

Foochow Mengtsz. ..1

... ... A498 Tientsin - A42

Foreign Besidents Merchants & Manufactur- Tokyo ... ... ... 246

Formosa ers, Classified List of... E67 . Tonkin BIIO

Moji 316- Tonkin^ Provinces du ... B122

Mokpo ... 340 TOngku ... A92

Gehsan (Wonsan or Yuen- Tourane B132

San) 338 Mukden ... A99

3ST

Treaties... ... '

Nagasaki ... ... 320 Trengganu ... .•.. cl77

Haiphong . JB116 Tsinan ... ... A 149

Hakodate Nagoya -277

. 280

Nanking A366

Tsihgtao... ...A138

Hkngchow . A417 XT

Hankow ... . A378

Nanning ... A486 Unfederated Malay

Hanoi ... . Bill

Naval Squadron, British D102 States...

Harbin ... . A105

Negri Sembilan . cl51 Unsan Gold Mines

A 493

Netherlands India ...; c267

. A501

Newchwang ... ... A96:

Hongkong . A505

Nicolaevsk 240:

Hsihho ... Ningpo A421 Wei-hai-wei ... A134-

. A92

Hue . B129

North Borneo, State of;.. B89 Wephhow ... A424

Hunchun . A115 O Wuchow... ... A483

Osaka ... .. . : ... 282 Wuhu ... ... A373

Ichang Ohara ... ... ... 281 YoChow ... ... A400

Iloilo

Indo-China ... Yokohama ... 264

Padang ... ... C3G2 Yunnanfu ... A498

1 udustries in China ... Pahang ... ... 0159.

Ipoh (See Perak) Pakhoi ... ... A490' Zamboanga

INDEX TO ADVERTISERS

PAGE PAGE

A.B.C. DIRECTORY OF AMERICAN CERAMIC COLOURS & CHEMICALS:—

MERCHANTS AND MANUFACTURERS G33 Blythe Colourworks, Ltd., Stoke-

A.B.C. DIRECTORY OF BRITISH MER-

on-Trent Gl

CHANTS AND MANUFACTURERS ... Gl CHEMICAL DISTILLATION EQUIP-

MENT:—

A.B.C. DIRECTORY OF CONTINENTAL

MERCHANTS & MANUFACTURERS ... G20 E. B. Badger & Sons Co. G34

CHINA CLAY:—

ACCOUNTING MACHINES:—

Elliott-Fisher (Dodwell & Co:) ... English Clays Lovering Pochin &

Front cover Co., Ltd., Cornwall G8

ADDING MACHINES:- COAL MERCHANTS

. Sunstrand (Dodwell & Co.)...Front cover Dodwell & Co., Ld. ... ...Frontrover

ALAALIIFS: — COMPRESSORS OF ALL KINDS:—

The J. B. Ford Co G33 Demag A. G., Duisburg Bhine ... B70

ASBESTOS CEMENT & BUBBER BUIL- CRANE AND TRANSPORTING MATERIAL:—

DING SUPPLIES:— Demag A. G., Duisburg Bhine ... BTO

Turners Asbestos Cement Co. DIAMONDS FOR INDUSTRIAL PUR-

(Dodwell & Co.) Front cover POSES :—

BALANCE AND WEIGHTS:—- L. M. Van Moppes & ons Gl

L. Oertling, Ltd G6 DOCKS :—

BANKS :— H’kong. (fe WhampoaDock Co., Ld. A612:

Chartered Bank of India, Australia DRAWING INSTRUMENT MAPS:—

and China XU Stanley, W. F. & Co., Ltd Gl8

Hongkong and Shanghai Bank ... xi

ELASTIC FABRICS:—

Hongkong Savings Bank ... ... XIV

Wm. Preston & Son, Ld., England G9

Mercantile Bank of India xm

The Shanghai Commercial & ELECTRIC MACHINERY:—

Savings Bank, Ltd ... Lancashire Dynamo & Crypto

Yangtsze Ports, Engineering Sec- Ltd. (Dodwell & Co., Ltd.) Front cover

tion, French Ports, Bangkok, ENDORSING INKS & STAMP PADS:—

Rubber Estates, Netherlands E. M. Kichford, Ltd., London ... GlO

India, Philippine Islands, Bor-

ENGINEERING SUPPLIES :—

neo, Classified List and Foreign

Residents Tab Pages A. Ming and Co., Hongkong ... A544

ENGINEERS AND MACHINISTS:—

Wells Fargo Bank & Union Trust

Co G33 Demag. Akt. Ges., Duisburg. ... B70

H’kong. & Whampoa Dock Co., Ld. A612

BELT DRESSING :—

Bapid Magnetting Machine Co.,

Cling-Surface Co G33

Ld., Birmingham G3

BELTING:— Reiss, Massey & Co., Ld A653

The Helvetia Leather Co., Ltd.... G6 ENVELOPE AND CIRCULAR AD- .

BELTING & ASBESTOS PACKINGS DRESSERS :—

(SHANGHAI):— A Addressing Co. (Smith,.

British Belting & Asbestos, Ltd. Dalby-Welch) ... GlO

(Dodwell & Co.)... ... Front cover EXCAVATORS:—

BROKERS:— Demag A.G., Duisburg Rhine ... B70'

Sorox y Cia, Manila ... D64

FIRE ARMS :—

BUYER’S GUIDE Gl Bonifacio Echeverria ... ... ... G20

CALCULATING MACHINES :—

FOUNTAIN PENS:—

Original-Odhner (Dodwell & Co.)

Front cover Thos. De La Rue & Co., Ld. and

Chas. Goodall & Son Ld.... ... 258

CAMERAS:—

Ihagee Camera Works, Dresden... G22 GASOLINE AND KEROSENE :—

CEMENT MANUFACTURERS:—

Asiatic Petroleum & Co. xviand front cover

Indo-China Portland Cement Co., GENERAL IMPORT & EXPORT MER-

Ld., Haiphong (Indo-China) ... xv CHANTS:—

Indo-China Lafarge Aluminous Carlowitz & Co ... Back cover

Cement Co., Ld., Haiphong ... xv Dodwell & Co., Ltd. ... Front cover

INDEX TO ADVERTISERS—Continued

PAGE

PAGE

LIGHT RAILWAY CARS AND

■GENERAL TOURIST AGENTS:—

MATERIALS :—

China Travel Service ... Treaties, Glaser F. C. & R. Pflaum ... ... G2'7

Japan and Northern Ports

Tab Pages LOOSE LEAF BOOKS:—

•GLOVES:— Benson’s ... Gl3

Morley & Co., England ... MACHINERY :—

Shanghai Tab Page Dodwell

GRINDING MILLS :— H’kong. & Whampoa Dock Co., Ld. A612

J. Rohrbach, Ltd. G20 Rapid Magnetting Machine Co.,

Ld., Birmingham G3

GUT:— Reiss, Massey & Co., Ld. ... ... A653

George Tracey, London G2 Demag Akt .i. ... ... B70

HARDWARE MANUFACTURERS:— Sullivan Machinery Co. ... ... G34

Rapid Magnetting Machine Co., MA.RINE AND INDUSTRIAL HARD-,

Ld., Birmingham G3 WARE :—

HONE STONES: — The Thomas Laughlin Co G35

The Water of Ayr & Tam MARINE OIL ENGINES, ETC. :—

O’Shanter Hone Works, Ltp. ... G2 Fetters Limited Gl4

HOTELS: — MEAT JUICE :—

The Gloucester Hotel, Hong Kong A615 Valentine’s Meat-Juice Co. ... G35

Victoria Hotel, Canton MERCHANTS, COMMISSION AGENTS, ETC. : —

Canton Tab Page

A.B.C. Directory of American Mer-

HUMATAGRAPH HYGROMETERS :— chants and Manufacturers ... G33

C. L. Burdick Mfg. Co G2 A.B.C. Directory of British Mer-

IMPORTER, DEALER, COMMISSION

chants and Manufacturers ... Gl

MERCHANT AND MANUFACTURERS’

A.B.C. Directory of Continental

AGENT:—

Merchants and Manufacturers... G20

B. Wolfenson ... G25 Carlowitz & Co. ... ... ...Back caver

Dodweli & Co., Ld.... ... Front cover

IMPORTERS AND EXPORTERS:— Reiss, Massey & Co. G653

Dodwell & Co., Ld. ... Front cover MORRIS CARS & TRUCKS:—

Reiss, Massey & Co., Ld A653

Dodwell & Co., Ld. ... Front cover

INSURANCE: FIRE, MARINE, ACCI-

MOTOR SPIRITS :—

DENT AND AUTOMOBILE:—

China Assurance Corporation, Asiatic Petroleum Co., Ld xvi

Front cover and A548

Ltd Southern Ports,

NEWSPAPERS:—

Macao, Agencies, Cable Ad-

dresses and Buyers Guide Tab Pages Hongkong Daily Press xxiv

Singapore Free Press

INSURANCE: LIFE, FIRE AND MARINE :-T Malaya Tab Page

Dodwell & Co., Ld. ... Front cover

OFFICE EQUIPMENT:—

Carlowitz & Co Bach cover

Reiss, Massey & Co A853 Roneo (Dodwell & Co.)... Front cover

. Union Insurance Society of OILENGINES (MARINE & VEHICULAR):—

Canton, Ld Hinge of cover Gardner Heavy Oil Engines J

IRON AND BRASS FOUNDERS :—

(Dodwell & Co., Ltd.) ... Front cover

H’kong. & Whampoa Dock Co., Ld. A812 OIL OF SANDALWOOD :—

Rapid Magnetting Machine Co., Trade Commissioner for Mysore... Gl5

Birmingham G3 OIL MERCHANTS :—

LABORATORY CENTRIFUGES :— Asiatic Petroleum Co., Ld. xvi

International Equipment Co. ... G34 Front cover and A548

De Bataafsche Petroleum Mij.,

LAWN TENNIS, RACKET AND BAD- Dutch East Indies ... xvi

MINTON GUT:— Franco - Asiatique des Petroles, !

George Tracey, London G2 Indo-China ... 1 ... xVi

LIFTS AND ESCALATORS:—

Rising Sun Petroleum Co., Japan xvi

Waygood-Otis (Dodwell & Co.)... OILS AND GASOLINE :— • .»

Front cover The Gastine Co, ... ... ... ... G35

INDEX TO ADVERTISERS—Continued VII

PAGE PAGE

ORE SEPARATOR:— SHIPS STORES:—

Rapid Magnetting Machine Co,, A. Ming & Co., Hong Kong A544

Ltd., Birmingham ... G3 SHOE & LEATHER MANUFACTURERS:—

PACKINGS & JOINTINGS:— Bata Shoe Co., Ltd G30

Attwater & Sons, Preston Gl5

SPORTS:—

PAPER:—

Slazengers ... Bottom Front Tab Pages

Charles Morton & Co Uberoi Limited G17

Hongkong Tab Page

SPRING KNITTING NEEDLES:—

PARAFFIN WAX:—

The Loyal T. Ives Co G36

Asiatic Petroleum Co., Ltd. ... xvi

Front Cover & A548 STATE LOTTERY:—

PLAYING CARDS:—

National State Lottery Admin-

inistration

Thos De La Rue, Ld. and Charles Art Paper Facing Shanghai Tab Page

Goodall & Son, Ld

A297, A644, C23, C292 STEAMSHIP LINES :—

PRINTING INKS:— Apcar Line A634

John Kidd & Co., Ltd., London ... Gl6 British India S. N. Co., Ld A634

Carlowitz & Co Back cover

PRINTING PRESSES:— Dodwell & Co., Ld. ... ...Front covet

Challenge Machinery Co G35 Eastern and Australian Line ... A634

PRINTERS’ MACHINERY:—

Grace Line xiv

Linotype & Machinery Ltd. ... G3 P. & O. Steam Nav. Co A634

STEEL PLANTS PLANTS:—

PRODUCE MERCHANTS:—

Hilton Wallace

PUBLICATIONS:— STOCKINGS:—

Hong Kong Daily Press xxiv Morley & Co., England

Shanghai Tab Page

RAILWAY EQUIPMENT:—

Kalamazoo Railway Supply Co.... G36 SURGICAL NEEDLES:—

RAILWAY SUPPLIES:—

Ernst Kratz ... ... ... G31

A. Ming & Co., Hong Kong ... A544 SURVEYING INSTRUMENT MAPS:—

ROLLING MILLS:— Stanley, W. F. & Co., Ltd Gl&

Demag A.G. Duisburg Rhine ... B70 SYRINGE MANUFACTURERS:—

ROPE MANUFACTURERS:— Vosseler Hans G31

Johnson Pickett Rope Co. ... ... D43

TENNIS BALLS:—

RUBBER STAMPS:— Slazengers ... Bottom Front Tab Pages

E. M. Richford, Ltd Gl7

TOBACCO MACHINES:—

SANITARY, CENTRAL INSTALLATIONS,

Wilh.-Quester G31

ETC.:—

Dodwell & Co., Ltd. ... Front cover TROPICAL PAINTS & VARNISHES:—

The Tropical Paint and Oil Co. ... G36

SCRAP RUBBER:—

H. Muehlstein & Co., Inc G36 TUBE BENDING MACHINES:—

Hilgers G32

SEWING MACHINES:—

Nahmaschinen-Teile A.-G G29 TYPEWRITING MACHINES:—

L. O. Dietrich, Vesta G29 Underwood Typewriters

(Dodwell & Co.) Front cover

SCREWING MACHINES:—

Joshua Heap & Co., Ltd G3 UNDERWEAR: —

SHEETS & STAMPINGS :—

Morley & Co., England ...

Shanghai Tab Page

Joseph Sankey

Bilston, England Gl WINES AND SPIRITS :—

SHIPBUILDERS :— Jardine, Matheson

H’kong. & Whampoa Dock Co. ... A612 All Hongkong Directory Pages

INDEX —TREATIES, CODES AND GENERAL

Advertisers, Index to T Regulations Governing Inspection of Passports, 1930 201

Agents K Shanghai Chamber of Comnierce Scales, etc c266

British Subjects in China and Korea (orders in Shanghai Provisional Court (Reorganization, of) ... , 153

Council, 1904) ^2 Siamese Money, Weights and Measures.... Al'sl

Chinese Courts in the International Settlement, Sinb-FOreign Treaties (Vecent) 117

Reorganisation of, 1930 153 Sino-J'apanbse Trade Agreement 149

Chinese Weights and Measures XVH

Statutory Rules and Orders (China and Corea), 1909. .1)3,!

Customs Export Tariff of Republic of China ... 203 Tables of Consular and .Marriage .Fees . 114

Customs Import Tariff of China 209 Treaty Ports, etc.: ,......... 53

Declaration of the Nationalist Govt., July 7, 1928.. 116 Treaties;—With China:—

Extraterritoriality, 1929 136 Belgium, Amity and Commerce, 1928 125

Foreign Jurisdiction Act, 1890 66 Belgium, Rendition of Tientsin, 1929. 148

Hongkong Chair & Jinricksha Fares, and Boat Hires A410 Denmark, Amity and Commerce, 1928 '. :. 130

Bongkong'Chamber of Commerce, Scales of Com- France, Convention Concerning, French Indo- ,

China and the Chinese Provinces Ad joining, T930 15<>

Hongkong, Charter of the Colony of 158 France, Tariff,-4 928 H9

Hongkong, .Constitution of Councils 177 Germany, Tariff, 1928 131

Hongkong Import.Customs Tariff A528 Great Britain, Ko\vloon Extension, 1898 3'

Hongkong Legislative Council, Rules of 178 Great Britain, Slip. Commercial Treaty vVith China 4

Hongkong—Royal Instructions 162 Great Britain, Tariff, 1928 123,;1

Hongkong—Royal Instructions (Additional),1922 .. 171 Italy, Amity and Commerce, 1928 129

Netherlands, Tariff, 1928 120

Hongkong—Royal Instructions (Additional), 1928 .. 173

Norway, Tariff, 1928 .'. .. 120

Hongkong—Royal Instructions (Additional),,1929 .. 175

Portugal, Amity and.Commerce, 1928. 128

Hongkong Stock Exchange.. A452 ; Spain, Amity »nd Commerce, .19,28 127 .

Hongkong Storm Signal Codes and Stations x 1

Sweden, Tariff, 1928 '...... 120 '

Japan Harbour Regulations 193 United States: oi’America, Tariff, 1^28 ' '118

Japanese Weights, Measures and Money A683 1

With Japan :—

Kellogg Pact, 1928 132 Great Britain, OonhVhbrceUnd'Navign., 1894 .... 19

Manila Invoice Charges A684 Great Britain, Commerce and Navign., 19^1 26

Orders in Council, China (Amendment) 1914 103 ;;j , ... j ( e !

; With Korea

Orders hi Council, China (Amendment), 1915 104

Great Britain, Trade Regulations 16

Orders in Council, China (Amendment No. 2), 1920 . . 104 j

Orders in Council, China (Amendment No. 3), 1920.. 104 With Siam;—

Orders in Counci), China (Amendment), 1921 105 Great Britain, 1909 46

Orders in Council (Companies), China, 1915 1 107 Great Britain 1913, re Fugitive Criminals' .... ... 5l

Orders in Council (Companies), China (Amendment), Great Britain, Trade Regulations with 44

Great Britain smd pkancp^Siamese, Frontier, 1896.. 52 ;

Orders in Council, H.B.M., China and Korea .! 62 United States Consular Court Fees 199

Port Regulations for H.B.M. Consulates in China 19© United States .Court for .China, Jurisdiction 196

Postal States,- Revision of 2(>8 Washington Conference Resolutions, 1921-22.... 35

BOOKSELLERS IX

Directory and CDronide For

China, Japan, Malaya, Philippines, etc.

AGENTSs—

Europe

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

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

America

NEW YORK. ... Acme Code Co., 93, Front Street

SAN FRANCISCO . Acme; Code Co., 311, California Street

Australia

{Charles. S«ii,th Co.,. Morton House, George Street, Brisbane

also

SYDNEY ...

Messrs: Gordon & Gotch, 123, Pitt Street

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

MELBOU'RNE Messrs'.'Gordon & Gotch, 124 and 126, Quee$ Stri36t

BRISBANE Messrs. .Gordon & Gotch, Queeh’Street

Canada

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

India

CALCUTTA Messrs, Thacker,' Spink

BOMBAY “Times of India” Office

Far East

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

KOBE & OSAKA Messrs. J. L. Thompson &, Co., Kobe

FORMOSA Mr. S. Elphinstone. Taipeh

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

SHANGHAI Messrs. Finance & Commerce, 320, Szechuen Road

FOOCHOW Messrs. Brockett & Co. ’ •

AMOY ... Messrs. Douglas, Lapraik & Co.

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

HANKOW Messrs. Ramsay & Co,, 23, Tung Ting Road

CANTON ... Messrs. Koehler. & Co., Shameen

MACAO ... Mr. A. A. de Mello, 22, Praca Lobo d’Avila

SAIGON ... Compagnie deCommerce et de Navigation d’Extreme Orient

SINGAPORE AND f Advertising & Publicity Bureau, Ltd., 4, Battery Rd., S’pore.

BRITISH MALAYA tMessrs. Kelly & Walsh, Ltd,, 32, Raffles Place, Singapore

PHILIPPINE ISLANDS; Hanson, Orth and Stevenson, Chaco Building, Manila

HONG KONG:

HONGKONG DAILY1'PRESS, LIMITED, il, ICE HOUSE STREET

HONG KONG STORM SIGNAL CODES

DAY SIGNALS.

T A

y possibly occur from the S.W. (S-W).

a with ur from the S.E. (E-S.)

l from the N.W. (W-N).

▼ the S.W. (S-W)

1 Gale expected from the N.E. (N-E).

& Gale expected from the S.E. (E-S),

X Gale expected to increas

Hr Wind of typhoon force (

rapidly to a calm or nearly ca,m

’ ’

NIGHT SIGNALS (Lamps).

,y zif:?, —— -

SUPI

SUPPLEMENTARY WARNINGS.

When IiOca^ignais^are^d^^a^d^i^^he^Harboiir^sifmals^jvill be displayed as follows

m

Cheung Chow

fiiM^BlisESfSsisTlISlil

^gsi^iitii-isssHss

NON-LOCAL SIGNALS.

BANKS XI

Hongkong and Shanghai Banking Corporation.

AUTHORISED CAPITAL $50,000,000

ISSUED AND FULLY PAID-UP $20,000,000

RESERVE FUNDS

STERLING £6,500,000

SILVER $10,000,000

RESERVE LIABILITY OF PROPRIETORS $20,000,000

HEAD OFFICE: -HONG KONG.

BOARD OF DIRECTORS:

S. H. DODWELL, ESQ., Chairman

C. C. KNIGHT, ESQ., Deputy Chairman

HON. MB. W. IT. BELL HON. MB. J. .1. PATERSON

A. H. COMPTON, ESQ. T. E. PEARCE, ESQ.

M. T. JOHNSON, ESQ. J. A. PLUMMER, ESQ.

G. MISKIN, ESQ. A. L. SHIELDS, ESQ.

CHIEF MANAGER :—y. M. GRAYBURN, Esq.

BRANCHES:

AMOY HONGKEW PEIPING

BANGKOK ILOILO PENANG

BATAVIA IPOH RANGOON

BOMBAY JOHORE SAIGON

CALCUTTA KOBE SAN FRANCISCO

CANTON KOWLOON

CHEFOO KUALA LUMPUR SHANGHAI

COLOMBO LONDON SINGAPORE

DAIREN LYONS. SOURABAYA

FOOCHOW MALACCA SUNGEIPATANI

HAIPHONG MANILA TIENTSIN

HAMBURG MUAR LTohore) TOKYO

HANKOW MUKDEN TSINGTAO

HARBIN NEW YORK YOKOHAMA

LONDON OFFICE—9, GRACECHURCH STREET, E.C.3.

LONDON BANKERS :-WESTMINSTER BANK, LIMITED.

noivoKorvo.

CURRENT Accounts oppnfA In I ocal Currency and Fixed Deposits received for

one year or shorter periods in Local Currency and Sterling on terms which will be

quoted on application.

ALSO up to date SAFE DEPOSIT BOXES in various sizes TO LET.

V. M. GRAYBURN,

HONOKONO, JANUARY, 1936. Chief .Manager.

XTI BANKS

Chartered Bank of India, Australia and China

Head Office: —38, BISHOPSGATE, LONDON.

INCORPORATED BY ROYAL CHARTER

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

RESERVE FUND £3,000,000

Court of Directors

ARTHUR D’ANYERS WILLIS, ESQ, ARCHIBALD AULDJO JAMIESON, ESQ,

Chairman.

EDWARD FAIRBAIRN MACKAY, ESQ.

SIR HENRY PELHAM WENTWORTH

MACNAGHTEN. SIR WM. FOOT MITCHELL.

COLIN FREDERICK CAMPBELL, ESQ. ARCHIBALD ROSE, ESQ, C.I.E.

SIR WM. H. NEVILLE GOSCHEN,BT,K.B.E

THE EARL OF INCHCAPE. JASPER BERTRAM YOUNG, ESQ.

Chief manager

A. H. FERGUSON

manager

W. B. WHITE

Auditors

DAVID CHARLES WILSON, F.C.A.

HENRY CROUGHTON KNIGHT STILE MAN, F.C.A.

Bankers

The Bank of England

Midland Bank, Limited

Westminster Bank, Limited

National Provincial Bank, Limited

The National Bank of Scotland, Limited

Lloyds Bank, Limited

Agencies and Branches

AI.QR STAR (Malay States) HAIPHONG KUCHING , ,.. SHANGHAI

AMRITSAR HAMBURG MADRAS SINGAPORE

BANGKOK HANKOW MANILA SlTIAWAN (F.M.S.)

BATAVIA HARBIN MEDAN ■. SOURABAYA

BOMBAY HONGKONG NEW YORK TAIPING (F.M.S.)

CALCUTTA ILOILO PEIPING (Peking) TIENTSIN

CANTON IPOH PENANG TONGKAH (Bhuket)

CAWNPORF KARACHI RANGOON TSINGTAO

CEBU KLANG SAIGON YOKOHAMA

COLOMBO KOBE SKMARAXG. ( ZAMBOANGA (Phi-

DELHI KUALA LUMPUR SEREMBAN lippine Islands)

Correspondents in the Chief Commercial places throughout the world.

3. QUEEN’S ROAD, HONGKONG, 1936. A. BREARLEY, Manager.

BANKS XIII

THE

MERCANTILE RANK

& OF INDIA, LIMITED.

Authorised Capital £3,000,000

Subscribed Capital £1,800,000

Paid-up Capital £1,050,000

Reserve Fund and Rest £1,247,830

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

BANKERS:

The Bank of England. Midland Bank, Ltd.

BRANCHES:

BANGKOK IPOH NEW YORK

BOMBAY KANDY PENANG

CALCUTTA KARACHI PORT LOUIS (Mauritius)

COLOMBO KOTA BHARU RANGOON

DELHI KUALA LIPIS (Pahang-) SHANGHAI

GALLE KUALA LUMPUR SIMLA

HONGKONG KUANTAN (Pahang) SINGAPORE

HOWRAH MADRAS

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 ascertained on application.

Telegraphic Address: "PARADISE.”

7, Queen’s Road Central, R, KENNEDY,

HONGKONG, IST JANUARY, 1936. Manager,

XXY BANKS AND SBIPPING

HONGKONG SAVINGS BANK.

_):<>:(

The Business of the above Bank is conducted by the

HOHGXONG AND SHANGHAI BANKING CORPORATION.

Buies may be obtained on application.

INTEREST on Deposits is allowed at 2£ 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, JANUARY, 1936. Chief Manager.

THE FAMOUS GRACE Santas"

Provide fortnightly service between California and

Mexico, Guatemala, El Salvador, Panama, Colombia,

Havana and New York.

THE NEWEST AND FASTEST SHIPS operating be-

tween the Pacific and the Atlantic Coasts! '

For further information regarding sailings, etc., apply to

AMERICAN EXPRESS CO., THOS. COOK & SON,

or any tourist agency, or directly to

GRACE LINE

2, Pine St.* San Francisco. 1308, Fourth Ave., Seattle, Wash.

CEMENT MANUFACTURERS xv

10-CM PORTLAND CEMENT CO., LTD.

Telephones : Telegraphic

Address:

Nos. 66

& 328. “CIPORTIN

HAIPHONG.”

English,- French

A. Z. Code

A.B.C. Code

3rd Edition,

5th & 6th Cogef

Lugagne 1929.

Editions,

South China:

Bentley’s

JOHN MANNERS

North China:

& Co., Ltd,

RACINE & Co. Singapore:

HAGEMEYER

& Co.

Philippine

(Portland).

Islands:

HENRY WAUGH

SMITH, BELL &

& Co., Ltd.

Co., Ltd. (Fondu).

Netherlands

Siam :

India:

Les Successeurs INTERNATIONALE

deE. C. MONOD CREDIET H.V.

& Co. (Portland).

DESCOURS LINDETEVES

and STOKVIS

CABAUD. (Fondu).

INDO-CIA LAFARGE AL011S CEMENTS

XVI PETROLEUM REFINERS

THE

ASIATIC PETROLEUM

COMPANY ( cuVriA ), LTD.

HONGKONG.

DISTRIBUTORS OF:—

SHELL

AVIATION & MOTOR SPIRITS

MOTOR OILS

MARINE & INDUSTRIAL

LUBRICATING OILS

DIESOLINE FOR HIGH

SPEED DIESELS

DIESEL OIL, SOLAR OIL

FUEL OIL

MEXPHALTE (ASPHALT)

KEROSENE OILS

PARAFFIN WAX.

SHELLTOX

WEIGHTS AND MEASURES

In China, Standards of Weights, Measures and Length vary all over the

country. Generally speaking, two , kinds of standard are now in use, namely,

the old and the new. The old standard was forinulated from the Weights and

Measures liaw promulgated in 1914, establishing a. double system, the standard

metric unit and that based on Yinq i\ao I liih or “ Builder’s Fbdt ?> for length and ‘

Kuping tkel or Lw/nQ' for weight. The law governing the hew standard waA

promulgated by the National Government on February 6. 1929 and it is intended

to be the legal standard .of weights- and ,:gieasures acceptable throughout China.

For convenience sake and (Mstomary usage'it'also established a double system;

one is the standard metric unit and. the other, whichds temporary in .nature, and,

to be abolished as soon as the people are accustomed to l|he use of standard units,

is designed only for market use. However, the latter is derived from the former .

by taking ,one litre of Kung Shehg as one Shih Sheng whieh is nearest to the “

Chinese customary unit of capacity Sheng one, half kilogram as one Shih Chin

which is the average weight of the different varieties of “Chin” in different

localities; and one third of a meter or Rung Ch’ik as one Sk’ih Ch’ih which is the

average length of different varieties of Chinese “ Foot ” in different localities, thus

constituting the so-called 1-2-S-system of "Chinese weights and measures based on

IntetnationaTmetric standardi Such'a system, as devised by the Ministry"of'

Industry; Commerce and Labour aftff proclaimed by the National Goyei nrhent'to1

be put into force may also have great bbaring on the Users, of British “.Foot-Bound” ;

system -By taking the following approximate value : 1 quart equals to 1 litre,

1 pound equals to £ kilogram and 1 yard equals to 1 meter. The Russian and

Japanese system can also be thus varied accordingly s© as to fit themselves to the

International System. The following is a comparative table showing both the cld

and the new standards together with.ithe/r approximate foreign equivalent^.;— r

WEIGHTS—OLD STANDARD

10 Wei = 1 Hu i 10 Ohieih at 1 Lianp, or Tael L100 Chin = 1 Tan, or Picul

10 Hu — 1 Ssu = 37.79937 Grammes

10 Ssu — 1 Hao = 1.333 Avoirdupois Ounces ~ 133/33 lb.

10 Hao — 1 Li' 16 Liang =f-IS0hin,:or Catty - ' — 60.47899 Kilogramme!!

10 Li = 1 Fen; or-Candarecn ~ 604.7899 Grammes

10 Fen '= 1 Chien, or Mace == li/p ib. 200 Chin — lYing . ■'

NEW STANDARD

METRIC STANDARD

1 Milligramme j 10 Kung,Fen - i 1 Kung Ghien ■ 10 Kung Chin : 1 Kung Heng

: 1 Kung Hao I ; 1 decagramme" 1 Myriagramme

: 1 Centigramme

10 Eung Hao i 10 Kung Chien = : 1 Kung, Liang 10 Kung Hem?. : 1 Kung Shih., .

: 1 Kung Li ;! 1

: 1 Decigramme 1 : 1 Hectogramme iquihtot'

10 Kung Li - -■ 1 Kung Fen 10 Kung Liang = IKungChin 10 Kung Shito ; 1 Kung Tung ’

1 Gramme I IXilogramme 1 1 Tonne

MARKET STANDARD

10 Shih Ssu = 1 Shih Hao [ 10 Shih.Chien — 1 Shih Liang , I 16 Shih Liang — 500 Grammes

10 Shih'Hao .1-Shib Liiii ■ — 3li Grammes ‘ ! 13

1

Liang & 4 Chiim

10 Shih Li =1 Shih Fen 18 Shih Liang .irz 1 Shih Chin (Kupihg Weight)

10 Shih Fen — 1 Shih Chien I i Kung Chin | 100 Si h Chin = 1 Shih Tan

CAPACITY-OLD STANDARD

6 Su — 1 Keui - 1 -10 Ho 1 Sheng - | 10 Sheng — 1 Tou

10 Keui =1 Hu

10 Ch’ao — lTs’o° I = 1.0354688 Litres 6 Tou

10 Ts’o ~ 1 shao = i-09416 Liquid quarts 2 Hu == 1 Shih

10 Shao = 1 Ho I 0.27354 Gallons | 2 Shih 1 Yin

XVIII WEIGHTS AND MEASURES— Continued

NEW STANDARD

METRIC STANDARD

1 Rung Ts’o r= 1 Millilitre 10 Rung Ho — 1 Rung Sheng 10 Rung Tou = 1 Rung Shih

10 Rung Ts’o — 1 Rung Shao = 1 Litre or 1,000 co ■;.== 1 Hectolitre

= 1 Centilitre

0 Rung Shao = 1 Rung Ho 10 Rung Sheng — 1 Rung Tou 10 Rung Shih — 1 Rung Ping

= 1 Decilitre = 1 Decalitre — 1 Rilolitre

MARKET STANDARD

10 Shih Ho — 1 Shih Shehg

= 1 Rung Sheng | 10 Shih Sheng *. 1 Shih Tou

, ,=p 0.966 Sheng (old stand.) 10 Shih Tou - 1 Shih Shih

LENGTH-OLD STANDARD

1 Ts’un (Or inch) 10 Ts’un — 0.35814 Metres 1 10 Chang— 1 Yihg

1.41 English inches 5 Ch’ih == 1 Pu or 1 Rung IS Ying — 1 Li

35.814 Millimetres 2 Pu t— 1 Chang

in = 1 Ch'ih for foot) — ll feet A 9 ins. (Eng.) = 1/3 English Mile

' ia= 14.4 English inches = 3.5814 Metres ==t 576 Metres

NEW STANDARD

METRIC STANDARD

Millimetre 10 Rung Ts’un =fc 1 Rung Ch’ih I 10 Rung Chang 1 Rung Ying

Rung Fen = 1 Metre 03)1 Hectometre

= 1 Centimetre

1 Rung Ts’un 10 Rung Ch’ih — 1 Rung Chang 10 Rung Ying 33 1 Rung Li

Decimetre = 1 Decametre [ ; oo 1 Kilometre

MARKET STANDARD

10 Shih Had 3= YShih Li 10 Shih Ts’un z= 1 Shih Ch’ih

10 Shih Li 33 1 Shih Fen 33 1/3 of Rung Ch’ih | 10 Shih Chang 3= 1 Shih Ying

10 Shih Fen = 1 Shih Ts’un 1.4 Ch’ih (old standard) I 15 Shih Ying 33 1 Shih Li

AREA—OLD STANDARD

1<,0 Sq. Fen 1 Sq, Ts’un lOSsu 03 1 Hao I 10 Fen 33 1 Mow

Ido Sq. Ts’un : 1 Sq. Ch’ih Z3- 1/6 English ai

25 Sq. Ch’ih 1 Sq. Pu or lOHao OolLi 3= 240 Sq. Pu

1 Sq. Rung 10 Li 331 J’en 100 Mow =3 1 Ch’ing

100 Sq. Ch’ih 1 Sq. Chang =3.6 Sq. Chang | 540 Mow =3 1 Sq. Li

NEW STANDARD

METRIC STANDARD

1 Rung ti =4:1 CentiarC 10 Rung Fen =3 1 Rung Mow [ 100 Rung Mow — 1 Rung Oh’in

10 Rung Li rot 1 Rung Fen 1 Heotare

100 Sq. Rung Ch’ih I ^

MARKET STANDARD

10 Shih Hao 33 1 Shih Li 10 Shih Fen = 1 Shih Mow

IQ Shih Li 33 1 Shih Fen 33 6,000 Sq. Shih Ch’ih 100 Shih Mow 00 1 Shih’Ctl’ing

ADDENDA

The following arrived too late for classification.

Duplicate copies of these entries are to be found in the

pocket, inside the hack cover. Get your clerk to cut

them out and paste them in the correct places.

KOBE NAGASAKI

I On Page 297 On Page 321

j BIENIE LEONARD, Export and Import CUSTOM HOUSE—Hagoromo-machi

Commission Merchant —99, Harima- Director—S. Fukuchi

machi (2nd floor); Teleph. 1282 San- Chief Inspector—T. Shinoda

nomiya; Cable Ad: l.eonard; Codes: Chief Appraiser—C. Miyake

A.B.C. 6th, Bentley’s, Acme Commodity Chief Accountant—A. Koike

Code Chief Plants Quar. Off.—K. Tanaka

Agencies'.—

J. K. Mooney & Co., Ltd., New Zea-

land. Wool, Hides, Sheep-skins, TAIHOKU

Babbit-skins, Tallow, etc.

The Feldman Rug Co., Inc , New York

The Oriental Consolidated Mining Co. On Page 326

The Seoul Mining Co. Carter Macy Tea and Coffee Co.,

Inc., Tea Merchants and Shipping

. Agents — 24-26, Eiraku cho, 1-chome,

On Page 306 Taihoku; P. O. Box 59; Cable Ad:

JAVA-CHINA-JAPAN LIJN, N.V. — Meikai

Macytea

Building, 32, Akashi-machi; Telephs. Geo. S. Beebe, special agent

Sannomiya 155, 2805 & 5102 ; P. O. Box R. B. Orr

336 ; Cable Ads: Javalyn and Hoaline H. L. Keen | J. M. Boyol

A. L. W. van Dobben, agent Agencies:

L. Speelman, p.p.

J. R. van Waltree American Pioneer Line

F. Cochius (Passage Dept.) Barber Wilhelmsen Line

i J. C. Zwan (Accounting Dept.) Ellermann “London” Line

T. Teshima Java-China-Japan-Lijn, N. Y.

s Agencies

Holland-East-Asia Line (H.O.A.L.) KEIJO, KOREA

“ Nederland Line ” Royal Dutch Mail

(R.L.)

“ Rotterdam Lloyd ” Royal Dutch Mail On Page 335

(R.L.) TEXAS CO. (CHINA), LTD., THE, Petroleum

Royal Packet Navigation Co. (K.P.M.) Products—Nikka Sumei Building, 5

Holland America Line (N.A.S.M.) Chome No. 1; Nandaimon Dori; Teleph.

Royal Dutch Airways (K. L. M.) Hon. 3968; Cable Ad: Texaco

Royal Dutch Indian Airways (K.N.I. E. C. Robinson, district acct. & mgr.

L.M.) R. Ohashi

XX ADDENDA (PEIPING, TIENTSIN, TAKU, HARBIN & TSINGTAO)

PEIPING General Managers: “Defag”

Deutsche Farben- Handelsgesellschaft

Waibel & Co.

On Page A36

HENRI VETCH-Publisher at the French

Bookstore, Peiping, of “ Monumenta TAKU

Serica,” Serai-Annual Journal of

Oriental Studies

On Page A91

On Page A38 TAKU CLUB—

lion. Sec.—R. Heaps

“MONUMENTA SERICA”—Journal of Orien-

tal Studies of the Catholic University

of Peking (Semi-Annual) HARBIN

F. X. Biallas, S.V.D., editor

Baron A. von Stael-Holstein, Gustav On Page Alll

Ecke, Ernst ' Schierlitz, Ch’en

Yuan, Shen Kien-shi, Chang POLISH CHAMBER OF COMMERCE — 5,

Hing-lang, Ying Ts’ien-li and Glukhaya Street

Henri Vetch, associate editors Chairman—W. Radwan

• Secretary—A. Zalewski

TIENTSIN

On Page Al 08

On Page A69 POLISH CONSULATE—5 Gloukhaja

Consul—A. Kwiatkowski

ITALIAN MARBLE WORKS—3, Italian Bund; Vice-Consul—Fr. Zaleski

Teleph. 404zl; Cable Ad: Massa St. Szalay

Jan Jaworski

On Page A48 Ada Kaczkowska

ST. ANDREW’S SOCIETY A. Hajwos

President—J. A. Andrew A. Powierza

Hon. Secretary—E. S. Rendall K. Kuchcianka

Tchen Tao-tsi, interpreter

On Page A84

& M ± TSINGTAO

Teh shik ku hou yiu kuny sze

TEXAS CO. (CHINA), LTD., THE, Petroleum On Page Al43

Products (Kerosene, Gasoline, Lubricat- CHARTERED BANK OF INDIA, AUSTRALIA

ing Oils, Paraffine VVax, Roofing, Asphalt, AND CHINA—Cable Ad: Tenacity

etc.) — Banque Beige pour 1’Etranger J. R. Watson, agent

Building, 90 Victoria Road; Telephs. A. McKechnie, sub accountant

30340 & 33436; Cable-A d: Texaco A. M. Gonsalves

R. R. Harrison, district manager L. T. Chang, compradore

F. G Keefe

E. H. Fendlason, district accountant On Page A148

G. A. Flynn

E. Katz 1 Liu Feng Tsai ■R! & vfc ik •£ ± H

Kuo You Tan | B. J. Stepanoff Teh shih kit huo yiu kung szu

Installation: TEXAS CO. (CHINA), LTD., THE, Petroleum

W. P. Irwin, terminal superin- Products (Kerosene, Gasoline, Lub-

tendent ricating Oils, Paraffine Wax, Roofing,

L. G. Bowers Asphalt, etc.) — 3, Monchwang, Road;

L. A. Chupin | L. U. Joukoff Teleph. 3203; Cable Ad: Texaco

G. H. Burdick, district manager

On Page A85 G. H. McLachlan, district accountant

H.

m ^Guang

it fengm huamhsiau tschang D. F. Lee I D. H. Shu (Chefoo)

M. I. Popoff I D. S. Chao (Tsinan)

TIENTSIN CHEMICAL CO.—8, Rue Courbet Installation:

K. Kuehn, partner R. C. Whitney, terminal supt.

R. Walter, techn. dept. W. Pflug | B. V. Booriakin

ADDENDA (SHANGHAI) XXI

SHANGHAI On Page A27t

LALCACA & Co., Exchange and Bullion

On Page A164 Brokers—45, Kiukiang Road; Telephs.

10026 »fc 17731; Cable Ad : Lalcaca

fr ft B. P. Lalcaca, partner

ABRAHAM, KATZ & Co.— 316, Kiangse N. B. Karanjia, do.

Hoad; Teleph. 13361; Cable Ad; Abkatz E. D. Damri, do.

M. Katz D. K. Mistry

L. Katz ■[ T. Wong

On Page A307

On Page A215

PAN & Co., C. C., Export and Import Mer-

AUTOMOBILE CLUB OF CHINA—17,

The chants—83/2, Thibet Road; P.O. Box

Bund; Teleph. 10704; P.O. Box 1049; 1818

Cable Ad: Moorob

President—Gen. Wu Teh-cher On Page A197

Chairman—H. Tiefenbacher

POLISH CHAMBER OF COMMERCE—26, Rte

Secretaries—Beck & Swann

Delastre

On Page A185 Chairman—W. K. Peltz

Vice-Chairman—J. Chudzynski

BECK & SWANN—17, The Bund; Teleph. Vice-Chairman—A. Rodkin

10704; P.O. Box 1049; Cable Ad: Moorob B. Sienkiewicz

ii. N. Swann, F.L.A.A. M. Steinman

Miss A. Anderson St. Dembinski, secretary

Y. C. Chu I Z. L. Chow

K. T. Doo I K. L. Chwang On Page 221

POLISH LEGATION—83, Rte Pichon

On Page A207

Envoy Extraordinary and Minister

n n m w *1’ §? Plenipotentiary — J. Barthel de

Wey.Jenthal

CHINA RECONSTRUCTION & ENGINEERING)

REVIEW, Monthly Review of Engi- Counsellor of Legation — Dr. J.

neering, Industry, Railways, Aviation, Krysinski

Radio, etc.—53, Foochow Road; Teleph. Attache—Jan Wurcel

14231 Chancellor—Piotr Mroz

E. H. Chu, managing editor Secretary-Typist—Janina Lubanska

A. Deacon Interpreter—D. Y. Hsu

Chinese Typist—S. M. Kou

On Page A219

On Page A174

CONSULAR SECTION (Attached to Polish

Legation)—26, Rte Delastre SHANGHAI FIRE INSURANCE ASSOCIATION

Acting Consul General—Dr. Jan — 17, The Bund; Teleph. 10704; P.O.

Krysinski Box 1049; Cable Ad: Moorob

Committee—G. H. Piercy (chairman),

On Page A173 A, H. Atkins, W. C. Bond, W. G.

Dove, G. F. Dumbarton, A. R.

# SS JiO ± I Harris, L. J. Kleijn, A. B. Park,

EMPLOYERS’ FEDERATION — North China H. B. Scott and H. E. Wright

Building, 17, The Bund; Teleph. 10704;

P.O. Box 1049; Cable Ad: Moorob On Page A197

Chairman—C. D. Pearson SHANGHAI GENERAL CHAMBER OF COM-

Secretaries—Beck & Swann MERCE—North China Building. 17, The

Bund; Teleph. 10704; P.O. Box 1049;

On Page A173 Cable Ad; Moorob

EXPORTERS’ ASSOCIATION OF SHANGHAI— Chairman—H. W. P. McMeekin

17, The Bund; Teleph. 10704; P.O. Box Secretaries—Beck & Swann

1049; Cable Ad: Moorob

Chairman—W. E. D. Smith On Page A174

Secretaries—Beck & Swann SHANGHAI MARINE UNDERWRITERS AS-

SOCIATION—17, The Bund; Teleph. 10704;

On Page A266 P.O. Box 1049; Cable Ad: Moorob

KARANJIA, N. B., Exchange Broker—45, Chairman—W. G. Dove

Kiukiang Road; Teleph. 17731 Secretaries—Beck & Swann

xxn ADDENDA (S’HAI., NANKING, HAN., FOOCHOW, AMOY & SWATOW)

On Page A174 Hankow Terminal:

SHANGHAI METAL MERCHANTS’ ASSOCIA- G. D. Beaty, terminal supt.

TION—North China Building, 17, The A. Inch, assistant terminal supt.

Bund; Teleph. 10704; P.O. Box 1049; F.

Cable Ad: Moorob Changsha Station:

Chairman—H. Tiefenbacher W. L. Butt [ Lo Chia Hsuan

Secretaries—Beck and Swann Chungking Station:

J. W. Powell

On Page A357

jji{| Foh Ping On Page A398

THOMSON & Co., Chartered Accountants—

WHITE & Co., LTD., W. A., Merchants, Union Buildings, S. A. D. No. 3; Teleph.

Commission, Land & Estate Agents — 21307; Cable Ad: Scrutiny

81, Jinkee Koad ; Teleph. 11549; Cable E. S. Wilkinson, A C.A. (Shanghai)

Ad: Whitecold L. T. Beddow, A.C.A. (Tientsin)

W. A. White, director G.

John L. Wade, director B. O. Blakeiv A.C A. (Shanghai)

™ ’ '

A. A. Sequeira I. E. Koberts, A.C.A. (Hankow)

B. J. Marinitch I Lau Tsat Yue W. J. Cole, A.C.A S. K. W-ong

Hanpin Y. Chow | Chuck Men Tu M. N. Speyer K. H. Lo

Yang Tuck Chong | Sung V uen Ding L. J. Panoff

Chow Tsze San j Loh Kiu Kao S. Liang

W. Broderick P. S. Wong

Giant Han | Wong Ying Kwei P. C. Shien W. Y. Lee

S. K. Au C. D. Pao

NANKING

FOOCHOW

On Page A372

On Page A436

& vfe A £ ± m ^1 & VftA "S’ ± H

Teh sze ku liuo yu hung sze

Teh se ku huo yu hung sze

TEXAS CO. (CHINA), LTD., THE, Petroleum

Products—13, Chung Shan lioad; Cable TEXAS CO. (CHINA), LTD., THE, Petroleum

Ad: Texaco Products, Kerosene, Gasoline, Lub-

ricating Oils, Paraffine Wax, Roofing

J. M. Hansen, district manager Material and Asphalt—7, Huang Sung

J. F. Orr, district accountant Pao Street, Natal; Teleph. 2942; Cable

T. F. Schields I C. F. Lui Ad: Texaco

S. T. Tai I S. P. Chen H. K. Chang

HANKOW AMOY

On Page A.397 On Page A443

^ & *it& iJc -& ± n * ±

Tax tze ku

m

Teh szu ku ho yu kung sze Petroleum

TEXAS CO. (CHINA), LTD., THE,

TEXAS COMPANY (CHINA), LTD., THE, Pe- Products—Hongkong & Shanghai Bank

troleum and its Products—N.K.K. Bldg., Building; Cable Ad: Texaco

The Bund and Kiang Plan Road; Te- Lei Shi Seng

lephs.: Manager 821, General 823,

Manager’s Residence 1520, Installation

2837; Cable Ad: Texaco SWATOW

Administration:

L. M. Carson, district manager On Page A451

Miss J. C. Wood

± H

Marketing Division: Tax tze ku

H. G. Stewart

G. A. Flynn | Chang Shao Tang TEXAS CO. (CHINA), LTD., THE, Petroleum

and its Products—6, Koo Peng Road;

Accounting Department: Teleph. 266; Cable Ad: Texaco

S. K. Svensen, district acct. Ko Man Tat

Chang Foh Hwa Chew Huan Check

ADDENDA (HONGKONG, HAIPHONG, SAIGON & SELANGOR) xxm

HONGKONG Installation:

W. L. Worden, terminal superinten-

On Page A651 dent

A. M. Claeys

PITTENDRIGH WILSON & Co., Import and

Export Merchants—18, Queen’s Road

Central; Teleph. 20370; P.O. Box 2;

Cable Ad: Pitchfork SELANGOR

W. Pittendrigh, manager

W. K. Tung

On Page Cl36

On Page A651

ANGLO-ORIENTAL (MALAYA) LIMITED.

Po KWONG STUDIO—130, Queen’s Road

Central; Teleph. 23854 Incorporated in the F.M.S., Eastern

Representatives of: Anglo-Oriental

On Page A651 Mining^ Corporation, Ltd., London.

(Capital: Authorised—£100,000; Is-

Po MAN & Co., Dealers' in Typewriters sued £7,000)—2-8, Java St., Kuala

and Accessories—9, Gage Street; Teleph;

25434 Lumpur; Teleph. 3136; Cable Ad:

Anglomaya

On Page A651 Directors—A. A. Henggeler (chair-

a fMcMUftStw * KB# s t- man), H. A. Coates, L. T Wil-

liams and Doutlas T. Waring

Po On Yueng Min Ka-p Fore Chook

Secretary—B. M. Cameron

Po Him Kung Sze

General Managers— '

Po ON MARINE AND FIRE INSURANCE

AND GODOWN Co., LTD.—Head Office: Ampa(, Tin Dredging, Ltd.

157, Wing Lok Street; Teleph. 20106; Anglo-Malayan Tin, Ltd.

Cable Ad1: Poon Anglo-Siamese Tin Syndicate,

Directors—Un Chi Oi, Chu Shu Nam, Ltd. ■ . ; .

Un Lan Soon, Au Kwong Yu, Ho Jelapang Tin Dredging, Ltd.

Tse Hung and Lo Hon Wing Kampong Lanjut Tin Dredging,

Un Man Chuen, secretary Ltd.

Kramat Tin Dredging, Ltd.

HAIPHONG Kuala Kampar Tin Fields, Ltd.

Kundang Tin Dredging, Ltd.

La-rat Tin Fields,, Ltd.

On Page B121 London Tin Corporation, Ltd.,

TEXAS Co. (CHINA), LTD., THE, Petroleum Siput Mine

Products—21, Rue Jules Ferry; Cable Lower Perak Tin Dredging, Ltd

Ad: Texaco Malim Nawar Tin, Ltd.

C. J. Livingston, marketing asst. Rawang Concessions, Ltd.

P. L. Boutron I Miss A. Graham Rawang Tin Fields, Ltd.

Miss E. Agier | Lau Chi Cheung Southern Kinta Consolidated,

Ltd.

Talerng Tin Dredging, Ltd.

SAIGON

- Technical Managers—

Kamunting Tin Dredging, Ltd.

On Page B155

Kuchai Tin, Ltd.

TEXAS COMPANY (CHINA), LTD., THE, Lingui Tin, Ltd.

Petroleum Products—1, Rue Georges Pangnga River Tin Concessions)

Guynemer; Cable Ad: Texaco

N. M. Draper, manager Ltd.

W. H. Smith, district accountant Semenyih Tin Dredging, Ltd.

C. L. Cauvin E. S. Lacour Talerng Tin Dredging, Ltd.

C. M. Cropley P. Laugie Eastern Managers—

H. L. Dupuoy Miss P. Peterson

O. Peterson Malayan.Tin Fields, Ltd.

Miss A. Faustin

Miss E. H. H. Rozario Soutbern Siamese Tin Dredging,

Fondacci D. Spielmann Ltd.

XXIV ADVERTISEMENT

If you are interested in

advertising your goods

in the Far East

The Hongkong Daily Press

(Established 1857)

OFFERS YOU THE MOST ECONOMICAL

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TF YOU ARE INTERESTED IN ADVERTISING

1

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TREATIES

SPORTS

/

CHINA TRAVEL SERVICE

General Tourist Agents

River, Ocean, Railway and Airline Bookings

and

Reservations.

RECORD SERVICE IN THE COINTRVI

Offices are located at Shanghai, Hong Kong,

Nanking and twenty other Chinese Centres.

For further particulars see “Treaties” and

“Northern Ports” Tab Pages

TREATIES, CODES, &C.

1

m ,gaao3 muMi'

TREATIES WITH CHINA

KOWLOON EXTENSION AGREEMENT, 1898

Whereas it h^s for marry jears past been recognised, that an extension of Hong-

kong, territory is, rieoessary 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 Britisb 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, haye 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 reqbireinents fbr the defence of Hongkobg.

Within the remainfief of the newly-leaSed territbry Great Britain shall have sole ’

\ jurisdiction. Chifiese officials and people shall be ailoweil, As heretofore, tb:Use the

road from Kowlobn to Hsinan.

t It is further agreed that the existing landrng-pbice iieaJr Kbwlobii eity shall be

reserved for the Convenience df Chinese memof- war, uiercliailt and passengers •vessels,

which may come: and go and lie there at their pleasure; ahd.for the ebnveniepee of

movements of the officials and people within the city.

When, hereafter, China constructs a railway to the boundary of the j Kowloon,

territory under British control, arrangements shall be discussed,

It is furthe'r understood that there will be no expropriation or expulsion of. the

inhabitants of the district included within the extension, :s,nd tfiat if; land is, required

for public offices; fortifications, or the like official purpose^'it .shall be , bouglvt at

a fair price,

If cases of extradition of criminals occur; they shall be dealt with in accordance

with the eyisting treaties between Great Britain and,vChinii and the Hongkong

Regulations.

The area leased by Groat Britain includes the wa,ter^ ipf Alirs Ba-y and Beep

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 ihe fifth inion of the twenty.-fburfli year

j of Kwang Hsu. It sh^H be ratified by the Sovereigns i>f the' two cbUT^tfiesy^afi'd the

f ratifications shall be exchanged In London as sgoii as possibly.

| In witness whereof the undersigned, duly authorised'thereftj by tHbir respective

Governments, have sigiied the presbnf agreement. ''

t 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-eightvbeing

i the twenty-first daylof the fourth moon of the, twenty-fctp-th year of,Iiwail?'Hsu..

1

Claude M. Macdonald.

Li Hung-chang '7 MeUiberS of

. : Hsu Ting K’uEi ) Tsung-li iTamun.

*1

SUPPLEMENTARY COMMERCIAL TREATY WITH CHINA

Signed at Shanghai, 5th Septembek, 1902

Ratifications exchanged at Peking, 28th July, 1903

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

the British Dominions beyond the Seas, Emperor of India, and His Majesty the Em-

peror of China, having resolved to enter into negotiations with a view to carrying- out

the provisions contained in Article XI. of the Final Protocol signed at Peking on the

7th of September, 1901, under which the Chinese Government agreed to negotiate the

amendments deemed useful by the Foreign Governments to the Treaties of Commerce

and Navigation and other Subjects concerning commercial relations>ith 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 metpber 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 CertifDates

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 excepled), 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 lelcin 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, moreover, of the utmost importance that all shareholders in a Joint Stock

II ^Company should standbn a footing of perfect equality as far as .mutual obligations

are concerned,.China further agrees that Chinese subjects who ba,ve br ruav become

11 shareholders in any British Joint Stock Company shall be held to have accepted, by

j: 'the very act of becoming shareholders, the Charter of. Incorporation Or Memorandum

j and Articles of Association of such Company and regulations framed thereunder as

interpreted by British Courts, and that Chinese'Courts shallenforceCOmpliance there-

with by such Chinese shareholders, if a suit to that effect be entered, provided always

i that their liability shall not be other or greater than that of British shareholders in

I the same Company.

Similarly the British Government agree, that British subjects 'investing in

i1 Chinese Companies shall be under the same obligations as the Chinese .shareholders

in such companies.

1 The foregoing shall not apply to cases tvhich have already been before the Courts

and been dismissed.

Art. V.—The Chinese Government undertake to remove within the next two

years the artificial obstructions, to navigation in the Canton River. The Chinese

I Government also agree to improve the accommodation for shipping in the harbour of

f '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

j by a tax on goods , landed and shipped 1by British and Chinese alike according to a

\ *cale to be arranged between the merchants' and the Customs Authorities.

The Chinese Government are'aware of the desirability of improving the naviga-

i 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 curried out steamship

owners shall be allowed., subject to approval by the Imperial Maritime Customs, to

■erect, at their own expense, appliances, for hauling through the rapids. Such

appliances shall be at the disposal of all vessels, both steamers and junks, subject to

I regulations to he drawn up by the Imperial Maritime. Gnstoms. 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

l cost to the Chinese Government, it shall be considered by the latter in a friendly

1 spirit.

Art. VI.—The Chinese Government auree to make arrangements to give increased

? facilities at the open ports for bonding and for repacking merchandise in bond, and,

on official representation being made by the British Authorities, to grant the privi-

leges of a bonded warehouse to any warehouse which, to the satisfaction of the

Customs Authorities, affords the necessary security to the revenue.

Such warehouses will be subject to regulations, including a scale of fees according

to commodities, distance from Custom-house and hours of working, to be drawn up

by the Customs Authorities who will meet the convenience of merchants so far as is

| compatible with the protection of the revenue.

Art. VII.—Inasmuch as the British Government affords protection to Chinese

i 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 he

registered on payment of a reasonable fee.

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

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

6 THE BRITISH.COMMERCIAL TREATY. WITH CHINA

destination, impedes tlie free circulation of commodities and injures the interests of

trade, hereby undertake to discard completely these; means of raising, revenue with

the limitation mentioned in Section 8.

The British Government, in return, consent to allow a surtax, in excess of th&

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 teJc\n barriers. a,h,d, otliei; stations for taxing

goods in transit have been removed, no attempt shall be made to revive them in any

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

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

terms of the Final Protocol,signed by China and the Powers on the 7th day of Sep-

tember, 1901; that payment ol the import duty and surtax sliall secpre 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 6r delay ; that

the total amount of taxation leviable on native produce foe expovt abroad shall, under

no circumstances, exceed 7| per ad 'valorem:

Keeping these fundamental principles 'steadily in vibw1'; the high "coiltractihg

parties have agreed upon the following methods of procedure

Section 1.—The Chinese Government undertake that all barriers of whatsoever

kind, collecting lehin or such like dues or duties, shall be permanently abolished on all

roads, railways, and waterways in the Eighteen Provinces of China and the Three

Eastern Provinces. This provision does not apply to the Native Custom-houses' at

present in existence on the seaboard or waterways, at open ports,!rin land routbs, and

on land frontiers of China.

Section 2.—The British Government agree that foreign gdods' bh importation, in

addition to the effective 5 per cent, import duty as provided for1 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 ZeZa’n, of transit dues in lieu of lekin, and of all other

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

this Article; but this provision shall pot impair the right of Chiftado tax salt, native

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

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

Provinces of China arid the Three Eastern Provinces acrbSs'the land frontiers as on

goods entering China by sea.

Sectioii 8.—All Native Custom-hbuses now existing, whether at the Open Ports,

on the seaboard, on rivers, inland waterways, land routes br larid frontiers, as

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

and Works) and Ta Ch’mg Hui Tien (Dynastic Institutes), may remain ; a list of the

same, with their location, shall be furnished to the British Government,•

1 for purposes

of record.

be hereafter placed,‘Native Custom-houses may be also established ; as wellsuch

Wherever there afb Ifnperial Maritime Custom-house's, or wherever as at may

any

points either on the seaboard or land frontiers.

The location of Native Cusfo'm-hduses iif the ' Interior' may be- changed as the

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

British Government, so that the list may be' cbrreked'; the originally r •stated number

of them shall not, however, be exceeded. '

Goods carried by junks or sailing-vessels trading to or f rom open ports shall not

pay lower duties than the coiribimed duties and surtax on similar cai’go carried by

steamers. ■ , .

Native produce,

on arrival)at 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 giveri which shall describe the

nature of the goods, weight, number of packages, etc,, am.ount of duty paid and

intended destination. This certificate, which shall he valid, for a fixed period of nob

I'ilH BRITISH COMMERCIAL TPEA-TY WITH •CHINA

less .than oue yqar froni; date of-payment of duty, shall free the goods from all taxation,

-examination, delay, or, stoppage at any other Natiye; Custom-ihouses passfed eti route.

If the goods are taken to a place not in the foreign settleinents or concessions ©f an

-open port, for local .use,, they become there liable to the Qonsumption Tax described

in Section 8. - ■ .,

If the goods arO( shipped froman open port, the certificate-is to-be accepted .-by

-the Custom-house concerned, in lien-of, the export surtax mentioned, in Section 7. <

Junks, boats, or carts shall not be subjected lo any taxation beyond a small and

reasonable charge, paid pei-iodically at a fixed annual rate! - This does nofeexclude the

right to levy,,as at present, tonnage (Cliuan Chao) and port dues (Chuan Liao) on

junks. vr:-, i ■- k.

Section 4.—Foreign opium duty and present leTcin—which latter will now. become

a surtax in lieu of feArn—shall remain as provided for by existing Treaties.

Section. J).—-The British (government.haveno intention whatevef;:of interfering

with China’s right to tax; native opium, but it is essential to; declare that jin her

arrangements for levying aueh taxation, China will not subject other goods to taxation,

delay, or, stoppage.

China is free to retain at important points oil 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 paidin one lump sum ; which payment shall cover taxation of all

kinds within that province. Bach cake of opium will have a stamp affixed as evidence

of dutyjpayment. Excise officers and police may: be employed in connection with these

offices ; bat no, barriersi or other obstructions, are to be erected, and the excise officers

or police of these offices shall not stop or; mplest 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 nb barriers or

-obstructions of any kind shall •be erfected.

Section 7.—The Chinese Government may re-cast the Export Tariff with specific

duties US far as practicable on a,scale hot 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-i 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 he 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

balf 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 tbe Con-

sumption Tax mentioned in. Section, 8;.. ■ v

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

tevenue materially. The surtax’on foreign, imports and exports and on coastwise

-exports is intended to compensate in a measure for this loss of revenue, but there

THE BRITISH COMMERCIAL TREATY WITH CHINA

remains the loss of lehin revenue on internal trade to be met, audit 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 expoi*t. 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.

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

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

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

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

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

collected through the Imperial Maritime Customs.

The same principle and procedure are to be applied to all other products of foreign

type turned out by machinery, whether by foreigners at the open ports or by

Chinese anywhere in China.

This stipulation is not to apply to the out-turn of the Hanyang and Ta Yeh Iron

Works in Hupeh and other similar existing Government Works at present exempt from

taxation; or to that of Arsenals, Government Dockyards, or establishments of that

nature for Government purposes which may hereafter be erected.

Section 10.—A member or members of the Imperial Maritime Customs Foreign

Staff shall be selected by each of the Governors-General and Governors, and appointed,

in consultation with the Inspector-General of Imperial Maritime Customs, to each pro-

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

Native Opium Taxes. These 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 BEITISH COMMEKCIAL TREATY WITH CHINA

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

ihave 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 leMn 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 bh His Britannic Majesty’s

Government and subjects.

The condition^ on which His Britannic Majesty’s Government enter into the

present engagement are: —

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

favoured nation treatment in China enter into the same engagements;

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

granting by China of ahy political concession, or of any exclusive coinnaefcial 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 cpme into force when all, the Powers have signified their acceptance of these

•engagements.

Section 16.—When the abolition of lekin and other forms of internal taxation on

goods as provided for in this Article has been decided upon and sanctioned, an Imperial

Edict shall be published in due form on yellow paper and circulated, setting forth the

abolition of all iekin 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 withiu one year frorn 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

10 THE BRITISH COMMEKGI.VL TREATY WITH CHINA.

Chinese subject^ ^nd ,not iuj;uring 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 piinipg. concession granted affc§r the publication pf these; new Rules shall be

subject to their provisions,. ,. , ,, ,

Art. X. — Whereas m the year iS^R’the Inland Waters opChina 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 2bth July, 1898, and Supple-

mentary Rules dated September, 1898, have been found ih'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" Ootil altered by mutual consent.

It is further agreed that Rongmobn shall be OpOhOd aS a, Treaty Port, and that, in

addition to the places named in the special Article of the Burniah 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‘oe),Lo Ting Hau(Lo-ting k‘ou),

and Bo Sing (Tou-clAeng); and to land or discharge passengers at the following ten

passenger landing stages on the West River:—Yung Ki (Jung-chi), Mah Mng (Ma-

ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Lik

(Houli ), Luk Pu (Lu-pu), Yuet Sing (Yiieh-cb‘eng), Luk To (Lu-tu) and Fung Chuen

(Feng-ch‘uan).

Art. XI.—His Britannic Majesty’s Government agree to the-prohibition of the

general importation of morphia into China, oh 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 ehall 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 ah 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 cote

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 sidb 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. XIY.—Whereas under Rule Y. appended to the Treaty of Tientsin of 18-58.

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 BfilTISH COMMERCIAL TREATY WITH CHINA llr

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, i

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 reThnposed vuitil six weeks’ notice has been given.

’Vy’hen a prohibition is notified, it will be stated whether the Government have any

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

if so, the quantity shall be named.

Such rice shall,not bo Included in the prohibition,, and the Customs shall keep a

record of any Tribute or Army Rice so shipped or landed.

The Chinese Government undertake that no rice, other than Tribute or Army

Rice belonging to the Government, shall be shipped during the period of prohibition.

Notifications of prohibitions, and of the quantities of Army or Tribute Rice for

shipment shall be made by the Governors of the Province concerned.

Similarly, notificatio11£■ 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 article's of the produce

or manufacture' of any other State shall immediately be extended to similar articles

of-the produhe of’mjihufactufe Of His Britannic Majesty’s Dbminiohs 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 between1

them, the sense as expressed in the. English text shall be held to' be the correct sense.

The ratifications of this Treaty, under the hand of His Majesty the King of

Great Britain and Ireland and of His Majesty the Emperor of China respectively shall

be exchanged at Peking within a year from this (jay of signature.

In token whereof the respective Plenipotentiaries have signed and sealed this

Treaty, two copies in English and two in Chines^.,

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 Kwahg UAr.

[l.s,^ Jas. L. Mackay.,

Annex A.—-(I)

■' • ' ' (Translation)

Lo, President of the Board of Works ;

Sheng, Junior Guaydi^n of the Heir Apparent, Vice-President of the Board of

Works ;

Imperial Chinese Commissioners for dealing with questions connected with the

Commercial Treaties, to

Sir James Mackay, His Britannic Majesty’s Special Commissioner for the dis-

cussion of Treaty matters. ’

12 THE BRITISH COMMERCIAL TREATY WITH CHINA

Shanghai: E. H. XXVTIL, 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 Ohiang, on the subject of

Clause II. mutually agreed upon by us:

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

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

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

“ Tael over the Treasury Tael, and that ‘ the touch ’ and weight of the former must be

“ made good.”

As we have already arranged with you that a declaration of this kind should be

embodied in an Official Note, and form an annex to the present Treaty, for purposes of

record, we hereby do ourselves the honour to make this communication.

Annex A—(2)

Gentlemen, Shanghai, August 18th, 1902.

I have the honour to acknowledge the receipt of your despatch of the 14th instant

forwarding copy of a telegram from His Excellency Liu, Governor-General of the

Liang Chiang, on the subject of Article II. of the new Treaty, and in reply I have the

honour to state that His Excellency’s understanding of the Article is perfectly correct.

I presume the Chinese Government will make arrangements for the coinage of a

national silver coin of such weight and touch as may be decided upon by them.

These coins will be made available to the public in return for a quantity of silver

bullion of equivalent weight and fineness plus the usual mintage charge.

The coins which will become the national coinage of China will be declared by

the Chinese Government to be legal tender in payment of Customs duty and in

discharge of obligations contracted in Haikwan taels, but only at their proportionate

value to the Haikwan tael, whatever that may be.

I have the honour to be,

Gentlemen,

Your obedient Servant,

Their Excellencies (Signed) Jas. L. Mackay.

Lu Hai-huan and Shenu Hsuan-huai,

etc., etc., etc.

Annex B—(1)

(Translation)

Lit, President of the Board of Works ;

Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of

Works ;

Imperial Chinese Commissioners for dealing with questions connected with the

Commercial Treaties, to

Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.

We have the honour to inform you that on theShanghai, September

22nd of August, we, in2nd, 1902.

conjunction

with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, Their

Excellencies Liu and Chang, addressed the following telegraphic Memorial to the

Throne

“ Of the revenue of the different Provinces derived from lekin of all kinds, a

“ portion is appropriated for the service of the foreign loans, a portion for the Peking

““ Government,

concerned. and the balance is reserved for the local expenditure of the Provinces

THE BRITISH COMMERCIAL TREATY WITH CHINA li

“ 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

“ leJcin 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.

“is thereto pledged, these additional taxes shall be allocated to the various Provinces

“to make up deficiencies and replace i-evenue, 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 Bevenue to find out what

“proportion of the provincial revenues derived from lekin of all kinds, now about

“ to be abolished, each Province has hitherto had to remit, and what proportion it

“ has been entitled to retain, so that, when the Article comes into operation, due

“apportionment may be made accordingly, thus providing the Provinces with funds

“available for local expenditure and displaying equitable and just treatment towards

“all.”

On the 1st instant an Imperial Decree “ Let action, as requested, be taken,”

was issuecl, 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 Till, of the New Treaty goes to the Provinces in proportions to be agreed

upon between them and the Board of Bevenue, but that out of these surtaxes each

Province is obliged to remit to Peking the same contribution as that which it has

hitherto remitted out of its collections, and that the Provinces also provide as

hitherto out of these surtaxes whatever funds may be necessary for the service of the

foreign loan to which lekin is partly pledged..

I hope Your Excellencies will send me a reply to this despatch and that you will

agree to this correspondence forming part of the Treaty as an Annex.

I have the honour to be,

Gentlemen,

YoUr obedient Servant,

(Sighed) Jas. L. Mack ay.

Their Excellencies,

Iiu Hai-huan and Sheng Hsuan-huai,

etc., etc., etc.

14 THE) BEITISH COMMERCIAL TREATY WITH CHINA

Annex B—(3)

(Translation)

Lit, President of the Board of Works;

Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of

Works;

Imperial Chinese Commissioners for dealing with questions connected with the

Commercial Treaties, to

Sir James L. Mackat, His Britannic Majesty’s Special Commissioner.

Shanghai, September 5th, 1902.

We have the honour to acknowledge the receipt of your communication of to-day’s

date with regard ti) the allocation of the surtax funds allotted to the Provinces, and to

inform you thatr the views therein expressed are the same as our own.

We would, however, wish to point out that, were the whole ambuht of the alloca-

tion due paid over 1to the Provinces, unnecessary expense would be incurred in the

retransmission by them ■ of such portions thereof as would haveto 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

portioq thereof as rqay be necessary to fulfil their obligations, and .(on receipt of

these instructions) will send forward the amount direct. The balance will be held

to the order of the Provinces.

In so far as lehin is pledged to the service of the 1898 loan, a similar method of

procedure will be adopted.

As you request that this correspondence' be annexed to the Treaty, we have the

honour to state that we see no objection to this being done.

Annex C

INRAIfD WATERS STEAM NAVIGATION

Additional Rules

1. —British steamship owners are at liberty to lease warehou

banks of waterways frou; Chinese subjeels for a term not exceeding 25 years, with

option of renewal on ftefms • 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 BEITISH COMMERCIAL TREATY WITH CHINA 15

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,, -*yhen appealed tQ^ tshall, if satisfied of the .validity of the pbjectipn,

prohibit-the u«e of that waterway by British launches, provided" that Chinese

launches are also prohibited from using it.

Both Poreigman^jChineselaiinchfes .are prOhibitedjfyptri crossingidajns 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 BritishT Government in desiring to

•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 jun

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 dist

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 cifcumstah!ees: 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 thev 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.1 Jas. L. JVUckay.

