Hongkong Directory 1938

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i ^ i . ! ! I ' I ; A [ M '

I ■ O' !i N ! C> CO., LT D.

^3 43031

THE

DffiECTOKT & CHRONICLE

CHINA, JAPAN, KOREA, INDO-CHINA,

STRAITS SETTLEMENTS, MALAYA,

SIAM, NETHERLANDS INDIA, BORNEO,

THE PHILIPPINES, &c.

ATTH WHICH ARE INCORPORATED " THE CHINA DIRECTORY ” AND

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

FOR THE YEAR

1938

SEVENTY-SIXTH YEAR OF PUBLICATION

THE HONGKONGI DAILY PRESS, LTD.

MARINA HOUSE, 15-19, QUEEN’S ROAD CENTRAL, HONGKONG

AND

53, FLEET STREET, LONDON, E.C. 4.

MDCCCCXXXVIII.

PRINTED IN HONGKONG.

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INDEX - DIRECTORY

PA(

Addenda xix Chin a—Continued Japan -Continued

Agencies in Far East E! Southern Voxt»—Continued Nagasaki 322

Annam B221 Samshui... ... ... A466 Nagoya ... ... ... 277

Annam, Provinces de ... B224 Santuao A405 Osaka ... ... ... 283

Hud B221 Swatow ... ... ... A425 Otaru ... ... ..; 282

Tourane B224 Szemao ... ... ... A490 Shidzuoka ... ... 277

Borneo D81

Tengyueh A489 Shimonoseki 319

Brunei D96 Wenchow ... ... A402 Tokyo 246

Jesselton (See N. Borneo) Wuchow ... ... A468 Yokohama ... ... 264

Kudat (See N. Borneo) Tunnanfu ... ... A483 fVlacao

Labuan ... ... ... D94 Yangtsze Ports Macao ... ... ... B183

North Borneo, State of n87 Changsha ... ... A380 Malay States

Sandakan (See N. Borneo) Chinkiang A338 (Federated & Unfederated)

Sarawak DSI Chungking ... ... A389 Ipoh (See Perak) ... cl29

Tawao (See N. Borneo) Hankow ... ... ... A353 Johore ... ... ... cl71

Ichang ... ... ... A386 Kedah ... . . ... cl89

Cable Addresses Kelantan ... ... cl82

For the Far East ... F! Kiukiang A350

Nanking... ... ... A340 Klang (See Sebngor)

China A! Kuala Kangsar (See Perak)

Central Ports Shasi ... ... ... A378

Wuhu ... ... ... A346 Kuala Lumpur (See Selangor)

Shanghai A!49

Kuan tan (See Pahang)

Soochovv... A335 Yochow A376

Chosen (Korea) 332 Malay States (Fed.) ... cl 10

Northern Ports Malay States (Unfed.) cl70

Antung Alii Chemulpo ... ... 338 Muar (See Johore) ... cl80

Changchun A!06 Chinnampo 343 Negri Sembilan ... cl58

Chef oo ... A119 Fusan ... ... ... 341 Pahang cl66

Chinwangtao A87 Gensan (Wonsan or Perak cl 22

Dairen A112 Yuensan) ... ... 340 Perlis cl93

Harbin ... A98 Kunsan ... ... ... 344 Pt. Dickson (See N. Sembilan)

Hsinho ... A86 Masampo ... ... 342 Pt. S wettenham (See Selangor)

Hunchun A108 Mokpo ... 342 Selangor... .. ... cl37

Kiaochau A!34 Seishin ... 344 Serem ban (See Negri Sembilan)

Kirin A!O7 Seoul 334 Taiping (See Perak)

Lungchingtsun... Ales Unsan Gold Mines ... 338 Teluk Anson (See Perak)

'Lungkow . A127 Classified List Trengganu ... ... cl85

Manchurian Trade Centres A93 Merchants & Manufac- Ulu Selangor (See Selangor)

Mukden A93 turers in the Far East E79 Naval Squadron

Newchwang A90 Cochin-China B232 Naval Squadron, Brit.... DIOO

Peitaiho A 87 Cambpdge B251 Netherlands Indiac279

Peiping ... A!9 Cholon B249 Batavia ... ... ... c297

Port Arthur A 109 Saigon B233 Buitenzorg ... ... c297

Port Edward . . A132 Eastern Siberia 239 Macassar ... ... C318

Taku A84 Nicolaevsk ... ... 240 Manado (See Macassar) >

Tientsin... A32 Yladivostock ... ... 239 Medan (See Sumatra) ' ■

Tongku A86 Engineering Firms in Padang ... ... ... e316

Tsinan ... A145 the Far East ... B159 Semarang ... ... c313

Tsingtao... Al3t Soui-abaya c305

Wei-hai-wei Foreign Residents F!25

A129 Sumatra, East Coast of' c321

Southern Ports Formosa 325

Daitotei (Twatutia) ... 328 Philippine islands ul

'Amoy A417 Baguio ... jhl4

Canton A435

Keelung 327

Taihoku (Taipeh) ... 328 Cebu b73

Foochow A 406 Iloilo

Hangchow A394

Tainan, Takao & Anping 330 D69

Tamsui ... 327 Manila ... ... ... D12

Hoihow (in Hainan Is.) A478 Zamboanga n78

Hokow A487 Hongkong A491

Rubber Estates,

Hongkong A491 Indo-China B199

etc cl95

Kongmoon A464 Haiphong ... ... B208

Hanoi B202

Shanghai A149

Kuliang A409

Siam B253

Kweilin A470 Tonkin B201

Tonkin, Provinces du ... B213 Bangkok ... ... B255

Kouang-tcheou-wan ... A473 Steamers

Kowloon Frontier ... A459 Industries in China si Corf sting .bill

Lappa A462 ! Japan 241 Straits Settlements cl

Lungchow A481 Hakodate ... ... 281 Malacca , c l 01

Mengtsz A4&3| Kobe 293 Penang ... c77

Nanning... ... ... A47l Kyoto ... 292

Ningpo ...

Pakhoi

A398:

... A4-7R'

K shu ...

...

... ;ail

... 319

Prdv. Wellesley (See Penang)

Singapore

Treaties

cl 3

INDEX-DIRECTORY

it. PAGE.

Addenda ... ... xix Japan ... ... ... 241 Peitaiho ... A87

Agencies in Far East... E! Jess8lton(6Ve B.N.Borneo) e93 ... c77

Amoy A.417 Johore ... Peiping ... ... ... A19

Annam ... ... B221 Perak ... cl22

Annan*, Provinces de ... B224 Kedah ... ... Cl89 Perlis cl93

Antung Alll Keelung ... ... 327 Philippine Islands ... Dl

Kelantan ... cl82 Port Arthur ... ... A109'

Baguio DI4 Kiaochau ... A134 Port Edward ... .... A132

Bangkok ... ... B255 Kirin ... A107 Prov. Wellesley (See Penang)

Batavia ... c297 Kiukiang . A350 3R

Borneo n81 Klang (See Selangor) Rubber Estates, etc. ... c.195-

British North Borneo ... D87 Kobe ... ... ... 293 S

Brunei D96 Korea ... 332 Saigon ... B233

Buitenzorg c297 Kongmoon A464 Samshui... ... ... A466

G Kouang-tcheou-wan ... A473 Sandakan (See N. Borneo)

Cable Addresses ... F1 Kowloon Frontier ... A459 Santuao ... A405

Carabodge B251 Kuala Lumpur (See Sarawak D81

Canton A435 Selangor) cl39 Seishin 344

Cebu D73 Kuantan (SeePahang)... cl66 Selangor... ... ... cl37

Changchun ... ... A106 Kudat (See N. Borneo) Semarang .:. ... c313

Changsha ... ... A380 Kuliang ... ... ... A409 Seoul ... ... ... 334

Chefoo A119 Runsan ... 344 Seremban (See N. Sembilan)

Chemulpo 338 Kweilin ... ... ... A470 Shanghai ... ... A149

China ... Al Kyoto 292 Shasi ... ... ... A378

Chinkiang A338 Kyushu 321 Shidzuoka ... ... 277

Chihnampo ... ... 343 XJ Shimonoseki 319

Chinwangtao ... ... A87 Labuan ... ... ... D94 Siam ... ... ... B253

Cholon B249 Lappa A462 Singapore cl3

Chosen (Korea) ... 332 Lungchingtsun... ... A108 Soochow... A335

Chungking A389 Lungchow A481 Sourabaya c305

Classified List of Mer- Lungkow ... ... A127 Steamers, Coasting ... Dili

chants ... ... E79 JVC Straits Settlements ... cl

Cochin China B232 Macao ... ... ... B183 Sumatra (East Coast of) c321

3D Macassar ... ... c8l8 Swatow A425

Dairen ... A!12 Malacca ... ... ... clQl Szemao ... A490-

E Malay States (Fed.) ... cllO T

Eastern Siberia 239 Malay States (Unfed.)... cl70 Taihoku (Taipeh) ... 328

Engineering Firms in Manchurian Trade Centres A93 Tainan, Takao & Anping 330

the Far East B159 Manila ... nl2 Taku ... A84>

E Masampo ... ... 342 Tamsui 327

Federated Malay States cl 10 Medan (See Sumatra) ... c321 Tengyueh ... ... A489

Foochow A406

Mengtsz A483 Tientsin ... A32

Foreign Residents ... F125 Merchants & Manufactur- Tokyo 246

Formosa... 325 ers, Classified List of... E79 Tonkin ... B201

Fusan 341 Moji 319 Tonkin, Provinces du ... B213

Gr Mokpo ... ... ... 342 Tongku ... A86

Oensan (Wonsan or Yuen- Tourane ... B224

sain) 340 Mukden A93

JNT

Treaties... ... ... I

HI Nagasaki 322 Trengganu ... ... cl8&

Haiphong ... B208 Tsinan A145

Hakodate 281 Nagoya ... 277

Nanking A340

Tsingtao ...AlSlf

Hangchow A394 XJ

Hankow A3O3

Nanning A471 Unfederated Malay

Hanoi B202

Naval Squadron, British D 100 States cl70

Harbin ... ... ... A98 Negri Sembilan ... cl58 Unsan Gold Mines ... 338

Hoihow (in Hainan Is.) A478 Netherlands India ... c279 ~V

Hpkow ... A487 Newchwang ... ... A90 Vladivostock ... ... 239

Hongkong A49I

Nicolaevsk 240

Hsinho ... A86

Ningpo A398 Wei-hai-wei ... A129

Hu§ B221

North Borneo, State of... B87 Wenchow ... A402

Wuchow... ... A468

Hunchun ... ... A108 Wuhu ... ... A346

Ichang ... A386

Yochow A376

Iloilo D69

Yokohama 264

Indo-China Bt9|9 Padang ... ... c^lfi Yunnanfu A483

Industries in China ... B! Pahang ... ... cl66

Ipoh (See Perak) ... cl29 Pakhoi ... ... A476

INDEX TO ADVERTISERS

PAGE PAGE

A.B.C. DIRECTORY OF AMERICAN CABLES:—

MERCHANTS AND MANUFACTURERS G37 Callender Cables (Agents):

A.B.C.DIRECTORY OF BRITISH MER- Inniss & Riddle (China), Ltd.,

t CHANTS AND MANUFACTURERS ... Cl Shanghai k Hongkong; The

A.B.C.DIRECTORY OF CONTINENTAL

Borneo Co., Ltd., Singapore,

MERCHANTS & MANUFACTURERS ... G21

Penang, Kuala Lumpur and

Inoh Front Cover

ABRASIVE PAPER:—

[ Christiansen & Co,, Germany ... G21 CAFFEINE:—

ACCORDIONS:— Katwijk aan Zee, Holland G22

Otto L. Wohlrab, Germany G21 CALCULATING MACHINES :—

ACCOUNTING MACHINES:— Original-Odhner (Dodwell & Co.,

Elliott-Fisher (Dod well & Co., Ltd.) Ltd.) Front Cover

Front Cover CEMENT:—

ADDING MACHINES :- Associated Portland Cement

Manufacturers, Ltd., London... G7

Sunstrand (Dodwell & Co., Ltd.)...

Front Cover CEMENT MANUFACTURERS :—

Indo-China Portland Cement Co.,

ASBESTOS CEMENT & BTIBBER BUIL-

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

DING SUPPLIES:—

CERAMIC COLOURS & CHEMICALS:—

Turners Asbestos Cement Co.

(Dodwell & Co., Ltd.) ...Front Cover Blythe Colourworks, Ltd., Stoke-

Turner Brothers Asbestos CO., on-Trent, England Gl

Ltd., Rochdale G5 CHEMICAL DISTILLATION EQUIP-

AUTOMATIC SCREW & FORMING LA- G21 MENT:—

THES:— E. B. Badger A Sons Co G33

Pittler, Germany G21 CHINA WARE:—

BAKALITE SHEETS, TUBES, AC:— Canton China ware Co., Hongkong

Attwater & Sons, Preston, Lancs... G5 Rubber Estates, Netherlands

India, Borno and Classified List

BANKS :—

Tab Pages

The Chartered Bank of India, Aus- Meewa & Co., Hongkong

tralia and China xn Agencies Tab Page

Hongkong and Shanghai Bank ... xi CLOCKS MANUFACTURERS:—

Hongkong Savings Bank xiv

Mercantile Bank of India xm Kienzle Uhrenfabriken A. G. ... G23

BEDSTEADS:— COAL MERCHANTS :—

Fitter Bros., Ltd., Birmingham G5 Dodwell & Co., Ltd Front Cover

BELTING:— ' CODES:—

JAMES Dawson

coln, England ... G6 Shanghai, Engineering Section

1 and Foreign Residents Tab Pages

BELTING & ASBESTOS PACKINGS'/'

(SHANGHAI):— COMPRESSORS OF ALL KINDS:—

British Belting & Asbestos, Ltd. Demag A. G., Duisburg, Germany B170A

(Dodwell & Co., Ltd.) ...Front Cover CRANE AND TRANSPORTING MATERIAL:—

BOLTS AND NUTS:— Demag A. G., Duisburg, Germany Bl70A

Thomas Wm. bench, Ltd., Bir- CYCLE ACCESSORIES:—

mingham G6

Fichtel k Sachs A.G., Germany ... G23

BUILDING MATERIAL EQUIPMENT

MANUFACTURERS :— CYCLE CHAIN WHEELS AND CRANKS:—

Dr. Bernhardi Sohn, Eilenburg, Walton & Brown, Ltd., Birmingham Gg

Germany Gl9 CYCLE SADDLE MANUFACTURERS:—

BUYER’S GUIDE Gl Fr.

VI INDEX TO ADVERTISERS-Continued

PAGE PAGE

DIAMONDS FOE. INDUSTRIAL PUR- LABORATORY CENTRIFUGES :—

POSES :— International Equipment Co.,

L. M. Van Moppes & Sons, London Gl Boston, Mass., U.S.A G33

ELASTIC FABRICS:— LAMPS

Wm. Preston & Son, Ld., England G9 Standard Light Co., Ltd., Germany G26

ELECTRIC MACHINERY:— LAUNDRYMEN, DYERS, CARPETS AND

Lancashire Dynamo & Crypto, DRYCLEANERS :—

Ltd. (Dodwell & Co., Ltd.) Front Cover The Steam Laundry Co., Ltd.,

ENDORSING INKS & STAMP PADS:—

Hongkong ... Hongkong Tab Page

E. M. Richford, Ltd., London ... G9 LIFTS AND ESCALATORS:—

ENGINEERING FITTINGS & MEA- Waygood-Otis (Dodwell & Co.,

SURING INSTRUMENTS:— Ltd.) Front Cover

Bopp & Reuther, Germany ... Gl9 LIGHT RAILWAY CARS & MATERIALS:—

ENGINEERING SUPPLIES :—

Glaser and Ptlaum, Berlin ... . G2&

A.' Ming and Co., Hongkong ... A530 | MACHINE TOOLS (REBUILT):—

Eastern Machinery Co., Cincin-

ENGINEERS AND MACHINISTS:— nati, Ohio, U.S.A.

Demag. A. G., Duisburg, Germany BF70A

MACHINERY :—

Reiss, Bradley & Co., Ld A657 |

Demag A. G., Duisburg, Ger-

ENVELOPE AND CIRCULAR AD- many B170A.

DRESSERS:— Dodwell & Co., Ltd. ... Front Cover

A Addressing Co. (Smith, Reiss, Bradley & Co., Ltd A657

Dalby-Welch, Ltd.), London... GlO I

MARINE OIL ENGINES, ETC. :—

EXCAVATORS:— Fetters Limited, England Gl2

Demag A.G., Duisburg, Germany B170A j

MEASURING INSTRUMENTS:—

FILTERS (WATER):— John Rabone it Sons, Ltd.,

Bell Brothers, Denton, Manchester GlO i Birmingham, England Gl2

GENERAL IMPORT & EXPORT MER- MEAT-JUICE :—

CHANTS:— Valentine’s Meat-Juice Co.,

Carlowitz & Co. Back Cover Virginia, U.S.A G33

Dodwell & Co., Ltd.... Front Cover MERCHANTS, COMMISSION AGENTS, ETC. :—

GRINDING MILLS :— A.B.C. Directory of American Mer-

J. Rohrbach, Ltd., Germany ... G20 chants and Manufacturers ... G37

HACKSAW BLADES AND FRAMES :— A.B.C. Directory of British Mer-

Baynes (Ohas.), Ltd., England ... Gil chants and Manufacturers ... Gl

HONE STONES: —

A.B.C. Directory of Continental

The Water of Ayr <& Tam Merchants and Manufacturers... G21

O’Shanter Hone Works, Ltd., Carlowitz & Co ...Back Cover

Glasgow, Scotland G2 Dodwell & Co., Ltd. ... Front Cover

HOSE, CANVAS AND FIRE APPLIANCES:— Reiss, Bradley & Co., Ltd. ... A657

Mcgregor & Co., Glasgow, Scotland Gl 1 MONUMENTAL MASONS:—

HOTELS: — Joseph S." Lee & Co., Hongkong A630

Gloucester Hotel, Hongkong A614A MORRIS CARS & TRUCKS:—

Victoria Hotel, Canton Dodwell & Co., Ltd. ... Front Cover

Canton T<0> Page

NEWSPAPERS :—

IMPORTERS AND EXPORTERS:—

Carlo witz ife Co. ... Back Cover Hongkong Daily Press, Ltd.,

Dodwell & Co., Ltd. ... Front Cover Hongkong

Reiss, Bradley & Co., Ld. A657 xiv, xvm, XLII, Treaties and

Buyer's Guide Tab Pages

INSURANCE: LIFE, FIRE AND M ARINE :—

Carlowitz & Co. Back Cover OFFICE EQUIPMENT: —

Dodwell & Co., Ltd. .., Front Cover Roneo (Dodwell & Co., Ltd.) Front Cover

Reiss, Bradley & Co., Ltd A6L7 OIL ENGINES (MARINE & VEHICULAR):—

IRON & STEEL :— Gardner Heavy Oil Engines

Dobbertin & Co., Germany G25 (Dodwell & Co., Ltd.) ... Front Cover

INDEX TO ADVERTISERS—Continued VII

PAGE PAGE

OEE SEPARATOR:— RUBBER STAMPS:—

Rapid Magnetting Co., Ltd., E. M. Richford, Ltd., London ... Gl5

Birmingham, England G2 SANITARY, CENTRAL INSTALLATIONS,

PACKINGS (STEAM AND HYDRAULIC):— ETC. :—

Tuck & Co., Ltd., London Gl3 Dodwell & Co., Ltd. ... Front Cover

PAPER & PAPER MILLS:— SCRAP RUBBER:—

Waterfalls Paper Mills, New H. Muehlstein & Co., Inc., Cali-

York, U.S.A G38 fornia, (J.S. A. . . . G36

PETROLEUM REFINERS :—

SEAMLESS STEEL TUBES . i

Asiatic Petroleum Co., Ltd., Hong- Mannesmannrohren-Werke A.G.,

kong ... ... Czechoslovakia ... ... ... ... G20’

Japan, North China Ports, SEWING MACHINES:—

■ Yangtsze Ports, South; China Lf. Dietrich, Vesta G2»

Ports, Macao, Bangkok, Ma- SEWING MACHINES .(REBUILT):—

laya and Philippine, Islands Paul A. Blender, New York, U.S.A, G36

Tab Pages

PRINTERS:— SCREWIN G MACHINES:—

Hong Kong Daily Press, Ltd., Joshua Heap & Co.j Ltd., England G3

Hongkong ... ... SHEETS & STAMPINGS :—

XIV, XVIII, XLII, Treaties and Joseph Sankey & Softs, Ltd.,

Buyer's Guide Tab Pages Bilston, England Gl

PRINTING INKS:— SHIPS STORES:—

John Kidd & Co., Ltd., London ... Gl4 A. Ming & Co., Hong Kong A530

PRINTING PRESSES':— SHOE & LEATHER MANUFACTURERS:—

Challenge Machinery Co., Michigan, Bata Shoe Co., Ltd. ... ... ... G30

U. S. A. •.. 034

SPORTS :—

PRINTERS’ MACHINERY:—

Slazengers Bottom Front Tab Pages-

Linotype & Machinery Ltd., Lon-

don G3 SPRING KNITTING XEEDLES:—

The Loyal T. Ives Co., N.J., U.S’.A. G36

PUBLICATIONS:—

Hong Kong Daiily Press, Ltd., STEAMSHIP LINES :—

Hongkong Apcar Lifte ... ... ... A634A

Treaties and

xiv, XVIII, XLII, British India S. N. Co., Ltd. • ... A634A

Buyer's Guide Tab Pages Carlowitz &, Co. Back Cover

Newspaper Enterprise, Ltd., Dodwell & Co., Ltd .Front Cover

Hongkong ... ... ... Eastern and Australian Line ..; A634A

P. tfe O.-Steam Nav. Go. ... ... A634A

: Cable Addresses Tab Page

PUMPS:— STEEL PLANTS :—

Deming Co., Salem, Ohio, 0.8.A. G35 Demag A.G., Duisburg, Germany B170A

RAILWAY SUPPLIES:— STEEL WIRE MANUFACTURERS:—

A. Ming & Co.j Hong Kong ... A530 J. H. Rud, Giese, Germany G30

RAZOR BLADES:— SURVEYING & DRAWING INSTRUMENT

Edmund Bergfeld & Sohn, Ger- MANUFACTURERS:—

many G20 Stanley, W. F. & Co., Ltd G16

ROLLING MILLS:— TENNIS BALLS:—

Demag A.G., Duisburg, Germany B170A Slazengers ... Bottom Front Tab Pages

TOILET GOODS:—

ROPE MANUFACTURERS:—

Edwards Harlene, Ltd

Johnson Pickett Rope Co D43

Bottom Halj of Spine

RUBBER AND RUBBER GOODS:— TRAVEL ADVISERS:—

Channel Trading Co., Ltd., Hong- Office Central du Tourisme Indo-

kong A 561 chinois, Saigon

Fung Keung Rubber Manu- French Ports Tab Page

factory, Hongkong TYPEWRITING MACHINES:—

Underwood Typewriters

Tai Hang Rubber Factory, (Dodwell & Co., Ltd.) ... Front Cover

Kowloon, Hongkong ... ... WINES AND SPIRITS:—

Top Edge Dodwell & Co., Ltd Front Cover

INDEX!-TREATIES, CODES AND GENERAL

PASS PACK

Advertisers, Index to —.. v Sino-Foreign Treaties (recent) 117

Sino-Japanese Trade Agreement 149

British Subjects in China and Korea (orders in Statutory Rules and Orders (Chink and Corea), 1909.. 113

Council, 1904) 62 Tables of Consular and Marriage Fees 114

Chinese Courts in the International Settlement, Treaties:—With China

Reorganisation of, 1930 153 Belgium, Amity and Commerce, 1928 125

Customs Export Tariff of Republic of China 203

Belgium, Rendition of Tientsin, 1929 148

Customs Import Tariff of China 209 Denmark, Amity and Commerce, 1928 130

Declaration*of the Nationalist|Govt., July 7, 1928.. 117 France, Convention Concerning French Indo-

Extraterritoriality, 1929 136 china and the Chinese r rovinces Adjoining, 1.930 150

Foreign Jurisdiction Act, 1890 56 France, Tariff, 1928 H9

Hongkong, Charter of the Colony of 158 Germany, Tariff, 1928 131

Hongkong, Constitution of Councils 177 Great Britain, Kowloon Extension, 1898 3

Hongkong Import Customs Tariff A512 GreatBritain, Sup.Commercial Treaty with China 4

Hongkong Legislative Council, Rules of 178 Great Britain, Tariff, 1928

Hongkong—Royal Instructions 162 Italy, Amity and Commerce, 1928 120

Hongkong—Royal Instructions (Additional), 1922 .. 171 Netherlands, Tariff, 1928 122

Hongkong—R'oyal Instructions (Additional), 1928 .. 173 Norway, Tariff, 1928 121

Hongkong—Royal Instructions (Additional), 1929 .. 176 Portugal, Amity and Commerce, 1928 128

Hongkong Storm Signal Codes and Stations x Spain, Amity and Commerce, 1928 127

Japan Harbour Regulations 193 Sweden, Tariff, 1928 120

Kellogg Pact, 1928 132 United States of America, Tariff, 1928 118

Orders in Council, China (Amendment) 1914 103 With Japan:—

Orders in Council, China (Amendment), 1915 104 Great Britain, Commerce and Navign., 1894 19

Orders in Council, China (Amendment No. 2), 1920.. 104 Great Britain, Commerce and Navign., 1911 26

i Council, China (Amendment No. 3), 1920 .. 104 With Korea:—

i Council, China (Amendment), 1921 105 Great Britain, Trade Regulations 16

i Council (Companies), China, 1915 107

i Council (Companies), China (Amendment), With Siam:—

1919 Great Britain, 1909 46

Orders Council, H.B.M., China and Korea 62 Great Britain 1913, re Fugitive Criminals 51

Port Regulations for H.B.M. Consulates in China 190 Great Britain, Trade Regulations with 44

Postal Rates, Revision of 208 United States Consular Court Fees 199

Regulations Governing Inspection of Passports, 1930 201 United States Court for China, Jurisdiction 196

Shanghai Provisional Court (Reorganization of) .... 153 Washington Conference Resolutions, 1921-22 35

BOOKSELLERS IX

Director!) and Chronicle For

China, Japan, Malaya, Philippines, etc.

AGENTS:

Europe

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

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

America

NEW YORK Acme Code Co., 89, Broad Street

SAN FRANCISCO Acme Code Co., 311, California Street

Australia

/Charles Smith Co., Morton House, George Street, Brisbane

al&o

1 Messrs. Gordon & Gotch, 123, Pitt Street

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

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

BRISBANE Messrs. Gordon

Canada

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

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

BOMBAY “Times of India” Office

Far East

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

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

FORMOSA ... Mr. S. Elphinstone, Taipeh

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

SHANGHAI ... Messrs'. Finance & Comhierce, 320, Szechuen Road

FOOCHOW ... Messrs. Brockett & Co.

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

SWATOW Messrs. Reiss, 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 dAvila

SAIGON Compagnie de Commerce etde Navigation d’Extreme Orient

SINGAPORE AND (Advertising & Publicity Bureau, Ltd., Publicity House, 144,

RRTTTVU Bobinson

MAT AVAI| Messrg

BRITISH 1V1ALAYA Road,

Kelly Singapore

& Walsh> Ltd ; 32, Raffles Place, Singapore

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

HONG KONG:

HONGKONG DAILY PRESS, LIMITED,

MARINA HOUSE, 15-19, QUEEN’S ROAD CENTRAL.

HONG KONG STORM SIGNAL CODES

DAY SIGNALS. Me

T A depression or typhoon exists which may possih

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

X Strong wind with squalls may polsibly occur from the S.E. (E-S.)

❖ Typhoon

X Gale expected from the K.W, (W-N).

W Gale expected from the S.W. (S-W)

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

# Gale expected from the S.E. (E-S).

Wind of typhoon force e i(at

"1’’ *"* “ *•10 "co"d■ “ “•

Sp “ * ‘’”' ”

"*"11

-'H

NIGHT SIGNALS (Lamps).

El S S IS IS

y »aaj«isr1saB«f*r— ”” •

SUPPLEMENTARY WARNINGS.

When ^"

BANKS XI

Hongkong and Shangfiai Hanking Corporation,

AUTHORISED CAPITAL 850,000,000

ISSUED AND FULLY PAID-UP 820,600,000

RESERVE FUNDS:—

STERLING £6,500,000

HONGKONG CURRENCY RESERVE 810,000,000

RESERVE LIABILITY OF PROPRIETORS *20,000,000

HEAD OFFICE: MONO KONG.

BOARD OF DIRECTORS:

G. MISKIN, Esq., Chairirmti'

HON. MR. M. T. JOHNSON, Deputy Chairman

J. K. BOUSFIELD, ESQ. K. S MORKlSON, ESQ,

A. H. COMPTON, ESQ. HON. MR. J. J. PATERSON.

S. H. DO DWELL, Esq. T. E. PEARCE, ESQ.

J. 11. MASSON, ESQ. A. L. SHIELDS, ESQ.

SIR YANDELEUR M. GRAYBURN, Chief Manager.

BRANCHES:

AMOY HONGKEW PEIPING

BANGKOK ILOILO PENANG

BATAVIA IPOH RANGOON

BOMBAY JOHORE SAIGON

CALCUTTA KOBE

CANTON KOWLOON SAN FRANCISCO

CHEFOO KUALA LUMPUR SHANGHAI

COLOMBO LONDON SINGAPORE

DAIREN LYONS SOURABAYA

FOOCHOW MALACCA SUNGEIPATANi

HAIPHONG MANILA TIENTSIN

HAMBURG MUAR (Johore) TOKYO

HANKOW MUKDEN TSINGTAO

HARBIN NEW YORK YOKOHAMA

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

LONDON BANKERS: WESTMINSTER BANK, LIMITED.

HOTV OK< >7VC>.

CURRENT Accounts opened in Local 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.

Sir VANDELEUR M. GRAYBURN,

HONGKONG, JANUARY, 193SI. Chief Manager.

XII BANKS

The

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’ANYEKS WILLIS, ESQ., EDWARD FAIRBAIRN MACKAY, ESQ.

Chairman. SIR HENRY PELHAM WENTWORTH

COLIN FREDERICK CAMPBELL, ESQ. MACNAGHTEN.

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

SIR WM. FOOT MITCHELL.

MOSES MORDECA1 SIMEON GUBBAY,

ESQ., C.S.I., C.LE. ARCHIBALD ROSE, ESQ., C.I.E.

THE EARL OF INCHCAPE. JASPER BERTRAM YOUNG, ESQ.

Cbicf manager

A. H. FERGUSON

manager

W. B. WHITE

Auditors

DAVID CHARLES WILSON, F.C.A.

HENRY CROUGHTON KNIGHT STILEMAN, 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 OR 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)

CAWNPORE KARACHI RANGOON TSINGTAO

CEBU KLANG SAIGON YOKOHAMA

COLOMBO KOBE SEMARANG ZAMBOANGA (Phi-

DELHI KUALA LUMPUR SEREMBAN lippine Islands)

Correspondents in the Chief Commercial places throughout the world.

3. QUEEN'S EOAD, HONGKONG, 1938. R. W. ROBERTS, .Manager.

BANKS XIII

THE

MERCANTILE RANK

& OF INDIA, LIMITED.

Authorised Capital X3,000,000

Subscribed Capital X 1,800,000

Paid-up Capital £1,050,000

Reserve Fund and Rest r £1,249,000

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

BANKERS:

The Bank of England. Midland Bank, Ltd

BRANCHES:

BANGKOK IPOH MADRAS

BOMBAY KANDY NEW YORK

CALCUTTA KARACHI PENANG

COLOMBO KOTA BHARU PORT LOUIS (Mauritius^

DELHI KUALA LIPIS (Pahang) RANGOON

GALLE KUALA LUMPUR SHANGHAI

HONGKONG KUALA' TRENGGANU SIMLA

HOWRAH KUANTAN (Pahang) SINGAPORE

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, D. BENSON,

HONGKONG, IST JANUARY, 1938. Manager.

XIV BANKS

HONGKONG SAVINGS BANK.

-):o:(

The Business of the above Bank is conducted by the

HONGKONG AND SHANGHAI BANKING CORPORATION.

Rules may be obtained on application.

INTEREST on Deposits is allowed at 2A 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,

SIR VANDELEUR M. GRAYBURN,

HONGKONG, JANUARY, 1938 . Chief Manager.

The directory is used. ihrozLyhont

the world by those interested in

Far Eastern Trade

IT IS AN IDEAL

ADVERTISING

MEDIUM

FOR YOU

Full partieuIftTS and Rates can be obtained from our Agents, throughout

the world, or from the Publishers:

HONGKONG DAILY PRESS, LTD.,

Marina House, 15-19, Queen’s Road Central.

LONDON OFFICE: 53, Fleet Street, E.C.4.

CEMENT MANUFACTURERS xv

CIPORTIN

HAIPHONG.”

£ inc; \ is fo

A.3.C. Code A.S. Code

3 th. Sfh£ 3rd, Edjfion

Cogef

RACINE uo.

MANNERS

Philippine

^ Co., Ltd.

Lclandy:

SMITH, BELU Singapore:

Co., Ltd.

HAGE MEYER

TRAD I MG Co.,

Ltd.

Les JuccejjziiT/

de E.C. MONOD NetherSsndr

& Co.

India:

DE/COUR/

& INTERNATIONALE

CABAUD. CREDIET H.V.

USE DRAGON BRAND

FOR HIGH-CLASS, SOLID AND ENDURING CONSTRUCTION

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 formulated from the Weights and

Measures Law promulgated in 1914, establishing a double system, the standard

metric unit and that based on Yvnq Tmo t h'ih or “Builder’s Foot1” for length and

Kuping tael or Liang for weight. The law governing the new standard ,was

promulgated by the National Government on February 6, 1929 apd ibis intended

to be the legal standard of weights and measures acceptable throughout China.

For convenience sake and customary usage it also established a double system;

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

to be_abolished as soon as the people are accustomed to the use of standard units,

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

by taking one litre of Kung Sheng as one Shih Sheng which 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 Kung 'Cliih as one Sltih Ch’ih which is the

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

constituting the so-called 1-2-3-system of Chinese weights and measures based on

International metric standard. Such a system, as devised by the Ministry of

Industry, Commerce and Labour and proclaimed by the National Government to

be put into force may also have great bearing on the users of British “ Foot-Pound”

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 so as to fit themselves to the

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

and the new standards together with their approximate foreign equivalents :—

WEIGHTS—OLD STANDARD

10 Wei = 1 Hu 10 Chien — 1 Liang, or Tael 100 Chin — 1 Tan, or Picul

10 Hu =1 Ssu Z= 37.79937 Grammes i 133.33 lb.

lOSsu = 1 Hao —- 1.333 Avoirdupois Ounces

10 Hao — 1 Li 16 Liang — 1 Chin, or Catty i 60.47899 Kilogramme*'-

10 Li — 1 Fen, or -- 604.7899 Grammes

10 Fen — 1 Chien, c = 1 1/3 lb. 200 Chin =: 1 Ting

NEW STANDARD

METRIC STANDARD

1 Kung Ssu - 1 Milligramme 10 Kung Fen — 1 Kung Chien 10 Kung Chin — 1 Kung Heng

10 Kiing Ssu 1 Kung Hao — 1 Decagramme — 1 Myriagramme

— 1 Centigramme 10 Kung Chien — 1 Kung Liang 10 Kung Heng = 1 Kung Shih

10 Kung Hao r-; 1 Kung Li = 1 Quintol

— 1 Decigramme 1 Hectogramme

10 Kung Li — 1 Kung Feu 10 Kung Liang = 1 Kung Chin 10 Kung Shih — 1 Kung Tung

-p 1 Gramme — 1 Kilogramme 1 Tonne

MARKET STANDARD

f Shih S6u = 1 Shih Hao [ 10 Shih Chien = 1 Shih Liang

o Shih Hao — 1 Shih Li = 31i Grammes

0 Shih Li — 1 Shih Fen | 16 Shih Liang = 1 Shih-Chin

10 Shih Fen — 1 Shih Chien \ Kung Chin

CAPACITY-OLD STANDARD

0 Ho =1 Sheng 10 Sheng — 1 Tou

' = 1 Ch'ao = 1.0364688 Litres 6 Tou = 1 Hu

= 1 Ts’o — 1.09416 Liquid quarts 2 Hu =1 Shih

_ 0.27364 Gallons 2 Shih = 1 Yin

WEIGHTS AND MEASURES— Continued xvn

NEW STANDARD

METRIC STANDARD

1 Rung Ts’o = 1 Millilitre 10 Rung Ho =: 1 Kung Sheng 10 Kung Tou == 1 Kung Shih

10 Rung Ts’o = 1 Rung Shao = 1 Litre or 1,000 cc = 1 Hectolitre

— 1 Centilitre

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

1 Decilitre — 1 Decalitre 1 Kilolitre

MARKET STANDARD

10 Shih Ts’o = 1 Sliih Shao 10 Shih Ho — 1 Shih Sheng | 10 Shih Sheng = 1 Shih Tou

= 1 Kung Sheng

10 Shih Shao == 1 Shih Ho — 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 10 Chang— 1 Ting

= 1.41 English inches 5 Ch’ih = 1 Pu or 1 Kung 18 Ying = 1 Li

= 35.814 Millimetres 2 Pu =1 Chang i

in = 1 Ch’ih (or foot) — 11 feet & 9 ins. (Eng.) = V3 English Mile

= 14.4 English inches = 3.6814 Metres 1 = 576 Metres

NEW STANDARD

METRIC STANDARD

Millimetre 10 Kung Ts’un = 1 Kung Ch’ih 1 10. Kung Chang = 1 Kung Ying

Kung Fen = l Metre = 1 Hectometre

= 1 Centimetre 10 Kung Ying = 1 Kung Li

1 Kung Ts’un 10 Kung Ch’ih = 1 Kung Chang

Decimetre ' • = 1 Decametre I = 1 Kilometre

MARKET STANDARD

10 Shih Hao - 1 Shih Li 10 Shih Ts’un — 1 Shih Ch’ih ] 10'Shih Ch’ih = 1 Shih Chang

10 Shih Li = 1 Shih Fen = 1/3 of Kung Ch’ih 10 Shih Chang = 1 Shih Ying

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

AREA—OLD STANDARD

lr0 Sq. Fen — 1 Sq. Ts’un 10 Ssu = I Hao ; 1 Mow

100 Sq. Ts’un — 1 Sq. Ch’ih 10 Hao = 1 Li —- 1/6 English ai

25 Sq. Ch’ih — 1 Sq. Pu or = 240 Sq. Pu

= 1 Sq. Kung 10 Li = 1 Fen = 1 Ch’injf

100 Sq. Ch’ih = 1 Sq. Chang = 6 Sq. Chang = 1 Sq. Li

NEW STANDARD

METRIC STANDARD

1 Kung Li = 1 Centiare 10 Kung Fen = 1 Kung Mow

10 Kung Li = 1 Kung Fen —— 1 Are

100 Sq. Kung Ch’ih |

MARKET STANDARD

100 Shih Mow 1 Shih Ch’ing

If you are interested in

advertising your goods

in the Far East

The

Hong Kong Daily Press

(Established 1857)

OFFERS YOU;THE MOST ECONOMICAL

METHOD OF REACHING THE

BEST MARKET

Write for specimens & advertising rates

MARIN,A HOUSE. QUEEN'S ROAD C. LONDON OFFICE:

HONGKONG. ® 53, FLEET STREET, E C. 4.