REGULATIONS UNDER WHICH BRITISH TRADE IS

TO BE CONDUCTED IN KOREA (CHOSEN)

I.—Entrance and Clearance of Vessels

1. — Within forty-eight hours (exclusive of Sundays and h

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 inquired, 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 correc

four hours (exclusive of Sundays and holidays) of its being handed in, without the

payment of any fee ; but for alteration or post entry tp 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 Kore

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 pf 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.

—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.

above6.prescribed, the—Should

master shall be liableanyto ship leave nottheexceeding

a penalty port without clearing outward

Two Hundred

Mexican Dollars.

7. —British steamers may enter and clear on the same day, and

required to hand in a manifest except for such goods as are to be landed or transhipped

at the port of entry.

REGULATIONS FOR BRITISH TRADE WITH KOREA 17

II.—Landing and Shipping Cargo and Payment of Duties .

1. —The importer of any poods who desires to land them shall mak

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 hot 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 pn the production of the invoice.

2. —All goods so entered may be examined by the Customs officer

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 any go

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 rhe

dustoms 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. —tlpoh all goods damaged On the Voyage of importation a fai

duty shall be allowed, proportionate to their deferiofation. If any disputes arise as

to the amount of such reduction, they shall be settled in the manner pointed out in

the preceding clause.

5. —All goods intended to be exported shall be entered at the Ko

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 ail

the goods contained therein, and shall sign his name thereto.

6. —No goods shall be landed or shipped at other places than thos

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 hr excess, or b

-authorities for duties which have not been fully paid, shall be entertained only when

made within thirty days from the date of payment.

g.—No entry will be required in the case of provisions for the use of British

ships, their crews and passengers, nor for the baggage of the latter which may be

landed or shipped at any time after examination by the Customs officers.

9.—Vessels needing repairs may land their cargo for that purpose without the

payment of duty. All goods so landed shall remain in charge of the Korean Autho-

rities, and all just charges for storage, labour, and supervision shall he paid by the

master. But if any portion of such cargo be sold, the duties of the Tariff shall be

,paid on the portion so disposed of.

IS' REGULATIONS FOR. BRITISH TRADE< WITH KOREA

10.—Any person desiring to tranship cargo shall obtain a permit from the Customs-

authorities before doing so. ’ . ■

* ill.—Protextion of the Revenzie.

1

r-The Customs authorities shall have the right , to plao^ Qustonis pacers on

board any Britishmerchant vessel in their ports. All such Cus1^>;ms'~offieers, shall have

access to all parts of the ship in which cargo is stowed. Tljtey sh^ll bp treated with

civility, and such reasonable accommodation shall be allowed.tp them as the sjiip affords.

' 2.—The hatches' hfid all other places of entrance into that part of the ship where-

cargo is stowed may be seCffbed'by the Korean Customs officers between the hours of

--unset 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

tbai has been so secured,, or break any seal, lock, or other fastening that has been

affixed by the Korean Customs officers, not only the person so offending, but the master

of the ship, also, shall be liable to a penalty not exceeding One Hundred Mexican

Dollars.

3—Any British subject who ships, or attempts to ship, or discharges, or attempts

to discharge, goods which have not been duly entered at the Custom-house in the

manner above provided, or packages containing goods different from those described

in the import or export permit application, or prohibited goods, shall forfeit twice

the value of such' goods, and the goods shall be confiscated.

4. —Any person signing a false declaration or certificate with t

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

specially attached therein, may be punished by a fine not exceeding One Hundred

Mexican Dollars.

Note.—All docu ments rea uired by these Regulations, and all other communication &

addressed to the Korean Custcims authorities, may be written in the English language.

[l.s.] Harpy S. Parses.

Mrx Yong-wok.

TREATIES WITH JAPAN

GREAT BRIT AO

TREATY OE COMMERCE AND NAVIGATION BETWEEN

GREAT BRITAIN AND JAPAN

Signed at London, 16th July, 1894

Hatifications Exchanged at Tokyo, 25th August, 1894

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

Empress of India, and His Majesty the Emperor of Japan, being equally desirous

of maintaihihg the relations of good understanding tvhich happily exist between

them, by extending and increasing the intercourse between their respective States,

and being convinced that this object cannot better'be acccimplished than by revising

-the Treaties hitherto existing between the two countries, have resolved to complete

such a revision, based upon principles of equity aiid mutual benefit, aiid, 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

Siatq for Foreign Affairs j

And His Majesty the Emperor of Japan, Viscount Aoki, Sinzd, Junii, First Class

of the Imperial Order of the Sacred Treasure, His Majesty?a Envoy Extraordinary

and Minister Plenipotentiary at the Court .of St. James ;

Who, after having, conimiunicated 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 elijoy 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, ofitheir rights; they shall be at liberty equally with native subjects to

choose and employ lawyers, advocates, and representatives to pursue and; defend

their rights before such Courts, and in all other matters connected with the

administration of justice they shall enjoy all the, rights and privileges enjoyed by

native subjects.

In whatever relates to rights of residence and travel; to the possession of goods

and effects of any kind; to the succession to personal estate, by will or otherwise,;

and the disposal of property of any sort in any manner whatsoever which they may

lawfully acquire, the subjects of each contracting party shall enjoV 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, land, subject to the Laws, Ordinances, and EegulatiOns, shall

enjoy the right of private or public exercise of their worship, and also the right of

burying their respective countrymen, according to their religious1 custonis, in such

suitable and convenient places as inay be established and maintained for that purpose.

They shall not be compelled, under any pretext whatsoever, to pay any charges

or taxes other or higher than those that are, Or may be,1 paid by native subjects, or

subjects or citizens of most favoured nation. ■

20 TREATY BETWEEN Gj?EAT BRITAIN AND JAPAN

Article II.—The subjects of either of the contracting parties residing in the-

d( minions and possessions of the other shall be exempted from all compulsory

military service whatsoever, wliQther ,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 111.—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 ocqupy 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 pf 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 Grovernment, public functionaries, private individuals, corporations, or establish-

ments of any kind, other or greater than those paid by native subjects, or subjects

or citizens of the most favoured nation, subject always to the Laws, Ordinances, and

Regulations of each country.

Article IY. — The dwellings, manufactories, warehouses, and shops of the

subjects of each of the high contracting parties in the dominions and possessions

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 Y1I. —The subjects of each of the high contracting parties shall enjoy

TREATY BETWEEN GREAT BRITAIN AND JAPAN 2t

in the dominions and possessions of the other exemptions from all transit duties

and a perfect equality of treatment with native subjects in all that relates to

warehousing, bounties, facilities, and drawbacks.

Article VIII.—All articles which are or may be legally imported into the ports

of the dominions and possessions of His Majesty the Emperor of Japan in Japanese

vessels may likewise be imported into those ports in British vessels, without being

liable to any other or higher duties or charges of whatever denomination than if such

articles were imported in Japanese vessels; and; reciprocally, all articles which are or

may be legally imported into the ports of the dominions and possessions of Her

Britannic Majesty in British vessels may likewise be imported into those ports in

Japanese vesssels, without being liable to any other or higher duties or charges of

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 Avhich is or may be legally exported

therefrom, whether such exportation shall take place in Japanese or in British

vessels, and whatever may be the place of destination, whether a port of either or

the contracting parties or of any third Power.

Article IX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine,

or other similar or corresponding duties of whatever nature or under whatever

denomination, levied in the name or for the profits of the Government, public

functionaries, private individuals, corporations, or establishments of any kind, shall

be imposed in the ports of the dominions and possessions of either country upon the

vessels of the other country which shall not equally and under the same conditions

be imposed in the like cases On national ■ vessels in general, or vessels of the most

favoured nation. Such equality of treatment shall apply reciprocally to the

respective vessels, from whatever port or place they may arrive, and whatever may

be their place of destination.

Article X.—In all that regards the stationing, loading, and unloading of vessels

in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and

possessions of the two countries, no privilege shall be granted to national vessels

which shall not be equally granted to vessels of the other country; the intention of

the high contracting parties being that in this respect also the respective vessels

shall be treated on the footing of perfect equality.

Article XI.—The coasting trade of both the high contracting parties is

excepted from the provisions of the present Treaty, and shall be regulated according

to the Laws, Ordinances, and Regulations of Japan and of Great Britain respec-

tively. It is, however, understood that Japanese subjects in the dominions and

possessions of Her Britannic Majesty and British subjects in the dominions and

possessions of His Majesty the Emperor of Japan shall enjoy in this respect the

rights which are or may be granted under such Laws, Ordinances, and Regulations

to the subjects or citizens of any other country.

A Japanese vessel laden in a foreign country with cargo destined for t vo or

more ports in the dominions and possessions of Her Britannic Majesty and a British

vessel laden in a foreign country with cargo destined for two or more ports in the

dominions and possessions of His Majesty the Emperor of Japan may discharge a

portion of her cargo at one port, and continue her voyage to the other port or ports

of destination where foreign trade is permitted, for the purpose of landing the

remainder of her original cargo ■ there, subject always to the Laws and Custom-

house Regulations of the two countries.

The Japanese Government, however, agrees to allow British vessels to continue,

as heretofore, for the period of the duration of the present Treaty, to carry cargo

between the existing open ports of the Empire, excepting to or from the ports, of

Osaka, Niigata, and Ebisu-minato.

22 TREATY BET’WEEN GREAT BRITAIN AND JAPAN

Article XII.—-Any sliiy 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 payablet 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

sbdi-e in Hie territorial waters of Her Britannic Majesty shall take place in accordance

with the Laws, Ordinauces, 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 strandedi 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, it 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.

i 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, oh 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. >

TRE;ATY BETWEEN GREAT BRITAIN AND; JAPAN 23:

. Article XVI>r—rEach of the high contracting parties may appoint Cohsuls-

Generalj Consuls, Yice-Consuls, Pro-Consuls, and Consular Agents in all? the ports;

cities, and places of the other,! except in those where it may not be convenient to

recognize such officers.

This exception, howfever, shall riot be made in feghrd to one ; of the ContraOtirig

parties without being;made likewise in regard to every oth^r Power.

The.Consuls-General, Consuls, Vice-Consuls, PraiConouls, and Consular Agents

may exercise all functions^ and shall enjoy all privileges:iexemptions, and imtalUnitieri

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 Settleinents 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 authori ties 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, arid rio 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 biffialf

notice to that effect shall have been given to the Japanese Government by Her

Britannic Majesty’s Representative at Tokyo within two years from tlie date of the

exchange of ratifications of the present Treaty.

Great * Owing to France

serious and

Britain,regard difference

Germanyof opinion

of the which

other arose between Japan

part regarding of the one part an*^

the interpretation

clause with

Governments of do leases

Germany, held in perpetuity, an Arbitration Tribunal

1 France and Great Britain name l as Arbitrate"M. Louis Renault,

was appointed.of this

The.

Professor

Affairs, of Law

and Japan in the University of

named as ofArbitrator Paris and Legal

His Excellency Adviser

Itchiro to the

Motono, Department

EnvoyDoctor of Foreign

Extraordinary

andGregers

M. Minister Plenipotentiary

Gram, formerly His Majesty

Norwegian the Emperor

Minister ofMay ofwasJapan,

State,22hd, at by,

Paris,

ejiosen.decided of Lav.

thebyArbitrators

Umpire.

votes and The

declaredTribunal

that: sat'at

“The The Hague,

provisions ofand

the on

Treaties ahd 1905,

other engagements majority asinof

amentioned

the Protocols

granted by or ofonArbitration

behalf of theexempt not onlyofthe

Government landbutheldtheyin exempt

Japan, virtue ofthethelandleases

and inbuildings

.perpetuityof

every description ccinstructed or which may hereafter be,constructed onsuchland

taxes, charges, contributions or conditions whatsoever, other than those expressly stipulated. froma.il imposts,in,

the_ leases

t On in question.”

January 31st, Mr. Motono

1906, an recorded'his

agreement was entireindisagreement

signed Tokyo making witli'the

the decision:

Stipulations

this Treaty applicable to the Dominion of Canada.

24 TREATY BETWEEN GREAT BRITAIN AND JAPAN

Article XX.—The present Treaty shall, from the date it comes into force, be

substituted in place of the Conventions respectively of the 23rd day of the 8th

month of the 7th year of Kayai, corresponding to the 14th day of October, 1854,

and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to

the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th

year of Ansei, corresponding to the 26th day of August, 1858, and all Arrangements

and Agreements subsidiary thereto concluded or existing between the high con-

tracting parties; and from the same date such Conventions, Treaty, Arrangements

and Agreements shall cease to be binding, and, in consequence, the jurisdiction

then exercised by British Courts in Japan, and all the exceptional privileges, exemp-

tions, and immunities then enjoyed by British subjects, as a part of or appurtenant

to such jurisdiction, shall absolutely and without notice cease and determine, and

thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts.

Article XXI.—The present Treaty shall not take effect until at least five years

after its signature. It shall come into force one year after His Imperial Japanese

Majesty’s Government shall have given notice to Her Britannic Majesty’s Govern-

ment of its wish to have the same brought into operation. Such notice may be given

at any time after the expiration of four years from the date hereof. The Treaty shall

remain in force for the period of twelve years from the date it goes into operation.

Either high contracting party shall have the right, at any time after eleven

years shall have elapsed from the date this Treaty takes effect, to give notice to the

other of its intention to terminate the same, and at the expiration of twelve months

after such notice is given this Treaty shall wholly cease and determine.

Article XXII.—The present Treaty shall be ratified, and the ratifications thereof

shall he 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.

j Hone at London, in duplicate, this sixteenth day of the seventh month of the

twenty-seventh year of Meiji.

[ms.] 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 affy other indeceht or obscene articles ; articles in violation of patent, trade-mark,

or copy-right laws of Japan, or any other article which for sanitary reasons, or in

view of public security or morals, might offer any danger.

TREATY BETWEEN GREAT BRITAIN AND JAPAN 25

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 Grovernments 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. cf the Treaty of 1858 and Articles

Y. and XV. of the Treaty signed this day, respectively.

From the date the Tariffs aforesaid take effect, the Import tariff now in opera-

tion in Japan in respect of goods and merchandise imported into Japan by British

subjects shall cease to be binding.

In all other respects the stipulations of the existing Treaties and Conventions

shall be maintained unconditionally until the time when the Treaty of Commerce

and Navigation signed this day cdines 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, oh' the ‘production of a certificate of recornmendation from, the

British Representative in Tokyo, of from any of Her Majesty’s Consuls at the open

ports in Japan, to obtain upon application passports available for any paid 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 sail 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.

[n.s.] Kimberley. [l.s.] Aoki.

Til EAT r OF COMMERCE: ANTD NAVIGATION1 BETWEEN

GREAT 1UII TAIN AND JAPAN

Signed at London, 3kd April, 1911

Preamble

His Majesty the Emperor of Japan and His Majesty the King of the United

Kingdo n of Grreat . Britain and Ireland, and of the British Dominions beyond the

Seas, Emperot of India, being desirons to strengthen the relaltjons of amity and

good understanding which happily exist between them and between their subjects,

apd to facilitate, and extend the cotnmercial relations between their two countries,

have resolved to conclude a Treaty of, Commerce and Navigation toy t.hah:purpose,

and have named as their Plenipotentiaries, that is to say.

His Majesty the Emperor of Japan, His Excellency Monsieur Takaaki Kate,

■fusammi, First Class, bf the Order of the Sacred Treasure, His Imperial 'Majesty's

Ambassador Extraordinary and Plenipotentiary at the .Court' of St. 'damps’; and His

Majesty the King of the United Kingdorh of Grreat 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 tile following Articles:—

Art. 1.—The subjects of each of the high contracting parties, shall have full

liberty to enter, travel, and reside in the territories of the other, and, conforming

themselves to the laws of the country—

1. —Shall in all that relates to travel and residence be placed in

the same footing as native subjects.

2. —They shall have the right, equally with native subjects, t

commerce and manufacture, and to trade in all kinds of merchandise of lawful ,eom-

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 industri

fessions, and educational studies be placed in all respects on the same looting as the

Subjects or citizens of the most favoured nation.

4. —They shall be permitted to own or hire and occupy houses

warehouses, shops, and premises which may be necessary for them, and to lease

land for residential, commercial, industrial, and other lawful purposes, in the same

manner as native subjects.

5. —They shall, on condition of reciprocity, be at full liberty

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

stich laws. They ma’y dispose of the same bj^sale, bxchangb, gift, marriage,’ testa-

ment, or in any other manner, undftrthe same conditions which are or shall be estab-

lished with regard to native subjects. They shall also be permitted, on compliance

TREATY OF COMMERCE AND NAVIGATION 21

with the laws of the country, freely to export the proceeds of the sale of their pro-

perty and their1 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'cii'cumstances.

6. —They shall enjoy constant and complete protection an

j>ersons 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 ‘th'e administration

of justice.

7. —-They shall not be compelled to pay taxes, fees, charges,

any kind whatever other or higher than those which are or may be paid by native t

subjects or the subjects or citizens of the most favoured nation.

8. —And they shall enjoy a perfect equality of treatment wit

all that relates to facilities for Warehousing under bond, bounties, and drawbacks.

Art. II.—The subjects of each of the high 'contracting parties in the territories

of the other shall be exempted from all compulsory military services,'whether in the

armv, navy, national guard, or militia; from all contributions imposed ip. 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.

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 each of the high contracting parties in the territories of the other, and all pre-

mises appertaining thereto used for lawful purposes, shall be respected. It shall not

be allowable to proceed to make a domiciliary visit tb, or a search of,’ any such

buildings and premises,1 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-Gonsuls, and Consular Agents in all ports, cities, and. places, of the

other, except in those where it may not be convenient fo recognise such; officers-

This exception, however; shall not be made in regard, to .cme 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 tci which they are appointed, shall have the right to exercise their inactions,

and to enjoy the privileges, exemptions, and immunities which are or may be granted

to the Consular officers of the most favoured nation. The: ;GoverUment issuing ex-

equaturs or other authorisations has the right in its discretion to cancel the same bn

explaining the,reasons for vyhich it is thought proper tb do so;'

Art. V.—In case of the death of a subject of-one of the high' conti'acting

parties in the territories pf, the other, without leaving at tbe 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

stall, upon fulfilment of the necessary formalities, be empowered lo: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.

28 BETWEEN GREAT BRITAIN AND JAPAN

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 anv other foreign State shall be extended immediately and unconditionally

to the Consular officers of the other high contracting party.

Art. YI.—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 an!

cargoes to all places, ports, and livers 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 terntories 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.

Art. Vlir.—-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 inthe Schedule.

The articles, the produce or manufacture of Japan, enumerated in Part IJ. of

the Schedule annexed to this Treaty, shall be free of duty bn 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.

TREATY OP COMMERCE AND NAVIGATION 29

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 burd.msome 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 commeieiil travellers, make purchases or

collect orders, with or without samples, and sueb merchants, manufacturers, and

their commercial travellers, while so making parch ises 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-meutioned 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 prescril»ed 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 he considered as samples, or which; ow‘m

be identified upon re-exportation. The determination of the question of the qualifica-

tion of samples for duty-tree admission rests in all cases exchisively 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 ]'receding 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 mav be necessary to establish thar the samples produced are those

enumerated in the list. The Customs authorities of either country may, however,

affix a supplementary mark to such samples in special cases where they may thmk

this precaution necessary.

Art. XIV. —The Chambers of Commerce, as well as such other Trade Association,

and other recognised Commercial Associations in the ter; itories 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, on

privileges or facilities shall be granted by either party to national vessels which are

30 BETWEEN afiEAT BRITAIN AND JAPAN

not equally,In like cases, grapted 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; XYIII.—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, of

other analogous duties or charges of whatever nature, rQr 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 performapce 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 moat favoured nation.

Art. XXI.—The coastingtrade 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, hotvev&f, understood that the

subjects and vessels of either high contracting party shall enjoy in this respect

most favoured nation treatment in the territories of the other.

Japanese and British vessels may, nevertheless, proceed from one port .to an-

other, either lor the, purpose of , landing the whole or part qf their passengers or

cargoes brought from abroad v or qf taking on board the whole or part of their pas-

sengers or cargoe^ 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 hplding, through tickets or merchandise consigned on through, bills of;, lad-

ing to of from pi ade^ hot within the above-mqntibtied litnijs, and while engaged in

such carriage these Vessels j and their cargoes shall enjoy the full privileges of this ,

Treaty.

Art. XXII.—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 aqthorities

shall,‘withih the limits law, be: bound to give evefy asatitaihed ih theif poWer for

the recoVerV'of sfich 'ddseftef ■ on application to that effect being'inaddhq them by the

competent Consular officer of the country to which the ship of the deserter may belong,

accompaihied by ah assmtince that all expense connedted thefewith will be rejiaid.

It is understood that this stipulation shall hot apply fo the subjects of the

country where the desertion: takes place. ,

Aft. XXIII.—Ahyj vessel of either of the high dontfactihg parties which may be

compelled; by stress of vdeathef or by accident,' to take shelter in a port of the pther

shall be at liberty to fefit'therein, to procure all necessary stores, and to put to sea

again, without pa ving ahy'(dties other than such as would bP payable in the like case

by a national vessel. In case,' however, the master of a inerdhaiit-vessel should be

under the necessity pf disposing of a part of his merchandise in order to defray the

expenses, he shall bp bpund to, conform to the Regulations and..Tariffs of the place to

which he may have jppme..

TREATY OE COMMERCE AND NAVIGATION

• If.atiy vdssfel of ‘oligiof tho high conti-acling parties should mn -agrottiid !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 merchahdise

, saved therefropi, including any which may have been cast into the sea, or the pro-

ceeds thereof, if sold, jis 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 op 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 expens* a

inCtirfed; in the preservation of the property, together with the salvage or other ex -

p 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: cbn-

sumpiion.

In the case .either nf pi "vessel being driven in by stress of weather, run aground,

or wrecked, .the respective Consular officers shall, if the owner or master’, or other

agent of the owner is not present, or is present and requires it, be authorised to

interpose in order to afford the necessary assistance to their fellow-countrymen.

| Art. XXIV.—The high contracting parties agree that in all that concerns com-

i; mefce, navigation, and industry, any favour, privilege, or immunity ivhieh either

; high contracting party has actually granted, or may hereafter grant, to the ships

subjects, or citizens of any other foreign State shall be extended immediately and

unconditionally to the ships or subjects of the other high contracting party, it

being their intention that the commerce, navigation, and industry of each country

shall be placed in all respects on the footing of the most favoured nation^ ; A

Art. XXV.—The stipulations of this Treaty do not apply to tariff concessions

granted by either of the high contracting parties to eontiguous^States solely to

facilitate frontier traffic within a limited zone on each side of the frontier, dr 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 kny sued

| 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 the1 present Treaty.

Art. XXVIL—The present Treaty shall be ratified, and the ratifications exchanged

at Tokyo as soon as possible. It shall enter into operation on the I7th July, 1911,

and remain in force until the 16th July, 1923. In case neither of the high con-

| t-racting parties shall have given notice to the other, twelve months before the ex-

,1 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

i 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.,

howpver, either of the high contracting parties shall have the. right to terminate it

separately at any time on giving twelve months’ notice to that effect. :

It is understood that the.stipulations of the present and of the preceding Article

teferiing to British Dominions, Colonies, Possessions, and Protectorates apply also

tO'the island of Cyprus

32 BETWEEN GREAT BRITAIN AND JAPAN

la witness whereof the respective Plenipotentiaries have signed the present

Treaty, and have affixed thereto the seal of their arms.

£>one at London in duplicate this 3rd day of April, 1911.

(Signed) Takaaki Kato [l s.]

„ E. Grey „

SCHEDULE

Part I.

No. in Japanese Description of Unit of

Statutory Tariff. Article. Weight.

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 3.3(>

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. Grav '•* 25.50

B. Other „ 30.00

7. Plain tissues, not otherwise provided for:

A. Gray:

Al. Weighing not more than 5 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

а. 19 threads or less ... 15.30

б. 27 „ „ 20.70

c. 35 „ „ ... ' ... 28.70

d. 43 „ „ 38.00

e. More than 43 threads ... ... ....... ... ... ... ... 51.30

A2. Weighing not more th in 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 thread's ... ... ... ... ... ... ... „ 18.70

A3. Weighing not more than 20 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 19 threads or lesfc:... ... ... ,, 6.70

b. 27 „ „ .. ... „ 8.30

c. 35 „ „ ... „ 10.50

d. 43 „ „ „ 13.50

e. More than 43 threads „ 14.70

TEE ATT OF COMMEKCE AND NAVIGATION 3S

Ho. in Japanese Description of Unit of ! f ^e.

Statutory Tariff A^tifcle; Weight. • P

A4>. Weighing not more than 30 kilogrammes per 100 square

metres, and having in a square 5 millimetres side in

warp and woof:

a. 19 threads or less ... ... ... ... „ 6.00*

b. 27 „ „ : 6.70

c. 35 „ „ i., } 8.00

d. 43 „ „ . ... ... .... ... „ 10.70

e. More than 34 threads ,, 13.30

A5 Other ... „ 9 30

B. Bleached simply ...The above duties on gray tissqe® plqs, 3 yen pef. 1Q0 kins

C. Other ... ,, „ 7 „

299. Other:

A. Gray:

Al. Weighing not more than 5-kilogrammes per 1GQ square .

metres,. andi .havipg ip, a squaT? of.,5 ipillimetres, side in > ;

warp and woof:

a. 19 threads or less w.. >100.kins 16.00

b. 27 „ ... . „ • 21.30

c. 35 „ „ ... .... ' 29.30

d. 43 „ ... ... : ..." . 39.30

e. More than 43 threads i"... ,, 53.30

A2. Weighing not more than 10 kilogrammes per l60 square, .

metres.*and having in a square of 5 millimetres side in

warp and wonf:

a. 19 threads or less ... ... 8.00

b. 27 „ „ „ 10.00

c. 35 „ „ 14.30

d. 43 ... ... „ .18.00

e. More than 43 threads .....1 ... ... ... .. ... „ 20.00

A3. Weighing not more than 20 kilogrammes per 100 square

metres, and having in a square, of 5 millimetres kide'in

warp and tvoofr'

a. 27 threads, or less, , ... .... ,.. ... .... 8.00

b. 35 „ ... ... ... .. ... ... ... ,, 11.30

c. 43 „ ' 3 415.00

d. More than 43 threads ’ „ 18.80

J.4. Weighing not more than 30 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

а. 27 threads or less 100 kins 7.30

б. 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

34 BETWEEN GREAT BRITAIN AND JAPAN

No. in Japanese Description of Unit of ?^e.

Statutory Tariff. Article. Weight. Ten^

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

if. Of wool and cotton :

c. Weighing not more than 500 grammes per square metre .., „ 30.00

d. Other 18.00

4(52.—Iron : —

1. In lumps, ingots, blooms, billets and slabs:

A. Pig iron ... „ 00.83

4. Plates and Sheets :

A. Not coated with metals:

A3. Other:

a. Not exceeding 0.7 millimetres in thickness „ 0.30

B. Coated with base metals:

If 1. Tinned (tinned iron sheets and tinned steel sheets) :

a. Ordinary „ 0.70

B2. Galvanised (corrugated or not) „ 1.20

Part II.

1. —Habutae or pure s;lk, not dyed or printed.

2. —Handkerchiefs or habutae or pure silk, not dyed or

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 bamb

7. —Mats and matting of rush.

8. —Lacquered wares, coated with Japanese lacquer (JTr

9. —Rape-seed oil.

10.—Cloisonne wares.

WASHINGTON CONFERENCE RESOLUTIONS

THE QUADRUPLE ALLIANCE

OFFICIAL TEXT

At the fourth plenary session of the Conference on Limitation of Armaments

held on December 10th, 1921, Senator Lodge made public the following draft of a

treaty and accompanying reservations:—

The United States of America, the British Empire, France and Japan, with

a view to tKe preservation of the general peace and the maintenance of their

rights in relation to their insular possessions and insular dominions in the

regions of the Pacific Ocean, have determined to conclude a treaty to this effect

and have appointed as their plenipotentiaries :—

The President of the United States

His Majesty the King of the United Kingdom of Great Britain and

Ireland, and of the British Dominions beyond the seas, Emperor of

India

And

For the Dominion of Canada

For the Commonwealth of Australia

For the Dominion of New Zealand

For India

The President of the French Kepublic——-

His Majesty the Emperor of Japan

Who, having communicated their full powers found in good and due form, have

agreed as follows

Aeticle I.—The high contracting parties agree as between themselves to

respect their rights in relation to their insular possessions and insular dominions in

the region of the Pacific Ocean. If there should develop between any of the

high contracting parties a controversy arising out of any Pacific question and

involving their said rights, which is not satisfactorily settled by diplomacy and is

likely to affect the harmonious accord now happily subsisting between them, they

shall invite the other high contracting parties to a joint conference to which the

whole subject will be referred for consideration and adjustment.

Article II.—If the said rights are threatened by the aggressive action of any

other Power, the high contracting parties shall communicate with one another

fully and frankly in order to arrive at an understanding as to the most efficient

measures to be jointly or separately taken to meet the particular situation.

Article III.—‘This Agreement shall remain in force for ten years from the

time it shall take effect, and after the expiration of said period it shall continue to

be in force subject to the right of any of the high contracting parties to terminate

it upon twelve months’ notice.

Article IY.—This Agreement shall be ratified as soon as possible in accord-

ance with the constitutional methods of the high contracting parties and shall

take effect on the deposit of ratifications, which shall take place at Washington,

and thereupon the Agreement between Great Britain and Japan which was con-

cluded at London on July 13th, 1911, shall terminate.

Reservations.—The signing of this Treaty is on the part of the United States

subject to (reservations affecting) the island of Yap and what are termed the

Mandate Islands in the Pacific Ocean, north of the Equator, the negotiations in

regard to which are almost concluded, and also the reservations with respect to

what are termed the Mandate Islands in the Pacific Ocean south of the Equator.

*o

36 WASHINGTON CONFERENCE RESOLUTIONS

tt should also be observed that the controversies to which the proposed Treaty refers

do not include questions which, according to the principles of international law,

lie exclusively within the domestic jurisdietipn Of the respective Powers.

In the course of his address, Senator Lodge stated : “ To put it in a few words

the Treaty provides that the four signatory Powers will agree between themselves

in regard to their insular possessions and dominions in the region of the Pacific,

and that if any controversy should arise, as .to such rights aU the high contracting

parties shall be invited'to a joint conference looking, to the adjustment of such

controversy. Thev agree to take similar action in the chse of aggression by any

other Power upon these insular possessions dr dominions; This Agreethent is to

remain in force for ten years, and, after ratification under tthe constitutional

methods of the high contracting parties, the existing agreement between Great

Britain and Japan, which was concluded at London on July 13, 1911, shall

terminate. Each signer is bound to respect the rights of the others, and before

taking action in any controversy to cOnsult with thbtn. There is no provision for

the use of force to carry out any of the terms of the Agreement, and no military or

naval stations lurk anywhere in the background hr1 under cover of these plain and

direct clauses. The surest way to prevent war is to remove the cause of war.

This is an attempt to remove the cause of war over a great area of the globe’s

surface by reliance upon the good faith and honest intentions of the nations which

signed this Treaty solving all differences through a process of diplomacy and joint

consideration and conciliation. : ^

TERRITORIAL AND ADMINISTRATIVE INTEGRITY OE CRINA

The Far Eastern Committee of the Conference unanimously adopted a resolu-

tion declaring in favour-of the territorial and administrative integrity Of China.

The resolution, which was drafted and-presented by Senator Root, was signed by

eight Powers, Chiba refraining from appending her signature as - being unfitting

in a document regarding herself.

Following-is the text of the resolution:—-“It is the firm intention of the

Powers attending the Conference, firstly, to respect the sovereignty, independence

and territorial and administrative integrity of China ; secondly, to provide the fullest,

unembarrassed opportunity for China to develop and tO maintain an effective and

stable Government; thirdly, to use their influence for the purpose of effectively

establishing and maintaining the principle of equal opportunity for commerce and

industry to all nations throughout Chinese territory; fourthly, to refrain from taking

advantage of present conditions in order to seek special rights ahd privileges

abridging the rights of subjects of friendly States, and also to refrain from

countenancing any action inimical to the. security of such States.”

The Far Eastern Committee passed a resolution, suggested by Sir Auckland

Geddes, under which the Powers attending the Conference declared their inten-

tion “ not to enter into any treaty; agreement, arrangement, or understanding with

one another, or individually or collectively with any Power or Powers, which

infringes or impairs the principles declared by the resolution adopted by the Com-

mittee on the 21st ult.” (i.e., Senator Root’s resolution declaring for the terri orial

and administrative integrity of China).

WASHINGTON.OQNFEEENC.E .BES^TJTIO^S 37

FOREIGN POST OFFICES IN CHINA

Representatives of the nine Powers sitting as a Committee on the Pacific and

Far Eastern questions adopted a resolution in favour of the relinquishment of

Toreign post-office privileges in China. All the Powers agreed upon January Ist,l 923,

As the date of relinquishment. - -

The text of the resolution is:— “ Recognising the justice of the desire expressed

by the Chinese Government to secure the abolition of foreign postal agencies in

China, save or except in leased territories Or otherwise specifically provided for by

freaty, it is resolved:

“I:—That the four Powers having such postal agencies agree to their

abandonment, subject to -the following conditions : Fifst,’ that rah efficient Chinese

postal service‘ be maintained - second; that'ah assurance be given by the Chinese

Government that they contemplate no change in tins present postal administration

as far as the status of the foreign Co-DirectOr-General is concerned.

‘MI :—To enable China and the, Potveia cohcefned to make the necessary

dispositions this arrangement shall cdine into fotce not later than (date blank).

Pending the complete withdrawal of foreign postal agencies the four Powers concerned

severally undertake to afford full facilities to the Chinese Customs authorities to

•examine all postal matter (except ordinary letters,'whet’her’registered op not, which

upon external examination appear to contain written matter) passing through with a

view to ascertaining whether they contain articles of dutiable contraband or other-

wise contravening the Customs regulations and laws of China.”

EXTRA-TERRITORIAL RIGHTS IN CHINA

A resolution was unanimously adopted by the Far Eastern Committee relative to

the Extra-Territorial Question, ft provides that the Powers concerned shall establish

a Commission, to which each shall appoint a member, to enquire into the present

practice of extra-territorial jurisdiction in China, and into the laws, the judicial system

and methods of judicial administration, with a view to reporting findings of fact, with

recommendations regarding the means to improve the existing conditions of adminis-

tration o‘f justice in China and to assist the efforts of the Chinese Government to

effect such legislation and judicial reforms as will warrant the Powers in relinquishing

progressively or otherwise their rights of extra-territoriality..

The Commission shall be constituted within three months after the adjournment

of the Conference, and be instructed to submit its report and recommendat ions within

a year after the Commission’s first meeting. Each of the Powers shall be deemed free

to accept or reject all or any portion of the recommendations, but in no case are any

•of the Powers to make acceptance directly or indirectly dependent on China’s granting

any special concession, favour, benefit, or immunity, whether political or economic,.

An additional resolution provides that non-signatory Powers having extra-terri-

torial rights in China may accede to the'resolution in regard to extra-territoriality

within three months after the adjournment of the Conference.

A further additional resolution expresses China’s satisfaction with the sympathy

-of the Powers in regard to the abolition of extra-terfitoriality, and declares China’s

intention to appoint a Chinese member of the E xtra-Territoriality Commission, it

being understood that China is free to accept or reject any or all of the recommenda-

tions of the Commission. China is prepared to co-operate in the work of the

-Commission and in every way to, facilitate the successful accomplishment of its task.

38 WASHINGTON CONFERENCE RESOLUTIONS

RADIO STATIONS IN CHINA

A report was submitted by the Sub-Committee on Drafting relating to radio'

stations for China which states that representatives of the nine Powers at the

Conference decided that all radio stations in China, whether maintained under the

provisions of the International Protocol of September, 1901, or, in fact maintained

on the grounds of any of the foreign Legations in China, shall be limited in use to

sending and receiving Clovernment messages and shall not receive or send commercial,

personal, or unofficial messages, including Press matter.

It is provided, however, that in case all other telegraphic communication is inter-

rupted, then, upon official notification, accompanied by proof of such interruption, to

the Chinese Ministry of Communications such stations may afford temporary facilities-

for messages excluded as before-mentioned until the Chinese Government notify the

termination of the interruption.

All radio stations on Chinese territory operated by foreign Governments’ sub-

jects under treaties or concessions shall limit the messages sent or received by the

terms of the treaty or concession under which the respective stations are maintained.

Any radio station maintained without .the authority of the Chinese Government shall

be transferred to China to be operated under the direction of the Chinese Ministry of

Communications, against compensation to the owners for the value of the installation,

as soon as the Ministry is prepared to operate the same effectively for general public

benefit. Should any question arise regarding radio stations in leased territories,

the South Manchuria railway zone, or the French Concession in Shanghai they

shall be regarded as matters for discussion between the Chinese Government and the

Governments concerned. Owners or managers of all foreign radio stations shall

confer with the Chinese Ministry of Communications for the purpose of seeking a

common arrangement to avoid interference in the use of wave lengths by wireless

stations in China, subject to such a general arrangement as may be made by the

International Conference convened for revision of the rules established by the

London International Radio Telegraph Convention of 1912.

TEXT OF THE NINE-POWER AGREEMENT

The following is the text of the two treaties regarding China *approved

on February 4th, 1922, by the Conference at Washington :—

The United States of America, Belgium, the British Empire, China, France,

Italy, Japan, the Netherlands and Portugal:

Desiring to adopt a policy designed to stabilize conditions in the Far East,

to safeguard the rights and interests of China, and to promote intercourse between

China and the other Powers upon the basis of equality of opportunity, have

resolved to conclude a Treaty, for that purpose and to that end have appointed

as their respective plenipotentiaries (Here follow the names of the plenipoten-

tiaries), who, having communicated to each other their full powers, found to be in

good and due form, have agreed as follows:—

Article I.

The contracting Powers, other than China, agree :

1. —To respect the sovereignty, the independence,

and administrative integrity of China.

2. —To provide the fullest and most unembarrassed

to develop and maintain for herself an effective and stable Government.

WASHINGTON CONFERENCE .RESOLUTIONS

3. —To use their influence for the purpose of effectually establ

•maintaining the principle of equal opportunity for the commerce and industry

of all nations throughout the territory of China.

4. —To refrain from taking advantage of conditions in China in or

; sspecial rights or privileges which would abridge the rights of subjects or citizens

of friendly States, and from countenancing action inimical to the security of such

States.

Article II.

The contracting Powers agree not to enter into any treaty, agreement,

arrangement or understanding, either with one another or individually or

collectively, with any Power or Powers, which would infringe or impair the

principles stated in Article I.

Article III.

With a view .to apply more effectually the principles of the open door or

equality of opportunity in China for the trade and industry of all nations, the

contracting Powers, other than China, agree they will not seek nor support

their respective nations in seeking :

(a) Any arrangement which might purport to establish in favour of their

interests any general superiority of rights with respect to commercial or economic

development in any designated region in China.

(b) Any such monopoly or preference as would deprive the nationals of any

i other Power of the right of undertaking any legitimate trade or industry in

China, or of participating with the Chinese Government or with any local authority

in any category of public enterprise, or which by reason of its scope, duration or

geographical extent is calculated to frustrate the practical application of the

principle of equal opportunity.

It is understood that the foregoing stipulations of this article are

not to be so construed as to prohibit the acquisition of such properties or rights as

may be necessary to the conduct of a particular commercial, industrial or financial

undertaking or to the encouragement of invention and research.

China undertakes to be guided by the principles stated in the foregoing

-stipulations of this article in dealing with applications for economic rights and

■privileges from Governments and nationals of ail foreign countries, whether parties

i to the present treaty or not.

Article IV.

The contracting Powers agree not to support any agreements by their respective

nationals with each other designed to create spheres of influence or to provide for

i;he enjoyment of mutually exclusive opportunities in designated parts of Chinese

territory.

Article V.

China agrees that throughout the whole of the railways in China she will not

i exercise or permit unfair discriminations of any kind. In particular there shall be

; no discrimination whatever, direct or indirect, in respect of charges or of facilities

| on the ground of the nationality of passengers or the countries from which or to

which they are proceeding, or the origin or ownership of goods or the country from

which or to which they are consigned, or the nationality or ownership of the ship or

; other means of conveying such passengers or goods before or after their transport

on the Chinese railways.

The contracting Powers, other than China, assume a corresponding obligation

in respect of any of the aforesaid railways over which they or their nationals are in a

position to exercise any control in virtue of any concession, special agreement or

; 'Otherwise.

40 WASHINGTON CONFERENCE RESOLUTIONS

■ ■ Article VI.

The contracting parties, other than China, agree fully £o respect China’s rights

as a neutrAl in time pf wai^th '-vvhieh Cliina is hot'a party; and China declares that

when she-is a hehtfal She will.observe the obligations of heutrality.

Article VII.

The contracting Powers agree that whenever a situation arises which, in the^

opinion of any one of thenl, involves the'application of the-stipulations of the present

treaty, and renders desirable dischssihri1 of Such application; there shall be full and

frank communication between the Contracting Powers concerned.

Article VIII.

Powers not signatory; to the present Treaty which jhawe governpients. recognised

by the signatory Powers, and which have treaty relations with Ch'iaa. shaH be invited

to adhere to the preseht Treaty. To ,this end the Glbvernuient of the .United States

will make the necessary communications td‘ non-signatory Powers.apd,wiU inform the

contracting Powers, of the replies received. Adherence by any Power shall' become

effective on receipt of notice thefebf by the Government of the United States.

Article IX.

The present treaty Shall’ be ratified by the contracting Powers in accordance-

with their respective constitutional methods, and Shall'takb effect on the date of the

deposit Of all the ratifications, Which shall take';plac'e at Washington as soon as

possible. The Government of the United’States will transmit to the other con-

tracting Po wers a certified Copy Of the'^wces verbal of the deposit of ratifications.

The present treaty, of which the English and French: texts are both authentic,

shall remain deposited in the archives of the Govethnien.t of the-Un^fftd States,: and

duly certified copies thereof shall, be transmitted by that; Gp^Rtninent to the other

contracting Powers.

In faith whereof the . above-named plenipotentiaries have signed the present

Treaty.

Done at the City of Washington, the sixth day of Febf'nary, one thousand

nine hundred and twenty-two. '

THE BOAPD OF BEFEKENCE

The following resolution was'adoptM as a supplement to the general Par

Eastern Treaty:

The United States of America, Belgium, the British Empire, China, France,

Italy, Japan, the Netherlands and Portugal”

, Desiring to, provide , R . pto,eedure fpy dealing with Questions that may arise in

connection with the execution of the provisions or Ar ticles III. and V^ of the Treaty

•to be signed at Washington pn.February 6th, 1922, with I'eferenqe to their general

policy, designed to stabilize conditions in the Far East, to safeguard the rights and

interests of Chijia, and to promote interest between China and, the othef Powers

upon the basis of equality pf opportunity;

. Eesolve, That there shall be established in China a Board of Beference to

which any questions arising in connection with the execution of fhe aforesaid articles

may be referred for investigation and report.

The special conference/ provided in Article II. of the treaty to be signed at

Washington on February 6th, 1922, with reference to the Chinese Customs Tariff

shall formulate for the approval of the Powers concerned a detailed plan for the

constitution of the Board.

WASHINGTON CONFERENCE RESOLUTIONS 41

TREATY ON THE CHINESE TARIFF

The treaty relative to the Chinese Tariff and cognate matters reads

The tJnited States of America,'Belgium, the British Empire, China, France,

Italy, Japan, the Netherlands and Portugal:

With a view to increasing the revenues of the Chinese Government have

resolved to conclude a treaty relating to the revision of the Chinese Customs Tariff

and cognate nratters, arid to that end have' appointed as their plenipotentiaries

(Here follows the names of the plenipotentiaries), who,haying communicated to each

other .their full powers, found to be in good and due form, have agreed as follow's,:—

Artioj.e I.

The representatives of the contracting Powers, having adopted, on the 4th day of

Fehruaryj 1922, in the City, of Washington, a resolution, which is appended as an

annex, to this article, with respect to the revision ofQhinese customs duties for the

purpose of making such duties equivalent to an effective 5. per cent., ad valorem, in

accordance with existing treaties concluded by China with other nations, the con-

tracting Powers hereby confirm the ■ said resolution and undertake to accept the

“tariff rates fixed as a result of such revision. The said tariff rates shall: become

•effective as soon as possible, but got earlier .than, two .months after publication

thereof.

' . . Annex ,

With a view!to’ providing additional fevehiiO tOimebt the heeds of the Chinese

•Government, the Powers represented at this Conference, namely, the United.States of

America, Belgium, the British Empire, China,'France; Italy, Japan, the Netherlands

and Portugal, agree:

That .the. Customs , schedule,!of, duties qn imports inti) Clffna, adopted, by the

Tariff Revision Coinniissioii ai Shanghai on Heqffmher. I9.th, l^S, shall forthwith be

revised so that'rates of duty shall be equivalent to 5 per cent, effective,.as provided

for in the several commercial treaties to which China is a party.

A Revision Commission shall meet at Shanghai at the earliest practicable date

to effect this revision forthwith and dh the general lines of the:last revision.

This Commission shall be composed of representatives of the Powers above

named and of representatives of any additional. Powers, having governments at

present recognized by the Powers represented at this Conference and who have

treaties with China providing for & tairiff on imports and exports-not to exceed 5

per cent. nd unZorem and who desire'to participate: therein,

The revision shall proceed

: 'as rapidly as' possible- with: a-view to its'completion

within four months from the date of theaflOptibn Of* this' resolution by the Con-

ference on the Limitafifcm ;of ArmanteiitS and BaCiffe and Far Eastern Questions.

The revised tariff shall become effective as soon as possible, but not earlier than

two months after its publication by, the Revision Commission.

The Government of the United States, as convener of the present Conference,, is

requested forthwith, to .communicate the terms of this (resolution to the Governments

of Powers not represented at this Conference but who participated in the revision; !of

1918 aforesaid. ■ /

Article II.

Immediate steps shall be takenithi-ough a special conference to prepare the way

for the speedy abolition of lilcin and for the fulfilment of the other conditions laid

down in Article VIII. of the treaty of September 5th, 1902, between Great Britain and

China; in Article IV. and .V. of the treaty of-Octqber;Bthj 19Q3,, between the United

-States anff, China; and in Article I. of the supplementary treaty of October 8th, 1903,

between Japan and China, with a view to levying the,, surtaxes provided for in these

Articles. ' • ,, - , • , ■

42 WASHINGTON CONFERENCE RESOLUTIONS

The special Conference shall be composed of representatives of the signatory

Powers, and of such other Powers as may desire to participate and may adhere to*

the present treaty, in accord with the provisions of Article YIIT., in sufficient time to-

allow their representatives to take part. It shall meet in China within three months

after the coming into force of the present treaty on a day and at a place to be

designated by the Chinese Government.

Article III.

The special conference provided for in Article II. shall consider the interim

provision to be applied prior to the abolition of likin and the fulfilment of the other

conditions laid down in the articles of the treaties mentioned in Article II.; and it

shall authorize the levying of a surtax on dutiable imports as from such date, for

such purposes and subject to such conditions as it may determine.

The surtax shall be at a uniform rate of 2| per centum ad valorem, provided

that in case of certain articles of luxury which, in the opinion of the special Conference,

can bear a greater increase without unduly impeding trade, the total surtax may bo

ncreased, but may not exceed 5 per centum ad valorem.

Article IY.

Following the immediate revision of the Customs schedule of duties on imports

into China mentioned in Article I., there shall be a further revision thereof, to take

effect at the expiration of four years following the completion of the aforesaid im-

mediate revision, in order to insure that the Customs duties shall correspond to the

ad valorem rates fixed by the special Conference provided in Article II.

Following this further revision there shall be for the same purpose periodical

revisions of the Customs schedule of duties of imports into China every seven years,

in lieu of the decennial revision authorized by existing treaties with China.

In order to prevent delay, any revision made in pursuance of this Article shall

be effected in accord with rules to be prescribed by the special Conference provided

for in Article II.

Article V.

In all matters relating to Customs duties there shall be effective equality of treat-

ment and of opportunity for all the contracting Powers.

Article VI.

The principle of uniformity in the rates of Customs duties levied at all the land

and maritime frontiers of China is hereby recognised. The special Conference

provided for in Article II. shall make arrangements to give practical effect to this

principle, and it is authorised to make equitable adjustments in those cases in which

a Customs privilege to be abolished was granted in return for some local economic

advantage.

In the meantime, any increase in the rates of Customs duties resulting from

tariff revision or any surtax hereafter imposed in pursuance of the present Treaty

shall be levied at a uniform rate ad valorem at all land and maritime frontiers of

China.

Article VII.

The charge for transit passes shall he at the rate of 2£ per centum ad valorem

until the arrangements provided for by Article II. come into force.

Article VIII.

Powers not signatory to the present Treaty, whose Governments are at present

recognised by the signatory Powers and whose present treaties with China provide

for a tariff on imports and exports not to exceed 5 per centum ad valorem, shall bo

invited to adhere to the present Treaty.

WASHINGTON CONFERENCE RESOLUTIONS 43

The Government of the United States undertakes to make the necessary com-

imunications for this purpose and to inform the Governments of the contracting

Powers of the replies received. Adherence by any Power shall become effective on

receipt of notice thereof by the Government of the United States.

Article IX.

The provisions of the present Treaty shall override all stipulations of treaties

between China and the respective contracting Powers which are inconsistent there-

with, other than stipulations according most-favoured-nation treatment.

Article X.

The present Treaty shall be ratified by the contracting Powers in accord with

their respective constitutional methods and shall take effect on the date of the

deposit of all the ratifications, which shall take place at Washington as soon as

possible. The Government of the United States will transmit to the contracting

Powers a certified copy of the proces verbal of the deposit of ratifications.

The present Treaty, of which the English and French texts are both authentic,

shall remain deposited in the archives of the Government of the United States, and

duly certified copies thereof shall be transmitted by that Government to the other

contracting Powers.

In faith whereof the above-named plenipotentiaries have signed the present

Treaty.

Done at the City of Washington the sixth day of February, one thousand nine

hundred and twenty-two.

GENERAL REGULATIONS UNDER WHICH BRITISH

TRADE IS TO BE CONDUCTED IN SIAM

Art. I.—The master of any Rnglish sKip coming' to Bangkok to trade must,,

either before or after entering the river, as; may be found convenient, report the

arrival of his vessel at the Custom-house at Paknam, together with the number of

his 6rew and guns, and the port from whence he CO'mhs.* Upon anchoring his Vessel

at Paknam, he will deliver into the custedy of the Custom-hOiise officers all his guns-

and ammunition; and a Custom-house officer will then be appointed to the vessel,

and will proceed in her to Bangkok.

Art. II.—A vessel passing Paknam without discharging her guns and ammuni-

tion as directed in the foregoing regulation will be. sent,back to; Paknam to comply

with its provisions, and will be fined Oight hundred ticals for having so disobeyed.

After delivery of her guns, and ammunition she will be permitted to return to

Bangkok to trade. ' ( ■ ■ ■ ■n

Art. III.—When a British vessel shall have cast anchor at Bangkok,f the master,

unless a Sunday should intervene,, will within four and twenty hours after, arrival

proceed to the British Consulate, and.deposit there his ship’s papers, bills of lading,

etc.,; jtogether with a true manifest-pf .his import cargo ; and. upon the Consuls

reporting these particulars to the- Custom-house permission to break bulk will at onCe

be given by tbe latter.

For neglecting'So'to report his arrival or fof preOefitirr^ a‘ false manifest, the

master will subject himself, in each instance, to a penalty of four hundred ticals-; but

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

Consul, any mistake he may discover in his manifest, without incurring the above-

mentioned penalty.

Art. IV.—A British vessel breaking bulk, and commencing to discharge, before

due permission shall be obtained, or smuggling, either when in the river or outside

the bar, shall be subject to the penalty of eight hundred ticals and confiscation of

the goods so smuggled or discharged.

Art. V.—As soon as a British vessel shall have discharged her cargo and

completed her outward lading, paid all her duties and delivered a. true manifest of

her outward cargo to the British Consul, a Siamese port-clearance shall be granted

her on application from the Consul, who in the absence of any legal impediment to

her departure, will then return to the master his ship’s papers, a.nd allow the vessel

to leave. A Custom-house officer will accompany the vessel to Paknam; and on

arriving there she will be inspected by the Custom-house officers of that station, and

will receive from them the guns and ammunition previously delivered into their

charge. The above regulations, numbered from 1 to 5,. are obligatory under the

Treaty concluded between Great Britain and Siam; those which follow, numbered

from 6 to 14, are equally to he observed by masters of British vessels and their crews.

Art. VI.—Masters of British vessels, when reporting their arrival at Her Majesty’s

Consulate at the port of Bangkok, as directed by the fourth regulation above quoted,

shall notify in writing the names of all passengers and persons not forming part of

tbe registered crew.

Notice must likewise be given of the number and names of persons, who, as

passengers or in any other capacity (seamen borne on the muster-roll excepted), in-

tend to leave Siam in a British vessel.

Art. VII.—Seamen, lascars, and others belonging to Britisli vessels in the port

are strictly prohibited to wear side knives and other weapons while on shore.

Art. VIII.—Should any seaman or apprentice absent himself without leave, the

master will report his absence, if such exceeds twenty-four hours, at the Consulate-

offices.

Art. IX.—Any British subject who entices a seaman or apprentice to desert,

incurs, according to the Merchant Shipping Act, 1854, paragraph 257, a penalty not

TARIFF OF DUTIES—SIAM 4 5'

exceeding ten pounds; or any such subject who wilfully harbours or secretes a person

deserted from his ship incurs ai penalty hot exceeding twenty pounds, if it he proved

that he had knowledge of his being a deserter.

In default of the payment of such fines, the offender is to be imprisoned in'the

Consular gaol for any term not exceeding three months, with or without hard labour.

Art. X.—All cases of death, and especially of sudden death, occurring oh board

of British vessels in the port of Bangkok must be immediately‘hhpprted at. .the

Consulate.

Art. XL—The discharge of guns from vessels anchored in the port of Bangkok,

without notice having1 been previously given, and permission obtained through H.M.

Consul from the proper Siamese authority, is forbidden, under a penalty not exceed-

ing ten pounds.

Art. XII.—It is' strictly prohibited to shoot birds within the precincts of the

Wats or Tenthles, either in Bangkok or elsewhere within the Siamese dominions, of to

injure or damage any of the statues or figures, the trees or shrubs in such localities of

Siamese worship; any British subject or seaman of a British vessel guilty of egchauact

renders himself liable do a penalty not exceeding .twenty pounds, or. in default .thereof

to an imprisonment in the Consular gaol for a period of not more; than one iuonth.

Art. XIII.—When a vessel Under the British flag is ready to leave the port of-

Bangkok, the master will give' notice at the Consulate office, and hoist a blue peter

twenty-four hours before departure, which is to fly until she breaks anchorage.

Art. XIY.—Should any vessel take in or dischargeoargO s-q.bsequenf;.to;the issue

of the Siamese port clearance, as directed by the fifth regulation above quoted,, the

master, as in a ease of smuggling, subjects himself to a penalty Of 800 ticals; (equal

to .£100), and goods so taken or discharged will be liable to confiscation.

Art. XV.—Every fine or penalty levied under these regulations is (if not paid

in sterling money) at the rate of eight ticals.Siamese currency for one pound.

Tariff of Export and Inland Duties?.,to. be levied on Articles of Trade

I.—The Undermentioned Articles shall he entirely free from Inlahd dr Other

taxes, on production of transit pass, and; shall pay Export Duty as follows:— • !

Ticai,' iUt.u no FuajsU , 0 .per picul

Gamboge

Rhinoceros’ horns

Cardamons,:1 best

Cardamons, bastard

Dried mussels

Pelicans’ quills

Betel nut,wood..

Krachi dried

Sharks’

Sharks’ fins,

fins, white

black

bukkrabantails

Peacocks’ seed ,1 30 perper100pictdtails..

Buffalo and

Rhinoceros’ cow

hidesbones

Hide

Turtlecuttings

shell

Soft ditto

Beche-de-m«r

Fish

Birds’maws

nests,feathers

uhcjfaned 20 per cent.

Kingfishers’

Beyche

Pungtaraise.ed (Xux

seed Vorrsica^ . .

Gum

angraiBenjamin

bark

Agilla wopd.

Ray skins horns

Old

Soft,deers’

or young ditto }...

46 TARIFF OF DUTIES—SIAM.

Tical Salting Fuanq Htjn 0 per 100 hides

333234 Deer

Deer hides,

Deer hides, fine

sinews common .., 00 per picul

363735 Tigers’

Buffalo andbones

Elephants’ cow hides

Buffalo bones

394038 Elephants’ hornshides 0 per skin

4142 Tigers’

Armadillo

Sticklao

skinskins 30 per„picul

444543 Dried

Hemp

Dried Fish,

Fish, Plusalit

Plaheng ......

474648 Sapanwood

ISalt meat

Mangrove bark

0 0 per koyan

II. —The undermentioned Articles being subject to the I

herein named, and which shall hot be increased, Tical shall be exempt from export duty:—

5253 Sugar, „ White

Red 0 0 Salon 21 Fuang Hun 0 per picul

555466 Cotton,

Paper

Salt

clean and uncleaned.

fish. Plat ...

101 percent.0

1 twelfth0

5758 DriedBeans Prawns

and Peas one 0 p. 1,000 fi

5960 Tilseed „„

6162 Bees’Silk, raw

wax one „fifteenth

Tawool 1 00 0 0 per picul

6463 Tobacco

Salt 61 2 00 00 p.per

1,000koyan

bdles.

III. —All goods or produce unenumerated in this Tarif

Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding

the rate now paid.

TREATY BETWEEN GREAT BRITAIN AND SIAM

Signed at Bangkok, March 10th, 1909

Ratifications Exchanged at London, July 9th, 1909

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

of the British Dominions beyond the Seas, Emperor of India, and His Majesty the

King of Siam, being desirous of settling various questions which have arisen affect-

ing their respective dominions, have decided to conclude a Treaty, and have appointed

for this purpose as their Plenipotentiaries:

His Majesty the King of Great Britain, Ralph Paget, Esq., his Envoy Extra-

ordinary and Minister Plenipotentiary, etc.; His Majesty the King of Siam, His

Royal Highness Prince Devawongse Yaroprakar, Minister for Foreign Affairs, etc.;

who, after having communicated to each other their respective full powers, and

found them to be in good and due form, have agreed upon and concluded the follow-

ing Articles:—

Art. I.—The Siamese Government transfers to the British Government all

rights of suzerainty, protection, administration, and control whatsoever which they

possess oyer the States of Kelantan, Trengganu, Kedah, Perlis, and adjacent islands.

The frontiers of these territories are defined by the Boundary Protocol annexed hereto.

TKEATY BETWEEN GEEAT BRITAIN AND SIAM 4f

Art. II.—The transfer provided for in the preceding Article shall take place

within thirty days after the ratification of this Treaty.

Art. III.—A mixed Commission, composed of Siamese and British officers, shall

be appointed within six months after the date of ratification of this Treaty, and shall

be charged with the delimitation or the new frontier. The work of the Commission

shall be commenced as soon as the season permits, and shall he carried out m

aceordance with the Boundary Protocol annexed hereto.

Subjects of His Majesty the King of Siam residing within the territory de-

scribed in Article I. who desire to preserve their Siamese nationality will, during the

period of six months after the ratification of the present Treaty, be allowed to do so

if they become domiciled in the Siamese dominions. His Britannic Majesty’s

Government undertake that they shall be at liberty to retain their immovable

property within the territory described in Article I.

It is understood that in accordance with the usual custom where a change of

suzerainty takes place any Concessions within the territories described in Article I.

hereof to individuals or companies, granted by or with the approval of the Siamese

Government, and recognized by them as still in force on the date of the signature of

the Treaty, will be recognized by the Government of His Britannic Majesty.

Art. IV.—His Britannic Majesty’s Government undertake that the Government

of the Federated Malay States shall assume the indebtedness to the Siamese Govern-

ment of the territories described in Article I.

Art. V.—The jurisdiction of the Siamese International Courts, established by

Article VIII. of the Treaty of the 3rd September, 1883, shall, under the conditions

defined in the Jurisdiction Protocol annexed hereto, be extended to all British sub-

jects in Siam registered at the British Consulates before the date of the present Treaty.

This system shall come to an end and the jurisdiction of the International

Courts shall be transferred to the ordinary Siamese Courts after the promulgation

and the coming into force of the Siamese codes, namely, the Penal Code, the Civil

and Commercial Codes, the Codes of Procedure, and the Law for organization of

Courts.

All other British subjects in Siam shall be subject to the jurisdiction of the

ordinary Siamese Courts under the conditions defined in the Jurisdiction Protocol.

Art. VI.—British subjects shall enjoy throughout the whole extent of Siam the

rights and privileges enjoyed by the natives of the country, notably the right of

property, the right of residence and travel.

They and their property shall be subject to all taxes and services, but these

shall not be other or higher than the taxes and services which are or may be imposed

by law on Siamese subjects. It is particularly understood that the limitation in the

Agreement of the 20th September, 1900, by which the taxation of land shall not

exceed that on similar land in Lower Burmah, is hereby removed.

British subjects in Siam shall be exempt from all military service, either in the

army or navy, and from all forced loans or military exactions or contributions.

Art. VII.—The provisions of all Treaties, Agreements, and Conventions between

Great Britain and Siam, not modified by the present Treaty, remain in full force.

Art. VIII.—The present Treaty shall be ratified within four months from its date.

In witness whereof the respective Plenipotentiaries have signed the present

Treaty and affixed their seals.

Done at Bangkok, in duplicate, the 10th day of March, in the year 1909.

[Seal] (Signed) Ralph Paget.

„ „ Devawongse Varoprakar.

Annex 1

Boundary Protocol annexed to the Treaty

The frontiers between the territories of His Majesty the King of Siam and the

territory over which his suzerain rights have by the present Treaty been transferred

to His Majesty the King of Great Britain and Ireland are as follows:—

48 TREATY BETWEEN GREAT BRITAIN AND SIAM

Commencing from the most seaward point of the northern bank of the estuary

of the Perlis River and thence north to the range of hills which is the watershed

between the Perlis River on the one Side and the Pujoh River on the other; then

following the watershed formed by the said range of hills until it reaches the main

watershed or dividing line •between those rivers which flow into the Ghjlf of Siam on

the dhe side and into the Indian Ocean on the other; following this main watershed

so as to pass the sources of the Sungei Patani, Sungei Telubih, and Sungei Perak,

to a point which is the source of the Sungei Pergau; then leaving the main watershed

and going along the watershed separating the waters of the Sungei Pergau from

the Sungei Telubin, to the hill called Bukit .Jeli or the source of the main stream of

the Suugei G-olok. Thehfee the frontier follows the thalweg ai the mainstream of

the: Sungei Golok to the sea at a place called Kuala Tabar.

This line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei

Tanjung Mas and the valley on the left or west bank of the Golok to Siam and the

whole valley 6f the Perak River and the valley on the right or east bank of the

Golok to Great Britain. ,, . :

Subjects of each of the parties may navigate the whole.'of the waters of the

Sungei Golbk and its affluents. >

The island known as Pulo Langkawi, together with all the islets south of mid-

channel between Terutau and Langkawi and all the islands south of Langkawi shall

become British. Terutau and the islets to the. north ‘mid-channel shall remain

to Siam. : ' ;mrhiu'mjr . ii- .V

With regard to the islands close to the west coast; those, lying to the north of

the paralleL of Tatitnde where the most seaward point of the north bank of the

Perlis River touches the tea Shall remain to Siam, and those lying to the south of

that parallel shall become British,

All islands adjacent to the eastern States of Kedantan and Trengganu, south of

a pairallel of latitude drawn from the point where the SnhgeiGolok reaches the coast

at a'plaee called Kuala Tabar shall be transferred to Great Britain, and .all islands

to the north of that parallel shall remain to Siam.

A rdugh sketch of the boundary herein described is annexed herbto.

2. The abovei-described boundary shall be regarded as final, both by the Govern-

ments of His Britanuie Majesty and that of Siam, and they mutually undertake that,

•so far as the boundary effects any alteration of the existing; boundaries of any State

or province, no claim for compensation on the ground of any such alteration made

by any state or province -so affected shall be entertained or supported by either.

•3;. It shall be the'dUty of the Boundary Gommission, provided for in Article III

of the Treaty iof- this date, to determine and eventually mark out the?frontier above

described. ■ •

If during the operations of- delimitation it should appear desirable- to depart

:frOih the frontier as laid' down herein, such rectification shall, hot under any

circumstance be made'to the prejudice of the Siamese Government.-

In witness whereof the respective Plenipotentiaries have signed the present

Protocol and affixed their seals. ■

Done at Bangkok; in duplicate, the 10th day o f March, 1(009.

[Seal] ’(Signed) : Ralph Paget.

Devaw&.nIgsk Varoprakak.

Ajjnex 2

Protocol concerning the Jurisdiction applicable in the Kingdom of Siam to British

Subjects and annexed to the Treaty dated March 10, 1909.

Sec. 1.—International Cbhrts Shall' be established at Such places as may seem

desirable in the interests of the. gOod'Aduiinistration of justice ; the selection'of‘these

iplaces shall form the stibject of ah understanding between the British Minister at

Bangkok and the Siamese Minister'for Foreign Affairs.

TEEATY BETWEEN. GREAT BRITAIN AND SIAM 49

Sec. 2.—The jurisdiction of the International Courts shall extend—

1. In (jivil matters: To all civil and commercial matters to which British subjects

•shall be parties.:

2. In penal matters: To breaches of law of every kind, whether committed

by British subjects Or to their injury.

Sqc. 3.—The right of evocation in the International Courts shall be exercised

in accordance with the provisions of Article VIII.

1883.

The right of evocation shall cease, to be exercised in all matters coming within

the scope of codes or laws regularly promulgated as sobn as the text of such codes or

laws shall have been Communicated to the British Legation in Bangkok. There shall

be an Understanding between the Ministry for Foreign Affairs and the British

Legation at Bangkok for the disposal of cases pending at the time that the said

codes arid; laws are comrriunicat4d.

Sec, L—In all cases, whether in the International Courts or in the ordinary

Siamesg Courts in which a British subject is defendant or accused, a European legal

adviser; snafl sit in the Court of'.First Instance. 1

In eases in which a British born, pr naturalized subject not of Asiatic descent,

may be a party, a European; adviser, shalL sit. as a Judge in the Court of First

Instance, and where such British subject is defendant Or accused the; opinion of the

adviser shall prevail.

A British subject who is/ jn the .position,of defendant or accused in any case

arising , in the provinces may apply for a change of venue, and should the Court

•consider such change desirable the trial shall take place either at Bangkok or before

the Judge in whose Court the, case, would be tried at'Bangkok. . Notice of .any such

application shall be given to the Elritish, Consular officer.

Sec.; 5.—Article IX. of the Treaty of the 3rd.September, 1883, is repealed. ;

Appeals, against

be adjudgied by, the the decisipps

Siamese ;<>£ the,International

’Qourt, Courts .of First

.of, Appeal at Bangkok. NoticeInstance

of all shall

such

•appeals shall be,comniunicate.d fp His Britannic Majesty’s Consul, who shall have,

the right to. give. a ^written' opipjog, upon the,case to be annexed to therecord.

The judgment on an appeal from either the Internationai Courts or the .ordinary

Siamese Courts shall boar the signature of two Eriropean Judges.

. ,See. 6.—An appeal ou a question of law,shall he from the Court of Appeal, at

Bangkok totheiSupreme or.PikaiCoiUrty

Sec. 7.—-No plea of want of jurisdiction based on the'rules prescribed:by the

present, Treastyi shalLbe;advanced in any Court after a defence on the main issue has

'been offered.

Sec. 8.—In order to,,prevent; difficnlties which ipay arise in future from the

transfer of jurishfction-gont^mplated by the present Treaty and Protocol, it is agreed: —t

(h j AH .cases

ratificatipnof in which

this Treaty ghalLaction shall and

be entered be decided

taken subsequently, to tbe.date

in the competent of the

luterpational

or Siamese Cq.urt, whether the, cguse of.action arose: before or after.the date, of

ratification. .

, (b.) 'All casee pending, in Ifw Eritannic Majesty’s Courts in Siam oathe date of

the ratifi.cation of.this treaty, ^lall take their usual pourse in such Courts, and in any

Appeal Coimt until such cases have been finally disposed, of, and the jurisdiction, of

His Brifannie Majesty’s, Courts shah remain in. fuli force for , this purpose, . . ,

, The execution, ofjthe;judgment gendered in any such pending case shall be carried

out by the Interna,fiopal Courts, ,

In witness ^hereof, the respective .Plenipotentiaries have signed .the present

Protocol and affixed their, seals.;

Done at Bangkok^ in duplicate, the lOth Jay of March, 1909.

. [Seal] .(.Signed) Ralph Paget.

Devawongse Varoprakar.

TREATY BETWEEN GREAT BRITAIN AND SIAM

Annex 3

Mr. Puget to Prince Devawongse

M. le Ministre, March 10, 1909.

In view of the position of British possessions in the Malay Peninsula and of the

contiguity of the Siamese Malay provinces with British-protected territory, His

Majesty’s Government aye desirous of receiving an assurance that the Siamese-

Government will not permit any danger to arise to British interests through the use-

of any portion of the Siamese dominions in the peninsula for military or naval

purposes by foreign Powers.

His Majesty’s Government would therefore request that the Siamese Govern-

ment shall not cede or lease, directly or indirectly, to any foreign Government any

territory situated in the Malay Peninsula south of the southern boundary of the-

Monthon Rajaburi, or in any of the islands adjacent to the said territory; also that

within the limits above mentioned a right to establish or lease any coaling station, to-

build or own any construction or repairing docks, or to occupy exclusively any harbours,

the occupation of which would be likely to be prejudicial to British interests from a

strategic point of view, shall not be granted to any foreign Government or Company.

Since this assurance is desired as a matter of political expediency only, the

phrase “coaling station” would not be held to include such small deposits of coal as

may be required for the purposes of the ordinary shipping engaged in the Malay

Peninsula coasting trade.

Prince Devawongse to Mr. Paget

M. le Ministre, Foreign Office, Bangkok, March 10, 1909.

I have the honour to acknowledge receipt of your note of this date, in which

you express the desire of your Government that the Siamese Government shall not

cede or lease, directly or indirectly, to any foreign Government any territory situated

in the Malay Peninsula south of the southern boundary of the Monthon Rajaburi

or in any of the islands adjacent to the said territory; also that withiu the limits-

above-mentioned a right to establish or lease any coaling station, to build or own anjr

construction or repairing docks, or to occupy exclusively any harbours, the occupation

of which would be likely to be prejudicial to British interests from a strategic point

of view, shall not be granted to any foreign Government or company.

In reply, I beg to say that the Siamese Government gives its assurance to the

above effect, taking note that the phrase “coaling station” shall not include such

small deposits of coal as may be required for the purposes of the ordinary shipping-

engaged in the Malay Peninsula coasting trade.

(Signed) Devawongse Varoprakar.

Prince Devawongse to Mr. Paget

M. le Ministre, Foreign Office, Bangkok, March 10, 1909.

With reference to the provision contained in Article IY. of the Jurisdiction

Protocol to the effect that in all cases in which a British subject is defendant or

accused a European adviser shall sit in Court, I would express the hope, on behalf of

His Majesty’s Government, that His Britannic Majesty’s Government will be prepared

in due course to consider the question of a modification of or release from this

guarantee when it shall be no longer needed; and, moreover, that in any negotiations-

in connection with such a modification or release the matter may be treated upon its

merits alone, and not as a consideration for which some other return should be expected.

The Siamese Government appreciates that a Treaty like the one signed to-day

marks an advance in the administration of justice in the kingdom. The conclusion

of such a Treaty is in itself a sign of progress. It is the intention of the Siamese

Government to maintain the high standard in the administration of justice which it

has set before it, and towards which it has been working for some time.

In this connection I take pleasure in acknowledging the contribution which Mr..

J. Stewart Black has made to this work.

TREATY BETWEEN UNITED KINGDOM AND SIAM 51

I wish also to say that provision will be made for the treatment of European

prisoners according to the standard usual for such prisoners in Burmah and the

Straits Settlements.

(Signed) Devawongse Varopkakab.

Mr. Paget to Prince Devawongse

M. le Ministre, March 10, 1909.

With reference to the guarantee contained in the first paragraph of Article IV. of

the Jurisdiction Protocol, I have the honour to state that His Majesty’s Government

will be prepared in due course to consider the question of modification of or release

from this guarantee when it shall no longer be needed. His Majesty’s Government

are also willing that in any negotiations in connection with such a modification or

release the matter shall be treated upon its merits alone, and not as a consideration

for which some other return shall be expected.

His Majesty’s Government learn with much satisfaction that it is the intention

of the Siamese Government to maintain the high standard in the administration of

justice which it has set before it, and towards which it has been working for some

time; and I may assure your lioyal Highness that it will be the aim of His Majesty’s

Government in every manner to second the efforts of His Siamese Majesty’s Govern-

ment in this direction.

I wish also to say that the International Courts referred to in Section 1 of the

Protocol on Jurisdiction annexed to the Treaty signed to-day need not necessarily be

Courts specially organized for this purpose. Provincial (“Monthon”) Courts or

District (“ Muang”) Courts may constitute International Courts, according as British

subjects may be established in greater or less number within the jurisdiction of those

Courts. The fact that an ordinary Court is designated as an International Court will

have as a consequence the introduction into that ordinary Court of all the provisions

relating to International Courts secured by the Protocol on Jurisdiction.

(Signed) Ralph Paget.

AGREEMENT BETWEEN THE UNITED KINGDOM AND

SIAM RESPECTING THE RENDITION OE EUGITIYE

CRIMINALS BETWEEN THE STATE OE

NORTH BORNEO AND SIAM

Signed at Bangkok, September 18th, 1913

The Government of His Britannic Majesty and the Government of His Siamese

Majesty, being desirous of regulating the rendition of fugitive criminals between

the State of North Borneo under the protection of His Britannic Majesty and the

territories of His Majesty the King of Siam, hereby agree as follows:—

Art. I.—The provisions of the Extradition Treaty between His Britannic

Majesty and His Majesty the King of Siam, signed at Bangkok on the 4th day of

March, 1911, shall be deemed to apply, so far as local circumstances permit, to the

rendition of fugitive criminals between the territories of His Majesty the King of

Siam and the State of N orth Borneo.

Ai t. II.—In pursuance of the provisions of Article 3 of the said Extradition Treaty

there shall reciprocally be no obligation on the part of the State of North Borneo to

•surrender to Siam any person who is a subject of that State or a British subject.

Done in duplicate at Bangkok, the 18th day of September, in the year 1913 of

Christ, and in the year 2456 of Buddha.

[l.s.] Arthur Peel.

„ Devawongse Varoprakar.

GREAT BRITAIN AND ERANOE

DECLARATION SIGNED BY GREAT BRITAIN ANI>

FRANCE RESPECTING SPHERES OF INFLUENCE

Signed at London, 15th January, 1896

The undersigned, duly authorised by.their respective Governments, have signed

the following Declaration :—<-<

I.—The Governments of Great Britain and France engage to one another that,

neither of them will, without the consent of the other, in any case, or under any

pretext, advahce tlieir armed forces into the region which is comprised iii the basin &

of the Petcha Bouri, Meiklong, Menani, and Bang Pa Kong. (Petriou) rivers .and

their respective tributaries, together with the extent of coast , from Muong Bang

'J apan to Muopg, Paae, the basins of the rivers pn which ■’those two plabes are-

situated, and the basins of the other rivers, the estuaries of which are included in

that coast; and including also the:' tppritory lying, to the north of the basin of tlre-

Menam and situated between the Anglo-Siamese frontier, the Mekong River, and

the Eastern watershed, of the Me .Ing. .They further engagenot toAcquire within

this region any, special privilege or advantage which vshall not be enjoyed in common

by, or equally open to. Great Britain and Prance and their nationals arid^dependents.

These stipulations, hriwever, shall hot be interpreted as derogating from the special

clauses which, in virtue of the Treaty concluded on Oct. 3, 1893, between France

and Siam, apply to g zone pf 25 kilom. on the right; bank of the Mekong and;to the;

navigation of that river.

it.—Wotting in the fdregdirig rilauie 'shrill hinder riny •aetfcfa- on whibK ithe

two Powers may Agree and whiah they shall think necessary in prder to uphold

the independence of the Kingdom of Siapa, But they. qugage not to enter into

any separate agreement permitting a third BoWrif'to lake any action from which

they are bound by the present declaration themselves to abstain.

III. —From the! mouth of the Nam Hu6k northwards a

frontier the thalweg of the Mekong'shall form the limit of the possessions or

spheres of influence'of Great Britain and; France. It is agreed that the nationals

and dependents of erichufthe two countries shall not exercise any jurisdiction or

authority within the possessions or Sphere of influence of the other.

The police of the islands in this part of the river, which are separated from

the British shore by a branch of the river, shall, so long as they are thus separated,

be entrusted to the French authorities. The; fishery shall be open to the

inhabitants of both banks.

IV. —The two Governments agree that all commercial and

advantages conceded in the two Chinese provinces of Yunnan arid Szeehuen either

to Great Britain or France, in virtue of their respective Conventions with China

of March 1, 1894, and June 20, 1895, and all privileges and advantages of any

nature which may in the future-be conceded in these two Chinese provinces, either

to Great Britain or Fran ;e,' shalli as ’ far as rests with them, be extended and

rendered common to both Powers and to their nationals and- dependents, and they

engage to use their influence rind good offices with the Chinese Government for

this purpose.

TREATY PORTS, PORTS OP CALL, AjStD PLACES OPEN

TO FOREIGN TRADE IN THE FAR EAST

[Note.—E.O. signifies “ effectively opened/’.]:! , '

l—crina ^

(a) Treaty ports and places opened by China to foreign trade :—

Aigun (Sino-Japanese Treaty, 19(35'; actually opened, June.^8, ,^907).

Amoy (Nanking), 1842.

Antung (United States’ Treaty, 1903; .actually opened. May 1, 1906.);

Canton (Nanking, 1842). 4 ■ i> ■ T ^i [

Changchun (Japanese Treaty,. 1965, E.O. January 14, 1007).

Changsha (Japanese Treaty of October. 8, 1903, E.O. July 1, 1904).

Chefoo (Yentai or Tangchow) (Tientsin, 185&, E.O. 1861). a

Chinan (Imperial Decree, 1904, .E.O. January 20, 1006),

Ching-wang-tao (Imperial Decree, 1898).

Chinkiang (Tientsin, 1858, E.O. 1861 >. .....

Choutsun (Imperial Decree, 1904, E.O. January 20, 1906).

Chungking (Additional Article, Peking, 18,90; Shimonosekx, 1895).

Dairen (Dalny) (by Japan, E.O. September 1, 1906). <

Fakumen (Japanese Treaty, 1905, E.O. September 10, 1906).

Feng Huang Cheng (Sino-Japanese Treaty, 1905; actually opened, June 28,1907).

Foochow (Nanking, 1842).

Hailar (Sino-Japanese Treaty, 1905; aet.uadly opened, Junei2.8,, 1907).. .

Hangchow (Shimonoseki, 1895). , /

Hankow (Tientsin, 1858, E.O. 1861). 5 . j,

Harbin (Japanese Treaty, 1905, E.O. January 14,.1907). , ..... y , ,

Hun Chun (Sino-Japanese Treaty, 1905 ; actually opened, Jjnie .28;, 1907j..

Ichang (Chefoo, 1876, E.O. 1877). .

Kiao-chau. , ■ , ,>•

Kirin (Japanese Treaty, 1905, E.O. January 14, 1907),

Kiukiang (Tientsin, 1858, E.O. 1861). b . ,,t ■? , . , ;•

Kiungchow (or Hoihow-in-Hainan),(Tientsin, 1858). . :

Kong Kune Market (Special Article, 1897, modifying Buj-.mahOonventio,n,1894).

Kongmoon (Shanghai Treaty, 1902),-; . , . ,T i .y-

Kowloon, port of entry for Canton. ;

Kuang-chouwan (leased to France). . . f!.{.;|

Lappa, port of entry for Canton. , i .; ; . .

Liao Yang (Sino-Japanese Treaty, i9()5;> actually pgeued; June 28», 1907).

Lungchow (French Treaty, 1886). ...... ;;i • • ,7, .... ; • .

Mandchourie (Manchuli) (Japanese Ti eaty. 1905, ;E.Q;. j^npary 14, 1907).

Mengtze (French Treaty, 1886).

Mukden (United States’ Treaty, 1903; actually opened,• June.l, 1906), .

Nanking (French Treaty, 1858, E.O. 1899)4 , ■ . p L-.Jtincd- h

Nanning (Note from Tsung-li Yameu.to Sir ,C. MacDonald of February 4, 1897,

supplementing Treaty of 1897 modifying Burnxah Cpnypntion of 1894, E.O.

January 1, 1907). - f., -

Newchwang (or Yingkow) (Tientsin, 1858*.E.O, 1 1661)-o

Ningpo (Nanking, 1842). j . : i - ,r

Ninguta (Sino-Japanese Treaty, 1905 ; actually opened, Tgue 28r, 1907.), 7

Pakhoi (or Pei-hai) (Chefoo, 1876,. E.O.. 1877).

Samshui (Special Article, 1897, modifying Burmah Convention, 1894).

a6 Hankow

Tangchowandia the port named

Kiakiang were in the Treaty,

selected, but Chefoo'With'

byArticle

arrangement is thethb'portChinese

actuallyGoverhhreiit/-in

opened.

November; I860, as ports to be opened

c Yingkow is the port of Newchwang. under X. of the Treaty, of Tiehtsin.

FOREIGN TRADE IN THE FAR EAST

Sanhsing (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).

Santuao (or Funing) (Imperial Decree, 1898).

Shanghai (Nankintr, 1842).

Shashi (Shimonoseki, 1895).

Sinminting (Japanese Treaty, 1905, E.O. October 10, 1906).

Soochovv (Shimonoseki, 1895).

Swatow (or Chao-Chow) Tientsin, 1858, E.O. 1860). a

Szemao (French Additional Convention, 1895).

Ta-tung-kou (Japanese Treaty, 1908).

Tengyueh (Momein) (Agreement of 1897, modifying Burmah Convention, 1894)

Tiehiing (Japanese Treaty, 1905, E.O. September 10, 1906).

Tientsin (Peking, I860).

Tsi-tsi-har (Japanese Treaty, 1905, E.O. January 14, 1907).

Tungchiangtzu (Japanese Treaty, 1905, E.O. September 10, 1906).

Weihaiwei.

Wei-hsien (Imperial Decree, 1904, E.O. January 20, 1906).

Wenchow (Chefoo, 1876, E.O. 1877).

Wuchow (Special Article, 1897, modifying Burmah Convention, 1894).

Wuhu (Chefoo, 1876, E.O. 1877).

Wusung (Imperial Decree, 1898).

Zochow (Imperial Decree, 1898).

Ports of call:—

(1.) On the Yang-tsze, for passengers and cargo—

Ho-kou (Chefoo Convention, 1876).

Luchikou (Chefoo Convention, 1876).

Nganking (Anking) (Chefoo Convention, 1876).

Tatung (Chefoo Convention, 1876).

Wu-Sueh (Chefoo Convention, 1876).

(2.) On the Yang-tsze, for passengers—

Hwangchow (Yang-tsze Regulations, 1898).

Hwang-tze-kang (Yang-tsze Regulations, 1898).

I-chang b (Yang-tsze Regulations, 1898).

Kiang-yin (Yang-tsze Regulations, 1898).

(3.) On the West River, for passenger and cargo—

Do-Sing c d (by Shanghai Treaty, 1902).

Komchuk (Burmah Convention, 1897).

Lo-ting-hau (by Shanghai Treaty, 1902). d

Pak-tau-hau (by Shanghai Treaty, 1902). d

Shiu-hing (Burmah Convention, 1897).

Takhing (Burmah Convention, 1897).

(4.) On the West River, for passengers—

Fung-chuen (Shanghai Treaty, 1902). d

How-lik (Shanghai Treaty, 1902). c d

Kau Kong (Shanghai Treaty, 1902). c d

Kulow (Shanghai Treaty, 1902). d

Luk Pu (Shanghai Treaty, 1902). c d

Luk To (Shanghai Treaty, 1902). c d

Mah-ning (Shanghai Treaty, 1902). c d

Wing-on (Shanghai Treaty, 1902). d

Yuet Sins: (Shanghai Treaty, 1902). c d

Yungki (Shanghai Treaty, 1902). c d

a,6 Not

Chao-Chow is the portwith

to beforconfounded namedIchansr,

in thetheTreaty.

Treaty

c Opened

•of Hisd Canton passenger

Majesty’sConsulate traffic

Consul-General in

priorJanuary, 1Q03, byofport,

to 20,ratification the Viceroy of Canton, at the suggestion

Treaty.

reported,

by Customs notification of March 1, 1904. June 1904, by telegram that all had been declared open

FOREIGN TRA.DE IN THE FA.R EAST 55-

II.—COEEA

Treaty ports:—

Chemulpo (opened 1880 under Japanese Treaty, 1876).

Chinnampo (opened October 1, 1897).

Chungchin (opened April 1, 1908).

I'usan (Japanese Treaty, 1876).

Kansan (May 1, 1899).

Masampo (May 1, 1899).

Mokpo (October J, 1897).

Seoul (Hanyang) (British Treaty, 1883).

Songchin (May 1, 1899).

Wonsan (or Gensan) (opened 1880 under Japanese Convention, 1879).

Ping-yang (held to be open by Agreement among foreign Representatives,

at Seoul, November, 1899).

Tang-wha-chin (opened 1883 under Japanese Convention, 1882).

Yongampo (date of opening not yet fixed).

Wiju (date of opening not yet fixed).

N.B.—At Yongampo and Wiju the Customs opened ofiices in July, 1906, and

foreign steamers call there without objection on the part of the authorities.

III.—SIAM

Article IY. of the Treaty of April 18, 1855, stipulates that: —

“British subjects are permitted to trade freely in all the seaports of Siam, but

may reside permanently only at Bangkok or within the limits assigned by this

Treaty.”

g At the port

1st December, 1907:—of Awomori the fol’owing additional goods may be imported from the

Tinplates, iron tubes, solder.

h At the port

the exception of Muroran

of those prohibitedall byarticles

Articlemay10 beof the

imported

Customs afterTariff

the Law.

1st December, 1907, with

i At the port of Wakamatsu the following goods may be imported:—

Freshunhuiled

Rice, eggs.

Iron

Pig ore. rice, barley, wheat, oats, Indian corn and beans.

iron.

Manure.

And from the 1st December, 1907:—

Coke, manganese ore, ferro-manganese, and spiegleisen.

j At the Port of Suminoye only the export of commodities is permitted.

h Opening notified by Decree of Formosan Government, dated August, 1899.

I The1907,

1st July, Portbyof Decree

Kakokoof(orFormosan

Hokkokei), opened with

Government, datedtheMay,

others1907,

in 1899, was closed from the

the port in the Pescadores, is the local Chinese name of the port in the

m The name in brackets in this case, as in the case of each of ports of Formosa and of

question.

THE FOREIGN JURISDICTION ACT, 1890

53 and 54 Victoria, Chapter 37,

An Act to Consolidate the Foreign Jurisdiction Acts

[4tli August, 1890]

Whereas ;by treaty, capitulation grant, usage, sufferance, and other

lawful means, Her Majesty the Queen has jurisdiction within divers

fGreiigu.countries, • and it is expedient to consolidate the Acts relating to

the exercise of Her Majesty’s jurisdiction out of Her dominions:

Be it therefore enacted by tlie Queen’s most Excellent Majesty, by

and with the advice and consent of the Lords Spiritual and Temporal,

and Commons, in this: present: Parliament assembled, and by the

authority of the same, as - follows :

Exercise of 1.—It is and shall be lawful for Her Majesty the Queen to hold,

ioreign^country. exercise, and enjoy any jurisdiction which Her Majesty now has or may

at any time hereafter hay@. within a foreign country in the same and as

ample a manner a,s if Her Majesty had acquired that jurisdiction by the

cession or conquest of territory. '

Exercise of 2.—Where a foreign country is not subject to any government’ from

iniUsh^subjects*

mcountries recited whom Her Majesty the Queen might obtain jurisdiction in the manner

n by this Act, Her Majesty shall by virtue of this Act have jurisdic-

goternments!^ ti° over Her Majesty’sandsubjects

ing to that country, for the timeshall

that jurisdiction beingberesident in or resort-

jurisdiction of Her

Majesty in a foreign country within the meaning of the other provisions

of this Act. •

Validity of acts 3.—Evej;y-sact.and. thing;done in pursuance of. any jurisdiction of Her

ance- of jurisdic- according

tion Majesty jn.ii

lo tbeforeign

locaMawcountry

theh inshall

forcebein'as,tbab

validcdlinfry.

as if it had been, done

Evidence as to 4.—(JA anj proceeding, eivil or eriminai, in a Court in Her

extcn

diction "of juris- Majesty’s arises

dominions ortheheld under ortheextent

authorityanyoilier Majesty,of Her

any

country.in foreign question

Majesty in a foreign as tocountry, existence

a Secretary of Stateof shall, jurisdiction

on the application

of the Court, send to the Court within a reasonable time his decision On

the question, apd \hi» idecision, shall for the purposes of .the i proceeding

be final. .

(2.) The Court shall send to the Secretary of State, in a document

under the seal'of the Court, 1 or signed by a Judge of the Court, questions

framed ' so as' pboperly to raise the question, and sufficient answers to

those questions shall be returned by the Secretary of StatO to the Cobrt,

and those answers'shall, on production thereof^ be dpncltisive evidence of

the matters therein contained.

rower t<> exteud 5.—(1.) It shall be lawful for Her Majesty the Queen in Council,

First "schedule. ^described

she thinks

in thefit, First

by Order to direct

Schedule to thisthatAct,alloror any

any enactments

of the enactments

for the

time being in force amending or substituted for the same, shall extend,

with or without any exceptions, adaptations, or modifications in the

Order mentioned, to any foreign country in which for the time being

Her Majesty has jurisdiction.

FOREIGN JURISDICTION ACT, 1890 57

(2.) Thereupon those enactments shall, to the 1 extent of, that

jurisdiction, operate as if that country were a British possession, and as

if Her Majesty in Council were the Legislature of that possession.

6. —(1.) Where a persoh is-charged With an offence Cogni

a British court in a foreign country, any person having Authority derived 5ritho#ence?'for

from Her Majesty in that behalf may, by warrant, cause the person so trial088es8,9t1 to a British

charged to be sent for trial to any British possession for the time being f '

appointed in that behalf by Order in Council, and upon the arrival of the

person so charged in that,British possession, such criminal couft of that

possession as is authorised in that behalf by Order in Council, or, if no

court is so authorised, the supreme criminal court of that possession may

cause him to be kept in safe and proper custody, and so. soon as> con-

veniently may be. may inquire of, try, and determine'tbe offenpe* and on

conviction punish the offender according to the laws in force in that

behalf within that possession in the same manner as :if the offence had

been committed within the.jurisdiction of that criminal court.

Provided that— •;/

(a,) A person so, charged may,, before being so Bent , fori trial,

tender for examination to a British , court in the foreign country

■where the offence is alleged to have been committed any

competent witness whose'eyidenqe he deems material; for his

defence and whom he alleges himself unable ta produce, at the

trial in the British possession, , . , ,,

(b.y In such case' the British court in the foreignc 'countryf shall

■proceed in the examination and pross-examinatlqn’of the witness

as though he had been tendered at a trial before that courf, and

shall cause the evidence so taken’to be,reduced into writing,

and. shall transmit to the criminal 'court of the Brit’isli possession

by which the person charged is to be tried a copy of the evidence,

certified as correct under the seal of the eburt before' W^ichfthe

evidence was taken, or the signature of a judge of that court •

(c.) Thereupon the court of the British possession bbfore wbicji the

trial takes place shall allow so much of the eridentW so'taken as

* would have been admissible according to'the law :;and practice

of That court, had the witness-been prbdueed Afid e±ainined‘at

the trial, to be read and received as legal evidehce at the trial:

(d.) The court of the British possession shall admit arLd give effect

<. to the law by Which the alleged offender would have been tried

by.the British court in the foreign country, in which his offence

is alleged to have been committed, as far as that law relates 4o

the criminality of the aot; alleged to have been cod ihitted, or

•the nature or degree of the offence, or the punishment1 thereof,

if the law differs in those respects from the law in force'in that

British possession.

(2.) Nothing in this section shall alter or repeal any laW, statute, or

usage by virtue of which any offence cointnitted out of Her Majesty’s

dominions may, irrespectively of this Act, be inquired of, tried, determined

and punished within Her Majesty’s dominions, or aby part thereof.

7. Where an offender co'nvicted before a British court in a foreign provision as to

country has been sentenced by that court to suffer death, penal servitude,

imprisonment, or any other punishment, the sentence shall bfe carried eonvictef.

into effect in such place as may be directed by Order in Council or be

determined in accordance with direction^ given by Order in Council, and

the conviction and sentence shall be of the same force in the place in

which the sentence is so carried into effect as if the conviction had been .

made and the sentence passed by a competent court in that place.

58 FQKEIGN JURISDICTION ACT, 1890

under Order British court in a Order

Validity

done

in Council.

of acts 8. Where, by in Council made in pursuance of this Act, any

foreign country is authorised to order the removal or

deportation of any person from that country, that removal or deportation,

and any detention for the purposes thereof, according to the provisions

of the Order in .Council, shall be as lawful as if the order, of the

court were to have effect wholly within that country.

Power to

jurisdiction to Order,9. toIt assign

assign

BritishCourtsio

shall be lawful for Her Majesty the Queen in Council, by

to or confer on any court in any British possession, or

held under the authority of Her Majesty, any jurisdiction, civil or criminal,

JurIXctir original or appellate, which may lawfully by Order in Council be assigned

to or conferred on any British court in any foreign country, and to

make such provisions and regulations as to Her Majesty in Council seem

meet respecting the exercise of the jurisdiction so assigned or conferred,

and respecting the enforcement and execution of the judgments, decrees,

orders, and sentences of any such court, and respecting appeals therefrom.

Power

Orders to

in amend 10. It shall be lawful for Her Majesty the Queen in Council to revoke

Council. or vary any Order in Council made in pursuance of this Act.

11. Every Order in Council made in pursuance of this Act shall be

and effectin of laid

Orders

before both Houses of Parliament forthwith after it is made, if

Parliament be then in session, and if not, forthwith after the commence-

'Council. ment of the then next session of Parliament, and shall have effect as if it

were enacted in this Act.

In what cases

Orders 12. —(1.) If any Order in C

Councilinvoid respects

repugnancy.

any foreign country is in any respect repugnant to the provisions

of any Act of Parliament extending to Her Majesty’s subjects in that

country, or repugnant to any order or regulation made under the authority

of any such Act of Parliament, or having in that country the force and

effect of any such Act, it shall be read subject to that Act, order, or

regulation, and shall, to the extent of such repugnancy, but not otherwise,

be void.

(2.) An Order in Council made in pursuance of this Act shall not be,

or be deemed to have been, void on the ground of repugnancy to the

law of England unless it is repugnant to the provisions; of some such

Act of Parliament, order, or regulation as aforesaid.

•Provisions for 13. —(1.) An action, suit,

protection

personsunderof person for any act done in pursuance or execution or intended

ForeignActs.Jurisdic- Order in Council made under this Act, or ofrepealed

acting

tion

execution of this Act, or of any enactment by this Act, or of any

any such jurisdiction of Her

Majesty as is mentioned in this Act, or in respect of any alleged neglect

or default in the execution of this Act, or of any such enactment, Order

in Council, or jurisdiction as aforesaid, shall not lie or be instituted:

(a.) in any court within Her Majesty’s dominions, unless it is

commenced within six months next after the act, neglect, or

default complained of, or in case of a continuance of injury or

damage within six months next after the ceasing thereof, or

where the cause of action arose out of Her Majesty’s dominions

within six months after the parties to the action, suit, prosecu-

tion, or proceeding have been within the jurisdiction of the

court in which the same is instituted ; nor

(b.) in any of Her Majesty’s courts without Her Majesty’s dominions

unless the cq.use of action arose within the jurisdiction of. that

court, and the action is commenced within six months next

after the act, neglect or default complained of, or, in case

of a continuance of injury, or damage, within six months next

after the ceasing thereof.

FOREIGN JURISDICTION ACT, 1890 59-

(2.)—In any such action, suit, or proceeding, tender of amends before

the same was commenced may be pleaded in lieu of or in addition to any

other plea. If the action, suit, or proceeding was commenced after such

tender, or is proceeded with after payment into court of any money in

satisfaction of the plaintiff’s claim, and the plaintiff does not recover

more than the sum tendered or paid, he shall not recover any costs

incurred after such tender or payment, and the defendant shall be entitled

to costs, to be taxed as between solicitor and client, as from the time of

such tender or payment; but this provision shall not affect costs on any

injunction in the action, suit, or proceeding.

14. —It shall be lawful for Her Majesty the Queen in Cou

mate any law that may seem meet for the government of Her Majesty’s ^fnEasternseis"

subjects being in any vessel at a distance of not more than one hundred a ernse'19‘

miles from the coast of China or of Japan, as fully and effectual as any

such law might be made by Her Majesty in Council for the Government

of Her Majesty’s subjects being in China or in Japan.

15. —Where any Order in Council made in pursuance f of t

extends to persons enjoying Her Majesty’s protection, that expression ^j?cuo nnoe9 Indian

shall include all subjects of the several Princes and States in India. '

16. —In this Act,—

The expression “ foreign country ” means any country or place out D fln.tions

of Her Majesty’s dominions:

The expression “British court in a foreign country” means any

British court having jurisdiction out of Her Majesty’s dominions

in pursuance of an Order in Council whether made under any

Act or otherwise:

The expression “ jurisdiction ” includes power.

17. —The Acts mentioned in the Second Schedule 8 to this A

be revoked or varied by Her Majesty by Order in Council. secou^sched ^

18. —The Acts mentioned in the Third Schedule to this

hereby repealed to the extent in the third column of that schedule

mentioned: Provided that,—

(1) Any Order in Council, commission, or instructions made or

issued in pursuance of any enactment repealed by this Act, shall,

if in force at the passing of this Act, continue in force, until

altered or revoked by Her Majesty as if made in pursuance of

this Act ; and shall, for the purposes of this Act, be deemed

to have been made or issued under and in pursuance of this

Act ; and

(2) Any enactment, Order in Council, or document referring to any

enactment repealed by this Act shall be construed to refer to

the corresponding enactment of this Act.

19. —(1.) This Act may be cited as the Foreign Jurisdicti

1890.

(2.) The Acts whereof the short titles are given in the First Schedule

to this Act may be cited by the respective short titles given in that

schedule.

60 foreign; jurisdiction act, ISOO

SCHEDULES

FIBST SCHEDULE (Sections S and 19)

Enactments which

andSession

Chapter. TITLiE may be extended

by Council.

Order in Short Title.

^

12 & 13 Yict. c. 96. Ansecution

Act to provide for the

Majesty’s and Trial

Colonies of in Pro-

Her |; The whole Act. Admiralty

Offences 1849.

Offences

(Colonial) Act,

committed

diction of thewithin the juris- j

Admiralty.

14 &15 Yict. c. 99. An■ evidence.

Act to amend the law .of ; Sections eleven; seven and Evidence Aft. 1851.

17 & 18 Viet. c. 104. The

;;An,1854, Merchant Shipping Act,

- :,for taking The whole Act. i Part X.

19 & 20 Viet. c. 113'. Act to provide Foreign

EvidenceTribunals

Act,

, evidence

Dominions

and

inin relation

commercial

Her Majesty’s

matters to civil

pend- j 1i

i 1856.

32 Viet. c. 20. ingActbefore Foreignfortribunals.

,Anevidence

ings

to inprovide

pending Suits

before

taking , The whole Act. Evidence

andTribunals

Proceed- |

by Com-

mission Act, 1859.

inin places

Hfef Majesty’s Dominions,

outtribunals.

of the jurisdic- j

12 & 23 Viet. c. 63. tion

Anthe oftosuch

Actmore afford Facilities for : The whole Act. British Law Ascer-

mentofthe certain Ascertain- tainment, Act,

one Part1 Law

inDominions, ofwhenadministered

Her Majesty’s

pleadedPartin j;

j

| 1859.

the. Courts, of another

thereof.

23 122.

& 24 Viet. e. Anturesof-Her

Act to enable the Legisla- !i The whole Act. Admiralty

^Colonial)Offences

Act,

sions Abroad Majesty’s

to make Posses-

Enact- , I860.

.rnents

ment siniilar to

of the Actchapter the Enact-

ninth, George

the Fourth, thirty- j

24 & 25 Viet. c. 11. -Anone,

the Actsection

to eight.facilities

afford

betterof Foreign

Ascertainment forof The whole Act. Foreign Law Ascer-

tainment Act,

the

when Law;

pleaded Countries

in Courts noth- 1' 1861.

30124.& 31 Viet. c. in Her Majesty’s Dominions.

The1867.Merchant Shipping Act, ' Section eleven.

37 & 38 Viet. c. 94. TheAct,Conveyancing

1874. Offenders (Scotland) ; Section fifty-one.

44 & 45 Viet. c.. 69. The1881.Fugitive Act, The whole Act.

48 & 49 Viet. c. 74. Th6Act,Evidence

1885. by Commission The whole Act.

FOREIGN JURISDICTION ACT, 1890 61

SECOND SCHEDULE (Section 17)

Acts which may he revoked or .varied' hy Order in Council

Session and Chapter. I Extent op Repeal.

4 & 25 Viet. c. 31. An Act for theconimitted

ofsubjects

offences preventionbyandHerpunishment

Majesty’s ji The whole Act.

within

centforto the' certain territories

colony of Sierra adja-

Leone. The whole Act.

26 & 27 Viet. c. 35, An Act thecommitted

of offences preventionbyandHerpunishment

Majesty’s

subjects in South Africa.

THIRD SCHEDULE (Section 18)

Enactments repealed

Title or Short Title. Extent of Repeal.

kfc 217 Viet.

Viet,

An Jurisdiction

to confirm an OrderAct, 1843. con-

in Council

cerning

matters arising within the kingdom inof

the exercise of jurisdiction

28 & 29 Viet. i. 116 TheAct,

Foreign Jurisdiction Act Amendment The whole Act.

29 & 30 Viet. j. 87 1865.Jurisdiction

The Foreign Act Amendment The whole Act.

33 & 34 Viet. TheAct,

Siam 1866.

and Straits

1870. Act, 1875. Juris-

Settlements The whole Act.

Thediction

An Foreign

Act

Act,Jurisdiction

for more effectually punishingto

offences

the slave against

trade. the laws relating

41 & 42 Viet. c. 67 The I’oreign Jurisdiction Act, 1878. The whole Act.

ORDERS IN COUNCIL

ORDER OF HIS MAJESTY THE KING IN COUNOID

FOR THE GOVERNMENT OF HIS MAJESTY’S

SUBJECTS IN CHINA AND COREA

At the Court at Buckingham Palace, the 24th day of October, 1904

Present :—

THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.

Lord President. Lord Windsor.

Mr. Secretary Brodrick. Mr. A. Graham Murray.

Whereas by Treaty, grant, usage, sufferance, and other lawful means,

His Majesty the King has jurisdiction within the dominions of the Emperor

of China and of the Emperor of Corea;

Now, therefore, His Majesty, by virtue and in exercise of the powers,

in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His

Majesty vested, is pleased by and with tbe advice of his Privy Council to

order, and it is hereby ordered, as follows:—

I.—Preliminary and General.

Division of

Order. 1. This Order is divided into parts, as follows:—

I. Preliminary and General 1-6

II. Constitution and Powers of Court! 7-34

III. Criminal Matters 35-88

IV. Civil Matters 89-117

V. Procedure, Criminal and Civil 118-128

VI. Mortgages and Bills of Sale... 129-150

VII. Foreign Subjects and Tribunals 151-154

VIII. Regulations 155-159

IX. Miscellaneous 160-171

Schedule of Repealed O rders.

Limits

Order. of 2. The limits of this Order are the dominions of the Emperor of

China and of the Emperor of Corea, including the territorial waters of

those dominions respectively; but, except as provided in this Order, the-

said limits do not include places within the limits of the Weihaiwei

Order in Council, 1901.

H.B.M. SUBJECTS IN CHINA AND COREA 63

3. In the construction of this Order the following words and expres- interpreta-

tion

tions have the meanings hereby assigned to them, unless there be some- -

-ihing in the subject or context repugnant thereto, that is to say:—

“Administration” means letters of• administration, including the

same with will annexed or granted for special or limited purposes

or limited in duration.

“ British ship ” means a merchant-ship being a British ship within

the meaning of the Merchant Shipping Act, 1894, and includes

any ship provided witb sailing letters from the Governor of

Hongkong, or from His Majesty’s Minister in China or Corea.

•“ British possession ” means any part of His Majesty’s dominions

exclusive of the United Kingdom.

•“ British subject” includes a British protected person, that is to say,

a person who either (a) is a native of any Protectorate of His

Majesty, and is for .the time being in China or Corea; or (b) by

virtue of Section 15 of the Foreign Jurisdiction Act, 1890, or

otherwise enjoys His Majesty’s protection in China and Corea.

China” means so much of the Empire of China as is within the

limits of this Order.

■“Consular district” means the district in and for which a Consular

officer usually acts, or for which he may be authorized to act,

for all or any of the purposes of this Order by authority of the

Secretary of State.

■“ Consular officer” means a Consul-General, Consul, Vice-Consul

Consular Agent, or Pro-Consul of His Majesty resident in China

or Corea, including a person acting temporarily, with the

approval of the Secretary of State, as or for a Consul-General,

Consul, Vice-Consul, or Consular Agent of His Majesty so

resident.

“ Commissioned Consular officer ” means a Consular officer holding

a commission of Consul-General, Consul, or Vice-Consul from

His Majesty, including a person acting temporarily, with the

approval of the Secretary of State, or of His Majesty’s Minister

in China or Corea, as or for such a commissioned Consular

officer.

“ Consulate ” and “ Consular office ” refer to the Consulate and

office of a Consular officer.

“ The Court,” except when the reference is to a particular Court,

means any Court established under this Order, subject, however,

to the provisions of this Order with respect to powers and local

jurisdictions.

“ Foreigner ” means a subject or citizen of a State in amity with

His Majesty, including China and Corea.

■“Judge,” except where the context intends a reference to the Judge

of the Supreme Court only, includes Assistant Judge, and,

except where the context intends a reference in the Supreme

Court only, includes the officer for the time being holding a

Provincial Court.

“ Legal practitioner” includes barrister-at-law, advocate, solicitor,

Writer to the Signet, and any person possessing similar

qualifications.

“ Lunatic ” means idiot or person of unsound mind.

“ Master,” with respect to any ship, includes every person (except a

pilot) having command or charge of that ship.

‘‘Minister” means His Majesty’s Minister in China or in Corea, as

the case may be, and includes Charge d’affaires or other chief

Diplomatic Representative.

64 ORDERS IN COUNCIL

“ Month ” means calendar nioafch.

“ Oath ” and “ affidavit,” in the case of persons for the time being:

allowed by law to affirm or declare, instead of swearing, include-

affirmation and declaration, and the expression “ swear,’’ in the

like case^ includes affirm and declare.

“Offence” includes crime, and any act or omission punishable-

criminally in a summary way or otherwise.

“ Person ” includes Corporation.

“ Prescribed ’’ means prescribed by Regulations or Rules of Court.

“ Prosecutor ’’ means complainailt or any person appointed or allowed

by the Court to prosecute.

“ Proved ” means shown by evidence oh oath, in the form of affidavit,

or other form, to the satisfaction: of the Court or Consular

officer acting or having jui’isdiction in the matter, and “ proof”

means the evidence adduced in that bebatf.

“ Rules of Court ” means rules of Court made under the provisions-

of this Order. : ■ ' / - ■

“ Secretary of State” means one of His Majesty’sPrincipal Secretaries

of State. >

“Ship” includes any vessel used in navigation, however propelled,

with her tackle, furniture and apparel, and any boat or other craft,

“ The Treasury ” means the Commissioners of His Majesty’s Treasury,

“ Treaty ” includes any Convention, Agreement, or Arrangement,

made by of on behalf of His Majesty with any State orG-overn-

ment, whether the Government of China or of Corea is a party

thereto or not.

“ Will” means will, codicil, or other testamentary instrument.

Expressions used in any rules, regulations, or orders made under this

Order shall, unless a contrary intention appears, have the same respective-

meanings as in this-Order.

Rales

Construction. may 4.be—construed

of (1) In thisasOrder,, Words

referring importing

tonne person orthething,

pluralorortothemore

singular

than

one person or thing, aiid words importing the masculine as referring to

the feminine (as the case may require).

(2) Where this Order confers any power or imposes any duty, then,

unless a contrary intention appears, the power may be exercised and the

duty shall be performed from time to: time as occasion requires.

(3) Where this Order confers a power, or imposes a duty on, or

with respect to, a holder of an office,: as such, then, unless a contrary

intention appears, the power may be* exercised , and the duty shall be per-

formed by, or with respect to, the holder for the time being iof the office

or the person temporarily acting for the holder.

(4) Where this Order confers a power to make any rules, regulations,

or orders, the power shall, unless a contrary intention appears, be construed

as including a power exercisable in the like manner and subject to the

like consent and conditions, if any, to rescind, revoke, vary, or amend

the rules, regulations, or orders. ,

(5) This Article shall apply to the construction of any rules, regula-

tions, or orders made under this Order, unless a contrary intention appears.

Extent of an(} matters

Jurisdiction. 5. The jurisdiction

following, inconferred

so far as byby this Ordergrant,

Treaty, extends

usage,tosufferance,

the personsor

other lawful means, His Majesty has jurisdiction im relation to such

matters and things, that is to say :•—

(1) British subjects, as herein defined, within the limits of this Order.

(2) Tho property and all personal or proprietary rights and liabilities

within the said limits of British subjects, whether such subjects

are within the said limits or not.

H.B.M. SUBJECTS IN CHINA AND COEEA 65.

(3) Foreigners in the cases and according to the conditions specified

in this Order and not otherwise.

(4) Foreigners, with respect to whom any State, King, Chief, or

Government, whose subjects, or under whose protection they are,

has by any Treaty as herein defined or otherwise agreed with

His Majesty for, or consents to, the exercise of power or

authority by His Majesty.

(5) British ships with their boats, and the persons and property on

board thereof, or belonging thereto, being within the limits of

this Order.

6. All His Majesty’s jurisdiction exercisable in China or Corea for Exercise of

the hearing and determination of criminal or civil matters, or for the Juri8dictl0n-

maintenance of order, or for the control or administration of persons or

property, or in relation thereto, shall be exercised under and according to

the provisions of this Order, and not otherwise.

II.—Constitution and Powers op Courts.

(i) Supreme Court.

7. —(1) There shall be a Court styled “ His Britannic Majesty

Supreme Court for China and Corea” (in this Order referred to as the court.reme

Supreme Court, and comprised in the term “the Court”).

(2) Subject to the provisions of this Order, there shall be a Judge, and

as many Assistant Judges of the Supreme Court as may from time to

time be required, who shall respectively be appointed by His Majesty by

warrant under His Royal sign manual.

Every Judge shall be at the time of his appointment a member of

the Bar of England, Scotland, or Ireland, of not less than seven years’

standing.

(3) The Judges, or any two of them, shall sit together for the pur-

poses described in this Order, and the Supreme Court so constituted is

hereinafter in this Order referred to as the “ Full Court.”

(4) When the Full Court consists of not more than two Judges, and

there is a difference of opinion, the opinion of the Judge, or, in his absence,

the Senior Assistant Judge, shall prevail.

(5) Subject to any Rules of Court, the Judge shall make any such

arrangements as he thinks fit for the distribution of the business of the

Court.

(6) If the Chief Justice in office at the passing of this Order becomes

the Judge of the Supreme Court under this Order, he shall retain the title

of Chief Justice during his tenure of office.

8. During a vacancy in the office of Judge, or in case of the illness or Acting judge,

incapacity of the Judge, or of his absence from the district of the Consul-

ate of Shanghai, the Secretary of State may appoint a fit person to act as

Judge, but unless or until such appointment is made, the Assistant Judge

or Senior Assistant Judge shall act as Judge.

An Acting Judge shall, during the continuance of his appointment,

have all the power and authority of the Judge.

9. During a vacancy or temporary vacancy in the office of Assistant Acting Amst-

Judge, or in case of the absence, or illness, or other incapacity of an ant Judge.

Assistant Judge, the Judge may, by writing under his hand and the seal

of the Supreme Court, appoint any fit person, approved by the Secretary

of State, or by His Majesty’s Minister in China, to act as and for such

Assistant Judge for the time therein mentioned or during the vacancy,

as the case may be; but every such appointment shall be revocable, at

pleasure, by the Judge, by writing under his hand and the seal of the

Supreme Court, or by the Secretary of State.

3

ORDERS IN ^'COUNCIL

The person so appointed shall, daring the continuance of his appoint-

ment, have all the power and authority of an Assistant Judge.

Additional

Assistant 10. X’he Secretary of State may appoint either a person qualified as

provided in Article 7, or a Consular officer to act as an additional Assis-

tant Judge, and any person so appointed shall, during the continuance of

his appointment, have all the .power and authority of an Assistant Judge.

Seal of

Supreme 11. The Supreme Court shall have, a seal, bearing the style of the

Court and such device as the Secretary of State approves, but the seal in

use at the commencement of this Order shall continue to be used until a

new seal is provided.

Officers

Supremeof 12. —(1) There shall be

Oourt. Crown Advocate, a Registrar, a Chief Clerk, a Marshal, and such other

officers and clerks under such designations as the Secretary of State

thinks fit.

(2) The Secretary of State, or His Majesty’s Minister in China or

Corea, as the case may be, may temporarily attach to the Supreme Court

such persons, being Consular officers, as he thinks fit.

(3) Every officer, clerk, and other person thus attached shall dis-

charge such duties in connection with the Court as the Judge may direct,

subject to any instructions of the Secretary of State.

Sheriff. 13. The sheriff shall have all the powers and authorities of the

Sheriff of a county in England, with all the privileges and immunities of

the, office, and shall be charged with the execution of all decrees, orders

and sentences made and passed by the Supreme Court, on the requisition

in that behalf of the Supreme Court.

He shall he entitled to such fees and costs as the Supreme: Court

may direct.

Registrar. 14. The Registrar shall be appointed by His Majesty.

He shall be either a member of the Bar of England, Scotland, or

Ireland, or a Solicitor of the Supreme Court in England or Ireland, or a

Writer to His Majesty’s Signet, or a Solicitor in the Supreme Courts of

Scotland.

He may also, with the approval of the Secretary of State, hold the

office of Chief Clerk of the Supreme Court.

In case of the absence from Shanghai or of the illness of the Regis-

trar, or during a vacancy in the office of Registrar, or during the employ-

ment of the Registrar in another capacity, or on emergency, the Judge may,

by writing under his hand and the seal of the Supreme Court, appoint

any fit person to act as Registrar for the time therein mentioned, or until

the appointment is revoked by the Judge or disappx-oved or revoked by

the Secretary of State.

Judges 15. The Judge, each Assistant Judge, and the Registrar shall hold

Registrar.and

Revocation

office during the pleasure of His Majesty.

16. In case at any time His Majesty thinks fit by warrant under his

Appointments.of Royal sign manual to revoke the warrant appointing any person to be

Judge, Assistant Judge, or Registrar, or while there is a Judge, Assistant

Judge, or Registrar in office, thinks fit by warrant under his Royal sign

manual to appoint another person to be Judge, Assistant Judge, or

Registrar (as the case may be), then, and in every such case, until the

warrant of revocation or of new appointment is notified by His Majesty’s

Minister in China to the person bolding office, all powers and authorities

vested in that person shall continue and be deemed to have continued in

as full force—and he shall continue, and be deemed to have continued,

entitled to all the privileges and emoluments of the office as fully, and all

things done by him shall be and be deemed to have been as valid in law—

as if such warrant of revocation or new appointment had not been

made. y • .1 ; .

H.B.M. SUBJECTS IN CHINA AND COREA 67

17. Tke Supreme iCourt shall ordinarily, sit at Shanghaibut may, sittings of

if it seems expedient, sit at any other, place within the limits of this

Order, and may at , any time transfer its ordinary sittings to any such

place as the Secretary of: State approves. Under, this Article, the Judges

may sit at the same time at different places, and each sitting shall be

deemed to be a sitting ef, the Supreme Court.

18. The Judge or under his directions, an Assistant Judge may visit, vinitation of

in a magisterial or judicial capacity- any place in China pr Corea, and Jud«es-

there inquire of,.or hear and determine, any case, civil or . criminal, and

may examine any records or order documents in any Provincial Court,

and give directions as to the keeping thereof. : :

(n) .Provincial Cov-rir.

19. — (1) Every commissioned Consular officer, with the ex

those at Shanghai and with such other exceptions (if any) as the Secre- court.vmcl

taryof State thinks fit to make, shall fiofi and'ih his Cohshlar district

bold and form a Court, ip this Order referred to as a Pfoviffcjal Courh

(2) Where His Majesty’s Minister in China or Corea, as the case

may D6, appoints any person fo 'be i4.btita^'Ui/nsul-Grehefal, Consul, or

Vice-Consul at any port or place in China or Cdrea,; Which is for the time

being open to foreign trade, and at Which nO commissioned Consular

officer is resident, that person Shall hold.and form a Provincial Court for

the distric.t for .which he is appointed to act.

(3) Every Provincial Court shall be atyled “ His Britaiinic Majesty’s

Court at Canton ” (or as lhe! case may be).

’(4) Every Provincial Court ihay, with the apprdyal of the'Jndge of

the Supreme Court, appoint a competent person, or persons, to perform

such duties and to exercise such powers in ahdTor that Court as are by

this Order and any Rules of Court imposed or Conferred upon the Regis-

trar and Marshal respectively, and ahy 'p&r^on bov appointed shall perform

such duties and exercise such powers accordingly.' ’ ‘

(5) Every Provincial Court shall have a seal bearing its style and

Such device as the Secretary of'State from time to'tiine direct^'; but

where sdch a seal is not provided, the' seal of:the Consular officer holding

the Court may be used.

J

■ (iii) ' Jurisdiction tyf'Goiiris.'

20. The Supreme Court, and each Provincial Court, shall, ip the Courts Record.of

exercise of every part of its jurisdiction, be,% Court of Record.

21. All His Majesty’s; jurisdiction, civil and criminal,. including apy Jurisdiction of

jurisdiction by.this Order conferred expressly on; a Provincial 0$>urtj Supreme

shall for and within the district of,the Consulate, ofi Shanghai he, vested Shanghai.

exclusively in the,Supreme Court,as its ordinary-original jurisdiction.

22. All Hjs Majesty’s jurisdiction, civil and criminal, pot under, this Jurisdiction of

Order vested exclusively in the Supreme Court, shall to the extent and in Provincial

the manner provided by this .Order be vested in the. Provincial Courts.

23. The Supreme Court shall.have,in ah,tnatters,.civil and criniinal, Concurrent of

an original jurisdiction,, concurrent with the; jurisdiction, of the several jurisdiction

Provincial Courts, to,be exercised subject apd according: to the provisions Supreme

of this Order., ,

24. —-(1) The Registrar of the Supreme Jurisdiction Court shall, of sub

directions of the, Judge, .botf. prelinlinary examinations, and shall hear Registrar

and determine .such - criminal cases in that: poui't>.as nre not, under this

Order, required to be heard and determined on a charge., ,. „ ;

(2). The Registrar, shall also have authority to hear and determine

such civil actions as may be assigned tq. him, by the Jqdge, hut actions

*3

OKDEKS Ilf COUNCIL

which under this Order are required or directed to be heard with a jury

or assessors shall not be so assigned.

(3) For the purposes of this Article the Registrar shall exercise all

the powers and jurisdiction of a Provincial Court, and the provisions of

this Order with respect to appeal and reserved case in criminal matters

and to appeal in civil matters shall apply accordingly.

Case reportedto

■oSupreme

r removed 25. —(1) Where any ca

vincial Court, appears to that Court to be beyond its jurisdiction, or to

be one which for any other reason ought to be tried in the Supreme

Court, the Provincial Court shall report the case to the Supreme Court

for directions.

(2) The Supreme Court may of its own motion, or upon the report

of a Provincial Court, or on the application of any party concerned,

require any case, civil or criminal, pending in any Provincial Court to

be transferred to, or tried in, the Supreme Court, or may direct in what

Court and in what mode, subject to the provisions of this Order, any

such case shall be tried.

auxiliary to auxiliary 26. The Supreme Court and every Provincial Court shall be

■one another. to one another in all particulars relative to the administration

of justice, civil or criminal.

•Conciliation. 27. Every Judge and Officer of Courts established under this Order

shall, as far as there is proper opportunity, promote reconciliation and

encourage and facilitate the settlement in an amicable way and without

recourse to litigation of matters in difference between British subjects,

or between British subjects and foreigners in China or Corea.

Modes of trial. 28. Subject to the provisions of this Order, criminal and civil “cases

may be tried as follows:—

(a ) In the case of the Supreme Court, by the Court itself, or by the

Court with a jury, or with assessors.

(6) In the case of a Provincial Court by the Court itself, or by the

Court with assessors.

Process of

Supreme 29. Any of His Majesty’s Courts in China or Corea may cause any

Court of kong,

Hongkong. summons, order, or judgment issuing from the Supreme Court of Hong-

in any civil proceeding, and accompanied by a request in writing

Immunity under the seal of that Court, to be served in China or Corea.

Legation. of not exercise

30. —(T) Notwithstanding

any jurisdiction in any proceeding whatsoever over His

Majesty’s Minister, or over his official or other residences, or his official

or other property.

(2) Notwithstanding anything in this Order, the Court shall not

exercise, except with the consent of the Minister signified in writing to

the Court, any jurisdiction in any proceeding over any person attached

to or being a member of, or in the service of, the Legation. The consent

of the Minister may be given, either specially with respect to any person,

or generally with respect to any class of persons so attached.

(3) If in any case under this Order it appears to the Court that the

attendance of the Minister, or of any person attached to or being a mem-

ber of the Legation, or being in the service of the Legation, to give

evidence before the Court is requisite in the interest of justice, the Court

may address to the Minister a request in writing for such attendance.

(4) A person attending to give evidence before the Court shall not

be compelled or allowed to give any evidence or produce any document,

if, in the opinion of the Minister, signified %• him personally or in writing

to the Court, the giving or production thereof would be inj urious to His

Operation

Imperial of Majesty’s service.

31. Where, by virtue of any Imperial Act, of of this Order, or other-

Acts, &c. wise, any provisions of any Imperial Acts, or of any law of a British

H.B.M. SUBJECTS IN CHINA AND COREA

possession, or of any Orders in Council other than this Order, are applic-

able in China or Corea, or any forms, regulations, or procedure prescribed

or established by or under any such Act, Law or Order, are made applic-

able for any purpose of this Order or any other order relating to China

or Corea, such Acts, Laws, Orders, Forms, Regulations, or procedure may

be construed or used with such alterations and adaptations not affecting

the substance as may be necessary having regard to local circumstances,

and anything required to be done by, to, or before any Court, Judge, officer,

or authority may be done by, to, or before a Court, Judge, officer, or

authority having the like or analogous functions, or by, to, or before any

-officer designated by the Secretary of State or by the Court (as the case

may require) for that purpose; and the seal of the Supreme or -Provin-

cial Court (as the case may be) may be substituted for any other seal,

nnd in case any difficulty occurs in the application it shall be lawful for

a Secretary of State to direct by, to, or before whom and in what man-

ner anything is to be done, and such Act, Law, Order, Form, Regulation,

or Procedure shall be construed accordingly.

Where under any such Imperial Act, Law, or Order any publication

is required to be made, as respects any judicial proceeding in any

•Gazette or otherwise, such publication shall in China or Corea be made

in such newspaper or by such other mode as the Court shall think fit

do direct.

Jurors and Assessors.

32.—(1) Every male resident British subject—being of the age of Jury.

■21 years upwards—having a competent knowledge of the English

language—having or earning a gross income at such rate as may be fixed

by Rules of Court—not having been attainted of treason or felony, or

< onvicted of any crime that is infamous (unless he has obtained a free

pardon) and not being under outlawry—shall be qualified to serve on

a jury.

(2) All persons so qualified shall be liable so to serve, except the

following persons, who shall nevertheless be competent to serve, that is

to say:—

Persons in His Majesty’s Diplomatic, Consular, or other Civil Ser-

vice, in actual employment;

Officers, clerks, keepers of prisons, messengers, and other persons

attached to or in the service of the Court;

Officers and others on full pay in His Majesty’s navy or army, or in

actual employment in the service of any Department connected

therewith ;

Persons holding appointments in the civil, naval, or military service

of China or Corea ;

Clergymen and other ministers of religion in the actual discharge

of professional duties ;

Legal practitioners in actual practice ;

Physicians, surgeons, and apothecaries in actual practice;

Persons who are over 60 years of age or are disabled by mental or

bodily infirmity.

(3) A jury shall consist of such number of jurors, not more than

twelve nor less than five, as may be determined in accordance with Rules

•of Court; and in such Rules different provisions may be made with

respect to the several places at which the Supreme Court may sit, regard

being had to the number of available jurors and any other considerations

(4) In civil and in criminal cases the like challenges shall be allowed

as in England—with this addition, that in civil cases each party may

■challenge three jurors peremptorily.

70 ORDERS IN COUNCIL

(5) A jury shall be required to gite an unanimous verdict ; provided

that, with the consent of parties, the verdict of a majority may be taken

in civil cases. ' ■ ;-

Assessors. 33.—(1) An Assessor shall be a competent and impartial British

subject; of good repute, nominated 1 and summoned by the Court for the

purpose of acting as Assessor.

(2) In the Supreme Court there may be one, two, or three Assessors,

as the

: Court thinks fit;

(3) In a Provincial Court there shall ordinarily be not fewer than

two, and not more than four, Assessors. Where, however, by .reason* of

local circumstances, the Court is able to obtain the presence of one

Assessor only,- the Court may, if it thinks fit, sit with one Assessor only :

and where,'for like reasbfis,' the Court is not able to obtain the presence

of an Assessor,1 the Court may, if it thinks fit, sit without an Assessor—

the Court in every case; recording in the Minutes1 its reasons for sitting

with one Assessor only or without an Assessor.

(4) An Assessor shall not have any voice in the decision’ of the Court

in any case, civil of criminal; ; but an Assessor dissenting; in a civil case,

from any decision of the Court, or, in a criminal case, from any decision

of the Court or the conviction or the amount of punishment awarded,

may record in the Minutes his dissent, and the grounds thereof, and shall

be entitled to receive without payment a certified copy of the Minutes.

Penalty for

non-attend- 34.—(1) Any

j.o a gumm011s person failing to. attend as juror or Assessor according

siian ()e deemed guilty of a contempt of Court, and shall

be liable to a fine not exceeding £10, but. a person shall not be liable to

fine for nfih-attendance unless'hei is resident in the Consular district In

which the Court sits.

(2) Any such fine shall not be levied until after the expiration of

fourteen -days. The proper officer of the Court shall forthwith give to

the person fined notice in writing of the imposition of the fine, and

require him within six days after receipt of the notice to file an affidavit

excusing noli-attendance (if he desire to do so). The Court shall con-

sider the affidavit,1 and may, if it seems proper, remit or reduce the fine.

HI.—Criminal Matters.

Application of or ail35.—(1) Bxce.pt as.regards offences made or declared such by this-

ofEngUnd^ lationsy other Order relating

made under to China' or Corea, or by,any Rules or Regu-

any Order;

Any act. that ■ would not by a Court of, Justice having criminal

jurisdiction in England be deemed an offence in England, shall

not, in the exercise of criminal jurisdiction under this Order, be

deemed an offence, or be the subject of any criminal proceeding

under this Order. \

(2) Subject to the provisions of this. Order,, criminal jurisdiction

under this Order shall, as far as circumstances admit, be exercised on

the principles of, and in conformity with, English law for the time being,

and with the.: powers vested in the. Courts of Justice ami Justices of

the Peace in England, according to their respective jurisdiction and

authority.

'tiocal Jurisdiction in Griinirj,al Matters.^

Power to 36. Every Court may cause to be summoned or arrested, and brought

Offenders. before it,and

diction, any accuSeibof

'pd^Son subject

havingto committed

and being within the limits

an offence of its under

cognizable juris-

this'Order, and may deal with the-accused according to the jurisdiction

of the Court and in conformity with the provisions of this Order.

H.B.M. SUBJECTS .IN CHINA AND COREA

37. For the purposes of criminal jurisdiction everj offence and cause

of complaint committed or arising within the limits of this Order shall trlal purposes^

be deemed td have been committed or to have ariseiij either,in the place ”

where the same actually was committed or arose, or in an place where ’

the person charged or complained of happens to be at the time, of the

institution df commencement of the charge or cdmplaint.

38. Where a person accused of an offence escapes qr removes from Escape and

the Consular' district within which the offence was committed, and is another"

found within another Consular district, the'Court within whose district district,

he is found may proceed in the case to trial and punishment, or tp ,pre-

liminary examination (as the case may require)", in lihje manner as if the

offencq had been committed in its own district; or may,, on the requisi-

tion or with the consent of the Court within whose district the offence

was committed, send him in'custody to that Court, pi-require him to

.give security for his surrender to that Coiirt, there to be dealt with

according to law.

Where any person is to be so sent in custody, a warrant shall be issued

by the Court within whose'district' hff is found, and that warrant Shall

be sufficient authority to ahy .persoh' to whom it is directed'to receive

and detain the person therein named, and to carry hiiii to and deliver

him up .to the Court within whose district tltb offence was'committed,

. according

39.

to the warrant.

—(1) In cases of murder or manslaughter if either the de

the criminal act which wholly or partly caused the death, happened offences, &e.

within the jurisdiction of h Cohrt acting under this Order, that Court

shall have the like jurisdiction over any British subject who is accused

either as the principal offender, or as accessory before the fact to murder,

or as accessory after the fact to murder or manslaughter, as if both the

-criminal act and the death had hapiiened within, that jurisdiction.

(2) In the case of any offence committed on the high seas, or with-

in the Admiralty jurisdiction, by any British subjection board a British

ship, or on board a foreign ship tp which hq did not belong, the Court

shall, subject to the provision's of this Order, have jurisdiction as if the

■offence had been Committed within the jurisdiction of that Court. In

cases tried under this Article no different sentence can be passed from

the sentence Which could be passed ih England if the offence were tried

there.

(3) ' The foregoing provisions of this Article shall be deeme

adaptations, for the purposes of this Order and of the Foreign Juris-

diction Act, 1890, of the.'following enactments, that is to say :—

The Admiralty Offences (CoIonial) Act, 1849.

The Admiralty Offences (Colonial) Act, 1860.

The Merchant Shipping Act, 1894, Part. XIII.

And thpse enactments shall apply accordingly and be administered in

■China and Corea.

Apprehension and Custody of Accused Persons.

40. —(1) Where,a person accused of an offence is arreste

warrant issuing out of any Court, he shall be brought before the Court ^^dbe,ore

within forty-eight hours after the arrest, unless in any case circumstances

unavoidably prevent his being brought before the Court within that time,

which circumstances shall be recorded in the Minutes.

(2) In every case, he shall be brought before the Court as soon as

circumstances reasonably admit, and the time and circumstances shall be

recorded in. the Minutes.

41. —(1) Where ap. accused person is in custody,, he shall

remanded at any time for more, than .seven, days, unless circumstance®

re ORDERS IN COUNCIL

appear to the Court to make it necessary or proper that he should be

remanded for a longer time, which circumstances, and the time of re-

mand, shall be recorded in the Minutes.

(2) In no case shall a remand be for more than fourteen days at

one time, unless, in case of illness of the accused or other case of

necessity.

Detention

h of 42. Where the Supreme Court or a Provincial Court issues a sum-

‘P- mons or warrant against any person on complaint of an offence committed

on board of, or in relation to, a British ship, then, if it appears to the

Court that the interests of public justice so require, the Court may issue-

a warrant or order for the detention of the ship, and may cause the

ship to be detained accordingly, until the charge is heard and deter-

mined, and the order of. the Court thereon is fully executed, or for such

shorter time as the Court thinks fit; and.the Court shall have power to

make all such orders as appears to it necessary or proper for carrying

this provision into effect.

Execution of 43. Every Provincial Court shall execute any writ, order, or warrant

Supreme

Court. issuing from theforSupreme

named therein Court, and

his appearance may take

personally security

or by fromaccording

attorney, any personto

the writ, order, or warrant; or may cause such person to be taken in

custody or otherwise to the Supreme Court or elsewhere in China or

Corea, according to the writ, order, or warrant.

44.—{!) The Court may, in its discretion, admit to bail persons-

accused of any' of the following offences, namely :—

Any felony.

Riot.

Assault on any officer in the execution of his duty, or on any

person acting in his aid.

Neglect or breach of duty by an officer.

But a person accused of treason or murder shall not be admitted ta

bail except by the Supreme Court,

(2) In all other cases the Court shall admit the accused to bail

unless the Court, having regard to the circumstances, sees good reason

to the contrary, which reason shall be recorded in the Minutes.

(3) The Supreme Court may admit a person to bail, although a

Provincial Court has not thought fit to do so.

(4) The accused who is to be admitted to bail, either on remand or

on or after trial ordered, shall produce such surety or sureties as, in the

opinion of the Court, will be sufficient to insure his appearance as and

when required, and shall with him or them enter into a recognizance

accordingly.

Trial with Jury or Assessors.

Tr ai withrjury 45.—(1) Where the offence charged is treason or murder the case

' must be tried on a charge before the Supreme Court with a jury.

(2) In each of the two following case§, namely ,

(i) Where the offence charged is rape, arson, housebreaking, rob-

bery with violence, piracy, forgery, or perjury; or

(ii) Where the - offence charged is any other than as aforesaid, but

it appears to the Court at any time before the trial, the opinion

of the Court being recorded in the Minutes, that the offence

charged, if proved, would not be adequately punished by im-

prisonment for three months with hard labour, or by a fine of

=£20, or both such imprisonment and fine—

The offence shall be tried on a charge with a jury or assessors

(according to the provisions of this Order applicable to the Court) ; but

may, with the Consent of the accused, be tried without assessors or jury

H.B.M. SUBJECTS IN CHINA AND COREA 73

In the Supreme Court, when the accused does not so consent, the charge

shall he tried with a jury, unless the Court is of opinion that a jury

■cannot he obtained.

(3) The Supreme Court may, for any special reason, direct that any

case shall be tried with assessors ora jury, and a Provincial Court may,

for any special reason, direct that any case shall be tried with assessors.

In each such case the special reason shall be recorded in the Minutes.

46. —(1) Where an accused person is ordered to be tried

■Court with a jury or with assessors, he shall be tried as soon after the

making of the order as circumstances reasonably admit.

(2), J\s long notice of the time of trial as circumstances reasonably

admit shall be' given to him in writing, under the seal of the Court,

which notice, and the time thereof, shall be recorded in the Minutes.

47. —(1) The Supreme Court shall, when required by the S

of State, send to him a report of the sentence of the Court in any case sentences,

tried before that Court with a jury or assessors, with a copy of the

Minutes and notes of evidence, and with any observations which the

Court thinks fit to make.

(2) Every Provincial Court shall, in accordance with Rules of Court,

send to the Supreme Court a report of the sentence of the Court in

every case tried by the Court with assessors, with such Minutes, notes

of evidence, and other documents as such Rules may direct, and with

,any observations which the Court thinks fit to make.

Summary Trial.

48. Where the complaint discloses an offence which is not required summary

-or directed to be heard on a charge, the accused may be tried summarily tna1,

on the complaint: Provided that where an offence is tried summarily

no greater [mnishment shall be awarded than imprisonment for three

months or a fine of ^620, or both.

Preliminary Examination.

49. —(1) Where the accused is before the Court, and it ap

the Court that the complaint discloses an offence— Examination.

(a) Which ought to be tried in or reported to another Court; or

(b) Which ought to be tried before the same Court with a jury or

assessors ;

the Court shall proceed to make a preliminary examination in the

prescribed manner.

(2) On the conclusion of the preliminary examination, the Court

shall bind by recognizance the prosecutor and every witness to appear

at the trial to prosecute, or to prosecute and give evidence, or to give

-evidence (as the case may be), and if the case is to be tried in or reported

to another Court, shall forthwith send the depositions, with a minute of

other evidence (if any) and a report, to the Court before which the trial

is to take place.

50. Where a British subject is accused of an offence the cognizance Trial before

whereof appertains to any Court established under this Order, and it is Male8ty’8HlS

expedient that the offence be inquired of, tried, determined, and punished dominions,

in a British possession, the accused may (under the Foreign Jurisdiction

Act, 1890, Section 6) be sent for trial to Hongkong or to Burma; and

the Supreme Court of Hongkong and the Sessions Court at Mandalay

•shall respectively be the authorized Courts for the purposes of that

enactment.

The Court may, where it appears so expedient, by warrant under the

hand of a Judge and the seal of the Court, cause the accused to be sent

for trial to Hongkong or to Mandalay accordingly.

74 orders in Council

The warrant shall’ be sufficient authority to any person to whom it-

is directed to receive and detain the person therein named, and to carry

him to and deliver him up at Hongkong or Mandalay, according to the-

warrant.

Where any person is to be so sent to Hongkong or to Burma, the

Court before which he is accused shall take the preliminary examination,

and if it seems necessary and proper shall bind over such of the proper

witnesses as are British subjects in their own recognizances to appear

and give evidence on the trial.

Kefusal

enter intoto 51.—(1) If a British subject, having appeared as prosecutor or

recognizance. witness at a preliminary examination, refuses to enter into a recognizance

to appear at the trial to prosecute or give evidence; the Court may send

him to prison, there to remain until after the trial, unless in the mean-

time he enters into a recognizance.

(2) But if afterwards, from want of sufficient evidence or other

cause, the accused is discharged, the Court shall order that the person

imprisoned for so refusing be also discharged.

(3) Where the prosecutor or witness is not a British subject, the

Court may require him either to enter into a recognizance or to give

other security for his attendance at the trial, and if he fails to do so may

in its discretion dismiss the charge.

Expenses

witnesses,&c.ot • 52. Subject to Buies of Court made under this Order, the Court

jurors, may order payment of allowances in respect of their reasonable expenses

to any complainant or witness, attending before the Court on the trial of

any criminal case by a jury of with assessors, and also to jurors, asses-

sors, interpreters, medical practitioners,'or other persons employed in or

in connection with criminal cases.

Charges.

Trial on a

charge. 53. —(1) The charge up

state the offence charged, with such particulars as to the time and place

of the alleged offence, and the person (if any) against whom or the thing

(if any) in respect of which it was committed, as are reasonably sufficient

to give the accused notice of the matter with which he is :charged.

(2) -The fact that a charge is made is equivaleht-to-a statement that

every legal condition required by law to constitute The offence Oharged

was fulfilled in the particular; case.

(3) Where the fiatufe of the case-fis such that’the pafticfilafs -hbove

mentioned do not give Such sufficient notice as aforesaid, the charge shall

also contain such p&fticUlars of the mann'er-in which the alleged offence

was committed as will give such sufficient notice;

(4) For the purposes of the application of any Statute 'laW; a charge

framed; under the: provisions- of this Order shall be deemed to 'be an

indictment. e'd-l ■ ■- - ■ ■- • w1 -i

Separate

charges for 54. For ehefy distinct offence of which any person is accused there

shall be a separate charge, and every such charge shall be tried sepafatelv,

•except in the caSCS: following^ that is to say.— •

(ft) Where fi pefs6n is accused Of more offences tiffin oilfi of tWSame

kind committed within the space df twelve-months from the

first-to the last of such offences, he-may be charged with,-and

tried: at One- trial for any number of them not exeeedingi thnh.

(b)-If in one series -of acts ‘so Connected togethe'r-' aS th fotni the

same transaction more offences than one are ebnriMtted'by the

same person, he may be charged with and tried at one trial for

every such’offence.

(fc) If the acts alleged constitute an offence falling With in'two or

more definitions or descriptions of offences in afif ■ lawor laws.

H.B.M. SUBJECTS IN CHINA AND COKE A

the accused may be charged with and tried at one trial for

|[!: each of such offences.

{d) If ■ several acts constitute several offences, and also, when

| combined, a different offence, the accused may be charged with,

If and tried at One trial for, the pffenee constituted; by such acts

when combined, or one or, more of the several,offences, but in

the latter case shall not be punished with more Severe punish-

ment than the Court which tries him could award for any one

I of those offences.

(,e) If a jingle act or series of acts,is of such a nature, that it is

doubtful which of several offences the facts which can lie proved

, . will constitute, tffe accused may tbe. charged; with having com-

mitted all or any, of such offences, and any pumber of Such

charges may be tried at offcey : or he may be charged in the

alternative, with, havingcommitted spmh one ,of the offences;

and if it appears in evidence that he has committed a different

offence for which he might have bpen charged, he may be

convicted of that pffencp,, although not cffarged with it.

55. When more persons than one are accused. pf the same offence or Trial of

•of different offences conimitted in the sa,me tran^ction,. or when one is co-defendant9

accused of ; committing an offence and another of abetting,.or attempting

i to commit that offence,, they, may. be .charged and tried together or

’: separately, as the Court .thinks fit.

! 56.—(1) Any Court, if sitting with a jury or assessors, may alter Alteration of

any charge at any time before the verdict of the jury is returned or the charse8,

; opinions ot the assessors are expressed; if sitting without jury, or asses-

sors,, at any time,before, judgment is,pronounced.

(2) Evei*y such, afferation shall be read and explained to, the.accused.

(3) If the altered charge is such that proceeding with, the trial

immediately is likely,; in ,tffe opinion of the .Court, to prejudice the

I accused or the prosecutor, the Court may either direct a new trial, or.

i; adjourn the trial, for,such period as,may he necessary.

| 5.7,—(1), $p error or onussipn in stating either the offence or the arrow and

f particulars shall be. regarded at any stage of the .cpse as material, unless var,a,,cefc

ji the accused was misled by such error or omission.

(2) When the facts alleged in, certain particulars are proved and

constitute an offence, .and the remaining particulars ppe, not proved, the

S accused may be convicted .of the offence, constituted, by tbp. facts proved,

I although not. charged with it.

,(3) When a person is, charged with, an. offence,. and the ■ evidence

i proves either, the cpmuussion of a minor offeecg or air attempt to commit

; the offence charged, he may he convicted of the minor offence or of the

r attempt. . _

58.—(1 j If the accused has been previously convicted of any offence, Charge of

I and it ,is intended to prove such.,couviction for .the .purpose ,of affecting ^nvictfon.

the punishment, which, tffe. ipqnrt is compcitcut to award,, the fact, date,

r and place of Ihe previous conviction shall be stated in the charge.

(2) If such statement, is omitted, thq Court niuy add it at, any time

j;. before sentence is passed. ., . ,

• (3) ;Tli9;pai;t of , tffe cba.rge , stating the, previous'convictions shall

not be read out in Court, nor shall tffe accused be asbed whether he,.has,

bsen. .previously, convicted, in .the cffarge, :unless affd until he

has either pleaded, guiffy to, or been- conyicted. of, tffe, snbsequenjt

offenue. . , ,

(4) If be pleads guilty to, or is convicted of, the subsequent offence,

he shall, then be . asked whether he has 'heen preyiously convicted, as

alleged in the charge.

76 ORDERS IN COUNCIL

(5) If lie answers that he has been so previously convicted, the

Court may proceed to pass sentence on him accordingly, but, if he denies-

that he has been so previously convicted, or refuses to, or does not,

answer such question, the Court shall then inquire concerning such

previous conviction, and in such case (where the trial is by jury) it shall

not be necessary to swear the jurors again.