ADDENDA

'I he following arrived too late for classification.

Duplicate copies -of these entries are to be found in the

pocket inside the back cover. Get your clerk to cut

them, out and paste them in -the correct places.

TOKYO China Published Monthly in Eng-

—

lish — Publication Office: Peiping

f On Page A 246 Union Medical College; Cable Ad:

Physiology

| TURKEY (EMKASSY)—47, Kamiyama-machi, O. K. Khaw, editor (Peiping)

Shibuya-ku, Tokyo; Telephs. Aoyama E. B. Struthers, editor (Tsinan,

| 4502 and 2055 Shantung)

Ambassador ^Extraordinary and

Plenipotentiary—H. E. It. Husrev

Gerede On Page A22

CONTINENTAL BANK—Branches in Im-

PEIPING portant Cities in China: Correspon-

dents : Chemical Bank and T rust

; On Page A22 Co., Bankers Trust Co., New York;

Wells Fargo Bank and Union Trust

ft ft m mm

Mei kuo yuen tung ying hong

Co., San Francisco; National Prov.

Bank. Ltd., and National City Bank

AMERICAN EXPRESS CO., INC., Banking,

of New York, London; Societe Gen-

Shipping, Travel, Railway and erale, Paris; Conrad Hinrich Don-

I Steamship Tickets—Grand Hotel des ner, Hamburg; The Mitsui Bank,

Wagons. Bits; Cable Ad: Amexco Kobe •

S. F. Howard, manager

L. Kukuranov (shipping dept.) On Page A22

Edw. Spokoiny, acct.

Miss O. Weinglass, secretary ft ^ m m

Hui feng yin hang

^ On Page A22

ft ft i& x m 4*

HONGKONG AND

CORPORATION—Legation

SHANGHAI BANKING

Street; Tele-

BANQUE FRANCO-CHINOISE * POUR LE phone 855 (East Office); Cable Ad:

COMMERCE ET L’INDUSTRIE (French Lascar

Co., Ltd.)—Legation Street; Cable J. A. Ridgway,'sub-agent

Ad : Geranchine D. F. C. Cleland

J Bardac, manager

Mme. Vassilevsky, signs per pro.

On Page A27

On Page A24

»Af '

Hung li jen shgu pap hsien kung sze

Chung hua yi hsiieh tsa chili ying MANUFACTURERS LIFE INSURANCE CO.,

wen pu THE—7-A, Erh Tiao Hutung, Tung

CHINESE MEDICAL JOURNAL, Official "Tan Pailou, Peking; Teleph. 152 E.

Organ of the Medical Profession in C. G. Danby, district manager

XX ADDENDA (PE1PING-TIENTSIN)

On Page A29 TIENTSIN

THE PEKING CHRONICLE and The Week!

in Asia (Sunday Issue of The Pe- On Page A55

king Chronicle), Newspaper in Eng- AMERICAN SCHOOL—1, Chekiang Road

lish Language—2, Mei Chia Hutung, Board of Trustees—J. K. Caldwell

East City ; Telephone 1641 E. O. (president), C. A. Smith (vice-

(Business Office) and 419 E. O. president), W. P. Coltman (trea-

(Editorial Office); Cable Ad: surer) and Mrs. C. Alderman

Chronicle (secretary)

Members—D. C. Berger, Mrs. G.

On Page A21 B. C. Eastham, Lt. WT. S. Eve-

rett, H. Hodes, Mrs. F. W. Lil-

PEKING CLUB—Hue Marco Polo, Pe- ley, Col. McAndrew, E. W. Tor-

king ; Telephones 602 Tung Chu. rey, W. C. Wallace and P. B. K.

(E.O.) Office, 1294 and 3985 Tung Young

Chu (E.O.) Club

School Staff—

President—H. E. Baron de Vos

Van Steenwijk Mrs. S. Fink, principal

Mrs. WT. S. Everett, kindergarten

Vice-President—Capt. I. V. Gillis,

Grades 1 & 2—(Vacant)

U.S.N. (Retired)

Grades 3 & 4—Mrs. S. Fink

Hon. Secretary—A. O. Hyland Grades 5 & 6—Miss Katherine

Hon. Treasurer—L. B. Stone Harr

Committee Member in Charge of Grades 7 & 8—Mrs. Billingsley

Entertainment—A. Gohring Madame Baraer, French •

Committee Member in Charge of Major Moose, medical advisor

Library—A. T. Cox

Committee Member in Charge of On Page A43

Tennis and Skating—D. : F. C. Sui Seng

Clel and BUCHHEISTER & Co., Technical Business

Committee Member in Charge of —10, Canal Road: Cable Ad: Bu-

Indoor Games—J. Pieters cheister; Codes: Bentley’s. A.B.C.

General Committee—Capt. R. B. 6th edn., Mosse & Western Union

Luckey C.

On Page A43

On Page A30

SKIOTIS, & Co., General Tobac-

BROS.

mts m PP n -t

conists, Cigar and Cigarette Impor- Shou shan yin hsua ku fen yu hsien

ters and General Merchants — 6, hung sze

Legation St.; Teleph. 3309 (East); CAPITAL LITHOGRAPHERS, LTD.—(Incor-

Cable Ad : Skiotis porated under the Companies Ordin-

N. D. Skiotis, partner ances of Hongkong) Printers, En-

S. Spiridis, manager gravers, Lithographers—Head Office:

Shanghai; Teleph. 32299; Cable Ad:

A. Cavriluk, asst.

Caplitho

J. O. Harris, manager

A. F. Senna

On Page A 30

N. A. Stchelokoff

^ Mei Foo

R. Tausch

STANDARD-VACUUMOIL CO. — 7, Erh On Page A43

Tiao Hutung, Tung Tan; Telephs.

CASA DEGLI ITALIANI — Via Roma 2

1528 and 1580 East; Cable Ad : (Italian Club)

Standvac Presidente—L. Viola

W. S. Way, manager Segretario—R. Latartara

ADDENDA (TIENTSIN) XXX

On Page A.44 R. S. Davis

OHANG & Co., H. F., General Exporter T. Attree

of North China Products—30, I Wei H. Borne L. H. Ma

Lu, 3rd Special Area, Tientsin; Te- G. G. Clarke C. L. Wang

lephone 40682; Cable Ads: Chang, Mrs. T. Attree E. C. Lee

Hfchangco & Changbain C. P. C. Chow

On Page A45 On Page A55

DONNELL & BIELFELD, Exchange B rokers

CHINA PRINTING & FINISHING CO.,

LTD. (Incorp. in Hongkong), Cotton —Ewo Bldg., Victoria Rd.; Telephs.

Spinners and Manufacturers Prin- 30758, 33754, 32815 and 31754: Cable

Ad: Donfield

ters, Dyers, Bleachers and Finishers

of Textiles—Chi Tai Building, Rue K. Bielfeld

du Marechal Foch; Teleph. 34443; F.

P.O. Box 11; Cable Ad: Celita.

Head Office: 220, Szechuen Road, On Page A55

Shanghai

Du PONT DE NEMOURS & Co., INC., E.

Directors (Shanghai) : L, Manufacturers and Importers of

Clive R. Hargreaves (chairman Indigo, Dyes and Chemicals — 52,

and director), D. J. Sinclair, Taku Road; Teleph. 30176; Cable

PH.D., B. SC. (Liv.), A. I.C., J. Ad : Dupontdyes; All Codes

Ballard, B.SC. (London), A.I.C., W. J. P. Calder, manager

and C. F. liu Mrs. R. Hawkins

S. Tweedie, secretary (Shanghai) Y. C. Chu

Tientsin Office :

R. Markham, manager On Page A55

M. S. Bao EASTERN EXTENSION, AUSTRALASIA &

CHINA TELEGRAPH CO., LTD. — 173A,

Victoria Road ; Cable Ad : Noreast

On Page A51

Kan Lin

rm On Page A55

COLLINS & Co., LTD., Merchants, Com- EASTERN RUG CO., LTD., Manufacturers

mission Agents,—75, Consular Road; & Exporters. All Qualities Chinese

Teieph, 31051; Cable Ad; Collins Carpets, Machine Yarn Carpets. A

Specialty Agents Wanted — Corres-

pondence Offi.ce : 8, Lin Ho Li, Bri-

On Page A54

tish Concession, Tientsin; Cable Ad:

DAD & Co., HUGO, Machinery, Mining Eruco

Supplies, etc.—9-11, via Ermanno

Carlocto, Italian Concession; Cable On Page A'52

Ad : Dauhugo

C. Nimz, managing partner 1- ¥ *

A. Krueger, partner Ta fen lan huo ling shih shu

K. Nimz, jr., assistant

D. A. Stahlmann, assistant FINLAND—173A, Victoria Road

E. Keim, typist Consul—Dr. E. Will

On Page A54 On Page A58

GEYLING, R., Architect and Consulting

DAVIS, R. S., Bond, Stock and Share

Broker, and Land and Estate Agent Engineer—7, Victoria Terrace; Cable

—27, Consular Road; Telephs. 323k), Ad : Geyling

■ 33716 and 33215; Cable Ad: Secur-

ity ; Codes: Petersens and Private. On Page A59

Correspondents in: London, New GREAT NORTHERN TELEGRAPH CO., LTD.

York, Shanghai, Hongkong, Singa- —173A, Victoria Road; Cable Ad:

pore, Peiping, etc. Nor east

XXII ADDENDA (TIENTSIN)

On PageA59 On Page A64

HALL & Co., LTD.. C. T., Manufac- KAPUSTIN & Co., G.—9-11, Victoria

turers’ Representatives — 49, Taku Terrace ; Teleph. 33250; Cable Ad :

Road; Teleph. 33025; CaBle Ad: Kapustin. Branches: Shanghai, Dai-

Halco; Codes: Acme, . Schofield, ren and Harbin

Bentley and Private G. Kapustin, proprietor

C. T. Hall, manager A. Kirifloff, manager

T. S. Su | A. G. Sesko ,t' V. Kapustin

Vit. Kapustin

On Page A59 E. Kapustin

Fuh Lee

M M G. Riabkin

HALL & HOLTZ, LTD., Ladies’ & Child- L. JludofE

ren’s Drapers, Gentlemen’s Outfit- I. Silin (Harbin)

ters, Furniture Manufacturers and D.

General Storekeepers—101-103, Vic A. Kapustin (Shanghai)

toria Road; Teleph. 31236; Cable

Ad: Fuhlee. Head Office: Shanghai.

Branch Office: London On Page A64

M. Fergan, manager

J. W. G. Langlev |ljl ^ ^ Mei Kno Shen

L. C. Chang

KARAGHEUSIAN AMERICAN CORPORATION

Miss A. Hoare FOR OVERSEAS, A. & M. (Tientsin

Mrs. M. Silberlust

Branch), Woollen Yarn Spinners,

Mrs. T. Greig

Manufacturers & Exporters of Car-

Mrs. L. Bazan pets, Exporters of Wool, Wool Wa-

shers & Scourers, Woollen Material,

On Page A59 Yarn & Carpet Dyers, Chemical

HAMBURG-AMERIKA — 144, Taku

LINIE Carpet Washers and Mei'cerizers.

Road; Teleph. 34271-75; Cable Ad : Agencies and Correspondents in

Hapag Important Carpet Centres—135-149,

Carlowitz & Co., agents Rue Pasteur; Telephs. 31496, 31515

(Gen. Office), 32851 (Factory No. 3)

On Page A61 & 33717 (Compradore Office); Cable

HUA MAO TRADING CO.,' Importers,

Ads: Amkarseas, Karagheus and

Exporters and Commission Agents. Karaseas. Local Factories : Factory

Chinese Carpets, A Speciality —1 8, No. 5 & 7A : Rue Pasteur 135, Fac-

Lin-Ho-Li, British Con.; Telephone tory No. 5A : Rue Pasteur 131, Fac-

32954; Cable Ad: Huamo tory No. 1 : Rue Pasteur 151 and

M. H. Liang, manager Factory Np. 3: Rue de Verdun 55

H. Shabas, general manager

On Page A62 S. Malkassian

M. Pap’asian

pj} ^ Yui Chung

A. Papasian (absent)

IMPERIAL HOTEL, LTD. — 3-5, Rue de V. Theotig

France; Telephs. 31052 and 30260; E.

Cable Ad :• Hotelimp Mrs. A. R. Ross

A. H. Mackay, manager Mrs. F. B. Pearson

G. Kovshik, accountant Miss M. Sokoloff

Mrs. J. E. Wilson

On Page A62 Miss S. de Laberbis

35 •£ 01 A. R. A. Boycott

JACOBSON & KUPITSKY, INC., Exporters K. Mesropian

of Furs & Skins—47, Canton Road, S. Calligan

Tientsin ; Teleph. 30979; Cable Ad : W. Kohler

Jacobfurs (New York), Kupitsky V. Koovaldin

(Harbin, Shanghai, Mukden and A. Notzkowski

Tientsin). Head Office: New York R. C. Kennedy

ADDENDA (TIENTSIN) XXIII

E. Shadrin On Page A 65

E. Markarian LEVY, M. (Succr. deSennet Freres), Jeweller,

E. Moroukian Watchmaker and Engraver — 175,

H. C. Yuen, compmdore Victoria Road; Teleph. 32603; Cable Ad-

■!. Wang Tao Lin, do. Sennet. Peiping Office: Morrison Street

Shie Dji, do. M. Levy

Thomson & Co., C. A., auditors & G. Braun

Ed. Lehmann

accountants

On Page A 66

On Page A64

LODGE CALEDONIA, 1300, S. C. Masonic

ii- Temple—Race Course Road

A a n po shih A. Mac Arthur, R. W. M.

KENT & MOUNSEY—2 & 4, Victoria, C. Glauser, W.T.W.

Terrace; Teleph. 31283; Cable Ad: F. T. H. Johnson, P.M., secty.

Maenad Ewd. Palmer, treasurer

P. H. B. Kent, M.C., barrister-at-

law On Page A 68

L. H. Kent, barrister-at-law

J/u teh le

G. K. Wallington, secretary & acct.

MOUTRIE & Co., LTD., Piano Manufac-

turers. etc. — 107-109, Victoria Road;

On Page A65 Teleph. 31376

J. Powell Davies, manager

® ft M m m J. D. Gordon | N. Mihailoff

THE KODAK SHOP”, PHOTOGRAPHIC

STUDIO 111, Victoria Road; Teleph On Page A70

30103

R. Gartner, proprietor & photo-

K ® » a *

Pei-chiang-po-wu-ynan

grapher

MUSEE - LABORATOIRE D’HISTOIRE NA-

Mrs. M. Sourjenko, sales-lady

TURELLE, Musee Hoangho Paiho —

Miss J. Vladimiuoff, artist Race Course Road ; Teleph. 32792

C. L. Yang, accountant E. Licent, S.J., Dr. es sc., Lie es

F. M. Liu, sales departmentLettres, director

C. S. Chang, works department

On Page A70

On Page A65 d # ^

KOKUSAI UNYU KAISHA, Shipping, MUSTARD & Co., General Importers and

Chartering, Warehousing, * Cargo Commission Agents—66, Rue de France;

Financing, Insurance (Fire & Mar- Teleph-. 31783

ine), Stevedoring, Customs Broker, N. Hokloff, acting manager

Truck Business—28, Rue du Baron G. Nigniewitzky

Cros, F rench Concession

On Page A70

On Page A 65 NICHOLS CHINESE RUGS, INC., Carpet

KWANG FAT \ UEN, Leather Lumber anc Manufacturers — 37, Soochow Road,

Wood Merchants—62, Rue de Takou First Special Area ; Cable Ad : Nichols

Teleph. 31076; Cable Ad: Kwanfayuen W. A. B. Nichols, president & general

Codes: Acme, Bentley’s, Universal trad< manager

Code. Head Office: Shanghai. Branches

Hongkong Canton, Ningpo, Chefoo On Page A72

Peiping and Tientsin

T. Yang, manager OSAWA & Co., D., General Importers and

S. C. Yang, asst, manager Exporter—11, Asahi Road, Japanese

T. T. Liang, English secretary Concession ; Teleph. 526 ; Cable Ad :

Osawa

XXIV ADDENDA (TIENTSIN)

On Page A73 T.

n # $ m R. Tung (TaiyuanfO)

K. Beister, representative of

I-hua-i/muf-hang Henschel & Son

PEZZINI & Co., P. Iruporters of General Miss A. Gosewisch

Provisions, Wines an'd General Mer- J. Schultze-Pantin (Nanking) i

chandise. Exporters of Chinese Products. L. Weidinger (Peking)

Fire and Marine Insurance Agents—

13-14, Italian Bund, Italian Concession ; Gn Page A75

Teleph. 40514 ; Cable Ad : Italo

P. Pezzini, manager and proprietor ft # n ^ m %

Miss M. Pezzini, signs per pro. SIBER HEGNER & Co. (TIENTSIN), LTD.,. 1

A. Cristianini Importers and Exporters—106-108, Takn

H. Y. Li, clerk Road; Teleph. 32715; Cable Ad:

F. W. Sun, do. I C. C. Li, storekeeper Meychina Siber

Y. C. Hou, do. j W. C. Han, broker Carl Sleeker, manager

On Page A56 H. T. Lee, compradore

SAINT LOUIS’ COLLEGE (Marist Brothers)

On Page A77

(For Boarders and Day Scholars)—195,

Rue St. Louis- Teleph. 33046; Cable Ad: TEH CHANG TRADING Co.—558. Bristow

Louis College Road; Teleph. 33655 ; Cable Ad. Techa

Rev. Bro. Faust, director Harry Sung, managing director

Rev. Bro. Joseph, sub-dir.

Rev. Bros. George, Prudent, Nestor, On Page A79

Louis Kostka, Claudio, Stephen, TIENTSIN BRITISH MUNICIPAL LIBRARY !

Paul, Vincent, Andrew, Christopher, —Victoria Garden

Conrad, Aloysius Chairman—Rev. J. Walker

Committee—Mrs. H. Doytt, Mrs. A.

On Page A74 Burgess, Major Baker, H. F. Barnes..

J. G. Campbell

A] H ffi Hsin jeng hung sze Secretary and Treasurer — Mrs. R. {

SHANTUNG SILK AND LACE CO., LTD., Ex- E. Fabris

porters and Commission Merchants.

Speciality: Straw braids, Carpets, Rugs, On Page A78

Jades and Cloisonne-wares—Taku Road,

French Concession; Teleph. 31714; Cable ff ^ §§j I-hua-yang-hang

Ad: Hsinfeng TIENTSIN FORWARDING AND COMMISSION |

H. T. Lee, manager AGENCY, Freight and Customs Brokers, ij

Hugh Tam, sub-manager Shipchandlers, General Insurance, Coal-

T. T. Chang, acting do Merchants, Storage, Truck Service-

Export Packers for Overseas—13-14,

Italian Bund, Italian Concession; Teleph.

On Page A 74 40117; Cable Ad: Italo

it* Hsin Min P. Pezzini, proprietor and manager

Miss M. Pezzini, signs per pro.

SHINGMING TRADING Co. (CHINA), LTD.,

1. K. Han, shipping clerk

THE, General Importers and Exporters.

S. T. Yang, . do.

Railway and Mining Supplies—Corner C.

of Taku and Bruce Roads; Teleph. 30728;

Cable Ad: Shingminco; Codes: Bentley’s,

On Page A80

Lieber’s, A.B.C. 5th Imp., A.B.C. 6th

(5-letter), Western Union 5-letter edn.,

Acme and Private

O. A. Sixt, director Hua Lung

W. Gosewisch, signs per pro. TIPPER & Co., Life, Marine and Fire

P. Breuer, Import Dept. Insurance Agents—187, Victoria Road

E. Schramm, Eng. Dept. (Opposite Gordon Hall); Telephs. 31310*

R. Schadendorf, Eng. Dept. (Tai- and 30212; Cable Ads: Sunbeam and

yuanfu) British. Peiping Office: Ewo Bldg.,.

T. Dohm, Eng. Dept. Legation Street. Tsinanfu Office : c/o-

S. Schade, Eng. Dept. Y. C. Ma & Co.

ADDENDA (TIENTSIN—SHA N GHAI) XXV

S. L. Briault Telephs. 30764 (Branch Manager and

V. G. E. Barton, signs per pro. Cigarette Factory), 32279 (Branch

Mrs. H. G. McKenzie Manager’s Private Residence), 32275

E. P. Carrington (Accounting Department) and 31426

S'. P. Kwoh, Cashier & life Dept. (Assistants’ Residences, Y. T. T.

P. Y. Tze, Life & Accident Dept. Terrace) ; Cable Ad : Cigarette

C. W. Yu, Eire Dept.

1'ientxin Branch

J- C. Pai, Marine Dept.

B. L. Wang, Accounts Dept. J. C. Stewart, branch manager

P. E. Dixon, accountant

On Page A81 Mrs. A. Wardle, stenographer

YOLK ART BROS.’ AGENCY, Importers & Cigarette Factory

Exporters of Raw Cotton-52, Taku M. M. Whitaker, factory manager

| Road; Telephs. 32564 & 32615; Cable J. E. Hilburn, asst. supi.

Ad : Volkart C. N. Burnett

W. Hegar, manager G. J. Colling I G. M. Hollywood

H. A. Deeks | P. J. Rombaut

H. A. Dodd A. B. Sitsky

! On Page A81

WALLACE CARPETS, LTD. (Incorporated On Page A83

)

under the Hong Kong Ordinances),

Manufacturers of Super Chinese Rugs— n&mxmitm *

Registered Office: 468, Bristow Road; YUNGLI CHEMICAL INDUSTRIES, LTD.,

I Teleph. 33007; Cable Ad: Ecallaw; All Manufacturers of Refined Soda Ash,

I Codes Available Caustic Soda and Sodium Bicarbonate

— 1, Rue Fontanier; Telephs. 30129

I On Page A81 31532 ; Cable Ad : Paco; Codes Used:

Acme, Bentley’s and Private

: WATTS & FRISK, Exchange Brokers—76,

1 Victoria Road; Cable Ad : Eahsing

Arthur Watts SHANGHAI

E. A. Frisk

S. C. Kao

On Page A 166

| On Page A82

^ £7 Vft * $ &

Fing shang a si a huo yu kung sze

Hsin-tai-hsing Asiatic Petroleum CO. (North

WILSON & Co., LTD. (Est. 1876^, Exporters China), Ltd., The, Importers of

| of Sheep’s and Camels’ Wools, Bristles Kerosene, Gasoline, Paraffin Wax,

t and Sundry China Produce. Wool Candles and Petroleum Products

I Scourers and Commission Agents — 55, Generally—1, The Bund; Teleph. 18619;

E wo Road; Teleph. 31143; Cable Ad: Cable Ad: Doric

Wilson A. E. Jones, general manager

R. G. Buchan, director (London) T. S. Powell

H. F. Dyott, managing director J. Rasmussen

E. C. Leighton, secretary J. N. Bates

A. Delwig

A. C. Tilley Staff and Properties Dept.

Miss T. Yerestchagine S. C. Miskin

E. Grossman A. J. H. Carey | M. C. Yen

Secretarial Dept.

On Page A83 Miss Pugh

General (Gasoline) Dept

Yee tsoong yen tmo ku fen yu hsien J.K.P. Hadland | Miss Pollock

kun sze

. Aviation Section

YEE TSOONG TOBACCO Co., LTD. (Incor- E. A. R. Fowles

porated under the Companies Or- General (Candles, Wax, Stearine

dinances of Hongkong), Cigarette and Technical Products) Dept.

Manufacturers—Head Office : S’hai; A. J. Daniels | R. F. Scott

XXVI ADDENDA (SHANGHAI)

General (Lubricants & Fuel Oil) Dept. Yangtszepoo Sub-Installation

H. I. Clark W. H. Taylor

J. H. Ford I S. P. Simpson E. A. H. Piper

A. G. Lang | C. V. G. Turner

Gough Island Installation

Local Sales Dept. ■ T. C. Kelly, manager

J. V. Stuart G. Butchart

W. A. L. Palmer I J. B. E. Chow

Marine Dept.

E. W. Turnbull j Miss Allan

M. W. Alexander | Miss Weeks W. A. Elliott, Lt-Comdr., K.N. (ret’d.)

W. McP. Marshall | R. A. Saunders

Cables Department

“Shipping Dept.

Miss Palmer A. J. Grant

Miss McConnell | Miss Rayden L. G. Murry Kidd | A. M. Jenssen 1

Correspondence Dept. F. S. Bridges | H. W. Snow

Mrs. Hooley | Miss Thomson W. J. Hatton | C. L. William ;

Typists Dept. Floating Staff

Miss Malone F. le Boutillier, captain

Miss Blake I Miss Sheridan W. G. Briggs, do.

Miss Cormack | Mrs. Lelas A. C. Browne, do.

Miss Gulston Miss Ritchie T. G. Bennett, do.

Advertising Dept. G. Dick, chief engineer

M. R. Gordon A. W. S. Aitken, iind engr.

A. D. McR. Fraser, chief engineer

Accounts Dept. E. Jacob, chief officer

R. A. Tayor, chief accountant T. A. Lupton, captain

H. F. Van Eck G. Smith, chief officer

T. A. Spedding W. A. Pearson W. Sudbury, captain „ l

W. S. Bowman F. C. Poole A. D. Thomson, D.S.O., comdr. R.N.R.,

A. F. Carl sen A. L. Piper capt.

T. W. K. Chun G. M. Stock F. Tonry, chief engineer

B. com. (B’ham.

H. E. C. John Walker

Turner, captain

University) Miss Ham- C. J. Walton, 2nd officer

L. J. Coucher merton Shanghai Joint Area

H. F. B. Gardener Miss Persons A. H. Hopkyn Rees, manager

Compradore A. £. F. Kemp | B. Henihgway

Dow Ding Yao

Statistical Dept. On Page A174

C. L. Martin

J. P. E. Klaverwijden *T 3B M £ Chiao tunq yin hong '

Miss Ellis j Miss Ward BankofCommunications—889,Ave. '■

Miss Kale | Miss Clifton Joffre; Teleph. 77583; Cable Ads: Chiao-

Engineering Dept. tung or Commubank

J. T. Read, CHART.C.E., engr.-in-chf. Shanghai Branch :

J. R. G. Barter Manag*-—H. N. Chwang

D. Wheldon I J. S. Drakeford

Sub-Managers—S. L. Chow, K. Z.

N. J. Man | C. Thompson Tsor, C. F. Hsieh and H. T. Chang

Stores Dept. Asst. Managers—M. T, Chen, S. C.

A. W. Stubbs Yang, K. S. Voo, T. L. Tsao, K. C.

J.F. Duncan | C. A. J. Wilkie Li, H. C. Pan and L. C. Tan

Furniture Dept.

A. C. Hall On Page A184

Lower Wharf BROOK & Co., General & Insurance Agents

P. F. Mason, manager —150, Kiukiang Road; Teleph. 11874;

E G Davis I R. Findlay P.O. Box 1606; Cable Ad: Rivulet;

W. H. Foster | C. J. Williams Codes : A.B.C. 5th and 6th edns., Acme,

Bentley’s and Private

Workshop Manager E. Brook

J. D. Adams S. C. Shen, Insurance compradore

Upper Wharf Installation Agents for :

A. W. Sawyer, manager Banker & Traders Insurance Co., Fire

D. 0. Watling State Assurance Co., Ld., Marine

ADDENDA (SHANGHAI) XXVII

On Page A 187 General Agents:

•Caravan Studio, Inc., InterClass

lor Decorators States

OceanicSteamship

& OrientalCo.,Navigation

Portland, Ore.

Co.,

& Manufacturers of High Furniture San Francisco, Cal.

—260, Kiangse

Cable Ad: LotustudioRoad; Teleph. 10845; Roosevelt Steamship Co., Inc., New

Mrs. H. L. Gilman, proprietress York (American Pioneer

Sir William Reardon Smith & Sons, Line)

H. Moroukian, manager Cardiff, Wales

C. N. King

Agents for Carpets-. ,On Page A209

A. Corporation

& M. Karagheusian

For Overseas,American *) it m n m & is ±

Tientsin, Shang

China Hai Fa Shang Tien Che Tien Tung

Rung Sze

On Page A191 COMPAGNIE PRANQAISE DE TRAMWAYS ET

d’Eclairage Electriques de Shang-

■ in ^ m m m hai—249, Avenue Dubail; Teleph. 80180

Chien Hsin Engineering Co., (4 R.lines) Courthial,

G.m.b.h. (Ltd.), Importers and Con- J. Favret, tech,manager

sub-manager

tractors for all Kinds of Machinery— G.L. Perrier,

Ladroitbe,. adm.engineer

dept. (waterworks

138, Kiangsu Road; Teleph. 13590; and construction depts.) dept.)

Cable Ad : Engincomer

F. Hille

A. J. Zernin H. J. Karger J.M. Mariotti,

Lapeyre, engr. (electricity

engineer (tramways and

M. Sachau

H. G. Hey sen

L. Moebs

Mrs. E. Goldau R.workshops)

Leydon, asst. engr. (electricity

W. Sommer H. Boellhoff dept.)

R. Taehnig H. Bolloni General Book Office

Agents for: J. R.Lorenzi,

Tillardchief accountant

Humboldt-Deutzmotoren A. G. Koln F. Baudoin | N. Kisseleff

Weise Soehne, Halle A. S. Purchasing Dept.

Union-Matex (Union of German M. Raimond | A. Allemao

Textile

Berlin Machine Manufacturers), Correspondence Dept.

C. G. Lubeck

J.R.dos

J. d’Almeida

Schoeller-Bleckmann

Vienna Steel Works, Remedies |I M. Maher

A. Rosario

Voigt Turbines, Heidenheim Consumers’ and Bills Dept.

Humboldt-Deiitzmotoren A. G. E. J.Salembier

Werk Magirus, Ulm Donau J. C.Dolivet

Canavarro |1 J.Y.Uschenkoff

Perpetuo

V. Voropai j G. Muller

On Page A1G8 StoresF. Lerosey

'China Association— 27, The Bund; Teleph. R. Bazil j G. Kalouge-

12694; Cable Ad : Britiscom

Committee — P. W. Massey (chair- V.G. JWanoff

Stchetinin || Z.Zaignacheff nine

man), H. G. W. Woodhead (vice- Traffic Office

D. Vialy, traffic superintendant

chairman),

Master J. R. Jones, R. F. C. A.E. Gontier

Marchina I| F.D. J.Zahowsky

Lopes

P. Ninet | A. Popoff

‘On Page A196 TramwayL. AubertTrack and Lines

\ C. Compton

•China

—133,Foreign Steamship

Yuen Ming Corporation

Yuen Road; Teleph. Electric Power Station

13555; Cable Ad : Chinasteam E.Alb.Hodayer, superintendent

Fischer J.A. Schmid

William P. Hunt

V. L. Xavier A.P. Amettler

Monceu D. Evseyeff

Ifliand

H. F. Yao | W. Wong A. Sidoroff I. Pawlowsky

XXVIII ADDENDA (SHANGHAI)

Electric Lines On Page A216

J. Manaresi Day Vie

V. Marinacci David & Co., S. J., Merchants, Land and*

Electric Installations Estate Agents — David House, 320,.

P. P.Bellande,

Vial superintendant Kiangse Road; Telephs. 10324 (General

J. Canavarro, Jr. Office)Cable

388; andAd:12757 (Manager); P.O. Box

Psalmist

Electric Meters & Laboratory Evelyn David (Shanghai), partner

M.A.Geny, supt.

X. Jallard

Ng Yelim E.Archibald

A. Sykes,David (Hongkong), do.

manager

F. Colella D. Jephson I A. E. Dale

P. W. Mansfield | Miss D. Walton

Water Production Fook Wei, head shroff

F. E.Menager,

Gruget superintendant Agents for:

A.H. K.Muller

Delant Eastern

Ltd. United Assurance Corprn.,

Water Distribution On Page A217

R.M.Vogt, superintendant

Labart ^ Hi De-fu

J. Dessart DeutscheFarben-Handelsgesellschaft,

A. Thibou Waibel & Co.—261, Szechuen

Chemical and Analytical Laboratory P.O. Box 1115;

Ad:W.Waidefag Teleph. 16388; Road;

Cabl&

M. Ducret Weber

Workshops & Tramway Repair Dept. C.J. Hildebrandt

G.Duquesnel

Gadow

M. ,

N. Rengarten I J. Sitnikoff K. Kuehn

A. Petit I Pelevin Th. Litterst

Bus andH. Motor

Danieckcar Repair Dept. O. P. Brennscheidt

A. Gomas | C. Bazanoff J. Christoph F.R. Tiefenbacher

Ulbrich

Buildings

G.C. Kluge

Prario W. Denkhaus

H. Doerner E.P. Zilling

Wagner

C.K. Feldmann Miss 1. Berg

W. Flamme

Fuld Miss G. Bowitz

Miss

On Page A213

if£ ft if H

O. Hauer

J. F. Hein- Miss L.H. Buchloh

Bowitz

Continental Sales Co. — 863, Avenue richsohn MissMrs.

Ch. Denkhaus-

L. Doering

Foch; Teleph. 74489; P.O. Box 714 W. Holste Mrs. R. Dold

A.W. Kroeger

Lembke Mrs. H. Fischer

Agents : R. Lenz Mrs. M. Haeusing-

Victoria Motorcycles C.L. Lucas

Leonhard Miss Ch. Hanke Coellen.

Adler Cars

Hansa Lloyd Diesel Trucks K. Me.sk e Mrs. G. Hering

Distributors : K. Modra Miss G.H. Leithold

Stewart Trucks

Hupmobile Cars M. Mueller Miss

K. Roll

Luehtje

Miss V. Luttermann

O. Rommel- Miss R. Priedemann

On Page A215 fanger Mrs. E.I. Rabbinowitz;

Cumming, K. M., Stock, Share and General H. C. Ruser Mrs. Mrs. L.M.Ritter

Schult

F. Schilk

Broker—16, Central Road; Telephs.

15284-6 H. Spanier Miss M. Segel

Mrs.

Sprenger

K. M. Cumming W. Sperber Mrs. E. Tichauer

L. D. Chow | S. C. Cheng . Technical Dept.

Secretary & Treasurer of the Hungjao Dr.Dr.C.K.Mueller

Golf Club Miss K.R. Limann

Special Agent of Ocean, Accident &

Guarantee Corpn., Ltd., London F. Borchardt K. Nordmeyer

Pinks

Dr. K. Schoenfelder

O. Franz

ADDENDA (SHANGHAI) XXIX

P.II. Fritz I F. Brasch

Frosch [ Mrs. 0. Hoelnnann On Page A221

W. Hilbricht j Miss E. Seidel Hi Tow Luvg

Chemical Dept. East Asiatic Co., Ltd,, The, General

R. Bahlmann Merchants

Road ; Teleph. 15055; P. O. BoxCanton

& Ship Owners—17, 1493 ;

L.W.Schneider

Oehm Cable Ad:London Orient.Office:

Head158,

Office: Copen-

O.MissKleemann hagen; Fenchurch

K. Luttermann St.,E C. 3.; Own Weihaiwei,

kow, Tsingtao, Offices: Shanghai, Hail-

Hongkong,

Miss E. Radomski Dairen, Harbin, Bangkok, Singapore,.

Mrs. E.

Miss E. WillScheel Penang, Kuala Lumpur, Rangoon,

Accounting Dept. Madras,

Cape Town, Calcutta, Bombay,SanDurban,

Johanessburg, Fran-

R. Hager cisco, Seattle

O. Froessl

A.MissGlatzel A. Brondal, manager

A. Thiemann G. Halberg

Miss A. Karlach M. Jacobsen S. Heiberg

Miss E. Wyss C. A.H. Wagner

H. F. C. Marques

i Representing: A. JuhlOttsen Mrs. L. O.d’Aquino M.

I.' sellschaft,

G. Farbenindustrie Aktienge- O.H.Guldberg Miss E. Carneiro

Frankfurt, a/Main, Ger-

many: Dyes and Chemicals, for TeaM.Department: Jacobsen

467, Kiangse Road

the Textile, Paint, Leather, Rubber H. H. Ottsen

and Celluloid Industry A. Laredo

I. G. Farbenindustrie Aktienge- Agents:

sellschaft,

Chemikalien,Verkaufsgemeindschaft

Frankfurt a/Main:

Industrial Chemicals such as Steamship

CopenhagenCompany Orient, Lt

Solvents, Resins, Egments

other Raw Materials and

for the Manu-

facture of Nitrolacquers, Oilpaints, On Page A222

Enamels,

for Varnishes,

the Match, etc. Chemicals

Leather, Rubber, Economic Transport & Lighter Co.,

Battery

Light-Metals and (Elektron

Celluloid Metal

Industry.

and , Ltd., CustomsandBrokers, Transporting

Hydronalium), Neon-Gases, Auto- Contractors Forwarding Agents—

gene Welding Box 1606; Telephs. 11874 floor;

150, Kiukiang Road, 3rd P. O.