Punishments.

Limitation to 59. The powers of the Courts with respect to punishments are

courts.limited (1) asThefollows :— Court may award in respect of an offence any

Supreme

punishment which may in respect of a similar offence be awarded

in England: provided that (a) imprisonment with hard labour

shall be substituted for penal servitude, and (6) the Supreme

Court shall not award a fine exceeding .£500; or, in case of a

continuing offence, in addition to imprisonment or fine, or both,,

a fine exceeding £1 for each day during which the offence

continues after conviction.

(2) A Provincial Court may award imprisonment, not exceeding:

twelve months, with or without hard labour, and with or

without a fine not exceeding £100; or a fine not exceeding

£100, without imprisonment; or in case of a continuing offence,

in addition to imprisonment or fine, or both, a fine not

exceeding 10s. for each day during which the offence continues

after conviction.

(3) But nothing in this Article shall be deemed to empower any

Court to award for any offence any punishment not authorized

by law in relation to that offence.

offencesthlS n 60.—(1) If any person is guilty of an offence against this Order

Orderf °t distinguished

(1) To a fineasnota grave offence£5,against

exceeding withoutthisanyOrder, he is liable:—

imprisonment; or

(ii) To imprisonment not exceeding one month, without fine; or

(iii) To imprisonment not exceeding fourteen days, with a fine not

exceeding 50s.

(2) Imprisonment under this Article is without hard labour.

Grave 1offence

thIs 61.—(1) If any person is guilty of an offence against this Order,

cfrder. distinguished

(1) To aasfinea grave offence against

not exceeding this Order,

£10, without he is liable:—

imprisonment; or

(ii) To imprisonment not exceeding two months, without fine; or

(iii) To imprisonment not exceeding one month, with a fine not

exceeding £5.

(2) Imprisonment under this Article is, in the discretion of the

Court, with or without hard labour.

62. —(1) The Court ma

of an assault to pay to the person assaulted by way of damages any sum

not exceeding £10.

(2) Damages so ordered to be paid may be either in addition to or

in lieu of a fine, and shall be recoverable in like manner as a fine.

(3) Payment of such damages shall be a defence to an action for

the assault.

63. —(1) The Court ma

before it to pay all or part of the expenses of his prosecution, ©r of his

imprisonment or other punishment or of both, the amount being specified

in the order.

(2) Where it appears to the Court that the charge is malicious, or

frivolous and vexatious, the Court may, if it thinks fit, order the

H.B.M. SUBJECTS IX CHINA AND COBEA 77

eompliiiuaut, to pay all or part of the expenses of the prosecution, the

amount being specified in the order.

(3) In these respective cases the Court may, if it thinks fit, order

that the whole or such portion as the Court thinks fit of the expenses

so paid be paid over to the complainant or to the accused (as the case

maybe).

(4) In all cases the reasons of the Court for making any such order

shall be recorded in the Minutes.

64. Where any person is sentenced by the Supreme Court to suffer death.

the punishment of death, the Judge shall forthwith send a report of the Punishment of

sentence, with a copy of the Minutes of Proceedings and notes of evidence

in the case, and' with any observations he thinks fit, to His Majesty’s

Minister in China or Corea as the case may be.

The sentence shall not be carried into execution without the direction

of His Majesty’s Minister in writing under his hand.

If His Majesty’s Minister does not direct that the sentence of death

be carried into execution, he shall direct what punishment in lieu of the

punishment of death is to be inflicted on the person convicted, and the

person convicted shall be liable to be so punished accordingly.

65. —(1) The Judge of the Supreme Court Prisonsmay

and by gener

approved by the Secretary of State, prescribe the manner in which and punishments.

the prisons in China or Corea at which punishments passed by any Court

or otherwise awarded under this Order are to be carried into execution.

(2) The warrant of any Court shall be sufficient authority to any

person to whom it is directed to receive and detain tne person therein

named in any prison so prescribed.

(3) For the purposes of this Article “ Chiija ” includes places within

the limits of the Weihaiwei Order in Council, 1901.

66. —(1) Where an offender is sentenced Imprisonment- toHisimprisonment,

Supreme Court thinks it expedient that the sentence be carried into effect inMajesty’s

within His Majesty’s dominions, and the offender is accordingly, under dominions.

Section 7 of the Foreign Jurisdiction Act, 1890, sent for imprisonment to

a place in His Majesty’s dominions, the place shall be either Hongkong,

or a place in some other part of His Majesty’s dominions, the Govern-

ment whereof consents that offenders may be sent thither under this Article.

(2) The Supreme Court may, by warrant under the hand of a Judge

and the seal of the Court, cause the offender to be sent to Hongkong, or

other such place as aforesaid, in order that the sentence may be there

carried into effect accordingly.

(3) The warrant shall be sufficient authority to any person to whom

it is directed to receive and detain the person therein named, and to

carry him to and deliver him up at t he place named, according to the

warrant.

67. —(1) A Judge of the Supreme Court may,of if he th

Mitigation

report to the Secretary of State or to the Minister in China or in Corea, pumshmeots.

as the case may be, recommending a mitigation or remission of any

punishment awarded by any Court, and thereupon the punishment may

be mitigated or remitted by the Secretary of State or Minister.

(2) Nothing in this Order shall affect His Majesty’s prerogative of

pardon.

Inquests.

68. —(1) The Court shall have and discharge Inquests. all the po

duties appertaining to the office of Coroner in England, in relation to

deaths of British subjects happening in the district of the Court.

(2) The Court may also exercise the said powers in relation to

deaths of any persons having happened at sea on board British ships

ORDERS IN COUNCIL

arriving in the district, and to deaths of British subjects having hap-

pened at sea on board foreign ships so arriving. ,

(3) The jurisdiction of the Court under this Article shall be

exercised shbject to the following provisions :—

(«) Where a British Subject is charged with causing the death, the

Court may, without holding an inquest, proceed forthwith with

the pfelitbinary exahiinatioh. ' '

, (b) Where a British subject is not charged with causing the death,

the Court shall, without aiiy jury, hold an inquest, taking the

depositions of those who know the facts. If, during or after

the inquest, a British Subject is so charged,. the depositions

shall1 be read over in the presence1 of the witnesses and of the

accused, who shall be entitled to crbss-eXamine each witness,

and the procedure' shall be as in other cases of preliminary

examination. If after’the inquest the Court oo'es'. not see fit to

cause any 'person to be charged, the Court shall certify us

opinion of the cause of the death. When the inquest is held

by a Provincial Court, the certificate and the depositions shall

be sent forthwith to the Supreme Court, and that Court may

give any directions which may Seem proper in the circumstances.

(4) In this Article the expression “the Court ” includes the Registrar

of the Supreme Court.

Statutory or other Offences.

Patents and possession,

trade-marks, 69. Anywould

act which, if ’'done against

be an offence in the .United

any of Kingdom, or inStatutes

the following a Britishof

the Imperial Parliament or Orders in Council, that is to say :—

The Merchandize Marks Act, 1887';

The Patents, Designs and Trade-marks Act, 1883 to 1888;

Any Act, Statute, or Order in Council for 1the time being in force

relating tb'copyright, or tb '-inventions, designs, or trade-marks;

Any Statute amehding, or substituted for, any of the above-men-

tioned Statutes;

Shall, if done by a British subject’in China or Corea, be punishable

as a grave offence against this Order, whether such act is done in

relation to any property or right of a British'^ubjeet, or of a foreigner

or native, or otherwise howsoever;

Provided—

(1) That a copy of any such Statute or Order in Council shall be

published in tile' public office of the Consulates at-Shanghai

and Seohl, and shall be there open fob inspection'by any person

at all Reasonable times '; and a person shall not be ptmished

under this Article for anythmg (lone before the expiration of

one month after such publiebtioiy unless the person offending

is proved to hdve had expfefes hdtiOe of the 1 Statute or Order: in

Council. ' ’ ' •' : 'J '

(2) That a proSetitltioh by or oh b£ha]f of,a, prosecutor' who is hot a

British subject shq.ll hot be entertained unless the Court is

satisfied that effectual provision exists for the punishment in

Consular or other Courts in China or Corea of similar acts

committed by the subjects of the State or Power of which such

prosecutor is a subject, in relation to, or affecting the interests

of, British subjects. '

•Smuggling. 70.—(1) ' If a Brit ish subject—

(i) Smuggies,'or attempts to smuggle, :out pf China or Corea any

goods on exportation Whereof a duty'is payable t6 the Chinese :

or Corean Government; •

H.B.M. SUBJECTS IN CHINA AND COREA 79

(ii) Imports or exports, or attempts to import or export, into or out

of China or Corea, any .goods, intending and attempting to

evade payment of duty payable thereon to the Chinese or

Corean G-overnment;

(iii) Imports or exports, or attempts to import or exphrt, into or

out of China or Corea any goods the importation or exportation

whereof, into or out of China or Corea, is prohibited by law;

(iv) . Without a proper licence, sells, or attempts to sell,

for sale, in China or Corea, any goods whereof the Chinese or

Corean Government has by law a monopolv ;

In each of the four cases aforesaid he shall be guilty of. an offence

against this Order, and on conviction. shall be liable to imprisonment,

with or without hard labour, for any term not exceeding six months,, and

with or without a fine not exceeding ,£100,' or to a. fine not exceeding

,£100 without imprisonment.

(2) Where a person is charged with such an offence as in this

Article is mentioned, the Court may seize the,goods in relation to which

the alleged offence was committed, and may hold the same until after

the hearing of the charge.

(3) If a person so charged is convicted, then, those goods, whether

they have been so seized or not, shall be forfeited to His Majesty the

King, and the Court shall dispose of them, subject to any' general or

special directions of the Secretary of State as the.Court thinks fit.

71. —(1) If any British subject, withoutLevying His Majesty’s au

proof whereof shall lie on the party accused, does any of the following war, etc.

things, that is to say -

(а) Levies war or takes any part in any operation of war against;

or aids or abets any person in oarrying on war, insurrection, or

rebellion against the Government, of .China or of'Corea; or,

(б) Takes part in any operation of war in tbe seryioe bf the Go'tern-

ment of China or of. Corea against any persons engaged in

carrying on war, insurrect ion; or > rebellion against those

respective Governments he shall be guilty of an: ofienee against

this Order, and,; ion conviction thereof, shall'bediable to im-

, prisonment, with or without hard labour, , for, any;. term not

exceeding two years, and with or without,a fine not-exceeding

<£500, or to a fine not exceeding £!500 without, imprisonment.

(2) In addition ;to any, such punishment-every Conviction under

the provisions of this Article shall, of itself; and without further proceed-

ings, make the person convicted Jiable to deportation,.and the Court may

order him to be deported from China or^orea in manner provided by

this Order.

(3) Where a person accused of an offence, against this Article is

brought before a Provincial Court, that.Court shall repo-rt the, case to

the Supreme Court,- and the, Supreme' -Court shall thereupon direct

in what mode and where the case shall be heard and determined,:ahd the

case shall be heard ami determined accordingly.

72. Any British subject being in. China or Corea may be ,proceeded Piracy.

against, tried, and punished under this Order for piracy wherever

committed.

If a person accused of piracy is brought before a Provincial: Court,

that Court shall report the-case to the Supreme Court, and the Supreme

Court shall thereupon give..;such directions as it may, think fit with

respect to the trial. . j .-

73. If any British .subject:ih ;ChiBa or in Corea violates ,Or fails to Violation of

observe any stipulation of any Treaty between His Majesty, his pre- Treaties.

decessors, heirs, or successors, and the Emperor of China or of Corea

ORDERS IN COUNCIL

for the time being in force, in respect of the violation whereof any

penalty is stipulated for in the Treaty, he shall be deemed guilty of an

offence against the Treaty, and on conviction thereof under this Order

shall be liable to the penalty stipulated in the Treaty.

International 74.

Regulations, representatives —(1) Where, by a

in China and Corea of foreign States, or sme of them, in

conjunction with the Chinese or Corean authorities, Sanitary, or Police,

or Port, or Game, or other Regulations are established, and the same,

as far as they affect British subjects, are approved by the Secretary

of State, the Court may, subject and according to the provisions of this

Order, entertain any complaint made against a British subject for a

breach of those Regulations, and may enforce payment of any fine

incurred by that subject or person in respect of that breach, in like

manner, as nearly as may be, as if that breach were by this Order

declared to be an offence against this Order.

(2) In any such case the fine recovered shall, notwithstanding any-

thing in this Order, be disposed of and applied in manner provided by

those Regulations.

Seditious

conduct. who prints,75. Every person subject to the criminal jurisdiction of the Court

publishes, or offers for sale any printed or written newspaper

or other publication containing matter calculated to excite tumult or

disorder, or to excite enmity between His Majesty’s subjects, and the

Government of China or Corea, as the case may be, or between that

Government and, its subjects, shall be guilty of a grave offence against

this Order, and may, in addition to, or in lieu of, any other punishment, t-e

ordered to give security for good behaviour, and in default thereof, or on a

further conviction for the like offence, he may be ordered to be deported.

An offence against this Article shall not be tried except by the

Supreme Court.

•Offences

against 76. —(1) If a British s

religions. (1) Publicly derides, mocks, or insults any religion established or

observed within China or Corea; or

(ii) Publicly offers insult to any religious service, feast, or ceremony

established or kept in any part of those dominions, or to any

place of worship, tomb, or sanctuary belonging to any religion

established or observed within those dominions, or to the

ministers or professors thereof; i r

(iii) Publicly and wilfully commits any act tending to bring any

religion established or observed within those dominions, or its

ceremonies, mode of worship, or observances, into hatred,

ridicule, or contempt, and thereby to provoke a breach of the

public peace;

he shall be guilty of an offence, and on conviction thereof, liable to

imprisonment not exceeding two years, with or without hard labour, and

with or without a fine not exceeding <£50, or to a fine alone not exceed-

ing £50.

(2) Notwithstanding anything in this Order, every charge under

this Article shall be heard and determined by the Court alone, without

jury or assessors, and any Provincial Court shall have power to impose

the punishment aforesaid.

(3) Consular officers shall take such precautionary measures as

seem to them proper and expedient for the prevention of such offences.

Contempt

Court. of 77. —(1) If any person

Court, does any of the following things, namely:—

(a) Wilfully, by act or threat, obstructs an officer of, or person

executing any process of, the Court in the performance of his

duty; or

H.B.M. SUBJECTS IN CHINA AND COEEA 81

(b) Within or close to the rooin qr place where the Court is sitting

wilfully misbehaves in a violent, threatening, or disrespectful

manner, to the disturbance of the Court, or to the intimidation

of suitors or others resorting thereto; or

■(c) Wilfully insults any member of the Court, or any assessor or

juror, or any person acting as clerk or officer of the Court,

during his sitting or attendance in Court, or in his going to or

returning from Court; or

(d) Does any act in relation to the Supreme Court or a Provincial

Court or a matter pending therein, which, if done in relation to

the High Court in England, would be punishable as a con-

tempt of that Court-

lie shall be guilty of a grave offence against this Order;

Provided that the Court, if it thinks fit, instead of directing proceed-

ings as for an offence against this Order, may order the offender to be

apprehended forthwith, with or without warrant, and on inquiry and

•consideration, and after the hearing of any defence which such person

•may offer, without further, process or trial, may adjudge him to be

punished with a fine not exceeding <£10, or with imprisonment not ex-

ceeding twenty-four hours, at the discretion of the Court.

(2) A Minute shall be made and kept of every such case of punish-

ment, recording the facts of the offence, and the extent of the punish-

ment. In the case of a Provincial Court, a copy of the Minute shall be

forthwith sent to the Supreme Court.

(3) Nothing herein shall interfere with the power of the Court to

remove or exclude persons who interrupt or obstruct the proceedings of

the Court.

78. —(1) If an officer of the Court employed to execute an or

iby neglect or omission the opportunity of executing it, then, on complaint offlcerB'

of the person aggrieved, and proof of the fact alleged, the Court may, if

it thinks fit, order the officer to pay the damages sustained by the person

complaining, or part thereof.

(2) The order shall be enforced as an order directing payment of

money.

79. —(1) If a clerk or officer of the Court, acting under pre

the process or authority of the Court, is charged with extortion, or with

snot paying over money duly levied, or with other misconduct, the Court,

if it thinks fit, may inquire into the charge in a summary way, and may

for that purpose summon and enforce the attendance of all necessary

persons, as in an action, and may make such order for the repayment of

any money extorted, or for the payment over of any money levied, and

for the payment of such damages and costs, as the Court thinks fit.

(2) The Court may also, if it thinks fit, on the same inquiry, impose

on the clerk or officer such fine, not exceeding- .£5 for each offence, as the

Court thinks fit.

(3) A clerk or officer against whom an order has been made or who

has been acquitted under this Article shall not be liable to an action in

respect of the same matter; and any such action, if begun, shall be stayed

hy the Court in such manner and on such terms as the Court thinks fit.

Authority within 100 miles of Coast.

80. —(1) Where a British subject, being in China or C

charged with having committed, either before or after the commencement thecoa8t miles ot

of this Order, any offence within a British ship at a distance of not more

than 100 miles from the coast of China, or within a Chinese or Corean

chip at such a distance as aforesaid, or within a ship not lawfully entitled

•to claim the protection of the flag of any State, at such a distance as

82 ORDERS IX COONCII.

aforesaid, any of His Majesty?s Gdiifts in Cliina or Corea within the

jurisdiction whereof he is found may cause him to be apprehended and

brought before it, and may take the preliminary examination and commit

him for trial.

(2) If the Court before which the accused is brought is a Provincial

Court, the Court shall report to the Supreme Court the pendency of the

case.

The Supreme Court shall thereupon direct in what mode and where-

the case shall be heard and determined^ and (notwithstanding anything

in" this Order) the case shall bO so heard ahd determined 'accordingly.

(3) The provisions of this Order relative to offences, and proceedings-

in criminal matters, shall in all respects, as far as may be, extend and

apply to every such case, in like manner as if the offence had been com-

mitted in China Or Corea.

jurisdiction of 81. Where a British'subject, being in Hongkong, is charged with

court’at

Hongkong Having

Order, any committed, either' within

crime or offence before any

or after the Chinesei,

British, commencement

or Corean of ship

this

at such a distance as aforesaid, the: Supreme COUrt at Hongkong shall

have' and may exercise authority and jurisdiction with respect to the

Appreiiecsmo crime182.or His

offenceMajesty’s

as fully Minister

as if it hadin been committed in any

Hongkong.

o eser rs. Supreme Court, any Consular officer inCliina

ChinaororCorea, judgeQ-overnor

Corea, or the of the

of Hongkong--on receiving satisfactory information that any soldier,

sailor, marine, or other person belonging to any of His Majesty’s military

or naval forces, has deserted therefrom, and has concealed himself in any

British ship at such a distance as aforesaid, may, in pursuance of such

information, issue his warrant for a search after and apprehension of

such deserter, and on being satisfied on investigation that any person so-

apprehended is such a deserter; shall cahse him to be, with all convenient

speed, taken and delivered1 over to bhe'nearest military station' of His

Majesty’s forces, or to the'officer in command of a ship of war of His

Majesty serving in China or Corea, as the case may require.

Deportation.

Deportation. 83.—(1) Where it: is proved- that there is reasonable "ground to

apprehend that a British subject is about to commit a breach of the

public peace—ox- that :the acts Or conduct of a British subject are or is

likely to;produce or excite to a breach 'of the public' peace!—the Court

may, if it thinks fit, cause him to- be brought before it, and require him

to give security to the satisfaction of the Court to keep the peace, or for

his future

; good behaviour, as the cash may require.

(2) Where a'British 'subjeTct is cbnrictea Of an offence before the

GOurt, the Court may; if-’it thinks fit, require him to give security to the

satisfaction of the Court for his future good behaviour, and for that

’purpose may (if need be) cause him to be brought before the Court.

(3) In either of the foregoing cases, -if the person required to give

s curity fails to do So,: the Court may brde'r that he be deported from

China or 'Corea to such place as t he Court’directs.

(4) The place shall he a place in some part (if any) of His Majesty’s

dominions to which the person’belongs, of' ti»e Government of which

consents

! to the reception of persons deported-under this Order.

’ (5) A Provincial Court shall report, to'the'Supreme Court any order

of deportation made by it and the grounds thereof, before the order is

executed. The Supreme Court may reverse the order, Or may confirm it

with or without variation, and in case of confirmation; shall direct it to

-be carried into* effect. - »

SUBJECTS IN CHINA AND COREA 83

(6) The person to be deported shall be detained in custody until a

fit opportunity for his deportation occurs.

(7) He shall, as soon as is practicable; and in the ease of a person

convicted, either after execution of the sentence or while it is in course of

execution, be embarked in custbdy under the warrant of the Supreme Court ,

on boardone of His Majesty’s ships of war, or, if there is no such ship

available, then On board any British or other fit ship bound to the place

of deportation.

(8) The warrant shall be sufficient authority to the commander or

master of the ship to receive and detain the' person therein named, and

to carry him to and'deliver Iiim up at the place named according to the

warrant.

(9) The Court may order the person to be deported to pay all or

any part of the expenses of his deportation. Subject thereto, the

•expenses of deportation shall be defrayed in such manner as the Secretary

•of State, with the concurrence Of the Treasury, may direct.

(10) The Supreme Court shall forthwith report to the Secretary of

State any order of deportation made or confirmed by it and the grounds

thereof, and shall also inform His Majesty’s Minister in China Or Corea

as the case may require.

(11) If any person deported under this or any former Order returns

to China or Corea without permission in writing of the' Secretary of

State (which permission the Secretary ;of State may give)-he shall be

deemed guilty of a grave offence against this Order; and he shall also be

liable to be forthwith again deported.

84. Where any person is-deported to Hongkong, he shall on his Dealing witk

arrival there be delivered, with the warrant under which he is. deported, pereonsat

into the custody of the Chief Magistrate of Police of Hongkong, who, on Hongkong,

receipt of the person deported, with the-warrant, shall detain him and

shall forthwith report the case to the G-overnor of Hongkong, who shall

either by warrant (if the oircurhstandes of the case appear to him to

make it expedient) cause the person so deported to be taken to England,

and in the meantime to be detained in custody (so that the period of

such detention do not exceed three months), or else shall dischar^O him

from custody.

1

' Appeal and Reserved Case.

85. —(1) Where a person is convicted of any offence before any Appeal and

Court— ! ‘ reserved ease.

(а) If he considers the conviction erroneous in law,-•then, on his

application, within the i prescribed time (unless it ; appears

merely frivolotis, when-it may be rfefused); or

(б) If the Judge thinks fit to reserve for consideration Of the full

Supreme Court any question- of law arising -on the trial;

the Judge shall state a case, setting out the facts and the grounds of the

conviction, and the question of law, arid send or deliver it to the

Registrar of the Supreme Court.

86,—(1) Where a case is stated under the last preceding Article, Procedure

the Court, before whom the trial Was.bad,; shall, as it thinks fit, either case sCa

postpone judgment-on the conviction, or. respite execution-of -the judg-

ment, and either commit the person convicted to prison,: or take security

for him to appear and receive judgment, or to deliver himself for

execution of the judgment (as the case may require) at an appointed

time and place. : - .

(2) The full Supreme;Court, sitting'without a jury or-assessors,

shall hear and determine the-matter, and thereupon shall reverse, affirm,

or amend the judgnierit-given, ' Or setxdt aside, and order an emiy to be

84 ORDERS IN COUNCIL

made in the Minutes that in the judgment of the Supreme Court the-

person ought not to have been convicted, or order judgment to be given

at a subsequent sitting of the Provincial Court, or order a new trial, or

make such other order as the Supreme Court thinks just, and. shall also

give all necessary and proper consequential directions.

<(3) The judgment of the full Court shall be delivered in open

Court, after the public hearing of any argument offered on behalf of th^

prosecutor or of the person convicted.

(4) Before delivering judgment, the full Court may, if necessary,,

cause the case to be amended by the Provincial Court.

: (5) The full Court shall not annul a conviction or sentence, or vary

a sentence, or order a new trial on the ground—

(a) Of any objection which, if stated during the trial, might, in the-

opinion of the Supreme Court, have been properly met by

amendment at the trial; or

(b) Of any error in the summoning of assessors; or

(c ) Of any person having served as assessor who was not qualified; or

(d) Of any objection to any person as assessor which might have-

been raised before or at the trial; or

( ej Of any informality in the swearing of any witness ; or

( f) Of any error or omission in the charge, or any informality in,

procedure which, in the opinion of the Supreme Court, did not

affect the substance of the case or subject the convicted person

to any undue prejudice.

Pnvy Council. King in Councilshall

Appeal to 87. There frombe anodecision

appeal ofin the

a criminal

Supremecase to except

Court, His Majesty the

by special

leave of His Majesty in Council.

Fugitive Offenders.

Fugitive

offenders. Removal Act, 1884, shall apply Act,

89. The Fugitive Offenders 1881,and

to China andCorea,

the Colonial Prisoners

as if those places-

were a British possession and part of His Majesty’s dominions.

Subject as follows :—

(a) His Majesty’s Minister in China or Corea, as the case may

require, is hereby substituted for the Governor or Government'

of a British possession ; and

(b) The Supreme Court is hereby substituted for a Superior Court

of a British possession.

(c) The Supreme Court and each Provincial Court is substituted

for a Magistrate of any part of His Majesty’s dominions.

(d) For the purposes of Part II. of the said Act of 1881, and of this-

Article in relation thereto, China, Corea, Weihaiwei and Hong-

kong shall be deemed to be one group of British possessions.

1Y.—Civil Mattees.

provision 89. Subject to the provisions of this Order, the civil jurisdiction of

to civil every Court acting under this Order shall, as far as circumstances admit,,

jurisdiction. be exercised on the principles of, and in conformity with, English law for

the time being in force.

Procedure.

All proceed-

ings to be 90. —(1) Every civil

taken by action,(2)andFornottheotherwise, and shall be designated an action.

purposes of any statutory enactment or other provision

applicable under this Order to any civil proceeding in the Court, am

H.B.M. SUBJECTS IN CHINA AND COEEA

actiotJ under this Order shall couiprise and be equivalent to a suit, cause,

or petition, or to any civil proceeding, howsoever required by any such

enactment or provision to be instituted or carried on.

91. —^(1) Every action shall commence by a summons of issued from

Commence-

ment

Court, on the application of the plaintiff, and served on the defendant (in action.

this Order referred to as an original summons) ; but notwithstanding

this provision, proceedings may be taken in and applications may be

made to the Court in particular classes of cases, in such manner as may

be prescribed by Rules of Court, or, where such manner is not so pre-

scribed, in such manner as like proceedings and applications are taken

and made in England.

92. —(1) Subject to the provisions of this Order, Trial byevery

jury' action in

Supreme Court which involves the amount or value of ^6150 or upwards in Supreme

shall, on the demand of either party in writing, filed in the Court seven

days before the day appointed for the hearing, be heard with a jury.

(2) Any other suit may, on the suggestion of any party, at any

stage, be heard with a jury, if the Court thinks fit.

(3) Any suit may be heard with a jury if the Court, of its own

motion, at any stage, thinks fit.

93. —(1) The Supreme Court may, if it thinks fit, hear any acti

with assessors. assessors.

(2) A Provincial Court shall (subject to the provisions of this

Order) hear with assessors every action which involves the amount or

value of <£150 or upwards.

(3) In all other cases a Provincial Court may, as it thinks fit, hear

the action either with or without assessors.

94. —(1) After the issue of a summons by any Court, the decis

of that Court may be given Upon a special case submitted to the Court

by the parties.

(2) Any decision of a Provincial Court may be given subject to a

case to be stated by, or under the direction of, that Court for the opinion

or direction of the Supreme Court.

95. Subject to the provisions of this Order and the Rules of Court, Costa,

the costs of and incident to all proceedings in the Court shall be in the

discretion of the Court, provided' that if the action is tried with a jury

the costs shall follow the event, unless the Court shall for good'cause

(to be entered in the Minutes) otherwise order.

Arbitration.

96. —(1) Any agreement in writing between any British subjects

between British subjects and foreigners to submit present or future

differences to arbitration, whether an Arbitrator is named therein or

not, may be filed in the Court by any party thereto, and, unless a con-

trary intention is expressed therein, shall be irrevocable, and shall have

the same effect as an order of the Court.

(2) Every such agreement is in this Order referred to as a submission.

(3) If any action is commenced in respect of any matter covered by

a submission, the Court, on the application of any party to the action,

may by order stay the action.

97. —(1) In any action— Referenceto of

actiqna

(a) If all parties consent, or

(b) If the matters in dispute consist wholly or partly of matters of Referees

account, or require for their determination prolonged examina-

tion of documents or any scientific or local examination:

the Court may at any time refer the whole action, or any question or

issue arising therein, for inquiry and report, to the Registrar or any

special Referee.

OBDEHS; IN COUNCIL

(2) -Tke report of the Registrar or special Referee may be adopted

wholly or partially by the Court,, and if so adopted may be enforced as a

judgment of‘the Court.,

; (3) The Court may also in any case, with the consent of both parties

to an actioi)„ ,or. of any parties between whom any questions in the action

arise (such consent, being, signified by a submission) refer the action or

the portions referred to in the,submission to arbitration, in such man-

ner and upon such terms as it shall think reasonable :or; just.

;(4) dn, all cases of reference' to.-a Registrar, special Referee, or

Arbitrator, under any order of the Court, the Registrar, special Referee,

or Arbitrator shall be deemed to be an officer of ;thg Court* and. shall

hate such: powers and authority, and shall conduct the reference or

arbitration, in such manner as may be prescribed .,by any Rules of Court,

and subjyof, thereto as the Court may direct.

Enforcement e 98,; Subject to Rules ,of iCoui't, the Court .shall'have authority to

"oVaward.81011 nfi>yce,

and any the

regulate submission, or any

proceedings beforeaward

and made thereunder,

after the award, inand-to control

such manner

and, jon^uch terms as the Court thinks fit.

• Bankruptcy. .

Bankruptcy. ( 99, Each Court shall, as far as circumstances admit, have, for and

within its own district, with respect to the.following classes,of persons

being'either resident in China'or Corea, or carrying on business there,

namely, resident British subjects and their debtors and creditors, being

British subjects, or foreigners submitting to the jurisdiction of the

Court, all such jurisdiction in bankruptcy as for tbe time being belongs

to the High Court and the County Courts in England. ,

Admiralty.

Admiralty

juns ic ion. £or an( 100,—(L)

j The

tpe Supreme

limits of Court shall have

this Order, Admiralty

and over jurisdiction

vessels and persons

confiihgs'within the same.

■ (P) The following enactments of the Colonial Courts of Admiralty

Act, 1890, that is to say, Section 2, Sub-sections (2) to (4).; Sections 5 and

6; Section 16, Sub-section (3) ; shall apply to the.Supreme Court as if

that Court were a Colonial Court of Admiralty,; and as if China and

Corea were a British possession; and for the purpose of this application

the expressions “ judgment” and “appeal” shall in the enactments so

applied have, the same yespeet ive meanings as, are • assigned thereto in

Section 1$, o-f the said Act.. , ,

Matrimonial. .

Matrimonial

jurisdiction. ^ and' 101.‘The

1

withinSupreme

'China' Court shall, aswithfarrespect,

and tjorea, as circumstances

to British admit,

subjects,have

all

such jurisdiction in matrimonial Causes except the jurisdiction relative

to' dissolution or nullity or jactitation of marriage^us for the time being

belbrfgs to''the High'Court in, England.

Lunacy. • '

Lunacy

jurisdiction. 102.—(1)within

ha,ve„jjoy.and The China

Supreme

and:Court

Corea,shall,, as farms

in relation .to circumstances admit,

British .subjects;, all

supb jurisdiction relative to the custody'and management of the persons

and' estates of,]unatics; as,for.Hie time being belongs to the Lord Chan-

cellor oy other Judge oy Judges in England intrusted by virtue of His

Majesty’s sign manual with the care and. commitment of -the custody of

the persons and estates of lunatics, and also such jurisdiction as may be

H.B.M. SUBJECTS IN CHINA AND COREA 8T

esef-cised in England by a judicial-authority ttMerihe 'froyisibns'p’f the

Lunacy'Act, 1890, or any Act arueridihg the siiine. '

(2) A Prdvihciair Court i^hall, as far as circumstances permit, have

ih-relation to British subjects, such jurisdiction relative io the Custody

and' management. of the persons and estates of lu'natics as for the time

being may be prescribed by Rules, of Court, and tintil sucii Rules'are

made, and so far as such Rules do not apply, as riiay 'lje’exercised in

England by a judicial ’ahthonty' and by the Masterh In Lunacy under the

provisions of the Lunkcy Act, 1890, or any Act amenalng the sanie.

(3) In any such case the Provincial CoUrt may, of its o'-vvii motion,

or on the1 application of any person interested, take or authorise such

steps as to the Court may seem necessary or expedient for thep.er'sbn and

property of any person appearing to the Court-tb be a luhatic, and may

from time to time revoke, or vary, or Supplement any order or proceeding

taken in the matter.

(4) Subject to the provisions of this Article arid to any Rules of

Court, a Provincial CoUrt shall not proceed in any'such matter except

under and according to the directions of the Supreme Court.

(5) Section's'5 to'? of the Luhatics Removal (India) Act, 1851 (14

and 15 Vick, cap. 81;); shall apply to China and Corea, with the sub-

stitution of “the Supreme Court” for , “the Supreme Court of Judicature

at any bf the Presidencies Of India.” . Provided that the 'jurisdiction of

the Supreme Court under thosec sectibnS may be exercised in' and for

Corea by the Provincial Court'at Seoul.

Probate arid Administration.

103. A11 reaPor immovable1 property situate in China or Corea, and Real property

belonging at the time of bis death to: any British subject' dying after the •» devolve as

commencement of this Order,-shall be deemed to be personal estate, and estate.

the devolution thereof, in case of intestacy, shall be regulated ttfccording

to the law of England for the time being1 relating-to personal‘bsfatel

104. —(1) The Supreme Court shall, as far as circumstanc

have, for and within China and:Corea, witlr gespect 'td tbdatilld ahd the of Courts,

property in China and Corea of decease'd'Rritish subjects; all sufeh

j urisdiction as for the time being bel'nhgs to'the'High"Court iri England.

'(2) A Provincial'Court shall have pdwer to grant' pi-O'bate. or •letters

of administration wliefe -thel*e'ife nd contention-retpeetiiig the^right-to

the grant.:

(3)- Probate or administration granted by a Cobrt 'uhder this Order

shall have effect over all the-property of ithej dbeeasted '-rt-ithih' China or

Corea, aud shall effectually discharge'persons dealing-with an!iexecutor or

administrator therenndei’,'notwithstanding that auv deferit aftefwai-ds

appears in the grant. ' ■ ' '■'"■ “ “

105. Section 51 of the Conveyancing (Scotland) Act, 1874','’and any Enactment

enactment for the time being in force amending Or'sdbsChbted fbr the “pp1'^-

same, ate hereby extended to'China and Corea with the addpmtiOh follow-

ing, namely :— • 11

The Supreme Cohrt’is htd eby’substituted-for a Ooilrf^bf Pi'Obat'e in

a Colony. • /•:.! nuitodnsrwijini.

106. -—(1) Where-'a'Cbnrt 'of ; Probate in the United Rillgdb

any British Possession 'tb. vthich the Colonial Probates Act,'l89'.,;!fi)r the colonial*

time being extends, has granted probate or letters of admiiiisfrarion or probate, &c.

confirmation in -reepect of the estate of k deceased pers-btty the^probate

letters of * confif imition So- granted may, (bn being produced to, aiid a

copy thereof-’dbpbsited-With, the Sdpretne Court, be sealed with’ the seal

of that Court, ';uid thereupon shall be of the like force cltd'! effect and

have the same operation as if granted by that Court. i ' J-: '

ORDERS IN COUNCIL

(2) Provided that the Supreme Court shall, before sealing any

probate letters or confirmation under this section, be satisfied either

that all probate or estate duty has been paid in respect of so much of

the estate, situated in China or Corea as is liable to such duty, or that

security has been given in a sum sufficient to cover the property (if any)

in China or Corea, and may require such evidence, if any, as it thinks

fit as to the domicile of the deceased person.

(3) The Supreme Court may, also, if it thinks fit,.on tbe applica-

tion of any creditor, require before sealing that adequate security be

given for the payment of debts due from the estate to creditors residing

in China or Corea.

(4) For the purposes of this Article, a duplicate of any probate,

letters of administration, or confirmation sealed with the seal of the

Conn granting the same, or a copy thereof certified as correct by or

under the authority of the Court granting the same, shall have, the same

effect as the original.

•Custody

propertyofof 107. —(1) Where a

•intestate. where, intestate, then, until administration is granted, his property in

China or Corea shall be vested in the Judge of the Supreme Court.

. (2) The Court within whose jurisdiction any property of the de-

ceased.is situated shall, where the circumstances of the case appear to the

Court so to require, forthwith on his death, or as soon after as may be,

take possession of his property within the particular jurisdiction, or put

any such property under the seal of the Court (in either case if the

nature of the property or other circumstances so require, making an

inventory), and so keep it until it can be dealt with according to law.

Executorto

failing 108. If any person named executor in the will of the deceased takes

probate. possession of and administers or otherwise deals with any part of the

property of the deceased, and does not obtain probate within one month

after the death, or after the termination of any suit or dispute respect-

ing probate or administration, he shall be guilty of an offence and shall

be liable to a fine not exceeding <£50.

Administering

-estate without 109. If any person, other than the person named administrator or an

authority. executor or an officer of the Court, takes possession of and administers

or otherwise deals with any part of the property of a deceased British

subject, whether resident or not, he shall be deemed guilty of a contempt

of Court, and shall be liable to a fine not exceeding £50.

Death orof 110. Where a person appointed executor in a will survives the

■efailure

xecutor. testator, but either dies without having taken probate, or, having been

called on by the Court to take probate, does not appear, his right in re-

spect of the executorship wholly ceases: and without further renuncia-

tion the representation to the testator and administration of his pro-

perty shall go and may be committed as if that person had not been

appointed executor.

Testamentary

papers to inbe 111. —(1) Where

deposited other such subject having in his possession, or under his conti'ol, any

paper or writing of the deceased, being, or purporting to be testament-

ary, shall forthwith bring the original to the Court within whose parti-

cular jurisdiction the death happens, and deposit it there.

If any person fails to do so for fourteen days after having knowledge

of the death of the deceased, he shall be guilty of an offence and liable

to a fine not exceeding £50.

(2) Where it is proved that any paper of the deceased, being or

purporting to be testamentary, is in the possession or under the control

of a British subject, the Court may, whether a suit or proceeding

respecting probate or administration is pending or not, order him to

produce the paper and bring it into Court.

H.B.M. SUBJECTS IN CHINA AND COEEA

(3) Where it appears to the Court that there are reasonable grounds

for believing that any person has knowledge of any paper being, or

purporting to be, testamentary (although it is not shown that the paper

is iu his possession or under his control), the Court may, whether a1 suit

or proceeding for probate or administration is pending or not, order

that he be examined respecting it before the Court or elsewhere, and

that he do attend for that purpose, and after examination order that

he do produce the paper and deposit it in Court.

112. Where it appears to the Court that the value of the property Administra-

or estate of a deceased person does not exceed =850, the Court may, ^°;,88mall!

without any probate or letters of administration, or other formal proceeding,

pay thereout any debts or charges, and pay, remit, or deliver any surplus

to such persons, subject to such conditions (if any) as the Court thinks

proper, and shall not be liable to any action, suit, or proceedings in

respect of anything done under this Article. Provided that a. Provincial

Court shall not exercise the powers of this Article except with the

approval of the Supreme Court. Every proceeding of the Court under

this Article shall be recorded in the Minutes.

Appeals and Rehearings.

113. -—(1) Where an action in a Provincial Court Appeal to-involves the a

for value of <£25 or upwards, any party aggrieved by any decision of that Supreme

Court, with or without assessors, in the action shaH have the right,to

appeal to: the Supreme Court against the same, on such terms and

conditions as may be prescribed by Rules of Court.

(2) In any other case, the Provincial Court may, if it seems just and

expedient, give leave to appeal on like terms.

(3) In any case the Supreme Court may give leave to appeal on

such terms as seem just.

114. —(1) The Supreme Court may, if it thinks Rehearing

fit,i»on the appl

of any party or of its own motion, order a rehearing of an action, or of an Supreme

appeal, or of any arguments on a verdict or on any other question of

law.

(2) The provisions of this Order respecting a hearing with a jury

or assessors shall extend to a rehearing of an action.

(3) The Supreme Court may, if it thinks fit, direct any rehearing to

be before the full Court.

(4) If the party applying for a rehearing has by any order .been

ordered to pay money or do any other thing, the Court may direct either

that the order be carried into, execution, or that the execution thereof be

suspended pending the rehearing, as it thinks fit.

(5) If the Court directs the order to be carried into execution, the

party in whose favour it is given shall before the execution give security

to the satisfaction of the Court for the performance of such order as

shall be made on the rehearing.

(6) If the Court directs the execution of the order to he suspended,

the party against whom it is given shall, before an order for suspension

is given, give security to the satisfaction of the Judge for performance of

such order as shall be made on the rehearing.

(7) An application for a rehearing shall be made within the pre-

scribed time.

Appeals to His Majesty in Council.

115. —(1) Where a final judgment or order of the Suprem

made in a civil action involves the amount or value of <£500 or upwards, Pnvj’ 0ouncl1

any party aggrieved thereby may, within the prescribed time, or, if no

*90 ORDERS IN COUNCIL

time is prescribed, within fifteen days after the same is made or given,

apply by motion to the Supreme Court for leavedo appeal, to 11 is Majesty

the King in Council.

(2) The applicant shall give security to the satisfaction of the Court

to an aroount not exceeding =£500 for prosecution of the appeal, and for

such costs in i the event of the dismissal of the appeal for want of pro-

secution as the Supreme Court may award, and for payment of all such

costs as may be awarded to any respondent by Kis Majesty in Council,

or by the Lords of the Judicial Committee of Ilis Majesty’s Privy

Council.

(&) He shall also pay into the Supreme Court a sum estimated by

that Court to be the amount of the expense of the making up and trans-

mission to England.of the transcript of the record.

(4) If security , and payment are so given and made wit!) in two

months from the filing of the motion-pap>er for leave to appeal, then, and

not otherwise, the Supreme Court shall give leaye.to appeal, and the

appellant shall be at liberty to prefer and prosecute his appeal to His

Majesty in Council according to the rules for the time being in force

respecting appeals to His Majesty in Council from his Colonies, or such

other rules as His Majesty in Council fropi time to time thinks

fit to make concerning appeals from the Supreme Court.

(5) In any case the Supreme Court, if it considers it just or expedient

to do : so, may give leave to appeal on the terms and in the manner

aforesaid.

Execution applied

pending 116.-^(1)by Where leave to appeal to His or-do

Majesty inotherCounciltheis

appea,. SupremeforCourt a person

shall directordered

either that to pay

themoney

order appealedanyfrom beact,

carried

into execution, or that the execution thereof be suspended pending the

appeal, as the Court thinks just.

(2) If the Court directs the order to he carried into execution, the

person in whose favour it is made shall, befofe the execution of it, give

security to the satisfaction of the Court for performance of such order

as His Majesty in Couilcil may think fit to make. -

(3) If the Court directs the execution of the order to be suspended

the party against whom it is given shall, before an order for suspension

is made, give security to the satisfaction of the Court for performance of

such order as His Majesty in Council may think fit to make.

Aopea' leave.

special by t any117,time, ThisonOrder shall notpetition

the humble affect the

of aright

personof aggrieved

His Majestyby ina decision

Council

a

of the Supreme Court, to admit his appeal thereon on such terms and in

such manner as His Majesty in Council may think fit, and to deal with

the decision appealed from in such manner as may be j ust.

Y.—Procedure, Criminal, and Civil.

proceedings. gjjaU be drawn up,everyandcase,

Minutes of 118.—(1) In shallcivilbeorsigned

criminal,

by Mimites

the Judgeofbefore

the proceedings

whom the

proceedings are taken, and shall, where the trial is held with assessors,

be open for their inspection and for their signature if concurred in by

them.

(2) These Minutes, with the depositions of witnesses, and the notes,

of evidence taken at the hearing or trial by the J udge, shall be preserved

Rules in the

up.public

Theoffice

Judgeof ofthetheCourt.

Supreme Court may make Rules of Court—

(«.) Eor regulating the pleading practice and procedure in the Courts

established under this Order with respect to all matters within

the jurisdiction of the respective Courfo;

H.B.M. SUBJECTS IN CHINA AND COREA 91

(b) For regulating the means by which particular facts may be

proved in the said Courts; ;

(o) For prescribing any forms to be used;

(d) For prescribing or regulating the duties of the bfhdeM of the

said Courts ; .v '

(e) For prescribing scales of costs and regulating any'Jmatters in

conhecti'on therewith ;

(f) For prescribing and enforcing the fees to be taken in respect

of any proceedings under this Order, not exceeding, as regards

any matters provided for by the Consular Salaries and'Fees Act,

1891, fees fixed and allowed from time to time by any Order in

Council made under that Act;

(g) For'prescribing the allowances to be made in criminal cases to

complainants, witnesses, jurors, assessors, interpreters, medical

practitioners, and other persons employed iii the adfhinietratio.n

of «)ustice■ and the conditions upon :which an order mat be made

by the Court for such allowances ;

(h) For taking and transmitting'depositions of witnesses for use at

trials in a British possession ojr in the United Kingdom;

(i) For regulating the mode in which legal practitioners are to be

admitted to practise as such, and for withdrawing’pbsuspending

the right to practise on grounds of misconduct, subject to a

right of appeal to His Majesty m CbUncil. • • ' *

Where under any Act of Parliament which is applicable to China

and Corea, Eules mny or are required to be made in England by the.Lord

Chancellor or,any Judicial authority, the powers of :this Article shall

include a power to, make rsuch Eules for the purposes of . that Apt so; far

as applicable.

Eules framed under this Article shall not have effect Until approved

by the Secretary of State and, so far as they relate to fees and: costs,

sanctioned by the Treasury; but in case of urgency declared in any such

Rules with the approval of His Majesty’s, Minister, the, same shall have

effect unless and until they are disapproved by the .Secretary ,of State

and notification of such disapproval is recorded and published by the

Judge of.the Supreme,Court.

•Until such rules , have, been made, or in relation to matter^ to which

they do not. extend, a Court may adopt and,use any procedure or forms

heretofore in , use in the Consular, Courts in China or .CorOa, or any

Regulations or Rules made thereunder and in force,immediately before

the commencement of this Order, with any modifications or adaptations

which may be.pepessary. •

120:—(4) The Court may, in any case, if it thinks fitytm account of Power to

the poverty of a party, or for any "other redson, to be recorded In’the p^ment oftbl

Minutes, di spense with or' remit the payment of any fee ie whole Court fees,

or in part.

(2) Payment of fees payable Under any Rules to be i made in pur-

suance of this Order, and of costs and-of charges and expenses, of

witnesses, prosecutions* punishments-, and deportations and of • other

charges and expenses, and of fines respectively payable under this Order,

may be enforoed under order of the Court by seizure and sale of goods, and

on default of sufficient goods,, by imprisonment as a civil prisoner for a term

not exceedingor one

satisfaction month, but such

extinguishment of theimprisonment

liability. shall not Operate as a

(3) Any, bill1 - of sale or mortgage, or transfer of property made with

a view of avoiding seizure or sale of goods or ship Under any'provision of

this Order, shall not be effectual to defeat the provisions of this Order.

ORDEBS IN COUNCIL

Appearance. 121.—(1) Every person doing an act or taking a proceeding in the

Court as plaintiff in a civil case, or as making ei criminal charge against

another person, or otherwise, shall do so in his own name and not other-

wise, and either—

(a) By himself; or

( b),,By a legal practitioner; or

(c) By his attorney or agent thereunto lawfully authorized in

writing and approved by the Court.

. (2) Where the act is done or proceeding taken by an attorney or by

an agent (other than a legal practitioner), the power of attorney, or

instrument, authorizing the agent, or an authenticated copy thereof, shall

be first filed in the Court.

(3) Where the authority has reference only to the particular pro-

ceeding, the original document shall be filed.

(4) Where the authority is general, or has reference to other matters

in which the attorney or agent is empowered to act, an authenticated

copy of the document may be filed.

(5) Any person doing any act or taking any proceeding in the Court

in the name or on behalf of another person, not being lawfully authorized

thereunto, and knowing himself not to be so authorized, is guilty of a

wit nesses. contempt of Court.

122.—(1) In any case, criminal or civil, and at any stage thereof,

the Coui't either of its own motion or on the application of any party,

may summon a British subject to attend to give evidence, or to produce

documents, or to be examined ; but a Provincial Court shall have power

so to summon British subjects in its own district only.

(2) If the person summoned, having reasonable notice of the time

and place at which he is required to attend, and (in civil cases) his reason-

able expenses having been paid or tendered, fails to attend and be sworn,

and give evidence, or produce documents or submit to examination

accordingly, and does not excuse his failure to the satisfaction of the

Court, he shall be guilty of an offence against this Order.

(3) Persons of Chinese, Corean, or other Asiatic origin or nationality

shall be deemed to be persons allowed by law to affirm or declare instead

of swearing.

(4) Any person appearing before the Court to give evidence in any

case, civil or criminal, may be examined or give evidence in the form or with

the ceremony that he declares to be binding on his conscience.

(5) If in any case, civil or criminal, a British subject wilfully gives

false evidence in the Court, or on a reference, he shall be deemed guilty

of wilful and corrupt perjury.

^accused 123. Whenever

,persons. or imprisonment or under

by waythisof Order any person

deportation or forisanyto other

be taken for trialto

purpose,

the Supreme Court or elsewhere in China or Corea, or to Hongkong,

England, or elsewhere, the Court or other authority by this Order

authorized to cause him to be so taken, may for that purpose (if neces-

sary) cause him to be embarked on board one of His Majesty’s ships of

war, or if there is no such ship available, then on board any British or

other fit ship, at any port or place whether within or beyond the parti-

cular jurisdiction or district of that Court or authority, and in order to

such embarkment may (if necessary) cause him to be taken, in custody

or otherwise, by land or by water, from any place to the port or place of

embarkment.

The writ, order, or warrant of the Court, by virtue whereof any

person is to be so taken, shall be sufficient authority to every constable,

officer, or other person acting thereunder, and to the commander or

master of any ship of war, or other ship (whether the constable,, officer,

H.B.M. SUBJECTS IN CHINA AND COEEA

•or other person, or the ship or the commander or master thereof, is

maraed therein or not), to receive, detain, take, and deliver up such

person, according to the writ, order, or warrant.

Where the writ, order, or warrant is executed under the immediate

•direction of the Court or authority issuing it, the writ, order or warrant

«hall be delivered to the constable, officer, or other person acting there-

under, and a duplicate thereof shall be delivered to the commander or

master of any ship in which the .person to whom the writ, order, or

■warrant relates is embarked.

Where the writ, order, or warrant issues from the Supreme Court,

•and is executed by a Provincial Court, a copy taereof certified under the

•seal of the Court executing the same shall be delivered to the constable,

officer, or other person acting thereunder, and to the commander or

master of any ship in which the person taken is embarked; and any such

copy shall be for all purposes conclusive evidence of the order of which

it purports to be a copy.

124. Subject to the other provisions of this Order, all expenses of Expenses of

removal.

sremoval of prisoners and others from or to any place in China or Corea,

er from or to Hongkong, and the expenses of deportation and of the

sending of any person to England, shall be defrayed in such manner as

the Secretary of State from time to time directs.

Any master of a British ship when required shall be bound to take

•such persons for a reasonable remuneration, to be determined by a

Judge of the Supreme Court, and in case of non-compliance shall be

liable to a penalty not exceeding £50.

125. The following Acts, namely:— enactments

The Foreign Tribunals Evidence Act, 1856;

The Evidence by Commission Act, 1859 ; to evidence.as

The Evidence by Commission Act, 1885;

or so much thereof as is for the time being in force, and any enactment

for the time being in force amending or substituted for the same, are

liereby extended to China and Corea, with the adaptation following,

namely:—

In the said Acts the Supreme Court is hereby substituted for a

Supreme Court in a Colony.

126. The following Acts, namely:— The

Acts,following

namely.

The British Law Ascertainment Act, 1859 ;

The Foreign Law Ascertainment Act, 1861;

■or so much thereof as is for the time being in force, and any enactment

for the time being in force amending or substituted for the same, are

hereby extended to China and Corea, with the adaptation following,

■namely:—

In the said Acts the Supreme Court is hereby substituted for a

Superior Court in a Colony.

127. The Public Authorities Protection Act, 1893, shall extend and Protection

poblic officersof

apply to China and Corea, as if China and Corea were therein mentioned

in place of the United Kingdom, and as if this Order and any other Order

relating to China or Corea, and any Regulations or Rules made under

any such Order were therein referred to, in addition to any Act of

Parliament.

128. The Supreme Court may, if it thinks fit, order that a Com- Evidence by

Commission.

mission do issue for examination of witnesses at any place out of China

and Corea on oath, by interrogatories or otherwise, and may by order

give such directions touching the time, place, and manner of the examina-

tion, or anything connected therewith, as to the Court appear reasonable

and just.

94 OBDERS IN COUNCIL

VI.—Mortgages: and Bills of Sale,

■Mortgages.

ofRegistration

mortgagee. 129. A deed or other instrument of mortgage,, legal or equitable, of

lands or houses in China or Corea, executed by a British subject, may

be registered at any time after its execution at . the Consulate of the

Consular district wherein the property mortgaged is situate.

130. Registration is made as follows :—The original and a copy of

the deed or other instrument of.mortgage, and an affidavit verifying the

execution and place of execution thereof, and verifying the copy, are

Time for brought into the Consulate and the copy and affidavit are left there.

registration 131. If a deed or other instrument of, mortgage is not registered at

the Consulate aforesaid within the respective; time following, namely :—

(1) Within fourteen days after its execution, where it is executed in

the Consular district wherein the property mortgaged is situate

(2) Within two months, afterrifs execution, where it is executed in

China or Corea, elsewhere than in that Consular district, or in

Weiliai wei pr Hongkong;

(3) , Within six m

where than in China, pdrea,iV’eilraiw.ei or Hongkong ;

then, and in every such ease;.fhe[ mortgage debt secured by the deed or

other instrument and the interest, thereon shall not have priority over

judgment

that deed oror other

simpleinstrument.

contract debts contracted before, the registration of

132. Registered deeds or other instruments of mortgage, legal or

equitable, of the same lands or houses have, as among themselves,

priority in order of registration.

Rules forof

indexes 133. His Majesty’s Minister may, with the approval of the Secretary

mortgages. of State, make Rules for prescribing and regulating the making and

keeping of indexes, and of a general index, to the register of mortgages,

and searches in. those indexes, and other particulai-s connected with the

making, keeping, and using of those registers and indexes, and for

authorizing and regulating the unregistering of any deed or other

instrument of mortgage, or the registering of any release or satisfaction

in respect thereof.

Bill of Sale.

Toof sale

whatthisbill 134. The provisions of this Order relating to bills of sale:—

Order applies. (1) Apply only to such bills of sale executed by British subjects as

are intended'to affect chattels in China dr Corea ;

(2) Do not apply to bills of sale given by sheriffs or others under

Contents or in execution of process authorizing seizure of chattels.

bill of sale.of 135. —(1) Ev

(a) Jt must state truly the name, description, and address of the

. . grant or.

(5) It must state :truly the, consideration for which .it is granted.

(c) It must have annexed thereto, or vyritten thereunder an inventory

of the chattels intended to be,eomprised therein.-

(cZ) Any defeasance, condition, or declaration of trust affecting the

bill not contained in the body: of :the bill must be written on

the same paper as the bill. ,

(e) The execution of the, bill must be) attested .by a credible witness,

with his address and description. .....

(2) Otherwise, the, bill is void in China and . in Corea to the extent

following, but not further, that is to say —

H.B.M. SUBJECTS IN CHINA AND COREA 95

(a) In the case of failure to conform with the rule respecting

an inventory, as far as regards cliattels omitted from the

inventory; and

, . (h) In any other, case, wholly.

; (3) Thg inventory, and any defeasance, .condition, or declaration as

aforesaid, respectively, is for all purposes deemed part of the bill.

136. A bill of s.ale conforming, or appearing to. conform, with the Timcfor

foregoing rules, may be registered, if it is intended to aifect chattel8-il*>

Ohina or Corea, at the Supreme Court or at the Consulate of the

Consular district wherein the chattels are, within the respective time

following and not afterwards, namely:—

(1) Within fourteen days after its execution, where it is executed

in the Consular district wherein the chattels are ;

(2) Within two meRths after its execution, where it is executed in

China or in Corea elsewhere than in that Consular district, or

in Weihaiwei or Hongkong ;

(3) Within six months after its execution, where it is executed else-;

where than in China, Corea, Weihaiwei, or Hongkong. . .

137. .Registration is made as follows:—The original and a copy of Mode of

the bill of .sale, and, an affidavit verifying: the execution, and the time mu!86*””8

and place of execution, and the attestation thereof, and verifying the

copy, are brought into the proper office of the Court or the Consulate;,

and the copy and affidavit are left there.

138. If a bill of sale is not registered at a place and within the time Penalty for

by this Order appointed and allowed for registration thereof, it is, from

and after the expiration of that time, void in China or in Corea, according

as that place is in China or in Corea, to the extent following, but not

further, that is to say;—

(1) As against trustees;Or assignees of the estate of the graritpr,, in

of under bankruptcy, liquidation, or assignment for the benefit

of creditors; and

(2) As against all sheriffs and others seizing chattels under process

of any Court, and any person on whose behalf the seizure is

made; but only ■

(3) As regards the property in, or right to, the possession of such

chattels comprised in the bill as, at or after the filing of the

petition for bankruptcy or liquidation, or the execution of the

assignment, or the seizure, are in the grantor’s possession, or

apparent possession.

139. Registered bills of sale affecting the same chattels have as priority,

among themselves priority in order of registration.

140. Chattels comprised in a registered bill of sale are not in the Effect of bin

possession, order, or disposition of the grantor within the law of bank-

ruptcy.

141. If in any case there is an unregistered bill of sale, and within Subsequent

or on the expiration of the time by this Order allowed for registration

thereof, a subsequent bill of sale is granted affecting the same or some

of the same chattels, for the same or part of the same debt, then the

subsequent bill is, to the extent to which it comprises the same chattels

and is for the same debt absolutely void, unless the Court is satisfied that

the subsequent bill is granted in good faith for the purpose of correcting

some material error in the prior bill, and not for the purpose of unlawfully

evading the operation of this Order.

142. The registration of a bill of sale must be renewed once at least Time for

every five years. renewal

143. Renewal of registration is made as follows:—An affidavit stating Mode of

the date of and parties to the bill of sale, and the date of the original r®new,a*

96 orders in Council

registration, and of the last renewal, and that the bill is still a subsisting:

security, is brought in to the proper office df the Court or the Consulate

of original registration, and is left there.

Failure to 144. If the registration of a bill of sale is not so renewed in any

period of five years, then on and from the expiration of that period the bill

is deemed to be unregistered.

Application

tobills.subsisting 145. The provisions of this Order relating to renewal apply to bills

of sale registered under the Orders in Council repealed by this Order.

Transfer

bills. of 146. A transfer or assignment of a registered bill of sale need not

be registered; and renewal of registration is not necessary by reason only

Expiration of of such a transfer or assignment.

147. Where the time for registration or renewal of registration of a

Sunday. bill of sale expires on a Sunday, or other day on which the office for

registration is closed, the registration or renewal is valid if made on the

Failure tomay first subsequent day on which the office is open.

register 148. If in any case the Court is satisfied that failure to register or

be rectified. to renew the registration of a bill of sale in due time, or any omission or

mis-statement connected with registration or renewal, was accidental or

inadvertent, the Court may, if it thinks fit, order the failure, omission, or

mis-statement to be rectified in such manner and on such terms, if any,

respecting security, notice by advertisement or otherwise, or any other

matter, as the Court thinks fit.

Bills executed

before this 149. The provisions of this Order apply to a bill of sale executed

Order comes before the commencement of this Order.

150. The power conferred on the Judge of the Supreme Court by

Rules for

indexes to this Order of framing Rules from time to time extends to the framing of

Rules for prescribing and regulating the making and keeping of indexes,,

and of a general index, to the registers of bills of sale and searches in

those indexes, and other particulars connected with the making, keeping,

and using of those registers and indexes, and for authorizing and regulating:

the unregistering of any bill of sale, or the registering of any release or

satisfaction in respect thereof.

VII.—Foreign Subjects and Tribunals.

Actions

and by

against 151. —(1) Where a

foreigners. the Court an action against a British subject, or a British subject desires

to institute or take in the Court an action against a foreigner, the Court

shall entertain the same, and shall hear and determine it, according to-

the ordinary course of the Court.

(2) Provided that the foreigner, if so required by the Court, first obtains

and files in the Court the consent in writing of the competent authority

on behalf of his own nation to his submitting, and does submit, to the

jurisdiction of the Court, and, if required by the Court, give security to

the satisfaction of the Court, and to such reasonable amount as the Court

thinks fit, by deposit or otherwise, to pay fees, damages, costs, and expenses,

and abide by and perform such decision as shall be given by the Court

or on appeal.

(3) A cross-action or counter-claim shall not be brought in the

Court against a plaintiff, being a foreigner.

(4) Where a foreigner obtains in the Court an order against a

defendant being a British subject, and in another suit that defendant is

plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on

the application of the British subject, stay the enforcement of the order

pending that other suit, and may set off any amount ordered to be paid

by one party in one suit against any amount ordered to be paid by the-

other party in the other suit.

H.B.M. SUBJECTS IN CHINA AND COREA 97

(5) Where a plaintiff, being a, foreigner, obtains an order in the

Court against two or more defendants being British subjects jointly, and

in another action one of them is plaintiff and the foreigner is defendant

the Court may, if it thinks fit, on the application of the British subject,

stay tin? enforcement of the order pending that other action, and may set

off any amount ordered to be paid by one party in one action against any

amount ordered to be paid by the other party in the other action, without

prejudice to the right of the British subject to require contribution from

his co-defendants under the joint liability.

(6) Where a foreigner is co-plaintiff in a suit with a British subject

who is within the particular jurisdiction, it shall not be necessary for the

foreigner to give security for costs, unless the Court, so directs, but the

co-plaintiff British subject shall be responsible for alt fees and costs. Attendance

152. —-(1) Where it is proved that the attendance British within the

cular jurisdiction of a British subject to give evidence, or for any other otsubjects

purpose connected with the administration of justice, is required in a Chinese or

Court of China or Corea, or before a Chinese or Corean judicial officer, or Tribunals.

in a Court or before a judicial officer of a State in amity with His

Majestv, the Court may, if it thinks fit, in a case and in circumstances

in which the Court would require his attendance before the Court, order

that he do attend in such Court, or before such judicial officer, and for

such purpose as aforesaid.

(2) A Provincial Court, however, cannot so order attendance at any

place beyond its particular jurisdiction.

(3) If the person ordered to attend, having reasonable notice of the

time and place at which he is required to attend, fails to attend accord-

ingly, and does not excuse his failure to the satisfaction: of the Court,

he shall (independently of any other liability) be guilty of an offence

against this Order.

153. When a British subject invokes of submits to the jurisdiction Actions

British byin

of a. Chinese, Corean, or foreign Tribunal, and engages in writing to Chinese

abide by the decision of that Tribunal, or to pay any fees or expenses subjects

foreign or

Court.

ordered by such Tribun alto he paid by him, the Supreme Court, or any

Provincial Court may, on such evidence as it thinks fit to require,

enforce payment of such fees and expenses in the same manner as if they

were fees payable in a proceeding by such person in that Court, and shall

pay over or account for the same when levied to, the proper Chinese,

Corean, or foreian authority, as the Court may direct.,

154. —(1) The Supreme Court may upon Garnishee

the application

recovery or payment of money in a foreign Court in China or Corea foreign inproceedings

British subject or foreigner who has obtained a judgment or order for the judgmentaid of of

against a person subject to the jurisdiction of that Court, and upon a Court.

certificate by the proper officer of the foreign Court that such judgment

has been recovered or order made (specifying the amount), and that it is

still unsatisfied, and that a British subject is alleged to be indebted to

such debtor and is within the jurisdiction, order that all debts owing or

accruing from such British subject, (hereinafter called the garnishee) to

such debtor shall be attached to answer the judgment or order; and by

the same or a subsequent order, may order the garnishee'to pay his debt

or so much as may be sufficient to satisfy the judgment or order of the

foreign Court.

(2) The proceedings for the sutumoping of the garnishee, for the

ascertainment of his liability, and for the payment of money ordered by

the Court to be paid, and all matters for giving effect to this Article, may

be regulated by Rules of Court.

(3) An order shall not be made under this Article unless the Court

is satisfied that the foreign Court is authorized to exercise similar powei

ORDERS nsi COUNCIL

in the case of a debt due from a person subject to the jurisdiction of that

Court to a British subject against whom a judgment has been obtained in

a Court established under this Order.

YIII.—Begulations .

155. His Majesty’s Ministers in China and Corea shall have power

collectively with respect to China and Corea or any parts thereof, or

severally with respect to China Or Corea, or any parts thereof as the case

may be, to make Begulations (to be called King’s Begulations) for the

following purposes, that is to say:—

(a) For the peace, order, and good government of British subject s

in relation to matters not provided for by this Order, and to

matters intended by this Order to be prescribed by Begulation.

(b) For securing the observance of any Treaty for the time being in

force relating to any place or of any native or local law or custom

whether relating to trade, commerce, revenue, or any other

matter.

(c) For regulating or preventing the importation or exportation in

British ships or by British subjects of arms or munitions of war,

or any parts or ingredients thereof and for giving effect to any

Treaty relating to the importation or exportation of the same.

(d) For requiring returns to be made of the nature, quantity, and

value of articles exported from or imported into his district,

any part thereof, by or on account of any British subject who is

subject to this Order, or in any British ship, and for prescribing

the times and manner at or in which, and the persons by whom,

such returns are to be made.

(2) Any Begulations made under this Article may provide for

forfeiture of any goods, receptacles, or things in relation to which, or to

the contents of which, any breach is Committed of such Begulations, or

of any Treaty or any native or local law or custom, the observance of which

is provided for by such Begulations.

(3) Any person committing a breach of any such Begulations shall,

in addition to any forfeiture prescribed thereby, be liable, on conviction,

to imprisonment, for a period not exceeding three months, or to a fine, or

to both.

(4) Any fine imposed for a breach of Begulations shall not exceed

.£50: Provided that where the breach is of any Begulation relating to

customs law, or to the importation or exportation of any goods, the fine

may extend to a sum equivalent to treble the value of the goods in relation

to which the breach is committed.

156. His Majesty’s Ministers in China and Corea respectively, in

the exercise of the powers aforesaid, may, if they think fit, join with the

Ministers of any foreign Powers in amity with His Majesty in making or

adopting Begulations for the municipal government of any foreign con-

cession or settlement in China or Corea as the case may be; and as regards

British subjects, such joint Begulations shall be as valid and binding as

if they related to British subjects only.

157. ->—(a) Begulatious

have effect as respects British subjects unless and until they are approved

Dy His Majesty the King, that approval being signified through the

Secretary of State—save that, in case of Urgency declared in any such

Begulations, the same shall take effect before that approval, and shall

continue to have effect unless and until they are disapproved by His

Majesty the King, and until notification of thkt disapproval has been

received and published by His Majesty’s Minister in China or Corea as

the case may be.

H.B.M. SUBJECTS IN CHINA AND COREA

(b) Any Regulations wheii so approY.ed, and, published as provided

by this Order, shall have effect as if contained in this Order.

158. —-(1) All Eegulatiopsapproyedunderdhis.Oi’^er, Publication ot wheth

ing penalties or not, shall be printed, and a pjuntecl cppy thereof shall be Regulations.

affixed, and be at all times kept exhibited conspicuously, in the public office

of each Consulate in China and Corea.

(2) Printed copies of the Regulations shall be kept on sale at such

reasonable price as His Majesty’s Minister,fronp time to time directs.

(3) A printed copy, of any Regulations purporting to be made under

this Order, and to be certified under the hand of His Ma}esty’s , Minister

in China or Corea, or under the hand and Consular seal of one of His

Majesty’s Consular officers in China andOoreaj shall be conclusive evidence

of the due making of such Regulations.

159. The respective powers aforesaid^ .extend to the making'of

Regulations for the governance, visitation, Cafe, and’ .superinfende.nce of Regulations-.

prisons in China or in Corea, for the removal of prisoner^ from one prison

to another, and for the infliction of corporal or other punishment op

prisoners committing offences against the rules or discipline pf a prison ;

but the provisions of this Order respecting penalties, and respecting the

printing, affixing, exhibiting, and sale of Regulations, and the mode of

trial of charges of offences against Regulations,Mo not apply to Regula-

tions respecting prisons and offences of prisoners,

IX. MlSCELLANEOtrS. ,

160. Nothing in this Order shall deprive the Court of the right to Customs may

observe, and to enforce the observance of, or shall deprive any person .of be observed.

the benefit of, any reasonable custom existing, in China or Corea, unless

this Order contains some express and ,specific provision incompatible with

the observance thereof.

161. Nothing in this .Order shall prevent any.,Cbnsular officer in

China or Corea from,doing anything which His Majesty’s Cpnsuls in the

dominions of any other State in amity with His Majesty are,,for the time

being, by law, usage, or sufferance, entitled or enabled to do. Registration-

162. —(1) Every British subject residept shall, Britishin January

year, register himself at the Consulate < of the .Consular district within ofsubjects.

which he is resident: Provided that—

(a) The registration, of a man shall comprise,the. registratipn .of bis

wife, if living with him ; and

(b) The registration of the head of a family.shall be, deemed to com-

prise the registration of all females and,* minors .beiug his rela-

tives, in whatever degree, living under the same roof with him

at the time of his registration.

(2) The Consular officer may, without fee, register any British sub-

jects being minors living in the houses .of foreigners.

(3) Every British subject arriving at. a place in China or Corea

where there is a Consular office, unless borne on, iRe, muster-roll of a

British ship there arriving, shall, on the expiration of one month , after

arrival, be deemed, for the purposes of this article,, to be resident, and

shall register himself accordingly.

(4) A person shall not be required fo register himself oftener than

once in a year, reckoned from the 1st January. i

(5) The Consular officer shall yearly give to each person registered

by him a certificate of registration, signed by him and sealed with his

Consular seal.

(6) The name of a wife, if her registration is comprised in her

husband’s, shall, unless in any case the Consular officer sees good reason

to the contrary, be indorsed on the husbamFs certificate.

*4

100 ORDERS IN COUNCIL

(7) The names and descriptions of females and minors whose

registration is comprised in that of the head of the family shall, unless in

any case the Consular officer sees good reason to the contrary, be indorsed

on the certificate of the head of the family.

(8) It shall be lawful by King’s Regulations to require that every

person shall, on every registration of himself, pa!y such fee as may therein

be prescribed, not exceeding 2 dollars in China and 2 yen in Corea; and

such Regulations may provide that any such fee may either be uniform

for all persons, or may vary according to the position and circumstances

of different classes.

(.9) The mode of registration may be prescribed by King’s Regula-

tions, but if no other mode is so prescribed, every person by this Order

required to register himself or herself shall, unless excused by the Con-

sular officer, attend personally for that purpose at the Consulate on each

occasion of registration.

(10) If any person fails to comply with the provisions of this Order

respecting registration, and does not excuse his failure to the satisfaction

of the Consular officer, he or she shall be guilty Of an offence against

this Order, and any Court or authority may, if it thinks fit, decline to

recognize him as a British subject.

Deposit of

powers 163. Section 48 of the Conveyancing and Law of Property Act, 1881

attorney.of (which relates to the deposit of instruments creating powers of attorney

in the Central Office of the. Supreme. Court in England or Ireland), shall

apply to China and Corea with these modifications, that is to say: the

Office of the Supreme Court is substituted for the Central Office, and

Rules of Court under this order are substituted for General Rules.

exchange for 164. All fees, fines, penalties, and other Sums of money which, un-

payment der the provisions of this Order or any Regulations or Rules of Court,

fees, fines,of&c. are stated or imposed in terms of British currency, shall, if not paid

in British gold, be paid in China in British or Mexican dollars at the

rate of exchange fixed periodically by the Treasury; in Corea, in

Japanese currency at the rate of 10 yen to the pound sterling.

The said rates of exchange shall apply to the ascertainment of the

value of any income for any purpose of qualification or of any limitation

or security, in any case where this Order or any Rule or Regulation con-

tains a reference to British currency.

Accounting

fines, fees, &c.ot 165. Except as in this Order otherwise provided, all fees, dues, fines,

and other receipts under this Order shall be carried to the public

account, and shall be accounted for and paid as the Secretary of State,

with the concurrence of the Treasury, directs.

JReport

udge ofoythe 166. Not later than the 31st March in each year, the Judge of the

Supreme Supreme Court shall send to the Secretary of State a report on the

operation of this Order up to the 31st December of the preceding year,

showing for the then last twelve months the number and nature of the

proceedings, criminal and civil, taken in the Court under this Order,

and the result thereof, and the number and amount of fees received, and

containing an abstract of the registration list, and such other informa-

tion, and being in such form, as the Secretary of State from time to time

directs.

Report, by

Provincial 167. Each Provincial Court shall at such, tiuie as may be fixed by

Court. Rules of Court furnish to the Supreme Court an annual report of every

case,; civil and criminal, brought before it, in.Suclt'fO'rVr1) as the Supreme

Court directs.

Publication of

Order. 168. —(1) A printed co

ed in a conspicuous place in each Consular office and in each Court-house.

(2) Printed copies shall be sold at such reasonable price as the

Supreme Court directs.

H.B.M. SUBJECTS IN CHINA AND COEEA 101

(3) Judicial notice shall be taken of this Order, and of the com-

mencement thereof, and of the appointment of Consuls, and of the con-

stitution and limits of the Courts and districts, and of Consular seals

and signatures, and of any Eules made or in force under this Order, and

no proof shall be required of any of such matters.

The provisions of the Evidence Act, 1851 (14 and 15 Viet., cap. 99),

Secs. 7 and 11, relating to the proof of judicial and other documents,

shall extend and be applied for all purposes as if the Courts, districts,

and places to which this Order applies were in a British Colony.

169.—(1) The Orders in Council mentioned in the Schedule to this Repeat.

Order are hereby repealed, but this appeal shall not—

(a) Affect the past operation of those Orders, or any of them, or

any appointment made, or any right, title, obligation, or liability

accrued, or the validity or invalidity of anything done or suffer-

ed under any of those Orders, before the making of this Order;

{b) Interfere with the institution or prosecution of any proceeding

or action, criminal or civil, in respect of any offence committed

against, or forfeiture incurred or liability accrued under or in

consequence of, any provision of any of those Orders, or any

Eegulation confirmed by any such Order or made thereunder;

(c) Take away or abridge any protection or benefit given or to be

enjoyed in relation thereto.

(2) Notwithstanding the repeal of the Orders aforesaid, all Eules

jand Eegulations approved or confirmed by or under any Order so re-

pealed shall continue and be as if this Order had not been made; but soT

that the same may be revoked, altered, or otherwise dealt with unde

this Order, as if they had been made under this Order.

(3) Criminal or civil proceedings begun under any of the Orders re-

pealed by this Order, and pending at the time when this Order comes into

operation, shall, from and after that time, be regulated by the provisions of

this Order, as far as the nature and circumstances of each case admits.

(4) Lists of jurors and assessors in force at the passing of this

Order shall continue in force until revised and settled under the provi-

■sions of this Order.

170;*—(1) This Order shall take effect on such day not less than one commenee-

month nor more than three months after it is first exhibited in the public

office of the Supreme Court at Shanghai, as the Minister shall by public

notification appoint.

(2) The day on which this Order so takes effect is in this Order

referred to as the commencement of this Order.

(3) For the purposes of this Article the Judge of the Supreme Court

shall forthwith, on the receipt by him from the Minister in China of a

certified printed copy of this Order, cause the same to be affixed and

•exhibited conspicuously in that office, together with the said notification.

(4) He shall also keep the same so affixed and exhibited until the

• commencement of this Order.

(5) A copy of the said notification shall, as soon as practicable, be

(published at each of the Provincial Consulates in such manner as the

^Supreme Court may direct.

102 ORDERS IR •COUNCIL FOR H.B.M. SUBJECTS IN CHINA, ETC.

(6) A certified printed copy of this Order shall also be affixed and;

exhibited in the public offices of the Provincial Court at Seoul, at the

same time (or as near as circumstances admit) at which it is first exhi-

bited at Shanghai.

(7) Proof shall not in any proceeding or matter be required that

the provisions of this Article have been complied with, nor shall any act

or proceeding be invalidated by any failure to comply with any of such

provisions.

(8) Where this Order confers power to make any Appomtment,,

Rules, or Regulations, or to do any other thing for the purposes of this

Order, that power may be exercised at any time after the passing of this

Order, so, however, that any such appointment, Rules, or Regulations

shall not take effect before the commencement of this Order.

171. This Order may be cited as “ The; China and Corea Order in.

Council, 1904.”

A. W. Fitzrot.

SCHEDULE.

Orders Repealed.

The China and Japan Order in Council, 1865.

The China and Japan Order in Council, 1877.

The China and Japan Order in Council, 1878.

The China and Japan Order in. Council, 1881.

The China, Japan, and Corea Order in Council, 1884.

The China, Japan, and Corea Order in Council, 1884 (Supplemental),.

The China, Japan, and Corea Order in Council, 1886.

The China, Japan, and Corea Order in Council, 1886 (No. 2).

The China and Japan Order in Council, 1898.

The China, Japan, and Corea (Supreme Court) Order in Council, 1899:

THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1914,

A.t the Court at Buckingham Palace,'the 30th day of March, 1914

Present

The King’s Most Excellent Majesty'

Lord President Lord Colebrooke

Viscount Knollys ' Lord Emmott

Whereas by treaty, grant, usage, sufferance, or other lawful means His Majesty

the King has jurisdiction in China:

Now, therefore, His Majesty, by virtue and in exercise of the powers in this

behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is

pleased, by and with the advice of His Privy Council, to brder, and it is hereby

ordered, as follows:—

1. This Order may be cited as “ The China (Amendment) Order in Council, 9141,”

and shall be read as one with the China Order in Council, 1904, hereinafter referred

to as the “ Principal Order,” and this Order and the China Orders in Council, 1904

to 1913, may be cited together as the “China Orders in Council, 1904 to 1914.”

2. —(1) In addition to the documents to be deposited and filed i

-consulate, in accordance with Article 46 of the China (Amendment) Order in

Council, 1913, on the. registration of -a company in accordance with the provisions of

that Order, there shall be deposited and filed a list of the directors of the company

showing in respect of each director his full name and nationality and his address,

(2) Every company registered under the China (Amendment) Order in Council,

1913, shall register in the month of January in every year a list of the directors of

the company, showing in respect of each director his full name and nationality and

his address, and shall from time to time, as may be necessary, register any altera-

tions in such list.

(3) . On every registration under sub-article (2) of this arti

payable a fee of 2s.

3. Where any municipal regulations or byelaws have been established for any

:f oreign concession in China the Court may entertain a complaint against a British

subject for a breach of such -municipal regulations or byelaws, and may enforce

•compliance therewith.

Provided—

(1) That the said municipal regulations or byelaws have been accepted by

His Majesty’s Government. Acceptance of the municipal regulations

or byelaws of a foreign concession by His Majesty’s Goivenment shall

be signified by a copy thereof being exhibited and kept exhibited in

the public office of His Majesty’s consulate at such treaty port.

(2) That no punishment other in nature or greater in degree than that

provided by the Principal Order shall be imposed.

(3) That the'Court is satisfied that effectual provision exists for the

punishment in the Court of the foreign Powers whose municipal

regulations or byelaws it is sought to. enforce of breaches by the

subjects or citizens of that Power of the municipal regulations or

byelaws of British concessions in China.

4. In article 21 of the China (Amendment) Order in Council, 1913, the reference

•to article 13 should be read as a reference to article 19, and in article 29 the

references to articles 21 and 22 should be read as references to articles 27 and 28,

•and in article 50 the reference to article 41 should be read as a reference to article 48.

And the Bight Honourable Sir Edward Grey, Baronet, K.G., one of His

Majesty’s Principal Secretaries of State, is to give the necessary directions herein.

Almeric Fitzroy.

THE CHINA (AMENDMENT) ODDER IN COUNCIL, 1915

By this Order Article 3 pf “ The China (Amendment) Order in Council, 19!4,’f

was repealed.

CHINA (AMENDMENT No. 2) ORDER IN COUNCIL, 1920

At the Couet at Buckingham Palace, the 9th day of November, 1920

Present :—

The' King’s Most Excellent Majesty in Council

Whereas by treaty, grant, usage, sufferance, and other lawful means, His-

Majesty the King has jurisdiction in China :

i No\y, therefore, His'Majesty, by virtue and in e^cpi’cise of ,£the: powers ip that

behalf by ‘'The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty-

vested, is pleased by and with the advice of His Privy Council to order, and it is

hereby ordered, as follows :—

1. This Order may be cited as “The China (Amendment’ No. 2) Order in.

Council, 1920,” and shall be read as one with “ The China Order in Council, 1904 ”

(hereafter called the “ Principal Order”), and with any Order amending the same.

2. The words in Article 101 Of the Principal Order “ except the jurisdiction

relative to dissolution, or nullity, or jactitation of marriage ” are hereby repealed.

3. This Order shall take effect on the day on which it is. first exhibited in the-

Public Office of the Supreme Court at Shanghai.

And the Bight Honourable George Nathaniel, Earl Curzon of Kedleston, one of

His Majesty’s Principal Secretaries of State, is to give the necessary directions

herein.

Almeric. Fitzroy.

Rules of Court drawn up under this Order by Judge Skinner Turner were-

published in the Hongkong Government Gazette on June 10th, 1921.

THE CHINA (AMENDMENT) ORDER IN COUNCIL

No. 3, 1920

At the Court at Buckingham Palace, the 21st day of December, 192(>

Present

The King’s'Most Excellent Majesty in Cduhcil •

Whereas by Treaty, grant, usage, sufferance, and other lawful means, His

Majesty the King has jurisdiction in China :

Now, therefore, His Majesty, by virtue and in exercise of the powers in this-

, behalf by “ The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty vested,

is pleased, by and with the advice of his Priyy Council, to order, and it is hereby

ordered, as follows :—

1. This Order may be cited as “The China (Amendment) Order in Council,

No. 3, 1920,” and shall be read as one with “ The China Order in Council, 1904 ”

(hereinafter called the “ Principal Order ”), and with any Order amending the same,

and the provisions of Article 170 of the Principal Order shall in particular apply to

this Order.

THE CHINA (AMENDMENT)! OEHEK IN COUNCIL No 3, 1920 105

2. Every person subject to the criminal jurisdiction of the Court who has acted,

is acting, or is about to act in a manner prejudicial to the public safety, or to the

defence, peace or security of His Majesty’s Pominions, or of any part of them,

shall be guilty of a grave offence against the Principal Order, and may, in addition

to, or in lieu of, any other punishment, be ordered to give security for good

■behaviour or to be deported,

3. Every person subject to the criminal jurisdiction of the Court who prints,

publishes, or offers for sale any printed or written newspaper or other publication

-containing seditious matter, or has in his possession with intent to publish/or dis-

tribute any; such newspaper or other publication, shall be'guilty of a grave .offence

against the Principal Order, and may, in addition: to, or in lieu of, any other

punishment, .be-ordered to give security for good behaviour or to be deported.

4. In addition and without prejudice to any powers which the ■ Court may

poss'ess to orderathe exclusion of the public from any proceedings, if, in the eburse

of the trial Of a pefson for an offence under this Crder, application is made by the

drosecutor, in the interests of national safety; thaball or any portion of the' public

should be excluded durifig any phrt bf the heatihg,, tfie Court may make an oTcter to

that effect, but the passing of sentence shall in any ease take place in public,

5. Article 2 (1; of “ The China and Corea (Amendment) Order in Council,

1909,” and the whole of “ The China, (War Powers) Order iu Council, 1917,” are

hereby repealed, but this repeal shall not ^a) .affect , tfie past operation thereof or

any right, title, obligation or liability thereunder.; or (h) interfere with the ■institu-

tion or prosecution of any legal proceeding thereunder.

6. This order is in substitution for “The China (Amendment) Order in Coun-

cil, 1920,” which has not fallen effect and is hereby revoked.

And the Eight Honourable George Nathaniel, Earl Curzon of Kedleston, K.G.,

Ac., one of His Majesty’s. Principal Secretaries, of. State* is to give the necessary

directions herein,

Almekic Fitzboy.

THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1921

At the Court1 at Buckingham Palace' the 13th day op December, 1921

Present:

The King’s Most Excellent Majesty

Earl of Lytton Sir Frederick Ponsonby

Mr. Secretary Shortt Mr. Chancellpr of the Exchequer

Whereas by treaty, grant, usage, sufferance: or other lawful means, His

Majesty the King has jurisdiction in China:

Now, therefore, His Majesty, by virtue and in exercise of the powers in this

behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested,

is pleased, by and with the advice of His Privy Council, to. order, and it is hereby

ordered, as follows:—

1.—(1) This Order may he cited as “The China (Amendment) Order in

•Council, 1921,” and shall he read as one with the China Order in Council, 1904 (in

this Order referred to as “the Principal Order”), and the said Order and any

other Orders in Council amending the said Order may be cited together as “The

•China Orders in Council, 1904 to 1921.”

(2) This Order shall not apply to places within the limits of the Consular

District of Kashgar.

106 THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1921

2. —The following provisions are substituted for Ar

Order:—

(1) A register of British subjects shall be kept in the office of every

Consulate in China.

(2) EA'ery British subject resident in China shall, in the month of

January of each year, be registered at the Consulate of the Corisular District

within which he resides, provided that if some other Consulate is more easy of

access, he may, with the assent of the Consular Officer, be registered there. A

British subject arriving in China must apply for registration within one

month after his arrival; provided that a person who fails to apply for or to

obtain registration within the time limited by this Article may be registered at

any time if he excuses his failure to the satisfaction of the Consular Officer.

(3) Where a person is in possession of a valid British passport, the

Consular Officer shall, on the first registration of any such person, endorse on

the passport without further fee than that provided for in sub-article (6)

hereunder a certificate of registration in such form as may be prescribed by the

Secretary of State. Where any such person applies for the renewal of the

registration ,aiid produces his passport, renewal of his registration need not

attend personally unless that provided for in sub-article (6) hereunder be

endorsed thereon.

(4) Every person who has not previously been registered applying to be

registered under this Order shall, unless excused by the Consular Officer,

attend personally for that purpose at the Consulate, but any person applying

for the renewal of his registration need not attend personally unless directed

by the Consular Officer so to do, provided that the registration of the wife or

wives of a man who is registered under this Order may, if living with him, be

effected without their personal attendance being required, and provided also

that the registration of minors, being his relatives in whatever degree, living

with the head of a family who is registered under this Order may, if living with

him, be effected without attendance being required.

(5) A person registered in any register of British subjects established

under the provisions of any Order in Council which have been repealed shall, be

registered under the provisions of this Order, unless the Consular Officer is

satisfied after inquiry that the previous registration was erroneous or that such

person is not entitled to registration under the provisions of this Order.

(6) Every person shall, on every registration of himself, and on every

renewal of the registration, pay a fee of two dollars, or such other fee as the

Secretary of State from time to time appoints. The amount of the fee may be

uniform for all persons, or may vary according to. the position and circumstances

of different classes, if the Secretary of State from time to time so directs, but

may not in any case exceed four dollars.

(7) Where any person applies to be registered he shall be entitled without

a fee to the assistance of the Consular Officer in the preparation of any

affidavit that may be required.

(8) The Consular Officer may require the production of such evidence

that an applicant for registration is entitled to the status of a British subject

, as he may see fit, but subject /to such directions as may. be issued by the

Secretary of State.

(9) If any Brkkb subject .neglects .to obtain registration under the

provisions of this Order, ht- shaff not,be entitled to be recognised or protected

as a British subjeet in Obina, and shall be liable to a fine not exceeding twenty

dollars for each instance, of. such,failure, but he shall, although not registered,

be subject to the jurisdiction of his Majesty's Courts in China.

3. —From and after the commencement of this O

Principal Order is hereby repealed, but such repeal shall not prejudice any rights,

obligations or liabilities accrued thereunder.

THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915

At the Cottst at Buckingham Palace, the 80th day ok November, 1915

Present :—

Lord President. Mr. Chancellor of the Duchy of Lancaster.

Lord Stamfordhain. Sir Frederick Ponsonby.

Whereas by Treaty, grant, usage, sufferance, and other lawful means His

Majesty the King has jurisdiction in China :

And whereas it is desirable to make further provision with reference to the

-exercise of jurisdiction over British Companies carrying on business within the

limits of this Order :

Now, therefore. His Majesty, by virtue and in exercise of the powers in this

behalf by “ The Foreign Jurisdiction Act, 1890 ” or otherwise, in His Majesty

vested, is pleased, by and with the advice of His Privy Council, to .order, and it is

hereby ordered, as follows

1. —rThis Order may be. cited as “The China (Companies) Ord

1915,” and shall .be read as one with the “ China Order, 1904” (hereinafter called

the “ Principal Order and with any Order amending the same.

2. — In this Order—

“ The Ordinance” means “The Companies Ordinance, 1911, of the Colony

of Hongkong,” and includes any Ordinance amending or substituted for the

same.

“The Life Insurance Companies Ordinance,” means the Life Insurance

Companies Ordinance, 1907, of the Colony of Hongkong, and includes any

Ordinance amending or substituted for the same.

China Company ” meaiis a Company limited by shares or by guarantee

incorporated under the Ordinance, and the operations of which are directed

and controlled from some place within the limits of this Order.

“ Hongkong China Company ” means a Company incoi-porated under the

Ordinance which carries on some part of its business within the limits of this

Order, and the operations of which are directed apd. controlled from some place

in Hongkong.

“ British Company ” means a Company incorporated in the United King-

dom, or in a British Possession, and includes a China Company and a Hong-

kong China Company. . .

3. —(1.) The Consul-General at Shanghai, including any person

Consul-General, shall be Kegistrar of Companies at Shanghai.

(2) All acts done within the limits of this: Order in pursuance of the provisions

of the Ordinance or of the Life Insurance Companies Ordinance by, to, with, or

before the Registrar of Companies at Shanghai, shall, subject to the provisions of

this Order, be of the same force and validity as if they had been done by, to, with,

or before the Registrar of Companies in Hongkong.

108 THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915

(3) The Registrar of Companies at Shanghai shall be entitled to initiate su ’h

proceedings in the Court as he may think necessary to enforce compliance with the

provisions of this Order on the part of British Companies in China.

4. —The Judge may by Rules of Court confer upon Provinc

tion in matters dealt with in the Ordinance, and may specify in such Rules the

Courts by which, and the classes of cases in which, such jurisdiction shall be

exercised, but subject thereto the jurisdiction, conferred by the Ordinance upon any

Court shall within the limits of this Order be exercised by the Supreme Court.

5. —In all matters relating to a Hongkong China Company

the Supreme Court and of the Supreme Court of Hongkong shall be concurrent,

and the said two Courts shall in all respects be auxiliary to each other.

6. —Where any proceedings relating to a Hongkong China

winding up of any such Company, are commenced in the Supreme Co-urt, and it

appears that the principal part of such Company’s business is carried on within the

limits of Hongkong, or that for any other reason such proceedings might more con-

veniently be carried on at Hongkong, the Supreme Court may, of its own motion, or

on the application of any party, make an Order transferring the proceedings to the

Supreme Court of Hongkong.

7. —The Supreme Court shall enforce within the limits of th

or Decree made by the Supreme Court of Hongkong in the course of any proceed-

ings relating to a Hongkong China Company, or for the winding up of any such

Company.

8. —(1.) The majority of the Directors of a China Compa

Subjects resident within the limits of this Order.

(2.) If at any time the proportion of Directors who are British Subjects

resident within the limits of this Order falls to or below one-half, it shall be the

duty of the Directors and also of the Shareholders of the'Company to-take within

30 days, or such further period as the Court may allow, all necessary steps for the ap-

pointment of such number of Directors who are British Subjects resident within the

limits of this Order as may be necessaiy to- Comply with the provisions of this

article.

(3.) If default is made in compliance with this article the Company shall be

liable to a fine not exceeding 50 dollars for every day during which the default con-

tinues, and every Director and every Manager of the Company who knowingly

authorizes or permits the default shall be liable to the like penalty.

(4.) Failure to comply with the provisions of this article shall be a ground upon

which an Order for winding up the Company may be made by the Court.

9. —No person other than a British Subject shall be en

auditor of a China Company. The appointment of any such person as the auditor

of a China Company shall be void, and any certificate or bther document given, or

act done, by any person who is not a British Subject purporting tb act as auditor

of a China Company shall not be held to comply with any requirements of the

Ordinance.

10. —No persoh bther than a British Subject shall be a

the limits of this Order as liquidator of a British Company or as receiver or manager

on behalf of the debenture-holders of the property of a British Company except with

the sanction of the Court.

11. -rf(l) All documents and other written information

required by the Ordinance to file with the Begistrar of Companies shall, in the case

of a China Company, be filed with the Begistrar of Companies at Shanghai, and a

copy of all such documents and other written information shall, in the case of a

Hongkong China Company, be filed with the Begistrar of Companies at Shanghai.

THE CHINA (COMPANIES) ORDEE IN COUNCIL, 1915 10^

(2) If any Company to which this Article applies fails .to comply with its.

provisions, the Company and every Officer and Agent of the Company who is know-

ingly a party to the default shall be liable to a fine not exceeding 50 dollars for

every day during which such default haf continued.

12. —The registered office of a China Company shall be s

limits of this Order.

13. —(1) No shares shall be issued by a China Company exc

paid up shares or upon the term that the shares shall be paid up in full within a

specified period not exceeding fAree months after allotment.

(2) Shares issued by a China Company otherwise than as fully paid up shares

shall be deemed to be issued upon the condition that if not paid for in full before the

expiration of one week from the date upon which the final payment was due, they

shall be forfeited by the Directors, and it shall be the duty of the Directors at the-

expiration of that period to forfeit the said shares. Notice of the forfeiture of any

such shares shall forthwith be given to the registered liolder.

Any shares so forfeited shall be deemed to be the property of the Company, and

the Directors may sell, re-allot, or otherwise dispose of the same in such manner as

they think fit. Certificates or other documents of title relating to shares forfeited

under this article shall be returned to the Company.

(3) Within one month of the expiration of the time allowed for the completion

of the payment of all sums due upon the shares, the Secretary of the Company shall

forward to the Registrar of Companies at Shanghai a return signed by the auditor

of the Company giving particulars of the shares issued, of the amounts paid thereon,,

of the shares in respect of which, default has been made in payment of sums due, and

of the shares forfeited.

(4) If shares are issued by a China Company on terms which fail to comply

with the provisions of this n rticle, or if other default is made in complying therewith,

the Company, and every Director, Manager, Secretary, and other Officer, who is

knowingly a party to such issue or default, shall be guilty of an offence, and shall be

liable to h fine not exceeding 500 dollars for every day during which such offence

continues.

(5) Where on application made it is established to ,the satisfaction of the Court

that there has been a failure to comply with the provisions of this article through

inadvertence or accidental miscalculation or from some other reasonable cause, and

not from any want of good faith, the Court may, if under all the circumstances it

considers it just so to do, give relief from any forfeiture of penalty which has been

incurred by the applicant, or to which he is, or may be, liable upon such terms as it

may think fit.

.16) The provisions of this Article shall only apply to shares issued by a China

Company after the date when this Order comes into effect:

14. —(1) No China Company limited by guarantee shall be all

China without the consent of the Minister.

(2) As a condition of this consent the Minister may require that no persons

other than a British Subject shall be a Member of the Company, or that any Member

of the Company who is not a British Subject shall deposit in Court,, or give security

for or conform tp such arrangement as the Minister shall think fit, for ensuring the

payment of the amount for which he would be liable under the guarantee;

(3) If any China Company limited by guarantee operates in China without the

consent of the Minister, or if any terms imposed by him as a condition of his

consent are not complied with, the Company and every Director, or Manager, Secre-

tary, and other Officer, who is knowingly a party thereto, shall be guilty of an

offence, and shall be liable to a fine not exceeding 500 dollars for every day during

which such offence continues.

110 THE CHINA (COMPANIES) OEDEE IN COUNCIL, 1915

(4) Where on application' made it is established to the satisfaction of the Court

that there has been a failure to comply with the provisions of this article through

inadvertence hr accidental miscalculation ot from some other reasonable cause, and

not from any want of good faith, the Court tnay, if under all the circumstances it

considers it just so to do, give relief from any forfeiture or penalty which has

been incurred by the applicant, or to which he is, or may be, liable upon such terms

as it may think fit.

(5) 'The provisions of this, article shall not apply to China Companies limited by

guarantee operating in China at the date :of this Order.

15. —(1) Subject to the provisions of this Order, the jurisdic

in respect of all British Companies carrying on business in Ohiua shall be exercised,

so far as circumstances admit, in conformity with the provisions .of the Ordinance

and of the Life Insurance Companies Ordinance, except that Section 16 of the Com-

panies Amendment Ordinance, 1913, shall not apply in China.

(2) Where reference is mfide or inferred in any Section df the said Ordinances

to any. other Ordinance of the iColony of Hongkong which does not apply within the

limits of this'Order, such Section shall be read as though the corresponding law or

enactment applicable in England were: referred to therein.

(3) The duties of the Governor, or :of the Governor in Council, dr of the Colonial

Treasurer under Sections 20, 21, 120 (4), 219, 253, and 255 of the Ordinance shall,

within the limits of this Order, be,exercised by the Minister, and under Sections 141

(1), 149, 185, 217, and. 261 shall within the limits of this Order be exercised by the

Judge.

" (4) In the application of the said Ordinance “ legal practitioner ” is substituted

for “ counsel ” or “solicitor ” or “ solicitor and counsel,” and “shch newspaper as the

Judge may direct ” is substituted for “ The Gazette.”

(5) All offences under the said Ordinances made punishable 'by fine may, if

committed within the limits of this Order, be prosecuted summarily under Article

48 of the Principal Order, provided that the maximum fine which can be imposed in

the cksh Cf obbhees'under the Ordinances tried summarilv shall be J22O0 instead of

£20.

16. —(1) The power of the Judge under Article 119 of the P

make Rules of Court shall extend to any matter which under the Ordinance or under

the Life Insurance Companies Ordinance is to be regulated by Rules.

(2) Any Rules in force at Hdngkoug at the date of this Order relating to

matters dealt vitlrin the said Ordinances shall, unless and until they are repealed by

Rules made under this Article, apply, so far as circuinstahces admit, within the limits

of this Order.

17. All fees prescribed by or under the Ordinance or by or under the Life

Insurance Companies Ordinance which are paid to the Registrar of Companies at

Shanghai shall be paid by him to the Colonial Treasurer at Hongkong.

18. Nothing in this Order shall prejudice or affect the juiisdictioh of the

Supreme Court over British Companies other than China Companies and Hongkong

China Companies within the meaning of this Order.

19. This Order shall come into effect on the 1st day of January, 1916.

And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty's

Principal Secretaries of State, is to give the necessary directions herein.

Almeeic Fitzkoy.

THE CHINA (COMPANIES) AMENDMENT ORDER IN

COUNCIL, 1919

At the Court at Buckingham Palace, the r9TH day of October, lOlO1

Present :—

The King’s Most Excellent Majesty

Lord Steward Sir Francis Yilliers

Mr. Secretary Shortt Sir George Buchanan

Whereas by treaty, grant, usage, sufferance, and other ..awful means, His

Majesty the King has jurisdiction in China :

And whereas it is desirable to make further provision with reference to the

exercise of jurisdictiOii bVef British companies carrying on business within thelimist

of this Order :

behalfNow,by therefore, His Majesty,

“The Foreign by virtue,

Jurisdiction Act, and in exercise

1890,” of theinpowers

or otherwise,, in this

His Majesty

vested, is pleased, by and with the advice of His Privy Oouncil, to order, and it is

hereby ordered, as follows

1. This Order may be cited as “Th1 China (Companies) Amendment Order in

Council, 1919,” and shall be read as one with “ The China (Companies) Order in

Council, 1915.”

2. In this Order:—

“ The Fire and Maine Insurance Companies Ordinance ’’.means “ The Fire

and Marine Insurance Companies Ordinance, 1917, ot the Colony of

Hongkong,” and includes any Ordinance amending or substituted-for

the same.

“The Ordinance” means “The,Companies Ordinance, 1911, of the Colony

of Hongkqng,” and includes any Ordinance amending or substituted

for the same.

T

3. W here the general or substantial control of the business of : a Company incor-

porated under the Ordinance is exercised by a person or persons ordinarily resident

within the limits of this Order, such Company shall, irrespective of the place at which

the Board of Directors may meet, or of any other circumstances, be deemed to be a

Company of which the operations are directed and controlled from a place within the

limits of this Order and shall be a China Company within the meaning of “ The

China (Companies) Order in Council, 1915.”

4. (1.) No person, other than a British subject resident within the limits of

this Order, shall act as managing-director or in any position similar to that of

managing-director, or shall otherwise exercise general or substantial control of the

business of a China Company.

112 THE CHINA (COMPANIES) AMENDMENT ORDER IN COUNCIL, 1919

(2.) If default is made in compliance with this Article the Company shall be

liable to a fine not exceeding 50 dollars for every day during which the default

continues, and every director and every manager of the Company who knowingly

authorizes pr permits the default shall be liable to the like penalty.

(3.) Failure to comply with the provisions of this Article shall be a ground

upon which an order for winding up the Company may be made by the Court.

(4.) This Article shall come into force 60 days after the publication of this

Order.

5. All documents and other written information which,a company is required

by the Ordinance to file with the Registrar of Companies shall; in the case of a China

Company, be filed with the Registrar of Companies at Shanghai, and a copy of all

such documents and other written information shall, in the case of a Hongkong

China Company, be filed with the Registrar of Companies at Shanghai.

6. —(1.) The provisions of the Fire and Marine Insurance Companies Ordinance

shall be applied to China Companies'and Hongkong China Companies.

(2.) All acts done within the limits of this Order in pursuance of the Fire

and Marine Insurance .Companies Ordinance by, to, with, or before the Registrar of

Companies at'Snang’haYsnaft, subject to the provisions'of 'this' Orider, be of the

same force and validity as if they had been done by, to, with, or: before the

Registrar of Companies in Hongkong. ;. '• -

(.3,) The 'Registrar of Companies at Shanghai shall be entitled to initiate

such proceedings.as he may think necessary to enforce compliance with the pro-

visions of tliis Order.

7. —(1.) Subject to the provisions of this Order the jurisdictio

respect qf China Companies and Hongkong China Companies shall be exercised, so

far as'circumstances admit, in conformityAvith the jirovisionsbf the Fire and Marine

Insurance Companies Ordinance.

(2.) The duties of the Governor or of the Governor in Council under

Sections 5* (2), 5 (5), 6 (2), and 7 (1), and of paragraphs 2, ,3 and 7 of the First

Schedule of the Fire and Marine Insurance Companies Ordinance shall, within the

limits of this Order, be exercised by the Minister.

(3.) All offences under the Fire and Marine Insurance Companies Ordinance

made punishable by fine may, if committed within the limits of this Order, be pro-

secuted summarily under Article 48 of “ The China Order in, Goqneil, 1904,”

provided that the maximum fine which can be imposed in the case of offences tried

summarily shall be =£200 instead of .£20.,

8. All fees prescribed by or under the Fire and Marine- Insurance Companies

Ordinance which are paid to the Registrar of Companies a,t Shanghai shall be paid

by him to the Colonial Treasurer at Hongkong.

9. This Order shall come into effect on the first day of January, 1920.

And the Right Honourable Arthur James Balfour, O.M., one of His Majesty’s

Principal Secretaries of State, is to give the necessary directions herein.

Almeeic Fitzeoy.

STATUTORY RULES AND ORDERS, 1909. No. 751

THE CHINA ANT) COREA (CONSULAR EEES) ORDER ifr COUNCIL, 1909

At the Court at Buckingham Palace, the 28th day of June, 1909

Present :

The King’s Most Excellent Majesty in Council.

Whereas by “The Consular Salaries and Pees Act, 1891,” His Majesty the King

as authorized by Order in Council to fix the fees to be taken in respect of any matter

or thing done by a Consular officer in the execution of his office, and to vary such

dees by way of increase or decrease, and to abolish fees and,to create new fees;

And whereas it is expedient that the Table of Pees fixed by the China and Corea

(Consular and Marriage Pees) Order in Council, 1906, should, in certain respects, be

added to, and that fees should be created in respect of the attendance of Consular

officers in the Mixed Court at Shanghai, and in respect of the, assistance rendered by

-Consular officers to British litigants in such Court:

Now, therefore, in pursuance of the before-mentioned Act) His Majesty is

pleased, by and with the advice of His Privy Council, to order, and it is hereby

ordered, as follows:

1. This Order may be cited as “ The China and Corea (Consular Fees) Order in

Council, 1909.”,

i 2. The several fees set forth in the Table annexed to this Order are hereby

established, and the said Table shall be construed as part of this Order.

3. This Order shall come into operation on such date as His Majesty’s Consul-

'Oeneral at Shanghai shall appoint.

4. This Order shall extend to all places in China and Corea.

And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty’s

Principal Secretaries of State, is to give the necessary directiohs herein.

A. W. PlTZROY.

SCHEDULE

Table of Consular Fees to be taken in respect of Assistance Rendered

by the Assessor in the Mixed Court at Shanghai.

1. On application to the Assessor for his request-for the assistance of the

Chinese authorities, including filing Petition:— r

Where the amount involved is— s. d.

Under 101 ... 2 6

10Z. and under 501. ... 5 0

50L and under 100Z ... ... 7 6

100Z. or upwards 10 0

For each complete 100Z. not exceeding a total fee of 51.

2. On each subsequent communication in writing to the China

authorities 2 6

■$. Hearing fee on each attendance of the Assessor at a sitting

of the Court ’ 10 0

14 TABLES OF CONSULAR FEES

TABLES. OF CONSULAR FEES 115

65.-Por attestiiig’ the signature of a foreign

-HISS

b^tUeConlSlMo? mw*'

qU1

lL.^ornew'Utle:aeed7ofi

eTS-...21 00

0o

!SSS«^~®=...

,J r

** ^.—ForUdrawinp a"declaration or other docii-^ " “

55

ts^SiSisiSi

yJgS^^wea&aaraa

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^ssismm

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TEXT OF RECENT SINO-FOREIGN

TREATIES, ETC.

[Declaration of the Nationalist Government on July 7, 19:28.]

On July 7, 1928, the Ministry of Foreign Affairs of the Nationalist Gov-

ernment* made the following declaration (translation) on the conclusion of

new Treaties wit,h the Powers:

“The Nationalist Government, with a view to adapting themselves to the

present day circumstances and with the object of promoting the welfare of

and the friendly relations between 'China and different countries, have always-

considered the abrogation of all the unequal Treaties and the conclusion of

new Treaties on the basis of equality and mutual respect for territorial

sovereignty as the most pressing problem at the present time. These aims have

been embodied in declarations repeatedly made by the Nationalist Government.

“Now that the unification of China is an accomplished fact, it is the task

of the Nationalist Government to make every effort to fully realize these aims.

While they will continue to afford protection to foreign lives and property in

China, according to law, the Nationalist Government hereby make the follow-

ing specific declaration with regard to all the unequal Treaties:

“(1) All the unequal Treaties between the Republic of , China and other

countries, which have already expired, shall be ipso facto abrogated, and new

Treaties shall be concluded.

“(2) The Nationalist Government will immediately take steps to terminate^

in accordance with proper procedure, those unequal Treaties which have not

yet expired, and conclude new Treaties.

“(3) In the case of old Treaties which have already expired, but which

have not yet been replaced by new Treaties, the Nationalist Government will

promulgate appropriate interim regulations to meet the exigencies of such,

situation.”

Interim Regulations.

At the same time the Nationalist Government issued the following Pro-

visional Regulations Governing the Relations between China and the Powers*

after the Abrogation of the Old Treaties and pending the Conclusion of New

Treaties: —

“1 Foreign countries and foreigners, as designated in these Regulations,

apply only to those foreign countries and the nationals thereof whose Treaties

with China have already expired, and with whom new Treaties have not jet

been concluded.

“2 AH diplomatic officials and consular officials of foreign countries sta-

tioned in China shall be entitled to proper treatment accorded under inter-

national law.

“3. The persons and properties of foreigners in China shall receive due

protection under Chinese, Law.

“4. Foreigners in China shall be subject to the regulations of Chinese Law

and the jurisdiction of Chinese Law Courts.

Republic* Sin3e October 10,1928* the English designation has been altered to the “National Government of the

of China.”

118 SINO-FOREIGN TREATIES

“5. Pending, the enforcement of the National Tariff Schedule, the regular

customs duties on commodities imported into China from foreign countries

or by foreigners, and those exported from Chtna to foreign countries, shall

be collected in accordance \vith the existing: tariff- sjchdclule.

“6. All taxes and duties which Chinese citizens are under obligation to pay

shall be payable equally by foreigners in accordance with the law.

“7. Matters not provided for by the foregoing Regulations, shall be dealt

with in accordance with International Law and Chinese Municipal iLaw.”

TREATIES WHICH HAVE EXPIRED.

Treaties covered by the first item of the Nationalist Government’s de-

claration of July 7-, 1928, are the Sino-Frepch Conventions relative to -the

oyerland trade between the

as the Sino-Japanese, Chinese frontier

Sino-Belgian, and French

Sino-Spanish,. indo China, as Sino-

Sino-Portuguese, well

Italian and iSino-Danfsh Commercial Treaties.

The Sino-French Convention of Tientsin of April 25th, 1886, the Sino-

Fr^nch Additional Commercial Convention of June 26th, ;1§87, 'and the Sino-

Frepph Supplementary Convention of Jpne 20th, 1895, expired simultaneously

on August 7th, 1926. The Sino-Japanese Treaty of Commerce and Navigation

of July . 21st,, 1896, together with the Supplementary Treaty.. of. October 8th,

1903, expired .on- ..October' 20th, 1926. The Sino-Belgian Treaty of Peking of

Npyember 2nd, 1865. expired on October 27th, 1926. The Sino-Span.ish Treaty

of Tientsin 8f Ocitober 10th, 1864, expired, on May 10th, 1927. The Sino-

Portuguese Treaty of Commerce and Navigation of December 1st, 1887, ex-

pired1 on April 28th, 1928. The Sino-Italian Treaty of Peking of October 26th,

1866, and the Sino-Danish Treaty . of Tientsin of July . iSth, 1863,1 expired

simultaneously on June 30th, 1928.

With these and

correspondence Powers the Nationalist

negotiations Government

for the purpose carried bnnewdiplomatic

of concluding Treaties.

The texts of the Treaties resulting therefrom follow.

SINO-AMERICAN TAETFE TREATY.

Treaty regulating Tariff Regulations between the Republic of China

and the United States of America.

The Republic of China and the United States: of America, both being

animated by an earnest desire to maintain the good relations which : happily

•subsist between the two countries, and wishing to extend and consolidate the

commercial intercourse between them, have, for the purpose of negotiating a

treaty designed to facilitate these objects, named as fHeir Plenip.pfentiaries:—-

The Government Council of the Nationalist Government of the Republic

of China:

Mr. T. V. Soong, Minister of Finance of the Nationalist Govern-

ment of the Republic of China;

The President of the United States of America ■

Mr. Plenipotentiary-

J. Y. A. MacMurray. Envoy States

of the United Extraordinary aiid China;

of America-to Minister

Who having met and duly exchanged their full powers, which have been

found to be in proper form, have agreed upon the following treaty between the

two Countries:

SINO-FOREIGN TREATIES li<>

Article I.—All provisions which appear in the treaties hitherto concluded

and in force between 'China and the United States of America relating to rates

of duty on imports and exports of merchandise, drawbacks, transit dues and

tonnage dues in China shall be annulled1 and become inoperative, and the

principle of complete national tariff autonomy shall apply subject, however,

to the condition that each of the High Contracting parties shall enjoy in the

territories of the other with respect to the above specified and any related

matters, treatment in no way discriminatory as compared with the treatment

accorded to any other country.

The nationals of neither of the High Contracting Parties shall be com-

pelled under any pretext whatever to pay, within the territories of the other

Party any duties, internal charges or taxes upon their importations and ex-

portions other 01 higher than those paid by nationals of the country or by

nationals of any other country.

The above provisions shall become effective on January 1, 1929, provided

that the exchange of ratifications hereinafter provided shall have taken place

by that da4>e; otherwise, ar a date four months subsequent to such exchange

of ratifications.

Article II.—The English and Chinese texts of this Treaty have been care-

fully compared and verified; but, in the event of there being a difference of

meaning between the two, the sense as expressed in the English text shall be

held to prevail.

withThis

theirTreaty shall beconstitutional

respective ratified by themethods,

High Contracting

and the Parties in accordance

ratifications shall be

exchanged in Washington as soon as possible.

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 Peiping, the 25th day of the 7th month of the 17th year of the

Republic of China, corresponding to the 25th of July, 1928.

, (Signed) T. Y. Soong.

(Signed) J. Y. A, MacMurray

SINO-FRENCII TARIFF TREATY.

Treaty Regulating Customs Relations between the Republic of China

and the French Republic.

{Translation from the French).

On September 29, 1928, Dr, C. T. Wang sent to Mr. Cosme, the French

Charge d’Aifaires at Peiping, a Note, suggesting that the tariff relations

between China and France be readjusted on the basis Of the principles which

had been proposed to the British and other friendly Governments. As a result

of the subsequent negotiations between riDr. Wang and Count de Martel, the

French Minister, the following treaty w as concluded on December 22, 1928:

The Republic of China and the French Republic, animated by the desire

to further consolidate the ties of friendship w'hich happily subsist between

the two countries and to develop their commercial relations, have decided to

conclude a Treaty and have, for this purpose, named as their respective Pleni-

potentiaries, that is to say:

>120 SINO-FOREIG'N TREATIES

The President of the National Government of the Republic of China:

His Excellency Dr. Chengting T. Wang, Minister for Foreign

Affairs of the National Government of the Republic of China;

The President Of the French Republic:

His Envoy

Excellency Count ID. deof Martel,

Extraordinary Minister

the French Plenipotentiary

Republic and

to China, Com--'

mander de la Legion d’Honneur,

Who, having communicated to each other their full powers, found in good

and due form, have agreed upon the, following Articles:

Article I.—All the provisions, which. appear in the treaties^ hithejcfo)‘con-

cluded and in force between China and France relating to rates! of duty on

imports arid exports of merchandise, drawbacks, transit dues and tonnage

dues in China shall be annulled and become inoperative, and the principle,

of complete autonomy shall henceforth apply in respect of the Customs tariff

and related-mattere, subject, however, to the condition that each’Of the High

'Contracting Parties shall enjoy in the territories, possession^, eolonies and

protectorates

ters, treatmentof inthe noother,

wayinlessrelation to the than

favourable abovethat

specified and related

effectively ’enjoyedmart

by

any other country.

Article IF—The Nationals of either of the High Contracting Parties

shall not be compelled under any pretext whatever to pay within the territories

possessions, colonies and protectorates of the other any duties, internal charges

or taxes upon their importations and exportations higher or other than those

paid by nationals .of the country or by nationals .of any other country.

Article III.—The present Treaty has been written in Chinese and French

and the two texts havo been carefully compared and verified, but in the event

of there being a difference of meaning between the two, the Erench text shall

be held to prevail.

The present Treaty shall be ratified as soon as possible and the ratifications

shall be exchanged in Paris. It shall come into force on the day on which

the two Governments shall have notified each other that ratification has bben

effected.

In faith whereof the respective Plenipotentiaries have signed the present

Treaty in duplicate and have affixed thereto their seals.

Done at Nanking this twenty-second day of the twelfth month of the

-.seventeenth year of the Republic of China, corresponding to the twenty-second

-day of December, nineteen hundred and twenty-eight.

(Signed) 'Ghengtiistg T. Wang.

(Signed) D. de Martel.

THE SINO-NOKWEGIAN, SINO-NETHEHLAADS,

AND SINO-SWEDISH TREATIES.

On September 12, 192o, Dr. C T. Wang sent practically identical notes to

'the Netherlands Minister and the Norwegian and Swedish Charge d'Affaires

at Peiping, suggesting the following points for the readjustment of the tariff

relations between China and the Powers concerned:

1. All provisions contained in the treaties now existing between 'China and

. relating to rates of duty pn imports and exports, of merchandise,

drawbacks, transit does and tonnage dues 'in China shall be annulled and the

.principle of complete national tariff autonomy shall apply.

2. In Customs and related matters the principle of reciprocal and undis-

.criminatory treatment shall apply.

SINO-FOREIGN TREATIES

3. Contemplated Treaty to become effective on January 1st, 1929, if ratifi-

cations have been exchanged before that date, otherwise on the day of such

exchange of ratifications.

The texts of the iSino-N’orwegian, Sino-Netherlands, and Sinp-Swqdish

treaties,< signed respectively on November 12, December 19, and (December 20,

are given below :

Treaty Regulating Tariff Relations between the Republic of China

and the Kingdom of Norway.

The Republic of China, and the Kingdom of Norway, both being animated

by an earnest desire to maintain the good relations which happily subsist

between the two countries, and wishing to extend and consolidate the com-

mercial intercourse between them, haye, for the purpose of negotiating a treaty

designed to facilitate these objects, named as their Plenipotentiaries: —

The President of the National Government of the Republic of China:

Dr. Chengting T. Wang, Minister of Foreign Affairs of the-

National Government of the Republic of China;

His Majesty the King of Norway:

Mr N. Aall, Charge d'Affaires of Norway in China;

who, having met and duly exchanged their full powers, which have been found

to be in proper form, have agreed upon the following Articles:

Article I.—AH provisions' which appear in the treaties hitherto Concluded

and in force between China and Norway relating to rates of duty on imports

and exports of merchandise, drawbacks, transit dues and tonnage dues in

China shall be annulled and become inoperative, and the principle of com-

plete national tariff autonomy shall apply subject, however, to the condition

that each of the High Contracting Paities shall enjoy in the territories of

the other with respect to the above specified and any related matters treatment

in no way discriminatory as compared with the treatment accorded to any

other country.

The nationals of neither of the High Contracting Parties shall be com-

pelled under any pretext whatever to pay within the territories of the other

Party any duties, internal charges .or taxes upon their impQrtations and ex-

portations other or higher tKan those paid by nationals of the couutry or by

nationals of any other country.

Article II.—The English and Chinese texts of the present Treaty have

been carefully compared apd verified; but, in the event of there being a

difference of meaning between the two, the sense as expressed in the English

text shall be held to prevail.

The present Treaty shall be ratified as soon as possible and, shail,come into

force on the day on which the two Governments shall have notified each other

that the ratification has been effected.

In testimony whereof the respective Plenipotentiaries have signed* the pre-

sent Treaty in duplicate in the Chinese and English languages and have affixed

thereto their seals.

Done at Shanghai this twelfth day of the eleventh month of the seven-

teenth year of the Republic of China, corresponding to the twelfth day of

November, nineteen hundred and twenty-eight.

(Signed) Chengting T. Wang,

Plenipotentiary and Minister of

Foreign Affairs, of the National

Government of the RepulfUc of

China.

(Signed) N. Aall,

Plenipotentiary and Charge d’Af-

faires of Norway in China.

122 SINO-FOREIGN TREATIES

Treaty Regulating Tariff Relations between the Republic of China and

the Kingdom of the Netherlands.

The National Government of the Republic of China and Her Majesty the

Queen of the Netherlands, animated by an earnest desire to consolidate the

ties of friendship which happily subsist between the two countries and to

further develop their commercial relations, have with this object in view re-

solved to conclude a treaty, and have for this purpose, named as their respective

^Plenipotentiaries, that is to say:

His Excellency the President of the National Goverhment of the Re-

public of China:

Or. Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China ;

Her Majesty the Queen of the Netherlands:

Mr. Willem Jacob Oudendijk, Commander in the Order of Orange

Nassau, Knight in the Order of the Netherlands Lion, Her

inMajesty’s

China; Envoy Extraordinary and JJmist&r Plenipotentiary

Who, having communicated to each other their respective full powers,

-found in good and due form, have agreed upon the following Articles:

Article I.—All provisions which appear in the treaties hitherto concluded

and in force between China and the Kingdom of the Netherlands relating

to rates of duty on imports and exports of merchandise, drawbacks, transit

dues and tonnage dues in China shall be annulled and become inoperative,

and the principal of complete national, tariff autonomy shall apply subject,

however, to the condition that each of the High Contracting Parties shall

enjoy in the territories, possessions and colonies of the other, with respect

to the above specified and any related matters, treatment in no way discri-

minatory as compared with the treatment accorded to any other country.

The nationals of neither of the High Contracting Parties shall be com-

pelled under any pretext whatever to pay within the territories, possessions

or colonies of the other Party any duties, internal charges or taxes upon their

importations and exportations other or higher than those paid by nationals of

the country or by nationals of any other coiintry.

Article II.—The present Treaty is drawn up in two copies in the Chinese,

Netherlands, and English languages. In the event of there being a difference

of meaning between these texts, the sense as expressed in the English text

shall prevail.

Article III. -The present Treaty shall be ratified by the High 'Contracting

Parties as soon as possible and the instruments of ratification shall be ex-

changed at Nanking. It shall come into force on the day on which the two

Governments shall have notified each other that the- ratification has been

-effected.

In faith whereof, the respective Plenipotentiaries have signed the present

Treaty in duplicate and have affixed thereto their seals.

Pone at Nanking, this nineteenth day of the twelfth month of the seven-

teenth year of the Republic of China, corresponding to the nineteen day of

^December, nineteen hundred and twenty-eight.

(Signed) Chengting T. Wang.

(Signed) W. J. Oudendijk.

SINO-FOREIGN TREATIES 123

Treaty Regulating Tariff Relations between China and Sweden.

by aThedesire

Republic of Chinatheandtiestheof Kingdom

to maintain friendshipof which

Sweden,happily

mutually

existanimated

between

the two countries and wishing to consolidate and extend the commercial in-

tercourse between them, have for the purpose of negotiating a treaty designed

to facilitate these objects, named as their (Plenipotentiaries:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Agairs of the

National Government of the Republic of China;

His Majesty the King of Sweden:

Baron C. (Leijonhufvud, Charge d’Affaires ad interim of Sweden in

China;

Who, having exchanged their full powers found to be in due and proper

form, have agreed upon the following treaty between the two countries.

Article I.—All provisions which appear in treaties hitherto concluded and

in force between China and Sweden relating to rates of duty on imports and

exports of merchandise, drawbacks, transit dues and tonnage dues in China

shall be annulled and become inoperative, and the principle of complete na-

tional tariff autonomy shall apply subject, however, to the condition that each

of' the High Contracting Parties shall enjoy in the territories of the other

with respect to the above specified and any related matters treatment in fib

way discriminatory as-compared with the treatment accorded to any: other

country.

The nationals of neither of the High Contracting Parties shall be com-

pelled under any pretext whatever to pay, within the territories of the othet,

any duties, internal charges or,taxes upon their importations and exportations

other or higher than those which are paid by nationals of the country or by

nationals of any other Country.

Article IT.—The present Treaty has been drawn up in two copies ' in

Chinese, Swedish and English. In case of any difference of interpretation,

the English text shall prevail.

Article III.—The present Treaty shall be ratified as soon as possible by

the High Contracting Parties in accordance with their respective constitutional

procedure, by Sweden subject to the approval of the Riksdag, and shall come

into force on the.day on which the High Contracting Parties shall have notified

each other that ratification has been effected.

In testimony whereof, we,, the undersigned, by virtue of our respective

powers have signed this Treaty and have affixed our respective seals.

Done at Nanking the twentieth day of the twelfth month of the seven-

teenth year of the Republic of China, corresponding to the twentieth day of

December, nineteen, hundred and twenty-eight.

(Signed) Chengting T. Wang.

(Signed) Carl Leijonhufvud..

THE SINO-BRITISH TREATY.

In a Note dated August 30, 1928, Dr. Wang suggested to Sir Miles Lamp-

son, British Minister to China, the readjustment of the tariff relations be-

tween China and Great Britain along the lines which were later propossed

to the Norwegian, Netherlands and 'Swedish Governmerits.

The new Sino-British tariff treaty was signed on December 20, 1928. The

text of the treaty is given below:

,124 SINO-FOREIGN TREATIES

Taxifi Autonomy Treaty between China and Great Britain.

His Excellency, the President of the National Government of the Re-

public of China, and

His Majesty the King of Great Britain, Ireland and the British Dominions

beyond the tSeas, Emperor of India.

Desiring to strengthen the good relations which happily exist between

them and to facilitate and extend trade and commerce between their respec-

tive countries,

Have resolved to conclude a treaty for this purpose and have appointed

-as their plenipotentiaries —

His Excellency, the President of the National Government of the Re-

public of China:

His Excellency Doctor Chengting T. Wang, Minister for Foreign

Affairs of the National Government of the Republic of China;

His Majesty the King of Great Britain, Ireland and the Brjtish

Doniinions

Britain andbeyond ; the Seas, Emperor of India; For Great

Northern Ireland:

Sir Miles Wedderburn Lampson, K.C.M.G., C.B., M.Y.O., His

Majesty’s Envoy Entraordinary and Minister Plenipotentiary

to the Republic of China;

Who, having communicated thpir full powers, found in good and due form

have agreed as follows:-—

Article I.—It is agreed that all provisions of the existing treaties between

the High Contracting Parties which limit in any way the right of China to

settle her national customs tariff in such way as she may think fit are hereby

abrogated, and that the principle of complete national tariff autonomy shall

-apply.

Article II.—The nationals of either of the High Contracting Parties shall

not be compelled under any pretext whatsoever to pay in the territories of

His Britannic

pectively Majestyinternal,

any duties, to whichcharges

the present

or taxesTreaty

upon applies and Chinaor res-

goods imported ex-

ported by them other than or higher than those paid on goods of the same

•origin by British .and Chinese nationals respectively, of by nationals'of any

other foreign country.

Article III.--His Britannic Majesty agrees to the abrogation of all provi-

sions of the existing .treaties between the High Contracting Parties which

limit the right of China to impose tonnage dues at such rates as she may

think fit.

In regard to tonnage dues and all matters connected therewith, Chinese

ships in those territories of His Britannic Majesty to which the present treaty

applies and British ships in China, shall receive treatment not less favourable

than that accorded to the ships of any other foreign country.

Article IV.—The present treaty shall be ratified and the ratifications shall

‘be exchanged in London as soon as possible. It shall come into force on the

date on which the tv'o Parties shall have notified each other that ratification

has been effected.

The Chinese and English texts of the present treaty have been carefully

•compared and verified; but in the event of there being a difference of meaning

between the two the sense as expressed in the English text shall be held to

prevail.

In witness whereof the respective plenipotentiaries have signed the present

treaty in duplicate, and have affixed, thereunto their seals.

teenth yearat ofNanking,,

Done the twentieth

the Republic of China,daycorresponding

of the twelfth month

to the of the day

twentieth seven-of

December, nineteen hundred and twenty-eight.

(Signed) Chengtpng T. Wang.

(Signed) -Miles W. Lampson.

THE SINO-BELGIAN TREATY.

On August 4, 192S. Dr. C T. Wans; notified Baron Or'-iiHaume, the Belgian

•’Charge d’Affaires at Peiping, that the Sino:Belgian Treaty, of November 2,

1864 had long expired, and that for the purpose of readjusting the relations

between the two countries the early conclusion of a new treaty was necessary.

Dr. Wang suggested that negotiations be opened in Nanking and

on November 22, 1928, the following Treaty was concluded between China and

"Belgium :

Preliminary Treaty of Amity and Commerce between the Republic of

China and the Union of Belgium and Luxemburg.

The National Government of the Republic of China and His Majesty the

King of the Belgians, acting in his name and in the name of Her Royal

Highness the Grand Duchess of Luxemburg in virtue of existing agreements,

being mutually animated by a desire to further strengthen the ties of friend-

ship already happily existing between China and the Union of Belgium and

Luxemburg, have decided to conclude a Preliminary Treaty of Amity and

■:Commerce and have, for this purpose, named as their plenipotentiaries that

is to say:

His Excellency the President'of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China;

His Majesty the King of the Belgians:

Baron J. Guillaume, Charge WAffaires ad interim of Belgium in

China;

Who, having exchanged their full powers found to be in due and proper

form, have agreed upon and concluded the following Articles:

Article I.—The two High Contracting Parties recognize that, in the matter

•of customs and all related matters, they are on a footing of perfect equality,

and on the basis of this principle they agree that such matters shall be re-

gulated exclusively by their respective national laws.

It is further agreed that, in respect of all questions of customs as well

as all questions relating thereto, neither of the two High Contracting Parties

shall be subject, in the territory of the other, to a treatment less favourable

than that accorded to any other country.

In no case shall the nationals of one of the High Contracting Parties be

-compelled to pay, in the territory of the other, with respect to the importation

as well as exportation of merchandise, customs dues, transit taxes, or taxes

of any other kind other Or higher than those which are paid by the nationals

or the nationals of any other country.

Article II —The nationals of each of the two High Contracting Parties

shall be subject, in the territory of the ether Party, to the laws and the

jurisdiction of the law courts of that Party.

Article III.—The two High Contracting Parties shall as sboh as possible

-enter into negotiations with a view to the conc'lusion of a Treaty of Com-

merce and Navigation based upon the principle of reciprocity and equality

of treatment.

Article IV—The present Treaty is written in Chinese, French and English;

in case of any difference of interpretation, the English text shall be held to

he authoritative.

126 SINO-FOREIGN TREATIES

Article V.—The present Treaty shall be ratified as soon as possible and the

ratifications shall be exchanged at Nanking. It shall come into force on the

day on which the two Governments shall 'have Notified each other that the

ratification has been effected.

In testimony whereof, the respective Plenipotentiaries have signed the-

present Treaty in duplicate and have affixed their Seals thereto.

©one at Nanking this twenty-second day of the eleventh month of the

seventeenth year of the Repnblic of China corresponding, to. the twenty-second

day of November, nineteen hundred and . twgnty-eight.

(Signed) Cuengtixo T. Waxo

Plenipotentiary and Minister for

. Foreign, Affairs of the National

Government of the Republic of

China,

(Signed) Barqn J. Guillaume

Plenipotentiary and Charge d’Af-

faires gd interim of Belgium, in

China.

THE SINO-SPANISH TREATY.

On November 24, 1927, ©r. C. C. Wu, tlien Nationalist Minister for Foreign

Affairs, notified Mr. Garrido, the Spanish Minister at Peiping (Peking) that

the Sino-Spanish Treaty, of October 10, 1864, had expired and become in-

operative. Shortly afterwards, on December 2, the following Provisional Re-

gulations pending, the conclusion of a new Sino-Spanish Treaty were issued

by the Natiohalist Government:

Provisional Regulations Pending Conclusion of New Treaty between China

and Spain.

(1.) The Diplomatic and Consular representatives of Spain in China

shall receive: the treatment accorded to such officials by the general rules of

international law.

(2) Theaccording

protection person's'and propertylaw.of Spanish» subjects in China shall receive

to Chinese

(3) Spanish subjects resident in China shall be amenable to Chinese law

and subject to the jurisdiction of Chinese courts.

(4) Civil and, criminal actions in China involving Spanish subjects shall

be dealt with according to the procedure governing nationals of non-treaty

countries.

(5) Imports into China from Spain or by Spanish subjects and exports

from China destined for Spain shall be subject to the customs tariff as applied

to non-treaty countries, and their nationals.

(6) Spanish subjects in China shall pay such taxes and dues as are paid

by Chinese citizens.

(7) All matters not specifically covered by the above provisions shall be

dealt with and adjusted according to the general rules of international law

and according to Chinese law.

Nanking, 2nd December, 1927.

SINO-FOREIGN TEEATIES 127

Preliminary Treaty of Amity and. Commerce between the Republic of China

and the Kingdom of Spain.

The Republic of China and the Kingdom of Spain, being equally animated

by the desire to strengthen the ties of friendship -which happily subsist between

the two countries and to. promote and consolidate their commercial relations,

have resolved to conclude a Preliminary Treaty for Amity and Commerce,

and have, for this purpose, named as their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China:

(Dr. Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China:

His Majesty the King of Spain:

Don Justo Garrido Y. Cisneros, Envoy Extraordinary and Minister

Plenipotentiary of His Majesty the King Of Spain to China;

Whp, having-met arid communicated to each other their respective full

powers, found in good and due .form, have agreed upon the following Articles:

Article I.-^The two High'Contracting Parties agree that the custoxms tariff

and all matters related thereto shall be regulated, cxclusiyely by their respective

-national legislation.

It is further, agreed: that each of the High'Contracting Parties shall enjoy

in the territories of the other, with regard to customs and all related matters,

treatment in no way less favourable than the treatment accorded to any other

-country.

The nationals of each of the High Contracting Parties shall not be com-

pelled, under any pretext whatever, tq pay within the territories of the other

Party any duties, internal charges or taxes upon the importation or exporta-

tion of goods, other or higher than those paid by the nationals of the. country

-or by the nationals of any other country.

Article II.'—The nationals of each of the High Contracting Parties shall

tie subject, in the "territories of the other Party, to the laws and .jurisdiction of

the law courts of that Party, to which they shall have free and easy access

for the enforcement and defence of their rights. :

soonArticle III—The

as possible two High Contracting

into negotiations Partiesofhave

for the purpose decided atoTreaty

concluding eg ter of

as

'Commerce, and Navigatiqn based on the principles of absolute equality and

non-discrimination jn their commercial relations and mutual respect for

sovereignity. ,, C

Article IV.—The present Treaty has beeh drawn up in t^o. copies in the

‘Chinese, iSpanish and English languages. In the event of there being

any difference of meaning, the English text shall be held to prevail.

Article V.—The present Treaty shall be ratified as soon as possible and

.-shall come into force on the day on which; the !two .Governments stall haye

notified each other that ratification has been effected.

In faith whereof, the. respective Plenipotentiaries have signed the present

Treaty and have affixed thereto their seals-

Done at Nanking this twenty-seventh day of the twelfth, month of the seven-

teenth year of the Republic of China, corresponding to the twenty-seventh

«day of December, nineteen hundred ,and twenty-eight.

(Signed) Chengting T. Wang.

(Signed) Garrido Y. Cisneros.

THE SmO-POBTUGUESE TBEATY.

On April

Foreign affairs,'.16th, 1928 Mr.

notified Gjeneral

J. A. Huang

Biapebi,Fu,the tfien Rationalist

Portuguese Minister

Minister, for;

that the-

Sino-Portuguese Treaty of 1887 would expire on April 28th, and after various-

negotiations the following treaty was signed on December 19, 1928.

Preliminary Treaty of Amity and Commerce between the Republic of China

and the Republic of Portugal.

The Republic of China and the Republic- of Portugal, being: equally ani-

mated by the desire to strengthen the ties of friendship which have happily

subsisted between the two countries for more than four hundred years and to

promote and consolidate their commercial relations, have resolved to conclude

a Preliminary Treaty of Amity and -Commerce, and have for this purpose,,

named as their Plenipbteritiarit-S, thaf is to say:

His Excellency the President of the Rational Government of the Re-

public of China :

Dr. Ghengting T. Wang, Minister for Foreign Affairs of the-

Rational Government of the Republic of -China;

His Exceilency the President of the . Republic of Portugal :

Mr. Joao Antonio de Bianchi, Grand Cross of the Order of Christ,

Officer of the Order of St. Tiago de Espada and Grand Cross of

Chi a Ho, Envoy Extraordinary and Minister Plenipotentiary

df the Republic of Portugal to China;

Who, having met and communicated to each other their respective full

powers, found in good and due form, have agreed upon the following Articles:

Article I..—The two High Contracting Parties agree that the customs tariff

and all matters-related thereto shall be regplated Exclusively by their respegtive

national legislations.

It is further agreed that each of the two High Contracting Parties shall

enjoy in the territories of the other, with respect to customs and all related

matters, treatment in no way less favourable than the treatment accorded to

any other country.

The nationals of 'each of the two High Contracting Parties shall not bo

compelled, under any pretext whatever, ito pay within the territories of the

other Party any duties, internal charges or taxes upon the importation or

exportation of igerchandise,

of the couirtry higher ofor any

or by the nationals otherother

than country.

those paid by the nationals

shall be subject, in the territories of the other Paj'ty,High

Article IL-rTHe nationals of each of the two to theContracting Parties

laws and jurisdic-

tion of the law courts of that Party, to which they shall have free and easy

access for the enforcement and defence of their rights.

Article

as soon III.—Theiritotwo

as possible 1 High Contracting Parties have decided to enter

negotiations for the purpose .of concluding a Treaty

of Commerce and navigation based bn the principles of absolute equality and

non-discrimination iri their commercial relations and mutual respect for

sovereignty.

Article IV.—The present Treaty has been drawn up in two copies in

Chinese, Portuguese, and English. In case of any difference of interpretation,

the English text shall be held to prevail.

SINOhFQKEIGN treaties 129

Article Y.—The present Treaty shall be ratified as soon as possible and

shall come into force on the day on which the two Governments shall have

notified each other that the ratification has been effected.

In faith whereof, the respective Plenipotentiaries have signed the present

Treaty and have affixed thereunto their seals.

Done at. Nanking this nineteenth day, of the twelfth month of the

seventeenth year of the Republic of China, corresponding to the nineteenth day

of December, nineteen hundred and twenty-eight.

(Signed) Chengting T. Wang.

(Sighed) Joao Antonio de Bianchi.

SI NO-ITALIAN TEEATY.

The new treaty between China and Italy was signed on November 27th.,.

1923 The text of the treaty is as, follows:

Preliminary Treaty of Amity and Commerce between the Republic of China

and the Kingdom of Italy.

The Republic of China and the Kingdom of Italy, being equally animated

by the desire to strengthen the ties of friendship which happily subsist between

tbe two countries and to promote and consolidate their commercial relations

have resolved to conclude a Preliminary Treaty for Amity and 'Commerce, and

have, for this purpose, named as their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Affairs of the Na-

tional Government of the Republic of China:

His Majesty the King of Italy:

Mr. Daniele Yare, Commander of the Order of the Crown of Italy,

Officer of the Order of S.S. Maurice and Lazarus, Envoy Ex-

traordinary and Minister Plenipotentiary of His Majesty the

King of Italy to China;

Who, having met and communicated to:each other their respective full

powers, found in good and due form, have agfebd upon the , following

Articles:

Article I.—The two High Contracting Parties agree that the Customs

tariff and all matters related thereto shall be regulated exclusively by their

respective national legislations.

It is further agreed that each of the High Contracting Parties shall en-

joy in the territory of the other, with regard to customs and all-related mat-

ters, treatment in no way less favourable that the treatment accorded to any

other country.

The nationals of each of , the High 'Contracting Parties , shall not be com-

pelled, under any pretext whatever, to pay within the territories of the other

Party any duties, internal charges or taxes upon the importation .or exporta-

tion of goods, other or higher than those paid by the nationals of tihe country

or by the nationals of any other country.

Article II.—The nationals of'each'of the High Contracting Parties shall

be subject, in the territory of the other Party, to the laws and jurisdiction of

the law courts of that Party, to which they shall have free and easy access for

the enforcement and defence of their rights

5

130 SINO-FOREIGN TREATIES

:

soonArticle III.—The

as possible into two High Contracting

negotiations/for Partiesofhave

the purpose decided atoTreaty

concluding enter of

as

Commerce and Navigation based on the principles of absolute equality and

non-discrimination in their commercial relations and mutual respect for

sovereignty.

Article IV. The present Treaty has been drawn up in two copies in the

Chinese, Italian and English languages: It the event of there being any

difference of meaning, the English ttext shall bie held to prevail.

Article Y —The present Treaty shall be ratified as soon as possible and

shall come into fqree on the day on which the two Governments shall have

notified each other that the ratification has been effected.

In faith whereof, the respective Plenipotentiaries have signed the present

Treaty and have affixed thereto their seals.

Done at Nanking this twenty-seventh day of the eleventh month of the

seventeenth year of the Republic of, China, corresponding to the twenty-

seventh day of November, nineteen hundred and twenty-eight (the seventh

year of the Fascist Era.)

(Signed) Chexgtinc T. Wang.

Plenipotentiary and Minister for

Foreign Affairs of the National

Government of thk Republic of

China.

(Signed) Daniele Vare,

Plenipotentiary and Envoy Extra-

ordinary and Minister Plenipoten-

tiary

Italy ofto His Majesty the King of

China.

SINO-DANISH TKEATY

On December 12, 1928, the new Sino-Danish preliminary treaty was signed,

the tekt of which is as follows:

Preliminary Treaty of Amity and Commerce between the Republic of

China and the Kingdom of Denmark.

The Republic of China and the Kingdom of Denmark, being equally

animated by the desire to strengthen the ties of friendship which happily

subsist between the two countries and to promote and consolidate their com-

mercial relations, have resolved to conclude a Preliminary Treaty for Amity

and Commerce, and have, for this purpose, named als1 their Plenipotentiaries,

that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China;

His Majesty the King of Denmark and Iceland :

Mr. Henrik de Kauffmann, Envoy Extraordinary and Minister

Plenipotentiary of His Majesty the King of Denmark and

Iceland, to China;

Who, having met and communicated to each other their respective full

powers, found in good and due form, have agreed Upon the. following articles;

Article I.—The two High Contracting Parties agree that the Customs tariff

and all matters related thereto shall be regulated exclusively by their respec-

tive national legislations.

It is further agreed that each of the High Contracting Parties shall enjoy

in the territory of the other, with regard to Customs and all related matters,

treatment in no way less favourable than the treatment accorded to any other

country.

SIXO-FOR.EIGN TREATIES 131

[The nationals of eaoh of the High Contracting Parties shall not be com-

slled, under any pretext whatever, to pay within the territories of the other

arty any duties, internal charges or taxes upon the importation or exporta-

on of goods, other or higher thap those paid by. the. nationals of the country

• by the nationals of any other country.

; Article II.—The nationals of each of ; the two High Contracting Parties

lall be subject, in the territory of the other Party, to the laws and jurisdic-

ion of the law courts of that Party, to which they shall have free and easy

ccess

1 for the enforcement and defence of their rights.

Article III.—The two High Contracting Parties have decided to enter as

son as possible into negotiations for the purpose of concluding a Treaty of

Jommerce and Navigation based on the principles of absolute equality and

on-discrimination in their commercial relations and mutual respect for

pvereignty.

Article IV.—The present Treaty has been drawn up in two copies in the

Shines©, Danish and English languages. In the event of there being any dif-

erence of meaning, the English text shall be held to prevail.

Article Y.—The present Treaty shall be ratified as soon as possible and

hall come into force on the day on which the two Governments shall have

otified each other that the ratification has been effected.

In faith whereof, the respective Plenipotentiaries have signed the present

’reaty and have affixed thereto their seals.

Done at Nanking this twelfth day of the twelfth month of the seventeenth

ear of the Republic of China, corresponding to the twelfth day of December,

jneteen hundred and twenty-eight.

(Signed) Chewgting T. Wang.

Plenipotentiary and Minister lor

Foreign Affairs of the National

Government of the Republic of

Ghina.

(Signed)

Envoy Henri Kauffmann

Extraordinary and Minis-

ter Plenipotentiary

the King of Denmark of Hisand

Majesty

Ice-

land, to China.

THE SINO-GERMAN TREATY.

The iSino-German tariff treaty was signed on August 17, 1928.

Treaty between China and Germany.