(Managers),

Stickstoff-Syndikat, G.m.b.H. Berlin: 14474 (General); Cable Ad : Rivulet

Nitrogene

Purposes Products for Technical E. Brook, director & gen. mgr.

I. G. Farbenindustrie Aktienge- Y. L. Shen, dir. & Chinese mgr.

sellschaft, Berlin: Artificial Silk King Shun-shih, director

K. H. Loh (trucking dept.)

Kalle & Co., Aktiengesellschaft, T. S. Chen (customs & shipping:

Wiesbaden-Biebrich:

Ozalid Cellophane, dept.)

Lurgi Gesellschaft fuer Waermete-

chnik m.b.!!., Frankfurt a/Main: On Page A225

Activated

Filters Carbons, Hydraffin Water Elizalde & Co., Inc., Manila Rope Manu-

Celluloid-Verkaufs-Gesellschaft

H. Berlin: Celluloid in Sheets, m.b. facturers, Philippines Lumber, Paints-

and Floor Wax, Sugar Importers &

Rods and Tubes Ship Owners—Suite 405, 45, Kiukiang

Deutsche Gasoline A. G. Berlin: Road; Telephs. 17636 (Gen. Office) & 17775-

Montan-Waxes (Mgr.); Cable Ad: Elizalde

Karbolsaeure - Verkaufs

Berlin: Phenol, Cresol - Gesellschaft, L. R. Schinazi, manager

Venditor - KunststofF- Verkaufsgesell - Agents for:

schaft m.b.H., Troisdorf Bez, Coeln: “La Insular” Cigar & Cigarette

Pollopas-Trolitan-Moulding Powder Factory, Inc.

XXX ADDENDA (SHANGHAI)

On Page A231 Tientsin Branch

wj ^ ^ ^ m m m @ ^ W. Eadie, branch manager

G. E. Kovner | D. Horvath

Ying kwok tung yung din che kung sze Tsingtao

■General Electric Company (of China), A. B. Hogg

Limited,

Contractors, The,Manufacturers

Electrical Engineers and

of Electrical Agencies:

Supplies, Steam Turbines, Mining and Affiliated with :

Electrical Plants; Leather Belting, etc. The General Electric Co., Ltd.,'

—Office: 23 to 27, Ningpo Hoad; Teleph. England and all subsidiary

16825 (6 lines), Works: 285, Hochien G. E. C. Works in London, j

Road; Branches

Teleph. 52332; Cable Ad: Genlec- Birmingham,

Coventry Manchester and *

tric. at Hongkong, Dairen

and

kow, Tientsin.

Tsingtao, Agents

Chefoo, atetc.Canton, Han- TheLtd.,Express

London& S. M. S. Lift Co., J

N.A.G.B.Beale, managing

Raworth director Pir elli General Cable Works, Ltd., j

Southampton& Hookham, Ltd., 1

Chamberlain

Electrical Engineering

Construction Dept. Power Plant and Birmingham

G. A. Clayton Letters and

Fraser Ltd , Chalmers

Yeovil, England

Engineer- ;;

M. Kocherginsky Works, Erith, Kent

B. R. Bryant Barrow Hepburn & Gale, London r

J. Mordecai Ransomes and Rapier, Ltd,, Ips- i

Y. C. Tai wich, England

E. tative,

R. MacDermot (Special Represen- Cochran & Co. (Annan), Ltd., ,

Ransomes Rapier, Ltd.) Annan, Scotland

Electrical Contract and Installation British Ropes, Ltd., England

Dept. Flexible

Chicago Steel Lacings, Ltd., j

W. G. Calder Siemens & G. E. Rly. Signal Co., ;

Y. S. Chu Ltd., England

'Chinese Engineering and Sales Dept.

v. a. Din On Page A233 Zm Kee

Y. M. Ling IE 9

Electrical Supplies and Sales Dept. Gibb, Livingston & Co., Ltd.—100,

J. A.Madeira

G. Pereira Jinkee Road; Telephs. 16940, 16947. :

Y. T. Zee & 19221; Cable Ad : Gibb

M. T. Johnson, mng. dir.(H’kong)

.Accounts and Shipping Dept. L. J. Davies, do. . (S’hai)

T. T.W.H.Chandler

Gwynne I| L.H. S.S. Chang H. M. Snow, signs per pro. 1

T. H. Gabb Oweng R. A. Joscelyne, do.

■ S. C. Quin I F. W. Brandt B. H. M. Broomhall

Correspondence Dept. J. G. Haigh,

Miss M. Roza J. R. Hooley

Miss R.J. Ahwee C. E. Lintilhac

Mrs. Gutierrez J. L. Kay.

Miss E. Costa Miss A. J. Komaroff

Miss Miss E. Burgoyne

Miss G.L. Ruth

M. Emmamooden L. A. M. Ozorio

T. B. Ozorio 7

Miss M. Silva J. R. Siqueira

G. E. C. Works E. M. Ozorio

L. A.C. C.Smith, gen. mgr.

C. Moore T. B. Zee, compradore

Hongkong Agencies:

H. C. Margarett, branch manager Shipping '

J. Hart-Davis Ben Line Steamers, Ltd.

E. C. Norris Burns, Philp Line

ADDENDA (SHANGHAI) XXXI

Fire Insurance A. S. Henchman, manager

China Fire Insurance Co., Ltd. A. C. Leith, sub-manager

Marine Insurance E. W. Stagg, do.

Lloyd’s, London T. J. J. Fenwick, act. acct.

A. H. Matthews, sub-acct.

Motor Car Insurance E.J. C.C. Sutherland

Richards .

Motor Union Insurance Co., Ltd. R. B.G. Gotch

Baggage Insurance W. Turnbull

“A.l” Baggage Insurance Assoc. A. F. Judd '

Salvage Association A. B. Kelly

Salvage Association, London S. H.Beveridge

W. Ash

A.J. T.Chalmers

I On Page A233

m m Ya Le W.Dupuy

J.D. Kindness

Mortlock

Glathe & Witt

, Ini potters, (Established

Exporters 1856),

& Engineers. G.C. J.S. D.Dunkley

J. C. Walters Law

I| Paper,

Import:etc.Army Supplies,

Expert: Musk,Wire, Rice,

Pongees, A.G. R.

E. J.Riddell-Carre

Partridge

| Rhubarb, Skins, etc.—410, Szechuen F.J. A.R. McGregor

Burch

I Road, 4th floor. Rooms 305-9; Tele- ,

1, phones 15638. (Private Exchange tc M.

1. all Departments); P.O. Box 968; L. W. R. McLaren

i Cable Ad: Safeguard; Codes: All

I Standard Codes and Private Codes

A. Glathe, proprietor & manager G.W. H. B. Rigg

VV. O.H. W.Lydall

Stewart

T. Klobertanz, signs per pro. N. J. Stabb

H. Glathe, do. W. R. McCutcheon

C. G. Dai A. M. Kennedy

N. Heyking, secretary Hongkew Sub-Agency:

|: Agencies: 0. H.H. B.Eldridge,

Werkzeugmaschinenfabrik Clark sub-agent

Oerlikon, Switzerland Oerlikon, Special Representatives :

Brevetti-Scotti A. G., Oerlikon, W.MissC. Cassels

Switzerland K. Fenton, secretary

Schweizerische Industriegessell- Resident Rngineers :

schaft Neuhausen, Switzerland E. E.W.J.A.Grainger

Clements

Rheinisch - Westfaelische Spreng-

stoff-industrie A. G., Nuernberg,

Germany On Page A244

Gebr. Crede >& Co., Niederzwehren

b/Kassel, Germany ig & m H ft MS $£

F. Cochu A. G., Berlin, Germany Ting Shang Pu Nei Men Yang Ghien

“Unitex” technische G.m.b.H., Yu Hsien Rung Sze

Berlin, Germany

Sartoriuswerke A.G., Goettingen, Imperial Chemical Industries (China),

Germany Ltd. (Incorporated under the Or-

Spindler & Hoyer G.m.b.H., Goet- dinances of Hongkong), Formerly

tingen, Germany Brunner, Mond & Co. (China),

Ltd., Importers of Alkalis, Dye-

On Page A 176 stuffs, Indigo, Fertilisers, Commer-

cial and Industrial Chemicals, Me-

M :H |§ Way foong ning hong tals & Sundry Products—Brunner-

Hongkong and Shanghai Bank-in Mond Building, 133, Szeehuen Road;

ing Corporation (Incorporated Telephs. 15070, 15170-79 & 11622-3 (13

the Colony of Hongkong)

Bund and 65, Broadway — 12, The lines); P.O. Box 252; Cable Ad:

Alkali

XXXII ADDENDA (SHANGHAI)

Board of Directors—Lord McGo- Cash Department

wan, k.b.e., d.o.l., ll.d. (chair- J. G. Forbes

man), V. St. J. Killery, G. A- G. W. Blown

Haley, R. D. Gillespie, G. F. R. Miss N. Y. Kelly

Jackson, B. R. Goodfellow and Accounts Department

Russell Spn

Secretary—C. B. Cook .W. A. Hogarth, c.a.

Secretarial Department E. S. Giles

Miss M. Beckham A-

J. Youngson

B. Main

Miss S. B. Peach A. M. Hansen

Miss C. M. Wilson G. N. Manley

■Correspondence & Cables A. Reid

W. Katz Miss G. J. Donnelly

Miss J. Remedies Miss Y. Dodd

Miss E. W. Thompson Property and Publicity Dept.

General Sales H. C. Eustace

H. J. Collar, b.a., Shanghai sales Shipping H. C. F. Aris

manager Department

R. J. W. Bisshop

L.R. Warren

J. Sheppard C. C. Young

D. J. C. Stewart F. M. F. Gutierrez

S. B. Duncan Miss M. Taylor .

K. N. Mashinsky Shanghai Division

A, N. Smirnoff S. M. Gillespie

V. I. Kooritzin K. Y. R. Wang

H. C. Collaco Godowns

E. A. Cooke L. J. G. Perry, supt.

A. L. Madeira Manufacturer’s Representatives

Miss L. Dalder

Miss M. A. Figueiredo R. L. Aiton, representative, Ste-

Miss S. Falkine

Mrs. K. M. Getz M.warts and Lloyds,

Lymbery, Ltd. Rec-

representative,

Mrs. H. Seaglove kitt & Sons, Ltd., J. & J. Col-

Development Department man (Overseas), Ltd., Chiswick

B. R. Goodfel.low Polish Co. (Overseas), Ltd. and

S. A. des Usines Destree (Ultra-

G. E. Matthews, b.sc. marine)

N. Sykes K. Duxbury, b.sc., representative,

B. Munro-Smith A. I. C.

M. Yatskin R. W. L. Inkster, representative,

Fertiliser Department Natal Tanning Extract Co.,

D. W. Gourlay Ltd.

S. A. Collaco W. A. Sachert, representative.

Miss I. Ginter Corn Products Refining Co.

Dyes Department E. Powell, representative, Bald-

W. B. Hughes wins Ltd., The Briton Ferry

C. Laycock Steel & Tinplate, Agency, Ltd.

R. Parsons and The Metal Box Co., Ltd.

T. D. Adams Agents and Distributors for Consti-

I. H. Kendall tuent and. Subsidiary Companies

O. Suchanek of Imperial Chemical Industries

F. X. Diniz Ltd., London, Including:

Mrs. G. A. Clark British Dyestuffs Corporation,

Ltd.

Mrs. M. Ribbons Casebourne & Co. (1926), Ltd.

Miss A. Starling Castner-Kellner Alkali Co., Ltd.

ADDENDA (SHANGHAI) XXXIII

Chance & Hunt, Ltd. On Page A256

LC.I. (Alkali), Ltd. (Formerly dt Rung Sze

Brunner, Mond & Co., Ltd.)

LC.I. (Fertiliser & Synthetic Pro- Kunst & Albers, Importers, Engineers

and Contractors—llo, Szechuen Road;

ducts), Ltd. Telephs. 18737-9; P.O. Box 1179; Cable

LC.I. (General Chemicals), Ltd. Ad:

I. C.I. (Lime), Ltd. Dr.Kunstalber A. Albers, partner

LC.I. Metals, Ltd. G. von Dattan, do.

LC.I. (Rexine), Ltd. K. Schaefer, manager

Lightning Fastners, Ltd. S.F. Kapper, dipl. ing., signs p.p.a.

Mould rite, Ltd.

Agents for: E. Findorff, do.p.p.a.

Nesi ler, signs

Albright & Wilson, Ltd. R. Des Arts

H. Ballheimer O.R. Kaiser

Baldwins, Ltd. Miss Kaestner

R. Bern stein E. Koehler

Boots Pure Drug Co., Ltd. (Sac- G. Bierwirth F.W. Kunstein

charin) N. A. Bolt,

A. Boake, Roberts & Co., Ltd.

Borax Consolidated, Ltd. DIPL. ING. Mohr,DIPL. ING.

P. G. Breuer

British Glues & Chemicals, Ltd Miss M. P. Pastuhoff

Briton Ferry Steel & Tinplate

Agency, Ltd Mrs. M. Burkart

L. Conrad C.R. A.PetriPerly

Brotherton & Co., Ltd. Miss T. Dunaeva H. Petry

China Soap Co., Ltd. (Glycerine)

Chiswick Polish Co. (Overseas). E.MissDzirne

R. Dzirne A. G. Sachs

P.Dr.Schoemann

H. Kappelhof

B. B. Filimonov Mrs. E.M.Wrany

Ltd. Zarin

J. & J. Colman (Overseas), Ltd. Representing:

Corn Products Refining Co. M.A.N. Maschinenfabrik Augsburg-

S. A. des Usines Destree (Ultra- Nuernberg A .G. Gutehoffnu ngshuet-

marine) te, Oberhausen, Rhld, Germany

Forestal Land, Timber & Rail- Sun Oil Co., Philadelphia

ways Co.. Ltd. V.D.F. Vereinigte Drehbank-fabriken.

Glycerine, Ltd. Tool Machinery

Hercules Powder Co. (Wood Ro- Gebr. Boehringer, Goeppingen

sins k Turpentine) Heidenreich

Metal Box Co., Ltd. Gebr. Wohlenberg, Hanover

Mysore Government Sandalwood Jos. Braun, Zerbst

Oil Factory, Bangalore Atlas Preservative Co., Ltd., Erith,

Improved Liquid Glues Co., Ltd. Kent, Paints

England. Wood Preserva-

International Nickel Co. of Cana- tives,

da, Ltd. Elin A-G. fuer Elektrische Industrie,

International Nickel Co., Inc. Wien. Electrical Machinery

Magadi Soda Co., Ltd. Flottmann A-G., Herne i.W. Pneu-

Mond Nickel Co., Ltd. matic Tools, Compressors

Natal Tanning Extract Co., Ltd. Gehe & Co., Dresden. Chemicals and

Oeresunds Chemiske Fabriker Pharmaceuticals

Henkel & Co., Duesseldorf. Quick

Racine &f Cie Cleansers “Persil,” “Imi,” “Ata,”

Reckitt & Sons, Ltd. “Henko”

Roura & Forgas M. Hensoldt & Soehne, Wetzlar.

Scott & Bowne, Ltd. (Scott’s

Emulsion)

Stewarts & Lloyds, Ltd. Ges.Optical Instruments

f. Junkers Dieselkraftmaschinen

J. E. Sturge m.b.H., Scharfenstein. Diesel Motors

U S. Alkali Export Assn., Inc. Hackethal-Draht

Hanover. && Cables

Kabelwerke A.G.

Van Den Berghs, Ltd.

N.V. Vereenigde Fabrieken van Kochs AdlerWire Naehmaschinen Werke

Stearine, Kaarsen en Chemische A. G., Bielefeld.

Leipziger SewingGes.,

Maschinenbau Machines

Leip-

Producten

Wiggin(Stearine)

Henry & Co., Ltd.

J. & J. White, Ltd. H.zig. *Ri vetting

Maihak Machines Technical

A-G., Hamburg.

Instruments

XXXIV ADDENDA (SHANGHAI)

Messer & Co., G.m.b.H.,

furt/Mai n. Gas Producing Plant Frank- On Page A259

Nollesche Werko, Weissenfels/Saale. Liverpool Co., Htd.&-81, London & Globe

Jinkee RoadInsurance

: Teleph..

Shoe Machines

Nordmark Werke, Hamburg. Phar- 11842; P. O. Box 758; Tel. Ad: Globance- J

maceuticals H. B. Scott, resident secretary

Prof. Dr. v. Poehl & Soehne, Berlin. C. C, Cruttwell, assist, do.

Pharmaceuticals J. E. Brown

Pyro-Werk, Hanover. Pyrometers Agents-.

F. W. Schule & Co., Hamburg. Scott, Harding

Pumpmobile

Stewart MotorTrucks

Corporation, Buffalo, Jardine, Matheson

N. Y. Motor Hugh Middleton & Co. (Ins.), Ltd.

It. Stock tfe Co., Beflin-Marienfelde.

High

Taps, class

etc. Twist Drills, Reamers, On Page A266

Strebelwerke,

Radiators Mannheim. Boilers and Metropole

Ernst Yogel, Stockerau. Pumps and FoochowHotel —Corner

Roads; Teleph.Kiangse

12500;

Gebr. Wichmann, Berlin. Optical Cable Ad: Methotel

Instruments Cathay Hotels, Ltd., managers .

Schloemann, A. G. Hydraulic Presses,

Steel Rolling Mills' On Page A267

On Page 258

Bing Woo Met ling ton kwong kao yu hsien kung sze

Liddell Bros. & Co., Ltd., Merchants, Millington, Ltd. (Incorporated in Hong-

Wool, Hide, SkinLineandBuilding,

Brokers—Glen General4,Produce

Peking kong), Practitioners in Advertising—

117,

Rd.;Telephs. 11159; Cable Ad: Liddell. P.O. Box 750; Cable Hongkong Road; Teleph. 11655 ;

Press Packing Works andRoad, StorageBift’s

Go- Ad: Milladvert

downs: 248, Yangtzepoo E. F. Harris, chairman

Wharf A. P. Nazer, director

J. H. Liddell, managing director F. C. Millington, mng. dir.

P.W.W.M. O.Howell.

Liddell, director (absent) B. Rozenbaum, gen. mgr. and secty.

do. (Tientsin) John A. Galvin, mgr.

R.R. W.

H. Purcell,

Fraser, signs per

do. pro. M iss S. Koussis, secty.

C.F. A.F. D.Hooley,

Lowe,m.i.m.e.

/ do.engr. Miss I. Petersen, asst, secty.

J. Heyman, sales mgr.

L. H. Richards V. D. Shelonosoff, art dir.

C.E. Comas

Porte]la I A. J.S. Doong

Ahmed T. H. Chow, accountant

C. L. Hsu, collection

E. Kagansky. | J.J. H. Bailey Y.advertising

S. Wei, director of Chinese

A. M. Quinones 1 E. J. Harvey Staff—E. A. Crighton, T. S. Bao; T. H.

S. F. Harvey | J. Boyack Kwan,

Agents~for-.

Mather &, Platt, Ltd. S.A. : Chang V.andY.C.Zau, H. Z. Choy, T. F.

L. Hsu

Hilaturas Casablancss, Salesmen — J. Tuller, N. Chelmis and

High Draft Cotton Spinning

Machinery V. G. Borinevitch

Equitable Fire and Marine Office Hongkong Office:

Miss E. Kelly, B.sc., A.I.C., mgr.

On Page A258 Miss G. Owen, actg. mgr.

^ Vfe AC Singapore Office;

Lm Teh Oil Mill, Vegetable Oil Mer- A. Hill-Reid, mgr.

chants

RapeseedandOil,Crushers;

Refined Cottonseed

and DeodorizedOil, Managers for :

Salad Oils and Hardened & Edible Willow Pattern Press

Cocoanut Oils—12, Rue da Consulat; Oriental Press

Teleph. 85080; Caible Ad: Lihtehoil Star Photo Engraving Co.

ADDENDA (SHANGHAI) XXXV

Agents for; StalCo.,(Ljungstrom)

Ltd., Sweden Steam Turbine

Bennett College, Ltd. A.Blowers,

B. de Lavals Angturbin, Pumps,

Kelly’s

LondonDirectories, Ltd Ltd., London

Press Exchange,

A. McKim, Ltd., Canada Nydquist

Thos. &Crude

Holm,

Robinson &

Oil

Son,

Engines,

Diesel etc.

Engines

Ltd., Complete

Benn Bros., Ltd., London

Ernest Benn, Ltd., London Flour Milling Machinery

A.tors

B. Separator, Centrifugal Separa-

Advertising Agents for: Butterworth & Dickinson, Ltd.,

China General Omnibus

Shanghai Elec. Constr. Co. Co. Weaving Machinery

Indo-China S. N. Co. Morse

A.Marine Chain Co.,

B. Pentaverken, Rocker-Chains

China Motor

Shanghai Bus Co., Ltd.

Telephone Co. (Hongkong)

(Telephone Engines Stationary &

Directories) A.Electric

B. Liljeholmens Kabelfabrik,

Cables and Insulated Wires

French Tramway Co. Hajos & Szanto A. G., KW-Hour

Sino-British Composite

China Sky Clipper Catalogue Meters

Les Missions de Chine (Directory of On Page A280

Roman Catholic Missions in China)

Far Eastern Rotary Review & it Km m

Far Eastern Engineer Mei-kuo-yung-pei-kung-sze

National Carbon Co., Fed. Inc.,

On Page A268 U.S.A.—Sales.17377; Office:

Cable 2,Ad:Peking Road ;

Morgenstern, O.—81, Jinkee Road; Teleph. Factory: 248, Yangtszepoo Road;

Rayelbon;

Teleph. 17024; Cable Ad: Morgenster Teleph. 51431; Cable Ad: Rayelbon

Jie*. Representative of:

Jaffe & Sons, Ltd., Manchester and Sales Dept.:

V.W.Desborough

Bradford, Cotton and Woollen E. Holland

Piece Goods,

Materials Yarns and Textile Raw W. Wright

H. L. Hollingsworth

Alfred Simon & Son, Manchester. K. Broch

Cotton Velvets R. A. S. Waters

Stevenson

Tyrone. Linens A.

Harry Greayer, Hamburg. Continental

Goods E.S. Otto

Johnson

J. A. Macfarlane

G. E. Cullinan

On Page A269

n & w m m ® On Page A178

Mou le yu hsien hung sze National City Bank of New York,

The (and International Banking Cor-

Moysey & Co., Ltd., H. J., Electrical and poration)—41, Kiukiang Rd. ; Teleph.

Mechanical Engineers—452, Kiangse 11500; Cable Ad: Citibank. Head Office:

Road;Adasea;

Ad: Telephs.Codes:

18331 and 16466; Union

Western Cable New York

5-letter, Bentley’sdirector

H. J. Moysey, and A.B.C. 6th edn. On Page A178

G.K.K. G.

Moysey,

Lonnegren, do. B.sc., (Sweden) Nederlandsch

bank —186, Kiukiang Indische Road;Handels-

Telephs.

m.e., s.t.a.l., representative for 15809,

P.Codes: 15615,

O. BoxBentley’s19281, 19993, and 13379;

1319; Cable1stAd:edn.Handelbank;

the Far East

B. P. C. Fletcher Peterson

Agents for : Internat.,

and 6th and3rdMercuur

edn., Leibers, A.B.C. 5th

Asea Electric, Ltd., Sweden, Motors, C.T.Stigter, manager

Precision Gears and Geared Motors, van Gulik, accountant

Generators,

ters, Transformers,

Rectifiers, Conver-

Switch Gear, Con- H, J. van Houten, sub-acct.

densers, etc. J. W. Brouwer

T. H. I. van Eck

XXXVI ADDENDA (SHANGHAI)

On Page A285 Sales

m mm ^ n n it n ^

Za t/ Chong Yarng Hong Che Che D.T. N.C. Woo, Chinesesalessalesengineer

Carpenter, mgr.

Zung Lee Soo H. E. Hertz, sales representative

Oliveira & Sox, H. (Successors to T.E. Accounting

M.A.),Supplies—

Machinery,24,Tools G. H. Langeluetje, accountant

ing YuenandMing

Engineer

Yuen E. W. G. Schweigert, asst. acct.

Road ; Teleph. 19559 (3 lines); Cable Ad: Construction

Hotema P. J. Kessel, manager

Mrs. I. Oliveira, proprietress . L. C. Chao, superintendent

A. A. dos Remedios, partner Service, Shop and Purchasing

R. J. Maitland, manager C. G. Devaranne, manager

E. M. Oliveira, treasurer Win. C. E. Chen

A. C. Silva S. C. Wong, service supt.

Y. Oliveira | T. F. Wood T. H. Shieng, shop foreman

Agents fov.

L. S. Starrett Co., Mass., U.S.A.: Pre- On Page A289

cision Tools. Stocks carried

Dampney & Co., Ltd., London: Philips China Co.,, Lamps, Radios,

“Apexier” Boiler Compound. Stocks Valves, Talkie Equipment and Sup-

plies, Transmitters, Transmitting

carried Tubes, X-Ray Apparatus and wire—

F. E. Myers & Bro. Co., Ohio, U.S.A.: Brunner-Mond Bldg. ; 133, Szechuen

Hand and Power Pumps. Stocks Road; Teleph. 15126; P.O. Box 794;

carried Cable Ad : Hal watt

Carborundum Cd., Niagara Falls, U. A. G. de Jager, rang. dir.

S. A. : Carborundum Mrs. H.Wheels L, Carson,

and secty.

Abrasives. Stocks carried Technical Dept.

Syracuse, Smelting Works, Brooklyn, Nequen Chen

U.S.A.: Babbitt Metals and Autocrat Accounting Dept. ■

Bushing Bronze. Stocks carried V. Vogt

American Metal Hose Co., Waterbury S. Y. Zien

Conn., U.S.A.: Flexible Metal Hose.' C. K. Sui

Stocks carried Representing :

Schaeffer & Budenberg, Magdeburg, N. V. Philips Glowlamp Works

Germany: Steam Fittings. Stocks Holland Insulated Wire & Cable

carried Works

Albertson & Co., Sioux City, Iowa,

; U.S.A.: Elec. Drills, Grinders, etc. On Page A290

Stocks carried Bp Hah Wo Tah

Binks Manufacturing Co., Chicago,

U.S.A.: Spray Painting Equipment Platt, White-Cooper & Co. — Ewo

Bldg., 83, Peking Road; Teleph.

19570; Cable, Ad: Retsam and

On Page A287 Attorney;

Otis Elevator Company—935, Avenue R. F. C. Master, solicitor

Road; Head Office for China, Phi- M. Reader Harris, do.

lippine Islands and Siam; Teleph 1 C.A. E.E. Lowe, Seddon, barrister-at-la#

solicitor

30190; P.O. Box 1699; Cable Ad: G. Villas | R. Artindale

Lyndentree

F. C. Munn, manager for China, Agents wood

in London—Stephenson, Har-

& Tatham, 16, Old Broad

Hongkong, Siam & Philippine St., E.C.

Islands Agents in Hongkong—Johnson, Sto-

E. H. Walker, assistant manager kes and Master, Hongkong and

in general charge of construc- Shanghai Bank Bldg., Des Voeux

tion & service Road C.

ADDENDA (SHANGHAI) XXXVII

On Page A296 Yoh Teh-chi, chief of tariff section

m m m m u m m Chu Tsu-hung, chief of revenue

Salt Revenue Department (Ministry Revenue collections section

of Finance, National Government of Guards Department

■ China)—Cable Ad': Yenwu Wen

Chen

Ying-hsing, chief of the dept.

Tien-chi, chief of adminis-

Directorate-General of Salt Admini- tration section

. stration Chao Chun-mai, chief of preven-

Chu Ting-chi, dir.-gen. stationed tive section

at the Capital Sun Pang-tsao, chief of marine

Dr.gen.,

O. C.in charge

Lockhart, associate dir.-

'of the Shanghai section

Office: 108-109, Cathay Man- Hu Lan-sheng, chief of medical

sions ; Telephs. 70192 and 70095 section

Secretariate M. S. Boutourlin, marine guards

training officer

Fei Hsiang-fan, Chinese secretary Supply and Works Department

It. D. Wolcott, English secretary Li Kuo-chi, chief of the dept.

Chien Hu-ting, assist, dist. dir. Yeh Ta-chien, chief of supply sect.

Yu Tien-yun, acting assistant dis- Ssutu Fu-chuan, chief of launch

trict director surveyor’s section

General Administratian Dept. Huang Po-tang, chief of works

Chen Jung, chief of the dept. section

Wu Shih-hsiang, chief of corres- Office of Chief Accountant

pondence section Hu Hung-yu, chief' accountant

Shih Yuan-kai, chief of staff sect. Baude? R. L. P., in charge . of

Tso Shou-chen, chief of compila- accounts dept., S’hai office

tion section Wu Tsung-tao, chief of budget sect.

Chow Chun, chief of cashier’s Wang Jui-lin, chief of accounting

section control section

Production and Consumption Dept. Lu Chao-jeng, chief of post-audit

Tseng Yang-feng, chief of the

dept. & concurrently travelling Officesection of Chief Statistician

inspector Chang Hsing-lien, in-charge

R. M. C. Ruxton, co-travelling Chen Cheng, anting chief of data-

inspector collecting section

Yeh Ping-hou, chief' of develop- Shen Pen-chiang, chief of compil-

ment section ation section and concurrently

Sun Chien, chief of saltworks and assistant chief of production and

production section consumption dept.

Chang Tung-kao, chief of trans-

portation and consumption sec- Supervisory Office of Prevention

tion Ku Chien-chung, chief of the office

Cheng Tsu-ya, chief of saltpetre Chow Cho, asst, chief of the office

and sulphur section, Li Hsi-yuan, asst, chief of the office

Wang Ta, chief of research section Audit Office

Hu Hsien-sheng, chief of investi- Li Tu-kung, chief of the office

gation section

Yang Sung - hua, investigator, Technical Experts

working in correspondence sec- Lu Wen-lan, actg. technical expert

tion of general administration Chang Chu, technical expert; act-

department ing as chief of the revenue

Revenue Department guards dept.

Hu Hung-yu, chief of the dept. Wu Chih-chang, assistant technical

Wu Shao-pan, chief of the finance expert; working in the revenue

section department

XXXVIII ADDENDA (SHANGHAI)

Huang Shang-chin, asst, technical D. Webb, b.sc., a.i.c., chemist

expert; working in the office of W. Hamilton, b.§c., f.i.c., do.

chief accountant S. E. Flory, a.m.inst.c.e., a.c.g.i.,

Jen Tsung-chi, assistant technical construction engineer

expert; working in the office of A. H. Martin, b.a., asst. engr.

chief statistician J. F. Burford, b.a., do.

Chin Hsiang-sheng, asst, technical V. F. Golubyatnikoff, a.m. I.

expert; working in the compila- struct.E., chief draughtsman

tion section of general adminis- Stores and Property—

tration department

G. S. McGill

On Page A299 M. McVicar

Sctjrr, Tanner & Co., Marine Survey- C. O. White

ors and Consultants: Ship Cargo Pumping Station—

Engineer, and General Surveyors, G. Muller, works supt.

Compass Adjusters, etc.—59, Peking H. McMahon, asst, works supt.

Road: Teleph. 10700: Cable Ad: W. J. Black

Royevrus J. Colquhoun

Agents for: A. E.vP. Glass

Henry Hughes .& Son, Ltd., Lon- L. A. Greenhalgh

don. Compasses & Nautical In- N. Hadden

struments J. S. Mudford

E. Turner

On Page A207 V. J. Wilson

Shanghai Club—3, The Bund; P.O. Distribution: Inspection—

Box 156; Cable Ad: Kwangho B. J. W. Grimes, chief inspector

Chairman—W. J. Monk R. Barrie, asst, chief inspector

Vice-do. —E. E. Parsons cashier, J. R. Borsberry, A. J.

Secretary —F. S. Ward F. A. Bloomfield, R. Broadley,

Assist, do. —P. Corneck N. M. Clark, H.R. Fernandes,

On Page A309 C. S. Kemp, R. G. Mack, F. C.

Mallett, T. J. Marks, J. W.

McDonald, J. M. Miyake, W.

Shang hai sze lai mi yu hsien Moore, A. W. Pettit, E. A.

Richardson, C. J. Seater, R.

knng sze C. Veir and R. J. Vosper

Shanghai Waterworks Co., Ltd., The Distribution : Mains—A. Whaley,

(Incorporated in England) — Head mains supt., J. F. Whitter and

Office: 484, Kiangse Road; Teleph. A. Evans

15577 (5 lines); P.O. Box 7y8 Clerical Staff—J. R. Villas, R. O.

Directors—H. M. Little (chair- Baker, D. F. Beare, H. Cadd,

man), A. J. Welch, W. Mellor, F. Cock, A. C. Collaco, G. B. A.

H. Porter, c.m.g. & Singloh Hsu Collaco, H.d’A. Corte-Real, Manuel

Engineer-in-Chief and Manager— A.MiguelFerras,A. Mario

Ferras,A. A.Ferras,

,C. D. Pearson, m.inst. c.e., m.i. Fonseca, O. P. Pleshkoff, E. V.

mech.e. Roche, V. B. da Silva, B. Spie-

Secretary—R. Lock, b.a., ll.b., a.c.a. gler and W. Wolnizer

Deputy £ngineers-in-Chief—W. P.

Rial, b. sc., f.i.c., m.i.chem.e., Secretarial Staff

a.m.inst. c.e. and C. B. Ogilvie, Secretary’s Office—

a.m.inst.c.e., a.m.i.mech.e. C. L. L. Williams, deputy secty.

Engineering Staff J. C. Boldero, a.c.i.s.

Technical Staff— Miss N. C. de Almeida, F. R. L.

E. A. P. Wood, A.M.INST.C.E., Carey, C. Melchers and Miss A.

a.c.g.i., senior asst, engineer H. G. Whe!don

R. M. Currie, a.m.inst.c.e., a.m. Transfer Office—E. Pt Geere, a.c.i.s.

i.mech.e., mechanical engineer S. J. Moalem

ADDENDA (SHANGHAI) XXXIX

Revenue Office—H. F. Prytherch, D. C. V. Starr, president

W. Leach, K. Y. Yao, A. G. Colla- N. Yakoonnikoff, vice-president

co, Miss I. Farre-Jorgensen, J. M. W. A. Hale, treasurer

Hamano, R. Hennessey, J. A. Francis Chang, secty. & cashier

Leon, A- L. Letchford, H. Mania K. K. Tse, accountant

and B. A. F. Wolnizer A. Hroutsky, asst, cashier

Accounts Office—H. W. Carter, a.c.a., S. H. Wong

chief acct., N. M. W. Harris, a.c.a.,

T. G. Main', J. J. Martin, E. N. On Page A325

Trueman,

d’Childs,

Almeida,A d’ Almeida, Miss A.M. H.J.

M. A.E.Collaco,

M. Barradas,

T. M. Collaco, M

United Laboratories op Shanghai

C.Hanson,

A. Fernandes,

Miss M. L. Little, M.J. K.P. (Former

J. C. Fonseca, Jensen’s Chemical Labora-

Maher, F. A S. Mori, J. M. tories), Analysts & Consulting Che-

Remedies and F. H. Rudland mical Engineers, Manufacturers of

Cash Office—A. S, Baskett (chief Iron Oxide, Pigment and Solder,

Metal Brokers & Radio Importers.

cashier), J. R. Borsherry, A. J. Freight Brokers, China-U.S.A. —

Cooper, I. Haas, N. Haas, B. 120, Nanking Road; Teleph. 19103;

Pintos and D. P. L. Stirling Cable Ad: Labo

I On Page A312 On Page A331

iSiEMSSEN & Co., Merchants, Engineers, /jZ: Kung Ping

| and Insurance Agents—451, Kiangse White & Co., Ltd., W. A., Merchants

l Road Teleph. 17346; P.O. Box 408 and Commission, Land, Estate and

H. A. Siebs, partner (Hamburg) Insurance Agents—81, Jinkee Road;

Teleph. 11549; Cable Ad: Whitecold

W. A. White, director

j/ On Page A318 John L. Wade, do.

| Syknerberg, G. V., Importers of Pa- A. A. Sequeira

I per, Cardboard and Pulp, Alumin- B. J. Marinitch

; ium Foil—264, Kiangse Road ; Tele- ^ S. A. Sobel

i phone 14077; Cable Ad : Synnerfin ' Hanpin Y. Chow

G, Y. Synnerberg, propr. & mgr. T. S. Vee

S. H. Young

, D. S. Perfilief, assist, mgr. Yang Tuck Chong

K. Y. Hwa, compradore Chow Tsze San

C. L. William Woo, acct. Liu Tsay Yue

| AgenUfor; Chuck Men Tu

Sung Yuen Ding

Kommanditbolaget Moberg & Co., Loh Kiu Kao

Gothenburg, Sweden Agents:

Tikkakoski Iron and Wood Manu- Royal Insurance Co., Ltd.

facturing Co., Ltd., Helsingfors,

Finland

On Page A332

|On Page A180 isj m pi) m m

>T #!S % Yu Pong Ying Hong Wildow Liu-in-yi-n-suh-kung-sze

Underwriters

the Far East,Savings Bank for Hongkong Road;Press,

Inc. {Incorporated

Pattern Printers — 117,

Teleph. 11655

in the State of Connecticut, U.S.A.> Millington, Ltd., proprietors

|I —17, H. A. Fandrei, works manager

Cable The Ad: Bund;

Savings. Teleph.

Branch;17725;

14, L. A. Harrap, sales manager

J. Chu

Queen’s Road, Hongkong A. B.. Shaw

xl ADDENDA (NANKING—KIUKIANG— ICHANG—HANGCHOW)

NANKING On Page A352

On Page A344 Kiukiang Club & Recreation Ground

m m & (Company Limited by Guarantee)

Custom House Committee — B. S. Stephenson

(chairman), H. C. S. C. Selby

Commissioner—H. D. Hilliard (hon secretary), P. H. Benedict

Actg. Depy. Comr.—Sun Si Yung (hoh. treasurer) and W. H. H.

Assistant—Ong Yah Foo Kimberley

Tidesurveyor and Harbour Master On Page 352

—T. J. Broderick

Examiner—C. W. Hall ^ H Mei . Foo

On Page A344 Standard- Vacuum Oil Co.

P. H. Benedict, manager

^ PH ^ IB ft ^ ^ M ^ R. Geater, installation supt.

Ying shang ho gee yu hsien hung sze K. Y. John, stenographer

International Export Co. (Kiangsu),

Ltd.—Cable Ad: Inter ICHANG

P. R. Shields, manager

C. G.T. H.Marshal],

Tucker, general assist.

accountant

N. H. Price, chf. engineer On Page A389

A. G. Y. Strong, engineer Swedish

Rev. F.Missionary

A. Wennborg Society

F. A. Beresford, do. Mrs. F. A. Wennborg

H. L. Holden, superintendent

L. J. Millar, do.

G. Harrison, do. HANGCHOW

Miss K. M. Taylor

On Page A.346 On Page A396

± ^

Chin ling da sho Catholic

Most Mission—Teleph. 1467 Vic.

Rev. Msgr. J. J. Deymier,

University of Nanking, The Apost.

Most Rev. Msgr. P. A. Faveau (Ka-

Chinese Language, Literature, His. shing)

tory, Philosophy, Western Subjects, Rt. Rev. Msgr. J. Fraser, p. a.

Agriculture and Forestry, Natural

and Applied Sciences, etc. Rev.(Kinhwa)

M. Bouillet, Provicar

Rev. A. Henault

Rev. P. Legrand

KIUKIANG Rev. H. Claessen

Rev. F. Faucheux

On Page A352 Rev. A.J. Galaup

Rev. Asinelli (Kashing)

Kiangsi Postal District—Head Office: Rey. F.G. Radogna

Rev. (Kashing)

Nagy (Pinghu)

Nanchang Rev. J. Conway (W uhing)

Director—Tsang Yuk Chee

Chief

Wu Tsu of Local

Jung Business Dept. — On Page A397

Chief of Inland Business Dept, — /rj u:m

Yen Tsu Kong

Chief of General Affairs Dept. — PostChekiang Yu Cheng Kuan Li Chu

Office—Cable Ad: Postos

Ching Chun-sheng Director—V.

Chief of Accounts and Checking

Dept.— Ju Kem Fun Chief

—Yen LocalW.AnBusiness

of Noh Stapleton-Cotton

Department

First Class Office, Kiukiang Chief of Inland Business Department

Postmaster—Lo Kwong Lau —Hoo Yiu Tsun

ADDENDA (YUNNANFU—HONGKONG—HANOI)

Chief of General Affairs Department On Page A638

—Dong Shu Eothen Mark Lodge 264 E. C.

Chief of AccountsSing

ment—Tsong & Checking

Seng Depart- W.M.—Wor. Bro. F. P. R. James

Postmaster, Ninghsien (Ningpo) I.

First Class Office—Lin Si Nan S.W.—Bro. W. J. Geall

Postmaster, Shaohing J.

First Class Office—Feng Te-kuei M.O.—Bro. G. F. Hole

YUNNANFU SO.—Bro. P. I. Newman

J.O.-Bro.

D. L. A.Bro.

of C.—Wor. Tobias

A. E. Clarke

On Page A486 Chaplain—Bro. S. Deacon

, British

Bible House, Pei MenYunnanKai No. 78, R. of Marks—Bro. D. Blumenthal

Kunming (Yunnanfu), Secretary—Wor. Bro. A. F. Paul

Provincial Secretary (also for French S.

Indo-China) — Rev Valdemar B. •J-D.—Bro. A. R. Brown

^ Ad: Molgaard, m. a.,Kunming

Molgaard b.d. (Private Cable LG.—Bro. M. Nemazee

Stewards—Bro.

M. Purvis, Bro.S.Jackson

E. Edgar, Bro. T.J.

and Bro.

HONG KONG H. Lunson

On Page A559 Tyler—Wor. Bro. O. A. Smith

Canton

Dealer in Chinaware Co., - ware.

Porcelain & Earthen The, HANOI

I Dinner

1 & Tea Services in Canton Green On Page B205

!_ <• Vases,

t Kl Nanking Blue. VariousandKinds

etc. Manufacturer Ex-

f porter of

Undertake all

all Kinds

Kinds Chinaware. BRiTrsH

of Packing—39,

of Bibliquetfc Foreign Bible Society

Britannique (Society

et Etrangere),

Queen’sAd:Road (Thanh-tho’

Central; Teleph. 21184; Mandarine cdng hid), The—57, Route

I Cable Canchina Rev. V. B. Molgaard, secretary

XLII

The Job Printing Department

OF THE

HONG KONG DAILY PRESS,

LIMITED

is equipped with all the latest and most up-to-date

appliances for the production of first-class work.

All descriptions of Illustrated Catalogues, Circulars,

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turned out accurately, and with the greatest despatch,

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OFFERS YOU THE MOST ECONOMICAL

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Write for specimens and advertising rates.

Manna House, 15-19, Queen’s London Office

Road G., Hong Kong. 53, Fleet Street, E.C. 4.

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CONSULT

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MARRINA HOUSE, 15-19, Queen’s Road C.

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TREATIES, CODES, &c.

M ,23000 ,23!TA3^T

TREATIES WITH CHINA

KOWLOON EXTENSION AGREEMENT, 1898

Whereas it has for many years past been recognised that an extension of Hong-

kong territory is necessary for the proper defence and protection of the Colony,

It has now been agreed between the Governments of Great Britain and China

that the limits of British territory shalb be enlarged under lease to the extent

indicated generally on the annexed map.

The exact boundaries shall be hereafter fixed when proper surveys have been

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

be ninety-nine years.

It is at the same time agreed that within the City of Kowloon the Chinese

officials now stationed there shall continue to exercise jurisdiction, except so far as

may be inconsistent with the military requirements for the defence of Hongkong.

Within the remainder of the newly-leased territory Great Britain shall have sole

jurisdiction. Chinese officials and people shall be allowed, as heretofore, to use the

road from Kowloon to Hsinan.

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

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

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

movements of the officials and people within the city.

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

territory under British eoiutrol, arrangements shall be discussed.

It is further understood that there will be no expropriation or expulsion of the

inhabitants of the district included within the extension, and that if land is required

for public offices, fortifications, or the like official purposes^ it shall be bought at

a fair price.

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

with the existing treaties between Great Britain and China and the Hongkong

Itegulations.

The area leased by Great Britain includes the waters of Mirs Bay and Deep

Bay, but it 1$ agreed that Chinese vessels of war, whether neutral or otherwise,

shall retain the right to use those waters.

This Conveqtion shall, come into force on the first day of July, eighteen hundred

and ninety-eight, being the thirteenth day of the fifth moou pf the twenty-fourth year

of Kwang Hsu. It shall he ratified by the Sovereigns of the two countries, and the

ratifications shall be exchanged in London as soon as possible.

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

Governments, have signed the present agreement.

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

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

the twenty-first day of the fourth moon of the tweHty-fourth year of Hwang Hsu.

Claude M. Macdonald.

Li Hung-chang 7 Members of

Hsu Ting. K’uei ) Tsung-li Yarnen.

SUPPLEMENTARY COMMERCIAL TRmfY HyITII CHINA

Signed at Shanghai, 5th September, 190,2

Ratifications Exchanged at Peking, 28th July, 1908

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 ont

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

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

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

and Navigation and other subjects concerning commercial relations with the object of

facilitating them, have for that purpose named as their Plenipotentiaries, that is to

say:—

His Majesty the King of Great Britain and Ireland, Hjs Majesty’s Special Com-

missioner, Sir James Lyle Mackay, Knight Commander of the Most Eminent Order of

the Indian Empire, a member of the Council of the Secretary of State fpr 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 G uardian

of the Heir Apparent, Senior Vice-President of the Board pf Public Works, etc.

Who having communicated to each other their respective full powers, and

found them to be in good and due form, have agreed upon and concluded the

following Articles:—

Art. I.—Delay having occurred in the past in the issue of Drawback Certificates -

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

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

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

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

applicant to receive such Drawback Certificates.

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

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

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

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

the place where the import duty was paid.

But if, in connection with any application for a Drawback Certificate, the

Customs Authorities discover an attempt to defraud the revenue, the applicant shall

be liable to a fine not exceeding five times the amount of the duty whereof he

attempted to defraud the Customs, or to a confiscation of the goods.

Art. II.—China agrees to take the necessary steps to provide for a uniform

national coinage which shall be legal tender in payment of all duties, taxes and other

obligations throughout the Empire by British as well as Chinese subjects.,

Art. III.—China agrees that the duties and lekin combined levied on goods carried

by junks from Hongkong to the Treaty Ports in the Canton Province and vice versa

shall together not be less than the duties charged by the Imperial Maritime Customs

on similar goods carried by steamer.

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

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

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

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

present and future.

THE BRITISH COMMERCIAL TREATY WIT# CHINA 5

It being, moreover, of the utmost importance that all shareholders in a Joipt Stock

Company should stand on a footing of perfect equality as far as mutual obligations

,are concerned, China further agrees that Chinese subjects who have or may become

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

the very act pf becoming shareholders, the Charter of Incorporation or Memorandum

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

in terpreted by British Courts, and that Chinese Courts shall enforce compliance there-

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

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

the same Company.

Similarly the British Government 'agree that British subjects investing in

■Ghinese Companies shall be under the same obligations as tjie Chinese shareholders

in such companies.

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

and been dismissed.

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

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

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

Canton and to take the necessary steps to maintain that improvement, such work to

be carried out by the Imperial Maritime Customs and .the cost thereof to be defrayed

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

-scale to be arranged between the merchants and the Customs Authorities.

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

bility by steamer of the waterway between Ichang and Chungking, but are also fully

aware that such improvement might involve heavy expense and would affect the

interests of the population of the provinces of Szechuen, Hunan, and Hupeh. It is,

therefore, mutually agreed that until improvements can be carried out steamship

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

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

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

regulations to be drawn up by the Imperial Maritime.Customs.; These appliances

shall not obstruct the waterway or interfere with the free passaoe,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 improve

ing the waterway and assisting navigation without injury to the local population or

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

spirit.

Art. VI.—The Chinese’Government agree to make airrangements 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 the1 protection of the revenue.

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

trade marks against infringement, imitation, or colourable imitation by British

subjects, the Chinese Government undertake to afford protection to British trade

marks against infringement, imitation, or colourable imitation by Chinese subjects.

The Chinese Government further undertake that the Superintendents of Northern

and of Southern trade shall establish offices within their respective jurisdictions under

control of the Imperial Maritime Customs where foreign trade marks may be

registered on payment of a reasonable fee.

Art. VIII.

•of levying leliin—Preamble.

and other duesTheon Chinese

goods atGovernment, recognising, inthat

the place of ^production' the system

transit, and at

e THE HK rTISll COMMERCIAL TREATY WITH CHINA

destination, impedes1 the free circulation of commodities and injures the interests of

tfhde, hereby undertake to discard completely those means of raising re ten ufe with

the limitation mentioned in Section 8.

The British Government, in return, consent to allow a surtax, in excess of the:

Tariff rates for the time being in force, to be imposed on foreign ‘goods iniphrtCd by

British subjects, and a surtax in addition to the export duty' on Chinese produce

destined for export abroad of coastwise.

It is clearly Undefgtood that after lekin barriers and other stiaitious for taxing'

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

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

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

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

tember, 1901; that payment of the import duty and surtax shall secUre for foreign

imports, whether in the hands of Chinese or non-Chinese subjects, in original packages

or othenvise, complete immunity from all other taxation, examination or delay ; that

the total amount of taxation leviable on native produce for export abroad shall, under

no circumstances, exceed 7| per cent, ad valorem.

Keeping these fundamental principles steadily in view, the high contracting

parties have agreed upon the following methods of procedure :—

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

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

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

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

present in existence on the seaboard or waterways, at open ports, on land routes, and

on land frontiers of China.

Section 2.—The British Government agree that foreign goods on1 importation, in.

addition to the effective 5 per cent, import duty as provided for in the Protocol of 1901,

shall pay a special surtax equivalent to one and a half times the said duty to com-

pensate for the abolition of lekin, of transit dues in lieu of lekin, and of all other

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

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

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

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

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

goods entering China by sea.

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

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

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

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

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

of record.

Wherever there are Imperial Maritime Custom-houses, or wherever such may

be hereafter placed, Native Custom-houses may be also established; as well as at any

points either on. the seaboard or land frontiers.

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

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

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

of them shall not, however, be exceeded.

: . Goods carried by junks or sailing-vessels trading to or from open ports shall not

pay lower duties than the combined duties and surtax on similar cargo carried by

steamers.

Native produce, when transported from one place to another in the interior, shall,

on arrival at the first Native Custom-house, after leaving the place pf prpduction, pay

duty equivalent to the export surtax mentioned in Section 7.

When this duty has been paid, a certificate shall be given which shall describe the'

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

intended destination. This certificate, which shall he valid for a fixed period of not

THE BRITISE COMMERCIAL TREATY WITH CHINA 7

less than one year from date of payment of duty, shall free the goods from all taxation,

'examination, delay, t>t stoppage at any other Native Custom-houses passed en route.

If the goods are taken to a place not in the foreign settlements or concessions of an

open port, for local use, they become there liable to the Consumption'Tax described

in Section 8.

If the goods'are shipped from an open port, the certificate is to be accepted by

'the Custom-house concerned, in lieu of the export surtax mentioned in Section 7.

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

reasonable charge, paid periodically at a fixed annual rate. This does not exclude the

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

junks.

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

a surtax in lieu of lekin—shall remain as provided for bv existing Treaties.

Section 5.—The British Government have no intention whatever of interfering

with China’s right td tax native opium, but it is essential to declaie that, in her

arrangements for levying such taxation, China Will not subject other goods to taxation,

delay, or stoppage.

China is free to retain at important points on the borders of each province—either

on land or water—offices for collecting duty 6n native opium; where duties or contribu-

tions leviable shall be paid in ope lump sum ; which payment shall cover taxation of all

kinds within that province. Each cake of opiuni Will have'a stamp affixed as evidence

of duty payment. Excise officers and police may be employed in connection with these

offices ; but no barriers or Other obstructions are to be ejected, and. ,the .excise officers

or police of these offices shall not stop or molest any other kinds of goods, or collect

taxes thereon.

A list of these offices shall be drawn up and communicated to tbe British Govern-

ment for record.

Seption ,6.—Lekin on salt is hereby abolished and the amount bf said lekin and of

other taxes and contributions shall be added to, the, saffc duty, which shall be collected

’--at place! of produbtioh or at fifst 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 Whibh i's being moved undbf salt passes Or certificates may

be required to stop for purposes of examination and to have their certificates insed,

but at Such offices t&o lekin or transit taxation shall be levied and no barriers or

yobstructions of any kind shall be erected.

Siectiok 7'.—The Chinese Government may'ire-cast the Export Tariff with specific

duties as far as practicable on a scale upf exceeding five pet cent.’ad valorem-, but

'^existing export duties shall'hot 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 t6 not more than that rate.

An additional special surtax of one half tile export duty payable for the time

being, in lieu of internal taxation and lekin, may be levied at time of export on goods

exported either to foreign countries or coastwise.

In the case of silk, whether hand or filature reeled, the total export duty shall not

exceed a specific rate equivalent to not more than five per cent, ad valorem. Half of

This specific duty may be levied at the first Native Custom-house, in, the interior which

the silk may pass and in such case a certificate shall be given as provided for in Section

3, and will be accepted by the Custom-house concerned at place of export in lieu of

half the export duty. Cocoons passing Native Custom-houses shall be liable to no

taxation Whatever. Silk not exported but consumed in China is liable to the Con-

sumption Tax mentioned in Section 8.

Section 8.—The abolition of the lekin system in China and the abandonment of all

other kinds of internal taxation on foreign imports and on exports will diminish the

revenue materially. The surtax on foreign imports and exports and on coastwise

■exports is intended to compensate in a taeasure for this loss of revenue, hut there

'8 THE BRITISH COMMERCIAL TREATY "WITH CHInI

remains the lpb§ of lekin reyeaue on internal trade to be met, and it,is therefore agreed i i

that the Chinese Government are at liberty to impose a Consumption Tax on articled

of Chinese origin not intended for export. i

This tax shall be levied only at places of consumption and not on goods while ir

transit, andatbe Chinese Government solemnly undertake that the arrangements whic|

they may m he for its collection shall in no way interfere with,foreign goods or witb .

native goods for export, The fact of goods being of foreign origin shall of itself free

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

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

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

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

interior. ;

Native goods brought by junks to open ports, if intended jfor local consumption-^

irrespective of the nationality of the owner of the goods—shah, 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 varjL

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 or

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

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 ini

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

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

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 Exporti

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

collected through the Imperial Maritime Customs.

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

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

Chinese anywhere in China.

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

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

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

nature for Government purposes which may hereafter be erected.

Section 10.—A member or members of the Imperial Maritime Customs Foreign1

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

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

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

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, of other cause qf complaint, then

Governor-General or Governor; concerned will take immediate steps to put an end tat

same. J

Section, If.—Cases where illegal action as described in this Article is cqmplainedoi:

shall b,e 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 thei

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. J

If ;the complaint turns out.to be without fomidation, complainant, shall be belai

responsible for the expenses of the investigation.

T^TE BRITISH .COMXERCIAL TREATY WITH.-CHINA 9

His Britannic Majesty’s Minister will have the right to demand investigation

where from the evidence before him lie is satisfied that illegal exactions or obstructions

have occurred.

Section 12.--The ,Chinese Government agree to open to foreign trade, on the same

•footing as the places opened to foreign trade by the Treaties of Nanking and Tientsin,

the following places, namely:—

Changsha in Hunan;

Wanhsien in Szechuen;

Nganking in Anhui;

Waichow (Hui-chow) in Kwangtung; and

’ Kongmoon (Chiang-men) in Kwangtuhg.

Foreigners residihg in these open ports are to observe the Municipal and Police

(Regulations on the sa,me footing hs dhinOse residents, and they are not to be entitled

to establish Municipalities and Police of their own within the limits erf these Treaty

Potts except with the consent of the Chinese authorities.

If this Article does not come into operation the right to demand under it the

epening of these ports, with the exception ofKongmoon, 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. 1^04.

By that date all leldn barriers shall be removed and ofiicials employed in the

•collection of taxes and dues prohibited by this Article. shall be remqved from £heir

posts.

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

present engagement is, that all .Powers entitled topmost favoured nation treatment in

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

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

'Government and subjects.

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

present engagement are:,—t :

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

•favoured nation treatment in China enter into the same engagements;

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

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

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

rChina have failed to agree to enter into the engagements undertaken by Great Britain!1

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

ronly come into force when all the Powers have signified their acceptance of these '

!~engagements.

Section 16.-—When the abolition of leMn and other forms of internal taxation on!

.goods as provided for in this Article has been decided up6n and'sanCtiOned, an Imperial;

Edict shall be published in due fbi'm on yellow paper and circulated, setting forth the

-abolition'bf all lekin taxation, leliin' 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 orgpifit of its injunction shall be severely phhished and ’

•removed from biS post

Aft. TX.—Th6 Chinese Government, recognising that it is advantagebiis' for the

•country1 to develop its mineral resources, and that it is desirable to attract Foreign as ;

well as .Chinese capital 'to' etnbark in mining enterprises,‘agr6e%ithin one year from the

signing of this Tfeaty to Initiate ; and conclude the revision df the existing Mininil

Regulations. China will, with all expedition and eafhe'stness, go into the vfhdle

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

•other

re-castcountries,

her presentregulations whicb;iiiseem

Mji'ii'ng Rules sucibiapplicable

a why astowhile'

the jcondition

tfoMblfffigOf tbe

Chhla, she, willof;

interests

10 THE BRITISH COMMERCIAL TREATY WITH CHINA

Chinese subjects and not injuring in any way the sovereign rights of China, shall offer

no impediment to the attraction of foreign capital, or place foreign capitalists at a

greater disadvantage than they would be under generally accepted foreign regulations.

Any mining concession granted after the publication of these new Rules shall be^

subject to their provisions.

Art. X.—Whereas in the year 1898 the Inland Waters of China were opened to all

such steam vessels, native or foreign, as might be especially registered for that trade'

at the Treaty Ports, and whereas the Regulations dated 28th July, 1898, and Supple-

mentary Rules dated September, 1898, have been found in some respects inconvenient

in working, it is now mutually agreed to amend them and to annex such new Rules-

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

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

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

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

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

th,e following “ Ports of Call Pak Tau Hau (Pai-t‘u k‘ou),Lo Ting Hau (Lo-ting t'ou),

and Do Sing (Tou-ch‘eng); and to land or discharge passengers at the following ten

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

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

(Houli), Luk Pu (Lu-pu), Yuet Sing (Yiieh-ch‘eng), Luk To (Lu-th) andFungChuen

(Feng-ch‘uan).

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

general importation of morphia into China, on condition, however, that the Chinese

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

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

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

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

foreign medical practitioner.

The special permits above referred to will be granted to 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 con-

fiscated.

This Article will come into operation on all other Treaty Powers agreeing to its

conditions, but any morphia actually shipped before that date will not be affected by

this prohibition.

The Chinese Government on their side undeidake 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 1858.

British merchants are permitted to export rice and all other grain from one port of

China to another under the same conditions in respect of security as copper “ cash,”

it is now agreed that in cases of expected scarcity or famine from whatsoever cause in

any district, the Chinese Government shall, on giving twenty-one days’ notice, be at

liberty to prohibit the shipment of rice and other grain from such district.

'J’HE BRITISH COMMERCIAL TREA TY WITH CHINA 11

Should any vessel specially chartered to load rice or grain previously contracted

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

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

cargo.

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

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

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

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

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

if so, the quantity shall be named.

Such rice shall not he included in the prohibition, and the Customs shall keep a-

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

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

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

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

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

Similarly, notifications of the removals of prohibitions shall be made by t he 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 fevisibn of the Tariff at the end of 10 years; but if no demand be made

on either side within 0 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 concision which China may hereafter accord to articles of the produce

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

of the produce or 'manufacture of His Britannic Majesty’s Dominions by whomsoever

imported.

Treaties already existing between the United Kingdom and China shall continue

in force in so far as they are not abrogated or modified by stipulations of the present

Treaty.

Art. XVI.—The English and Chinese Texts of the present Treaty have been care-

fully compared, but in the event of there being any difference of meaning between

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

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

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

he exchanged at Peking within a year from this day of signature.

In token whereof the respective Plenipotentiaries have signed and sealed this

Treaty, two copies in English and two in Chinese.

Done at Shanghai this fifth day of September in the year of Our Lord, 1902,

corresponding with the Chinese date, the fourth day of the eighth moon of the twenty-

eighth year of Kwang Hsu.

[n.s.j Jas. L. Mack at.

Annex A.—(1)

(Translation)

Du, President of the Board of Works ;

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

Works ;

Imperial Chinese Commissioners for dealing with questions connected with the

Commercial Treaties, to

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

•eussion of Treaty matters.

12 BRITISH COMMERCIAL TREATY WITH CHI&A

Shanghai : K. H. XXVTFL, 7th moon, 11th clay

(Received August 15, 1902>

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

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

Clause II. mutually agi'eed 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 theformermust be

“ made good.”

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

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 IL 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 suchJweight 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 hecbme 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, wliatever that may be.

I have the honour to be,

Gentlemen,

Your obedient Servant,

Their Excellen6ies (Signed) Jas. L. Mackay.

Lu Hai-huan and Sheng Hsuan-huai,

etc., etc., , etc. ,,

: Annex B-e-(l)

(Translation)

Lu, President of the Board of Works ;

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

Works;

Imperial Chinese Commissioners for dealing with questions connected with the

Commercial Treaties, to

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

Shanghai, September 2nd, 1902.

We have the honour to inform you that on the 22nd of August, we, in conjunction

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

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

Throne :—

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

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

“Government, and the balance is reserved for the local expenditure of the Provinces

“ concerned.

. THE BKITISH COMMERCIAL TREATY- WITH! CHINA

“In the negotiations now being conducted with Great Britain for the amendment

“ of the Commercial Treaties, a mutual arrangement has been come to providing for

“ the imposition of additional taxes, in compensation for the abolition of all kinds of

“lekin and other imposts on goods, prohibited by Article VIII. After payment of

“interest and sinking fund on the existing foreign loan, to the extent to which lekin

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

“to make up deficiencies and replace revenue, in order that no hardships may be

“ entailed on them. With a view to preserving the original intention underlying the

“proposal to increase the duties in compensation for the loss of revenue derived from

“ lekin and other imposts on goods, it is further stipulated that: the surtaxes shall not

“ be appropriated for other purposes, shall not form part of the Imperial Maritime

“ 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 but what

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

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

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

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

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

“ all.”

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

was issued, and we now do ourselves the honour reverently to transcribe the same

for your information.

, Annex B—(2)

Shanghai,-September 5th, 1902.

Gentlemen,

I have the honour to acknowledge the receipt of your despatch of the 2nd instant

forwarding the text of the Memorial and Decree dealing with the disposal of the

surtaxes.

I understand that the surtaxes in addition to nof;'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 loiiii.

I also .understand from the Memorial that the whole of the surtaxes provided by

Article VIII. of the New Treaty goes to the Provinces in proportions to be. agreed

upon between them and the Board of Eevenue, but that out o| these surtaxes each

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

hitherto remitted but of its' lelcin collections, and that* the. Provinces also provide as

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

foreign loan to which lekin\& partly pledged.

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

agree to this correspondence

;

forming part of the Treaty as an Annex.

T have the. honouf to be,

,. .,v , . Ggutlemen, . , . ,

■ : • Your obedient servant,

(Signed) Lys. L. Mackyy,

Their Excellencies,

, Lu, DAr-nyAN-and JS.he.no Dsuyn-hetai,

oifj oJ oi etc., etc., etc.

14 THE BRITISH COMMERCIAL TREATY WITH CHINA

Annex B—(3)

(Translation)

Lu, President of the Board of Works;

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

Works;

Imperial Chinese Commissioners for dealing with questions connected with the

Commercial Treaties, to

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

Shanghai, September 5th, 1902.

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

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

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

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

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

retransmission by them of such portions thereof as would have to be remitted to

Peking in place of the contributions hitherto payable out of lekin revenue. The

amount, therefore, of the allocation due to the Provinces, arranged between them and

the Hoard of Revenue, will be retained in the hands of the Maritime Customs, who

will await the instructions of the Provinces in regard to the remittance of such

portion thereof as may be necessary to fulfil their obligations, and (on receipt of

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

to the order of the Provinces.

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

procedure will be adopted.

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

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

Annex C

INLAND WATERS STEAM NAVIGATION

Additional Rules

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

banks of waterways from Chinese subjects for a term not exceeding 25 years, with

option of renewal on terms to be mutually arranged. In cases where British mer-

chants are unable to secure warehouses and jetties from Chinese subjects on satis-

factory terms, the local officials, after consultation with the Minister of Commerce,

shall arrange to provide these on renewable lease as above mentioned at current

equitable rates.

2. —Jetties shall only be erected in such positions that the

inland waterway or interfere with navigation, and with the sanction of the nearest

Commissioner of Customs ; such sanction, however, shall not be arbitrarily withheld.

3. —British merchants shall pay taxes and contributions on

jetties on the same footing as Chinese proprietors of similar properties in the neigh-

bourhood. British merchants may only employ Chinese agents and staff to reside in

warehouses so leased at places touched at by steamers engaged in inland traffic to

carry on their business; but British merchants may visit these places from time to

time to look after their affairs. The existing rights of Chinese jurisdiction over

Chinese subjects shall not by reason of this clause be diminished or interfered with

in any way.

4. —Steam vessels navigating the inland waterways of Chin

for loss caused to riparian proprietors by damage which they may do to the banks

THE BRITISH COMMERCIAL TREATY WITH CHINA

or works on them and for the loss which may be caused by such damage. In the

event of China desiring to prohibit the use of some particular shallow waterway by

launches, because there is reason to fear that the use of it by them would be likely

to injure the banks and cause damage to the adjoining country, the British

authorities, when appealed tp,. shall, if satisfied of the validity of the objection,

prohibit the use ©f that waterway by- British launches, provided that Chinese

launches are also prohibited from using it.

Both Foreign and Chinese launches are prohibited from crossing dams and weira

at present in existence on inland waterways where they are likely to cause injury to

such works, which would be detrimental to the water service of the local people.

5. —The main object of the British Government in desiring to see the

waterways of China opened to steam navigation being to afford facilities for the rapid

transport of both foreign and native merchandise, they undertake to offer no impedi-

ment to the transfer to a Chinese company and the Chinese flag of any British

steamer which may now or hereafter be employed on the inland waters of China

should the owner be willing to make the transfer.

In event of a Chinese company registered under Chinese law being formed to run

steamers on the inland waters of China the fact of British subjects holding shares in

such a company shall not entitle the steamers to fly the British flag.

6. —Registered steamers and their tows are forbidden, just as junks have

been forbidden, to carry contraband goods. Infraction of this rule will entail the

penalties prescribed in the Treaties for such an offence, and cancellation of the Inland

Waters Navigation Certificate carried by the vessels, which will be prohibited from

thereafter plying on inland waters.

7. As it is desirable that the people living inland should be disturbed as little

as possible by the advent of steam vessels to which they are not accustomed, inland

waters not hitherto frequented by steamers shall be opened as gradually as inay be

convenient to merchants and only as. the owners of steamers may see prospects of:

remunerative trade.

In cases where it is intended to run steam vessels on waterways on which such

vessels have not hitherto run, intimation shall be made to the Commissioner of

Customs at the nearest open port who shall report the matter to the Ministers of

Commerce. The latter, in conjunction with the Governor-General or Governor of

the Province, after careful consideration of all the circumstances of the case, shall at

once give their approval.

8. —A registered steamer may ply within the waters of a port, or from on

port or ports to another open port or ports, or from one open port or ports of

places inland, and thence back to such port or ports. She may, on making due

report to the Customs, land or ship passengers or cargo at any recognised places of

trade passed in the course of the voyage; but may not ply between inland places

exclusively except with the consent of the Chinese Government.

9. —Any cargo and passenger boats may be towed by steamers. The he

and crew of any boat towed shall be Chinese. All boats, irrespective of ownership,

must be registered before they can proceed inland.

10. —These Rules are supplementary to the Inland Steam Navigation R

of July and September, 1898. The latter, where untouched by the present Rules,

remain in full force and effect; but the present Rules hold in the case of such of the

former Regulations as the present Rules affect. The present Rules, and the

Regulations of July and September, 1898, to which they are supplementary, are

provisional and may be modified, as circumstances require, by mutual consent.

Done at Shanghai this fifth day of September, in the year of Our Lord, 1902,

corresponding with the Chinese date, the fourth day of the eighth moon of the

twenty-eighth year of Kwang Hsu.

[l.s.] Jas. L. Mackay.

REGULATIONS UNDER WHICH BRITISH TRADE IS

TO BE CONDUCTED IN KOREA (CHOSEN)

, L—Entrance and Clearance of Vessels

1. —Within forty-eight lioura (exclusive of Sundays arid holidays). after the

arrival of a British ship in a Korean port, the master shall deliver to the Korean

Customs authorities the receipt of the British Consul showing thathe has deposited

the ship’s papers at the British Consulate, and he shall then make ah entry of this

ship 1by handing in a written y paper stating the name of (he ship, of the port from

which phe comes, of her master, the number, and, if required, the names of her

passengers,' her tonnage, and the number of her crew, which paper shall be certified

by the master to he 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. Thd master shall

certify that this description is correct, and shall sign his name to the @athe. 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 t« 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, yvithout the

payment of any fee ; but for alteration or pbst entry to the manifest made after

that time a fee of Five Mexican Dollars shall be paid.

•3'.'—Any master who shall neglect to enter his vessel at the Korean Custom-house

within the time fixed by this Regulation shall pay a penalty not exceeding Fifty

Mexican Dollars for every twenty-four hours that he shall so neglect to enter his ship.

4.—-Any British vessel which remains in port for less than forty-eight hours

(exclusive of Sundays and holidays) and does not open her hatches, also any vessel

driven into port by stress of weather, or only in want of supplies, shall not be required

to enter or pay tonnage dues so long as such vessel does not engage in trade.

fi.—Whqn the, master of a, vessel, wishes to clear, he1 shall hand in to, the Customs

authorities an export manifest containing , similar particulars to, these given in the

import manifest. The Customs authorities will then issue a clearance certificate and

return the Consul’s receipt fqr the ship’s papers. These documents must be handed ,

into the. Consulate before the ship's papers are returned to the, master.

6. -—Should atiy ship leave tbe port without clearihg biitwar^

above prescribed, the master’shall he liahle to a penalty notbxceeding Two'Hundred

Mexican Dollars. " , '

7. —British steamets 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 TBADE WITH KOREA 17

II.—Landing and Shipping Cargo and Payment, pf Ltytiejs'

1.—The importer of any "oods who desires to land thejn shall make and sign an

application to that effect at the Custom-hense, stating his o\vn name, the name of the

ship in which the goods have been imported, the inarks, numbers, and contents of the

packages and their values, and declaring that thiS statehient is correct. The Customs

.authorities may demand the production of tlxfe invoice of each l!cdh'signment of

^merchandise. If it is not produced, or if its absence is lidt Satisfactorily accounted for

•the owner shall be allowed to land his goods brt p'aylhent of double the Tariff duty,,

but the surplus duty so levied shall be refunded pn the production of.the invoice.

3. -7-All goods so entered may b«- examined iby the Customs officers of th

appointed for the purpose. Such examination shall be made without delay or injury

•to the merchandise, and the packages shall be at pnCe re-sorted by the Customs

-authorities to their original condition, in so far as may be practicable.

•3.-^Shoul'd the Customs authorities' borisider the ' value of any goods paying an

■ad valorem duty a^ declared by the importer or exporter insufficient, they shall call

upon him to pay duty on the value determined by an appraisement to be made by the

•Customs appraiser. But should the importer or exporter be dissatisfied with that

.appraisement,‘he sha]l within twenty-four hours (exclusive of Sundays and holidays)

•statodiis reasons for such dissatisfaction to]the Commissioner of Customs',iand shall

apfiOint an appraiser of ins own. to make a fe-appraiseinent. He shall then declEwn

the value Of the 'gbod& as determined by such re-appraisement. The Commissioner

•of Customs will thereupon, at his ‘option, either assbss the duty on the value deter-'

•mined by this re-appraisement,-, or -will purchase* theigcods from the importer or

exporter,

latter casep,t the

the purchase

. piiee thtmmoney

determined,

shall be with

paid the addition

to the of! five

importer per bent.within

or exporter In five

the

. -days from the date on which he has declared the value determined by bis own

.appraiser.

4. —Upon all 'gbb’ds daniiiged on the voyage of importation a fair (red

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

to the amount of such reduction,., they shall be settled ip the mapner ;pointed put in

•the preceding clause.

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

house before they arp shipped. The application to ship shall he made in writing, and

■shall state the name of the vessel by which the goods are to be exported, the marks

and number of the packages, andtthe quantity, description, and value of the contents.

The exporter shall certify in writing that the application gives a true account of all

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

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

Korean Customs authorities, or between the hours of sunset and sunrise, or on Sundays

or holidays, without the special permission of the Customs authorities, who will be

-entitled to reasonable fees for the extra duty thus performed.

7. —Claims by importers or exporters for duties paid in excess, or by the

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

made within thirty days from the date of payment.

8. —No entry" will be required in the case of provisions for the use o

•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 w

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

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

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

;paid on the portion so disposed of.

18 REGMJLA'flONS FOR BRITISH TRADE WITH KOREA

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

authorities before doing so.

,' III.—Protection of the Revenue

1. —The Customs authorities shall have the right to place Cu

board any British merchant vessel in their ports. All such Customs officers shall have

access to all parts of the ship in which cargo is stowed. They shall be treated with

civility, and such reasonable accommodation shall be allowed to them as the ship affords.

2. —The hatches and all other places of entrance into that part o

c irgo is stowed may be secured by the Korean Customs officers between the hours of

sunset and sunrise, and on Sundays and holidays, by affixing seals, locks, or other

fastenings, and if any person shall, without due permission, wilfully open any entrance

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

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

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

Dollars.

3. —Any British subject wbo ships, or attempts to ship, or discha

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 talue of such goods, and the goods shall be confiscated.

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

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 wh

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

Mexican Dollars.

Note.—All documents required by these Regulations, and all other communication m

addressed to the Korean Customs authorities, may be written in the English language*

[l.s.] Harry S. Parkes.

„ Min Yong-w.ok.

TREATIES WITH JAPAN

GREAT BRITAIN

TREATY OE COMMERCE AND NAVIGATION BETWEEN

GREAT BRITAIN AND JAPAN

Signed at London, 16th July, 1894

Ratifications Exchanged at Tokyo, 25th August, 1894

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

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

-of maintaining the relations of good understanding which happily exist between

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

-and being convinced that this object cannot better be accomplished than by revising

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

such a revision, based upon principles of equity and mutual benefit, and, for that

/purpose, have named as their Plenipotentiaries, that is to say

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

Empress of India, the Right Honourable John, Earl of Kimberley, Knight of the

Most Noble Order of the Garter, etc., etc., Her Britannic Majesty’s Secretary of

’State for Foreign Affairs ;

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

of the Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary

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

Who, after having communicated to each other their full powers, found to be

in good and due form, have agreed upon and concluded the following Articles :—

Article I.—The subjects of each of the two high contracting parties shall have

full liberty to enter, travel, or reside in any part of the dominions and possessions

of the other contracting party, and shall enjoy full and perfect protection for their

persons and property.

They shall have free and easy access to the Courts of Justice in pursuit and

defence of their rights; they shall be at liberty equally with native subjects to

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

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

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

■^native subjects.

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

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

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

lawfully acquire, the subjects of each contracting party shall enjoy in the dominions

and possessions of the other the same privileges, liberties, and rights, and shall be

subject to no higher imposts, or charges in these respects than native subjects, or

subjects or citizens of the most favoured nation. The subjects of each of the

contracting parties shall enjoy in the dominions and possessions of the other entire

liberty of conscience, and, subject to the Laws, Ordinances, and Regulations, shall

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

burying their respective countrymen, according to their religious customs, in such

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

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

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

♦subjects or citizens of most favoured nation.