The Republic of China, and the German Reich, animated by the desire

a further consolidate the ties of friendship which happily exist between the

wo countries and to extend and facilitate the commercial relations between

ae two countries, have, for this purpose, decided to conclude a treaty and

&ve named as their Plenipotentiaries, that is to say:

The President of the Council of the Nationalist Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Poreign Affairs;

The Mr.

President

H. vonof Borch,

the German

Envoy Reich:

Extraordinary and Minister Plenipo-

tiary of the German Reich to China.

Who, having communicated to each other their full powers and found them

» be in good and due form, have agreed upon the folpwing treaty between

le two countries:

*5

132 SINO-FOREIGN TREATIES

Article I.^-Eor the purphsp of attatniiig ajisplute equality of treatment

in'Customs matter's and in supplementing the arrangements between China and

Germany of the 20th of May 1S21, the two High Contracting Parties agree

that in all Customs and related matters either of the High Contracting Parties

shall not, within the territories of the other Party, be subject to any discri-

minatory treatment as compared with the treatment accorded to any other

country.', : O "io i/totonoj ..

The nationals of each of the High Contracting Parties shall under no

circumstances be. compelled to pay within the territories of the other Party

higher or other duties, internal charges or taxes whatsoever Upon the importa-

tion or exportation of goods than those paid by nationals of the country

or by nationals of any other country.

The provision in the exchange of notes annexed to the SinO-German agree-

ment of May 20, 1921, according to which German import goods shall pay

duties in accordance with the General Tariff Regulations prior to thO general

application of the Automous Tariff Regulations,, shall be hereby annulled.

Artieje II.—The two High Contracting Parties will enter as soon as pos-

sible into hegotiatiohs. for thh purpose of concluding a Treaty of Commerce

and Navigation based pn the i>rinciple of perfect parity and equality of treat

merit. ;.. , . ' ; '[IT 1 •.

Article III. The present treaty has been drawn up in Chinese, German and

Enelish; in caJse of a difference ! of interpretation the English text shall pre-

vail. " . rmh". j :)'!■( ■; '.

Article TV.—The present treaty shall be ratified as sOon as possible and

shall become valid on the day on which the two Governments shall have noti-

fied each, other that the ratifications have been effected.

Done in duplicate at Nanking on the seventeenth day of the Eighth month

of the seventeenth year of the Republic of China, corresponding to the seven-

teenth day of August, nineteen hundred and twenty-eight.

(Signed) Chengting T. Wang.

(Signed) H. Yon Borch.

THE A NT f-WAR TREATY (KELLOGG PACT).

1.—UNITED STATES, INVITATION TO CHINA.

Legation of the United States of America

Excellency: .' f< Peking,. August 27, 1928.

I have the honour to inform you that the Governments of Germany, the

United States of America, Belgium, France, Great Britain, Canada, Australia,

New Zealand, South Africa, The Irish Free State, India, Italy, Japan, Poland,

and Czecho-SIovakia have this day signed in Paris a treaty binding’ them to

renounce

another andwartoasseek

an only

instrument of national

by pacific means thepolicy m theirof relations

settlement withof one

or solution al!

disputes which may arise among them.

This treaty, as Your Excellency is aware, is the outcome of negotiations

which commenced on June, 29,, Z927, when M. Briand,. Minister for Foreign

ofAffairs of thefriendship

perpetual French Republic,

between submitted

France andto my

the Government

United States.a draft of acourse

In the pact

of the subsequent riegotiations this idea was extended so as to include as

•original signatories of the anti-war treaty not only France and the United

KELLOGG PACT 133

^States but also Japan, the British Empire and all the Governments which

participated with France and Great Britain in the Locarno agreements, namely,

Belgium, Czecho-Blovakia, Germany, Italy, and Poland. This procedure met

the point raised by the British Government in its note, of May 19, 1928,, where

it stated that the treaty from its very nature was not one which copcepned that

‘Government alone but was one in which that Government could not undertake

to participate otherwise than jointly and simultaneously with .the Government

in the Dominions and the Government of India; it also settled satisfactorily

the questibh whether there was any inconsistency between the new treaty and

the treaties of Locarno, thus meeting the observation^ pf the Freneh Govern-

ment as to the necessity of extending the number of original signatories.

The decision to limit the original signatories to the Powers named above,

that is, to the United States, Japan, the parties to the Locarno treaties, the

British iDominidns, and India was based entirely upon practical considerations.

It was the desire of the United States that the negotiations be successfully con-

cluded at the earliest possible moment, and that the treaty become operative

without the delay that Would inevitably result were prior universal acceptance

made a condition precedent to its coming into force. My Government felt,

moreover, that if these Powers could agreed upon a simple renunciation of

war as an instrumtnt of national policy, there could be no doubt that most if

not all the other Powers of the: World would find the. formula1 equally ahoeptable

and would hasten to lend their unqualified support to so impressive a move

ment.for the perpetuation of peace: The United States has, : however, been

anxious from the beginning that no state should feel deprived of an . .opport-

unity to participate promptly in the new treaty and thus !not only align

itself formally and solemnly with this new, manifestation of the popular demand

for . world peace but also avail itself of the identical benefits enjoyed by the

original signatories Accordingly, in the draft treaty proposed by it, the

United States made specific provision for participation , in the treaty by any

and every Power desiring to identify itself therewith and this same provision

is found in the definitive instrument sighed’to-day in Paris. It will also be

‘Observed that the Powers signing the treaty have recorded in the preamble

their hope that every nation of the world will participate in the treaty and

in that connection I am happy to be able to report that my Government has

already received from several Governments informal indications that they are

prepared to do so at the earliest possible moment. This convincing evidence

of the world wide interest and sympathy which the mew treaty has evoked is

most gratifying to all the Governments concerned.

In these circumstances I have the honour formally to oommumcate to

Your Excellency for your consideration, and for the approval of your Gov-

■ernment, if it concurs therein, the text of the above-mentioned treaty as

isigned to-day in Paris, omitting only that part of the preamble which names

yfcbe several, plenipotentiaries. The text is-as follows:

“The President of the German Reich, the President of the’United States

of America, His Majesty the King of the Belgians, the President,;of the

French Republic, His Majesty the King of Great Britain, Ireland, and the

British Dominions beyond the Seas, Emperor of India, His Majesty the

King, of Italy, His Majesty the Emperor of Japan, the President of the

Republic of Poland, the President of the Czecho-Slovakian Republic, deeply

sensible of their solemn duty - to promote the welfare of mankind;

“Persuaded that the time has come when a frank prescription of war

as an instrument of national policy should be made to the end that the

peaceful and: friendly relations now existing between their peoples may be

perpetuated;

“Convinced that all changes in the relations with one another should be

sought, only by pacific means and be the result of peaceful and orderly

ptocess and that any signatory Power ^bich shall hereafter seek tb pro-

mote its national interests by resort to war should be denied the benefits

furnished by this treaty;

134 KELdOGG PACT

“Hopeful thatr’encouraged by their example all the other nations of

the' world will join in this humane endeavour and by adhering to the-

jfregent treaty as soon as it comes into force, bring their peoples within the

scope of its beneficent provisions, thus uniting the civilized nations of the

world in a common renunciation of war as an instrument of their national

policy: '

“Have decided to conclude a treaty and for that purpose have ap-

,pointed as their respective plenipotentiaries (here follows the list of plqn-

■ ipoteptiaries). who, having communicated to one another their full powers-

found in good and due form have agreed upon the following articles:

“Article I.—First, solemnly declare in the name of their respective-

« peoples that they condemn recourse to war for the solution of international

• controversies^ and renounce it as an instrument of national policy in their

relations with one another.

“Article II.—The High Contracting Parties agree that the settlement

or solution of all disputes pf conflicts of whatever nature or of whatever

origin t^py may be, which may arise among them, shall never be sought-

except by pacific means

Article III.^The present treaty shall be ratified by the High Con-

tracting Parties named in the preamble in accordance with their respective

constitutional requirements, and shall take effect as between them as soon

as all their several instruments of ratification shall have been deposited

at Washington.

“This treaty

preceding shall,remain

paragraph, when itopenhasascome

long into effectbe asnecessary

as may pi'escribed

for inadher-

the

ence by all the other Powers of the world. Every instrument evidencing

the adherence of a Power shall be deposited! at Washington and the treaty

shall immediately upon its deposit become effective as between the Power

thus adhering and the other Powers parties hereto.

“It shall be the duty of the Government of the United States to

furnish each Government named in the preamble and every Government

subsequently adhering to this treaty with a certified copy of the treaty and

of every instrument of ratification or adherence. It shall also be the duty

of the Government of the United States telegraphically to notify such.

Governments immediately upon the deposit with it of each instrument of

ratification, cr adherence.

“In faith whereof the respective plenipotentiaries have signed this

treaty in the French and English languages, both texts having equal force,

and hereunto affixed their seals.

“Done at Paris the 27th day of August in the year one thousand nine

hundred and twenty^eight.,’

The provisions regarding ratification and adherence are, as Your Ex-

cellency will observe, found in the third and last Article. That Article pro-

vides that the treaty shall take effect as soon as the ratifications of all the

Powers named in the preamble shall have been deposited in Washington and

that it shall be open to adherefice by all the other Powers of the world, in-

struments'evidencing such adherence to be deposited in Washington also. Any

Power desiring to participate in the treaty may thus exercise the right to

adhere thereto and my Government will be happy to, receive at any time

appropriate notices of adherence Horn those Governments wishing to contribute

to the success of this new movement for world peace by bringing their peoples

w’if-hin its beimficent scope. It will be noted, in this connect;qn that, the treaty

expressly provides tjiat when it has once come into force it shall take effect

immediately between an adhering Power and the other Parties thereto, and

it is therefore 'dear 'that any Government adhering promptly will fully share

in the benefits of the treaty at the very moment it comes into effect.

KELLOGG PACT 135

I shall shortly transmit foi*. Your Excellency’s convenient reference a

printed pamphlet containing tne text in translation of M. Briand’s original

proposal to my Government of June 20, 1027, and the complete record of the

subsequent; diplomatic correspondence on the subject of a multilateral treaty

for the renunciation of war. I shall also transmit,'as soon as received*'from

my Government, a certified copy of the signed'treaty.

I avail myself of this opportunity to extend to Yoifr Excellency the

renewed assurance of my highest consideration,

CSigned) Mahl6n'F. Perkins',

Charge d’Affaires.

2.—CHINA’S ACCEPTANCE.

Kanking, Sept. 13, 1923.

Excellency:

I have the honour to, aokhjOwledge the recej.pt,of yonypominunicatioi^cdated

August

for my 27consideration

in which theandGovernment of the United

for the approval of my States of America,

Government .present*

the text of a

treaty that was sighed on the; same day in Paris by the Governments of Ger-

many, the United States of America, Belgium, France, Great, Britain, Canada,

Australia, New Zealand, South Africa, the Irish Free State, India, Italy,

Japan, Poland, and Szecho-Slovakia binding them to renounce war as! an

instrumental

only by pacificnational policysettlement

means the in their orrelations

solutionwith

of one another and

all disputes whichto may

seek

arise among them.

“The ideals which are embodied in this treaty of extraordinary significance

are the, foundation on which the national life of the Chinese people is con-

structed and I wish, therefbre, immediately to avail myself of this opportunity

to inform you that this impressive movement for the perpetuation of universal

peace and’for the advancfement of world civilization, arousied opr sympathetic

interest from the very beginning and thiit in its present form as a definitive

•treaty, my Government has decided'to'adhere to it without delay.

The Chinese Government, and people feel, deeply confident that the inter-

dependence of the different nations of the world is making it increasingly

manifest to all thinking minds that the renunciation of yyar, and a frank

-avowal of the need of friendly relations is the only means to save civilization

from the danger of destruction. We :are, indeed, brought before'the supreme

test whether, after those painful experiences of a few years ago which still

linger in our memory, we are not yet convinced of the absolute necessity of

a real spirit of mutual co-bperation to guide us in our national policies to-

wards one another. It is therefore a source of profound satisfaction to see

that this action of momentous impoi’tance, so ably sponsored by the United

States of America, is receiving universal response.

As you are aware, the whole conception of life among our people centres

rohnd the ideal of harmony. It is indeed difficult, if not impossible, to find

in all our thinkers a view of life which justifies conflict in any form as the

basis of a national policy, and I venture to think that it is this idea of

harmony and peace which accounts for the stability of pur civilization and

the extraordinary length of our history. The present treaty to renounce

war is, in fact, a vindication’of the teachings of our revered ancestors, and

especially as these teachings, which have been amplified by our late leader,

Dr. Sun Yat-sen, so clearly embodied in such noble principles as Universal

Justice and The Brotherhood of Nations, are also at the present moment being

-applied in the building up of a new China, the Chinese people are prepared

to join with America and the other signatory Powers with more than the

usual enthusiasm in endeavouring to attain the noble ends of peace.

We are deeply sensible, however, that in order to make war really im-

possible, it is necessary to eliminate all causes which arfi likely to give rise

to any international dispute, and rigidly to uphold the principle of cquhfity

EXTRATERRITORIALITY

and mutual respect for territorial sovereignty among all nations. My Gov-

ernment, therefore, firmly believes that all the signatory Powers will abide by

the spirit of the present treaty and remove, at the earliest opportunity, all

of China’s unequal treaties and encroachments upon her sovereignty, as for

instance, the stationing of large numbers of alien troops on her soil. For it

is clear that a free and independent China is one of the most vital factors,

whereby permanent world peace may be promoted and strengthened.

I avail myself of this opportunity to extend to you the assurance of roy

highest consideration.

(Signed) Wang Cheng-ting,

Minister for Foreign Affairs.

EXTRATERRITORIALITY.

On April 27, 1929, the Minister for Foreign Affairs addressed Notes to>

the British, American, Brazilian, Dutch, French and Norwegian Envoys,

urging the early abolition of extraterritoriality. The Notes were similar in

wording, those addressed to the British, American and French Ministers being,

identical.

The text of the Notes to the British, American and French Ministers is-

as follows: —

Ministry of Foreign Affairs,.

Nanking.

April 27,1929.

Your Excellency:

I have the honour to recall to Your Excellency that the Chinese Govern-

ment, through its representatives, had had occasion to express at the Paris.

Peace Conference its strong desire for the removal of limitations on China’s-

jurisdictional sovereignty imposed upon her by the old treaty concluded between

China and the foreign Powers and that the Chinese Delegation emphatically

reiterated the same desire at the Washington Conference, which placed cn

record its sympathetic disposition towards furthering the aspiration of China

for the removal of restrictions on her political, jurisdictional and administra-

tive freedom of action.

With the unification of China and the establishment upon a firm founda-

tion of the National Government, a new era has been happily inaugurated

in the relations between our two countries through the conclusion of the recent

Tariff Treaty, and it is tp be confidently hoped that the material well-being,

of our two countries will henceforth be greatly enhanced. But it is the belief

and the conviction of the Chinese Government that the promotion of such

material well-being will be accelerated by a readjustment of the relations be-

tween our two countries, on a basis of friendly equality in matters of juris-

diction, and if Your Excellency’s Government could see its way to meet the

wishes of the Chinese Government and people in this regard, it is certain

that another obstacle to the full and frank co-operation, in trade or other-

wise, between the Chinese people and foreign nationals in this country

would be happily removed and that the desire of the Chinese Government

for promoting to the fullest extent the material interests of all who choose

to associate themselyes with our own people would find its early realization.

It goes without saying that extraterritoriality in China is a legacy of

the old regime, which has not only ceased to be adaptable to the present-day

conditions, but has become so detrimental to the smooth working of the judicial

and administrative machinery of China that her progress as a member of

the Family of Nations has been unnecessarily retarted. The inherent defects

clearlyip conveniences

and pointed out byof the

the Chinese

system Government

of, consular onjurisdiction have been

various occasions and most

also,

by the jurists and publicists of other countries in their official utterances as.

EXTRATERRITORIALITY 13:

'well as in their academic discussions. It is a matter for sincere regret that,

'while many Governments which are playing, an important role in interna-

tional affairs are eager and persistent in their endeavour to promote geniune

friendship and harmony among nations, such anachronistic practices as only

tend to mar the friendly relations between the 'Chinese people and foreign

nationals should .be allowed to* exist at a time when justice and equity are

•supposed to govern the relations of nations.

With the; close , contact between China and the foreign .Powers,; the asp-

milation of western legal conceptions by Chinese jurists and incorporation

of western legal principles in Chinese jurisprudence have proceeded very

rapidly. In addition to the numerous codes and laws now in force, the Civil

node and the Commercial code have reached the. final stage of preparation

and will be ready for promulgation before January 1st, 1930. Courts and

prisons, along modern lines, have been established, and are being established,

throughout the whole country.

Inasmuch as doubt has been entertained with regard to the advisability

of relinquishing extraterritorial privileges at this juncture by the interested

Powers, it may be pointed out that certain countries, having ceased to enjoy

extraterritorial privileges in China, have found satisfaction in the protection

given to their nationals by Chinese law and have had no cause for complaint

that their interests nave been in any way prejudiced. Your Excellency’s

■Government may, therefore; rest assured that the legitimate rights and in-

terests of your nationals will not be unfavourably affected in the least by the

relinquishment of the exceptional privileges which they now possess.

As Your Excellency’s Government has always maintained a friendly atti-

tude towards China and has always shown its readiness in the adoption of

measures for the removal of limitations on China’s sovereignity, X am happy

to- express to Your Excellency, on behalf of the Chinese Goverpment, the

desire of China to have, the restrictions on her jurisdictional sovereignty re-

moved at the earliest possible date and confidently hope that Your Excellency’s

Government will take this desire of China into immediate and sympathetic

consideration and favour me with an earty reply so that steps may be taken

to enable China, now unified and with a strong Central Government, to right-

fully assume jurisdiction over alX nationals within her domain.

I avail myself of this opportunity to .renew to Your Excellency the as-

■surnoe of my, highest consideration.

(Signed) Chengting T. Wang.

Minister of Foreign Affairs.

THE AMERICAN REPLY.

His Excellency Peking, Aug. 10. 1920.

Dr. Chengiing T. Wang,

Minister for Fore-gn Affairs,

Nanking.

Excellency:

I have the honour to a».knowledge the receipt of the Chinese Government’s

iNote of April 27th in which there is expressed. the; desire that the United

States should relinquish file further exercise of extraterritorial jurisdiction

over its citizens in China and the hope that the American Government will

take this desire into immediate and sympathetic consideration.'

I am directed by my Government to state that it is prepared to give

sympathetic consideration to the desires expressed by the Chinese Govern-

ment, giving at the same time, as it must, due consideration to the responsi-

bilities which rest upon the Government of the United States in connection

138 KXTllATF.R III TOR! ALIT Y

with.-^he...problem of jurisdiction over the persons and property of Americans!

citizens in China. My Government, has* in fact, for some time past given

constant and sympathetic consideration to the national aspirations of the-

people of ,China, and it has repeatedly given concrete evidence of its desire-

to promote the realization of these aspirations in so far as action of the

United States may contribute to that result. As long ago as the year 1903,

in Article 15 of the Treaty concluded in that year between the United States

and China, the American Goyernment agreed that it would be prepared to-

relinquish the jurisdiction which it.exercised over its nationals in China “when

satisfied that the state of the Chinese laws, the arrangements for their ad-

ministration, and other considerations warrant it in so doing.” As recently

as last year, the American Government gave very definite evidence of its

desire to promdte the realization‘of China’s aspirations by concluding with

the Government of China, onf; July 23, 1928, a Treaty by 'vyhich the two countries

agreed to cancellation of prSvisions in earlier treaties j whereby China’s

authority in reference to Customs duties on goods' imported into China by‘

American nationals had been restricted.

The exercise by the United States of jurisdiction over its citizens in

China'had its genesis in an early agreement that, because of differences be-

tween the customs of the two countries and peoples, and differences between'

their judicial systems, it would be wise to place upon the American Govern-

ment the duty of extending to American nationals in China the restraints and

the benefits of the system of jurisprudence tp which they and their fellow

nationals wercafecustomed in the United States.'

My Government deems it proper at this point to remind the Government

of China that this system of American jurisdiction as administered by the

extraterritorial courts has me,vef been, extended by the United States beyond

the purposes';-to which i,C,was by tbe’Treaties originally limited. Those pur-

poses were, the lawful controUand protection of the persons and property of

Americap citizens, who have.:established themselves in China in good faith in

accordance

sent of Chinawith, the .normal

in the terms ofdevelopment

the Treatiesof and with the knowledge

the commercial and culturaland rela-

cm

tions, between... the.'two countries. The United States has never sought to extend

its sovereignty oyer anyi portion of the territory of China.

Under the provisions qf the JEreaty of 1844, and other agreements concluded

thereafter which established that system, American citizens have lived and

have Carried oh their'legitimate ehterprises in China with benefit both to the

Chinese and to themselves They have engaged extensively in cultural and

in commercial enterprises involving, large sums of money and extensive pro-

pertiesj, , and, as ,your Government has so graciously indicated in the Note

under acknowledgement, there has grown up and existed between the peoples

and the Governments of the two countries a friendship that has endured.

The American Government believe that this condition of affairs has been duo

in large part to the manaer in which the relations between the two peoples

have been regurated' under the provisions of these agreements, the existence-,

of which has assured to the lives and property of American citizens in China

the security so necessary to their growth and development.

For the safety of life , and property, the development and continuance of

legitimate upon

elsewhere, and beneficial business

the certainty depend infromthe injury

of protection last resort, in China,by asa

or confiscation

system of. knoyn; law-ponsistently interpreted and faithfully . enforced by an

independent

the individual.iudieiafy. \Vheyefp’the

be’eQme suibjecf such constant;

,protectionthreat

fails,of the life andattack,

unlawful libertywhile

of

his prQperty suffers the ever-ppesenf danger of'cpnAscatioh in whole or in

part through , arbitrary administrative action. To exchange an assured . and

tried systemandof-property

that life administration of justice,

have' been and under

protected which it, has

and commerce is, acknowledged

groWn and

prospered, fofi uncertainties 'in the absence bf an adequate body of law and df

an experienced and independent judiciary would be fraught with danger in

both of ’the foregoing respects.

EXTRATERRITORIAtLITY

My Government has instructed me to say that the statement of the

Minister of Foreign Affairs of China, telegraphed to the press of the United

'States on July 26th, to the effect that “all foreign interests in China purely

for legitimate purposes will be duly respected” has been noted by it with

pleasure as indicating that the Government of China ha-S not failed to appre-

ciate the value to its foreign relations of the factors abpye mentioned. jVly

Government bids me add that it is therefore persuaded that the Government

of China will concur in its'belief based as it is upon the facts set forth in

-succeeding paragraphs, that the sudden abolition of the system of protection

by its extraterritorial courts in the face of conditions prevailing in China

to-day Would in effect expose the property of American citizens to danger of

unlawful seizure and place in jeopardy the liberty of the persons of American

citizens.

The Chinese Government has, on several occasions during recent years,

expressed the desire that the .Powers relinquish the exercise.of extraterritorial

jurisdiction over their citizens In the Note under acknowledgment reference

is made to the position haken at the Washington Conference. It will ; be re*

called that, in pursuance, of-the resolution adopted ■ at that Conference, there

was created a Commission to inquire into the present practice of extraterri-

torial jurisdiction in China and into the laws and the judicial system.and the

methods of judicial administration of China,;and that, under date pf Sept-

ember. L6, 1926, that Commission made its report. This report contained; an

account of t.hp conditions then , prevailing in the judicial system of China, as

well as. a number of recommendations carefully : suggested as indicating the

changes and improvements which would be necessary before there would be

adequately developed a system of, known law and an independent judiciary

capable of justly controlling and protecting the lives' find property'' of the

citizens of foreign ' countries doing; business in China. Ybujr: Govbrhmeht will

recall that the Commission bn’ Extraterritoriality which niade these recom-

mendations was composed of representatives from thirteen 'countries including

both China and the -United States and :that its fecbrnmendhtionh'thbughtfiilly

and reasonably conceived Were unanimously adopted and'were signed' by ail

of the Commissioners.”

Because of its friendship for the Chinese people and its desire, to which

allusion has been already made, to relinquish as soon as possible extraterri-

torial; jurisdiction

with ' attentive over its ov/nthis

'consideration;. pitizeUs

entire'in'China,

subject, myincluding

Government has followed

particularly the

progress which haCbeen1 made in carrying but its recommendations since the

rendition of this report.

. It fully- appreciates the efforts which qre being made in China t-Or assiirj.ilate

those western judical principles to which your Government h^s., referred in

its Note, but it would be lacking in, sincerity and candour, as well as disre-

gardful of its obligations towards it,s own .nationals, if it did not f'ranhly point

out-that the, recommendations aforesaid fiaye: not'been substantially .parried, qjxf

and that there does/iipt exist in China to-day a system of independent Chinese

courts, free, from exferanepus influence which: is, capable of,;adequately doing

justice between Cliinese and, fpreign litigants. My Government believes that

not until these recommendations are fulfilled in. far greater measure than is

the pase, to.-play will it be .possible for American citizens safely to live: and;do

business.in China and-for their property; adequately to he protected without

the intervention; of.,the,.copsular courts.

In' conclusion, my ;Government has directed'me to: state'that it observes

with attentive and sympathetic interest .the: changes whicb Tare ticking place

in .China. Animated as it;;is by' the ..most friendly motives .ftiid wishing ss

far as lies within Government power to be.helpful, the American Government

would he ready, if the suggestion should meet with the approval of the Chinese

Government, to participate in negotiations which would have . as their object

-the devising of a method for the gradual relinquishment-ofi extraterritorial

rights, either as to designated territorial areas, or as to partip%lg]r,-kip'da-of

140 EXTRAT E R RITOHI ML 1T Y

jurisdictidn, or as to both, provided, that such gradual relinquishment pro-

fceeds at the same time as steps are talken and improvements are achieved by

the 'Chinese Government in the enactment and effective enforcement of law:**

based on modern concepts of jurisprudence.

I avaii myself of this opportunity to extend to Your Excellency the le-

newed assurance of my highest consideration.

(Signed) J. V. A. MagMurray.

BRITISH REPLY.

British Legation, Peking,

at Peitaiho,

10th August, 1929.

Sir,

I have the honour to acknowledge the receipt of your Note of April STtin

in which you inform me of the desire of the National Government of the Re-

public of China that the restrictions imposed on the jurisdictional sovereignty

of China by the system of extraterritoriality now in force should be removed-

at the earliest possible date with a view to the assumption of jurisdiction by

China over all nationals in her domain.

2. I have communicated the contents of your letter to my Government

and I am now instructed to transmit to you a reply in the following sense:

3. Animated by the friendly feelings which they have always entertained

towards the Government and people of China His Majesty’s Government have-

given

relatingtheirto sympathetic

the abolitionconsideration to the request

of extraterritorial of the inChinese

jurisdiction China.Government

The high importance of this subject in its bearing both on the political

development of China and the future relations between China and Great

Britain appears to demand that it should be closely examined from every

aspect. In particular a just appreciation of the reasons for which and the

manner in which the present system of extraterritoriality came into existence

seems essential to a consideration of the proper method for dealing with the

problem.

4. The system of extraterritoriality in force in China has its root deep

down in the past. For thousands of years before science had improved com-

munications, the Chinese people were secluded from the rest of the world by

deserts and the ocean and they developed a civilisation and a policy peculiar

to themselves. A wide gulf was thus fixed between Europe and America cm

the one hand and China on the other.

5. In particular the conception of international relations as being inter-

course between eqtial and independent states—a conception which was woven

into

entirelythe alien

very texture of the

to Chinese political

modes ideas ofWhen

of thought the nations

traders ofof the

the West—was

West first

found their way to the coast of China, the Chinese Government found it diffi-

eult to allow them freely to enter into their country and mingle with their

people nor did they recognise that the nations to which they belonged were

the equals of China. These traders were therefore confined to a small section

of a single city in one corner of the Empire and while on the one hand they

were subjected to many disabilities and to grave humiliations, on the other

hand, by a species of amorphous and unregulated extraterritoriality, which

was the natural outcome of these conditions, the responsibility of managing

their own affairs and maintaining order amongst themselves was in some

measure lift to their own initiative.

6. Relations continued for many years upon this insecure and unsatisfac-

tory footing. Friction was often dangerously intense and conflicts not infre-

quently arose, generally out of demands that some innocent person should be

surrendered for execution to expirate perhaps an accidental homicide or that

foreign authority should assume the responsibility for enforcing the revenue1

laws of China.

EXTRATERRITORIALITY 44*

7.. The object; of the first, itreaties was to secure recognition by China of

Great Britain’s equality with herself and to define and regulate the extrater-

ritorial status of British subjects. Relations between the two countries having

thus been placed on a footing of equality and mutual respect, Great Britain

was content that her nationals should continue to bear those responsibilities

and to labour under thosb disabilities which respect for the sovereignty of

China entailed upon them. Conditions did not permit the general opening of

the ihteiior of China and the residence of foreigners has consequently continued

down to the present day to be restricted to a limited number of cities known

as Treaty Ports.

8. His Majesty’s Government recognise the defects and inconveniences

of the system of consular jurisdiction to which tfie Government of China have

on various occasions drawn attention. In 1902 in Article 12 of the Treaty

of Commerce between Great Britain and China signed in that year, His

Majesty’s Government stated their readiness to relinquish their extraterritorial

rights when they were satisfied that the state of Chinese laws the arrangements

for their administration and other considerations warranted them in so doing.

They have since watched with appreciation the progress which China has

made in the assimilation of western legal principals to which referencei is made

in your Note under reply and they have observed with deep interest the facts

set out and recommendations made in the report of the Commission on Ex-

traterritoriality in the year 1926.

9. More recently in the declaration which they published in December

1926 andi the proposals which they made to the Chinese authorities in January

1927 His Majesty’s Government have given concrete evidence of their desire to

meet in a spirit of friendship and sympathy the legitimate aspirations of the

Chinese people. They have already travelled some distance along the road

marked out in those documents and they are willing to examine in collabora-

tion with the Chinese Government the whole problem of extraterritorial juris-

diction with a view to ascertaining what further steps in the same direction

it may be possible to take at the present time.

10. His Majesty’s Government would however observe that the promulga-

tion of codes embodying Western legal principles represents only one portion

of the task to be accomplished before it would be safe to abandon in their

entirety the special arrangements which have hitherto regulated the residence

of foreigners in China. In order that those reforms should become a living;

reality it appears to His Majesty’s Government to be necessary that Western

legal principles should be understood and be found acceptable by the people at

large, no less than by their rulers, and that the Courts which administer these

laws should be free from interference and dictation at the hands, not only of

military chiefs, but of groups and associations who either set up arbitrary

and illegal tribunals of their own or attempt to use legal courts for the fur-

therance of political objects rather than for the administration Of equal justice

between Chinese and Chinese and between Chinese and foreigners. Not until

these conditions are fulfilled in h far greater measure than appears to be the

case to-day will it be practicable for British merchants to reside, trade and

own property throughout the territories of China with the same equality of

freedom and safety as these privileges are accorded to Chinese merchants in

Great Britain. Any agreement purporting to accord with privileges to British

merchants would remain for some time to come a mere paper agreement to-

which it would be impossible to give effect in practice. Any attempt prema-

turely to accord such privileges would not only be of no benefit to British mer-

chants but might involve the Government and people of China in political

and economic difficulties.

11. So long as these conditions subsist there appears to be no practicable

alternative to maintaining though perhaps in a modified form the Treaty Port

system that has served for nearly a century to regulate intercourse between

China and British subjects with her domain. Some system of extraterri-

toriality is the natural corollary for the maintenance of the Treaty Port sys-

142- EXTEATERRITOEIAiLI'TY

tem and the problem as it present itself to His Majesty’s Government at the

present moment is to discover what further modifications in that system beyoal

those already made and alluded to above it would be desirable and practicable

to effect.

12. His Majesty’s Government await further proposals from the National

Government as to the procedure now to be adopted for examining this question

and they instruct me to assure Your Excellency that they will continue to

maintain towards any such proposals the same friendly and helpful attitude

to which 'Yotir Excblleiicy has paid so generous a tribute in the eoncludihg

paragraph of your Note under reply.

I avail myself of this opportunity to renew to Your Excellency the assur-

ahce of my highest hbnsideratioii;'

(Signed) Miles W. iLampson.

His Excellency,

Dr. C. T. Wang,

• Etc., etc., etc.,

Minister for Foreign Affairs,

Nanking.

FRENCH REPLY.

The following is the English translation of the reply of the French Gov-

ernment to Ghina'S Note concerning'’the abolition of extraterritoriality.

August 10, 1929.

Monsieur le Ministre,

I have the honour *to acknowledge the receipt of the note dated April 27

in which you express'the hope that the French Government would take into

immediate and favourable consideration the desire of the Chinese Government

to.be enabled to exercise its jurisdiction over all nationals residing in China.

Having taken note of this communication which has been the object of its

•careful attention, the French Government authorizes me to recall to Your Ex-

cellency that during the Washington Conference it gave voluntarily its approval

to the resolution of December 10, 1921, according to the terms of which an

international Commission was established to study the question of extraterri-

toriality in China.

This Commission, in its report of September 16, 1926, made recommenda-

tions, the application of which, might, in its judgment, permit the Powers

to relinquish extraterritoriality.

Taking into consideration the facts stated by the said Commission, the

French Go’veir.mcnt consi-iprs that, in order to realize the conditions favourable

for the renunciation of extraterritorial, rights enjoyed -by. its nationals in

virtue of the treaty, of X3aS, it is indispensable that the Chinese Government

proceed to the reforni of its laws, its , judicial institutions gnet its method

of judicial administration, in confprmity with the recommendations of the

'Cdn.imission, .recommendations , to. whiqh Ih.e Delegate has given his

approval. It is when these reforms, have been carried out and effectively put

into practice that the rights of residenpp, of property owning and trade

throughout the whole pf China, the necessary counterpart of the relinquishment

■o^/extrgiterritpriajity, might constitute for the French nationals a regl ad-

vantage equivalent to that which the Chinese enjoy in France,

; The French Government, animated by the friendly / feelings which it was

always cherished towards the Chinese people and of which another proof was

, given last year, by the signing of the Tariff AntQbomy Treaty, has no doubt

that the Chinese Government will make every effort to fulfill the conditions

necessary to the examination of the problem of extraterritoriality.

It is in this spirit that the Ffeneh Government,, faithful to its liberal

traditions,, basi aulhprized me to give-you assurance that it i will continue to

EXTRATERRITORIAjLITY m

take an active interest in the reforms to that end which remain to be acconv

plished and that it will carefully note all the facts which tend to show '^hafc

these reforms are effectively carried out in the administration and judicial

practice of the Government authorities and the people of Ghina.

On the other hand, the French Government will riot fail to avail itself

of the opportunities as they arise to co-operate profitably with Chinese authori-

ties in the endeavour to hasten a State of affairs which would permit it to

modify with the necessary guarantees the present jurisdictional status of the

French nationals in China.

THS NETHERLANDS’ REPLY.

The following is the English translation of the reply of the Netherlands

Government tb China’s ndte concerning the abolition of extraterritoriality.

Legation des Pays-Bas

Peking, Aug. 10. 1929.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of Your Excellency’s Note of

April 27 last in which the Chinese Government expresses the hope that Her

Majesty’s Government would take into sympathetic consideration the desire

of China to come to an agreerfient by which the limitation on China’s jurisdic-

tional sovereignty will be removed and which will enable the Chinese Govern-

ment to assume jurisdiction .over all nationals within its domain.

Your Excellency expressed the conviction that the reciprocal advantages

resulting from tire tariff convention recently concluded between our two

countries would be considerably enhanced if the relations between our two

countries were regulated on the basis of equality in matters of jurisdiction,

and that by the abolition of the system of consular jurisdiction an obstacle

would be removed for the full cooperation between the Chinese people and

foreign nationals especially in commercial matters ; the desire of the Chinese

Government for promotig the material interests of all who choose to associate

themselves with the Chinese people would in that case find its early realization.

Her Majesty’s Government has givbn this request its mbst careful consi-

deration, and now instructs me to inform Your Excellency that just as it

was happy to join the other powers in bringing about the Resolution adopted

on iDecember : XOth 1921 Ly the Washington Conference ; on the Limitation of

Armaments, which placed on record its sympathetic disposition towards China’s

aspiration, so. it will ;be pleased to co-operte with these Powers and with

China for the realization and fulfilment of China’s desire w-ith regard to the

question of jurisdiction.

It may here be recalled that w ith this end in view Her Majest’s. Govern-

ment wholeheartedly participated in the work of the International Commission,

which was instituted as a result of the. above-mentioned Resolution and which,

drew up a number of valuable recornmendations for the benefit of the Chinese

Government.

It cannot be gainsaid that there exists a close, relationship between the

internal situation of China, the guarantees which the laws offer to foreign

rights and interests and their administration in the whole of China on the one-

hand, and the measure of progress which it will be possible to make .on the road

to abolition of the special arrangements now in. force with regard to foreigners

on the other. The possibility for Netherlands subjects tt> enjoy liberty of trade,

of residence and of the exercise'of Civil rights including that of owing property

throughout the whole'Of China is in the same way , closely connected with the

degree Of security existing in the interior of the country and with the questioh

of what safeguards the Chinese judicial institutions offer with a view to their

independence and their immunity from interference by military and political

authorities.

144 EXTRATERRITORIAiLITY

I am desired by Her Majesty’s Government to assure with Excellency

of, its unalterable sympathy : towards 'China with regard to this question and

of its readiness when the introduction and the effective acceptance by the

country of modern institutions guaranteeing the administration of just laws

by an independent and unassailable, judiciary will have rendered useful re-

forms possible, in the matter of jurisdiction over Netherlands nationals, to

act in unison with the Governments of the Powers who were represented at the

Conference of Washington with the object object of examining the possibility

of meeting the aspiration to which the Chinese Delegation at the said Con-

ference gave expression and which is reiterated in Your Excellency’s Note

under reply. .,

I avail myself, etc.,

(Signed) W. Y. Oiidenijk.

To His Excellency

Doctor Chengting T. Wang,

Minister of Foreign Affairs,

of the National Government of the Chinese Republic, Nanking.

NORWEGIAN REPLY.

The following is the English translation of the reply of the Norwegian

Government to1 China’s Note concerning the abolition qf extraterritoriality.

(Legation de Norvege

Peking, Aug. 14, 1929.

I have the honour to acknowledge the receipt of Your Excellency’s note

of April 27 expressing on behalf of the Chinese Government the desire of

China to, have the restriction on her jurisdictional sovereignty removed and

the hope that the Norwegian Government will take this desire into immediate

and sympathetic consideration in order tq enable China to assume jurisdiction

over all nationals within her domain

Having communicated the contents of the Note to my Government I am

now instructed to recall to Your Excellency that the Norwegian Government

has already, in concluding, on November 12 last year, a new treaty with the

Chinese Government, given concrete evidence of the friendly feeling which

Norway has always entertained towards China and the Chinese people.

My Government now desires me to, reiterate, the assurance, already ex-

pressed on that occasion, that the same friendly feelings will not be found to

have changed when the question of revising other clauses of the treaty of

1847 between Norway and China is brought up for discussion.

As to the question of removing the restrictions on China’s jurisdictional

sovereignty (by relinquishing the consular jurisdiction) this question was

already given sympathetic consideration when, in 1926, a Norwegian delegate

joined the international Commission to inquire into extraterritorial jurisdic-

tion in China.

I may add that the administration of the Norwegian jurisdiction in China

has never been extended beyond the purpose for which it was introduced, and

I am directed to state in conclusion that my Government has no desire to

maintain the Consular, Court longer than considered necessary and is pre-

pared to abolish the same when all the other Treaty Powers will do so.

(Signed) N. Aai.l,

Charge d'Affaires a.i.

EXTRATERRITORIALITY 146

CHINESE REPLY TO AMERICA.

Nanking, September 5, 1920.

Monsieur 1c Ministre:

I have the honour to acknowledge the receipt of your Excellency’s Note

of August 10th in which you are good enough to transmit to me the views

of your Government in regard to the request of the 'Chinese Government, con-

tained in my Note of April 27, for the removal of restrictions on China’s juris-

-dictional sovereignty.

The Chinese Government is pleased to be reminded by the American Gov-

■ ernment that it has, for some time past, given constant and sympathetic con-

sideration to the national aspirations of the people of China and that it

has repeatedly given concrete evidence of its desire to promote the realisation

of those aspirations. The traditional friendship between China and America

:has not only a common material basis, but is also deeply rooted in the idealism

which is common to the Chinese and the American people. The American peo-

ple, with their love of liberty, their zeal for justice, their desire to further

the advance of civilisation and their sympathy for the aspirations of nations

in their spiritual re-birth all of which reveal unmistakably the noble attitude

of the American mind, have aroused the admiration and won the, love of the

Chinese people. This idealism has manifested itself in the abolition of slavery,

, the growth of democracy, and the endeavour to establish a reign of universal

peace, which has given a new hope to the human race. It is this idealism

that accounts for the steadfastness of the American Government and people

in their friendship for China through all the vicissitudes of her fortunes! It

is again this idealism that has prompted the American Government to give

.sympathetic consideration to the desire of the Chinese Government in connec-

tion with the question of jurisdiction and to decide to enter into negotiations

for the devising of a method leading to the eventual abolition of Extraterri-

;torial privileges.

It seems to me, however, from a careful consideration of your Note that

'the America Government is not yet free from misgivings as to the safety of

American lives and property after the abolition of Extraterritoriality. The

American Government is undoubtedly aware of the fact that the liberty of

American citizens and the security of their property rights do not so much

depend upon the continued exercise of jurisdiction by their own Consular

Courts, as upon the timely removal of hindrances to the free and full assertion

of China’s sovereign rights. Extraterritorial privileges, while apparently bene-

ficial to foreigners in China in giving the impression of security and safety,

i have really had the most injurious effect on their relations with the Chinese

| d)y producing! in the latter the feeling of humiliation and a sense of resentment

which have always caused mutual suspicion and the consequent loss of mutual

•confidence, thus undermining the very foundations of friendly relations and

not infrequently giving rise to complications and conflicts. Such conflicts and

complications could be easily avoided wTere there none of those special privileges.

In this connexion, it may be pointed out that towards nationals of certain

countries who have lost their extraterritorial privileges and have submitted to

, The jurisdiction of China, the Chinese people enterian the most friendly feel-

ings and repose in them great confidence, a valuable asset, it will be admitted,

, in the intercourse, commercial or otherwise, of any two peoples. Such marked

difference in the relations between Chinese and nationals of Extraterritorial

Powers on the one hand and those between the Chinese and the nationals of

non-extraterritorial Powers bn the other will, as long as the extraterritorial

■system is retained, become more and more pronounced, and much as the Chinese

Government may try to discountenance this difference of attitude on the part

of its citizens, it will not be within its powers to control the natural expression

-of their feelings.

In the event, however, of American citizens relinquishing their Extraterri-

I ctorial privileges, they may rest assured that they will enjoy the same confidence

146 EXTRATE RIU TORI AiLITY

of the Chinese people and. henc^ the same material benefits as the nationals of

nou-extraterritorial Powers. Moreover, the Chinese Government will continue

to exercise, in accordance with the well established principle of international

law, due diligence in preventing any possible violations of the private rights,

of American citizens and perform its duty,, in the fullest possible measure, in

all matters relating to the redress of wrongs.

In your Note under acknowledgment reference is made to the report of

the Gojnmission on Extraterritoriality submitted to the interested Governments-

pursuant to a resolution adopted at the Washington Conference. The American,

Government must be aware of the fact that since the completion of that re-

port, conditions in’Chixia have greatly changed, and in particular both the poli-

tical and judicial systems hUvC asshmed a new aspect! To pass judgment on the

present state of law and judicial administration in China in the light of

what is contained in the report of 1926 is doing no justice to the steadfast

policy Of the National Government.

..'At thethis,American

which point,..itGovernment

may be worth while toits recall

renounced rights the

undercircumstances under

the Capitulations-

with Turkey. The Chinese judicial system, it will be admitted, does not

suffer the least in comparison with thaij. of Turkey at the time of the abolition

of the Capitulations. And yet , the American Government, realising that the-

Turkish people,, with, legitimate aspirations and under the guidance of a new

and strong Goyernment, could accomplish great things in a short space of

time, . had the wisdom and foresight to relinquish its special pri-

vileges similar, to those enjoyed hitherto by its nationals in China, and has

had the satisfaction

in Turkey to find thatreceived

have, subsequently the lifefull

and andproperty of American

adequate protection.citizens,

The

American Government, which did full justice to the Turkish people in the

matter of jurisdiction, without apy apprehension and with satisfactory results,

will no doubt, pive the problem of Extraterritoriality in China in the same

friendly and sympathetic spirit.

It has been perhaps brought to, the knowledge of the. American Govern-

ment that the Chinese Government has recently concluded treaties with several,

other Powers'which have agreed fo 1 relinguash :Jlxtraterritpfiglity on January

1, ,1930. If it had appeared .to the Government of those Powers, as it appears-,

to ,the American Government, that there did not yet exist in this country

a judiciafy capable of rendering justice ,to their nationals and a ,body pf Taws-

adequate to give protection to their lives and property, they would certainly

have refused to give up their privileged position and enter into the engage-

ments; they have made. Now that many of the Powers which, participated .in

the

readydiscussions

shown by ofanExtraterritoriality

overt act that thatatsystem

the Washington

has outlivedConference have and'

its usefulness al-

should be replaced by one in Eafmony with the actual state of things, there-

is no reason why the United States, upon which fell the honour of initiating

the labours of that Conference, should not act in unison with those Powers,

thus removing the difficulties which the Chinese Government might otherwise

encounter in extending jurisdiction, over .all foreign nationals.

It is the hope of the Chinese Government that whatever misgivings and

apprehensions the American Government may have in considering the subject,

under discussion will be now dispelled, and that, in the further examination

of this subject, it will be actuated by much weighter considerations, namely,

the enhancement of friendship between tho Chinese and the American people, .

and hence the promotion of the material interests of both. It is with this last,

object

ernmentin,toview enterthatintotheimmediate

Chinese Government now the

discussions, with requests the American

authorised Gov-

representative

of the Chinese Government for making the necessary arrangements whereby

Extraterritoriality in .China will be abolished to the mutual satisfaction off

both Governments.

“T avail myself, etc.

Wang Chengting.”

EXTllATERRITORIAiLITY 147

CHINESE REPLY TO FRANCE.

Nanking, September 7, 1929.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of Your Excellency’s Note

.of August 10th in which you are good enough to transmit to me the views of

jumr Government in regard to the request of the Chinese Government, con-

tained in my Note of April 27th'for the removal of restrictions oh China’s

J urisdictional Government!.''!i'

The Chinese Government is pleaded tq be reminded by the French Govern-

ment that it gave another proof of the friendly feelings it always fentertained

towards the Chinese people by signing the Tariff Autonomy Treaty last year.

The friendship between China and France rests not only on common material

.interests, but also on close cultural ties and the ideals which have been an

unfailing

their sourceevolution.

political of inspiration

It isboth to the with

therefore Chinesepleasure

and thethat

French

the people

Chinesein

•Government takes note ,pf the sympathetic response of the French Government

to the desire of China expressed in my last Note.

In your Note under acknowledgment, however, reference is made to the

Report of the Commission on Extraterritoriality submitted to the interested

Governments, pursuant to a resolution adopted at the Washington Conference.

The French Government is t undoubtedly aware of the fact that since the

‘completinn of that

in particular, both report, conditions

the political in Chinasystems

and judicial have greatly changed,;a and,

have assumed hew

.aspect. To pass judgment on the present state of laws and judicial administra-

tion in China in the light of what is contained in the Report of 1926 is doing

mo justice to the steadfast policy of the National Government.

whichFurthermore,

the French itGovernment,

may be worth while its

renounced to recall

rights the

undercircumstances under

the Capitulations

with Turkey. The Chinese judicial system, it will be admitted, does not suffer

the least in comparison with that of Turkey at the time of the abolition

•of the Capitulations. And yet the French Government, realizing that the

Turkish

and people

strong with legitimate

Government aspirations great

could accomplish and under-the

things inguidance

a short ofspace

a newof

time, had the wisdom and foresight to relinquish its spebial privileges similar

do those enjoyed hitherto by its nationals in China and has had the satisfaction

to find that the life and property of French citizens in Turkey have subsequently

received full and adequate protection. The French Government which did

.full justice to the Turkish people in the matter of jurisdiction without any

.apprehensions and with satisfactory results will no doubt solve the problem of

Extraterritoriality in China in the same friendly and. sympathetic spirit.

It has been perhaps brought to the knowledge of the French Government

that the Chinese Government has recently concluded treaties with several other

Powers which have agreed to .relinquish extraterritorial privileges on January

1st, 1930. If it had appeared to the Governments of those Powers, as it appears

;t0 the French Government, that there' did not. yet exist in this country a

judiciary capable of rendering justice to their nationals and a body of laws

adequate to give, protection fo their lives and property, they would certainly

Rave refused to give up their privileged position and enter into the engage-

ments they have made. Now fhat many of the Powers which participated in

the diseussioris of Extraterritoriality of the Washington Conference have

.already shown by an overt act that that system has outlived its usefulness afid

•should be replaced by one in harmony with the actual state of things, there is

no reason why the French Government, which played an important part in the

•deliberation, of ,;that Conference, should not act in unison. with those Powers,

thus removing the difficulty which the Chinese Government might otherwise en-

counter in metending jurisdiction over all foreign nationals.

148 RENDITION OF TIENTSIN

It is the hope of the Chinese Government that whatever misgiving an

apprehensions the French Government may have in considering the subject un-

der discussion will be now dispelled, and that, in the further examination

of this subject, it will be actuated by much weightier considerations, namely

the enhancement of friendship between the Chinese and the French people,,

and hence the promotion of the material interests of both. It is with this;

last object in view that the Chinese Government now requests the French?.

Government to enter into immediate discussions with the authorised repre-

sentative of the Chinese, Government

whereby Extraterritoriality in China for

willmaking the necessary

be abolished arrangements-

to the mutual satis-

faction of both Governments.

I avail myself of this opportunity to renew to Your Excellency the assur-

ance of my highest consideration.

(Signed) C. T. Wang.

BELGIAN CONCESSION AT TIENTSIN

Agreement for Rendition.

The Belgian Government being desirous, with a view to strengthening the

bonds of friendship existing between Belgium and China, to restore on its

own initiative and without compensation to the National Government of the

Republic of China the Belgian Concession in Tientsin which was granted to-

il by the Sino-Belgian Convention of February 6th, 1902 (:28th day of the 12th

month of the 27th year of Kuang Hsu), the two Governments have for this

purpose appointed their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China :

Dr Ping Ling, Adviser of the Commission of the ministry of

Foreign A ffa irs ;

Mr. Kwang-ting Chao, Section Chief of the Land Department of

the Ministry of the Interior-,

Mr. H. H. Tcheng, Commissioner of the First Special Area in

Tientsin;

jjr. I’zong Fah Hwang, Minister Plenipotentiary, Attorney at Law;

His Majesty the King of the Belgians:

Baron Jules Guillaume, Counsellor of Legation, Chevalier de

Leopold;

Who, having communicated to each other their respective full powers found-

to be in good and due form, have agreed upon the following Articles:

Article I.—The Belgian Government will restore to the National Govern-

ment of the Republic of China, on the day of the coming into force of the

present Agreement, the administration of the Belgian Concession in Tientsin

which was granted to it by the Sino-Belgian Convention of February 6th,

1902 (28th day of the 12th month of the 27th year of Kingdom Hsu). The said'

Convention and contract relating thereto shall cease to be operative.

Article II.—The Provisional Belgian Municipal Council of the said Con-

cession shall cease to exist on the day of the coming into force of the present

Agreement.

All the documents, registers, and all other papers belonging to the Bel-

gian Administration shall be immediately handed over to the National Gov-

ernment of the Republic of China, whereupon the Provisional Municipal Coun-

cil will be entirely relieved of all responsibility for its administration.

SINO-FOREIGN TREATIES ]4!>

Article III.—Beginning from the day of the coming into force of the pre-

sent Agreement, the former Belgian Concession in Tientsin shall be entirely

administered under Chinese laws and regulations and protected by the same.

It shall likewise be subject to all Chinese imports and taxes in force.

Article IY.—All public properties of the Belgian Concession, such as

wharfs, piers, roads, railways together with the land occupied by them, in-

cluding block Q. lot b, in accordance with the map hereto annexed, and also

machines, implements, furniture, police equipment, as per inventory list hereto

attached, belonging to the Belgian Municipality, as well as the bank deposits

of the Belgian Municipality, shall he handed over to the National Government

of the Republic of China on the day of the coming into force of the present

Agreement.

Article Y.—The name and the status of the iSociete Anonyme de la Con-

cession Beige de Tientsin shall be modified in accordance with the new state

of things and the provisions of Article 6 of the present Agreement shall equally

be applicable thereto.

Article VI.—Within one month after the coming into force of the present

Agreement, the title deeds and certificates of private property issued by the

Belgian Consulate for land situated in the Belgian Concession shall be handed

over to the Chinese authority concerned who shall issue in exchange certificates

for perpetual lease. A registration fee of one dollar per mow shall be charged.

The Chinese authority concerned will issue the new certificates within a period

of a month.

Article VII.—The present Agreement shall be ratified as soon as possible

and shall come into force on the day on which the two Governments shall have

notified each other that the ratification has been effected.

Article VIII.--The present Agreement has been written in three languages,

Chinese, French and English, and in case of divergence of interpretation the

English text shall be authoritive.

In witness whereof, the respective Plenipotentiaries have siged the present

Agreement in duplicate and have affixed their seals thereto.

Done at Tientsin this thirty first day of the eighth month of the eighteenth

year of the Republic of China, corresponding to the thirty first day of August,,

nineteen hundred and twenty nine.

(Signed) P. Ling,

K. T. Chao,

Tsong-Fah Hwang,

Tcheng Hungsin,

Plenipotentiaries for China.

J. Gullaume,

Plenipotentiary for Belgium.

SINO - JAPANESE AGREEMENT

Article I.—The Chinese and the Japanese Governments agree that ail

matters relating to rates of duty on the import and export of articles, draw-

backs, transit dues and tonnage dues in the territories of China and the ter-

ritories of Japan shall be regulated exclusively by the laws of China and

of Japan respectively.

Article IT.—The Governments of China and of Japan shall reciprocally

grant to each other and to the nationals of the other country, in customs-

duties, drawbacks and transit dues and all other similar internal charges,

.150 SINO-FOREIGN TREATIES

applied to the import and export of articles, and in tonnage dues, as well

as in all matters connected therewith, treatment'not less favourable than that

accorded or to be accorded to its own ^nationals or to the Government and

nationals of any other foreign country.

Articles produced or manufactured in the territories of China or of Japan

and imported into the territories of the Other,-from whatever place arriving,

shall receive, in import duties, drawbacks and transit dues and all other similar

internal charges; and in all matters connected therewith, treatment not less

favourable than that: accorded or to be accorded to the like articles produced

or manufactured in any other foreign country.

Articles'produced or manufactured in the territories of China or of Japan

and exported to the territories of the other shall receive, in export duties,

drawbacks and transit dues and all other similar internal charges; and in

all matters ^connected therewith, treatment not less favourable than that

accorded of to" be accorded to' the like articles produced or manufactured in

the same territories and exported to any other foreign country. .

In regard to tbnnage dues and all matters connected therewith vessels of

’China and of Japan shall each receive in the territories of the other treatment

not less

: favourable than that accorded or to be accorded to the vessels of any

-other'

1 foreign country^ .

. Article' III.—The stipulations’’ebiitained ip the foregoing Articles as well

as in the exchanged Notes annexed to the present Agreement shall be in-

corporated in, and form part of, a Treaty of Commerce and Navigation to

be negotiated and concluded as soon as possible between the Republic of China

and: the Empire of Japan. ; , ,

Article IV.—The ChiHese, Japanese and English texts of this Agreement

have been carefully compared and verified: 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 prevail.

day Article

followingV..—-The present

the date of theAgreement

signature shall

thereof.enter into force on , the tenth

Done in duplicate at the city of Nanking, this sixth day of the/fifth month

of the nineteenth year of the Republic of China, ebrresponding to the sixth

day of the fifth month of the fifth year of Showa. • • : t . , • (

Chengting T. Wang,

Minister for Foreign Affairs of The

National Government of the Repu-

blic of China.

M. Shigmitsu,

Japanese Charge d1 Affaires in

China.

Convention Regulating the Relations Between China and France Concerning

French Indo-China and the Chinese Provinces Adjoining.

(Translation) ’

The National Government of the Republic of China and the Government

of the Republic of Franee, animated by the desire to further consolidate the

ties Of friendsnip which happily--subsist’ between the two countries, and to pro-

mote the commercial relations befcw'een China and French Indo-China, have

•decided to conclude a new Convention and have, for this purpose, named as

their respective Plenipotentiaries, that is to say: • ■ ’..s •<.;.< ■ lifiur.t

The President of the National Government of the Republic‘ Of China:

His Excellency Dr. Ohengting T. Wang, Minister of Foreign

Affairs of the National Government of the Republic Of China:

SINO-FOREIGN TREATIES 151

The. President x)f ,the Republic df Fr ance ;

His Exceliency Comte de Martel, Ambassador, Envoy Extraoi'din-

ary and Minister Plenipotentiary of the Republic of France to

China, Cymmander, of the Legion of Honour;

Who, having communicated to each other their respective full powers/founds

in. good and due form, havb agreed upon the-following Articles :

Article I.—The Sino-French Commercial Conventidii of Tientsin of i the

twenty-second day of the third moon of the twelfth year of Kwang Hsu (April

25, 1886), the Additional Commercial Convention, signed at Peking on the

sixth day bf the fifth hiodn of tie thirteen yea;r of Kwang Hsu1 (June 26,

1887) together with the notes relating to this Convention, exchanged at Peking

on the third day of the fifth moon of the thirteenth year Of iKwang Hsu (Tune

23, 1887), and the Supplementary Cbnvention signed at Peking on the twenty-

eighth day of the fifth moon of the twenty-first year of Kwang Hsxi (June

20, 1895) are abrogated and cease to be operative. The provisions of Articles

4, 5 and 6 of the Treaty of Tientsin of. the twenty-seventh day of the fourth

moon of the eleventh year of Kwang Hsu (June 9. 1886) are also abrogated.

Article it.—The city of Lungchow of Kwangsi and, those of Szemao

Hokow and Mengtze of Yunnan shall remain open to the trade across the landr

frpntiey of China and French Indo-China.

Article III.—The Chinese Government may send Consuls to Hanoi or

Haiphong and to Saigon, cities of French Indo-China, and the French Gov-

ernment may continue to send Consuls to the localities mentioned in the pre-

ceding Article. y.t . . . . . . ,v/, ,, ;

I The heads and acting heads of Consulates and vice-ConsUlates, as well as

the members of the Consular service shall be nationals of the country which ■

appoints them. They shall not engage in commerce or industry.

Article IV.—Chinese nationals entering the territory of French Indo-

China and' French nationals of Indp-China entering the territory to China

must be provided with passports issued by the competent authorities of .(heir

country of origin. Such passports shall be visaed by a Consulate of: the

country of destination or by the proper authorities of the said country.'

The High Contracting Parties undertake fo grant to ekeh other, in con-

formity with their respective laws and regulations, the most-favoured-nation

treatment'with regard to the fulfilment of formalities, including those relating

to identification, cbhcerning (1) p'assjlorts (2) the system of interna,! laissez-

passef and Visa fbt departure (3) the entty or .departure of Chinese nationals

and French nationals of Indo-China going tn Dido-Chiria or the three'provinces-

of -Yunnan, Kwangsi and Kwangtung.

Nothing is changed in the system of temporary or permanent passes issued

to inhabitants of the frontier who a‘re ne'cessitated by. their work or business,

to stay temporarily in or to go fffeqUettfjty cd’tBe, territory' of the other country'

in the neighbourhood of the boundary.

ArticleinV.—The

nationals nationals of China

the above-mentioned (n French

Chinese localitiesIndOrGhina.

shall haveandthetheright

Frenchto

reside, travel and engage in industry or commerce. The treatment accorded

to them' for the exercise Of such'rights, in'conformity with the laws and ).’e- ,

gulations in force in China' or French Indo-China, shall in no way be less-

favourable than that of the .nationals of any either Power.

. The nationals of China in French Indo-China. and the French nationals

in the abqve specified Chinese localities shall not be subjected to. taxes, im-

posts or contributions higher or other than, those; to which nationals of the

mpst-fayoured-nation may be subjected,;

Article VI.—Chinese goods exported from any Chinese port and trans-

ported without transhipment or with a,through bill of lading to the Provinces

of Yunnan, Kwangsi or Kwangfung and using the territory of Tonking, shall

552 SINO-FOREIGN TREATIES

enjoy a preferential treatment and shall not be subjected to the transit duty

of the general tariff.

They will only pay a duty of 1% ad valorem.

(Likewise, Chinese goods exported from the Provinces of Yunnan, Kwangsi

and Kwangtung to any authorized destination and using the territory of

Tonkin shall enjoy a preferential treatment and shall not be subjected to the

transit duty of the general tariff.

Minerals of any kind, raw tin, and raw hides, as well as articles hereafter

set down or to be set down subsequently in List A annexed to. the present Con-

vention shall be exempted from all duties. Other goods shall pay a duty of

1% ad valorem.

War materials, arms and ammunitions which the. National Government

m’ay desire to transport in transit over the territory of Tonkin shall be

exempte'd from all duties.

Indo-Chinese vessels, excepting warships and vessels for the transportation

of • troops, arms and ammunitions, may ply between Lang Son and Caobang

by way of the rivers Long Ki Kong and Long Ban Giang which connect Lang

Son with Luhgchou and Caobang. Such vessels and the goods transported on

them in transit shall be exempted from the payment of any duties for their

entry in China.

uponArticle VII.—The two,

the importation, Governments

exportation respectively

or transit undertake

in French not to establish

Indo-China and the

three Provinces of Yunnan, Kwangsi and Kwangtung, any prohibition cr

restriction which is not immediately applicable to other countries.

The two Governments, however, reserVe to themselves the right of imposing

any prohibitions or restrictions upon the importation, exportation or transit

of any goods from one country to the other for reasons of national defence

and national food supply, for the protection .of art objects and scientific pro-

perties, for the prevention of epidemics or epizootics, for the protection of

harvests, for the maintenance of public morality or government monopolies,

provided that such prohibitions or restrictions are justified by absolute neces-

sity and shall be applicable to any country or countries under the same con-

ditions.

Article VIII.—The Chinese Government in the Provinces of Yunnan,

Kwangsi and Kwangtung and the French Government on the territory of

French Indo-China shall not levy under any pretext whatsoever upon goods

respectively imported or exported by French or Chinese nationals excise duties

•or internal taxes other or higher than those which are paid their own nationals

or by nationals of any other Power.

Article IX.—The nationals of China guilty or accused of crirhes or mis-

demeanours committed in China and taking refuge on the territory of French

Indo-China and the French nationals guilty or accused of crimes or mis-

meanours committed in French Indo-China and taking refuge on the territory

of China shall, at the request of the authorities concerned and upon the proof

•of their culpability, be searched for, arrested and extradited, it being under-

stood that exception will be made of all cases in which according to inter-

national usage extradition is not effected.

Article X.—The present Convention shall be in force for a period of five

years. Either of the High Contracting Parties may notify the other, six

months before the expiration of the said period, of its desire to revise or

terminate the Convention. In case both Parties fail to notify each other in

time

to be ofin their

force,desire to revise

provided, or terminate

however, the Convention,

that at any it shall

time after the continueof

expiration

the said five-year period either Party may notify the other of its desire to

revise or terminate the Convention, which shall then become null and void

one year after the date of such notification.

The present Convention with its annexes shall be ratified as soon as pos-

sible and the exchange of ratifications shall take place in Paris. It shall he

SHANGHAI PROVISIONAL COURT 153

promulgated in Indo-China and shall come there into force at the same time

as in the three Provinces of Yunnan, Kwangsi and Kwangtung, two months

after the exchange of ratifications.

Article XI.—The present Convention has been drawn up in Chinese and

French, both texts having been carefully compared and verified.

In faith whereof the respective Plenipotentiaries have signed the present

Convention in duplicate and have affixed thereto their seals.

iDone at Nanking this sixteenth day of the fifth month of the nineteenth

year of the Republic of China, corresponding to the sixteenth day of May,

nineteen hundred and thirty.

(L. S.) (Signed) Chengting T. Wang.

(L. S.) (Signed) D, De Martel.

REORGANIZATION OE THE SHANGHAI

PROVISIONAL COURT

On May 8, 1929, the Ministry for Foreign Affairs addressed identic notes-

to the Ministers of Great Britain, The United States, France, Netherlands,

Norway and Brazil requesting them forthwith to begin negotiations for tlie

reorganization of the Provisional Court of the Shanghai International Settle-

ment. Mr. Oudendijk, the iDutch Minister, on behalf of the interested Powers,

replied on June 7, stating that the Court was a strictly local affair, and its

reorganization should be examined on behalf of the (Legations concerned by a

Commission chosen from among their local representatives together with the re-

presentatives of the Chinese Government. Dr. C. T. Wang protested on July

3, and insisted on the settlement of the affair directly with the Ministers them-

selves. On August 2, Mr. Oudendijk accepted Dr. Wang’s proposal.

Beginning from December 9, 1929, the resultant conference held twenty-

eight meetings at Nanking. A draft agreement was drawn up and referred by

the Delegates to their respective Governments. On February 17, 1930, the

Agreement was signed at Nanking by the representatives of the Ministers of

the interested Powers, with the exception of the French delegate Mr. Koechliu,

who had not then received the necessary instructions from his Government. The

latter’s signature was, however, affixed on behalf of the French Minister, at

Shanghai, five days later.

The following is the text of the Agreement:

Agreement Relating to the Chinese Courts in the International Settle^

ment at Shanghai.

Article I.—From the date on which the present* Agreement comes, into force,,

ence to the establishment of a Chinese ofcourt

all former rules, agreements, exchange notesinetthecetera having special

International refer-

Settlement

at Shanghai shall be abolished.

Article II.—The Chinese Governxfaent shall, in accordance with Chinese laws

and regulations relating to the judiciary and subject to the terms of the

present Agreement, establish in the International Settlement at' Shanghai a

District Court (Ti Fang Fa Yuan) and a Branch High Court (Kao Teng

Fa Yqen Fen Yuan). All Chinese laws and regulations, substantive as well

as procedural, which are now in force, or which may hereafter be duly enacted

and promulgated shall be applicable in the Courts, due account being taken

of the Land Regulations and Bye-Laws of the International Settlement, which

are applicable pending their adoption and promulgation by the Chinese Gov-

ernment, and of the terms of the present Agreement.

Judgments, decisions and rulings of the Branch High Court are subject to

appeal, according to Chinese law, to the Supreme Court of China.

154 SHANGHAI PROVISIONAL COURT

Article III.—The former practice of consular deputies or consular officials

appearing to. watch proceedings or to sit jointly in the Chinese Court now

functioning in the International Settlement shall be discontinued in the,Courts

established under the present Agreement.

Article I V.—-When any person is arrested by the municipal or judicial police

he shall, within twenty-four hours; exclusive of holidays, be sent to the Courts

established under the present Agreement to be dealt with, failing which he

shall be released.

Article. V.-—The Courts established tinder the present Agreement shall each

have a certain number of procurators to be appointed by the Chinfe^e Govern-

ment, who shall hold'ihquestS and iiltopsies (Chien Yen) within the jurisdic-

tion of these Courts and shall otherwise perform their functions in accordance

with Chinese law in all cases involving the application of Articles 103 to

186 of the Chinese Criminal Code, except where the municipal police of the

International Settlement or the party concerned has already initiated prosecu-

tion, provided that all preliminary investigations conducted by the procurator

shall be held publicly and counsel for the accused shall have the right to be

present and heard.

In other cases arising within the jurisdiction of the courts, the municipal

police or the party concerned shall prosecute. The procurator shall,have the

right to express his views in court in all criminal cases in which the prosecu-

tion is ihitiated'by the Municipal Police or the party'concerned;

Article VI.—All judicial' processes, such as summonses, warrants, orders

cefem,established

Courts shall jibe under

valid the

onlypresent

after Agreement,

they have been sighed they

whereupon by ashall

judge of the

be served

or executed by the judicial police or, as provided below, by the process-servers

thereof.

No person found in the International Settlement shall be handed over .to

the extra-Settlement authorities without a preliminary investigation in court*

at which counsel for the accused shall have the right to he present and heard,

except in the case of requests emanating from other modern law courts when

the accused may be handed over after his identity has been established by the

Court.

All judgments, decisions, and rulings of the Courts shall be executed as

soon as they become final a result of the judicial procedure in force in the

said Courts. Whenever necessary, the Municipal Police shalL render any

assistance within their power as. may be requested of them.

The process-servers of the Courts shall be appointed by the Presidents of

the Courts respectively and their duties shall be to serve all summonses and

deliver other documents of the Courts in connection with civil cases. For the

execution

by of judgments

the judicial police. inThecivil cases,andthemembers

officers process-servers shall be police

of the judicial accompanied

of the

Courts shall be appointed by the President of the Branch High.Court upon the

recommendation of the Municipal Council and shall be subject to dismissal by

the President of that Court upon cause shown. Their services will also be

terminated by the President at the request of the Municipal Council upon

cause shown. They shall wear the uniform designed by the Chinese judicial

authorities, and shall be subject to the orders and direction of the Courts and

faithful to their duties.

Article VII.—The House of Detention for civil cases and the Women's

Prison attached to the Chinese court now functioning in the International

Settlement at Shanghai shall be transferred from that Court to the Courts

established under the present Agreement and shall be supervised and admini-

stered by the Chinese authorities.

All prisoners now serving Sentences in the prison attached to the Chinese

Court now functioning in the International Settlement and those sentenced

*)y the CourtsCourts,

of the said established

serve under the presenteither

their sentences Agreement

in suchshall,

prisonsat the discretion

in the Settle-

ment or in Chinese prisons outside the Settlement, except that offenders against

SHANGHAI PEOyiSIONAL COURT 1,55

the Police Offices Code and the Land Regiflations and Bye-laws and persons

under arrest awaiting trial shall serve their periods of detention in the Settle-

ment. The prisons in the Settlement shall be operated as far as practicable,,

in conformity

tion, from timewith Chinese

to time, prison appointed

by officers regulationsbyandtheshall be subject

Chinese judicialtoauthori-

inspec-

ties.

Persons sentenced to. death by the Courts established under the present

Agreement shall be sent to the Chinese authorities outside of the 'Settlement

for execution of such sentence.

Article VIII.—Foreign lawyers duly qualified will be admitted to practice

in the Courts established under the present Agreement in all cases in which

a foreigner is a party, provided such foreign lawyer can only fepresnt the

foreign party concerned. The Municipal' Council may also be represented in

the same manner by duly qualified lawyers, Chinese or foreign, in any pro-

ceedings in which the Council is complainant or plaintiff or the Municipal

Police is prosecutor.

In other cases or proceedings in which the Council considers the interests'

of the Settlement to be involved, it may be represented by a duly qualified

lawyer, Chinese or foreign, who may submit to the Court his views in writing

during the proceedings and who may, if he deems necessary, file a petition in

intervention in accordance with the provisions of the Code of Civil Procedure.

Foreign lawyers who are entitled to practice under this Article in the above-

mentioned Courts shall apply to the Ministry of Justice for lawyers’ certificates

and shall be subject to Chinese laws and' regulations applicable to lawyers,

including those governing their disciplinary punishment.

Article IX.—Four permanent representatives shall be appointed, two by

the Chinese Government and two by the Governments of the other Powers

signatory to the present Agreement, who together shall seek to reconcile such,

differences of opinion regarding the interpretation or application of the ore-

sent Agreement as may be referred to them by the President of the Branch High-

Court or by the authorities of the signatory foreign Powers, provided that

their Report shall have no binding force upon either party except by mutual

consent, it being understood that no judgments, decisions, rulings or orders

of the Courts as such shall be referred to the. aforesaid representatives for

consideration.