20 TREATY BETWEEN GREAT BRITAIN AND JAPAN

Artieie n.—The subjects of either of the contracting parties residing in the-

dominions and possessions of the other shall be exempted from all compulsory

military service whatsoever, whether in the army, n^vy, national guards, or militia,-

from all contributions imposed inJlied oi'perSohar service; and from all forced loan

or military exactions or contributions.

Article III.—There shall be reciprocal freedom of .ooipmeroe .and navigation

between thd domlhidnA and^possesSions of fhe two high contracting'parties.

The subjects ,of e&ohipf ithe high contracting parties; may'ftrade in any part of

the dominions and possessions of the other by wholesale or retail in all kinds of

produce, manufactures, and merchandise of lawful commerce, either in person or by

agents, singly, or in partnership with foreigners or native subjects: and they may

there own or hire and occupy the houses, manufactories, warehouses, shops, and:

premises which may he necessary for them, and lease land for residential and

commercial purposes, conforming themselves to the Laws, Police, and Customs*

Eegulations of the country like native subjects.

They shall have liberty‘to come with their ships and cargoes to all places, ports,

and rivers in the dominions and possessions of the other which are or may be

opened to foreign commerce, and shall enjoy, respectively, the same treatment, in

matters of commerce and navigation, as native subjects, or subjects orcitiaens of the

most favoured nation, without having to pay taxes, imposts, or duties, of whatever

nature or under whatever denomination levied in the name or for the profit of

the Government, public functionaries, private individuals, corporations, or establish-

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

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

Regulations of eaclx country. . ’ :

Article TV.—The dwellings, manufactories, warehouses,, and shops of; the-

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

of the other, and all premises appertaining fhereto destined for purposes of fesidence

or commerce, shall be respected.

It shall not be allowable to proceed to make a search of, of a domiciliary visit to,,

such dwellings and premiiesi'of to examine Or intspfect 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 arid possessiofiS of Her. Bfitahnic Majesty Of1 any artMe, the prodii'ce-

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 arid possessions of His Majesty the Empefor of

:Japan of any article, the produce or manufacture of the dominions and possessions

bf Her Britannic Majesty,' from whatever place arriving than oh the like article-

produced or manufactured in any other' foreign country; hbr shall any prohibition

be maintained or imposed on the importation of any article, the produce or

manufacture of the doiniriions and possessions of either Of the high contracting

parties, into the dominions arid possessions of the! othet,' 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 ^ arid 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 arid possessions of the other than such as are,

or may be, payable oh 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 cbritraOtirig 1parties to the

dominions and possessions of the other which shall riot 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'' CrREAT BRfTAr.Y AND JAPAN 21

in the dominions aoid jios'sessiofie of^the other ex4ihptions from al^ transit' duties-

and a perfect' equality of treatmeht with native SuBjefets in all that relates to

warehousing, bounties, facilities, and drawbacks:

Article VllfAll articles -vvhich' are or may be legally imported into the ports-

of the dominions and possessions of His Majesty the Eihjperor of Japan in Japhridse

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

liable to any other Or higher duties Br charges 6f whatever denomination than if sikch

articles were imported in Japanese Vessels ; and, reciprbeally, all articles which are' or

may be legally imported into thd’ ports of the dottunions attd possessions nf Her

Britannic Majesty in'British'vessels may likewise bfe imported into tho&e' ports in

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

whatever denominatibn than if stjCh articles'were imported in British Vessels. Such

reciprocal equality of treatment shall take effect without distinction, whether sheh

articles cbme directly from thd place bf origin or from any other places.

fn the Same manner there Shall be perfect equality of treatment in regard to

exporta tion, so’ that the saihte 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 oh'the exportation of .any artible; which is or may lie legally exported

therefrom, whether such exportation shall 'take plabe in JapanbSe or in British

vessels, and Whatever may he the place1 of destination, whether a port'of either or

the contracting parties or Of any thifd Power.

‘ Article TX.-—No duties of tonnage, harbphr, ‘pilotages: lighthouse,' quarantine,

or other similar op corresponding dttties Of whatever nature or under whatever

denominatioh, 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 n'atiofiar vessels in general, or vessels of the most

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

respective vessels, frOm whatever pbrt or place they may arrive, and whatever may

be their place of, destination.

Article! X.—-In all that regards the stationing, loading, and unloading s0f vessels-

in the ports, basins, docks, roadsteads, harbours, or rivers of the dbminion’S and

possessions of rtie ttpo countries, To privileges shall be granted to national Vessels

which shall nop be equally granted to vessels of'thei Other ’coUntjrypthe intention of

the high co’fit'Xadting parties being that in this’ respect also the respective vesspls

shall be tre^ted on the footing of perfect e(jnniity/

Article XI.—The coasting trade of both the’' high cOrittaOting, parties is

excepted from the provisions Of the'present Treaty, and shall be Regulated according

to the Laws, Ordinances, and, Hegulations'Of Japan and OfiGfbaft Britain Respec-

tively. It is, however, understood that Japanese subjects in tbe do itlinions and

possessions of Her Britannic Majesty and British' subjects" iii 'the dominions and

possessions of His ' Majesty, the Empferof Of Japan SMIl 'enjdy in this rbsf)ect the

rights which are,or may be granted .under such Laws, Ordinances, ^jad Regulations

to the subjects Or'citizens of'any'other country.

A Japanese vessel ladeh1 in a foi^ignmonritry with cargo destined fqr two or

more ports in the dominions and possessions'Of Het BritahUic Maj'esty and, a British

vessel laden in a foreign cOuhtry with cafgO'destined; fof twb'Or mbre ports in the

dominions and possessions'of His Majesty the Emperor of5 Japan may' discharge a

portion of her ,gargo at one port, and continue her voyqge tb‘the other port or ports

of destination'where foreign-trade'is'Tofmitted, for the purpose'Of landing the

remainder Of her Original cargo theRe;'shbject always "to' the Laws and 'Cnstom-

house Regulation V Of the two rtmnti-ies,

The Japaae'se 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, eXfoeptirig to Or from the ports of

Osaka, Niigata, and Ebisu-minatO.

2-1 TREAT ¥ BETWEEN GrKEAT BRITAIN AND JAPAN

Article XII.—Any sbij. 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 proenre all .necessary supplies,, and to put to sea again, without paying

any dues other than such as would be payable by national vessels. In case, how-

over, 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, die shall be bound to conform to

. the Regulations and Tariffs of the place to which he may have.cojne.

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, Yice-Consul, or Consular Agent of the district

.-of the occurrence, or, if there be no such Consular ofjicey, they shall inform the

Consul-General, Covisul, Vice-Consul, or Consular Agent o£ the nearest district.

All proceedings relative to the salvage pf Japanese vessels, wrecked or cast on

shore in the, territorial waters of Her Britannic Majesty shall take place in accordance

with the Laws, Ordinances, anj 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 Bmperor of Japan shall take place in accordance

with the Laws, Ordinances, and Regulations of Japan.

Such stranded or wrecked ship or vessel, and all parts therepf, and all furniture,

and appurtenances belonging thereunto, and all goods and merchandise saved

.therefrom, including those which may have been cast into The sea, or the proceeds

thereof, if sold, as well as all papers found on hoard sucl^, . stranded or wrecked, ship

or vessel, shall be given up to the owner's 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

churned by them, witlrin. the. peripd ,fi^ed by tire laws of. the country, and such

Consular officers, owners,, or agents shall pay pnly the expenses incurred in the

preservation of the property, together with the salvage or other expenses which

would have been payable in tbe case of a wreck of a national vessel.

The goods and merchandise saved from the wreck shall be exempt from all tbe

duties of Customs unless cleared tor 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 npt present, to lend their official

.assistance in order to afford the necessary assistance to the subjects pf the respective

States. The. same rule shall apply in case the owner, master, or other agent is

present, but requires such assistance to be given.

Article XIII.—All vessels which, according to Japanese law, are to be deemed

.Japanese vessels, and all vessels vybich, according to British law, are to be deemed

British vessels, shall, for the purposes of this Treaty, be deemed Japanese and

British vessels respectively.

Article XIV.—The Consuls-General, Consuls, Vice-Consuls, and Consular Agents

of each of the contracting parties, residing in the dominions; and possessions of the

other, shall receive from the local authorities such assistance as can by law be given

to them for the recovery of deserters from the vessels of their respective countries.

It is understood that this stipulation shall not apply to the subjects of, the

country where the desertion takes place.

Article XV.—The high contracting parties agree that, in all that concerns

commerce and navigation, any privilege, favour, or immunity which either contract-

ing party has actually granted, or may hereafter grant to the Government, ships,

subjects, or citizens of any other State, shall be extended immediately and uncondi-

tionally to the Government, ships, subjects, or citizens of the other contracting

party, it being their intention that the trade and navigation of each country shall

-•be placed, in all respects, by the other on the footing of the most, favoured nation.

TKEATY BtfTWEESN GREAT BRITAIN AND JAPAN 2»

Article XVL—Each of the high contracting parties may appoint Consuls-

General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents in all the ports,

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

recognize such officers.

This exception, however, shall nothe made in regard to one of the contracting

parties without being made likeAvise in regard to every other Power.

The Consuls-Generai, Consuls, Vice-Consuls, Pro-Consjlls, and Consular Agents

may exercise all functions, and shall eiijoy all privileges, exemptions, and immunities

which are or may hereafter be granted to Consular officers of the most favoured nation.

Article XVII.—The subjects of each of the high contracting parties shall

enjoy in the dominions and possessions of the other the same protection as native

subjects in regard to patents, trade marks, and designs, upon fulfilment of the

formalities prescribed by law.

* Article XVIII.—Her Britannic Majesty’s Government, so far as they are

concerned, give their consent to the following arrangement;—«

The several foreign Settlements in Japan shall be incorporated with the

respective Japanese Communes, and shall thenceforth form part of the general

municipal system of Japan.

The competent Japanese authorities shall thereupon assume all municipal obliga-

tions and duties in respect thereof, and the common funds and property, if any, be-

longing to such Settlements, shall at the sathe time be transferred to the said Japanese

authorities.

When such incorporation takes place existing leases in perpetuity under which

property is now held in the said Settlements shall be confirmed, and no conditions-

whatsoever other than those contained in such existing leases shall be imposed in

respect of such property. It is, however, understood that the Consular authorities

mentioned in the same are in all cases to be replaced by the Japanese authorities.

All lands which may previously have been granted by the Japanese Government

free of rent for the public purposes of the said Settlements shall, subject to the

right of eminent domain, be permanently reserved free of all taxes and charges for

the public purposes for which they were originally set apart.

Article XIX.—The stipulations of the present Treaty shall be applicable, so

far as the laws permit, to all the Colonies and foreign possessions of Her Britannic-

Majesty, excepting to those hereinafter named, that is to say, except to—

India. South Australia. Queensland. New South Wales

The Cape. +The Dominion of Canady. Western Australia. Tasmania.

Victoria. Natal. Newfoundland. New Zealand.

Provided always that the stipulations of the present Treaty shall be made-

applicable to any of the above-named Colonies or foreign possessions on whose behalf

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

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

exchange of ratifications of the present Treaty.

Great* Owing

clause with

to France

Britain,regardserious and

difference

Germany

to leasesFrance

of opinion

of the which

held inandperpetuity, other arose between Japan

part regarding

an Arbitration

of the one partof this

the interpretation

Tribunal wasM.appointed.

and

The

Governments

Professor of Germany, Great Britain named as Arbitrator Louis Renault,.

Affairs,

and andof Law

Minister Japan in the University

named

Plenipotentiary His

of Paris

as ofArbitrator Hisand

Majesty the

Legal Adviser

Excellency

Emperor Itchiro

toMotono,

the Department

Japan, at EnvoyDoctor

Paris,

of Foreign

Extraordinary

of Law.as

M. GregersThe

Umpire. Gram, formerly

.Tribunal sat Norwegian

at The Minister

Hague, and of May

on State,22nd,

was 1905,

chosendecided

by thebyArbitrators

a majority of

votes

the and declared

Protocols that: “The

ofonArbitration precisions

exempt not onlyofofthe

the land

Treaties and

heldthey other engagements

in exempt

virtue ofthetheland

leases inmentioned

perpetuityinof

granted

every by or

description behalf of the Government

constructedororconditions Japan,

which maywhatsoever, but

hereafter beother

constructed on suchexpresslyand buildings

land fromstipulated

all imposts,ira.,.

taxes, charges,

the leases in contributions

question.” Mr. Motono recorded his entire than those

disagreement with the decision.

this tTreaty

On January 31st,to1906,

applicable an agreement

the Dominioii was signed in Tokyo making the Stipulations

of Canada.

24 TEEATY, BETWEEN GREAT BRITAIN AND JAPAN

Article XX.r—The present Treaty shall, from the date it comes into force, he

substituted in place of the Conventions respectively of the S3rd 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 Angust, 1858, and all Arrangements

and Agreements subsidiary thereto concluded or existing between the high con-

tracting parties; aud 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

alter its signature. It shall come into foreopne 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 Horn the date it goes into, operation.

... Hither, high contracting party shall haye.;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 intent ion 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 tbe ratifications thereof

snail be. exchanged at Tolcyo iis soon as possible;.and not, lafer :than six months from

the present,dafe. ;. , , -r, .

In witness whereof the respective Plenipotentiaries have signed.the. same and

have; affixed thereto the seal of their arms.

■Done at London, in duplicate, this sixteenth, day of ;the: seventh mouth of the

twenty-seventh'year of jMeijto , .<

[A.s.j Kimberley.

A OK I.

‘ Protocol '

The Government of Her Majesty tiie Queen of Gfe'at Britain, atid Ireland and

Empress of India, and tfie QovernViient of His Majesty the Empefor'of Japan, deeming

it advisable in the interests of both. countries to regulate certain special matters of

mutual concern, apart'from the Treaty of Cdiiiiiiefce and Hitoigatioh signed thip day,

have,1 through ffieir respective ' Plemppiefftikide^,. agreed J'upoij the ‘Allowing stipula-

tions:—

1.—It is agreed by the contracting parties^ that one month after the exchange

of the ratifications of the Treaty of .Oommeimand Navigation signed this;.day, the

Import Tariff hereunto: annexed shall,' subject to the provisions of Article XXII1. of

the; Treaty of'T8tfi8 at present' subsisting between the cbtltraet’ing 'parties, as long

as the said Treaty toihaihs in fofcb laid'tliefeafter, subject'to tlie provisions of

Artules. Y. apd, XV. ofihe Treaty, signed this day, be applicable to.tfie Articles

therein enumerated;1 being the growth, ’ produce, or manufacture of the dominions

and possessions of Her Britannic Majesty, upon importation into Japan. But

notliiu^ eontaihed in this Protocol, of thp Tariff hetounto annexed, shall be held to

limit or qualify the right of the Japanese Goyerijment to restrict .or to' prohibit

the importation of adulterated drugs, medicines, J:ood, or., beyerages, indecent, or

obscene prints, paintings, books, cards, lithograplne or other engravings, photographs^

or any other indecent or obscene articles; articles in violation of patent, trade-mark,

or copy-right lawfiof Japan, or any'other article which fhr sanita'ry reasons, Or in

view of public'security

TREATY BETWEEN GREAT BRITAIN AND JAPAN 2&

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, heJ concluded betw^p. the, two Governmepts within six pophs from the

date of this Protocol; th4 ifi^iiim 'prices, as shown by the J'a'panese Cttstoiis.

Returns during thes six calenda^ months preceding; the date of the present Protocol,

with the addition'of the cost bf 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

Suppiementary 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 in5 fore© shall, from the same time, apply, subject,

as aforesaid, to the provisions; of Article XXIII. of . the Treaty of , 1858 and Articles

V. and XV. of the Treaty signeh this (day, respectively.

Prom the date the Tariffs aforesaid take effect, the Import tariff now in opera-

tion in Japan in respect of goods and merchandise imported into Japan" by British

subjects shall cease to be binding;

In all other respects the stipulations of the existing Treaties and Conventions

shall be maintained unconditionally until the time when the Treaty of Commerce

and, Navigation signed this day comes into force.

■2.'—The Japanese Government., pending the opening of the country to British

subjects, agrees to extend the existing passport system in such a manner as to allow

British subjects, on the production of a certificate of recommendation from the

British Representative in Tokyo; or from any of Her Majesty’s Consols at the open

ports in Japan, to obtain upon application passports available for any part of the

country, and for any period hot 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 tlfe interior of the Empire are to be maintained.

3. —The Japanese Government , undertakes, before the cessatio

Consular jurisdiction in Japan, to join the Internakionaj .Conventions for the Pro-

tection of Industrial Property and Copyright.

4. —It is understood'betwbeir thh'fwo" high contracting parties t

thinks it necessary at anytime to levy an addifimial ddty bn the pi-odiiCtibh 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 cpntinqea to-,be;raised. ;

Provided always that British refined sugar shall in this respect be entitled to

the treatment accorded to reined sugar; being the, produce, or manufacture pf the

mostfavourednation.

5. —The undersigned Plenipotentiaries have agreed: thht this Pro

submitted to the two high contraetjug parties at the-,aanfe time as, the Treaty of

Commerce an ^Navigation signed this day, and that when the said Treaty is ratified

the agreements contained in.j.the .Protocol, shall also jeqiially .be> considered as

approved, without the necessity of a further formal ratification.

It is agreed that tips Protocol shall terminate at the same time the said Treaty

ceases to be binding. , '

In witness, whereof the respective Plenipotentiaries have signe^ the satee,.and

have affixed thereto the,seal,of their arms.

Done at Jbqndon, in duplicate, this sixteenth day ,of July, in the year bf eur

Lord one thousand eight.hnndred and-ninfety-four.

[n.S.] KlMBEtaLTEY. 1 Aoki.

TREATY OF COMMERCE AND NAVIGATION BETWEEN

GREAT BRITAIN AND JAPAN

Signed at London, 3rd Ai>ril, 1911

Preamble

His Majesty the Emperor of Japan and His Majesty the King of the United

Kingdom of Great Britain and Ireland and of the British Dominions beyond the

Seas, Emperor of India, being desirous to strengthen the relations of amity and

good understanding which happily exist between them and between their subjects,

and to facilitate and extend the commercial relations between their two countries,

have resolved to conclude a Treaty of Commerce and Navigation for that purpose,

and have named as their Plenipotentiaries, that is to say:

His Majesty the Emperor of japan, His Excellency Monsieur Takaaki Kato,

Jusammi, First Class of the Order of the Sacx-ed Treasure, His Imjterial Majesty’s

Ambassador Extraordinary and Plenipotentiary at the Court of St. James; and His

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

British Dominions beyond the Seas, Emperor of India, the Right Honourable Sir

Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His

Majesty’s Principal Secretary of State for Foreign Affairs; who, after having com-

municated to each other thieir respective full powers, found to be in good and due

form, have agreed upon the following Articles:—

Art. I.— The subjects of each of the high contracting parties shall have full

liberty to enter, travel, and reside in the territories of the other, and, conforming

themselves to the laws of the country— '

1. —Shall in all that relates to travel and residence be pl

the same footing, as native subjects.

2. —They shall have the right, equally with native sub

commerce and manufacture, and to trade in all kinds of merchandise of lawful com-

merce, either in person or by agents, singly or in partnerships with foreigners or

native subjects.

3. -—They shall in all that relates to the pursuit of their i

fessions, and educational studies be placed in all respects on the same footing as the

subjects or citizens of the most favoured nation.

4. —They shall be permitted to own or hire and occupy

warehouses, shops, and premised which may he necessary for them, and to lease

land for residential, coufmercial, industrial, and other lawful purposes, in the same

manner as native subjects.

5. —They shall, on condition of reciprocity, be at full

■possess every description of property, movable or immovable, which the laws of the

•country permit or shall permit the subjects or citizens of any other foreign country

to acquire and possess, subject always to the conditions and limitations prescribed in

such laws. They may dispose of the same by sale, exchange, gift, marriage, testa-

ment, or in any other manner, under’the same conditions which are oi shall be estab-

lished with regard to native subjects* They shall also be permitted, on compliance

TREATY OF (COMMERCE AND NAVIGATION 27-

with the laws of the country,’freely to export the proceeds of the sale of their pro-

perty and their goods in general without being subjected as foreigners to Other or

higher duties that those to which subjects of the country would be liable under

similar circumstances.

6. —They shall enjoy constant and complete protection and security fo

persons and property; shall have free and easy access to! the Courts of Justice and

other tribunals in pursuit and defence of their claims and rights ; and shall have full

liberty, equally with native subjects, to choose and entiploy lawyers and advocates to

represent them before such Courts and tribunals; and generally shall have the same

rights and privileges as native subjects in all that concerns the administration-

of justice.

7. —They shall not be compelled to pay taxes, fees, charges, or contribut

any kind whatever other or higher than those which are or may be paid by native-

subjects or the subjects or citizens of the most favoured nation.

8. —And they shall enjoy a, perfect .equality of treatment with native sub

all that relates to facilities for warehousing under bond, bounties' and drawbacks.

Art. II.—The subjects of each of the high contracting parties in the territories:

of the other shall be exempted from all compulsory military services, whether in. the-

army, navy, national guard, or militia; from all contributions impose i in lieu ol

personal service; and from all forced loans attd military requisitions dr contributions

unless imposed on them equally with native1 subjects as oWfiers, 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 aceoi'ded 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 to, or a search pf, any such-

buildings and premises, or to examine of ‘Inspect books, papers; of accounts, except

under the conditions and with the forins prescribed by the laws for native subjects.

Art. IV.—Each of the high contracting parties may appoint Consuls-General,

Consuls, Vice-Consuls, and Consular Agents in all pofts, cities; and places of the-

other, except in those where it may not bo convenient- to recognise such officers.

This exception, however, shall not be made in regard to one of the high contracting

parties without being made likewise in regard to all other Powers.

Such ConSuls-General, Consuls, Vice-Consuls, and Consular Agents, having re-

ceived exequaturs Or Other sufficient authorisations from the Government of the

country to which they are appointed; shall have the right to exercise their functions*

and to enjoy the privileges, exemptions, and immunities which are or may be granted

to the Consular officers of the most favoured nation. The Government issuiugex-

equaturs or other authorisations has the right in its discretion tq. cancel the same on

explaining the reasons for which it is thought proper to (Jo so.

. Art. V>r—In case of the death of a subject of one of the high contracting

parties in the territories pf the other, without leaving at the place of his decease any

person entitled by the laws of his country to take charge of and administer the

estate, the competent Consular officer of the State to which the deceased belonged

shall, upon fulfilment of the necessary formalities, be empowered to take custody of

and administer the estate in the manner and under the limitations prescribed by the

law of the country in which the property of-the deceased is situated.

The foregoing provision shall also apply in case of a subject of one of the high

contracting parties dying outside the'territories of the other, but possessing property

therein, without leaving any person there entitled to take charge of and administer

the estate.

28 BETWKKN GREAT BEITAIN AND JAPAN

It is understood that in all that concerns the administration of tho estates of

depeased. persons, any right, privilege, favour, or imnaunity which either .of the high

contracting parties has actually granted, or may hereafter grant, to the Consular

officers of any other foreign State shall be extended immediately and uriconditionally

to the Consular officers of the other high contracting party.

Art. VI.—There shall be between the territories of the two high contracting

parties reciprocal freedom of commerce and navigation. The subjects of each of the

high-contracting parties shall have liberty freely to come with their ships and

cargoes to all places, ports, and rivers in the territories of the other, which are or

may be opened to foreign commerce, and, coriforming 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 enjdy 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 territorieis 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,,pr of plants useful to agriculture.

Art. VIII.—The articles, the produce or manufacture of the IJnited Kingdom, enu-

merated in Part I, of the Schedule annexed to this Treaty, shall not, on importation

into Japan, be subjected to higher Customs duties than those specified in the Schedule.

The articles, the produce or manufacture of Japan, enumerated in Part II. of

the Schedule annexed to this Treaty, shall he. free of duty on importation into the

United Kingdom.

Provided that if at any time after the expiration of one year from the date this

Treaty takes effect either of the high contracting parties desires to make a modi-

fication in the Schedule it may notify its desire to the other high constracting 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 hot 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 article1 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 contra,cting parties, passing in transit through the territories of the other, in

conformity with the law's of the country, shall be reciprocally free from all transit

•duties, whether they pass difect, or Whether during transit they are unloaded, ware-

housed, and reloaded.

TEEA'jlY op commerce and navigation 29

Art. Xl,—Uo internal duties levied for the benefit of, the State, local authorities,

or corporations which affect, or may affect, the production, manufacture, or consump-

tion of any article in the territories of either of the high contracting parties shall

for any reason be a higher or more burdensome charge on articles the produce or

manufacture of,the territories of the other than on similar articles pf 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 then-

commerce and industries in the territories of such, party, may, in the territories 6f

the other, either personally or by means of cbihmercial travellers, make purchases or

collect orders, with or without samples, and such merchants, manufacturers, and

their commercial travellers, while so making purchases and collecting orders, shall

-in the matter of taxation and facilities, enjoy the most favoured nation treatment.

Articles imported as samples for the purposes above-mentioned shall, in each

country, be temporarily admitted free of duty on compliance with the Customs re-

gulations and formalities established to assure their re-exportation or the payment of

'the prescribed Customs duties if not re-exported within the period allowed by law.

But the foregoing privilege shall not extend to articles which, owing to their quantity

or value, cannot be considered as samples, or which, owing to their nature, could not

be identified upon re-exportation. The determination of the question of the qualifiea-

-tion of samples for duty-tree admission rests in all cases exclusively with the com-

petent authorities of the place where the importation is effected.

Art. XIII.—The marks, stamps, or seals placed upon the samples mentioned in

the ](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 may be necessary to establish that 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 think

this precaution necessar}-.

Art. XIV. —The Chambers of Commerce, as well as such other Trade Association,

and other recognised Commercial Associations in the territories of the high con-

tracting Parties as may be authorised in this behalf, shall be mutually accepted as

■competent authorities for issuing any certificates that may be required for com-

mercial travellers.

Art. XV.—Limited liability and other companies and associations, commercial,

industrial, and financial, already or hereafter to be organised in accordance with the

laws of either high contracting party, are authorised, in the territories of the others

to exercise their right and appear in the Courts either as plaintiffs or defendants,

subject to the laws of such other party.

Art. XVI.—Each of the high contracting parties shall permit the importation or

exportation of all merchandise which may be legally imported or exported, and also

the carriage of passengers from or to their respective territories, upon the vessels of

the other; and such vessels, their cargoes, and passengers, shall enjoy the same

privileges as, and shall not be subjected to, any other or higher duties or charges

than national vessels and their cargoes and passengers.

Art. XVII.—In all that regards the stationing, loading, and unloading of Vessels

m 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 GREAT BRITAIN AND JAPAN

not equally, in like cases, granted to the vessels of the other eountrj'; the intention of

the high contracting parties being that in these respects also the vessels of the two

countries shall be treated on the footing of perfect equality.

Art. XVIII.—All vessels which according to Japanese law are to be deemed

Japanese vessels, and all vessels which according to British law are to be deemed

British vessels, shall, for the purpose of this Treaty, be deemed Japanese and British

vessels respectively.

Art. XIX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or

other analogous duties or charges of whatever nature, or under whatever denomina-

tion, levied in the name or for the profit of Government, public functionaries, private

individuals, corporations or establishments of any kind, shall be imposed in the ports

of either country upon the vessels of the other which shall not equally, under the

same conditions, be imposed in like cases on national vessels in general, or vessels to

the most-favourednation. Such equality of treatment shall apply to the vessels of

either country from whatever place they may arrive and whatever may be their

destination.

Art. XX.—Vessels charged with performance of regular scheduled postal service-

of oqe of the high contracting parties shall enjoy in the territorial waters of the-

other the same special facilities, privileges, and immunities as are granted to like

vessels of the most favoured nation.

Art. XXI.—The coasting trade of the high contracting parties is excepted front

the provisions of the present. Treaty, and shall be regulated according to the laws of

Japan and the United Kingdom respectively. It is, however, understood that the

subjects and vessels of either high contracting party shall enjoy in this respect

most favoured nation treatment in the territories of the other.

Japanese and British vessels may, nevertheless, proceed from one port to an-

other, either for the purpose, of landing the whole or part of their passengers or

cargoes brought from abroad, or of taking on board the whole or part of their pas-

sengers or cargoes for a foreign destination.

It is also understood that, in the event of the coasting trade of either country being

exclusively reserved to national vessels, the vessels of the other country, if engaged

in trade to or from places not within the limits of the coasting trade so reserved,

shall not be prohibited from the carriage between two ports of the former country of

passengers holding through tickets or merchandise consigned on through bills of lad-

ing to or from places not within the abdye-mentioned limits, and while engaged in,

such carriage these vessels 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 authorities

shall, within the limits of law, be bound to 'give every assistance in their power for

the recovery of such deserter, on application to that effect being made to them by the

competent Consular officer of the country to which the ship of the deserter may belong,

accompanied by an assurance that all expense connected therewith will be repaid.

It is understood that this stipulation shall not. apply to the subjects of, the

country where the desertion takes place.

Art. XXllL—-Any vessel of either of the high, contracting parties which may bie-

compelled, by stress of weather or by accident, to take shelter in a port of the other

shall be at liberty to, refit therein, to procure all necessary stores, and to put to sea

again, without paying any dues other than such as would be payable in the like case

by a national vessel. In case, however, the master of a merchant-vessel should l>e

under the necessity of disposing of a part of his merchandise in order to defray the

expenses, he shall be bound to conform to the Regulations and Tariffs of the place to

whieh he may have come.

TREATY OF COMMERCE AND NAVIGATION 31

If any vessel of one of the high contracting parties should run aground or be

wrecked upon the coasts of the other, such vessel, and all parts thereof, and all

furniture and appurtenances belonging thereunto, and all goods and merchandise

saved therefrom, including any which may have been cast into the sea, or the pro-

ceeds thereof, if sold, as well as all papers found on board such stranded or wrecked

vessel, shall be given up to the owners or their agents when claimed by them. If

there are no such owners or agents on the spot, then the same shall be delivered to

the Japanese or British Consular officer in whose district the wreck or stranding may

have taken place upon being claimed by him within the period fixed by the laws of

the country, and such Consular officer, owners, or agents shall pay only the expenses

incurred in the preservation of the property, together with the salvage or other ex-

penses which would have been payable in the like case of a wreck or stranding of a

national vessel.

The high contracting parties agree, moreover, that merchandise saved shall not.

be subjected to the payment of any Customs duty unless cleared for internal con-

sumption.

In the case either of a vessel being driven in by stress of weather, run aground,

or wrecked, the respective Consular officers shall, if the owner or master or other

agent of the owner is not present, or is present and requires it, be authorised to

interpose in order to afford the necessary assistance to their fellow-countrymen.

Art,. XXIV.—The high contracting parties agree that in all that concerns com-

merce, navigation, and industry, any favour, privilege, or immunity which either

high contracting party has actually granted, or may hereafter grant, to the ships

subjects, or citizens of any other foreign State shall be extended immediately and

unconditionally to the ships or subjects of the other high contracting party, it

being their intention that the commerce, navigation, and industry of each country

shall be placed in all respects on the footing of the most favoured nation.

Art. XXV.—The stipulations of this Treaty do not apply to tariff concessions

granted by either of the high contracting parties to contiguous States solely to

facilitate frontier traffic within a limited zone on each side of the frontier, or to the

treatment accorded to the produce of the national fisheries of the high contracting

parties or to special tariff favours granted by Japan in regard to fish and other

aquatic products taken in the foreign waters in the vicinity of Japan.

Art. XXVI.—The stipulations of the present Treaty shall not be applicable to any

of His Britannic Majesty’s Dominions, Colonies, Possessions, or Protectorates beyond

the .Seas, unless notice of adhesion shall have been given on behalf of any sucu

■Dominion, Colony, Possession, or Protectorate by His Britannic Majesty’s Repre-

sentative at Tokyo before the expiration of two years from the date of the exchange

of the ratifications of the present Treaty.

Art. XXVII.—The present Treaty shall be ratified, and the ratifications exchanged

at Tokyo as soon as possible. It shall enter into operation on the 17th July, 1911,

and remain in force until the 16th July, 1923. In case neither of the high con-

tracting parties shall have given notice to the other, twelve months before the ex-

piration of the said period, of its intention to terminate the Treaty, it shall continue

operative until the expiration of one year from the date on which either of the high

contracting parties shall have denounced it;

As regards the British Dominions, Colonies, Possessions, and Protectorates to

which the present Treaty may have been made applicable in virtue of Article XXVI.,

however, either of the high contracting parties shall have the right to terminate it

separately at any time on giving twelve months’ notice to that effect.

It is understood that the stipulations of the present and of the preeeding Article

referring to British Dominions, Colonies, Possessions, and Protectorates apply also

to the island of Cyprus.

BETWEEN GREAT BRITAIN AND JAPAN

In witness whereof the respective Plenipotentiaries have signed the present-

Treaty; and have affixed thereto the seal of their arms.

Done at London in duplicate this 3rd day of April, 1911.

(Signed) Takaaki Kato [i,.s.}

]. „ L. Grey ,,

SCHEDULE

Part I.

No. in Japanese Description! of Unit of ofKate

Statutory Tariff. Article. Weight. in, Duty

Yen.

2(Hi.—Paints;—

I. Other :

A. Each weighing not more than 6 kilogrammes inclu ling the

weight of the receptacle ... ... ... 100 kins 4.2-^

(including receptacles)

B. Other ' ... 100 kins 3.30

275.—Linen Yarns

1. Single :

A. Gray ... „ . &.60

B. Other „ 9.25

-Tissues of Coti on id-; . '

1. Velvets, plushes, and Other pile tissues, with piles cat or uncut :

A. Gray !'.. ...' ’ ..Z ... ... ...' ...' ... ...' 25.50

B. Other ... .. ... 30.00

7. Plain tissues,‘hot otherwise i»rovided for:

A. Gray:

A\. Weighing not more than, 5 kilogrammes per 100 square

metres, and having ,tn a square of 6 millimetres side in

warp and woof:

<*. 3H threads of Itess' ... ... ... ... ... ... ... !.. 15.30

n. 27 „ „ ... ... ...' ■ 20.70

c. 35• ' „ •„ - . ... ... a... ■ ... ... :... ... •28,70

d; 43 „ v ... 38.00

A2. Weighing not more than 10 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and.wopf >

a. 39 threads pr less 100 kins. 8.30

b. 27 „ „ ... ... „ 10.50

,c. 35 „ „ „ 13.50

d. 43 „ 16M

e. More than 43 threads „ 18.70

A3. Weighing^npf more than 20 kilogrammes per 100 square

mntresj and having in a square of 5 millimetres side in

warp and woof;,

a. 19 threads or less fe.70

b. 27 „ „ 8.30

c. 35 : „ ... ... ... ... ... ... .. 10.50

vi. 43 „ „ ... .:. 13.50

e. More than 43 tlireads ..: 14.70

TREATY OF COMMERCE AND NAVIGATION 3$

No. iu Japanese Description of Unit of ofRate

Statutory Tariff. Article. Weight. in Duty Yen.

A4. Weighing not more than 30 kilogrammes per 100 square

metres, and having in a square 5 millimetres side in

warp and woof:

a. 19 threads or less ... ... 6.00

b. 27 „ „ , 6.70

c. 35 „ „ 8.00

d. 43 „ ,, , 10.70

e. More than 34 threads ... , 13.30

A5. Other ... , 9 30

B. Bleached simply ...The above duties on gray tissues plus 3 yen per 100 kins

O. Other „ „ „ 7

299. Other: *

A. Gray:

Al. Weighing not more than 5 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 19 threads or less : 100 kins 16.00

b. 27 „ „ J. V;.’ „ ‘“'21.30

c. 35 „ „ 29.30

d. 43 „ „ ... ... „ 39 30

e. More than 43 threads ... „ 53.30

A2. Weighing not more than 10 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

■ warp and woof:

a. 19 threads or less ... 8.00

b. 27 10.00

c. 35 14.30

d. 43 18.00

e. More than 43 threads 20.00

y!3. Weighing not more than 20 kilogrammes per 100'square

metres, and having in a square.of 5 millimetres side in

warp and woof:

а. 27 threads or less ... . 8.00

б. 35 „ „ 11.30

c. 43 „ 15.00

d. More than 43 threads 18.80

A4>. 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 „ it n 7 () „

34 BETWEEN GREAT BRITAIN AND JAPAN

No. in Japanese Description of Unit of #

Statutory Tariff. Article. Weight. ^ Ye if

-301.—Tissues of wool, and mixed tissues of wool and cotton* of wool and silk, or of

wool, cotton and silk :—

2. Other:

A. Of wool:

b. Weighing not more than 200 grammes per square metre ..100 kins 57.50

c. „ „ '500 „ „ ... „ 45.00

d. Other „ 40.00

B. Of wool and cotton :

c. Weighing not more than 500 grammes per square metre ... „ ’ 30.00

d. Other " * „ 18.00

462.—Iron: —

1. In lumps, ingots, blooms, billets and slabs:

A. Pig iron ,, 00.83

4. Plates and Sheets :

A. Not coated with metals :

A3. Other:

n. Nojt exceeding 0.7 millimetres in thickness „ 0.30

B. Coated with base metals :

Bl. Tinned (tinned iron sheets and tinned steel sheets) :

a. Ordinary ... ... „ 0.70

B2. Galvanised (corrugated or not) „ 1.20

Part II.

1. —Habutae or pure silk, not dyed or printed.

2. —Handkerchiefs or habutae or pure silk, not dyed or p

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 bambo

7. —Mats and matting of rush.

8. —Lacquered wares, coated with Japanese lacquer (TJru

9. —Rape-seed oil.

10.—Cloisonne wares.

WASHINGTON CONFERENCE RESOLUTIONS

THE QUABEUPLE 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 &•

treaty and accompanying reservations:—

The United Stat es of America, the British Empire, France and Japan, with

a view to the preservation of the general peace and the maintenance of their

rights in relation to their insular possessions and insular dominions in the

regions of the Pacific Ocean, have determined to conclude a treaty to this effect

and have appointed as their plenipotentiaries

The President of the United States

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

Ireland, and of the British Dominions beyond the seas, Emperor of

India

And

For the Dominion of Canada

For the Commonwealth of Australia

For the Dominion of New Zealand

For India

The President of the French Republid / ' -

His Majesty the Emperor of Japan

Who, having communicated their full powers found in good and due form, have

agreed as follows :—

Article I—The hisrh contracting parties .agree as between themselves to

respect their rights in relation to their insular possessions and inSnlar doihihions 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 conference1 'to which th@

whole subject will be referred for consideration and adjustment .

Article IL—-If the Said rights are threatened'by the aggressive action'of any

other Pow'er, the high cbh'ftacting parties shall cbnjmunicate with ode abdther

fully and frankly 'in Order to arrive at an understanding as to the nio'st efficient

measures to be jointly or separately tajteri to ineet tHe. particdlar situation.

Article III.—This Agreement shall remain -in- force for ten years from the

time it shall take effect, and after tlie expiration-of said period it shall continue'lb

be in force subject to the right'of any of the high' cortfrhcti'iig parties to terminate

it upon twelve months’notice: ‘ - •

Article IV.—This Agreetnent'.shall be ratified as soon .'as.'possible'in accord-

ance with the constitutional metbods of the bigh: contracting parties and shall

take effect on the deposit of ratifications, which shall take place ait Washington,

and thereupon the Agreement between Great Britain and Japan which was con-

cluded at London on July 13th, 1911, shall termidate.*

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

wh it are termed the Mandate Islands in the Pacific Ocean south of the Equator.

WASHINGTON CONFERENCE RESOLUTIONS

It should also be observed that the controversies to which the proposed. Treaty refers

do not include questions which, according to the principles of international law,

lie exclusively within the domestic jurisdiction of the respective Powers.

In the course of his address. Senator Lodge stated : “ To put it in a few words

the Treaty provides that the four signatory Powers will agree between themselves

in regard to their insular possessions and dominions in the region of the Pacific,

and that if any controversy should arise as to such rights all the high contracting

parties shall be invited to a joint conference looking to the adjustment of such

controversy. Thev agree to take similar action in the case of aggression by any

other Power upon these insular possessions or dominions. This Agreement is to

remain in force for ten years, and, after ratification under the constitutional

methods of the high contracting parties, the existing agreement between Great

Britain and Japan, which was concluded at London on July 13, 1911, shall

terminate. Each signer is bound to respect the rights of the others, and before

taking action in any controversy to consult with them. There is no provision for

the use of force to carry out any of the terms of the Agreement, and no military or

naval stations lurk anywhere in the background or under cover of these plain and

direct clauses. The surest way to prevent war is to remove the cause of war.

This is an attempt to remove the cause of war over a great area of the globe’s

surface by reliance upon the good faith and honest intentions of the nations which

signed this Treaty solving all differences through a process of diplomacy and joint

consideration and conciliation.

TERRITORIAL AND ADMINISTRATIVE INTEGRITY OF CHINA

The Far Eastern Committee of the Conference unanimously adopted a resolu-

tion declaring in favour of the territorial and administrative integrity of China.

The resolution, which was drafted and presented by Senator Root, was signed by

eight. Powers, China refraining from appending her signature as being unfitting

in a document regarding herself.

Following is the text of the resolution:—“ It is the firm intention of the

Powers attending the Conference, firstly, to respect the sovereignty, independence

and territorial and administrative integrity of China; secondly, to provide the fullest,

unembarrassed opportunitv for China to develop and to maintain an effective and

stable Government; thirdly, to use their influence for the purpose of effectively

establishing and maintaining the principle of equal opportunity for commerce and

industry to all nations throughout Chinese territory; fourthly, to refrain from taking

advantage of present conditions in order to seek special rights and privileges

abridging the rights of subjects of friendly States, and also to refrain from

countenancing any action inimical to the security of such States ”

The Far Eastern Committee passed a resolution, suggested by Sir Auckland

Geddes, under which the Powers attending the Conference declared their inten-

tion “ not to enter into any treaty, agreement, arrangement, or understanding with

one another, or individually or collectively with any Power or Powers, which

infringes or impairs the principles declared by the resolution adopted by the Com-

mittee on the 2lst ult.” (i.e., Senator Root’s resolution declaring for the territorial

and administrative integrity of China).

WASHINGTON CONFERENCE RESOLUTIONS 37

FOREIGN TOST 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 lst,l 923,

as the date of. relinquishment.

TW text of the resolution is:— “ Recognising the justice of the desire expressed,

by tlie Chinese Government to secure the abolition of foreign postal agencies iu

China, save or except in leased territories or otherwise specifically provided for by

freaty, it is resolved:

“It—That the four Powers having such postal agencies agree to their

abandonment, subject to the following conditions : First, that an efficient Chinese

postal service be maintained; second, that an assurance be given by the Chinese

Government that - they contemplate no change in the present postal administration

as far as the status of the foreign Co-Director-General is concerned.

“II:—To enable China and the Powers concerned to make the necessary

dispositions this arrangement shall come into force not later than (date blank).

Pending the complete withdrawal of foreign postal agencies the, four Powers concerned

severally undertake to afford full facilities to the Chinese Customs authorities to

examine all postal matter (except, ordinary letters, whether registered or not, which

upon external examination appear to contain written matter) passing through with a

view to ascertaining whether they contain articles of dutiable contraband or other-

wise contravening the Customs regulations and laws of China.”

EXTRA-TERRITORIAL RIGHTS IN CHINA

A resolution was unanimously adopted by the Far Eastern Committee relative to

the Extra-Territorial Question, ft provides that the Powers concerned shall establish

a Commission, to which each shall appoint a member, to enquire into the present

practice of extra-territorial jurisdiction in China, and into the laws, the judicial system

and methods of judicial administration, with a view to reporting findings of fact, with

recommendations regarding the means to improve the existing conditions of adminis-

tration of justice in China and to assist the efforts of the Chinese Government to

•effect such legislation and judicial reforms as will warrant the Powers in relinquishing

progressively or otherwise their rights of extra-territoriality.

The Commission shall be constituted within three months after the adjournment

of the Conference, and be instructed to submit its report and recommendations within

a year after the Commission’s first meeting. Each of the Powers shall be deemed free

to accept or reject alb or any portion of the recommendations, but in no case are any

of the Powers to make acceptance directly or indirectly dependent on China’s granting

any special concession, favour, benefit, or immunity, whether political or economic. •

An additional resolution provides that non-signatory Powers having extra-terri-

torial rights in China may accede to the resolution in regard to extra-territoriality

within three months after the adjournment of the Conference.

A further additional resolution expresses China’s satisfaction with the sympathy

-of the Powers in regard to the abolition of extra-territoriality, and deciares China’s

intention to appoint a Chinese member of the Extra-Territoriality Commission, it

being understood that China is free to accept or reject any or all of the recommenda-

tions of the Commission. China is prepared to co-operate in the work of the

Commission and in every way to facilitate the successful accomplishment of its task.

38 WASHINGTON CONFERENCE RESOLUTIONS

RADIO STATIONS IN CHINA

A report was subniitted bj the Sub-Committee on Drafting relating to radio

stations for China which states that representatives of the pine 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 G-overnment 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 oh 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 T.

The contracting Powers, other than China, agree :

!•—To respect the sovereignty, the independence, and the territorial

and administrative integrity of China. *

2.—To provide the fullest and most unembarrassed opportunity to China

.to develop and maintain for herself an effective and stable Government.

WASHINGTON CONFERENCE RESOLUTIONS

3. —To use their influence for the purpose of effectually establishin

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 order t

special rights or privileges which would abridge the rights of subjects or citizens

of friendly States, and from countenancing action inimical to the security of such

States.

Article II.

The contracting Powers agree not to enter into any treaty, agreement,

arrangement or understanding, either with one another or individually or

collectively, with any Power or. Powers, which would infringe or impair the

principles stated in Article L

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 •

(а) 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.

(б) Any such monopoly or preference as would deprive the nationals of any

other Power of the right of undertaking any legitimate trade or industry in

China, or of participating with the Chinese Government or with any local authority

in any category of public enterprise, or which by reason of its scope, duration or

geographical extent is calculated to frustrate the practical application of the

principle of equal opportunity.

It is understood that the foregoing stipulations of this article are

mot to be so construed as to prohibit the acquisition of such properties or rights as

may be necessary to the conduct of a particular commercial, industrial or financial

undertaking or to the encouragement of invention and research.

China undertakes to be guided by the principles stated in the foregoing

stipulations of this article in dealing with applications for economic rights and

•privileges from Governments and nationals of all foreign countries, whether parties

to the present treaty or not.

Article IV.

The contracting Powers agree not to support any agreements by their respective

nationals with each other designed to create spheres of influence or to provide for

the enjoyment of mutually exclusive opportunities in designated parts of Chinese

territory.

Article V.

China agrees that throughout the whole of the railways in China she will not

■exercise or permit unfair discriminations of any kind. In particular there shall be

no discrimination whatever, direct or indirect, in respect of charges. or of facilities

on the ground of the nationality of passengers or the countries from which or to

which they are proceeding, or the origin or ownership of goods or the country from

which or to which they are consigned, or the nationality or ownership of the ship or

other means of conveying Such passengers or goods before or after their transport

on the Chinese railways.

The contracting Powers, other than China, assume a corresponding obligation

in respect of any of the aforesaid railways over which they or their nationals are in a

position to exercise any control in virtue of any concession, special agreement or

■otherwise.

40 WASHINGTON CONFERENCE RESOLUTIONS

ARtlCLE VI.

The contracting parties, other than China, agree fully to respect, China’s rights-

as a neutral in time of war to which China is not a party; and China declares , that

when she is a neutral she will observe the obligations of neutrality.

Article VII.

The contracting Powers agree that whenever a situation arises which, in th*r

opinion of any one of them, involves the application of the stipulations of the present

treaty, and renders desirable discussion of such application, there shall be full and

frank communication between the contracting Powers, concerned.

Article VIII.

Powers not signatory to the present Treaty which have governments recognised

by the signatory Powers and which have treaty relations with China shall be invited

to adhere to the present Treaty. To this end the Government of the United States

will make the necessary communications to non-signatory Powers and will inform the

contracting Powers of the replies received. Adherence by any Power shall become

effective on receipt of notice thereof by the Government of the United States.

Article IX.

The present treaty shall be ratified by the contracting Powers in accordance

with their respective constitutional methods, and shall take effect on the date of the

deposit of all the ratifications, which shall take place at Washington as soon as

possible. The Government of the United States will transmit to the other con-

tracting Powers a certified copy of the proces verbal of the deposit of ratifications.

The present treaty, of which the English and French texts are both authentic,

shall remain deposited in the archives of the Government of the United States, and

duly certified copies thereof shall be transmitted by that Government to the other

contracting Powers.

In faith whereof the above-named plenipotentiaries have signed the present

Treaty.

Done at the City of Washington, the sixth day of February, one thousand

nine hundred and twenty-two.

THE BOARD OF REFERENCE

The following resolution was adopted as a supplement to the general Far

Eastern Treaty :

The United States of A.merica, Belgium, the British Empire, China, France,

Italy, Japan, the Netherlands and Portugal:

Desiring to provide a procedure for dealing with questions that may arise in

connection with the execution of the provisions or Articles III. and V. of the Treaty

to be signed at Washington on February 6th, 1922, with reference to their general

policy, designed to stabilize conditions in the Far East, to safeguard the rights and

interests of, China, and to promote interest between China and the other Powers

upon the basis of equality of opportunity;

Resolve, That there shall be established in China a Board of Reference to

which any questions arising in connection with the execution of the aforesaid articles

may be referred for investigation and report.

Th,e 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 detaile4 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 United States of America, Belgium, the British Empire, China, France,

Italy, Japan, the Netherlands and Portugal:

With a view to increasing the revenues of the Chinese Government have

resolved to conclude a treaty relating to the revision of the Chinese Customs Tariff

and cognate matters, and to that end have appointed as their plenipotentiaries

(Here follows the names of the plenipotentiaries), who. hating communicated to each

•other their' full posters, found to he in good and due form, have agreed as follows

Article I.

The representatives of the contracting Powers having adopted, on the 4th day of

February, 1922, in the City of Washington, a resolution, which is appended as an

annex to this article, with respect to the revision of Chinese customs duties for the

purpose of making such duties equivalent to an effective 5 per cent., ad valorem, in

accordance with existing treaties concluded by China with other nations, the con-

tracting Powers hereby confirm the said resolution and undertake to accept the

tariff rates fixed as a result of such revision. The said tariff rates shall become

effective as soon as possible; but not earlier than two months after publication

thereof.

Annex

With a view to providing additional revenue to meet the needs of the Chinese

Government, the Powers represented at this Conference, namely, the United States of

America, Belgium, the British Empire, China, France, Italy, Japan, the Netherlands

and Portugal, agree:

That the Customs schedule of duties on imporis into China, adopted by the

Tariff Revision Commission at Shanghai on Deoembt I9th, 1918, shall forthwith be

revised so that rates of duty shall be equivalent to 5 per cent, effective, as provided '

for in the several commercial treaties to which China is a party.

A Revision Commission shall meet at Shanghai at the earliest practicable date

to effect this revision forthwith and on the general lines of the last revision.

This Commission shall be composed of representatives of the Powers above

named and of representatives of any additional Powers, having governments at

present recognized by the Powers represented at this Conference and who have

treaties with China providing for a tariff on imports and exports not to exceed , 5

per ‘cent, ad valorem and who desire to participate therein.

The revision shall proceed, as rapidly as possible with a view to its completion;

within four months from the date of the adoption of this resolution by the Con-

ference on the Limitation of Armaments and Pacific and Far Eastern Questions.

The revised tariff shall become effective as soon as possible, but not earlier than

two months after its publication by the Revision Commission.

The Government of the United States, as convener of the present Conference, is.

requested forthwith to communicate the terms of this resolution to the Government®

of Powers not represented at this1 Conference but who participated in the revision of

1918 aforesaid.

Article II.

Immediate steps shall be taken through a special conference to prepare the way

for the speedy abolition of likin and for the fulfilment of the other conditions laid

down in Article VIII. of the treaty of September 5th, 1902, between Great Britain and

China; in Article IV. and V. of the treaty of October 8th, 1908, between the United

States and China ; and in Article I. of the supplementary treaty of October 8th, 1903,

between Japan and Chinaj with & view to levying the surtaxes provided for In the^e!

Articles. ciivm

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, io accord with the provisions ofArticle YIII., 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 presbnt treaty on a day and at a place to be

designated by the Cliinese Government.

Article III.

The special conference provided for in Article II. shall consider the interim

pro vision 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 it; and it

shall authorize the levying of a surtax on dutiable imports as from such date, for

such purposes and subject to such conditions as it may determine.

The surtax -shall be at a uniform rate of per centum ad valorem, provided

that in case of certain articles of luxury which, in the opinion of the special Conference,

can bear a greater increase without unduly impeding trade, the total surtax may be

ncreased, but may not exceed 5 per centum ad valorem.

Article IV.

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 Ueu 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 heat the rate of 2k per centum ad valorem

until the arrangements provided for by Article II. come into force.

Article VIII.

Powers not signatory to the present Treaty, whose Governments are at present

recognised by the signatory Powers and whose present treaties with China provide

for a tariff on imports and exports not to exceed 5 per centum ad valorem, shall be-

invited to adhere to the present Treaty.

WASHINGTON CONFERENCE RESOLUTIONS 43

The Government of the United States undertakes to make the necessary com-

munications for this purpose and to inform the Governments of the contracting

Powers of the replies received. Adherence by any Power shall become effective on

receipt of notice thereof by the Government of the United States.

Article IX.

The provisions of the present Treaty shall override all stipulations of treaties

between China and the respective contracting Powers which are inconsistent there-

with, other than stipulations according most-favoured-nation treatment.

Article X.

The present Treaty shall be ratified by the contracting Powers in accord with

their respective constitutional methods and shall take effect on the date of the

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. conti-acting

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 English ship coming to Bangkok to trade musty

either before or after entering the river, as may be found convenient, report the-

arrival of his vessel at the Custom-house at Paknam, together with the number of

his crew and guns, and thp port from whence he copies. Upon anchoring his vessel

at Paknam, he will deliver into the custody of the Custom-house officers all his guns-

and ammunition; and a Custom-house officer will 'then be appointed to the vessel,

and will proceed in her to Bangkok.

Art. II.—A vessel passing Paknam without discharging her guns and ammuni-

tion as directed in the foregoing regulation will be sent back to Paknam to comply

with its provisions, and will be fined eight hundred ticals for having so disobeyed.

After delivery of her guns and ammunition she will be permitted to return to

Bangkok to trade.

Art. III.—When a Bi-itish vessel shall hate cast anchor at Bangkok, the master,

unless a Sunday should intervene, will within four and twenty hours after arrival

ppopeed to the British Consulate;, and deposit there his ship’s papers, bills of lading,

ef;c., together with a trpe manifest .of his impprt cargo ; and upon the Consuls

reporting these particulars to the Q.ustom-kopse permission to break bulk will at once

be given by the latter.

For neglecting so to report his arrival or for presenting a false manifest, the

master will subject himself, in each instance, to a penalty of four hundred ticals ; but

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

Consul, any mistake he may discover in his manifest, without incurring the above-

mentioned penalty.

Art. IV.—A British vessel breaking bulk, and commencing to discharge, before

due permission shall be obtained, or smuggling, either when in the river or outside-

the bar, shall be subject to the penalty of eight hundred ticals and confiscation of

the goods so smuggled or discharged.

Art. V.—As soon as a British vessel shall have discharged her cargo and

completed her outward lading, paid all her duties and delivered a. true manifest of

her outward cargo to the British Consul, a Siamese port-clearance shall be granted

her on application from the Consul, who in the absence of any legal impediment to

her departure, will then return to the master his ship’s papers, and allow the vessel

to leave. A Custom-house officer will accompany the vessel to Paknam; and on

arriving there she will be inspected by the Custom-house officers of that station, and

will receive from them the guns and ammunition previously delivered into their

charge. The above regulations, numbered from 1 to 5, are obligatory under the

Treaty concluded between Great Britain and Siam; those which follow, numbered

from 6 to 14, are equally to be observed by masters of British vessels and their crews.

Art. VI.—Masters of British vessels, when reporting their arrival at Her Majesty’s

Consulate at the port of Bangkok, as directed by the fourth regulation above quoted,

shall notify in writing the names of all passengers and persons not forming part of

the registered crew.

Notice must likewise be given of the number and names of persons, who, as

passengers or in any other capacity (seamen borne on the muster-roll excepted), in-

tend to leave Siam in a British vessel.

Art. VII.—Seamen, lascars, and others belonging to British vessels in the port

are strictly prohibited to wear side knives and other weapons while on shore.

Art. VIII.—Should any seaman or apprentice absent himself without leave, the

master will report his absence, if such exceeds twenty-four hours, at the Consulate

offices.

Art. IX.—Any British subject who entices a seaman or apprentice to desert,

incurs, according to the Merchant Shipping Act, 1854, paragraph 257, a penalty not

TARIFF OF DUTIES—SIAM 45f

esceeding ten pounds; or any such subject who wilfully harbours or secretes a person

deserted from his ship incurs a penalty not exceeding twenty pounds, if it be proved

that he had knowledge of his being a deserter.

In default of the payment of such fines, the offender is to be imprisoned in the

Consular gaol for any term not exceeding three months, with or without hard labour.

Art. X.—All cases of death, and especially of sudden death, occurring on board

of British vessels in the port of Bangkok must be immediately reported at the

Consulate.

Art. XI.—The discharge of guns from vessels anchored in the port of Bangkok,

without notice 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 Temples, either in Bangkok or elsewhere within the Siamese dominions, or to

injure or damage any of the statues or figures, the trees or shrubs in such localities of

Siamese worship; any British subject or seaman of a British vessel guilty of such an act

renders himself liable to a penalty not exceeding twenty pounds, or in default thereof

to an imprisonment ip the Consular gaol for a period of not more than one month.

Art. XIII.—When a vessel under the British flag is ready to leaye the port of

Bangkok, the master will give notice at the Consulate office, and hoist a blue peter

twenty-four hours before departure, which is to fly until she breaks anchorage.

Art. XIV.—Should any vessel take in or discharge cargo subsequent to the issue

of the Siamese port clearance, as directed by the fifth regulation above quoted, the

master, as in a case of smuggling, subjects himself to a penalty of 800 ticals (equal

to =0100), and goods so taken or discharged will be liable to confiscation.

Art. XV.—Every fine or penalty levied under these regulations is (if not paid

in sterling money) at the rate of eight ticals Siamese currency for one pound.

Tariff of Export and Inland Duties to be levied on Articles of Trade

I.—The undermentioned Articles shall be entirely free from Inland or other

taxes, on production of transit pass, and shall pay Export Duty as follows:—

2 Gamboge

TtCAL S along

.10 6 00 Fuang00 Hun 0 per picul

Rhinoceros’

Cardamons, horns

best.. .60

.14 00 00 00

67 Cardamons,

Dried mussels bastard 61 00 00 00

Pelicans’

89 Krachi quills

Betel nut,wood

dried ..: 21 02 00 00

. 06 20 00 0

1011 Sharks’

1213 Sharks’

i.nkkraban

fins, white

fins,seed

black _i 30 02 00 000

Peacocks’tails

14 Buffalo and cow .100 002 0 03 perper100picultails

Rhinoceros’

1617 Turtle

Hide cuttings hidesbones . 00 10 O0 00

1819 Soft shell

ditto . 11 00 • 00 00

Beche-de-mer

2021 Fish .3 0 0 0

Birds’maws

22 .Dutch nests,feathers

Kingfishers’ uncleaned ... .320 per cent.0

6 o

00 per per 100

Beyohe seedseed('Nur Vomica) .. .600 2

22 0

0 00 picul

Pungtarai

Gum Benjamin ..4 0 0

Angrai

Agilla bark

wood .,. 02 020 00 000

Ray skins . 3 00

3130 Soft,

Old deers’ hornsditto '

or young . 100 per 1 0

46 TARIFF OF DUTIES—SIAM

3233 DeerDeer hides,

hides, fine — TJCAL83 SiLUNG' luANG Hun

3435 Deer sinews common

...... 4 006 00

0 put 100 hides

Buffalo andbones

3637 Elephants’ cow hides 1 0 00

3839 Tigers’

Buffalo bones

horns 51001

0 0

40 Elephants’

Tigers’ skinhides 00 110O'O per skin

4142 Armadillo

Sticklac skins ...,, 4

11 0 0 per picul

444345 Dried

Hemp

Dried Fish, Plaheng t 1 212 000 00 „„

Fish, Plusalit 012 02 0l 080 „„

474648 Mangrove

Sapanwood

Stilt meat bark 03 012 000 00 „„

49 Rosewood

5150 RiceEbony 41 41 00 00 per „koyao

II. —Tlie undermentioned Articles being subject to the Inl

lierein named, and which shall not be increased, shall be exempt from export duty:—

5253 Sugar, White Tical00 Salun 21 Fuang 00 Hun 00 . per picnl

5455 Paper.„ Red

Cotton, clean and uncleaned 101 per cent.0

66 Salt Beansfish.

andPlat

Peas:.. , 1 twelfth0 00 '0Op. 1,000 fish

585957 Dried Prawns one ,,

6061 Tilsqed

Silk, raw

Bees’ wax one „fifteenth

636462 Tobacco

Tawool

Salt 611 0

00 per

Op. per picul

1,000koyan

bdles.

III. —All goods or produce Unenumerated in this Tariff s

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 over the States of Kelantan, Trengganu, Kedah, Perlis, and adjacent islands.

The frontiers of these territories are defined by the Boundary Protocol annexed hereto.

TREATY BETWEEN GREAT BRITAIN AND SIAM 4T

Art. II.—Tlie 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 Tj-eaty, 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 be carried out in

accordance with the Boundary Protocol annexed hereto.

Subjects of His Majesty the King of Siam residing within the territory de-

scribed in Article I. who desire tb 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 acpordance with the usual custom where a change of

suzerainty takes place any Concessions within the territories described in Article 1.

hereof to individuals or companies, granted by or with the approval of the Siamese

Government, and recognized by them as still in force on the date of the signature of

the Treaty, will be recognized by the Government of His Britannic Majesty.

Art. IV.—His Britannic Majesty’s Government undertake that the Government

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 Cpnrts after the promulgation

and the coming into forqe of the Siamese codes, namely, the Penal Code, the Civil

and Commercial Codes, the Codes of Procedure, and the Law for organization of

Cou»ts.

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 Varopbakab.

Annex 1

Boundary Protocol Annexed to the Treaty

The frontiers between the territories of His Majesty, the King of Siam and thn

territory oyer 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 tilost seaward point of the northern bank of the estnarv

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 rhnge of hills until it Teaches the main

watershed or dividing line between those rivers which flow into the Gulf of Siam on

the One side and into the Indian Ocean on the other; following this main watershed

so as to pass the sources of the Sungei Patani, Sungei Telubin, and Suugei 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 oT the source of the in i n stream of

the Sungei Golok. Thence the frontier follows the thalweg of the main stream of

the Sungei Golok to the sea at a place ca’led Kuala Tabar.

This line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei

Taujung Mas'and the valley on the left or west bank of the Golok to Siam and the

whole valley ot the Perak River and the valley on the right or east bank of the

Golok to Great Britain.

Subjects of each of the parties may navigate the whole of the waters of the

Sungei Golok and its affluents.

The island known as Pulo Langkawi, together with all the islets south of mid-

channel between Terutau and Langkawi and all the islands south of Langkawi shall

become British. Terutau and the islets to the north mid-channel shall remain

to Siam.

With regard to the islands close to the west coaSt, those lying to the north of

the parallel of latitude where the most seaward point of the north bank of the

Perlis River touches the sea shall remain to Siam, and those lying to the south of

that parallel shall become British.

AH islands adjaceht to the eastern States of Kelantan and Trengganu, south of

a parallel of latitude drawn from the point where the Sungei Golok reaches the coast

at a place called Kuala Tabar shall be transferred to Great Britain, and all islands

to the north of that parallel shall remain to Siam.

A rough sketch of the boundary herein described is annexed hereto.

2. The above-described boundary shall be regarded as filial, both by the Govern-

ments of His Britannic Majesty and that of Siam, and they mutually undertake that,

so far as the boundary effects any alteration of the existing boundaries of any State

or province, no claim for compensation on the ground of any such alteration made

by any State or province so affected shall be entertained or supported by either.

3. It shall be the duty of the Boundary Commission, provided for in Article III

of the Treaty of this date, to determine and eventually mark out the frontiev above

described.

If during the opeTatidns of delimitation it should appear desirable to depart

from the frontier as laid down herein, such rectification shall not under any

circumstance be made to the prejudice of the Siamese Government.

In witness Whe'rebf the Respective Plenipotentiaries have signed the present

Protocol and affixed their seals.

Done at Bangkok, in duplicate, the 10th day of March, 1909..

[Seal] (Signed) Ralph Paget.

,, Devawongse Vakoprakar.

Annex 2

Protocol concerning the JurLidiction applicable in the Kingdom of Siam to British

Subjects and annexed to the Treaty dated March 10, 1909.

Sec. 1.—International Courts shall be established at such places as may seem

desirable in the interests of the good administration of justice; the selection of these

places shall form the subject of an understanding between the British Minister at

Bangkok and the Siamese Minister for Foreign Affairs.

TREATY BETWEEN GREAT BRITAIN AND SIAM i'J

Sec. 2.—The jurisdiction of the International Courts shall extend—

1, In qivil matters: To all civil and commercial matters to which British subjects

ftdiall be parties.

2. In penal matters: To breaches of law of every kind, whether committed

by British subjects or to their injury.

Sec. 3.—The right of evocation in the International Courts shall be exercised

an accordance with the provisions of Article VTII. of the Treatv of the 3rd September,

1883.

The right of evocation shall cease to be exercised in all matters coming within

the scope of codes or laws regularly promulgated as soon as the text of such codes or

laws shall have been communicated to the British Legation in Bangkok. There shall

lie an understanding between the Ministry for Foreign Affairs and the British

^Legation at Bangkok for the disposal of cases pending at the time that the said

)*codes and laws are communicated.

Sec. 4.-—In all cases, whether in the International Courts or in the ordinary

Siamese Courts in which a British subject is defendant or accused, a European legal

^adviser shall sit in the Court of First Instance.

Jn cases in which a British born or naturalized subject not of Asiatic descent

may be a party, a European adviser shall sit as a Judge in the Court of First

Instance, and where such British subject is defendant or accused the opinion of the

adviser shall prevail.

A British subject who is in the position of defendant or accused in any case

•arising in the provinces may apply for a change of venue, and should the Court

•consider such, change desirable the trial shall take place either at Bangkok or before

The Judge in whose Court, the ease wpuld be tried at Bangkok- Notice of any such

application shall be given to the British Consular officer.

Sec. 5.—Article IX. of the Treaty of the 3rd September, 1883, is repealed.

Appeals against the decisions of the International Courts of First Instance shall

be adjudged by the Siamese Court of Appeal at Bangkok. Notice of all such

appeals shall be communicated to His Britannic Majesty’s Consul, who shall have

the right to.give a written opinion upon the case to be annexed to the record.

The judgment on an appeal from either the International Courts or the ordinary

“Siamese Courts shall bear the signature of two Eux-opean Judges.

Sec. 6.—An appeal on a question of law shall lie from the Court of Appeal at

Bangkok to the Supreme or Dika Court.

Sec. 7.—No plea of want of jurisdiction based on the rules prescribed by the

present Treaty shall be advanced iii any Court after a defence on the main issue has

been offered.

Sec. 8.—In order to prevent difficulties which may arise in future from the

transfer of jurisdiction contemplated by the presentTreaty and Protocol, it is agreed:—

(a.) All cases in which action shall be taken subsequently to the date of the

'ratification of this Treaty shall be entered and decided in the competent International

or Siamese Court, whether, the cause of action arose before or after the date of

'ratification. •

(b.) All cases pending in His Britannic Majesty ’s Courts in Siam on the date of

41x6 ratification of this Treaty shall take their usual course in such Courts and in any

Appeal Court until such cases have been finally disposed of, and the jurisdiction erf

His Britannic Majesty’s Courts shall remain in full force for this purpose.

The execution of the judgment rendered in any such pending case shall be carried

•out by the International Courts.

In witness whereof the respective Plenipotentiaries have signed the present

^Protocol and affixed their seals.

Done at Bangkok, in duplicate, the 10th day 6f March, 1909.

[Seal] (Signed) Ralph Paget.

Devawongse VaroEeakar.

TREATY BETWEEN GREAT BRITAIN AND SIAM

Annex 3

Mr. Paget to Prince Devawongse

M. ie 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 Britishrprotected territory, His

Majesty’s Government are desirous of receiving an assurance that the Siamese

Government will not permit any danger to arise to British intetests 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 atty 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 a»

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 any

construction or repairing docks, or to occupy exclusively any harbours, the occupation

of which would be likely to be prejudicial to British interests from a strategic point

of view, shall not be granted to any foreign Government or company.

In reply, I beg to say that the Siamese Government gives its assurance to the

above effect, taking note that the phrase “coaling station” shall not include such

small deposits of coal as may be required for the purposes of the ordinary shipping

engaged in the Malay Peninsula coasting trade.

(Signed) Devawongse Varopkakar.

Prince Devawongse to Mr. Paget

M. le Ministre, Foreign Office, Bangkok, March 10, 1909.

With reference to the provision contained in Article IV. of the Jurisdiction!

Protocol to the effect that in all cases in which a British subject is defendant or

accused a European adviser shall sit in Court, I would express the hope, on behalf of

His Majesty’s Government, that His Britannic Majesty’s Government will be prepared

in due course to consider the question of a modification of or release from thi&

guarantee when it shall be no longer needed; and, moreover, that in any negotiations

ia 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.

TEEATY BETWEEN UNITED KINGDOM AND SIAM 51

I wish also to say that provision will he made for the treatment of European

i prisoners according to the standard usual for such prisoners in Burmah and the

j Straits Settlements.

(Signed) Devawongse Varoprakar.

Mr. Paget to Prince Devawongse

M. le Ministre, March 10, 1909.

With reference to the guarantee contained in the first paragraph ot Article IY. 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

i from this guarantee when it shall no’longer be needed. His Majesty’s Government

t are also willing that in any negotiations in connection with such a modification or

i release the matter shall be treated upon its merits alone, and not as a consideration

i for which some other return shall be expected.

His Majesty’s Government learn with much satisfaction that it is the intention

uof the Siamese Government to maintain the high standard in the administration of

i justice which it has set before it, and towards which it has been working for some

i time; and I may assure your Royal Highness that it will be the aim of His Majesty’s

i Government in every manner to second the eftorts 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 FUGITIVE

CRIMINALS BETWEEN THE STATE OF

NORTH BORNEO AND SIAM

Signed at Bangkok, September 18th, 1918

The Government of His Britannic Majesty and the Government of His Siamese

Majesty, being desirous of regulating the rendition of fugitive criminals between

the State of North Borneo under the protection of His Britannic Majesty and the

territories of His Majesty the King of Siam, hereby agree as follows: —

Art. I.—The provisions of the Extradition Treaty between His Britannic

Majesty and His Majesty the King of Siam, signed at Bangkok on the 4th day of

March, 1911, shall be deemed to apply, so far as local circumstances permit, to the

rendition of fugitive criminals between the territories of His Majesty the King of

Siam and the State of North Borneo.

Art. II.—In pursuance of the provisions of Article 3 of the said Extradition Treaty

there shall reciprocally be no obligation on the part of the State of North Borneo to

eurreuder 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

i Christ,, and in the year 2456 of Buddha.

[l.s.] Arthur Peel.

„ Devawongse Varoprakar.

GREAT BRITAIN AND FRANCE

DECLARATION SIGNED BY GREAT BRITAIN AND

FRANCE RESPECTING SPHERES OE INFLUENCE

Signed at London, 15th January, 1896

The undersigned, duly,authorised by their respective''Governments, have.signedi

the following Declaration :—

I. —The Governments of Great Britain and France engag

neither of them will, without the consent of the other, in any case, or under any

pretext, advance their armed forces into the region which is comprised in the basins-

of the Petcha Bouri, Meiklong, Menam, and Bang Pa Kong (Petriou) rivers and ,

their respective- tributaries, together with the extent of coast from Muong' Bang

Tapan to Muong Pase, the basins of the rivers on which those two places are-

situated, and the basins of the other rivers, the estuaries of which are included in

that coast; and including also the territory lying to the north of the basin of the-

Menam and situated between the Anglo-Siamese frontier, the Mekong River, and

the Eastern watershed of the Me Ing. They further engage not to acquire within

this region any special privilege or advantage which shall not be enjoyed in common

by, or equally open to, Great Britain and France and their nationals and dependents.

These stipulations, however, shall not be interpreted as derogating from the special

clauses which, in virtue of the Treaty concluded on Oct. 3, 1893, between France

and Siam, apply to a zone of 25 kilom. on the right bank of the Mekong and to the-

navigation of that river.

II. —Nothing in the foregoing clause, shall , hinder an

two Powers may agree and which they shall think necessary in ordier to uphold

the independence of the Kingdom of Slam. But they engage not to enter into

any separate agreement .permitting a third Power to take any action from which

they are bound by the present declaration themselves to abstain.

III. —From the mouth of the Nam Huok northwar

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 each of the two countries shall hot exercise any jurisdiction or

authority within the possessions of sphere of influence of the other.

The police

the British shoreof bytheaislands

branch inof the

thisriver,

part shall,

of thesoriver,

long aswhich

they are separated

are thus from

separated,

lie entrusted ,to the French authorities. The fishery shall be open to th®

inhabitants of both banks.

iy.—The two Governments agree that all commercial and other privileges and

advantages conceded in the two Chinese provinces, of Yunnan and Szechuen either

toof Great

MarchBritain

1, 1894,or and

France,

Junein 20,virtue

1895,of and

theirallrespective

privileges Conventions with, ofChina

and advantages any

nature which may in the future be conceded in these two Chinese provinces, either

to Great Britain or France, shall* as far as rests with them, be extended and

rendered common to both Powers and to their nationals and dependents, and they

engage to use their influence and good offices with the Chinese Government for

this purpose.

TREATY PORTS, PORTS OP CALL, AND PLACES OPEN

TO FOREIGN TRADE IN THE EAR EAST

E.O. signifies “ effectively i>peued.”]

".n Ul ,ui v.t t- i ,71'ql,V nh„inri:£

I.—CHINA

(a) Treaty ports and places opened by China to foreign trade: —

Aigun (Sino-Japanese Treaty, 1905 ; actually opened, June 28, ]9 )7).

Ajnoy (Nanking), 1842.

Antung (United States’ Treaty, 1903; actually opened, May 1, 1906).

Canton (Nanking, 1842).

Changchun (Japanese Treaty, 1905, E.O. January 14, 1907).

Changsha (Japanese Treaty of October 8, 1903, E.O. July 1, 1904).

Chefoo (Tentai or Tabgchow) (Tientsin, 1858, E.O. 1861). a

Chinan (Imperial Decree, 1904, E.O. January 20, 1906).

Ching-wang-tao (Imperial Decree, 1898).

Chinijdang (Tientsin, 1858, E.O. 1861).

Choutsun (Imperial Decree, 1904, E.O. January 20, 1906).

Chungking (Additional Article, Peking, 1896; Shimonpseki, 1895).

Dairen (Dalny) (by Japan, E.O. September 1, 1906).

Eakumen (Japanese Treaty, 1905, E.O. September 10, 1906).

Feng Huang Cheng (Sino-Japanese Treaty, 1905; actually opened, June 23,1907).

Foochow (Nanking, 1842).

Hailar (Sino-Japanese Treaty, 1905 ; actually opened. June, 28, 1907),

Hangchow (Shimonoseki, 1895).

Hankow (Tientsin, 1858, E.O. 1861). b.

Harbin (Japanese Treaty, 1905, E.O. January 14, 1907).

Hun Chun (Sino-Japanese Treaty, 1905 ; actually Opened, Jtiud 28, 1907).

Ichang (Chefoo, 1876, E.O. 1877).

Kiao-chau.

Kirin (Japanese Treaty, 1905, E.O. January 14, 1907).

Kiukiang (Tientsin, 1858, E.O. 1861). b

Kiungchow (or Hoihow-in-Hainan) (Tientsin, 1858)'.