Article X.—The present Agreement and the attached notes shall enter into-

effect on April 1, 1930 and shall continue in force for a period of three years

from that date, provided that they may be extended for an additional period

upon mutual consent of the parties thereto.

Signed February 17, 1930.

(Signed) Hsu Mo.

On behalf of the Minister for

Foreign Affairs.

J. de Pinto Dias.

On behalf of the Brazilian

Charge d’Affaires.

In the name of the Joseph E. Minister.

American Jacobs.

W. Meyeick Hewlett.

On behalf of His Britannic

Majesty's Minister.

L. GROtfVOLD.

On behalf of the Norwegian

Charge d'Affaires.

F. E. H. Geoenman.

On behalf of the Netherlands

Charge d’Affaires.

1&6 SHANGHAI PROVISIONAL COURT

Note FRok Heads of Legations Conceened to 'Minister for Foreign Affairs.

Nanking, February 17, 1930.

Sir,

With reference to, the Agreement which wo have signed to-day concerning

the establishment of a iDistrict Court and a Branch High Court in the In-

ternational Settlement at Shanghai, we have the honour to request your con-

firmation of our understanding bn the following points:

1.—It is understood that the Courts established under the present Agree-

ment, shall exercise jurisdiction over civil and criminal cases as well as

police offences and inquests in the International Settlement at Shanghai, pro-

vided that'the jurisdiction of the, said Courts ovey persons shall be the same

as that of other Chinese Courts and provided that their territorial jurisdic-

tion shall be the same as that of the Chinese Court now functioning in the

International Settlement at (Shanghai, except (a) mixed criminal cases arising

on private foreign property outside the limits of the Settlement and (b) mixed

civil cases arising in areas surrounding the Settlement.

‘ 2.—It is understood that’the present practice regarding the respective juris-

dictions of. the Chinese Court now functioning in the International Settlement

and the. Court existing in the French Concession shallBe 'followed,. pending a

definite arrangement between the 'Chinese Government and the authorities con-

cerned. 1 t\ '-V V ' ' "

3. '—Jt is understood that as far as practicable Chines

by the Municipal Council to serve as officers and members of the judicial police

of; the, Courts established under the present Agreement. It is further under-

stood that among the officers of the judicial police appointed by the President

of the Branch High Court under Article VI of the present Agreement, there

will be one to be designated by the Municipal Council, to whom will be gllottod

by the President an office on the court premises and who will make an entry

of all judicial processes of the Courts, such as summonses, warrants, orders

and judgments, for the purpose of service or execution in accordance wuth the

provisions of the 'above-mentioned Article. .

4. —It is understood that the’establishment of the Cou

present Agreement in no way affects the validity of judgments rendered' by the'

Court now functioning in the International Settlement and its:.predecessor,

and that such judgments shall be considered as final and valid, except where an-

appeal has been lawfully taken or reserved. It is further understood, that the

judgments of the Courts established under the present Agreement shall be on

the same footing as regards validity as the judgments of all other Chinese

Courts.

5. —It is understood that the present Agreement does

or prejudice any future negotiations regarding the status of extra-Settlement

roads.

6. —It is understood that the sum of $60,000 (sixty

on deposit with the Bank of China to the credit of the present Chinese Court

in the International Settlement shall he maintained by the Chinese Government

to the credit of the.new Courts established under the present Agreement.

7. —It is agreed that in accordance with Chinese law

tained by theconfiscated

for atticles Courts established underwhich

by the Courts, the present Agreement,

remain the propertyaofstorage room

the Chinese

Government, it being understood that confiscated opium and instruments for

the smoking and preparation thereof shall be burned publicity in the Inter-

national Settlement every three months and that the Municipal Council may

present to the Presidents of the Courts for transmission to the Ministry of

.Justice such, suggestions as it may desire to make regarding the disposal of

confiscated arms.

SHANGHAI PROVISIONAL COURT 157

8.—It is understood that upon the coming into force of the present Agree-

mient, all cases pending in the Chinese Court now functioning in the Inter-

national Settlement shall be dealt with in the Courts established under the

■present Agreement in accordance with the procedure in foroe in the latter

-Courts, provided that the proceedings in mixed cases shall, as far aa practi-

cable, be continued from the point where they are taken over and concluded

with a period of twelve months which period may be extended at the discretion

»of the Court when the circumstances in any case so warrant.

(Signed) J. de Pinto Dias.

On behalf, of- the Brazilian

Charge d’Affaires.

Joseph E. Jacobs.

In the name of the American Minister.

W. Meyrick Hewlett.

On behalf of His Britannic

Majesty's Minister.

lL. Gronvold.

On behalf of the Norwegian

- Charge d’Affaires.

F. E. H. Groeman.

on behalf of the Netherlands

Charge d’Affaires.

Identic Note From Minister for Foreign Affairs to Heads of Legations

Concerned.

Nanking, February 17, 1930.

'Sir,

I have the honour to acknowledge the receipt of your Note referring to the

Agreement ;which Aye have .signed to-day concerning the establishment of a Dis-

trict Court and a Branch High Court in the International Settlement at

Shanghai, in which you request my confirmation of the following points: {See

preceding letter).

In reply I have the honour to confirm the understooding of the points as

quoted above.

(Signed) Hsu Mo.

On behalf of the Minister for

Foreign Affairs.

CHARTER OE THE COLONY OE HONGKONG-

Letters Patent passed under the Great Seal of the United Kingdom^

constituting the office of Governor and Commander-in-Chief of the

Colony of Hongkong and its Dependencies.

fwrttarff.m? George the Fifth

Britain and byIreland

the Grace

and ofof the

GodBritish

of theDominions

United Kingdom of Grea

beyond the Seas-

King, Defender of the Faith, Emperor of India: To all to whom-

these Presents shall come, Greeting.

Kooites

Patent ofLetters

19th United Whereas, by certain Letters Patent under the Great Seal of Our

January, 1888. Kingdom of Great Britain and Ireland, bearing date at Westmins-

ter the Nineteenth day of January 1888, Her Majesty Queen Victoria did -

constitute the office of Governor and Commander-in-Chief in and over

the Colony of Hongkong and its Dependencies, as therein decribed, and

did provide for the Government thereof:

And whereas by Orders of Her said Majesty in Her Privy Council

bearing date respectively the Twentieth day October, 1898, and the

Twenty-seventh day of December, 1899, certain territories adjacent to the

said Colony were, for the term therein ? merred to, declared to be part and

parcel of the Colony in like manner and for all intents and purposes as if

they had originally formed part of the Colony:

And whereas We are minded to make other provision in lieu of the

above recited Letters Patent of the Nineteenth day of January 1888:

Now, know ye that We do by these presents revoke the above recited"

™T Letters Patent of the Nineteenth day of January, 1888, but without pre-

judice to anything lawfully done thereunder; and We do by these Our

Letters Patent declare Our Will and Pleasure as follows:

I.—There shall be a Governor and Commander-in-Chief in and over

' Our Colony of Hongkong and its Dependencies (hereinafter called the

Colony), and appointments to the said Office shall be made by Commission*

under Our Sign Manual and Signet.

II.—We do hereby authorise, empower, and command our said

£E£ Governor and Commander-in-Chief (hereinafter called the Governor) to do

and execute all things that belong to his said office, according to the tenour

of these our Letters Patent and of any Commission issued to him under

Our Sign Manual and Signet, and according to such Instructions as may

from time to time be given to him, under Our Sign Manual and Signet, or

by Order in Our Privy Council, or by Us through one of Our Principal

Secretaries of State, and to such laws as are now or shall hereafter be in

force in the Colony.

T*ablicationCom-

Governor’s of III.—Every person appointed to fill the office of Governor shall with

mission. all due solemnity, before entering upon any of the duties of his office,

cause the commission appointing him to be Governor to be read and

published in the presence of the Chief Justice or other Judge of the

Supreme Court, and of such Members of the Executive Council of the

CHARTER OF THE COLOXY OF HONGKONG

■Colony as can conveniently attend; which being done he shall then and

there take before them the Oath of Allegiance in the form provided by an Governor^6"

Act passed in the session holden in the Thirty-first and Thirty-second

years of the reign of Her Majesty Queen Victoria, intituled “ An Act to

amend the Law relating to Promissory Oaths and likewise the usual

Oath for the due execution of the office of Governor,, and for the due and

impartial administration of justice; which Oaths the said Chief Justice or

-Judge, or if they be unavoidably absent, the senior Member of the

Executive Council then present, is hereby required to administer.

IV. —The Governor shall keep and use the public seal of the

V. —There shall be an Executive Council in and for the Colo

dhe said Council shall consist of such persons as We shall direct by

Instructions under Our Sign Manual and Signet, and all such persons shall

hold their places in the, said Council during Our pleasure. The Governor

anay upon sufficient cause to him appearing suspend from the exercise of

his functions in the Council any Member thereof pending the signification

of Our pleasure, giving immediate notice to TJs through one. of Our Prin-

cipal Secretaries of State. If the suspension is confirmed by Us through

one of Our Principal Secretaries of State the Governor shall forthwith by

an instrument under the Public Seal of the Colony revoke the appoint-

ment of such Member, and thereupon his seat in the Council shall become

vacant.

VI. —There shall be a Legislative Council in and for the Co

the said Council shall consist of the Governor and such persons as We

«hall direct by any Instructions under Our Sign Manual and Signet, and

all such persons shall hold their places in the said Council during Our

pleasure. The Governor may upon sufficient cause to him appearing

suspend from the exercise of his functions in the Council any Member

thereof pending the signification of Our pleasure, giving immediate notice

to Us through one of Our Principal Secretaries of State. If the suspension

is confirmed by Us through one of Our Principal Secretaries of State the

Governor shall forthwith by an instrument under the Public Seal of the

Colony revoke the appointment of such Member, and thereupon his seat

in the Council shall become vacant.

VII. —The Governor, by and with the advice and cons

Legislative Council, may make laws for the peace, order, and good govern- a.»otofComidi,

£o raat<

ment of the Colony. ®

VIII. —We do hereby reserve to Ourselves,-Our heirs an

full power and authority to disallow, through one of Our Principal Secret-

aries of Stale, any such law as aforesaid. Every such disallowance shall

take effect from the time when the same shall be promulgated by the

Governor in the Colony.

IX. —We do also reserve to Ourselves, Our heirs and succes

and their undoubted right, with advice of Our or their Privy Council,

to make all such laws as may appear necessary for the peace, order, and

good government of the Colony.

X. —When a Bill passed by the Legislative Council is presente

Governor for his assent he shall, according to his discretion, but subject

to any Instructions addressed to him under Our Sign Manual and Signet

-or through me of Our Principal Secretaries of State, declare that he as-

sents thereto, or refuses his assent to the same, or that he reserves the

tsame for the signification of Our pleasure.

XI. —A Bill reserved for the signification of Our pleasure

•effect so soon as We shall have given Our assent to the same by Order in

100 CHARTER OP THE COLONY OP HONGKONG

Council, or through one of Our Principal Secretaries of State, and the-

Oovrirnor shall have signified such assent by message to the Legislative

Council or by proclamation:, Provided that no such message shall be issued

after two years from the day, on which the Bill was presented to the

Governor for his assent.

Governor

Legislative and XII. —In th

Council to obser- Council shall conform to and observe All rules; regulations; and directions-

ve Instructions. in that behalf contained in any Instructions under Our Sign Manual and

Signet.

XIII. —T

execute, under the Public Seal of the Colony, grants and dispositions of

any lands which may be lawfully granted or disposed of by Us. Provided'

that every such grant, or. disposition be made in conformity either with

some law in force in the Colony or with some Instructions addressed to-

the Governor under Our Sign Manual and Signet, or through one of Our

Principal Secretaries of State; or with some regulations in force in the

Colony.

XTV.—-The Governor may constitute and appoint all such Judges

powered to ap-and Commissioners,

point officers. Ministers in the Justices

otherJudges of the Peace, and other necessary Officers and

Colony, as may lawfully he constituted or appointed by

IJs, all of whom, unless otherwise provided by law, shall hold their offices-

during Our pleasure.

Grant of pardon. XV. —When

Oolony, or for which the offender may be tried therein, the Governor may,

as be shall see occasion, in Our name and on Our behalf, grant a pardon

to any accomplice in such crime or offence who shall give such information

as. shall lead to the conviction of the principal offender, or of any one of

such offenders, if more than one; and further, may grant to any offender

convicted of any crime or offence in any Court, or before any Judge of

other Magistrate within the Colony, a pardon either free or subject to

lawful conditions, or any remission of the sentence passed on such offender

or any respite of the execution of such sentence for such period as the

Remission of Governor thinks fit, and may remit any fines, penalties, or forfeitures due

or accrued to ITs. Provided always that the Governor shall in no case,

Banish- except when the offence has been of a political nature unaccompanied by

Proviso.prohibited.

tnent

Exception. any other grave crime, make it a condition of any pardon or remission of

Political offences sentence that the offender shall be banished from or shall absent himself

or be removed from the Colony.

Bus pension of dismiss anyThe

Dismissal and XVI. Governor may, upon sufficient cause to him appearing,

public dfficer not appointed by virtue of a Warrant from IJs,

whose pensionable emoluments do not exceed one! thousand dollars or one

hundred pounds sterling a year, according as the said emoluments are

fixed with reference to dollars or to pounds sterling as the case may be,

provided that in every such case the grounds of intended dismissal are

definitely stated in writing and communicated to the officer in order that

he may have full opportunity of exculpating himself, and that the matter

is investigated by the Governor with the aid of the head for the time be-

ing of the department in which the officer is serving

The Governor may, upon sufficient cause to him appearing, also

suspend from the exercise of his office any person holding any office in the

Colony whether appointed by virtue of any^ Commission or Warrant from

Us, or in Our name, or by any other mode of appointment. , Such suspen-

sion shall continue and have effect only until Our pleasure therein shall be

signified to the Governor. If the suspension is -confirmed by, one of

Our Principal Secretaries of State, the Governor shall forthwith cause

CHARTER OF THE COLONY OF HONGKONG 161

the officer to be s6 informed, and thereupon his office shall become vacant.

In proceeding to any such suspension, the Governor is strictly to observe

the directions in that behalf given to him by Our Instructions as aforesaid.

XVII.—Whenever the office of Governor is vacant, or if the Governor succession to

become incapable, or be absent from the Colony, Our Lieutenant Governor Government,

of the Colony, or if there shall be no such Officer therein, then such person

or persons as may be appointed under the Royal Sign Manual and Signet,

and in default of any such appointment, the person lawfully discharging

the functions of Colonial Secretary shall during Our pleasure administer

the Government of the' Colony, first taking the Oaths' herein before directed oi0ffice

proviso. o*tiw

to be taken by the Governor and in the manner herein prescribed; which -

being done, We do hereby authorise, empower, and command Our Adminiatrator powers, &c., of

Lieutenant Governor, or any other such Administrator as aforesaid, to '

do and execute, during Our pleasure, all things that belong to the office of

Governor and Commander-in-Chief, according to the tenour of these Our

Letters Patent, and according to Our Instructions as aforesaid, and the

laws of the Colony.

XVIII.—And We do hereby require and command all Our officials and officers and

ministers, civil and military, and all other inhabitants of the Colony,

to be obedient, aiding and assisting unto the Governor and to any person Governor,

for the time being administering the Government of the Colony.

XIX. —In these Our Letters Patent the term “the Gove

include every person for the time being administering the government of

the Colony.

XX. —And We do hereby reserve to Ourselves,reserved Our heirs and s

full power and authority, from time to time, to revoke, alter, or amend totoPower His Majesty

revoke, alter

these Our Letters Patent as to Us or them shall seem meet. orLetters

amend present

Patent.

XXI. —And We dp further direct andLetters enjoin

Publication ofthat these

Patent.

Patent shall be read and proclaimed at such place or places within the

Colony as the Governor shall think fit, and shall come into operation on

a day to be fixed by the Governor by Proclamation.

In witness whereof We have caused these Our Letters to be made

Patent. Witness Ourself at Westminster, the Fourteenth day ofiFebruary

in the Seventh year of Our Reign.

By Warrant under the King’s Sign Manual,

Schuster.

6

ROYAL INSTRUCTIONS

CONSTITUTION OF THE EXECUTIVE AND

LEGISLATIVE COUNCILS

Instructions passed under the Royal Sign Manual and Signet to the

Governor and Commauder-in-Chief of th,e. Colony of Hongkong and

its Dependencies.

George B.I.

Ttated \Uh1917. Instructions to Our Governor and Commander-ih-Chief in and over Our

February, Colony of Hongkong and its Dependencies or other Officer for the

time being administering the Government of Our said Colony and

its Dependencies.

Whereas by certain Letters Patent under the Great Seal of Our

United Kingdom of Great Britain and Ireland, bearing even date

»o«. herewith, We have made provision for the office of Governor and Gom-

<1at e. mandef-in-Chief (therein and hereinafter called the Giovernor,) in and

over Our Colony of Hongkong, and its Dependencies (therein and here-

inafter called the Colony) :

Arid whereas We have thereby authorised and commanded the Gov-

ernor to do arid execute all things' that belong to his said office accord-

ing to the tenour of Our said Letters Patent and of any Commission is-

sued to him under Our Sign Manual and Signet and according to such

Instructions as may from time to time be given to him under Our Sign

Manual and Signet or by Order in Our Privy Council or by Us through

one of Our Principal Secretaries of State and to such laws as are now or

shall hereafter be in force in the Colony:

And whereas Her Majesty Queen Victoria did issue certain Instruc-

tions to the Governor under Her Sign Manual and Signet bearing date

the Nineteenth day of January, 1888, and certain Additional Instructions

bearing date the Seventh day of July, 1896 :

And whereas We are minded to substitute fresh Instructions for

the aforesaid Instructions and Additional Instructions:

Now therefore We do, by these Our Instructions under Our Sign

Manual and Signet, revoke as from the date of the coming into opera-

tion of Our said recited Letters Patent, the aforesaid Instructions of

the Nineteenth day of January, 1888, and the aforesaid Additional

Instructions of the Seventh day of July, 1896, but without prejudice to

anything lawfully done thereunder, and instead thereof We do direct

and enjoin and declare Our will and pleasure as follows

I.—The Governor may, whenever he thinks fit, require any person

in the public service of the Colony to take the Oath of Allegiance, in the

form prescribed by the Act mentioned in Our said recited Letters Patent,

together with such other Oath or Oaths as may from time to time be

prescribed by any laws in force in the Colony. The Governor is to

administer such Oaths, or to cause them to be administered by some

public officer of the Colony.

EOYAL INSTRUCTIONS—HONGKONG 16a

II. —The Executive Council of the Colony shall consist of the L

enant-G-overnor of the Colony (if any), the Senior Military Officer for Council,

the timebeiny in command of Our regular troops within the Colony,

the persons for the time being lawfully discharging the functions of

Colonial Secretary, of Attorney-General, of Secretary for Chinese Affairs,

and of Treasurer of the Colony, who are hereinafter referred to as

ex officio Members, and of such other persons as at the date of the

coming into operation of Our said recited Letters Patent are Members

of the said Council, or as We may from time to time appoint % any

Instructions or Warrant under Our Sign Manual and Signet, or as the

Governor in pursuance of Instructions from Us through one of Our

Principal Secretaries of State may from time to time appoint under

the Public Seal of the Colony. [ Vs amended by Additional Instruction dated 15-11-28.]

III. —Whenever any Member, other than an ex officio Me

the Executive Council of the Colony shall, by writing under his hand, M^nb'erTo/the

resign his seat in the Council, or shall die. or be declared by the Executive

, Governor by an Instrument under the Public Seal of the Colony to be

incapable of exercising his functions as a Member of the Council, or be

absent from the Colony, or shall be acting in an office the holder of

which is an ex officio Member of the Council, or shall be suspended from

the exercise of his functions as a Member of the Council, the Governor

may, by an Instrument under the Public Seal of the Colouy, provisionally

appoint any public officer to be temporarily an Official or1 Unofficial

Member of the Council, and any person not a public officer to be tem-

porarily an Unofficial Member of the Council in the place of the Member

so resigning, or dying, or being suspended, or declared incapable, or

being absent, or sitting as an ex officio Membef.

Such person shall forthwith ceaie to be a Memberffif the Council if

his appointment is disallowed by Us, or if the Member in whose place he

was appointed shall be released from suspension, or, as the case may be,

shall be declared by the Governor by an Instrument under th ‘ Public

Beal capable'of again discharging his functions in the Council, or shall

return to the Colony, or shall cease to sit in the Council as an ex officio

Member.

IY.—The Governor shall without delay, hejioft to Usr, for Our con- Such provisional

firmatioa or disallowance, through one of Our Principal Secretaries of beimmSiateiy0

State, every provisional appointment of any person as a Member of the reported,

said Executive Council. Every such person.shall hold his place in the

Council during Our pleasure, and the Governor.may by an Instrument

under the Public Seal revoke any such appointment.

Y.—The Official Members of the Executive'Oouhcib'shall take ptni- Precedences

eedenca of the Unofficial; Members, and among themselves shall have

seniority and precedence’ as’ We may specially assigh,: and, in default

thereof, first, the ex officio Members in the order in which' their offices

are above mentioned (except that; the Senipr Militury. Qfficep, jf/below

the rank of Lieutenant-Colonel in Our Ashall take precedence after

the person lawfully, discharging the, functions of Attorney-General),. a,nd

then other'Official Members and all Unofficial Members according to the

priority of their respective appointments, or if,,appointed by i r .in, pur-

suance of the same. Instrument, according: to, the order in which they are

named therein,

VI.—The Governor shall forthwith communicate these Our lnstruc- Governor to

lions to the'Executi ve Coiincil, and likewise all subh others; from itiine to $5®

time, as We may direct;1 or as he shall find convenient forOur service to Executive

impart to them. * . ; •. , Couneil-

*6

164 KOYAL IIS'STUUCTIO^S—HONGKOKG

Executive.' ,. TIL—The Executive Council shall not proceed to the despatch of

proceed not

Council

business tounlessto business unless duly summoned by authority of the Governor, nor unless

two Members at the least (exclusive of himself or of the Member presid-

summoned

Governor's by ing),1 be present and assisting throughout the whole of the meetings at

authority.

Quorum. which any ^uch business shall be despatched..

Who to preside. VIII. —-T

the Executive Council, unless when prevented by illness or other grave

cause, and in his absence such Member as the Governor may appoint, or in

the absence of such Member the senior Member of the Council actually

present, shall preside.

Minutes of

Executive IX. —Minutes

Council to be Executive Council; and at, each meeting of the Council the Minutes of

the last preceding meeting shall be confirmed or amended, as the case

may require, before proceeding to the despatch of any other business.

To hehome

ted transmit Twice in each year a full and exact copy of all Minutes for the

twice preceding half year shall be transmitted tp Us through one of Our

Principal Secretaries of State.

Execu- Governor by Our said recited Letters—In

consultCouncil.

tive

X.

Patent, he shall in all cases consult

the exec

with the Executive Council, excepting only in cases which may be of such

a nature that, in bis judgment, Our service would sustain material pre-

judice by consulting the Council thereupon, or when the matters to be

decided shall be too unimportant to require their advice, or too urgent

to admit of their advice be:ng given by the time within which it .may be

necessary for him to act in respect of any such matters. In all such

urgent cases he shall, at the earliest practicable period, communicate to

the Executive Council the measures which he may so have adopted, with

the reasons therefor.

Governor

entitled toalone XI.

sub- the Executive —The Gove

mit questions. Council for their advice or decision ; but if the Governor

decline to submit any question to the Council when requested, in writing

by any Member so to do, it shall be competent to such Member to

require that there be recorded upon the Minutes his written application,

together with the answer returned by tjie Governor to the same.

act in opposition XII.—The Governor may, in the exercise of the powers and authori-

Executive ties granted to him by Our said recited Letters Patent, act in opposition

toCouncil

Reportin?for so he shalladvice

srvounds

to the given to him by the Members of the Executive Council, if

in any case deem it right to do so; but in any such case he shall

rfoin?.

Member may the grounds andmatter

fully report the to Us by the first convenient opportunity, with

reasons of his action. In every such case it shall be

adverse opinion

toon beMinutes. competent to any Member

recorded recorded at length on the Minutes of the said Council to require that there be

the grounds of any advice or opinion

he may give upon the question.

f

L^teiative”

Council, ° Governor, XIII.—The Legislative Council(ifofany),

the Lieutenant-Governor the the

Colony

SeniorshallMilitary

consist Officer

of the

for the time being in Command of Our regular troops within the Colony,

the persons for the time being lawfully discharging the functions of

Colonial Secretary, Attorney-General, Secretary for Chinese Affairs, and

Treasurer of the Colony, and such other persons holding office in the

Colony, and not exceeding four in number at any one time, as at the date

of the coming into operation of Our said recited Letters Patent are

Official Members Official Members of the said 1'ouncil, or as We may from time to time

appoint by any Instructions or Warrants under Our Sign Manual and

Signet, or as the Governor, in pursuance of Instructions from Us through

ROYAL INSTRUCTIONS—HONGKONG 165

cue of Our Principal Secretaries of State, may from time to time

appoint by an Instrument under the Public Seal of the Colony, and all

such .persons shall be styled Official Members of the Legislative Council;

and further of such persons, not exceeding eight in number at any one time,

as at the date of ..the coming into operation of Our said recited Letters

Patent are'Unofficial Members of the said Council, or as the Governor, uifo«etor

in pursuance of Instructions from Us through one of Our Principal ‘ em er9'

Secretaries of State, may from time to time appoint by an Instrument

under the Public Seal of ihe Colony, and all such persons shall be

styled Unofficial Members of the Legislative Council.

If any Official Member of the Legislative Council cease to hold

office in the Colony his seat in the Council shall thereupon become

vacant. [As auiended.by Additional Instructions dated 15-11-28.]

XIV. —Whenever any Member other than an ex officio Membe

the Legislative Council of the Colony shall, by writing under his hand,

resign his seat in the Council, or shall die, or be suspended from the ters absent, &c,

exercise of his functions as a Member of the Council, or be declared by

the Governor by an Instrument under the Public Seal of the Colony

to be incapable of exercising his functions as a Member of the Council, or

be absent from the Colony, or shall be acting in an office the holder of

which is an ex officio Member of the Council, or if his seat become

vacant, or whenever any person shall be lawfully discharging the func-

tions of more than one of the offices the holders of which are ex officio

Members of the Council, the Governor may, by an Instrument under the

Public Seal of the Colony, provisionally appoint in his place some person

'o be temporarily an Official or Unofficial Member of the Council, as the

ase may be.

Every person so provisionally appointed shall forthwith cease to be

a Member of the Council if his appointment is disallowed by Us, or

revoked by the Governor, or superseded by the definitive appointment of

an Official or Unofficial Member of the Cjuncil, or if the Member in

whose place he was appointed shall return to the Colony, or shall be

released from suspension, or shall be declared by the Governor by an

Instrument under the Public Seal capable of again discharging his

functions in the said Council, or shall cease t> sit in the Council as an

ex dfficio Member, or shall cease to discharge the functions of more than

one of the offices the holders of which are ex officio Members of the

•Council, as the case may be.

The Governor shall, without delay, report to Us, for Our confirma- Provisional

tion or disallowance, through one of Our Principal Secretaries of State, be^mediateiy*

every provisional appointment of any person as an Official or Unofficial reported.

Member of- the Legislative Council.

Every such person shall hold his place in the Council during Our Revocation

pleasure, and the Governor may, by an Instrument under the Public Seal, appointments,

revoke any such appointment [As amended by Additional Instructions dated 15-1138.]

XV. —[This clause was revoked by Additional Instructions dat

.November 15th, 1928.]

XVI. —[This clause was revoked by additional Instructions da

January 10th, 1922.]

XVII. —If any Unofficial Member of the Legislative Counc

become bankrupt or insolvent, or shall be convicted of any criminal offence, cases!nCer 'D

or shall absent himself from the Colony for more than three months

without leave from the Governor, the Governor may declare in writing that

the seat of such Member at the Council is vacant, and immediately on the

publication of such declaration he shall cease to be a Member of the U uncil.

KOYAL INSTRUCTIONS—HONGKONG

Members. by writing under hisUnofficial

Resignation of XVIII.—Any hand, butMember

no suchmay resign bisshallseattake

resignation at the

effectCouncil

until

it be accepted in writing by the Governor, or by Us through one of Our

Principal Secretaries of State.

Council may XIX.:—The Legislative Coubcil shall not be disqualified from the

notwithstanding thereof;

vacancies. transactionbutofthebusiness on account

said Council of any

shall not be vacancies

competentamong to acttheinMembers-

any case

Quorum. unless (including the Governor or the Member presiding) there be present

at and throughout the meetings of the Council five Members at the least.

precedence

Members. of ag XX.-—The Members

may specially of the

assign, andLegislative Council asshall

in default thereof, take:—precedence

follows

(1) First, the Official Members in the following order:—

(a) The ex Officio Members in the order,in which their offices

are mentioned (except that the Senior Military Officer, if

below the rank of Lieutenant-Colonel in Our Army, shall

take precedence after the person lawfully discharging the

functions of Attorney-General). . ,

' (b) Other Official Members according to the priority of their

respective appointments, or if appointed by or in pur-

suance of the same Instrument, according to the order

in which they ate named therein.

(2) Secondly, the Unofficial Members in the fpllCwirlg order:—

(a) The Unofficial Members who are ,also; Members of the

Executive Council of the Colony according to ,the pre-

cedence taken as between themselves as Members of the

Executive Council.

(b) Other Unofficial Members aceording to the priority of their

respective appointments,, or if appointed by or in pur-

suance of the same Instrument, according to the order in

which they are named therein: Provided that any such

Unofficial Member who is re-appointed immediately on

the termination of his term of office shall as between

himself and other Unofficial Members who are not also

Members of the Executive . Council take precedence

according to the date from which he has bepn con-

tinOUsly a Member of the Legislative. .Council,

.[As amended by Additional Instructions of 20-11-29.}

who-to preside. XXI.—The Governor shall attend and preside in the Legislative

Council, unless prevented by illness or other grave cause; and in his

absence any Member appointed by bim in writing*,shall preside, or, in

default of such Member, the Membet who: is fii’st in precedence of those

present shall-preside.

be!

decidedb**a

majority.7 a shall XXII.—All questions proposed for debate in the Legislative^ Council

res bendecided by the majority of votes, and the Governor or the Member

tohavToriginai P ^i g shall have

andcastingvote, of the' Council, and an

alsooriginal

a castingvotevote,

in common, with .question

if upon ,any the other the Members

votes

shall be equal.

Rules and order

to be matte.* ing rules XXIII.—The LegislMive.Council may from time tq time make-stanu-

and orders for the regulation of theirjown.pioceedings ; provided

such rules .and orders be, not repugnant to. .Our said recited Letters Patent,

orOurto Sign

theseManual

Ou,r Instructions,

and Signet.or to, any other Instructions from Us under

ROYAL INSTRUCTIONS—HONG KONG 167

XXIV. —It stall be competentforfor any Member

dehat€

Council to propose any question for debate therein ; and such question, if -

■seconded by any other Member, shall be debated and disposed of according

to the standing rules and orders. Provided always that every ordinance

vote, resolution, or question, the object or effect of which may be.to

dispose of or charge any part of Our revenue arising within the Colony,

shall be proposed by the Governor, unless the proposal of the same shall

have been expressly allowed or directed by him.

XXV. —In the passing of Ordinances the Grovernor

shall observe, as far as practicable, the following Rules:— whichOrdlnances

1. —All laws shall be styled “ Ordinances,” and the enactin

shall be, “ enacted by the Governor of Hongkong, with the advice and Form ot enacting

consent “of the Legislative Council thereof.” Ordinances.

.. 2. . —All Ordinances =* •' . ■

shall be’ distinguished by titles,

Ordinances

divided into successive clauses or paragraphs, numbered consecutively, and numbered to be and

and

to every such clause there shall be annexed in the margin a short summary ^ranged.ally

of its contents. The Ordinances of each year shall be distinguished by

consecutive numbers, commencing in each year with the number one.

Except in the case of Bills reserved for the signification of Our plea-

sure, all Ordinances passed by the Legislative Council in any one year shall,

if assented to. by the Governor, be assented to by him in that year, shall

be dated as of the day on which the assent .of . the Governor is given, and

shall be numbered as of the year in which they are passed. Bills not so

assented to by the Governor, but reserved by him for the signification of

■ Our pleasure, shall be dated as of the day and numbered as of the year on

and in which they are brought into operation.

3.—Each different matter shall be provided for by a different Different subjects

■Ordinance, without intermixing in one and the same Ordinance such things samebOrdinXed

as have no proper relation to each other; and no clause is to be inserted aace. Nont clause

Li or annexed to any Ordinance which shall be foreign to what the title of fore4n to0

-such Ordinance imports, and no perpetual clause shall be part of any title of Ordinance1-

temporary Ordinance. aTyrndinan™^.

XXVI.—The Governor shall not, except in the cases hereunder men- Description of

ti'med, assent in Our name to ally* Bill of anyj of the followingn classes:— Bills

7 not toto be

assented

1.—Any Bill for the divorce of persons joined together in holy matri-

mony :

2. —Any Bill whereby any grant of land or money, or other d

or gratuity, may be made to himself:

3. —Any Bill affecting the Currency of the Colony or relatin

issue of Bank notes :

4. —Any Bill establishing any Banking Association, or amen

.altering the constitution, powers', or privileges of any Banking Association:

w

5. —Any Bill imposing differential duties :

6.—Any Bill the provisions of which shall appear inconsistent with

obligations imposed upon TTs by Treaty :

7.— Any Bill interfering with the discipline or control of Our forces by

and, sea, or air :

8.—Any Bill of an extraordinary nature and importance, whereby

Our prerogative, or the rights and property of Our subjects not residing

in the Colony, or the trade and shipping of Our United Kingdon and its

Dependencies, may be prejudiced:

EOYAL INSTRUCTIONS—HONGKONG

9. —Any Bill where

be subjected or made liable to any disabilities or restrictions to which

persons of European birth or descent are not also subjected or made liable:

10. —Any Bill con

refused, or which have been disallowed by Us :

ofProviso

emergencyin casesfor have Unless in theobtained

previously case of Our

any instructions

such Bill asupon aforesaid the through

such Bill Governoroneshallof

operation^

Ordinance an suspending Our PrincipaltheSecretaries

operationof State,

of suchor unless such Bill

Bill until the shall contain aofclause

signification Our

pleasure thereupon, or unless the Governor shall have satisfied himself

that, an urgent necessity exists requiring that such Bill be brought into

immediate operation, in which case he is authorised to assent in Our name-

to such Bill, unless the same shall be repugnant to the law o£ England, or

inconsistent with any obligations imposed on Us by treaty. But he is to

transmit to Us, by the earliest opportunity, the Bill So assented'to together

with his reasons for assenting thereto.

Private Bills. son, association XXVII.—Every Bill intended

or corporate to affect

body shall or benefit

contain somesaying

a, section partichlar per-

the, rights

of Us, Our heirs and successors, all bodies politic and corporate, and all

others except such as are mentioned in the Bill and those claiming by, from,

and under them. No such Bill, not being a Government measure, shall bo

introduced into the Legislative CCuncil until due notice has been given

by not less than two successive publications of the Bill in the Hongkong

Government Gazette, and in such other manner as may be required by the

Standing Buies and Orders for the time being in fotce; and the Governor

s'hall not assent thereto in Our name until it has been so published. A.

certificate under the hand of the Governor shall be transmitted to Us with

the Bill signifying that such publication has been made.

, toOrdinances,

be sent Lome &c., Bill shall

XXVIII.—When any Ordinance

have been reserved for the shall have beenofpassed

signification or when any

Our pleasure, the

catecUUtheDtl Governor State, for Our final approval, disallowance or other direction thereupon,ofa

shall transmit to Us, through one of Our Principal Secretaries

full and exact copy in duplicate of the same, and of the marginal summary

thereof, duly authenticated under the Public Seal of the1 Colony, and by

bis own signature. Such copy shall be accompanied by ,such explanatory

observations as may he required t> exhibit the reasons and occasion for

passing such Ordinance or Bill.

Ordinances to be each XXIX.

Collection

published

of —

year, the Governor shall cause a complete collection to be published,

year. every for year.

general information,of all Ordinances enacted during the preceding

Minutes

eedings XXX.

ofofpro- Legislative —Min

LegisiativeCoun- Council, and at each meeting of the said Council, the Minutes

cilsend

to behome

kept,and of the last preceding.meeting shall be confirmed, or amended, as the case

every meeting.after may The require, before proceeding to the despatch of any other business.

Governor shall transmit to Us, through one of Our Principal

Secretaries of State, as soon as possible after every meeting a full and

exact copy of the Minutes of the said Council.

Surveys

reservations and XXXI. —

beforetoare ing

hewastemadelands the Governor shall cause the same to be surveyed, and such reservations

disposed

Governor of.not tc purposes. The Governor shall not, directly or forindirectly,

to be made thereout as he may think necessary roads or Other public

purchase for

purchase lands,' himself any of such lands without Our special permission given through

one of Our Principal Secretaries of State.

EOYAL INSTEUCTIONS—HONGKONG

XXXII.—All Commissions to be granted by the Governor to any per- Appointments to

■son or persons for exercising any office or employment shall, unless other- ^

wise provided by law, be granted during pleasure only; and whenever the pleasured

Governor shall appoint to any vacant office or employment, of which the

initial emoluments exceed one thousand dollars or one hundred pounds

sterling a year, according as the said emoluments are fixed with reference

to dollars or to pounds sterling, as the case may be, any person not by TJs

specially directed to be appointed thereto, he shall, at the same time, ex-

pressly appraise such person that such appointment is to be considered only

as temporary and provisional until Our allowance or disallowance thereof

be signified.

XXXIII.—Before suspending from the exercise of his office any public Suspension of

officer whose annual pensionable emoluments exceed one thousand dollars officers,

or one hundred pounds sterling, according as the said emoluments are fixed

with reference to dollars or to pounds sterling, as the case may be, the

Governor shall signify to such officer, by a statement in writing, the

grounds of the intended suspension, and shall call upon him to state in

writing the grounds upon which he desires to exculpate himself, and if the

officer does not furnish such statement within the time fixed by the Gover-

nor, or fails to exculpate himself to the satisfaction of the Governor, the

Governor shall appoint a Committee of the Executive Council to investigate

the charge made and to make a full report to the Executive Council. The

Governor shall forthwith cause such report to be considered by the Council,

and shall cause to be recorded on the Minutes whether the Council or the

majority thereof does or does not assent to the suspension; and if the

Governor thereupon proceed to such suspension, he shall transmit the

report of the Committee and the evidence taken by it, together with the

Minutes of the proceedings of the Council, to Us through one of Our

Principal Secretaries of State by the earliest opportunity. But if in any

case the interests of Our service shall appear to the Governor to demand

that a person shall cease to exercise the powers and functions of his office

instantly, or before there shall be time to take the proceedings hereinbefore

directed, he shall then interdict such person from the exercise of the powers

and functions of his office.

XXXIY.—Whenever any offender shall have been condemned by Regulation o

the sentence of any Court in the Colony to suffer death, the Governor power of pardon8

shall call upon the Judge who presided at the trial to make to him a written judge's^epon ’

report of the case of such offender, and shall cause such report to be taken beforeExecutive

into consideration at the first meeting of the Executive Council which may Council. °u *v

be conveniently held thereafter, and he may cause the said Judge to be

-specially summoned to attend at such meeting and to produce his notes

thereat. The Governor shall not pardon or reprieve any such offender

unless it shall appear to him expedient so to do, upon receiving the advice Governor to take1

of the Executive Council thereon ; but in all such cases he is to decide ^e'counculn

either to extend or to withhold a pardon or reprieve, according to his own such cases,

deliberate judgment, whether the Members of the Executive Council concur S^n judgment

therein or otherwise, entering, nevertheless, on the Minutes of the Execu- entering hisU rea-

tive Council a Minute of his reasons at length, in case he should decide Minutes, if un-

any such question in opposition to the judgment of the majority of the “headviceoTthe

Members thereof. majority.

XXXV.—The Governor shall punctually forward to Us from year to Blue Book

year, through one of Our Principal Secretaries of State, the annual book

of returns for the Colony, commonly called the Blue Book, relating to

the Revenue and Expenditure, Defence, Public Works, Legislation, Civil

Establishments, Pensions, Population, Schools, Course of Exchange,

170 ROtAL INSTRUCTIONS—HONGKONG

Imports and Exports, Agriculture, Produce, Manufactures, and other

matters in the said Blue Book more particularly specified, with reference

to the state and condition of the. Colony.

Governor’s XXXYI.—The

absence. the Colony without Governor

having firstshallobtained

not uponleave

anyfrom

pretence whatever,

IJs for quit

so doing

under Our Sign Manual and Signet, or through one of Our Principal

.Secretaries of State. :

Term “ the XXXVII.—In these Our Instructions the term “the Governor” shall,

explained” unless inconsistent with the context, include

being administering the Government of the Colony. every person for the time

Given at Our Court at Saint James’s, this Fourteenth day of February,

1917, in the Seventh year of Our Reign.

ADDITIONAL LOYAL INSTRUCTIONS

Additonal Instructions passed under the Royal Sign Manual and Signet

to ihe Governor and Commander-in-Chief of the Colony of Hong-

kong in regard to the duration of the appointment of Unofficial

Members of the Executive Council and of the Legislative Council

of that Colony.,

Dated January, 1922. George R.I.

Additional Instructions to Our Governor and Commander-in-Chief in

and over Our Colony of Hongkong and its Dependencies, or other

Officer for the time being administering the Government of Our said

Colony and its Dependencies.

Whereas by certain Letters Patent under the Great Seal of Our Preamble.

United Kingdom of Great Britain and Ireland bearing date at West-

minster the Fourteenth day of February, 1917, We did make provision

for the Government of Our Colony of Hongkong and its Dependencies

(hereinafter called the Colony) and did amongst other things declare Recites Letters

that there should be an Executive Council and a Legislative Council in pebruar^isn.

and for the Colony which should consist of such persons as We might

direct by Instructions under Our Sign Manual and Signet:

And whereas by Our Instructions under Our Sign Manual and Recites instmc-

Signet, bearing date the Fourteenth day of February, 1917, We did con- FeWry/m?.

stitute the said Executive and Legislative Councils as therein is set

forth:

And whereas We are minded to make further provision respecting

the said Executive and Legislative Councils:

Now, therefore. We do, as from the date of the receipt in the Colony Revokes clause

of these Our Additional Instructions under Our Sign Manual and uonVoViah*0’

Signet, hereby revoke the Sixteenth Clause of Our said Instructions of February, 1917.

the Fourteenth day of February, 1917, without prejudice to anything

lawfully done thereunder, and We do direct and enjoin and declare Our

Will and pleasure as follows:

I.—Every Unofficial Member of the Executive Council appointed vacationy ot

after the date of the receipt of these Our Additional Instructions offlciai Members

in the Colony shall vacate his seat at the end of five years from ofExecufU-e

the date of the Instrument by which, or in pursuance of which, ounc''

he is appointed, unless it is otherwise provided by that Instru-

ment.

Provided that if any such Member is provisionally

appointed to fill a vacant seat in the Council and his provisional

appointment is immediately followed by his definitive appoint-

ment the aforesaid period of five years shall be reckoned from

the date of the Instrument provisionally appointing him.

Every such Unofficial Member shall be eligible to be re-unofficial Mem-

appointed by the Governor by an Instrument under the Public re-appointme^t.

Seal of the Colony for a further period not exceeding five

years, subject to Our approval conveyed through one of Our

Principal Secretaries of State.

171 ADDITIONAL ROYAL INSTRUCTIONS—HONGKONG

Precedence

Unofficial of

Mem- II. —Every Unofficia

bers re-appoint- appointed immediately on the termination of his. terui of Office

shall take precedence according to the da't^ from tfhich he has-

been continuously a Member of the said Council.

Vacation of seats III.

oy Unofficial —Every perso

Members

Legislativeof 1 Additional Instructions in the Colony is an Unofficial Member

Council. : of the Legislative Council may retain his seat until the end of six

' ‘ years, and every Unofficial Menlber appointed after the date of

, ; 1 the receipt of these Our Additional Instructions in the Colony

shall vacate his seat at the erid of foilr years, froth the date of

the Instrument by which, or in pursuance of which, he was or

is appointed, unless it is- otherwise provided by thatr Instru-

• ' m’ent. f; . rat V bs ' 1

Provided that if any such Member is provisionally

appointed to fill a vacant seat in the.Council and his provisional

appointment is immediately followed by his definitive appoint-

ment, the aforesaid periods of six years or four years, as the

case may be, shall be reckoned from the date of tlie Instrument

provisionally appointing him.

Unofficial

bers Mem-

eligible for Every such Unofficial Member shall be eligible to be re-

re-appointment. appointed by the •'Governor: by an Instrument under the Public

Seal of the Colony for a further period not exceeding four years

subject to Our approval- eonveyed 1 thrbugh one of Gut

• Principal Secretaries of State.

Given at- Our Court at 'Saiiit JA/tuesV this -1 Tenth day of January-,.

1^22,;in the Twelfth year of Our Ile>gn.r

Additional Instructions to the

‘Governor and Commander-m-Chief, Hongkong.

ADDITIONAL HOYAL INSTRUCTIONS

Additional Instructions passed under the Royal Sign Manual and Signet

to the Governor and Commander-in-1 hief of the Colony of Hong-

kong in regard to the constitutioti of the Executive Council and of

the Legislative Council of that Colony.

Dated loth November, 1928. GfidaoE R.J.

Additional Instructions to Gur Governor and Commander-in-Chief in

and over our Colony of Hongkong and its Dependencies, or other ;

Officer for the time being administering the Government of Our

said Colony and its Dependencies.

Whereas by certain Letters Patent under the Great Seal of Our Preamble.

Realm bearing date at Westminster the Fourteenth day of February,

1917, We did make provision for the Government of Our Colony of Patent8onith*

Hongkong and its Dependencies (hereinafter called the Colony) and February, out.

did amongst other things declare that there should be an Executive

Council and a Legislative Council in and for the Colony which should

consist of such persons as We might direct by Instructions under Our

Sign Manual and Signet:

And whereas, by Our Instructions under Our Sign Manual an

Signet bearing date the Fourteenth day of February, 1917, AVe did con- February, 1917.

stitute the said Executive and Legislative Councils as therein is set

forth:

And whereas we are minded to make further provision respecting

the said Executive and Legislative Councils :

Now therefore we do, as from the date of the receipt in the Colony Revokes clauses,

of these Our Additional Instructions under Our Sign Manual and and xv of

Signet, hereby revoke the Second, Thirteenth, Fourteenth and Fifteenth {^February'

Clauses of Our said Instructions of the F'ourteenth day of February, 1917.

1917, without prejudice to anything lawfully done thereunder, and

instead thereof We do direct and enjoin and declare Our will and

pleasure that from the date of such receipt the aforesaid Instructions

shall henceforth be construed and take effect as if the following

clauses had been inserted therein in place of the Second, Thirteenth,

Fourteenth and Fifteenth Clauses thereof :

II.—The Executive Council of the Colony shall consist of the Lieut- constitution of

enant-Governor of the Colony (if any), the Senior Military council?^

Officer for the time being in command of Our regular troops

within the colony, the persons for the time being lawfully dis-

charging the functions of Colonial Secretary, of Attorney-

General, of Secretary for Chinese Affairs, and of Treasurer of

the Colony, who are hereinafter referred to as ex officio

Members, and of such other persons as at the date of the

174 ADDITIONAL ROYAL INSTRUCTIONS—HONGKONG

coming into operation of Our said recited Letters Patent are

Members of the said Council, or as We may from time to time

appiont by any Instructions or Warrant under Our Sign

Manual and Signet, or as the Governor in pursuance of

Instructions fiom Us through one of Our Principal Secretaries

of State may from time to time'appoint under the Public Seal

of tbe Colony.

Constitution

Legislative of XIII.—The Legislative Council of the Colony shall consist of the

Council. Governor, the Lieutenant-Governor (if any), the Senior

Military Officer for the time being in Command of Our regular

troops within the Colony, the persons for the time being

lawfully discharging the functions of Colonial Secretary,

Attorney-General, Secretary for Chinese Affairs, and Treasurer

of the Colony, and such other persons holding office in the

Colony , and not txceeding four in number at any one time, as

at the date of the coining into operation of Our said recited

OfficialMembers. Letters Patent are Official Members of the said Council, or as

We may from time to time appoint by any Instructions or

Warrants under Our Sign Manual and Signet, or as the

Governor, in pursuance of Instructions from Us through one

of Our Principal Secretaries of State, may from time to time

appoint by an Instrument under the Public Seal of the Colony,

and all such persons shall be styled Official Members of the

Legislative Council; and further of such persons, not exceeding

eight in number at any one time, as at the date of the coming

Unofficial

Members. into operation of Our said recited Letters Patent are Unofficial

Members of the said Council, or as the Governor, in persuance

of Instructions from Us through one of Our Principal

Secretaries of State, may from time to time, appoint by an

Instrument under the Public Seal of the Colony, and all such

persons shall be styled Unofficial Members of the Legislative

Council.

If any Official Member of the Legislative Council cease

to hold office in the Colony his seat in the Council shall there-

upon become vacant.

appointments

place in

of Members XIV.—Whenever

ofunder any Member other

thehisLegislative than an exshall,

officioby Member

absent, &c. hand resignCouncil

his seatof inthetheColony

Council, or shall writing

die, or

be suspended fyom the ’ exercise'of 'his functions as a Member

of the Council, or be declared by the Governor by an Instru-

Vpient under the Public Seal of the Colony to be incapable of

exercising his functions as a Member of the Council, or be

absent from the Colony, or shall be acting in an office the

holder of which is an ex officio Member of the Council, or if

his seat become vacant, or whenever any person shall be

lawfully discharging the functions of more than one of the

offices the holders of which are ex officio Members of the

Council, the Governor may,, by an Instrument under the Public

Seal of the Colony, provisionally appoint in his place some

person to be temporarily an Official or Unofficial Member of

the Council; as the case may be.

ADDITIONAL ROYAL INSTRUCTIONS-HONGKONG 175

“ Every person so provisionally appointed shall forthwith

cease to be a Member of the Council if his appointment is

disallowed by Us, or revoked by the Governor, or superseded

by the definitive appointment of an Official or Unofficial

Member of the Council, or if the Member m whose place he

was appointed shall return to the Colony, or shall be released

from suspension, or shall be declared, by the Governor by an

Instrument under the Public Seal capable of again discharging

his functions in the said Council, or shall cease to sit in the

Council as an ex officio Member, or shall cease to discharge the

function^ of more than one of the offices the holders of which

are ex officio Members of the Council, as the case may be.”

The Governor shall, without delay, report to Us, for Our'eonfirma- Provisional

tion or disallowance, through one of Our Principal Secretaries of State, be^mmediateiy0’

every provisional appointment of any person as an Official or Unofficial reported.

Member of the Legislative Council.

Every such person shall hold his place in the Council during Our Revocation of

pleasure, and the Governor may, by an Instrument under the Public meCnts.PPOmC

Seal, revoke any such appointment.

Given at Our Court at St. James’s this Fifteenth day of November,

1928, in the Nineteenth year of Our Reign.

ADDITIONAL ROYAL INSTRUCTIONS

Additional Instructions passed under the Royal Sign Manual and Signet

to the Governor and Commander-in-Chief of the Colony of Hong-

kong in regard to the precedence of Members of the Legislative

Council thereof.

Dated 20th November, 1929. George B.I.

Additional Instructions to Our Governor and Commander-in-Chief in

and over Our Colony of Hongkong and its Dependencies, or other

Officer for the time being administering the Government of Our

said Colony and its Depehdencies.

Whereas by certain Letters Patent under the Great Seal of Our preamble.

Realm bearing date at Westminster the Fourteenth day of February,

1917, We did make provision for the Government of Our Colony of

Hongkong and its Dependencies (hereinafter called the Colony) and Recites 0Lettera-

did amongst other things declare that there should be a Legislative Februat y,i9i7.

Council in and for the Colony which should consist of such persons as

We might direct by Instructions under Our Sign Manual and Signet:

176 ADDITIONAL EOYAL INSTEUCTIONS—HONGKONG

Redteg And ’whereas by Our Instructions under Our Sign Manual and

instructions

rebruaryof Signet bearing date the Fourteenth day of February, 1917, We did

i9i7. constitute the said

the Twentieth Legislative

Clause of the Council as therein isdidsetdirect

said Instructions forth,that

and the

by

Members of the said Council should have such precedence as therein is

set forth:

And whereas We are minded to make other provision in regard to

the precedence of the Members of the said Legislative Council :

Substitutes r Now therefore We do, as from the date of the receipt in the Colony

ciau»e xx* f°of

instrnettons ^^esehereby

Signet, ^lir Additional Instructions under OursaidSignInstructions

Manual and

^February, the Fourteenthrevokeday oftheFebruary,

Twentieth Clause

1917, of Our

without prejudice to anythingof

lawfully done thereunder, and instead t,hereof We do direct and enjoin

and declare Our will and pleasure that from the date of such receipt

the aforesaid Instructions shall henceforth be construed and take effect

as if the following clause had been inserted therein in place of the

Twentieth Clause thereof: —

Precedence' of

Members. XX.—The Members of the Legislative Council shall take precedence

as We may specially assign, and in default: thereof, as follows :—

(1) First, the Official Members in the following order:—

(a) The ex officio Members in the order in which their offices

are mentioned (except that the Senior Military Officer, if

below the rank of Lieutenant-Colonel in Our Army, shall

take precedence after the person lawfully discharging the

functions of Attorney-Oeneral).

(b) Other Official Members according to the priority of their

respective appointments, or if appointed by or in pursuance

of the same Instrument, according to the order in which

they are named therein.

(2) Secondly, the Unofficial Members in the following order :—

(<») The Unofficial Members: who are also Members of I he

Executive Council of the Colony according fo the

precedence taken as between themselves as Members of

the Executive Council.

(Jo) , Other Unofficial Members according to the priority of their

respective appointments, .or, i,f appointed by qr in pursuance

of the same Lastrumeut, according to the order in which

they are named therein: Provided that any such Un-

official Member who is re-appointed immediately on the

termination of his term of office shall as between himself

and . other Unofficial Members who ar.e not also Members

of the Executive Council take precedence according to the

date from , which he has been continuously aMember of

the Legislative Council,

Given,a( Our C< urt at Saint James’s thjs Twentieth day of Novem-

ber. 1929, in the Twentieth Year of Uur Ifeigu,

CONSTITUTION Oi? COUNCILS—HONGKONG 177

Executive Council

The Executive Council consists of

(Ex-Officio)

H.E. the General Officer Commanding the Troops (Major-General

O. C. Borrett, c.b., c.m.g., c.b.e., d.s.o.)

The Hon. the Colonial Secretary (Sir Thomas Southern, k.b.e., c.m.g.)

The Hon. the Attorney General (Mr. C. G. Alabaster, k.c., o.b.e.)

The Hon. the Secretary for Chinese Affairs (Mr. N. L. Smith).

The Hon. the Colonial Treasurer (Mr. Edwin Taylor).

The Hon. Mr. B. M. Henderson (Director of Public Works).

The Hon. Sir H. E. Pollock, k.c.

The Hon. Sir Shouson Chow, kt.

The Hon. Sir William Shenton, kt.

Le&islative Council

The following are the members of the Legislative Council

Official

H.E. the Governor (Sir William Peel, k.c.m.g., k.b.e.)

H.E. the General Officer Commanding the Troops (Major-General

0. C. Borrett, c.b., c.m.g., c.b.e., d.s.o.)

d’he Hon. ,the Colonial Secretary (Sir Thomas So!jthoi;p,.k.b.e.,.c.m.g.)

The Hon. the Attorney General (Mr. C, G. Alabaster, k.c., o.b.e.)

The Hon. the Secretary for Chinese Affairs (Mr. .N. L. Smith).

The Hon. the Colonial Treasurer (Mr. Edwin Taylor).

The Hon. Mr. R. M. Henderson (Director of Public Works).

The Hon. Mr. E. D. C. Wolfe, c.m.g. (inspector General of Police).

The.Hon. Comdr. G. F. Hole, r.n. (Retired) (Harbour Master).

The Hon. Dr. A. li. Wellington, c.ti.G. (Director s Of Medical and

Sanitary Services).

Unofficial

The Hon. Sir H. E. Pollock, kt., K.c,

The Hon. Mr. B. H. Rote wall, c.m.g., lL.d.

The Hon. Sir Wiliiaih Shehton, kt.

The Hon. Mr. C. G. Mackie.

The Hon. Mr. J. P. Braga.

The Hon. Mr. S. W. TsV, o.b.e., ll.d.

The Hon. Mr. J. J. Paterson.

The Hon. Mr. T. N. Chau.

The Hon. Mr. W. H. Bell.

Appointment of Members of the Degislative Council

By a Despatch from the Secretary of State, the following course is followed in

-the appoin tment 9f unofficial members

j Appointed by the Governor (one at least of whom

being a member of the Chinese community) ... 6

Elected by the Chamber of Commerce 1

Elected by the Justices of the Peace .. I

Total.

STANDING 11ULES AND ORDERS

OF

THE LEGISLATIVE COUNCIL OE HONGKONG

Made'by the Legishtiv'e Council of Hongkong in pursuance of tM provisions of

Clause XXIII of the Instructions of His Majesty the King under His Sign

Manual and Signet bearing date the IMh day, of February, 1917.

1.—Oath of Allegiance

(1) No member of the Council shall sit or vote therein until he shall have

taken and subscribed the oath of allegiance, provided that any person authorised by

law to make an affirmation instead of taking an oath shall be permitted to make a.

solemn affirmation in lieu of the bath of allegiance.

(2) The oath or affirmation shall be administered by the Governor.

2—Language

(1) The proceedings and debates of the Council shall be in the'1 English

language.

(2) A member may present a petition in Chinese, if the petition be accom-

panied by an English translation certified to be correct by the member who presents it.

3.—Sittings of Council *

(1) The meetings of the Legislative Council sliall be held on such day and at

such hour as may from time to time be ordered by the Governor.

(2) At the beginning of each meeting, and before proceeding. to the; despatch

of any other business, the President shall, if the minutes of the last proceeding

meeting have been circulated to the members, propose that they be confirmed. If

the said minutes have not been circulated they shall be read by the Clerk and the

President shall then propose that they be confirmed. Upon any proposal that the

minutes be confirmed no debate shall be allowed except as to the accuracy of the

minutes and with reference to an amendment actually proposed.

(3) The President may at any time adjourn or suspend any meeting.

4.—Standing Committees

(1) There shall be the following standing committees of the Council:—

(«> The(Chairman),

Finance Committee, which shall consist of the Colonial Secretary

the Treasurer, the Director of Public Works and the

unofficial members of the Council.

(b) The Public Works, Committee, which shall consist of the Director

of Public Works (Chairman), the Treasurer, and the unofficial

members'of the Council. . ,

(c) The(Chairman),,and

Law Committee, which shall consist of the Attorney General

four other members; of the Council appointed at

the first meeting of the year by the President, who shall have

power to fill vacancies arising in the Committee during the course-

of the year. >\i :

* On the and

subject of the quorum, ami of who ofshould

XXI of the Royal Instructions preside,

the 14th see respectively

February, 1917. Clauses XIX-

BULES OF LEGISLATIVE COUNCIL—HONGKONG 179

(2) Three members shall form a quorum of any standing committee.

(3) The Governor may at any time refer direct to the Finance Committee any

proposal concerning additional expenditure not already provided for in the annual

•estimates.

(4) Any member of the Council shall be entitled to attend any meeting of a

standing committee but no member may take any part in the proceedings of a

•committee of which he is not a member.

5.—Select Committees

(1) Any matter before the Council may be referred by the President, or upon

a motion duly passed by the Council, to a select committee.

(2) A select committee shall consist of at least three members who shall be

nominated by the President: Provided that any member may move that another

member be substituted for any member so nominated, and if the hiotion be seconded,

the amendment shall, after debate, be put to the vote, and the question shall be

•decided accordingly.

(3) The chairman of a select committee shall be appointed by the President.

(4) Three members of a select committee shall form a quorum except when

The select committee consists of three members only in which event two shall form

.a quorum.

(5) In the event of the death, resignation or absence from the Cplony of any

member of a select committee the President may' appoint another member in his

golace.

6.—Proceduee on Standing and Select Committees

(1) In the absence of the chairman of a standing or select committee the

•senior member present shall act as chairman.

(2) The chairman of a standing or select committee shall have an original

♦vote and shall also have a casting vote if the votes be equal.

(3) The chairman of any committee may require the attendance and services

*of the Clerk of the Council.

(4) The report of a committee shall be signed, and presented to, the Council,

fby the chairman.

(5) Any member of a committee dissenting from the opinion of the majority

may put in a written statement of his reasons for such dissent, and such statement

rshall be appended to the report of the committee.

7.—Duties of ^he Clerk

(!i) The Clerk shall send to each member written notice of each meeting of

sthe Council, accompanied by a copy of the Order of Business and of any bill which

it is proposed to read a first time at the meeting in question, at least two clear days

be fore the day fixed for the meeting, except in case of emergency when such notice

.-shall be given as the circumstances may permit.

(2) The Clerk shall keep the minutes of the proceedings of the Council, and

of committees of the whole Council, and shall send to each member the draft

minutes of each meeting so soon as possible after the meeting.

(3) The minutes of the proceedings of the Council shall record the names of

the members attending and all decisions of the Council, and shall, when confirmed

at the next following meeting of the Council, be signed by the President.

(4) In the case of divisions of the Council or committee of the'Avhole Council*

the minutes shall include the numbers voting for and against the question, and the

mames of the members so voting.

160 RULES OF LEGISLATIVE .COUNCIL—HONGKONG

(5) The (Clerk ■ shall he- responsible for the custody'oh the Totes, records;.bills,

and other documents laid before the Council, which shall be open to : inspection by

Hieipbers of the Council and other persons under such >arrangements as may be

sanctioned by the President.

, . .; op. Busrupss

Unless the Council otherwise direct, the business of each sitting day shall be-

transacted in the following order:—

1. Confirmation,of minutes of last preceding meeting.

2. Oath or affirmation of allegiance of a new member.

3. Anppuncejments.

4. Papers, including any reports of standing or select committeer-

which are laid upon the table by order of the Governor and which.;

are not the subject of any motion. ,

5. Petitions.

6. Questions.

7. Government business.

8. Unofficial members’ motions.

'Government business shall be sCt down in Such order'as the President may

direct, and unofficial members’ motions shall be set down in the order in"which

notice of each motion was given, ‘

9.—Petitions

(1) Every petition intended to be presented to the Council must conclude with

a prayer setting forth the general object of the petitioner.

(2) A petition shall not be presented to the Council Unless it be in accordance

with the rules then in foree in regard to petitions.

(3) The member presenting a petition may state concisely the purport of the-

petition.

(4) All petitions shall be ordered to lie upon the table without question put

unless a member when presenting a petition move for it to be read, printed or

referred to a select committee.

(5) The Council will not receive aiiy petition—

(a) which is not addressed to the Council;

(b) which is not properly and respectfully worded;

(c) which has not at least ope signature on the sheet on which the

prayer of the petition appears;

(d) which has not at least the prayer at the head of each subsequent

sheet of signatures;

(e) which asks for a grant of public money or the release of a debt to-

public funds unless the recommendation of the Governor thereto

has been signified; or

(/) which does not conform witji such rules as may from time to time

be prescribed by the Council.

10.—Papers

(1) All papers shall be presented by ,an official member of the Council and their

presentation shall be entered upon the minutes.

(2) A member presenting a paper may make a short explanatory statement of

its contents.

RULES- 0E LEGISLATIVE iGOU.KGIL—HONGKONG mr

(3) All papers shall be ordered to lie upon thd table without questioh ppt ^aud

any motion for the printing thereof shall be determined without amendtaent or

debate. ;

(4) All Eules and Orders made by the Governor in Executive Council under

the: authority of an Ordinance, which do not require the approval of the Legislative

Council, shall be laid on the table as soon as may be after being made.>

11.—Questions to Mbmbkus -:

(1) Questions may be put to official members relative to public affairs with

which they are officially connected, proceedings pending in the Council, or any

matter of administration for which such members are responsible.

(2) Questions' ihay also be pht to other members, relating fb' a bill, Motibi,.or

other public matter connected with the business of the Council for Which such Mem-

bers are responsible.

(3) A question shall not contain arguments, inferences’ opinions, imputations,

epithets, ironical expressions. Or hypothetical cases. . ' ;

(4) A question shall not inclqde the names of persons,, or statements, not

strictly necessary to render the question intelligible, nor contain .charges which the

member, who asks the question, is not prepared to, substantiate.

; (5)- A question must not be asked for the purpose of obtaining an expression

of opinion, the solution of an abstract legat case, or the answer to a hypothetical

proposition. • ■ rni-dt o

, (6) A question shall not be as.Vsd without written notice unless it is of an

tffgeiit character and the member has obtained the leave of the President so to ask it.

(7) 4 question must not.be made,the pretext for a debate, nor can a question

fully answered be asked again without the leave of the President.

(8) A member may ask a supplementary question for'the purpose of further

elucidating any matter of fact regarding Which an answer has been given; hut a

supplementary question must not he used to introduce matter not included in the

original question.

12.—Messages from the G-oveenoe and Address by the Governor,

A message from the Governor, if presented ,to the,Council by an official member,,

may be brought up at any time before the commencement or at the close of public

business; and shall be considered forthwith or ordered to be considered upon a

future day as the member presenting it may appoint. The Governor may address

the Council at any time. .

12.—Manner, of.Giving Notices .

(1) Where under any Standing OfdeV (or the practice1 of ''the Council) notice

is required, such notice shall be given/by being handed in at the Table during the

sitting of the Council or by delivery at the office of the Clerk or other place appointed

by Standing Order (or the Presidept) wifhin the hours prescribed for the purpose.

(2) Except with the permission of, the President, no notice shaH.be valid for

any particular meeting of Council unless it shall have been so handed in or delivered

at least three clear days before such meeting of Council. Sundays and holidays-

shall not Be included in the computatioh of the said period of three days.

(3) ifAny

Cquncil, such notice

possible shaUthan

not less be printed anddays

two clear shallbefore

be circulated

the nexttp members

meeting ofof the-

the-

Council for which it is valid. : .

182 RULES OF LEGISLATIVE COUNCIL—HONGKONG

(4) Any such notice shall be printed in the form in which it is handed in or

delivered.

(5) Motions or amendments sent to the Clerk shall be printed and circulated

by him. even if they be matters notice of which is not required, and in the case of

amendments to bills shall be arranged so tar as may be in the order in which they

will be proposed.

(6) A notice given orally in Council, shall not have any force after that

-sitting of the Council unless it lie supplemented by. a notice given in accordance Avith

paragraph (1) of this Order.

14.-^No,i,ice of Motions

Unless the Standing Orders otherwise direct, notice shall be given of any motion

'wnich it is proposed to make with the exception of the following—,

1. A motion for the confirmation or correction of the minutes of the

: , Council.

2. ' A motion made in commit

3. A motion tor the adjournment of the Council or of any debate.

4. A motion that a petition be read, printed or referred to a select

committee.

!). A motion that the report of a standing committee be adopted.

6. A motion that the report of a select committee be referred to a

committee of the whole Council or be printed.

7. A motion for the Avithdrawal of strangers.

8. A motion for the suspension of a member.

9. A motion for the withdrawal or postponement, of any item in the

Order of Business.

10. A motion for the substitution of another member for a member

nominated to a select committee.

11. A motion for the reference of any matter to a committee.

12. A motion for the suspension of any Standing Order.

15.—Dispensing with Notice

Notice shall not be dispensed with in the case of a motion or in respect of any

•other proceeding for Avhich notice is required except with the consent of the

President.

16.—Bulbs of Debate

(1) A member desiring to speak in Council shall rise in his place and address

his observations to the President.

(2) A member desiring to speak in committee shall address his observations

to the Chairman.

(3) If two or more members offer at the same time to speak, the President or

Ci airman shall call on the; member who first catches his eye.

(4) A member must confine his observations to the subject under discussion.

(5) Reference shall not be made to any matter bn which a judicial decision is

pending,' in such a way as may'prejudice file interests of parties theretor

(6) No member'shall impute improper motives to any other member.

(7) ; Except when the Council be in committee

than once on any proposition before the Council except in explanation (as provided

in paragraph 8 of this Order*), or to a point of order, or, in the case of the mover of

.a substantive motion, in reply, but any member may second a motion or amendment

by rising in his place and bowing to the chair without prejudice to his right to speak

;at a later periol of the debate.

RULES OF LEGISLATIVE OOUXCIL—HONGiCOKG 183-

(8) A member who has spoken to1 a question may, again be heard to offer

explanation of some material part 6f liis Speech which has been misunderstood, but

he must not .introduce new matter.

(9) A member who has spoken may speak again when. a..new Question has

been proposed from the chair such as a proposed amendment,

ft (10) Any member who dissents : from the opinion of the majority mar, if he-

give notice forthwith of his intention to do so, lay upon the table a statement of the

grounds of his dissent, either at the same or a, subsequent meeting of the Council.

(11) His Majesty’s name shall not be used to influence the Council.

(12) The conduct of His Majesty, members of the Koyal Family, the G-overnoi

or Administrator, members of the Council, and judges or other persons engaged in

the Administration of justice, shall not be raised except upon a substantive motion

and in any amendment, question to a member, or remarks in a debate on a motion

dealing with any other subject, any reference to the conduct of the persons afore-

said shall be out of order.

17.—Relevancy in Debate

(1) Debate upon any motirth, bill or amendment shall be relevant to such

motion, bill or amendment.

(2) Where an amendment proposes to leave out words' and insert other words

instead of them, debate upon the first question proposed on the amendment may

include both the words proposed to be left out and those proposed to be inserted.

(3) On an amendment proposing to leave out words or to insert words debate-

shall be confined to the omission or insertion of such words respectively.

18.—Anticipation

(1) It shall lie out of order to make a motion or moveian amendment dealing

in anticipation with the subject of a bill or other matter appointed in the Order of

Business for consideration : and an amendment shall also be out of order if it deal

in anticipation with the subject matter qf a, motion of which notice has been given.

(2) A matter appointed in fhe,Order of Business, or a motion or amendment

of which notice has been given, sbaH not.be anticipated in any other;debate.

19. —

(1) No member may speak to any question after the same has been fully put

by the President or Chairman.

(2) A question is fully put, when the President or Chairman has collected the

voices both of the ayes and of the noe.-.

20. —

By the indulgence of the Council, a member may make a personal explanation',

although there be no question before'the Council, but no debatable matter may be-

brought forward, or dehatq arise, uppu; tbe,explanation, '.

21.—I’kesident to be . Heard Without Lntpkhuptiox

Whenever the President, orHie" Qhairman, rises during a debate, any member

then speaking, or offering to speak, must if' standing sit down, and must in any case-

refrain from speaking, and the Council or committee is to be silent so that the-

President, or the Chairman, may be heard without interruption.

184 RULES OP LEGISLATIVE COUNCIL-HONGKONG

22.—Responsibility fob Obdeb

The President in Council, and the Chairman in any committee, shall be respon-

sible for the observance Cf the rules of order in the Council and committee respec-

tively and their decision upon any point of ofdbr shall hot be open td Appeal and

shall not be reviewed by the Council except upon a substantive motion made after

notice. ■ ■

23.—Beeaches ' of Obdee

islf a Memben shpw disregard!foy:,theTauthprity

rules of the Council by .persistently and; wilfully obstructing, the business of the

‘Coupcil, or otherwise, the, President shall direct the'attention of the Council to the

incident, mentioning by. name the member, concerned. A motion may then be rngde

uppn.which the, President shall forthwith put, the .question, no .amendment, adjonm-

ment, or debate be’ng allowed, “ That such member be' suspended from the service

of tiie Council ”. If such an offence shall have been committed in a committee of

the whole Council, the Chairman shall foithwith suspend the proceedings of the

committee and report the circumstances to the Council; and the President shall on

a vnotion being juado thereupon put the same qpe§t,ion, without amendment, adjourn-

ment or debate! as if the offence had been committed in the Council itself.

„ (2)j.. hfpi; inpreihan qiie member shall.be named at the same time, unless.'seyeral

members,present together have jointly disregarded Ihe authority: of the chair.

(3) If a member be suspended under thie provisions of this order his suspension

shall last,until determined by ,the Council. •

(4) The President or Chairman, after having called the attention of the Council

or committee to the conduct of a member who persists in irrelevance or tedious

repetition either of his own arguments or of the arguments used by otber members

in debate, may direct the member to discontinue his speech.

(5) The President or Chairman shall order members whose conduct is grossly

•disorderly to withdraw immediately from th'e Council'ChAtuber during the remainder

of the day’s sitting. ’ • l -.vu : , . i

(6) If a1 dif'ecfibh'tb withdfaiw/Un'der paragf^ph ^jb.f order be ffof corns

plied witli at phee -or if on any occasion the 1Ptesident or Chairman deem that hi-

powets undet'thM Paragraph are iriadeqnate , he itfay name-such member df mem-

bers in pursuance of paragraph (1) of this order.

(7) The President or Chairman whether acting under paragraph (1) or (5) of

this order may direct such steps to be taken as are required to enforce his order.

(8) Members who are suspended under paragraph,of tins order or. arq

•directed to withdraw uinler paragraph (5), shall, fortjiwith withdraw, from,"the

pTdcmcts of’the Cbuddil Chamber. ■ ■ . •

(9) Nothing in this order shall be deemed to prevent the Council from proceed-

ing against any member foy any breach qf pVder not specified herein or from pro-

ceeding in any other way it thinks fit in dealing with tlie breaches of order herein

mentioned. , ..

j,,., , 24.—Yoi’yNG.f

! r

,■ : 1

(1) All questions shall he'decided by k majority of votes, including the vote of

the President, or in any committee.the Chairman, and whenever the votes are equal

the President, or in any committee the Chairman,: shall have a casting vote.

or ih(2)any eommit|ee by ( tliy Chairman, and'the At thevotes

conclusion

may be oftaken

a debate

;

the question

by voices, aye apd shall be

* On tills subject of decision by the inajority, andbn the GoVern6V

vote, See Clause XXII of the; Royal Instructions of. the .14th February,'1917. ’s original aiid easting

RULES OF LEGISLATIVE C6UJSOIL-HbNOKONO 'res-

no' and the result shall he declared by the President or Chairman, blit any member

may claim a division when the votes shall' be taken by the Cletk askihg eafeh member

separately how he desires to vote and recording the votes accordingly.

(3) In taking the division the names of all the unofficial members shall be called

before the names or official titles,of any of the official members. In both cases the

names, or official titles as'th^. ,case, may be, shall be called iu order, beginning with the

senior member’ provided that the ^President, or in any committee the Chairman, shall

vote last. • , , ,

(4) When a division is claimed either in Council or in, any coinmittee eyery

member present shall, unless he expressly state that he;declines' to. ,v.>te, record his

vote either for the ayes of noes. 1 The Clerk shall enter <.n the minutes the record

of each member’s vote and sha!!,add a statement of the names of nrembers vp^io

declined to vote.

(5) ' As soon its the Clerk has collected the votes the Presid

mittee the Chairman, shall state the t&umbers “voting for the ayes and th^ noes

respectively and shall then declare the result of the division or give,his casting vote

as the'case may be.

(6) If a member state that he voted in error or that his vote has been counted

wrongly, he may claim to have his vote altered, provided that such request is 'made

as soon as the President has announced the numbers and before he shall have

declared the result of the division.

' (7) A member shall not vote oh ally subject in which lie has a direct personal

pecuniary interest, bht a;motion to disallow.a members v6te on this ground shall

be made only as soon as the numbers of the members .voting oh the question shall

have been declared. If the mo'S.oh' fof the disallowance of a member’s vote shall

be agreed to, the President, or in committee the Chairman, hhall direct the Clerk to-

correct the numbers voting in the division accordingly. In deciding whether a

motion for the disallowance of a member’s vote shall be proposed from the chair,

the President, or, in any committee the Chairman, shall have regard to the

character of the question upon which the division was taken and to the

consideration whether the interest therein of the member whose vote is challenged

is direct and pecuniary and not an interest in common with the.rest of His Majesty’s

subjects and whether his vote was giveu on a matter of state' policy.

25. —

(1) The mover of a bill, on moving the first reading thereof, shall state the

object and intention of the measure and the reasons on which it is 'founded.''

(2) After sueif motion' has been secbhded by another ‘memb4r,,, afid has been

adopted, the bill shall be read a'first time. The President may address, the Cohmil

on the first reading of a bill should he desire to do sbi but iio ftirther discussion

shall be permitted.

(3) 1 Except as provided1 for in paragraph (2) of Standing Ofdter 29,; every bill

shall be published iu the t&izeffe after having hqeu read a first tiffie and before it is

read a second time.

26. —

When a motion for1 a second reading of a bill shall have been made and

seconded, a debate may he taken only upon the general merits:tind principles of the

Bill.

27. —

(1) When a bill has been read the second time the CottUeil may, at the' satne

or any subsequent meeting, upon motion made and seconded, resolve itself ihtb a

.186 EUUES .OF LEGISLATIVE COUNCIL—HONGKOEG

committee of the wliole Council to consider the bill clause by clause, or may refer the

bill to a standing committee or to a select committee^

(2) The principle of a bill 'shall riot be discussed in committee but only its

•details.: ■ >J

' (4) In committee the Clefk shd!l read, the marginal hdtes to the1 bill, clause by

^sliiuse, unless the Chairman directs him to read the clauses, ,or any particular clause,

in full.

(4) .Subject to the provisions of paragraph (5) of this Order, the committee

may'make in thfe 'bill such amendment's as. they shall think fit, provided that the

amendments are* in the ^opinion of the C.hainnan relevant td the subject matter of

the bill, and provided that if any amendments are in the 1 opinion of the Chairman

'riot within the title of the bill the committee sh'all amend the title accordingly.

(5) No amendment shall be moped which is inconsistent with any clause

already agreed upon or with any decision already come to by the committee^ and the

'Chairman may at any time during the discussion of a proposed amendment with-

draw it from ‘the consideration of the committee if in h;s opinion the amendment

violates the provisions of this paragraph.

(6) 7 The Chairman may require any proposed amendment to be handed to the

Clerk in writing.

(*7) If no amendment be proposed to any particular clause when the marginal

,note has been read, by the Clerk, or when all the proposed amendments shall have

been disposed of, the Chairman shall put the question “ That the clause (or the

clause as amended) stand part of the bill ”. If any amendment is proposed which

.the C^aiihnan considers need not be disposed of separately he may put the .question

“That the Clausp,’amended'as proposed, stand part of the hill”!

(8) If a new clause or a new schedule be proposed the Chairman may put the

question “ That the proposed clause (or schedule) stand part of the bill”, and if the

question is agreed to the clause (or schedule) shall thereupon stand part of the bill.

new clause or , a new schedule may be proposed at any time which seems con-

venient to the Chairman.

(9) On consideration of the schedules the Clerk shall 'call out the word

“ Schedule” if there is duly one schedule, nr shall read out the ordinal numbers of

the schedules if there are more schedules than one, unless the Chairman directs him

to read the schedules or any particular schedule in [full, pr to proceed in any other

manner, and the Chairman may thereupon put the question “That this schedule

stand part of the bill ”,

(10) Any clause or schedule may be postponed for consideration at a later

stage of the same meeting or for consideration at some future meeting of the

•nmmittee; The whole bill may be left in committee for consideration at some

future meeting of the committee.

(11) When ah the clauses and schedules of the bill have been disposed of the

Chairman shall put the question “ That the enacting clause and title stand part of the

bill”. If the bill contains a preamble the above question shall be preceded by the

question “That the preamble stand part of the bill ”.

(12) When the bill has keen entirely disposed of the Council may upon motion

made and seconded resume and proceed with the remaining business of the day.

(13) A bill may be referred to a standing committee or to a select committee

,at any stage of its, progress prior to the third reading.

(14) If any standing committee or select committee to which a bill has been

referred reports that it recommends any material amendment therein, the bill may be

printed with such amendment and, after publication in the Gazette, may with the

permission of the Council be substituted for the bill as read a second time. Every

bill so reported shall be considered in the committee of the whole Council.

RULES OF LEGISLATIVE COUNCIL—HONGKONG 1ST

28.—Thikd Reading pf a Bill

(1) When a bill has passed through committee the member in charge of the-

bill may at the same or any subsequent meeting report to the Council that the bill

has passed through committee and may at the same time more that the bill be read

a third time, provided that if in the opinion of the President any material amend-

ment of the bill shall have been made in committee the bill shall not be read a third

time at the same meeting except after the suspension of the Standing Orders. If

the third reading of any bill is for this reason postponed to a subsequent meeting of

the Council the bill shall be published in the Gazette as atnended before it is read

a third time.

(2) If upon the third reading of a bill being proposed and seconded any mem-

ber desires to omit or amend any provision contained in the bill, or to introduce any

fresh provision into it, the bid may upon motion made and seconded be re-com-

mitted, and thereafter the Council shall again resolve itself into: a committee of the

whole Council for the consideration of the proposed amendment, but no bill shall

be re-committed after it shall have been read a third time.

(3) When a bill has been read a third time it shall be deemed to have beem

passed.

29.—General Provisions relating to Bills

(1) On each reading of a bill the Clerk shall read only the long title of the bid.

(2) If at any stage in the progress; of a bill the President declares that in his

opinion an emergency exists and that it is desirable in the public interest that the

Standing Orders should be suspended in order to enable the bill to pass through all

its stages, or all its remaining stages, at that meeting of Council, it may be moved and

seconded that the Standing Orders be suspended accordingly and if the motion be

adopted the . bill may be, carried through all.its sta,ges, or all its remaining stages,

at that meeting.

30.—Bills affecting Private Rights

(1) Where any bill shall be proposed which is intended to affect or benefit some

particular person, association; or corporate ’ body, notice of the bill shall lie given

by the promoters, by two advertisements in some dailynewspaper published in the

Colony, and, if any of dbe; persons likely to be benefited or prejudiced may be

Chinese, by two additional'advertisements; in some Chinese newspaper published in

‘the Colony, and in any case‘;,fey two successive publications of the bill in the Gazette,

as required by Clause XXVII of the Royal Instructions of'the 14th February, 1917:

provided that, as laid down in the said Cjause XXVII this paragraph shall not apply

to any such bill which is'a Government meaShre;

(2) If any person, considers that his individual rights ior interests ivbuld be-

affected by the provisions-of any such bilb he may petition to be heard on-(Cherbill

either in person or; by counsel, and he shall be heard ..dccOrdinglyj ; either, upon

motion made, seconded iamb adopted, or hy order of the President. Tbe President

shall direct whether the person in question or his counsel shall be heard before the

Council, or before a committOe'ofitlife whole Cbuheib or'before a standing committee

or a select committee. ,

(3) On any such petition the petitioner, or any ineinbqr, shall, upon.inotipn

made, seconded and adopted, or hy oriler qf. the.President, he(,eqfit]jed: to, cali find

examine witnesses bn oath or affirmation, provided that a list cqutaiiuing the nnmes,

residences and occupations of the witnesses shall liave Been delivered to the Clerk

at least two clear days before, the meeting p£„,thepquncil or committee as the case

maybe. Any such witness if called by the petitioner may be cross-examined by

any member, and if called byiauy member may be cross-examined by ahy other

member or bj the petitioner. The oath or affirmation shall ! be. 'tendered by the

Clerk, or, in any committee, by the Chairman. .• '

'*fe8 rU-leh op ’d;dtlXfcJL—H0>n-MoSjg

(4) Every bill intended, to affect, or benefit some particular person, association

■or corporate body shall in accordance with Clause XXVll of the Royal Instructions

of ihe l 4th February, 1917, contain a section -saving the rights of His Majesty the

King; E is Heirs !ahd Sfiecessors, all bodie^politic and corporate, and all Others except

such as are mentioned in the bill, and those claiming by, from, and under them.

81.—REr/EVAtroy d® Amendments

(1) When any bill, or clause

■Council or a comniittee thereof, an ofameuduient

a, bill,, or motion, is under consideration

may be.proposed in the

to such bill, clause

or motion if it be relevant to the bill, clause or motion to which it is proposed.

(2) An amendment m,ay be proposed to any amendment proposed from the

chair if it be relevant to the original amendment.

(8) In committee on a bill a new clause or schedule may be proposed if it be

relevant to the subject matter of the bill, and an amendment may be proposed to it

if the' amendment may be relevant to the new clause or1 schedule.

(4) An amendment, or a new clause Or schedule, shall not require notice.

(5) The President, or the Chairman as the case may be, may require any

proposed amendment to be handed to the Clerk in writing.

32.,—Seconding of Motions and Amendments

A motion or amendment shall not be proposed from the chair in Council unless

it shall have received a seconder, but in committee a seconder shall not be required

for any amendment or for any new clause or schedule.

33.—Method of Putting the Question on Amendments

Subject to the' provisions of paragraph (7) of Standing Order 27 upon an

amendment to leave out words and insert other words instead of them a question

shall first be proposed from the chair “that the words proposed to be left out

stand part of the question,” and if that question be negatived, the question for the

insertion of the alternative words shall then he proposed, provided that on con-

sideration of a bill in committee the Chairman shall if possible put as the test

question on an amendment only such words as will not prevent a subsequent

amendment which. is in order from being moved. If the question so proposed be

negatived the words proposed by the amendment to be left out shall be deemed to

be left out without further question.

34.—Withdrawal of Motions or Amendments

When any motion or amendment has been proposed from the chair, it may be

withdrawn at the request of the mover if, ou the President, or in committee the

Chairman, asking whether it be the pleasure of the Council or committee that the

motion or amendment be withdrawn, a dissenting voice be not raised thereto.

35. —

The evidence taken before any committee of the Council and any documents

presented to such committee which have not been reported to the Council shall not

be published by any member of such committee or by any other person, except

with the permission of the President.

36. —

(1) In cases of doubt the Standing Orders of this Council shall he interpreted

in the light of the relevant practice of the Commons House of Parliament of Great

.Britain and Northern Ireland.

RULES OF LEGISLATIVE COUNCIL—HONGKONG

(2) In any matter for which these Standing Orders do not pr ivide the said

practice shall be followed, but no restrictions which the House of Commons has

introduced by Standing Order shall be deemed to extend to the Council or its

members until the Council has provided by Standing Order for such restriction.

37.—StrspENSioisr of Standing Orders

A question the object br effect of'which may be to suspend am' Standing Order

-of the Council shall not be proposed e^cept with the consent of the President.

38.—Absence of Members

Any member who is prevented from attending a meeting of the Council shall

acquaint the Clerk as early as possible of his inability to attend.

39.—Employment of Members in Professional Capacity'

No member of the Council shall appear before the Council or any committee

thereof as counsel or solicitor for any party, or in any capacity for which he is to

receive a, fee or reward.

40i—Strangers

Strangers shall be admitted to debates in the Council Chamber subject to such

rules as the President may make from time tr» time for that purpose, provided that

af any member take notice that strangers be present, the President, or in committee

the Chairman, shall put forthwith the question “ That strangers be ordered to

withdraw.”

41.—Press

The President may grant a general permission to the representative of any

journal to attend the sittings of the Council provided that, if the journal publish

a report of the proceedings which the President considers unfair, such permission

may be revoked.

GENERAL PORT REGULATIONS FOR BRITISH

CONSULATES IN CHINA

The undersigned, Her Britannic Majesty’s Envoy Extraordinary and Minister

Plenipotentiary and Chief Superintendent of British Trade in China, acting under the

authority conferred upon him by the 85th Section of the China and Japan Order in

Council, 1865, hereby declares the following Regulations, made, in pursuance of the

above Order in Council, to secure the observance of Treaties and the maintenance

of friendly relations between British subjects and Chinese subjects and authorities

to be applicable to all ports which are, or may hereafter become, open to British

trade:—

li-—^The British Consulate offices at the several open ports shall be opened for

public business from 10 o’clock a.m. to 4 o’clock p.m. daily, excepting Sundays,-

Christmas Day, Good Friday, King’s Birthday, Easter Monday, those holidays-

upon which public offices in England are closed, and Chinese New Year’s day, and

such Chinese holidays as the Chinese Customs authorities may observe.

II. —On the arrival of any British vessel at the anchor

ports, the master shall, within 24 hours, deposit his ship’s papers, together with a

summary of the manifest of her cargo, at the Consulate office, unless a Sunday or

holiday shall intervene.

III. —Every British vessel must show her national co

anchorage, and keep them hoisted until she shall have been reported at the Consulate

and her papers deposited there.

IY.—No British vessel or any vessel the property of a British subject, unless^

provided with a certificate of registry, or provisional or other pass from the Super-

intendent of Trade at Peking, or from the Colonial Government at Hongkong, shall

hoist the British ensign within any port or anchorage, or any flag similar to the

British ensign or of a character not to be easily distinguishable from it. Nor shall

any registered British vessel flying the Red ensign hoist any other ensign or flag

(except she be entitled to fly the Blue ensign) in use by Her Majesty’s vessels of war,

or the national ensign of any foreign State or any ensign or flag not plainly dis-

tinguishable from the ensigns used by Her Majesty’s ships of war or from those

flown by Ships of foreign States

Y.—Should any seaman absent himself from his ship without permission, the

master shall forthwith report the circumstance at the Consulate office, and lake the

necessary measures for the recovery of the absentee, and it shall be lawful for the

Consul, if circumstances shall require it, in his discretion to prohibit leave being

given to seamen to come ashore, and any master who shall violate such prohibition

shall incur the penalties hereinafter declared.

YI.—The discharge of guns or other firearms from vessels in harbour is strictly

prohibited, unless permission shall have been granted by the Consul.

GENERAL PORT REGULATIONS FOR BRITISH CONSULATES IN CHINA 101

VIr.—Masters of vessels when reporting their arrival at a port Shall notify in

writing the names of all passengers and'persons riot forriiing part of the articled

-crew on hoard, and, previous to leaving, notice must be given of the names of ail

persons, not forming part of the articled crew, intending to leave the port on board

any vessel.

YIII.—All cases of death occurring at’ sea must be reported, to the Consul within

24 hours of the yessel’s arriving in port or( harbour, and all cases of death on board

vessels in harbour, or in' the .residences of British subjects oh shore." must be imme-

diately reported at the Consulate office, and‘in the event of sudden or accidental

-death the fullest information obtainable should be given. It is strictly prohibited to

throw overboard the bodies of seamen or other persons dying on board of a vessel iri

harborir. Except in case of urgent necessity, no burial should take place on shore or

from any ship in harbour without the licence of the Consul first obtained,

IX. —Stone or ballast shall not be thrown overboard in

unless permission shall have been first obtained from, the Ideal authorities through

the intervention of Her Majesty’s Consular officer.

X. —All cases of loss of property by theft or fraud on board

assault or felony requiring redress or involving, the public peace, must be immediately

reported at the Consulate office.

If ariy Chinese subject guilty of, or suspected of, having' committed a mis-

demeanour on shore or afloat be detained, information must in such cases be forthwith

lodged at the Consulate office, and in no instance shall British subjects be per-

mitted to use violence toward Chinese offenders or to take the law into their own

hands.

XI. —Any vessel having in the whole above 2001bs. of

explosive material on board shall not approach nearer than a distance of one mile

from the limits of the anchorage. On arriving at that distance, she must be forthwith

reported to the Consular authority.

Special anchorages or stations will be assigned for such ships in the neighbour-

hood of the ports.

XII. —No seaman or other person belonging to a Britis

•or left behind at any port or anchorage without the express sanction of the Consul

And not then until sufficient security shall have been given for his maintenance and

good behaviour while remaining on shore, and, if required, for the expenses incident

xo his shipment to a port in the United Kingdom or to a British Colonial port,

according as the seaman or other person is a native of Great Britain or of any British

'Colony.

If any British subject left at a port or anchorage by a British vessel be found

to require public relief prior td the departure of such vessel from the dominions of

the Emperor of China, the vessel will be held responsible for the maintenance and

removal from China, of such British subject.

XIII. —When a vessel is ready to leave a port an

signee shall apply at the Custom-house for a Chinese port clearance, and on

his presenting this document, together with a copy of the manifest of his export

•cargo, at the Consular office, his ship’s papers will be returned to him, and he will

be furnished with a Consular port clearance, on receiving which the vessel will be at

liberty to leave the port. Should any vessel take in or discharge cargo subsequent

to the issue of the Customs’ clearance, the master will be subject to a penalty, and

the ship to such detention as may be necessary to the ends of justice.

XIY.—When a vessel is ready to leave a port or anchorage, the master shall

give notice thereof to the Consul, and shall hoist a Blue Peter at hast 24 hours

192 GENERAL PORT REGULATIONS FOR BRITISH CONSULATES IN CHINA

before the time ^ppeimted. for. her departure. The Consul may dispense with the

observance of this regulation on security being given that claims presented within

24 hours will be paid.

XV. —No British subject may establish or carry on a

house, house of entertainment, or shop for the sale of liquors within the Consular

district without the sanction and licence of the Consul, and payment of such fees

in respect of such licence, yearly or otherwise, as may be duly authorised. The

Consul shall require every person so licensed to give security for the good conduct

of all inmates and frequenters of his house, and also that he will not harbour any

seaman who is a runaway or who cannot produce his discharge accompanied by a

written sanction from the Consul to reside on shore.

Every person so licensed will be held accountable for the good conduct of all

inmates and frequenters of his house, and in case of their misconduct may < be sued

upon the instrument of security so given.

XVI. —Any British: subject1 desiriug, to, proceed

distance than thirty miles from any. Treaty port is required to procure a Consular

passport, and any one found without such a passport beyond that distance will be

liable to prosecution.

XVII. —The'term Consul in these Regulations s

and every officer in Her Majesty’s Consular service, whether Consul-Gleneral, Consul-

Vice-Consul, or Consular agent, or other person duly authorized to act in any of the-

aforesaid capacities within thp dominions of the Emperor of .China.

XVIII.—British vessels are bound as to mooring and pilotage tti act in accord,

ance with the Harbour and Pilotage Regulations authorized in each port by Her

Majesty’s Minister for the time being, and any infraction of the same shall render the

party offending liable to the penalties attached to these regulations.

XIX. —No loading of discharging of cargo may b

limits of the anchofage defined by the Consul and the Chinese authorities of each

port.

XX. —Any infringement of the preceding General P

Special Regulations referred to in Regulations XVlII. and XIX. shall subject the

offender, for each offence, to imprisonment for any term not exceeding three months-

with or without hard labouf, and with or without a fine not exceeding 200 dollars

or to a fine not exceeding 200 dollars, without iuiprisOnmentj and with or without

further fines for continuing offences, hot exceeding in any case 25 dollars for each

day during which the offence continues after the original fine is incurred ; such fine

to be inflicted, levied, and enforced in accordance with the Order of Her Majesty in

Council dated the 9th day of March, 1865.

And in consideration of the urgent necessity for these Regulations, the under-

signed hereby further declares that they shall have effect unless and until they shall

be disapproved by Her Most Gracious Majesty, and notification of such disapproval

shall be received and published by me or other of Her Majesty’s Ministers in China.

(Signed) Thomas Francis Wade.

Peking, 28th March, 1881.

JAPAN HARBOUR REGULATIONS

Art. I.—The limits of the undermentioned Ports open to foreign commerce are

defined as follows r

At Yokohama : the harbour limit's are comprised within a line drawn from the

Jmiit-en (Mandarin Bluff) to the light-ship, and thence due north, to a point on the

coast east of the mouth of the Tsurumigawa.

At Kobe: the harbour limits are comprised within the area bounded by two

lines, one drawn from the former mouth of the Ikutagawa dne south, and the other

running in a north-easterly direction from the point of Wada-no-misaki.

At Niigata : the harbour limits are comprised within the arc of a circle, the

centre being the light-house, and the radius being two and a half nautical miles.

At Ebisttminato : the harbour limits are comprised within a line drawn from

Shiidomari-mura to Isori-mura on the outside, and a line drawn from Minotocho on

the east shore of Lake Kamo to Kamomura on the north-west shore of the same lake.

At Osaka: the harbour limits are comprised within a line drawn from a point

(Tree Point) at the mouth of the Mukogawa south by west, and a line from the

mouth of the Yamatogawa, the two lines cutting each other at a distance of six

nautical miles from a point (Tree Point) and five nautical miles from the mouth of

the Yamatogawa.

At Nagasaki : the harbour limits are comprised within a line drawn from

Kanzaki to Megami.

At Hakodate: the harbour limits are comprised within a line drawn from a

point off the coast, half a nautical mile south of Anoma Point, to a point on the east

bank of the mouth of the Arikawa, Kamiiso-mura.

Art. II.—Every vessel on entering a port shall hoist its ensign and its signal

letters. Regular Mail Packets may hoist the Company’s flag in lieu of the signal

letters.

The ensign and signal letters or Company’s flag must not be lowered until the

vessel’s arrival shall have been duly reported to the Harbour Master.

Sucb report shall be made within 24 hours after arrival, Sundays and holidays

excepted, and no Customs facilities shall be extended to any vessel until such report

shall have been made.

Art. III.—Every Master on arrival in port shall prevent all communication

between his ship and other vessels or the shore until it shall have been admitted to

“free pratique.”

Art. IV.—The Harbour Master’s boat will be in attendance near the entrance

of the harbour, and the Harbour Master will assign a berth to every shipon enter-

ing, which berth it must not leave without special permission, unless forced to do

so. The Harbour Master may cause a vessel to change its berth, should he consider

it necessary.

Art. V.—The Harbour Master shall always wear a uniform when on duty and

his boat shall carry a flag of the pattern prescribed.

The Harbour Master may at any time satisfy himself that his directions as

regards anchorage, the movements of ships and the proper condition of moorings

are carried out.

Art. VI.—No vessel shall anchor in the public fair-way or otlierwise obstruct

free navigation. Vessels which have run out jib-booms shall rig them in at the

request of the Harbour Master, if they obstruct free navigation.

7

194 JAPAN HARBOUR REGULATIONS

Art. VII.—Every vessel either at anchor or under weigh within the harbour

limits shall carry between sunset and sunrise the Lights required by the Laws,

Ordinances or Orders relating to the preyentioiv-ol. collisions at sea.

Art. VIII.—When bad weather threatens or warning signals are exhibited,

vessels shall immediately get ready one or more reserve anchors; and steamships

hall, in addition, get up steam.

Art. IX.—Any vessel carrying explosives or highly inflammable materials in

excess of ordinary requirements shall come to outside the harbour limits and there

await the Harbour Master’s orders. Such vessels while so waiting shall, between

sunrise und sunset, .fly at the foremast head the signal letter “B ” and between

sunset and sunrise shall hoist in same place a red lantern.

No vessel shall ship or discharge any such materials except at such places as

the Harbour Master may indicate.

Art. X —Every ship which is laid up or undergoing repairs, and all yachts,

store-ships, lighters; boats, etn, shall be modretl in Special berths designated by the

Harbour Master.r ■

Art. XL—In case of fire breaking out on board a ship within the harbour

limits, the ship’s bell shall be rung until the arrival df assistance, and the signal

letters “ N. M.V shall-he hoisted betw'een sunrise and spnset or a red lantern snail

be continuonsly hoisted,and lowered between sunset'and Sunrtse.

If policjeias^istance be x-equired the signal letter “ G” shall be hoisted between

sunrise. and sunset,. and between, sunset and sunrise "blue or flash lights shall

be shown.

All discharging of fire-arms or letting off of fire-works within the , harbour

limits is.fprbidden without,.perniissiop from the IJarbour, Mastex*, .except, in such as

above-mentioned for the purpose of signalling.

Art. XII.—Any vessel arriving from a place which has been declared by an

official declaration' of the Imperial Government as being: infected with an epidemic or

contagious disease (such as cholera, small-pox, yellow-fever, searlet-fever, or pest)

dr.on hoard of which any such disease shall have occurred during the voyage, shall

come to outside the harbour limits and shall hoist a yellow flag at the foremast head

between sunrise and sunset, and shall show a red and a white light one above the

other in the same place between sunset and sunrise. Such vessel must undergo

inspection by the proper sanitary authorities.

The sanitary authorities shall, ou approaching the vessel, be informed whether

any cases of any such diseases have actually oocuri-ed during the voyage and the

nature of such diseases, in order that suitable precaution may be taken.

The said ship must not lower the yellow flag or the above-mentioned lights until

if;shall have been admitted to,“free pratique,” neither shall any persqn laud from i|

nor shall any communication be held with other ships without the permission of the

proper sanitary authorities. ; ,

The provisions of the preceding paragraphs apply to vessels anchored within the

harbour limits on boar,d of which any of the above-mentioned epidemic or contagious

diseases

Suchhave broken

vessels mustout.change their berth on receiving an order to that effect from

the Harbour Master.

Any vessel arriving from a place infected with cattle-disease or on board of which

such disease has broken out during the voyage shall not land or tranship either the

6 ittlei their dead bodies, skins, hides or bones, without the pertnissioh of the proper

saintafy authorities.

Art. XIII.—No carcases, ballast, ashes, sweepings, .etc., shall be thrown over-

board within the harbour limits.

Whilst taking in or discharging Coal, ballast of bther similar niateidals, the

necessary precautions shall be taken to preveiit their falling iitto the sea.

JAPAN HARBOUR REGULATIONS 195

If any materials detrimental to the harbour shall have been thrown into the

se t. or shall have been allowed to fall in through negligence by any ship, they shall

be removed by the ship upon receipt of an order to that effect, from the Harbour

Master; and if not so removed the Harbour Master may cause them to be removed

at the ship’s expense.

Art. XIY.—Any ship intending to leave port shall give notice at the Harbour

Master’s Office and hoist the Blue Peter.

Steamers which have fixed dates of departure need only make one declaration

on their arrival and departure.

Art. XY.—All wreckage or other substances which obstruct the public fairway

in a harbour or its approaches must be removed by their owner within the time

indicated, by the Harbour Master. If this order is not complied with within the

time specified by the Harbour Master,1 the Harbour Master may Cause -them to be

removed or destroyed at the owner’s expense.

Art. XVI.—A, suitable and sufficient numbefbf buoy moorings fief regular' Mail

Steamers shall be provided by the Harbour Master’s Office. A prescribed’fee' shall

be charged for the use of such moorings.

Art. XVII.—Ho chains, ropes, or other gear shall be attached to any lightship,

signal, buoy or beacon.

Any vessel running foul of,or damaging a light-ship, buoy, beacon, jetty, or any

other structure shall pay the necessary expenses for repairs or replacement.

Art. XYIII.—Any infringement of the provisions of the present Regulations

shall render the offender liable to a fine of not less than Yen 2 and, not exceeding

Yen 200.

Art. XIX.—The Master pf a vessel shall also be held responsible for any fines,

fees or expenses which may be imposed or charged on or in respect of the vessel.

Art. XX.—Np vessel shall be allowed to depart until all fines, fees and expenses

imposed or charged under the&e. Regulations shgll have been paid, or pntil security

therefor to the satisfaction of the Harbour Mfister. shall have been deposited with the

Harbour Master.

Art. XXL—The word “ Harbour Master ” as usea in these Regulations is also

meant to include the Harbour Master’s Assistants and Deputies ; and by the word

“ Master ” is meant any person in command of, or having the direction of,: a ship,

whatever his designation may be; and by the word “Port” or “ Harbour” is meant

one of the ports or harbours enumerated in Article I. of these Regulations.

Art. XXII.—A portion of each harbour shall be reserved as a man-of-war

anchorage.

Art. XXIII.—The only provisions in these Regulations which shall apply to

men-of-war are those contained in Articles IV., VI., XII. and XXI., and in the first

and second paragraphs of Article XIII.

Art. XXIV.—The time when and the localities,yrhere these Regulatiops are .to

come into operation shall be notified, by the Minister of, Communications. The

Minister of Communications shall also, issue detailed rules for the: due enforcement ,

of these Regulations.

:7

THE UNITED STATES COEET EOR CHINA

(Chapter 3934, Prescribing the Jurisdiction of the Court)

Be it Enacted by the Senate and House of Representatives of the United States

of America in Congress Assembled, That a Court is hereby established, to be called

-the United States Court for China, which shall have exclusive jurisdiction in all

cases and judicial proceedings whereof jurisdiction may now be exercised by United

States Consuls and Ministers by law and by virtue of treaties between the United

States and China, except in so far as the said jurisdiction is qualified by Section 2

of this Act. The said Court shall hold sessions at Shanghai, China, and shall also

hold sessions at the cities of Canton, Tientsin, and Hankow at stated periods, the

dates of such sessions at each city to be announced in such manner as the Court shall

direct, and a session of the Court shall be held in each of these cities at least once

annually. It shall be within the power of the judge, upon due notice to the parties

in litigation, to open and hold Court for the hearing of a special cause at any place

permitted by the treaties, and where there is a United States Consulate, when, sn

his judgment, it shall be required by the convenience of witnesses, or by some public

interest. The place of sitting of the Court shall be in the United States Consulate

at each of the cities, respectively.

That the seal of the said United States Court for China shall be the arms of

the United States, engraved on a circular piece of steel of the size of a half dollar,

with these words on the margin, “ The Seal of the United States Court for China.”

The seal of said Court shall be provided at the expense of the United States.

All writs and processes issuing from the sai l Court, and all transcripts, records,

copies, jurats, acknowledgments, and other papers requiring certification or to lx?

under seal, may be authenticated by said seal, and shall be signed by the clerk of

said Court. All processes issued from the said Court shall bear test from the day

of such issue.

Sec. 2.—The Consuls of the United States in the cities of China to which they

aa*e

civilrespectively

cases wh >reaccredited

the sum shall have,ofthethesame

or value jurisdiction

property involvedasinthey now possessdoes

the controversy in

not exceed five hundred dollars United States money, and in criminal cases where the

punishment for the offence charged cannot exceed by law one hundred dollars’ fine

or sixty days’ imprisonment, or both, and shall have power to arrest, examine, and

discharge accused persons or commit them to the said Court. From all final judg-

ments of the Consular Court either party shall have the right of appeal to the United

States Court for China: Provided, Also, That appeal may be taken to the United

States Court for China from any final judgment of the.Consular Courts of the United

States in Korea so long as the rights of extra-territoriality shall obtain in favour of

the United States. The said United Stages Court for China shall have and exercise

superviso-y contr d over the discharge bv Consuls and Vice-Consuls of the duties

p’-escribed bv the laws of the United States relating to the estates of decedents in

China. Within sixty days after the death in China of any citizen of the United

States, or any citizen of my territory belonging to the United States, the Consul or

Vice-Consul whose duty it becomes to take possession of the effects of such deceased

person under the laws of the United States shall file with the clerk of said Court a

THE UNITED STATES COURT FOR CHINA 197

•sworn inventory of such effects, and shall, as additional effects come from time to

time into his possession, immediately file a supplemental inventory or inventories of

the same. He shall also file with the cleric of said Court within said sixty days a

schedule under oath of the debts of said decedent,' so far as known, and a schedule

or statement of all additional debts thereafter discovered. Such Consul or Vice-

Consul shallpay no claims against the estate without the writ teh approval of the

judge of said Court, nor shall he make sale of any of the assets of said estate with-

out first reporting the same to said judge and obtaining a written Approval of said

sale, and he shall likewise within ten days after any such sale report the fact of such

sale to said Court, and the amount derived therefrom. The said judge shall have

power to require at any time reports from Consuls or Vice-Consuls in respect of all

their acts and doings relating to the estate of any such deceased person. The said

Court shall have power to require, where it may be necessary, a special bond for the

faithful performance of his duty to be given by any Consul or Vice-Consul into

whose possession the estate of any such deceased citizen shall have come in such

-amount and with such sureties as may be deemed necessary, and for failure to give

such bond when required, or for failure to properly, perform his duties in the

premises, the Court may appoint some other person to take, charge of said estate,

such person having first given bond as aforesaid. A record shall be kept by the

clerk of said Court of all proceedings in respect of any such estate under the

provisions hereof.

Sec. 3.—That appeals shall lie from all final judgments or decrees of said Court

into the IJnited States Circuit Court of Appeals of the ninth judicial circuit, and thence

appeals and writs of error may be taken from the judgments or decrees of the said

| ‘Circuit Court of Appeals to the Supreme Court of the IJnited States in the same class

-of cases as those in which appeals and writs of error are permitted to judgments of

said Court of Appeals in cases coming from District and Circuit Courts of the United

States. Said appeals or writs of error shall be regulated by the procedure govern-

ing appeals within the United States from the District Courts to the Circuit Courts of

Appeal, an

States, respectively, so far as the same shall be applicable; and said Courts are here-

by empowered to hear and determine appeals and writs of error so taken.

Sec. 4.—The jurisdiction of said United States Court, boh original and not

appeal, in civil and criminal matters, and also the jurisdiction of the Consular Courts

in China, shall in all cases be exercised in conformity with said treaties 'and the laws

of the United States now in force in reference to the American Consular Courts in

■China, and all judgments and decisions of sa:d Consular Courts, and all decisions,

judgments, and decrees of said United States Court, shall be enforced in accordance

with said treaties and laws. But in all such cases when laws are deficient in the

provisions necessary to give jurisdiction or to furnish suitable remedies, the common

; law and the law as established by the decisions of the Courts of the United States

. shall be applied by said Court in its decisions and shall govern the same subject to

i-the terms of any treaties between the United States and China.

Sec. 5.—That the procedure of the said Court shall be in accordance, so far as

1 (practicable, with the existing procedure prescribed for Consular Courts in China

in accordance with the Revised Statutes of the United States: Provided, however,

That the judge of the said United States Court for China shall have authority from

time to time to modify and supplement said rules of procedure. The provisions of

sections forty-one hundred and six and forty-one hundred and seven of the Revised

^.Statutes of the United States allowing Consuls in certain cases to summon associates

.shall have no application to said Court.

Sec. 6.—There shall be a district attorney, a marshal, and a clerk of said Court

• with authority possessed by the corresponding officers of the District Courts in the

I United States as far as may be consistent with the conditions of the laws of the

| United States and said treaties. The judge of said Court and the district attorney,

I who shall be lawyers of good standing and experience, marshal, and clerk shall be

198 THE UNITED STATES COURT FOR CHINA

apgoipl^d bx the I’residout, by and with the advice and consent of the oeuate, and

shall i-eceive.as salary,- respectively, the snips of eight thousand dollars per annum

foy said judge* jfour thousand dollars per annum-for said district attorney*tJpme

thousand dollars per annum for said marshal, and three thousand dollars per annum,

for vsaid clerk. The judgefa eof the said Court and the district attorney shall, .when

thp sessions of .the Ce^ T rheld at pther cities than Shanghai,, receive, in -addition

to. th;eir salaries .their necessary expenses during such, sessions not to exceed ten,

dollajrs per day for the judge and five,dollars per day for the district attorney.

■ Sec.- 7.-^The tenure of office of the judge of said Court shall be ten years, unless-

sooner removed by the President for cause; the tenure of office of the other officials

of the .Court shall be at the pleasure of the President.

■ Sec. 1&.—The marshal and the clerk of said Court shall be required to furnish

bond for the faithful performance of their duties, in sums and with sureties’to bo

fixed and Approved by the judge of the Court. They shall each appoint, with the

written approval of said judge, deputies at Cahton and Tientsin, who shall also bo

required to furnish bonds for the faithful performance of their duties, vvhich bohds

shall be subject, both as to form and sufficiency of the sureties, to the approval of

the said judge: Such deputies shall receive compensation at the rate of five dollars

for each day’the sessions of the Court are held at their respective cities. The office

of inarshal in China now existing in pursuance of section forty-one hundred and

eleven of the Revised Statutes is thereby abolished.

Sec.- 9.—The tariff of fees of said officers Of the Court shall be the same as The

tariff already fixed for the Consular Courts in China, subject to amendment from

time to time by order of the President, and all fees taxed and received shall he paid,

into the Treasury of the United States.

Approved, June 30, 1906.

SIXTIETH CONGRESS. SESS. II. 1909. CHAP. 235

Extract

The judicial authority find jurisdiction in civil and criminal cases,now vestedfin

and reserved to the Consul-General of the United States at Shanghai, China, by the

Act of June thirtieth, nineteen hundred and six, entitled, “An Act creating a

United States Court for China and prescribing the jurisdiction thereof,” shall,

subsequent to June thirtieth, nineteen hundred and nine, be vested in'and exercised

by a Vice-Consul-General of the United States to be designated from time to time

by the Secretary of State, and the Consul-General at Shanghai shall thereafter

be relieved of his judicial functions.

FEES FOR' THE CONSULAR COURTS OF THE

UNITED STATES OF AMERICA IN CHINA

98—In Coutular^ Court.

■Jn all oases and estates where the amount in question is

ie fee shall he $5 for minor and $15 for greater os

. 99—Cleric’s Fee,

For issuing

For docketing all writs, warrants,

every suit commenced attachments, or other compulsory process • ...

For executions ...

For

For all summonses

allfilingsubpoenas

For administering and entering and notices

everyor declaration, plea, ortoother paper ... ' ■ — . ........ ' f•••'....r.

For

For taking an oath

anandacknowledgment affirmation, except an associate ... '

Fori. each

takingsucceeding certifying

folio depositions to file (for each folio of 100 words): for the first 100 words,i...'50 cents; for

For enteringofanyany

a

For making copy suchreturn,

deposition,

rule, furnishedcontinuance,

order, to a partyjudgment,on request,decree,per folioor recognizance, or drawingl any. bond, or

For adocket

The copy offeeanyofrecord,

$1,entry

certificate,

or of any paper

hereinbefore

return,on orfilereport: eachfor folio

: forcoverall each folio . . . . . ...:

. . . . . . venire

. . indfeie^.isVifihg t • • ,,,,:u

isfor associates,

$100 or less; taxing

where the andallowed,

costs,amount othershallservices

allinvolved exceeds

charges forherein,

not$100specified

the clerk

making

shall inbealldockets

allowed

and

cases wherefor theservices

the amount involved

specified

In allin casesthe foregoing

involvingparagraph,

more than in$500all thecasesclerkup toshall$500,be inclusive,

allowed fora feelikeofservices ... 1 .....

TTor ,causes

be allowed,whereforissue likeisservices,

joined butone-half

no testimony

of the above is given,

fees,forrespectively.

causes, dismissed or discontinued, i q ■the clerk .shall .

For affixingsearch

For’every the sealfor ofanytheparticular

court to mortgage,

anv instrument,orother whenlienrequired...

. . ... ...... ... ...; ... .;.... C..... .• ‘ ..;

For property

searchingandthe certifying

records ofthetheresultcourt offorsuch

judgments,

search: decrees,

for each orperson

otheragainst

instruments

whom constituting

such scsarcb isa lien on anyto.

required,

For amount

receiving,sokeeping, and paying o it money in pursuance of any statute or order of court, 1 per. centum of the

travelling,thereceived,

AllForhooks made kept, and

necessary by thepain.duties of his office;shall, for going,

duringScents a mile, and 6 cents a'mile for returning.

personindesiring clerk’s office containing

to examine the same publicw:itboutrecords

any.fees or charge office

therefor.hours, be open ,to , (.Jig ipspection of any

In cases

For service of escheat

as escheatorthe clerk shall... receive for'. . publication to heirs

For every office

For recording found ... of inquest,

proceedings

For

For an affidavit

approvinginbond in attachment

in attachment . per folio

For affidavit distress

F'or affidavit in replevin cases cases

100- Marshal’s Fees.

For. leaving

apprehending

portfor thea deserter and delivering. ...him board the ..jvessel, deserted... from,... to be... paid'...by, the vessel before

. ...consul,

For

“W stsearching

serving any \vrit, same,

warrant,and,attachment,

if not found,ortoother

be certified by the

compulsory his order to be pa by the ship 1

process, eachandperson

For

_Torir eachving

returning si all notices' . attachment, warrants, and summonses, each

OnForevery bail bond or discharge of prisoner

commitment ... ... ... ;

subpoenas, for each witness summoned ......

For returning

For levying

For

subpoena

each day’sexecution

attendance upon court ... .......A ...„. ; ...;.. ...,... • ■

For

For advertising propertyunder

releasingproperty

property for saleexecution by order of plaintiff .. ' ... *

For

If overselling

$1,000 and notunder execution,

exceeding $5,000lyhen,...the amount

,... '.collected

. ... . does

.... not, exceed $1,000

For making

If thetravelling collections$2Q0

apjount,exceeds under $200,

... i is where no adjudication has taken place

For

For serving every feesnotice

in serving

no*- all proi n addition to the usual travelling f«

loth March,

200 UNITED STATES CONSULAR REGULATIONS

For drawing

For executinganda deed prepareda deed

executing by a party or his attorney 5.00

For copies of writs or papers, furnished on request, per folio

For every proclamation in admiralty

For serving an attachment in rem, or a libel in admiralty 2.0030

For pensation

the necessary to beexpenses

fixed byofthekeeping

court. boats, vessels, or other. property, attached or libelledtin ,,admiralty,, ,a com- , „

Whenbetheentitled debt, toor claim in admiralty,

a commission of 1over ispersettled

cent,byProvided,

onthetheparties, without

firstthat$500when

of the a sale oforthedecree, property, the marshalof 1shall

cent, onsuchthecommission

claim excess of shall

any sumbe allowed $500:

on the appraised value the claim

thereof. value of the property and one-half

is less than per

, of admiralty,the

For and saleforof receiving

vessels, orandother property,

paying over the under

money,process

2£ per in admiralty,

cent, on am or under

a under the order

$500, of

and a1Jcour

peru o

excess of any sum over $500.

101— Interpreter's Fees.

For

For each

making day’s attendance upon court

If more thantranslations

200 words for each additional 100 ...

102— Witnesses' Fees,

irir each

each day’s attends

mile travelle

10S—Crier’s Fees.

On trial of every suit — ••• ... 'i ... .... ... '

104—Gitizen Associates’Fees.

For each day’s attendance ... ;.. ... ... E

105— Costsfor Prevailing Party.

All necessary Court fees paid out.

106— Cousai’s Fees.

Where Thethefollowing fees shall be isallowed orin arbitration

less proceedings '

Where itit exceedsexceeds $1,$500,000,andforupeachto $500,

amount in question

$1,$1,000000 or fraction

i1(

InWhere

cases of libel, slander, and all proceedings thereof money judgments

not requiring XX

In allissuing

For arbitration

a search.proceedings

warrant judgment may be entered for costs, and execution issued thereon..

For

Feesholding an inquest

are payable out of the estate of the descendent.:.. .;. ... ... ... ... ... ... ... 1

If

for inquests

107— .Fee* in Prolate Matters.

(1) The court administrator

shall allow Shalla reasonable

him present tocompensation,the court a billto beof determined

particulars byof the services rendered by him, and the

(2) The consul, whatsover when salaried officer (drawing fixedmatters

compensation), notthebebycourt.

shalldecided allowed as aanyconsular

fees incourt.

any judicial

(3) proceeding

If,is noinfixed

any case, a consul

salary, and

appertaining

shall be

whoseconsuls appointed

compensation

to probate

for any

depends of the heard

open andportsof

on collection ofthenconsular China himJapan,

and towho

fees, andshall whoseis vested

office there

with

judicial authority

following fees: (as the who have fixed compensation), such consul be allowed the

For

For passing

passing on

on current

final reports

reports of of

same executor

... administrator, or guardian ...

... ...

... ...

v. . ' ...

... ...

,.i ' ... ...

IlfIf

For hearing

For a final order of discharge

application for distribution of estates. ,: ... ...... ...... . ..... ... ..., _ '...

...

For The making clerkorder

shallofreceive

distribution

the following fees : .;. ... ... ... ' ...

For

For apreparing

citation inandadnjiinistration

administering . oath

the ... to an exeeutbr, administrator, or guardian

For

For issuing

docket and

fee recording

... letters of administration and guardian’s certificate ... ... ... 1

For seal

For filing papers

For seal toto letters

lettersofof appointment

administrationof appraisers of estate... , ... ... ...... ...... ...... ...

r orders, convingreandgeneral recording orders,

schedule for etc.,

like and such and

services, like subject

acts, thetoclerksuch

108—Fees in Ministerial Court.

The except

fees of inthecasescourtbrought

and its officers shall

courtbeupon

theappeal,

same asin allhereinbefore prescribed forfee the consular courts,

In addition

of all to which,

papers and the samebefore

process, and

said

feesalso

as consuls are allowed

administering toetc.chargeof which

oaths, shall becases

allow'a ecourt

d for the shall be charged

issuance, filing, ofetc.,... 15.00

The fees of the clerk, marshal, interpreters, etc., in a ministerial court, shall be the same in appellate as in other cases.

REGULATIONS GOVERNING THE INSPECTION OE

PASSPORTS OE EOREIGNERS ENTERING

CHINESE TERRITORY

Promulgated August 22, 1980, by Order of i'he Administrative Yuan of the

National Government, Republic of China

Art. I.—Unless otherwise provided for by law or treaty. Passports held by all

foreigners entering the territory of the Republic: of China shall be inspected in

accordance with the provisions of'the following Regulations.

Art. II.—A Passport shall give the name, sex, age, native place, address and

occupation of the holder, and the reason for entering Chinese territory; it shall

have a photograph attached and be vised at a Chinese Consulate established in a

foreign country. A Passport may include the members of a family (children under

age) and servants; but the names and other particulars must be given in the

Passport with photographs attached.

Art. III.— Passports shall be inspected by the local government in Chinese

territory. If necessary, the Maritime and Native Customs may be asked to assist.

In special cases the Department concerned of the Central Government may appoint

officials to direct and supervise inspection. The places of inspection will be

separately specified.

Art, IV.—If during inspection any one of the following conditions is found to

exist the foreigner concerned may be denied entry into Chinese territory.’ The

conditions are

1. When there is no Passport or when inspection is objected to. ■

2. When the Passport is hot in regular* Order or is fraudulently obtained or

forged.

3. When the holder’s activities niay be detrimental to the interests of the

Kuominfang or Government, or may endanger public peace andsecurity.

4. When the holder is a vagabond or mendicant.

5. When contrabands or indecent articles are carried

6. When holder has previously been expelled from Chinese territory.

Art. V.—If during inspection, any doubt should arise as to the purport of the

conditions set'forth in the preceding article, the Inspector shall refer the matter to

his superior officer by the quickest means possible and he may temporarily detain

the foreigner pending decision.

Art. VI.--Pofeigners who are exempted by law or treaty from the necessity of

producing Passports on entering Chinese territory shall nevertheless be subject to

the provisions of Sections 3, 4 and 6 of Art. 4 and Art. 5.

Art. VII.—Detailed Rules supplementary to these Regulations are framed

separately.

Art. VIII.—These Regulations shall be effective four months after date of

promulgation.

Supplementary Rules to Regulations Governing

the Inspection of Passports of Foreigners

Entering Chinese Territory

Art. I.—These- detailed Rules are made in pursuance of Article 7 of the

Regulations governing the inspection of Passports of foreigners entering Chinese

territory (hereinafter referred to as “ Regulations.”)

Art. II.—The expression children under age” as used in Clause 2 of Article

of the Regulations, shall be determined by the age limit fixed by the Civil Law of

the Republic of China.

Art. III.—The places where the inspection of Passports of foreigners entering

Chinese tenitory will take place are as follows:—

202 PASSPORTS OP FOREIGNERS ENTERING CHINESE TERRITORY

' ; . (A) Land'Rojt^es ' ,

Manchuli Harbin Hi Kowloon Szemao

Pogranichnaya Ghinchou Kashgaria (also by sea) Mengtsz

Hui

Yen ChiChun Changchiakou

Suiyuan Ta Gheng Tung

Chien Shan Tengyueh Shing Hokou

Lung-chow

(B) Sea Routes

Canton Samshui * Chung Shan . 1 Swatow Foochow Woosung

Pakhoi ofKongmoon

(Passports those entering theHarbour

Yangtze RiverAmoy Shanghai

not via Shanghai shall be inspected

Tsingtao Lungkou at Woosung.)

Chinwangtao Antung Taheiho

Chefoo Tientsin or Hulutao (also by land) Tungkiang

Weihaiwei Tangku Newchwang Aigun

(C) Air Routes.

Before an aerodrome has been laid out. Passports of foreigners entering-

Chinese territory by aircraft shall be inspected at the first authorized landing station.

In case of necessity, the number of stations where Passports are inspected may

be increased or reduced by the various departments concerned after sanction has

been duly obtained.

The places of inspection on the borders of Mongolia and Tibet shall be given

separately.

Art. IV.—A foreigner denied entry into Chinese territory under the terms of

Art. 4 of the Regulations, if found unable to leave the territory of the Republic of

China shall be handed over to the Consul of his nationality to be dealt with.

Art. V.—When the assistance of officers of the Maritime or Native Customs

is required in the examination of Passports the local authorities and the Customs-

shall jointly make the necessary arrangements, and report to the Department con-

cerned for record.

Art. VI.—Passports of foreigners entering Chinese territory besides being

subject to the provisions of Art. 3 of the Regulations are subject to inspection by

local authorities in the interior.

Art. VII.—If any one of the following conditions is found to exist, the local

authorities in the interior shall at once detain the foreigner and report to the

Senior Official for instructions:—

L Any one of the conditions as laid down in Art. 4 of, the Regulations.

2. When the Passport produced does not bear a chop to show that it , has

been inspected.

Art, VIIL—The Inspector shall not ask for any payment from the foreigner

fcq’ inspection of Passport.

Art. IX.—The Inspector when inspecting Passports shall be in uniforin and

shall year a distinctive badge. The badges shall be prescribed by the? Depart-

ment concerned.

Art. X.—The Inspector when inspecting Passports, shall give the foreigner

desiring to enter Chinese territory an inspection form to be carefully filled in; said

form shall be prescribed separately.

Art. XI.—The Inspector after inspection shall impress aj chop on the Passport

giving the date of inspection. The form of this chop shall be prescribed by the

Department concerned.

Art. XII.—The Inspecting authorities shall, before the 10th of each month,

submit a table giving the name, sex, age^native place, occupation and adlress, as-

wpll as the re^soiyfor entering China, of .all foreigners to, whom perniission has been

granted local

highest pr refused during

authority for the preceding tpmonth.

transmission This tableconcerned

the Department shall, beforsentrecord..

to the

d.rt. XIII.—In tbeevent of any cape arising not-covered .by the provisions of

the Regulations pr the detailed Supplementary Rules, the inspecting authority shall

immediately telegraph to the Department concerned for instructions.

Art. XIV.—These detailed! Rules shall he effective from the- date: the

Regulations are put in force.'

CUSTOMS EXPORT TARIFF OE THE REPUBLIC OF

CHINA

{Revised, June 2b', 193b)

Note. The term “n.o.pi.f.” in this Tariff

for *• not otherwise provided for ’’ ' , ' Skins, Dressed or Undressed, not' Per HK Tls.

Animals and Animal Products (not ' made a.b. Goat

up :—

Dog including Kid Skins...Value

HJJESr^vi

including Hides, Leather, Skins

(Furs), Fishery and Sea Products) . ;7|% 7) „

Per^T^l cid:. Marmot Raccoon... ... ... "Value 7i%

7^’,,

Animals, Living Value /7i% e. Sheep (including Lamb

Kristies;■

Sggs

a. Etrgand Egg Products:—

Albumen,

... ... tt .

Volk, and Squirrel. ... ..... ... ... „., .747i'„„,,'

Skins)

/.17. Weasle 1 ’ ... ... • 74'

Whole h. Others „

b. Egg Dried ... Egg . • (Melange),

Volk, andValue . ,5% Skins, Hides and madeLeather,

up or Mounted

n.o.p.f ...... v„ 7i,, 74 >,

V holeAlbumen,

Egg (Melange), Fishery and Sea Products

Moist and Frozen

including GFlycerised (not

Egg i BichoBlack

de Mar:— Per Hk. 3.40Tbs.

c. Products). ... Fg'gs, 'Fresh,. „in Shellb,a. (in- Picul

cluding ... ChilledandEggsSalt-iri „

Shell)Preserved Fish,

, Fish, Cuttle

Dried ...... „

... ... ... . . „„ . ' 4.60 0.93

0.6b

d. Eggs, Fish Glue v

Feathers ed.. Thousand

Value %%, Fish Maws

1.00' ! Fish, „ ' 1 4.60

Hair, Horse „ '74! Salted

7F Fish Skin (including Sharks’ „ ' 0' .24

Hair, Human

Honey (including Wild .Unclean- n Skin) ... ... 1.20

Mussels,and DriedShrimps, Dried (not ... „ 1.00

ed Honey) ..: .:. ...

Intestines Picul a76 Prawns

Meats, Fresh or Frozen (includ-... Value 5% Sharks’ including Fins:—Crushed Shrimps) ... „ ’ ■ 0,85

ing Game

Meats and Poultry)

Preserved andinPrepared „ 7£„ a.b. Clarified

:—Picul Black ... ... ... ....'1...,’ Picul 1.70

• ,».- 11.00

a.b. Others

Bams, Whole, bulk ... 2.20 c. White 4.00

Bones Cow

Glue, .(including ...Tigers’ Bones)Value „ 7£7)%

Picul 0.74„ Shrimps,

Fishery Crushed

and Sea ...Products,Value ; * 0%y

Horns, Buffalo.completely n..o-p.f,.

and Cow harden- „ 0.54 flC’-Fish, ' Fresh ' (inciuding ..v'-v, 0r

Horns,

ed Deer, „ 2.30 frozen fish) ... Free

Horns, Deer, Old Value 7)% b. Others Value 5%

Horns, Beans and Peas

Musk Deer, Young ... ... ' , 7474 , Bean-, Black, Green, White, and

Sea Shells and Oyster Shells ... Picul 0.14

Sinews, Buffalo, Cow, and Deer „ 1.90 Medicinal Beans) Yellow (not including... ...White...... lOCkg: ' -

Picul <>,0.09

Tallow, Animal 081 Beans, Broad 23

Wax:-

a.b. Yellow

White (Tnsect Wax) Picul 3.60 Beans,

Beads, Green,

Red Small... ... ■ ,,

„ 0.38.

•0;3g»

(Beeswax)

Animal Products, n.o.p.f „ 2.40

Value '7J% Peas and Btans, n.o.p.f, ... .,. „ 0.23'

Hides, Leather, and Skins (Furs) Bran Cereals and Cereal Products Value ; 74%

Hides,turesLeather and n.o.p.f.:—

Manufac- Buckwheat

Flour: Picul 0113

of heather,

a. Manufactures of Leather Value 5% a. Flour, Wheat (Machine-

b. Others

Hides, Buffalo and Cow... {includ-

... ... „ 71% milled) (including Semo-v. 100 kg, Free

ing Calf), Dry or Wet, Salted... Picul 2.10 b. Flour, lina) n.o.p.f. ...PiculValue Ffep

or

Leather,Unsalted

Buffalo and Cow, Kaoliang...(Sorghum) 0.15

simply Tanned including Maize

Milletand Paddy ... ..; ;.. ...... „ ••’•T" 026 0.15

Chrome Sole Leather „ 0.63 Rice 0.3A

204 CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF CHINA

Seed-cake (inclttdirig Crushed Per Hi:. Tls.

and Powdered):— Oils, Tallow and Wax

а.б. Cotton

Beancake Picul 0.( Per Hk. Tls..

...... Value 5%

Seed-cake „ 0.( Oil,

Oil, Aniseed

Bean ... ... Picul 0-20

c.d. Groundnut

Rape Seed-cakeCake ,, 0.‘)45

„ 0.045 Oil, Cassia ... ,.., 11.00

Wheat ri.o.p.f „„ 0.25 Oil, Castor ... 0.69

...... 100„ kg. 0.48

Cereals, 0.25 Oil,

Oil, Cotton-seed

Groundnut

Dyestuffs, Vegetable Oil,

Oil, Hempseed

Linseed ...... „„ 0.48 0.48

0.48

Indigo: — Oil, Perilla-seed ... „„ 0.48

a.b. Liquid

Dry Picul

,, 2.00

0. V5 Oil, Rape-seed ... 0.48

Nutgalls Oil, Sesamum

1.00 Oil, Tea ... seed ...

... „ 0.48„ 0.48

Turmeric Vegetable, n.o.p.f. ...... Value „ 71% 0.23 Oil, 1.60

Dyestuffs,

Fruits, Fresh, Dried, and Preserved Tallow. Oils.Wood

Vegetable,

Vegetable n.o.p.f. ... Picul

... Value 0.795%

Chestnuts,

Dates, Fresh

Black, Dried ... . Picul 0.41

0,50 Wax, Vegetable ... „ 0.79

Dates,

Lichees,Red,DriedDried 0.37

0.85 Groundnuts

Lungngans, Dried 0.73 a. In Shell(including Blanched... 100 kg. 0.24

Lungngan Pulp 1.10 b. Shelled

Peanuts)

Olives:—

a.1. Salted

Fresh or Preserved . Picul 0.20 Seed,

Seed, Apricot

Castor ...Picul

Value

0.30

1 65

7$%

. Value 0.46

5% Seed, Cotton ... ... ... „ 7*.,

Walnuts (Kernels an i in Shell). Seed, Hemp

Seed, Linseed

Lily-flower (Lotus-nuts) ... Value Picul 71%7 5„

1.95

Fruits,n.o.p.f.

Fruits) (including

Dried and/or Canned Seed,

Persimmons,

Others DriedSalted:

... ...— 100 kg. 0.75 Seed, Seed,

Melon

Seed, Rape

Perilla Picul 74%

Value

„ 75 „

0.60

Fresh:Apples

— and Pears Value 5% Seed, Sesamum (not including

100 kg. 0.35 Sesamum-seed Pulp)

0.40 Seeds, K'O kg. 0.55

• Others

Persimmons n.o.p.f ... Value 7J%

Others, n.p.p.f. .. Value 5% Spirituous Beverages

Fruits, n.o.p.f. (including Canned Samshu

SpirtuousandBeverages,

Medicatedn.o.p.f.

Samshu...... 100 Valuekg. Free

74%

Fruits):—

a.b. Others

Preserved... and/or Canned... Value Sugar

,.. 5% Sugar,

71 „ Sugar,

Standardunder No. 11 Dutch

Medicinal Substances and Spices (not Standard No. 11 and over, DutchICO kg. Free Free

including Chemicals) Sugar Candy Free

Aniseed,

Aniseed Broken

Star ... Value 5% Tea

Betelnuts ...... Picul „ 5..

0.36 Tea, Black

Tea,Tablet)

Brick ... (includin:

Free

Betelnut

Camphor Husks „ 0.26

4.40 Tea, Green ... ... ... Tea,... Free

Free

Cardamoms,

Cardamoms, Inferior

Superior ,,,, Tea Dust Free

Cassia Buds „ Tea, Leaf, Unfired Frefe

Free

Cassia Twigs

Lignea Tea, Siftings

Scented

Cassia

China-root (Whole, ...or in...Value

Sliced,, Piciil Tea

Tea Stalk

Free

Free

Cubes) ... ... ,, 0.71 Tea, n.olpi. ... ... ... Free

Cinnamon 2.70 Cigars and Cigarettes Tobacco Value 74%

Galangal

Ginseng 0.23 Tobacco, Leaf 100„ kg. 33.0050

Liquorice (including Scraped . Value ~i% Tobacco, Prepared

Liquorice Root)... ... ... Picul 1.10 Tobacco, n.o p.f. ... Value 74%

Ndtniegs

Peel. Orange and Pumelo Vegetable

Rhubarb . Value Vegetable Products, n.o.p.f.:—

Parparationsand Spices,. Picul 1.50

Medicinal Substances

Medicinal 5% a India PerchaRubber and Gutta

and...Manufactures Free

5 „ b. Others ... ... ...... ,,,; ... Value 74%.

thereof

CUSTOMS EXPORT TARIFF OF TELE REPUBLIC OF CHINA 205-

I'ungas :— Per Hk. Tls. Planks:— Per Hii. Tls..

a. Others

b. BLick ..Picui

Value 2.30 a. Hardwood Camphor-wood, (not Bed including

wood, • ■

Garlic and Teak):exceeding 16-ft.

Lily-flowers,

Mushroom,Dried Pried... ......

Dried „„„ 0.098

0.70

4.30 1. Not

long, 12-ins. wide, andValue

Turnips, and Salted „ 0.20 2. 3-in.

Not thick

exceedingwide,21-fb. 74%,

Vegetable.-,

u.op.f Dried, Fresh or Salted, Value 5% long, 12-ins. and

Other Vegetable Products 3-in. thick... ... ... ... „„ 71

3. Others

Beancurd(Grass> and Hay) Value 74% b. Softwood: 74 „■

Fodder

Soy ,,

Picul 0 34 1.

2. Not

Over over

1-in.1-in.butthick

not ... „ 74*.

over

Vermicelli Products,

and Macaroni ,, 0: 9 2- 74 „

Vegetable n.o.p.f. ... Value 74% 3. 3-O er 2-iu. but not oyer 74..

Bamboo:— Bamboo 4. Over 3-in. but not over

a.b. 1-in. in diameter or over. Thousand 0.91 5 Over4- 4-in. but not over 74 „

Bamboo, Less than 1-in

Split, Leaf, etc in diameter... Picul

Value 0.17

71% 5- 74„.

Bambooware „ Free 6, Over 5-in. but not over

Fuel Teak 7. 6-Over 6-in 74.,

„„ 747 4 „

Charcoal...

CoalCoal(including ... .. . ...

Coal liu§t, from and Picul 0.082 Timber and wood, n.o.p.f, (in-

Bricks manufactured cluding

Redwood Camphor-wood

Plauks)and Woodware, and ,,

Coal Dust) ... Ton c.75 0.34 Wood Furniture 74 „

Coke

Firewood Picul 0036 n.o.p.f 100 kg. Free-

Rattan Paper

Kattan Skin Value 7% Paper, 1st 100quality, value oVer

Eattan, Split Picul 0.43 Paper, 2nd quality, value over ,, Free

^30 per kg

Eattan, Whole (including Core),.. „ 0.23 $15 but not over $30 per kg. „ Free

Eattanware

ture and Eattan Furni-100 kg. Fre^ Paper, 'Paper,

end under 3rd 100 quality,

kg value100 $15 „ -Free-

Timber, Wood, and Manufactures Dollars).loss (including Josspaper... Value

Beams:— thereof Paper, Strawboard. ... ... ...Value

Paper, n.O.p.f. IQOkg. Free

a. Hardwood: Textile Fibres

1. Square : Cocoons, Domestic (including fcicul 11.00-

i. ft.Notlongexceeding 26- 1 Doupions)

12-in. square and under Value 7i% (jocoons,

Cocoons, Refuse

Wild ... ...... Value 7174„„

ii. Other-

2. Other than square ...... „„ 7i,, ,, 71 „ Coir:Fibre

b. Softwoid 7£„ b.a. Crude Picul •0.67

Value 74,.

Masts and Spars : - Cotton, Raw ... ... Picul, 1.20-

a. Hardwood:

1. Not exceeding 40-ft.Value 74,. Cotton) ... Cotton Waste (including Fly

long 0.29-

2. Notn exceeding 60-ft. HempGoats’ ... 100 kg. Value

Hair, 5%

1.36

Picul 6.74

3. l° g

Exceeding 60-ft. long „ 74,.„ Ramie ...

7i „ $.12

b. Softwood 40-ft. , „,,„ 747474,.„„ Silk, Raw, 7.50

1. Not

long exceeding

• Raw,andReeled,

Silk,reeled White

Steam

from Doupions

(including

Filature) Re-... ,,»> 15.00

2. Notlong exceeding 60-ft. „„ 7474 „„ Silk, Raw, Wild (including

... 60-ft. long...

Piles, 3.Poles,

Exceeding

and Joists (giot in- „ 74,, Silk,reeled

Filature

Raw,andYeliow Steam (including

Filature) Re-... „ ,10.5(4 740'

cluding Softwood

ing 42 inches in circumference Poles exceed- Silk, Waste (including Cocoon

at 5-ft. from,the large end) ... Value 74% Strippings Waste)... and .Silk YarnValue 5%.

206 CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF CHINA

Per Uk. Tls. Brass, and— Manufactures Per Uk. Tig.

Wadding, Cotton

Wadding, Silk ... -lo.-ic

... ... „„ 5„ 5% thereof:a. FoilButtons... ... 100 kg. Free

Wool, Camels’... ... „„ 5„ 5„ c. Nailsb. Picul 5.zO

Wool, Goats,' „ 1.00

Wool, Sheep’s

Textile Fibres, n,o.p.f.... iaitil...,, Yalue 7i„ 5,, e.d. Brajssware

Wire ... ... ....., ... Value

... „ Free 1.50

f.

Coins, Others

Foreign ...

... ... „ H%

Yarn, Thread, Plaited and Knitted Copper, and Manufactures there-

Goods of;—aioiioo"^ n

Cordage and Twine Value Free a.b. Sheets,

Ingots and Bods, Slabs

and... Nails ......Value 7i%

Cotton

Cotton Socks

Thread, and Stoekiiigs

Sewing, On Spools... Free

Cold c. Others

and ...

Silver, ...and ....

Manufac- ,,„ 7|,,74 „

or Cops (of.50 yds. or less) ... Gross 0.037 tures .thereof:

Cotton

Cotton Thread*

Yarn Work; n.o.p.f. ' ... ...... Picul 1.10 a. Bullion (including, Gold

Drawn-thread

Work, and Cross-stitch

Embroideries, Silk < „ 1.10 b. Goldware Dust) and Silverware...... Value 74% Free

or other ... jfti , Free Iron,

. a. and Manufactures

Bars, Hoops, thereof

Rods, •—

Lace andYarnTrimming’s Thread ...100 Free Sheets,

EamieYarn

Silk andandand

Threads- kg. Free Mild Steel)etc. (includingPicul 100 kg. Free

Free

Woolen Yarn Thread ,.. ...Picul *, 10.00<1.50 c.b. Pigs Nails and Remelted

KentledgeShansi (in-

Piece Goods cluding

Iron) Value 74%

Cotton Piece-Goods

Grassclbth, Cpars^s (having ,npt; Picul 1.50 d. Wire 100 kg. Free

Free

over 16 warp ...thread e. Others (including Steel) ... Value

centimetre)... ... ...toover...a 100kg. Free Lead, and Manufactures there-

Grassclotb,

40 warp Fine to(having

threads ap m'h)[.. „ Free a.b.of Sheets

Pigs or ,.Bars... ...... A- Picul 0.40 0.60

SilktuvalPiece• ilkGoods (including Na- . c. Others

Piece Goods, and/or

and Artificial

Mixtures Silk

of Quicksilver

' ) inware .... ...Value Picul Free74%

5.10

Natural

and otherand/orfibres)Artificial Silk Free Tin,of:—and Manufactures there-

Silk Pongees

Piece Goods, ho.p.f. ... Value Free «, Fpil a"n(i... Slabs .... ... Picul 4.00

Other Textile Products Zinc,c.b. Ingots

Others

and Manufactures

...Value

there-

„ 74% 2 30

Blankets and Counterpanes,Picul 3.Q0 a. Spelter of:—

Cotton Woollfin,

Blankets, b. Others ... ...Picul Value 74% 0.53

Cotton'tinion and Wool andPiece 0.15 Metals n.o.p.f, and Metallic Products,

Gunny Ne#Bags

a.b. Old Picul 0.41 Manufactures of ... ...... ......Value Free

Others 74%

Towels ... ... ... ,, 3,(0 0.25 Glass and Glassware

Woollen CarpetsCarpets(including Wool Glass BanglesColoured

or Armlets

and

Bugs)Cotton and Floor Gla-sa. InBeads, or Plain :—100 kg. Free

Clothing and Articles of Personal100 kg. Free; hulk

strung or temporarily

together(including with ■

Wear (including Boots and C.Silvered.

tton String

a.Shoes):—

Natural

b.c Natural Silk

Silk Mixtures 100kg. Picul

„ 6.50 10.00 Beads, strungHollowand Glass

packed

in cartons)together with „ Free

d. Cotton

Others ... ... ... Value FreeFree b. Strung Fancy Cottonup, orin Fancy

- Silk <