Kong Kung Market (Special Article, 1897, modifying Burmah Cohvention, 1894) .

Kongmoon (Shanghai Treaty, 1902).

Kowloon, port of entry for Canton.

•Kuang-chouwan (leased to France).

Lappa, port of entry for Cantoti.

Liao Yang (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907),

Lungchow (French Treaty, 1886).

Mandchourie (Manchuli) (Japanese Treaty, 1905, E.O. January 14, 1907).

Mengtze (French Treaty, 1886).

Mukden (United States’ Treaty, 1903; actually opened, June 1, 1906).

Nanking (French Treaty, 1858, E.O. 1899).

Nanning (Note from Tsung-li Yamen to Sir 0. MacDonald of February 4, 1897,

supplementing Treaty of 1897 modifying Burmah Convention of 1894, E.O.

January 1, 1907).

Newchwang (or Yingkow) (Tientsin, 1858, E.O. 1861). c

Ningpo (Nanking, 1842).

Ninguta (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).

Pakhoi (or Pei-hai) (Chefoo, 1876, E.O. 1877).

Samshui (Special Article, 1897, modifying Burmah Convention, 1894).

aI Hankow

Tangchowandis Kiukiang

the pert named

were in the Treaty, but Chefoowith

is the portChinese

actuallyGovernment,

opened.

November,is 1860,

c Yingkow as ports

the port to be.selected,

of Xewchwang. openedbyunder

arrangement

Article X. of thetheTreaty cf Tientsin. in-

:64 FOREIGN TRADE IN THE FAR EAST

Sanhsing (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).

Santuao (or Funin^r) (Imperial Decree, 1898).

Shanghai (Nanking, 1842).

Shashi (ShimonoSeki, 1895).

Sinminting (Japanese Treaty, 1905, E.O. October 10, 1906).

Soochow (Shimonoseki, 1895).

Swatow (or Chao-Chow) Tientsin, 1858, E.O. 1860). a

Szemao (French Additional Convention, 1895),

Ta-tung-kou (Japanese Treaty, 1903).

Tengyueh (Momein) (Agreement of 1897, modifying Burmah Convention, 1894)

Tiehling (Japanese Treaty, 1905, E.O. September IQ, 1906).

Tientsin (Peking, 1860).

Tsi-tsi-har (Japanese Treaty, 1905, E.O. January 14, 1907).

Tungchiangtzu (Japanese Treaty, 1905, E.O. September .10, 1906).

Weihaiwei.

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).

Yochow (Imperial Decree, 1898).

Ports of call

{!.) 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 Tang-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 Sing (Shanghai Treaty, 1902). c d

Yungki (Shanghai Treaty, 1902). c d

a Not

Chao-Chow is the portwith

named in thetheTreaty.

cb Opened

to beforconfounded

His passenger

Majesty’s trafficIinchang,

Consul-General January,

prior

Treaty

to1903, byport,

the Viceroy

ratification of Canton, at the suggestion

of Treaty.

d Canton Consulate reported, June 20,

by Customs notification of March 1, 1904. 1904, by telegram that all had been declared open

FOREIGN TRADE IN THE FAR EAST 55-

IL—COREA

Tt eatj ports:—

Chemulpo (opened 1880 under Japanese Treaty, 1876).

Chinnampo (opened October 1, 1897).

Chungchin (opened April 1, 1908).

Fusan (Japanese Treaty, 1876).

Kansan (May 1, 1899).

Masampo (May 1, 1899).

Mokpo (October 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).

Yang-wha-chin (opened 1883 under Japanese Convention, 1882).

Yongampo (date of opening not yet fixed).

Wiju (date of opening not yet fixed).

N.B.—At Yongampo and Wiju the Customs opened offices in July, 1906, and

foreign steamers call there without objection on the part of the authorities.

III.—SIAM

Article IV. of the Treaty of April 18, 1855, stipulates that:—

“British subjects are permitted to trade freely in all the seaports of Siam, but

may reside permanently only At Bangkok or within the limits assigned by this

Treaty.”

g At the port

1st December, 1907 of Awomori the following additional goods may he imported from the"

Tinplates, iron tubes, solder.

h At the poi-t

the exception of Muroran

of those prohibitedall byarticles

Articlemay,10 beof, the

imported

Customs afterTariff

the 1st

Raw.'December, 1907, with,

i At the port of Wakamatsu the following goods may be imported:^—

Freshunhulled

Rice, eggs. rice, barley, wheat, oats, Indian corn and beans.

Iron

Pig ore.

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.

k 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 Victokia, Chaptkr 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

foreign countries, and it.is expedient to consolidate the Acts relating to

the exercise of Her Majesty’s jurisdiction out <>f Her dominions:

Be it therefore enacted by the Queen’s most Excellent Majesty, by

and with the advice and consent of the Lords Spiritual and Temporal,

and Commons, in this present Parliament assembled, and by the

authority of tte same, as follows :

•Eieroise

ioriadiction of in 1. —It is and shall he l

foreign country. exercise, and enjoy any jurisdiction which Her Majesty now has or may

at any time hereafter have within a foreign country in the same and as

ample a manner as if Her Majesty had acquired that jurisdiction by the

cession or conquest, ,oUterritory.

2. —Where a .foreign cou

whom Her Majesty the Queen might obtain jurisdiction in the manner

recited by this Act, Her Majesty shall by virtue of this Act have jurisdic-

tion over Her Majesty’s subjects for the time being,resident in or resort-

ing to that country, and that jurisdiction shall be jurisdiction of Her

Majesty in a foreign country within the meaning of the other provisions

of this Act.

Validityin pursu-

done of acts 3. —Every act and thing

ance of jnrisdic- Majesty in a foreign country shall be as valid as if it had behii done

according to the local law then in force in that country.

existence or Majesty’s 4. —(1.) If in any proce

extent ofin juris- dominions or held under the authority of Het Majesty, any

diction

•country- foreit :» question arises as to the existence or extent of any jurisdiction of Her

Majesty in a foreign country, a Secretary of State shall, on the application

of the Court, send to the Court within a reasonable time his decision on

the question, and his decision riiall for the purposes of the proceeding

be final.

(2.) The Court shall send to the Secretary of State, in a document

under the seal of the Court, or signed by a Judge of the Court, questions

framed so as properly to raise the question, and sufficient answers to

those questions shall be Returned by the Secretary of State to the Court,

and those answers shall, on production thereof, be conclusive evidence of

the matters therein contained.

,d 5.—(1.) It shall be lawful for Her Majesty the Queen in Council,

, if she thinks fit, by Order to direct that all or any of the enactments

described in the First Schedule to this Act, or any 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.

FOKElGiV JUKISDICTION ACT, 1890 57

(2.) Thereupou those enactments .shall, to the extent of that

jurisdiction, operate as if that country were a British possession, and as

if Her Majesty in Council were the Legislature of that possession.

6.—(1.) Where a person is charged with an offence, cognizable by cower to send

a British court in a foreign country, any person having authority derived

from Her Majesty in that behalf may, by warrant, cause the person so trial098es910n

to a Bntisi*

charged to be sent for trial to any British possession for tee time being P -

appointed in that behalf by Order in Council, and upon the arrival of the

person so charged in that British possession, such criminal court of that

possession as is authorised in that behalf by Order in Council, or, if no

court is so authorised, the supreme criminal court of that possession may

pause him to be kept in safe and proper custody, and so soon as con-

veniently may bp may inquire of, try, and determine the offence, and on

conviction punish, the offender according to the laws in force in that

behalf within that possession in the same manner as if the offence had

been committed within the jurisdiction of that criminal court.

Provided that—

(a.) A person so charged may, before being so sent for. trial,

tender for examination to a British court in the foreigti country

where the offence is alleged to have been committed any

competent witness whose evidence he deems material for his

defence and whom he alleges himself unable to produce at the

trial in the British possession:

(b.) In such case 1 the British court in the foreign country shall

proceed in the examination and cross-examination of the witness

as though he bad been tendered at a trial before that court, and

shall cause the evidence so taken to be reduced into writing,

and shall transmit to the criminal court of the British possession

by which the person charged is to be tried a copy of the evidence,

certified as correct under the seal of the court before which the

evidence was taken, or the signature of a judge of that court:

(c.) Thereupon the court of the British possession before which the

trial takes place shall allow so much of the evidence so taken as

would have been admissible according to the law and practice

of that court, had the witness been produced and examined at

the trial, to be read, and received as legal evidence at the trial:

(d.) The court of the British possession shall admit and give effect

to the law by which the alleged offender would have been tried

by the British court in the foreign country in which his offence

is alleged to have been committed, as far as that law relates to

the .criminality, of, thp,, act alleged to have .^eon-committed, or

the nature or degree of the. offence, or the punishment thpreof,

if the law differs in those respects from the law in force in that

British possession.

(2.) Nothing in this section shall alter or repeal any law, statute, or

usage by virtue of which any offence committed out of Her Majesty’s

dominions may, irrespectively of this Act, be inquired of, tried, determined

and punished within Her Majesty’s dominions, or any part thereof.

7. Where an offender convicted before a British court in a foreign provision as to

country has been sentenced by that court to suffer death, penal servitude, ^ent of person*

imprisonment, or any other punishment, the sentence shall be carried convicted,

into effect in such place as may be directed by Order in Council or be

determined in accordance with directions given by Order in Council, and

the conviction and sentence shall be of the same force in the place in

which the sentence is so carried into effect as if the conviction had been

made and the sentence passed by a competent court in thaf place.

FOREIGN JURISDICTION ACT, 1890

Validity of0rder

acts 8. Where, by Order in Council made in pursuance of this Act, any

toComictf deportation

British courtof inanya person

foreign from

country

thatiscountry,

authorised that toremoval

order the removal or

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 aasign 9. It shall be lawful for Her Majesty the Queen in Council, by

WrituhOourtain

eases within held Order,under

to assign to of confer

the authority of HeronMajesty,

any court anyin,any Britishcivil

jurisdiction, possession, or

or criminal,

jurisdiction .Act. tooriginal or appellate, which may lawfully by Order

or conferred on any British court in any foreign country, and to in Council be assigned

make such provisions and regulations as to Her Majesty in Council seein

meet respecting the exercise of the jurisdiction so assigned or conferred,

and respecting the enforcement and execution of the judgments, decrees,

orders, and sentehces of any such court, and respecting appeals therefrom.

Power to amend or var10. It shall be lawful for Her Majesty the Queen in Council to revoke

Council'" y any Order in Council made in pursuance of this Act.

Laying before 11. Every Order in Council made in pursuance of this Act shall be

laid before both Houses of Parliament forthwith after it is made, if

orders

Counciiin meat Parliament

of the bethenthennextinsession

session,ofand if not, forthwith

Parliament, and shallafter

havetheeffect

commence-

as if it

were enacted in this Act.

in what cases 12.—(1.) If any Order in Council made in pursuance of this Act as

Cmmcii'void ofrespects

repugnancy. any Actanyofforeign

Parliamentcountryextending

is in anytorespect Her repugnant

Majesty’s tosubjects

the provisions

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

protection offor person13.—(1.)

for anyAn actaction,done suit,

in prosecution,

pursuance oror execution proceeding oragainst any

intended

acting'under

1 8 1 0 execution

r er n of this Act, or of any enactment repealed by this Act, or of any

tion'icts " * ' ’ ^Majesty

^ i asCouncil made under

is mentioned in thisthisAct,Act,or orin ofrespect

any such jurisdiction

of any of Her

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 coilrt 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 Majesty5s dominions

unless the cause of action arose within the jurisdiction of that

court, and the action is commenced within six months next

after the act, neglect or default complained of, or, in case

of a continuance of injury, or damage, within six months next

after the ceasing thereof.

FOREIGN JURISDICTION ACT, 1890

(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 Council to

make any law that may seem meet for the government of Her Majesty’s “^EaiteroseMn9

subjects being in any vessel at a distance of not more than one hundred '

miles from the coast of China or of Japan, as fully and effectual as any

such law might be made by Her Majesty in Council for the Government

of Her Majesty’s subjects being in China or in Japan.

15. —Where any Order in Council made in pursuance l IJ e c t 8ofofIndia

this2 Act

extends to persons enjoying Her Majesty’s protection, that expression prnnc i n c e98 '

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 0efinitiong

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 to this Act may

be revoked or varied by Her Majesty by Order in Council. Second SchedoiT

18. —The Acts mentioned in the Third Schedule to this Act are

hereby repealed to the extent in the third column of that schedule

mentioned: Provided that,—

(1) Any Order in Council, commission, or instructions made or

issued in pursuance of any enactment repealed by this Act, shall,

if in force at the passing of this Act, continue in force, until

altered or revoked by Her Majesty as if made in pursuance of

this Act ; and shall, for the purposes of this Act, be deemed

to have been made or issued under and in pursuance of this

Act ; and

(2) Any enactment, Order in Councillor 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 Jurisdiction Act.

1890.

(2.) The Acts whereof the short titles are given in the First Schedule

to this Act may be cited by the respective short titles given in that

schedule.

FOREIGN JURISDICTION ACT, 1890

SCHEDULES

FIRST SCHEDULE (Sections 5 and 19)

Enactments which

andSession

Chapter. Title. MAT BE EXTENDED

bt Council.

Order in Short Title.

12 & 13 Viet. c. 96. j An Act to provide for the Pro- The whole Act. Admiralty Offences

j| Majesty’s

secution Colonies

and Trialof Offences

in Her (Colonial)

1849. Act,

] committed

diction of ■within

the the juris-

Admiralty.

14 & 15 Viet. c. 99. An Act to amend the law of Sections seven and Evidence Act, 1851.

17 & 18 Viet. c. 104. Theevidence. Merchant Shipping Act, ‘ Parteleven. X.

19 & 20 Viet. c. 113. An1854. Act to provide forMajesty’s

taking The whole Act.. Foreign Tribunals

evidence in Her Evidence Act,

I! and

Dominions

commercialin relation

matters topend-

civil j| 1856.

22 Viet. c. 20. An Act to provide for taking j| The whole Act.'

j ing before Foreign tribunals, Evidence by Com-

1 evidence in Suits and Proceed- mission Act, 1859.

j inings Herpending

intionplaces out

beforeDominions,

Majesty’sof the

Tribunals j

jurisdic- j

22 & 23 Viet. c. 63. | An Actoftosuch tribunals.

afford Facilities for The whole Act. British Law Ascer-

the

ment more

of the certain

Law Ascertain-

administered tainment

1859. Act,

inDominions,

one Part ofwhen Herpleaded

Majesty’sin |

the

thereof.Courts of another Part :

23 122.

& 24 Viet. c. j* Anturesof Act toHerenable the Legisla- [' The whole Act. Admiralty

sions Abroad Majesty’s

to make Posses-

Enact- j fColonial)Offences

1860. Act,

mentsofsimilar

ment toninth,

the George

the Actchapter Enact- I

! the Fourth,

one, section eight. thirty- i

34 & 25 Viet. e. 11. An Act to afford facilities for The whole Act. Foreign Law Ascer-

I the the Law betterof Foreign

Ascertainment

Countries of j tainment

1861. Act,

j■ inwhen Her pleaded

Majesty’sin Courts with-

Dominions.

30 124.& 31 Viet. c. 1 The1867.Merchant Shipping Act, ■ Section eleven.

37 & 38 Viet. c. 94. i The Conveyancing (Scotland) | Section fifty-one.

44 & 45 Viet. c. 69. I TheAct,Fugitive1874. Offenders Act, The whole Act.

48 & 49 Viet. c. 74. The1881.Evidence by Commission i The whole Act.

j Act, 1885.

FOREIGN JURISDICTION ACT, 1890 61

SECOND SCHEDULE (Section 17)

Acts which may be revoked or varied by Order in Council

Session and Chapter. Extent of Repeal.

24 & 25 Viet. c. 31. An Act for thecommitted

ofsubjects

offences preventionbyandHerpunishment

Majesty’s The whole Act.

cent to within

the certain

colony of territories

Sierra Leone.adja-

26 & 27 Viet. c. 35. An Act for thecommitted

preventionbyandHerpunishment

of offences

subjects in South Africa. Majesty’s The whole Act.

THIRD SCHEDULE (Section 18)

Enactments repealed

Session and Chapter. i Short Title. Extent of Repeal.

71 Viet.

Viet. c.c. !: TheActForeign

An Jurisdiction

to confirm an OrderofAct,injurisdiction

1843. con-

Council

cerning

matters the exercise

arising within the kingdom inof

9 Viet. c. : Siam.

TheAct,

Foreign Jurisdiction Act Amendment The whole Act.

0 Viet. c. f TheAct, 1865.Jurisdiction

Foreign Act Amendment The whole Act.

4 Viet. c. ? 1866.

Thediction

Siam and Straits

The Foreign 1870. Act, 1875. Juris-

Settlements

Act,Jurisdiction The whole Act.

An offences

Act for against

more effectually punishingto

41 & 42 Viet. c. 67 ThetheForeign trade. the Act,

slave Jurisdiction laws relating

1878. The whole Act.

ORDERS IN COUNCIL

ORDER OF HIS MAJESTY THE KING IN COUNCIL

FOR THE GOVERNMENT OF HIS MAJESTY’S

SUBJECTS IN CHINA AND COREA

At the Court at Buckingham Palace, the 24th day op 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 j urisdiction within the dominions of the Emperor

of China and of the Emperor of Corea;

Now, therefore, His Majesty, by virtue and in exercise of the powers

in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His

Majesty vested, is pleased by and with the advice of his Privy Council to-

order, and it is hereby ordered, as follows:—-

I.—Preliminary and General.

Division Of

Order. 1. This Order 14 divided into parts, as follows:—

I. Preliminary and General 1-6 ,

II. Constitution and Powers of Courts 7-34

III. Criminal Matters 35-88

IV. Civil Matters 89-117

V. Procedure, Criminal and Civil 118-128

VI. Mortgages and Bills of Sale... 129-150

VII. Foreign Subjects and Tribunals 151-154

VIII. Regulations 155-159

IX. Miscellaneous 160-171

Schedule of Repealed Orders.

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 COKEA

3. In the construction of this Order the following words and expres- Uointerpreta-

thing in the subject or context repugnant thereto, that is to say:—

"Administration” means letters of administration, including the

same with will annexed or granted for special or limited purposes

or limited in duration.

“ British ship ” means a merchant-ship being a British ship within

the meaning of the Merchant Shipping Act, 1894, and includes

any ship provided with sailing letters from the Governor of

Hongkong, or from His Majesty’s Minister in China or Corea.

“British possession” means any part of His Majesty’s (Jominions

4 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

41 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.

OEDEES IN COUNCIL

“ Month ” means calendar month.

“Oath” and “affidavit,” in the case of persons for the time being: •

allowed by law to affirm or declare, instead of swearing, include j

affirmation and declaration, and the expression “swear,” in the d

like case, includes affirm and declare.

“Offence” includes crime, and any act or omission punishable '

criminally in a summary way or other-vise.

“ Person” includes Corporation.

“ Prescribed ” means prescribed by Regulations or Rules of Court.

“ Prosecutor ” means complainant or any person appointed or allowed: '

by the Court to prosecute.

“Proved” means shown by evidence on oath, in the form of affidavit,

or other form, to the satisfaction of the Court or Consular

officer acting or having jurisdiction in the piatter, and‘‘‘ proof ”

means the evidence adduced in that behalf.

“Rules of Court” means rules of Court made under the provisions

of this Order.

“ Secretary of State” means one of His Majesty’sPrincipal Secretaries

of State.

“Ship” includes any vessel used in navigation, however propelled,

with her tackle, furniture a,nd apparel, and any boat or other craftr

“ The Treasury ” meansthe Commissioners of His Majesty’s Treasury,.

“ Treaty ” includes any Convention, Agreement, or Arrangement,

made by or on behalf of His Majesty with any State or Go vern-

ment, whether, the Goverriment of China or of Corea is a party

thereto or hot.

“ Will ” means will, codicil, or other testamentary instrument.

Expressions used in ahythles; regulations, or orders made tinder this

Order shall, unless a contrary intention appears, have the same respective

meanings as in this Order.

4. — (1) In this Order, words importing the plural hr the singular

may be construed as referring to one person, or thing, of. to .more than

One pesrSon or thins?, and tvdfds importing the masculine as referring to

the feminine (as the cast!’ ihay requirA)!'

(2) Where this Order confers any power or imposes any duty, then,

unless a contrary intention appears, the power maybe 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 power1 may be exercised and the duty shall be per-

formed by, or with respect to, the holder for the time being of the office

or the person temporarily acting for the holder.

(4) Where this Order confers a power to make any rules, regulations,

or orders, the power shall, unless a Contrary intention appears, be construed

as including a power exercisable in the like manner and subject to the

like consent and conditions, if any, to rescind, revoke, vary, or amend

the rules, regulations, or orders.

(5) This Article shall apply to the Construction of any rules, regula-

tions, or orders made under this Order, unless a contrary intention appears.

Extent oi 5. The jurisdiction conferred by this Order extends t6 the persons

Jnritdiction. and matters following, in so far as by Treaty, grant, usage, sufferance, or

other lawful means, His Majesty has jurisdiction in relation to such-

matters and things, that is to say;—

(1) British subjects, as hereiti defined, within the limits of this Order.

(2) The 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 ndt.

H.B.M. SUBJECTS IN CHINA AND COREA.

(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.

b. 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 Jurisd,c 100

maintenance of order, or for the control or administration of persons or

property, or in relation thereto, shall be exercised under and according to

the provisions of this Order, and not otherwise.

II.—Constitution and Powers of Courts.

(i) Supreme Court.

7. —(I) There shall be a Court styled “ His Britannic Constitution

Majesty’s

Supreme Court for China and Corea” (in this Order referred to as the ofCourt. Supreme

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.

(3J 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, tlieopinion 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.

(fi) 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

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

Judge, or in case of the absence, or illness, or other incapacity of an Acting Assiu

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.

ORDERS IN' 'COUNCIL

; The person so appointed shall, during the continuance of his appoint-

ment, have all the power and authority of an Assistant Judge.

Additional

Assistant provided .10. The Secretary of State may appoint either a person qualified as

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 Crown12.Advocate, a Registrar, a—(1): There shall be'

Court. 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.

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 be 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 a1 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 disapproved or revoked by

the Secretary of State.

Judges and 15. The Judge, each Assistant Judge, and the Registrar shall hold

Registrar. office during the pleasure of His Majesty.

Revocation of

Appointments. 16. In case at any time His Majesty thinks fit by warrant under his

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 holding office, all powers aiid 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.

H.B.M. SUBJECTS IN CHINA AND COREA 67

17. The Supreme Court shall ordinarily sit at Shanghai; but 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 of the Supreme Court.

18. The Judge or under his directions an Assistant Judge may visit, visitation of

in a magisterial or judicial capacity, any place in China or Corea, and Judge8-

there inquire of, or hear and determine, any case, civil or criminal, and

may examine any records or order documents in any Provincial Court,

and give directions as to the keeping thereof.

(ii) Provincial1 Courts.

19.—(1) Every commissioned.Consular officer, with the exception of Oonatitution.

those at Shanghai and with such other exceptions (if any) as the Secre- court.Vmcla

taryof State thinks fit to make, shall for and in his Consular district

bold and form a Court, in this Order referred to as a Provincial Court.

(2) Where His Majesty’s Minister in China or Corea, as the case

may be, appoints any person to be Acting Consul-General, Consul, or

Yice-Consul at any port or place in China or Corea, which is for the time

being open to foreign trade, and at which no commissioned Consular

officer is resident, that person shall hold, and form a Provincial Court for

the district for which he is appointed to act.

(3) Every Provincial Court shall be styled “His Britannic Majesty’s

Court at Canton ” (or as the .case may be).

(4) Every Provincial Court may, with the approval .of the Judge of

the Supreme Court, appoint a competent, person, or persons, to perform .

such duties and to exercise such powers in and for'that Court as are by

this Order and any Rules of Court imposed., or. conferred upon the Regis-

trar and Marshal respectively, and any person so appointed shall perform

such duties and exercise such powers accordingly.

(5) Every Provincial Court shall have a seal bearing its style and

such device as the Secretary of State from time to time directs; but

where such a seal is not provided, the ^al of the Consular officer holding

the Court may be used.

(in) Jurisdiction .of Courts. 1

20. The Supreme Court, and each Provincial Court, shall, in the courts of

exercise of every part of its jurisdiction, he a Court of Record. Record.

21. All His Majesty’s jurisfliction;>civil and criminal, including any jurisdiction of

jurisdiction by this Order conferred ; expressly on a Provincial Court, courfat

shall for and within the district of the Consulate of Shanghai be vested Shanghai,

exclusively in the Supreme Court as its Ordinary original jurisdiction.

22. All His Majesty’s jurisdjctionj civibaud criminal, not under this jurisdiction of

Order vested exclusively in the Supreme Odurt, shall to the exteht and in £™vr“cial

the manner provided by this Order be vested in the-Provincial Courts.

23. The Supreme Court shall have in all matters; civil and criminal; Concurrent

an original jurisdiction, cOncuirrent with the .jurisdiction of the several ^^,on ol

Provincial Courts, to be exercised subject and according to the provisions Court.

of this Order.

24. —(1) The Registrar of the Supreme Court shall, subject to any ju

directions of the Judge, hold preliminary examinations, and shall hear Reg'strHr

and determine such criminal cases in that Court as are not; under this

Order, required to be heard and determined on a charge.

(2) Tbd Registrar shall also have authority to.'hear and determine

such civil actions as may be aSsigneditoihim by the Judg3vbut .actims

«S (ORDERS IN 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 reported 25. —(1) Where an

Supreme

Court. 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 he tried.

Courts

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: —

(«) In the case of the Supreme Court, by the Court itself, or by the

Court with a jurv, or with assessors.

(1) In the case of a Provincial Court by the Court itself, or by the

Court with assessors.

Process of • 29. Any of His Majesty’s Courts in China or Corea may cause any

Hongkong. kong, in anyorder,

•Court of summons, or judgment issuing from the Supreme Court of Hong-

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. —fl) Notwithstan

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 by him personally or in writing

to the Court, tlie giving or production thereof would be injurious to His

•Operation

imperial of Majesty’s service.

31. Where, by virtue of any Imperial Act, or of this Order, or other-

Acts, Ac. 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 proced ure 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 fas the case

may require) for that purpose; and the seal of the Suprt-me or Provin-

cial Court (as the case may be), may be substituted for any other seal,

and in case any difficulty occurs in the application it shall be lawful for

-a Secretary of State to direct by,' to, or before whom and in what man-

ner anything is to be done, and such Act, Law, Order, Form, Regulation,

or Procedure shall be construed accordingly.

Where under any such Imperial Act, Law, or Order any publication

is required to be made, as respects any judicial proceeding in any

•Gazette or otherwise, such publication shall in China or C* u ea be made

in such newspaper or by such other mode as the Court shall think fit

I ito direct.

Jurors and Assessors.

32.—(1) Every male resident British subject—being of. the-age of jury.

21 years upwards—having a competent knowledge oi 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

convicted of any crime that is infamous (unless he has obtained a free

pardon) and not being under outlawry—shall be qualified to serve on

.a jury.

(2) All persons so qualified shall be liable so to serve, except the

following persons, who shall nevertheless be competent to serve, that is

. :tO say :—

Persons in His Majesty’s Diplomatic, Consular, or other Civil Ser-

vice, in actual employment ;

Officers, clerks, keepers of prisons, messengers, and other persons

attached to or in the service of the Court;

Officers and others on full pay in His Majesty’s navy or army, or in

actual employment in the service of any Department connected

therewith;

Persons holding appointments in the civil, naval, or military service

of China or Corea ;

Clergymen and other ministers of religion in the actual discharge

of professional duties ;

Legal practitioners in actual practice;

Physicians, surgeons, and apothecaries in actual practice;

Persons who are over 60 years of age or are disabled by mental or

bodily infirmity.

(3) A jury shall consist of such number of jurors, not more than

twelve nor less than five, as may be determined in accordance with Rules

»of Court; and in such Rules different provisions may be made with

'respect to the several places at which the Supreme Court may sit, regard

being 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 give 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 and summoned by the Court for the

purpose of acting as Assessor.

(2) In the Supreme Court thei’e may be one, two, or three Assessors, j

as the Court thinks fit.

(3j In a'Provincial Court there shall ordinarily be not fewer than ^

two, and n6t more than four, Assessors. Where, however, by reason of 1:

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 like1 reasons, the Court is not able to obtain the presence

of an Assessor, the Court may, if it thinks fit, sit without an Assessor—

the Court in every case, recording in the Minutes its reasons for sitting

with one Assessor only or without an Assessor.

(4) An Assessor shall not have any voice in the decision of the Court

in any case, civil or criminal ; but an Assessor dissenting, in a civil case,

from any decision of the Court, or, in a criminal case, from any decision

of the Court or the cohvi6tion 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 (or 34.—(1) Any person failing to attend as juror or Assessor according

anceattend" t°be aliable

summons shallnotbeexceeding

to a fine deemed guilty of aa contempt

<£10, but of Court,

person shall not beand

liableshallto-

fine for non-attendance unless he is resident in the Consular district in

which the Court sits.

(2) Any such fine shall not be levied until after the expiration of

fourteen days. The proper officer of the Court shall forthwith give to

the person fined notice in writing of the imposition of the fine, and

require him within six days after receipt of the notice to file an affidavit

excusing non-attendance (if he desire to do so). The Court shall con-

sider the affidavit, and may , if it seems proper, remit or reduce the fine.

HI;—CniMiNAL Matters.

Application

criminal lawot 35. —(1) Except as r

©(England. or any other Order relating to China or Corea, or by .any Rules or Regu-

lations made under any Order;

Any act- that would not by a Court of Justice having criminal

jurisdiction in England be deemed an offence in England, shall

not, in the exercise of criminal jurisdiction under this Order, be

deemed an offence, or be the subject of any criminal proceeding

under this Order.

(2) Subject to the provisions of this Order, criminal jurisdiction

under this Order shall, as far. as circumstances admit; be exercised on

the principles of* and in, cpnforrnity with, English law for the time being,

and with the powers vested in the Courts of Justice and Justices of

the Peace in England, according to their respective jurisdiction and

authority.

/ Local Jurisftiptioy in Criminal Matter?. ,

summon 36. Every Court may cause to be summoned or arrested, and brought

Offenders. before-it, any person subject to and being within the limits of its juris-

diction, and accused of iiavihg committed an offence cognizableUnder

this Order, and may -deal with the accused according to the jurisdiction

of the Court and in conformity with the provisions of this Order.

SUBJECTS IN CHINA AND COEEA 71

37. For the purposes of criminal jurisdiction every offence and cause ®for

of complaint committed or arising within the limits of this Order shall' purposes of

be deemed to have been committed or to have arisen, either in the place' tr"“*

where the same actually was committed or arose, or in any place where

the person charged or complained of happens to be at the time of the

institution or commencement of the charge or complaint.

38. Where a person accused of an offence escapes or removes from Escape and

the Consular district within which the offence was committed, and is J^oUie1™

found within another Consular district, the Court within whose district district,

he is found may proceed in the case to trial and punishment, or to pre-

liminary-examination (as the case may require), in like manner as if the

offence had been committed in its own district; or may; on the requisi-

tion or with the consent of the Court within whose district the offence

was committed, send him in custody to that Court, or require him to

give security for his surrender to that Court, there to be dealt with

according to law.

• Where any person is to be so sent in custody, a warrant shall be issued

by the, Court within whose district he is found, and that warrant shall

be sufficient authority to any person to whom it is directed to receive

and detain the person therein named, and to carry him to and- deliver

him up to the Court within whose district the offence was committed,

according to the warrant.

39. —(1) In cases of mux-der or manslaughter if either the death, or A

the criminal act which wholly or partly caused the death, happened offences, &c.

within the jurisdiction of a Court acting under this Order, that Court

(Shall have the like jurisdiction over any British subject who is accused

-either as the principal offender, or as accessory before the fact to murder,

or as accessox-y after the fact to murder or manslaughter, as if both the

criminal act and the death had happened within that jurisdiction.

* (2) lu the case of any offence committed on the -high seas, or with-

in the Admiralty jurisdiction, by any British subject'on board a British

ship, or on boai'd a foreign ship to which he did not belong, the:Court

shall, subject to the provisions of this Order, have jurisdiction as if the

•offence had been committed within the jurisdiction of that Coux-t. In

cases tried under this Article no different' sentence can be' passed from

"the sentence which could be passed in England if the offence were tried

there;

• ’ (3) The foregoing provisions of this Article shall be'deemed to1 fee'

adaptations, for the purposes of this Order and of the Foreign Juris-

diction Act, 1890, of the following enactments, that is to say :—

The Admiralty Offences (Colonial) Act, 1849.

The Admiralty Offences (Colonial) Act, 1860.

The Merchant Shipping Act, 1894, Part. XIII.

And those enactments shall apply accordingly and be administered in

•China and Corea.

Apprehension and Custody of Accused Persqns.

40. —(1) Where a person accused of an offence is arrested on a B

warrant issuing out of any Court, he shall be brought before the Court o0c^d be

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 an accused person is in custody, he shall not be

remanded at any time for more than seven days, unless circumstances

72 ORDERS IN COUNCIL

appear to tbe Court to make it necessary or proper that he should bo

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

hip of 42. Where the Supreme Court or a Provincial Court issues a sum- i

‘ 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

Biecution of this provision

43. Everyinto effect. Court shall execute any writ, order, or warrant

Provincial

Supreme

-Court. issuing from the Supreme Court, and

named therein for 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.—(1) The Court may, in its discretion, admit to bail persona

accused of any of the following offences, namely :-r-

Any felony.

Biot.

Assault on any officer in the execution of his duty, or on any

person acting in his aid.

Neglect or breach of duty by an officer.

But a person accused of treason or murder shall not be admitted to

bail except by the Supreme Court.

(2) In all other cases the Court shall admit the accused to bail

unless the Court, having regard to the circumstances, sees good reason

to the contrary, which reason shall be recorded in the Minutes.

(3) Tbe 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.

Trial with jury

or assessors. 45.—(1) Where the offence charged is treason or murder the case

mu8t tried on a charge before the Supreme Court with a jury.

(2) In each of the two following cases, namely :—

(i) Where the offence charged is rape, arson, housebreaking, rob-

bery with violence, piracy, forgery, or perjury; or

(ii) Where the offence charged is any other than as aforesaid, but

it appears to the Court at any time before the trial, the opinion

of the Court being recorded in the Minutes, that the offence

charged, if proved, would not be adequately punished by im-

prisonment for three months with hard labour, or by a fine of

=£20, or both such imprisonment and fine—

The offence shall be tried on a charge with a jury or assessors

(according to the provisions of this Order applicable to the Court) ; but

may, with the consent of the accused, be tried without assessors or jury

H.B.M. SUBJECTS I*J CHINA AND COREA 78

In the Supreme Court, Avhen the accused does not so consent, the charge

I shall be tried with a jury, unless the Court is of opinion that a jury

j cannot lie obt ained,

(3) The Supreme Court may, for any special reason, direct that any

case shall be tried with assessors or a jury, and a Provincial Court may,

for any special reason, direct that any case shall be tried with assessors.

In each such case the special reason shall be recorded in the Minutes.

46. —(1) Where an accused person is ordered to be tried before a s

Court with a jury or with assessors, he shall be tried as soon after the

making of the order as circumstances reasonably admit.

(2) As long notice of the time of trial as circumstances reasonably

admit shall be given to him in writing, under the seal of the Court,

j which notice, and the time thereof, shall be recorded in the Minutes.

47. —(1) The Supreme Court shall, when required by the Secretary B

of State, send to him a report of the sentence of the Court in any case sentence*,

tried before that Court with a jury or assessors, with a copy of the

Minutes and notes of evidence, and witli 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 tile 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 trial-

on the complaint: Provided that where an offence is tried summarily

no greater punishment shall be awarded than imprisonment for three

months or a fine of .£20, or both.

Preliminary Examination.

49. —(1) Where the accused is before the Court, and it appears to P

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 l>e 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 befoie

whereof appertains to any Court established under this Order, and it is

•expedient that the offence be inquired of, tried, determined, and punished dominion*,

m 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 i 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 dt stems'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.

Refusal

enter intoto 51. —(1) If a Britis

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 tidal, 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,&e.of 52. Subject to Rules 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 o^ wit'll assessors, and also to jurors, asses-

sors, interpreters, medical practitioners, or other persons employed- in or

in connection with Criminal cases.

r , . Charges. ■

Trial

charge.on a 53. —(1) The charge

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 the1 matter with which he is charged.

(2) The fact that a charge is made is equivalent to a statement that

every legal condition required by law to constitute the offence charged

was fulfilled in the particular case.

(3) Where the nature.of the case is such that the particulars above

mentioned do not give such sufficient notice as aforesaid, the charge shall

also contain such particulars of the manner in which the alleged offence

was committed as will give such sufficient notice.

(4) For the purposes of the application of any Statute law, a charge

framed under the. provisions of this .Order shall be deemed to be an

indictment. : -

Separatefor

charges 54. For every distinct offence of which any person is accused there

shall be a separate charge, and every such charge shall be tried separately,

except in the cases.foliowing, that is to say;—

(a) Where a person is accused of more offences than one of the same

. kind committed within the space of twelve months from the

first to the last of such offences, he may be charged with, and

tried at one trial for any number of them not exceeding three.

(b) If in one series of acts so connected together as to form the

same transaction more offences than one are committed by the

same person, he may be charged with and tried at one trial for

every such offence.

more definitions or descriptions of offences in any lawor laws.

H.B.M. SUBJECTS IN CHINA AND COREA 76

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,

and tried at one trial for, the offence constituted by such acts

when combined, or one or more of the several offences, but in

the latter case shall not be punished with more severe punish-

ment than the Court which trios, him could award for any one

of those offences.

■(e) If a single act or series , of acts is of such a nature that it is

doubtful which of several offences the facts which can be proved

will constitute, the accused may be charged with having com-

mitted all or any of such offences,, and any number of such

charges may be tried at onceor he may be charged in the

alternative with haying committed some one.,of the offences;

and if it appears in evidence that he has committed a different

offence for which he. might have been charged, he may be

convicted of that offence, although not charged with it.

55. When more persons than one are accused of the same offence or Trial of

of different offences committed in the same transaction, or when one is co-defendants.

accused of committing an offence and another of abetting pr attempting

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, Alterationmayof alter

any charge at any time before the verdict of the jury is returned or the charges.

-opinions of the assessors are expressed; if sitting without jury or asses-

sors, at any time before judgment is pronounced,

(2) Every such alteration shall be read and explained to the accused.

(3) If the altered charge is such that proceeding with the trial

immediately is likely, in the opinion of: the Court, to prejudice the

accused or the prosecutor, the Court may either direct a new trial or

adjourn the trial for such period as may be necessary.

57. —(1) No error or omission in stating either theErrors and or the

offence

particulars shall be regarded at any stage of the case as material, unless variances.

the accused was misled by such error or omission.

(2) When the facts alleged in certain particulars are proved and

constitute an offence, and the remaining particulars are not proved, the

accused may be, convicted, of the offence constituted by the facts proved,

although not charged with it.

(3) When a person is charged with an offence, and the evidence

proves either the commission of a minor offenpe or an attempt to commit

the offence charged, he may be convicted of the minor offence or of the

attempt.

58. —(1) If the accused has been previously cpnvictedof Chargeany.offence,

and it is intended to prove, such conviction for the purpose of affecting previous

the punishment which the Court is competent to award, the fact, date, conviction.

and place of the previous conviction shall be stated in the charge.

(2) If such statement is omitted, the Court may add it at any time

before sentence is passed.

(3) The part of the charge stating the previous tfiopvictions shall

not be read out in Court, nor shall the accused be asked whether he has

been previously, convicted, as alleged in ;th,e.charge; .unless and until he

has either pleaded guilty to, or been convicted of, the subsequent

offence.

(4) If he pleads guilty to, or is convicted of, the subsequent offence

he shall then be asked whether he has -been previously convicted a

alleged in the charge.

76 ORDERS IN COUNCIL

(5) If he answers that he has been so previously convicted, the*

Court may proceed to pass sentence on him accordingly, but, if he denies-

that he has been so previously convicted, or refuses to, or does not,

answer such question, the Court shall then inquire concerning such

previous conviction, and in such case (where the trial is by jury) it shall

not be necessary to swear the jurors again.

Punishments.

59. The jiowers of the Courts with respect to punishments are

Courts. limited as follows:—

(1) The Supreme Court may award in respect of an offence any

punishment which may in respect of a similar offence be awarded

in England: provided that (a) imprisonment with hard labour

shall be substituted for penal servitude, and (5) the Supreme 1

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 eacti day during which the offence

continues after conviction.

(2) A Provincial Court may award imprisonment, not exceeding ,

twelve months, with or without hard labour, and with or

without a fine not exceeding £100; or a fine not exceeding

£100, without imprisonment; or in case of a continuing offence,

in addition to imprisonment or fine, or both, a fine not

exceeding 10s. for each day during which the offence continues

after conviction.

(3) But nothing in this Article shall be deemed to empower any

Court to award for any offence any punishment not authorized

by law in relation to that offence.

Offences

against 60. —(1) If any perso

Order. this not distinguished as a grave offence against this Order, he is liable : —

(1) To a fine not exceeding £5, without any imprisonment; or

(ii) To imprisonment not exceeding one month, without fine; or

(iii) To imprisonment not exceeding fourteen days, w ith a fine not

exceeding 50s.

(2) Imprisonment under this Article is without hard labour.

Orare

againstoffence 61. —(1) If any perso

Order. this distinguished as a grave offence against this Order, he is liable:—

(1) To a fine not exceeding £10, without 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 m

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 m

before it to pay all or part of the expenses of his prosecution, or of hia

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 tht*

H.B.M. SUBJECTS IN CHINA AND COISEA

'« complainant to pay all or part of the expenses of the prosecution, the

>4 amount being specitied in the order.

t (3) In these respective cases the Court may, if it thinks fit, order

1 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

s may be).

(4) In all cases the reasons of the Court for making any such order

8 shall be recorded in the Minutes.

64. Where any person is sentenced by the Supreme Court to sutler death,Punishment,

the punishment of death, the Judge shall forthwith send a report of the

sentence, with a copy of the Minutes of Proceedings and notes of evidence

in the case, and with any observations he thinks fit, to His Majesty’s

Minister in China or Corea as the case may be.

The sentence shall not be carried into execution without the direction

of His Majesty’s Minister in writing under his hand.

If His Majesty’s Minister does not direct that the sentence of death

he 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 may by general order

approved by the Secretary of State, prescribe the manner in which and Pum9huientf-

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 t1>e person therein

named in any prison so prescribed.

(3) For the purposes of this Article “ China ” includes places within

the limits of the Weihaiwei Order in Council, 1901.

66. —(1) Where an offender is sentenced to imprisonment, and the

Supreme Court thinks it expedient that the sentence be carried into effect

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 the place named, according to the

warrant.

67. —(1) A Judge of the Supreme Court may, if he thinks fit,

report to the Secretary of State or to the Minister in China or in Corea, P',n,8hme,,'»

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 all the powers and

duties appertaining to the office of Coroner in England, in relation to

deaths of British subjects happening in the district of the Court.

(2) The Court may also exercise the said powers in relation to

deaths of any persons having happened at sea on board British ships

78 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 subject to the following provisions:—

(a) Where a British subject is charged with causing the death, the

Court may, without holding an inquest, proceed forthwith with

(the preliminary examination.

(b) Where a British subject is not charged with causing the death,

, the Court shall, without any jury, hold an inquest, taking the

depositions of those who know the facts. If, during or after

the inquest, a British subject is so charged, the depositions

shall be read over in the presence of the witnesses and of the

accused, who shall be entitled to cross-examine each witness,

and the procedure shall be as in other cases of preliminary

examination. If after the inquest the Court does not see fit to

cause any person to be charged, the Court shall certify its

opinion of the cause of the death. When the inquest is held

by a Provincial Court, the certificate and the depositions shall

be sent forthwith to the Supreme Court, and that Court may

give any directions which may seem proper in the circumstances.

(4) In this Article the expression “the Court” includes the Registrar

of the Supreme Court.

Statutory or other Offences-

Patents and , possession,

trade-mark-' 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, 188J’,;,

The Patents, Designs and Trade-marks Act, 1883 to. 1888;

Any Act, Statute, ,or Order in Council for the time being in, force

relating to copyright, or to inventions, design®, or trade-marks;

Any Statute amending, or substituted for, any of the above-men-

tioned Statutes; - : .

Shall, if done by a British subject in China or Corea, be, punishable

as a grave offence against this Order, whether such act is done in

relation to any property or right of a British subject, cm.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 the public office of the Consulates at. Shanghai

and Seoul, and shall be there open fdr inspection by any-person

at all reasonable times ; and a person shall not be punished

under this Article for anything done before the expiration of

one month after such publication, unless the person offending

is proved to have had express notice of the Statute or Order in

Council.

(2) That a prosecution by or on behalf of a prosecutor who is not a

British subject shall not be entertained unless .the Court is

e 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

Smugging. 70.—(1)British

of, subjects.

If a British subject—

(i) Smuggles, or attempts to smuggle, i'but of China or Corea any

goods on exportation whereof a duty is payable to the Chinese

or Oorean Government;

H.B.M. SUBJECTS IN CHINA AND CORE A 79

(ii) Imports or exports, or attempts; to import or export, into or out

I of China or Corea, any goods, intending and attempting to

evade payment of duty payable thereon to the Chinese or

Corean Government;

(iii) Imports or exports,: or attempts to import of export, ikito or

| • out of China or Corea any1 goods the importation or exportation

^ whereof, into or out of China.or Corea, is prohibited by law;

, . (iv) Without a proper licence, sells, or attempts to sell, or offers

I ! for sale, in China or Corea, any goods whereof the Chinese or

Corean Government has by law a monopoly.;

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, lor to a fine not exceeding

X'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 telation 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.

7K—(l)rilf any British subject, without His Majesty’s authority, Levying

war etc

proof whereof shall lie on the party accused, does any of the following * -

things, that is to say :—

(a) Levies war or takes any part in any operation of war against,

or aids or abets any person in carrying on war, insurrection, or

rebellion against the Government of China or of Corea; or,

(b) Takes part in any operation of war in the service of the Govern-

ment of China or of .Corea against any persons engaged in

carrying on war, insurrection, or rebellion against those

respective Governments he shall be guilty of an ofience against

this Order, and, on conviction thereof, shall be liable to im-

prisonment, with or without hard labour, for any term not

exceeding two years, and with or without a fine not exceeding

£500, or to a fine not exceeding £500 without imprisonment.

(2) In addition to any such punishment every cofivietion under

the provisions of this Article shall of itself, and without further proceed-

ings, make the person convicted liable to deportation, and the Court may

order him to be deported from. China or Corea in manner provided by

this Order.

« (3) Where a person accused of an offence against this Article is

brought before a Provincial Court, that Court shall report the case to

the Supreme Court, and the. Supreme Court shall thereupon direct

in what mode and where the case shall be heard and determined, and the

case shall be heard and determined accordingly.

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.

73. If any British subject in China or in Corea’ violates or fails to violation

Treatie8 of

observe any stipulation of any Treaty between His Majesty; his pre-

decessors, heirs, or successors, and the Emperor of China or of Corea

80 ORDERS IN COUNCIL

for the time being in force, in respect of the violation whereof anv

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 representatives

Regulations, 74.—(1) Where,

in Chinaby and

agreement

Corea ofamongforeigntheStates,

Diplomatic

or someorof Consular

them, in

conjunction with the Chinese or Corean authorities, Sanitary, or Police,

or Port, or Game, or other Regulations are established, and tlie 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 orsubject

publishes, offers toforthe

salecriminal jurisdiction

any printed or writtenof newspaper

the Court

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, be

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.

Offence* 76.—(1) If a British subject—

reasons (i) Publicly

observed derides, mocks,or orCorea;

within China insultsor any religion established 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; or

(iii) Publicly and wilfully commits any act tending to bring any

religion established or observed within those dominions, or its

ceremonies, mode of worship, or observances, into hatred,

ridicule, or contempt, and thereby to provoke a breach of the

public peace;

he shall be guilty of an offence, and on conviction thereof, liable to

imprisonment not exceeding two years, with or without hard labour, and

with or without a fine not exceeding <£50, or to a fine alone not exceed-

ing .£50.

(2) Notwithstanding anything in this Order, every charge under

this Article shall be heard and determined by the Court alone, without

jury or assessors, and any Provincial Court shall have power to impose

the punishment aforesaid.

(3) Consular officers shall take such precautionary measures as

seem to them proper and expedient for the prevention of such offences.

■Clonrt.

ontempt of Court,77.—(1) If ofanytheperson,

does any subject

following things,to namely:—

the criminal jurisdiction of a

(a) Wilfully, by act or threat, obstructs an officer of, or person

executing any ptocess of, the Court in the performance of his

duty; or

H.B.M. SUBJECTS IN CHINA AND COREA 81

(b) Within or close to the room or place where the Court is sitting

I wilfully misbehaves in a violent, threatening, or disrespectful

manner, to the disturbance of the Coux-t, 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

I 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—

She shall be guilty of a grave offence against this Order;

Provided that the Court, if it thinks lit, 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-

anent, 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 po;wer of the Court to

remove or exclude persons who interrupt or obstruct the proceedings of

•fixe Court.

78.—{!) If an officer of thetCourt employed to execute an order loses Negligence

Sby neglect or omission the opportunity of executing it, then, on complaint officer*-

•of the person aggrieved, and px-oof of the fact alleged, the Court may, if

it thinks fit, order the officer to pay the damages sustained by the person

'omplaining, 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 Coux-t, acting under pretence of Extortion

the process or authority of the Court, is charged with extortion, or with

not paying over money duly levied, or with other misconduct, the Court,

•if it thinks fit, may inquire into the charge in a summary way, and mat

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 Coux-t 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

dxas been acquitted under this Article shall not be liable to an action iu

respect of the same matter; and any such, action, if begun, shall be stayed

by 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 Corea, is offence

charged with having committed, either before or after the commencement Siesof00

-of this Order, any offence within a British ship at a distance of not more the coast

than 100 miles from the coast of China, or within a Chinese or Corean

ship at such a distance as afox-esaid, or within a ship not lawfully entitled

'to cl aim the protection of the flag of any State, at such a distance as

82 ORDERS1 IN' CODNCIL ,

aforesaid, any of'His Majesty’s Codrts in Chiiia 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 whiclx'tHe accused'is'bro^ighftids a '’Provincial ;

Court; the Court shall report to the Supreme 'Court the 'pendency of the

ease.

The Supreme Court shall thereupon direct iri what mode and where- ;

the case shdll be heard and determined, and '(hotwithstanding anything

in! this Order) the case shall be' so heard and determined.apcofdingly.

(3) The provisions of this Order1 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 \

oourt^t

Hongkong havingOrder, any committed, either before

crime or offence or after

within any Britishthe1, Chinese,

commencement

or Coreanof ship

this- ;

at such a distance as aforesaid, the Supreme Court at Hongkong shall |

have and may‘exercise authority and'jurisdiction with respect to, tim

crime or offence aS fully as if it had been committed ,in Hongko-ng.

Apprehension

of deserters Supreme 82. His

Court,Majesty’s Minister

any Consular in in'China

officer Chinaor'ofCorea,,

Cprea,anyor the

Judge of the j

Governor

of Hongkong, oh receiving satisfactory information that any soldier, j

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 investightion that any person so-

apprehended is such' a deserter, shall'cause him to; be, with all convenient

speed, taken and delivered over tt> the hekfest militaty station of His

Majesty’s forces, of 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. -88.—(1) Where it is proved that there 1 is7 reasonable ground to-

apprehend that a British subject is -about to commit a breach of the

public peace—or that the acts of 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 tb the satisfaction of the'Court to keep the peace, or for

his future' good behaviour, as the case niay require.

' (2) Where a British subject is ‘convicted of an offence before the-

Court, the1 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 be1 brought before the Court..

(3) rIn either of the foregoing cases, if the person required to give-

security fails to do so, the Court may ‘order that he be deported from

China or Corea'tb such place as the Court directs.

(4) The place shall be a place in some part (if any) of His Majesty’s

dominions to which the person belongs,, or the Government of which

consents to the reception of persons deported under this Order.

(5) A Provincial Court shall report to the Supreme Court any order’

of deportation made by it and the ; grounds thereof, before the order is

executed. The Supreme Court may reverse the order, or may confirm it

with- or without variation, and in ckse of confirmation, shall direct it to-

be carried info dfffect.

H.B.M. SUBJECTS IN CHINA AND COREA

(6) The person to be deported shall be detained in custody until a

•ht opportunity for hip deportation occurs.

, (7) He shall, as.soon.as.is practicable, and in.the case of a person

convicted, either after execution of the sentence or while it is in course of

execution, be embarked in custody under the warrant of the Supreme Court

•on board one of His Majesty’s skips of war, or, if there is no such ship

J available, then on board any British or other fit ship hound to t^ke place

i-of deportation.

(8) The warrant shall be sufficient authority. to the commander or

-master of the ship to receive and detain the person therein named, and

•to carry him to and deliver him up at the place named according to the

i 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 shallbe defrayed in such .manner as the Secretary

-of State, with the concurrence of the Treasury, ihay 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 Stafe may give)'Tie shallbe

-deemed guilty of a grave offence against this Order- and he shall also be

j liable to be forthwith again deported.

j 84. Where any person is deported to Hongkong, he shall on his Dealing with

Arrival there be delivered, with the warrant under which he is deported,

rlnto 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 Governor of Hongkong, who shall

‘either by warrant (if the circumstances of the case appear to him to

make it expedient) cause the person so deported to be taken to England,

.and in the meantime to be detained in custody (so that the period of

such detention do not exceed three months), or else, shall .discharge him

•from custody.

Appeal and Reserved Case. ■ 1

....

"Court— —(,1) Where a person is convietect of aaiy offence before any reserved

Appeal andease

(a) If he considers the conviction erroneous in law, then, on his

application, withjn the prescribed time (unless it appears

merely frivolous, when it may be refused); or

, (&): If the Judge thinks fit to reserve for consideration of the full

’the JudgeSupreme Court

shall state any setting

a case, questionoutofthe

lawfacts

arising

andonthethegrounds

trial; of the

conviction, and the question of; law, apd send or deliver it to the

Registrar of the Supreme Court.

the,, Court,

86.—r(I)before

Wherewhoma cassis

the trialstated undershall,

w;as ha3, the last

as itpreceding

thinks fit,Article, Procedure -

either ca8eBtated

postpone judgment on ffie conviction, or respite execution

ment, and either commit the person convicted to prison, or take security of the judg-

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 withouf a jury or assessors,

shall hear and determine the matter, and thereupon shall reverse, affirm,

or amend the judgment given,! qr set it aside, and order an entry to be

OEDERS 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 argumeilt offered on behalf of the

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 duting 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

(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.

PrivyCouneii

'' King in Councilshall

87. There frombeanodecision

appeal ofin the

a criminal

Supremecase to except

Court, His Majesty the

by special

leave of His Majesty in Council.

Fugitive Offenders.

Furtive

offender* Removal Act, 1884, shall apply Act,

88. 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.

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 Matters.

provision 89. Subject to the provisions of this Order, the civil jurisdiction of

every Court acting under this Order shall, as far as circumstances admit,,

jurisdiction. be exercised on the principles of, and ih conformity with, English law for-

the time being in force.

Procedure.

ah proceed- 90.—(1) Every civil proceeding in the Court shall be taken by

t»Uen

action.Sy* action,(2)andFornottheotherwise,

purposes and

of anyshallstatutory

be designated an action,

enactment or other provision

applicable under this Order to any civil proceeding in the Court, an.

H.B.M. SUBJECTS IN CHINA AND COREA 85

action under this Order shall comprise 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 issued from the

Court, on the application of the plaintiff, and served on the defendant (in

this Order referred to as an original summons) ; but notwithstanding

this provision, proceedings may be taken in and applications may be

made to the Court in particular classes of cases, in such manner as mav

be prescribed by Rules of Court, or, where such manner is not so pre-

scribed, in such maimer as like proceedings and applications are taken

and made in England.

92. —r(l) Subject to the provisions of this Order, every action in the

Supreme Court which involves the amount or value of <£150 or upwards ,(?0f"J>rerne

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 heal'd 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 action

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 assessor^.

94. —(1) After the issue of a summons by any Court, the decision

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, Costs

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 betw’een aqy British subjects or

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—

(а) If all parties consent, or specia*t0

(б) If the matters in dispute consist wholly or partly of matters of Referee*,

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.

ORDERS IN .COUNCIL

(2) The 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 action, 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) In 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 oflicer of the Court, and shall

have such powers and authority, and shall conduct ; the reference or

arbitration in such manner as,may be prescribed by any Rules of Court,

and subject-thereto as the Court may direct.

Enforcement 98. Subject to ; Rules of ' Court, the Court shall have authority to

orTward310” enforce any submission,

and regulate t or any

the proceedings beforeaward

and made thereunder,

after the award, inandsuchto manner

control

and on such terms as the Court thinks fit.

,i _ ■ 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 "hither resident in China dr Corea, or carrying on business there,

namely, resident British subjects and their debtors and creditors, being

British Subjects, or foreigners submitting1 to the jurisdiction of the

Court, all such jurisdiction in bankruptcy as for the tithe'being’belongs

to the High Court'and the County Courts in England.

Admiralty.

100. —(1) The Supr

for and within the limits of this Order, an^..over vessels and persons

coming within the same.

(2) The following enactments of the Colonial Courts of Admiralty

Act, 1890, that is to say, Section 2, Sub-sections (2), to,(4); Sections 5 and

6;, Section 16, Sub-section (3); shall apply to the Supreme Court as if

that Court were a Colonial Court of Admiralty^ and as if China and

Corea were a British possession; and for the purpose of this application

the expressions “judgment” and’“appeal” shall in the enactments so

applied have the same respective meanings as are assigned, thereto in

Section. 15 of the. said Act.

Matrimonial.

Matrimonial

jurisdictioa. 101. The Supreme Cdurt shall, as far as circumstances admit, have

for and within China, and ^Cdrea, with/respect to British subjects, all

such jurisdiction in matrimonial' causes except the jurisdiction relative

tOj dissolution or nullity dr jactitation of marriage, as for the time being

belongs to the High Court in England.

Lunacy.

102. —(1) The Sup

have for and within China and Corea, in relation to. British subjects, all

such jurisdiction relative tq the custody and management of the persons

and estates of lunatics, as for the, time being belongs'to the Lord Chan-

cellor or other Judge or Judges in England intrusted by virtue of His

Majesty’s sign manual with the; care and commitment of the custody of

the persons and estates of lunatics, and also such jurisdiction as may be

H.B.M. SUBJECTS' IN CHINA AND COREA 87'

exercised in England by a judicial aiitliirity under! the provisions Of the

Lunacy Act, 1890, or any Act amending the same.

' (2) A Provincial Court , shall, as far as circumstances permit, have

in relation to British subjects, such jurisdiction relative to the custody

and nuiuageriieirf of the persons and estates of lunatics as for the, time

being may be prescribed by Rules of Court, and until such Rules are

made, and so far as such Rules do not apply, as may be exercised in

England by a judicial authority and by the Masters in Lunacy under the

provisions of the Lunacy Act, 1890, or any Act amending the same.

(8)'In any such case the Provincial Court may, of its own motion,

or on the application of any person interested, take or authorise such

steps as, to the Court may seem'hecessary or expedient for the p erson and

property of ahy person appearing to the Coiirt to be d lunatic, and may

from time to time revoke,'or vary, or supplement any order dr proceeding

taken in the matter. ’

(4) Subject to the, provisions of this Article and to any Rules of

Court, a Provincial Court shall not'.proceed in any .such matter except

under ahd according to the directions of the Supreme Court. ,

(5) , Sections 5 to 7 of the Lunatics Removal (India) Act, 1851 (14

and 15 Viet., cap. 81), shall apply to China and Corea, with the sub-

stitution of “the Supreme Court” for “ the Supreme Court of Judicature

at any of the Presidencies of India.”. Provided that the jurisdiction of

the Supreme ;Court under those sections may be exerdised in and for

Corea by the Provincial! Court at Seoul. ,

Probate and Administration.

103: All real or immovable property situate in Chiua or Corea, and Real propert;as

to devolve

belonging at the'time of his death to any British subject dying dfter the personal'

cohi'm'endemenf ■ of this Order, shall be deemed' to be pefsphal estate,' and

the devolution thereof, in case of intestacy, shall be regulated according

to the law of England for the time being relating to personal estaje.

104. —(1) The Supreme Court shall, as far as' cirfeurhstances of Qourts. adm

have, for and within China and Corea, with respect to the wills and the Jurisdiction

property in China and Corea of deceased British subjects, alt such

jurisdiction as for the time being belongs to the High Court in England.

(2) A Provincial'Court shall have poWdr to grant probate or letters

of administration where there is no ‘ contention respecting the fight to

the grant. . ’

(3) Probate or admihisti-ation granted by a Court under this Ofder

shall have effect over all the property of the deceased within China of

Corea, and shall effectually discharge persons dealing with an exceptor of

administrator thereunder, notwithstanding that any defect afterwards

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 substituted1 for the applied.

same, are hereby extended to China and Corea with the adaptation follow-

ing, namely :— ' '

The Supreme Court is hereby substituted for a Court of Probate in

a Colony. ;'

106. —(1) Where a Court of Probate in the UnitedBritish Kingdom

of or

any British Poasessioh'to which the Colonial Probates Act, 1892,’for the Sealing

Colonialor&c.

time being extends, has granted probate or letters - of administration or probate,

confirmation in respect of the estate Of a deceased person, the probate

letters of confirmation so granted may, oh being produced to, and a

copy thereof deposited with, the Supreme Court, be sealed with the seal

of that Court, and thereupon shall be of the like force and effect and

have the same operation as if granted by that Court.

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 the applica-

tion of any creditor, require before sealing that adequate security be

given for the payment of debts due from the est ate to creditors residing

in China or Corea.

(4) For the purposes of this. Article, a duplicate of any probate,

letters 'of administratibn, or corifirmatiph sealed with the seal of the

Court granting the same, or a copy thereof certified as correct by or

under the authority of the Court granting the sanie, shall have the same

effect as the original.

Custody ot 107.—(1) Where a British subject dies in China or Corea, or else-

tntestate

' e '^ where,

China orintestate,

Corea shall then,be vested

until administration

in the Judge ofisthegranted,

Supremehis Court.

property in

(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.

Executor10 108, If any person named executor in the will of the deceased takes

obuul

probate. possession

property of oftheand administers

deceased, and doesor not

otherwise

obtain deals

probatewithwithin

any part of the

one month

after the death, or after the termination of any suit or dispute respect-

ing probate or administration, he shall he guilty of an offence and shall

be liable to a fine not exceeding ,£50.

Administering

•estate without 109. orIf ananyofficer

executor person,of other

the than the person named ofadministrator or an

authority. or (Jeais with anyCourt,

part oftakes

the possession and administers

property of a deceased British

subject, whether resident or not, he shall he deemed guilty of a contempt

of Court, and shall be liable to a fine not exceeding ,£50.

Death

failureorof 110. but

testator, Where eithera dies

person appointed

without havingexecutor in a will

taken probate, survivesbeen

or, having the

•executor. 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

paperstedto Inbe other111.—(1)

such subject Wherehaving

a British

in hissubject dies orju under

possession, Chinahisor control,

Corea, any

any

Court'. paper or writing of the deceased, being, or purporting

ary, shall forthwith bring the original to the Court within whose to be testament-

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

uroduce the paper and bring it into Court.

H.B.M. SUBJECTS IN CHINA AND COREA 8»

(3) Where it appears to the Court that there are reasonable grounds

for believing that any person has knowledge of any paper being, or

purporting to be, testamentary (although it is not shown that the paper

is in his possession or under his control), the Court may, whether a suit

or proceeding for probate or administration is pending or not, order

that he be examined respecting it before the Court or elsewhere, and

that he do attend for that purpose, and after examination 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 Admmiatr*

or estate of a deceased person does not exceed =£50, the Court may,

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 involves the amo

for value of =£25 or upwards, any party aggrieved by any decision of that conrt™9

Court, with or without assessors, in the action shall have the right to

appeal to the Supreme Court against the same, on such terms and

conditions as may be prescribed by Rules of Court.

(2) In any other case, the Provincial Court may, if it seems just and

expedient, give leave to appeal on like terms.

(3) In any case the Supreme Court may give leave to appeal on

such terms as seem just.

114. —(1) The Supreme Court may, if it thinks fit, on the applica

of any party or of its own motion, order a rehearing of an action, or of an court.™6

appeal, or of any arguments on a verdict or on any other question of

law.

(2) The provisions of this Order respecting a hearing with a jury

or assessors shall extend to a rehearing of an action.

(3) The Supreme Court may, if it thinks fit, direct any rehearing to

be before the full Court.

(4) If the party applying for a rehearing has by any order been

ordered to pay money or do any other thing, the Court may direct either

that the order be carried into execution, or that the execution thereof be

suspended pending the rehearing, as it thinks fit.

(5) If the Court directs the order to be carried into execution, the

party in whose favour it is given shall before the execution give security

to the satisfaction of the Court for the performance of such order as

shall be made on the rehearing.

(6) If the Court directs the execution of the order to be suspended,

the party against whom it is given shall, before an order for suspension

is given, give security to the satisfaction of the Judge for performance of

such order as shall be made on the rehearing.

(7) An application for a rehearing shall be made within the pre-

scribed time.

Appeals to His Majesty in Council.

115. —(1) Where a final judgment or order of the Supreme C

made in a civil action involves the amount or value of =£500 or upwards, Privy 00,1 ne'f

any party aggrieved thereby may, within the prescribed time, or, if no

, , 0EJ3EES IN COUNCIL

tiine, p^cribe.d,, witliin fifteen days after tbe sam^ is made ;or given,

apply by motidn,’to tiie Suprenie. Court for leave .to appeal,to His Majesy

the King in Council'.; / ;

(2) The applicant shall give security to the satisfaction of the Court

to an amount not exceeding 5500 for ,prosecution of the appeal, and for

such costs in 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 His Map sty in Council,

or t»y, the Lords,of the Judicial, Committee of His Majesty’s ‘Privy

i> Counbil.,

, (3) lie shall a]sb pay into the Supreme Court a sum estimated by

Hat Court to" jpe the amoupt.of the expense of the making up and trans-

mission,to England of the transcript, of the record.

(h) , If . security Hhd' payment are so given and made within two

months from the filing of the motion-paper for leave to. appeal, then,,and

not otherwise, the Supreme. Court .shall give leave to appeal, and the

appellant shall be ,af liberty to prefer and prosecute his appeal to His

Majesty in Council according to the rules for the time being in .force

respecting appeals to His Majesty in Council from his Colonies, or such

other rules as His Majesty in-Council from time to time thinks

fit to make concerning appeals from the Supreme Court.

(5) In any case the^ Supreme Court, if it considers it just or expedient

to do so, may give leave to appeal on the terms and in the manner

aforesaid.

Execution 116.—(1) Where leave to appeal to His Majesty in Council is

appeal applied

SupremeforCourt by shall

a person

directordered to paythemoney

either that or do anyfrom

order appealed otherbeact, the

carried

into execution, or that the execution thereof be suspended pending the

appeal, as the Court thinks just.

(2) If the Court directs the order to be carried into execution, tbe

person in whose favour it is made shall, before the execution of it, give

security to the satisfaction of the. Court for performance of such order

as His Majesty in Council miy' 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.

Appeal leave.

special by ^. 117. This Order shall not affect the right of His Majesty in Council

a an^, time, on the humble petition of a person aggrieved by a decision

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 just.

V.—Procedure, Criminal and Civil.

Minutes of

proceedings, 118.—(1)

})e drawnIn^everyandcase,shallcivilbeorsigned

criminal.

by Minutes

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 Judge, shall be preserved

in the public office of the Court.

Rules of

Court1, 119. The Judge of the Supreme Court may make Kules of Court—

(a) Por regulating the pleading practice and procedure in the Courts

established under this Order with respect to all matters within

the jurisdiction of the respective Courts;

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;

(6) For prescribing any forms to be used;

(d) For prescribing or regulating the duties of the officers of the

said Courts ;

(e) For prescribing scales of costs and regulating any matters in

connection therewith;

(f) For prescribing and enforcing the fees to be taken in respect

of any proceedings under this Order, not exceeding, as regards

any matters provided for by the Consular Salaries and Fees Act,

1891, fees fixed and allowed from time to time by any Order in

Council made under that Act;

(f/) For prescribing the allowances to be made in criminal cases to

complainants, witnesses, jurors, assessors, interpreters, medical

practitioners, and other persons employed iii the administration

of Justice and the conditions upon which an order may be made

by the Court for such allowances;

(it,}' For taking and transmitting depositions of witnesses for use at

trials in a British possession or in the United Kingdom;

(1) For regulating the inode in which legal practitioners are to be

admitted to practise as such, and for withdrawing or suspending

the right to practise on grounds of misconduct, subject to a

right of appeal to His Majesty in Council.

Where under any Act of’ Parliament which is applicable to China

and Corea, Eules may or are required to, be made in England by the Lord

Chancellor or any Judicial authority, the powers of this Article shall

include a power to make such Rules for the purposes of that Act" so far

as applicable.

Eules framed under this Article'shall not have effeptuntil approved

by the Secretary of State and, sq far as, they relate to fees, and costs,

sanctioned by the Treasury; but in case of .urgency declared in any such

Eules 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 mad.e, or in relation ^ hitters to which

they do not extend, a Court may adopt aud use.any procedure ,or forms

heretofore in use in the Consular Courts in China ^r . Corea, or any

Regulations or Rules made thereunder and ip.force.,immediately, before

the commencement of this Order, with any modifications or adaptations

which may be,necessary,

120.—i-(l)!The Court may, in any case, if it thinks fit, on account of Power to

the poverty of a party, or for any other reason, to be recorded,in the paymeritofth

Minutes, dispense with or remit the payment of any fee in whole court fees,

or in part.

(2) Payment of fees payable under any Rules; to-be made in pur-

suance of this Order, and of costs and of charges and expenses, of

witnesses, prosecutions, punishments, and deportations and of other

charges and expenses, and of fines respectively payable under this Order,

may be enforced under order of the Court by seizure and sale of goods, aud

on default of sufficient goocte, by imprisonment as a civil prisoner for a term

not exceeding one month, but such imprisonment shall not operate as a

satisfaction or extinguishment of the liability.,

(3) Any bill of sale or mortgage, or transfer of property made with

a view of avoiding seizure or sale of goods or ship under any provision of

this Order, shall not be effectual to defeat the proyisions of this Order.

“92 GJUDEKS IN COUNCIL

Appearance. 121.—(I) Every person doing an act or taking a proceeding in the

Court as plaintiff in a civil case, or as making a criminal charge against

another person, or otherwise, shall do so in his own name and not other-

wise, and either—

(a) By himself; or

(b) By a legal practitioner; or

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 authentioated 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 aiithenticated

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

contempt of. Court,

■witnesses 122,—(1) In any case, criminal or civil, and at any. stage thereof,

the Court either of its own motion or on the application of, any party,

may summon a British subject to attend to give evidence, or to produce

documents, or to be examined ; but a Provincial 00014 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 at tend 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 guilty1 of an offence against this Order.

(8) 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

Conveyance of wilful and corrupt perjury.

r 123. Whenever under this Order any person is to be taken for trial

persTn%e<* othe imprisonment

Supreme Courtor orby elsewhere

way of deportation

in China oror for any orother

Corea, to purpose,

Hongkong,to

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

em barkment.

The writ, order, or warrant of the Court, by virtue whereof auy

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 COREA 93

>or other person, or.the ship or the commander or master thereof, is

! named therein or not), to receive, detain, take, and deliver up such

j person, according to the writ, order, or warrant.

Where the writ, order, or warrant is executed under the immediate

-direction of the Court or authority issuing it, the writ, order or warrant

shall be delivered to the constable, officer, or other person acting there-

under, and a duplicate thereof shall be delivered to the commander or

master of any ship in which the person to whom the writ, order, or

warrant relates is embarked.

Where the writ, order, or warrant issues from the Supreme Court,

and is executed by a Provincial Court, a copy thereof certified under the

-seal of the Court executing the same shall be delivered to the constable,

officer, or other person acting thereunder, and to the commander or

master of any ship in which the person taken is embarked; and any such

copy shall be for all purposes conclusive evidence of the order of which

it purports to be a copy.

124. Subject to the other provisions of this Order, all expenses of Expense* o

removal.

removal of prisoners and others from or to any place in China or Corea,

or from or to Hongkong, and the expenses of deportation and of the

sending of any person to England, shall be defrayed in such manner as

the Secretary of State from time to time directs.

Any master of a British ship when required shall be bound to take

such persons for a reasonable remuneration, to be determined by a

Judge of the Supreme Court, and in case of non-compliance shall be

liable to a penalty not exceeding .£50. Application of

125. The following Acts, namely enactments

The Foreign Tribunals Evidence Act, 1856; to evidence.as

The Evidence by Commission Act, 1859 ;

The Evidence by Commission Act, 1885 ;

or so much thereof as is for the time being in force, and any enactment

for the time being in force amending or substituted for the same, are

hereby extended to China and Corea, with the adaptation following,

namely:—

In the said Acts the Supreme Court is hereby substituted for a

Supreme Court in a Colony.

126. The following Acts, namely :— The

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

public of

otfteem

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 ORDERS IN COUNCIL

YI.—Mortgages and E!ills of Sale.

Mortgages:

ofEegiatration

mortgages. 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.

Mode of

registration. 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 iu

the Consular district wherein the property mortgaged is situate

(2) Within two months after its, execution, where it is executed in

China or Corea, elsewhere than in that Consular district, or in

Weihai wei or Hongkong ;

(3) Within six months after its execution, where it is executed else-

where than in China, Corea, Weihaiwei or Hongkong ;

then, and in every such case, the mortgage debt secured by the deed or

other instrument and the interest thereon shall not have priority over

judgment or simple contract debts contracted before the registration of

Priority. that deed or other instrument.

132.. Registered deeds or other instrument s 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 particulars connected with the

making, keeping, and using of those registers and indexes, and for

authorizing. and regulating the unregistering of any deed or other

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 bjlls of sale executed by British subjects as

are intended to affect cliattels in China or 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.

namely:—

—(1) Every bil

, (a). .It must rstafe ,truly the nanie, description, and address' of the

grantor. ;

(b) It must state truly the consideration for which ‘it is granted.

1 Ur written thereunder an inventory

of the chattels intended' to be comprised therein.

(d) Any defeasappe, 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

withexecution of the

his address andbill must he attested by a credible witness,

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 CffDfA, A^.D COREA 95

(o-) In the case. of failure to conform with the .rule respecting

an iriven'tofy, as far as rega'rd's'chattels omitted from the

inventory; and ' ‘

(b) In any other case, wholly.

(3) The inventory, and any defeasance, condition, or declaration as

aforesaid,' respectively,'is for'all purposes debmed part of the bill.

136. A bill, of sale conforming, or appearing to conform, with the Time for

foregoing rules, may be registered, if it is intended to: affect chattels in

China or Corea, at the' Supreme Court 1 or at the Consulate of the

Consular district wherein the chattels are , within the respective time

following and’ hot afterwards, namely

(1) Within fourteen days after its execution, where it is executed

in the Consular district wherein the chattels are ;

(2) Within two months after its execution, where it.-is executed in

China or in Corea elsewhere than in that Consular district- or

in Weihaiwei or Hongkong ;

(3) Within six months after its execution, where it is executed else-

where than in China, Corea, Weihaiwei, or Hongkong.

137. Registration is made as followsThe original and a copy of Mode of

■the-bill of sale, and an affidavit verifying the' execution, and the time ■btS"*""'

and place of execution, and the attestation thereof, and verifying the

■copy, are brought into the proper office of the Cohrt 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, tb the extent following, but not

further, that is to say:—

(1) As against trustees or assignees of the estate of the grantor, in

or under bankruptcy; liquidation, or assignment for the benefit

of creditors'; and

(2) As against all sheriffs and others seizing chattels under process

of any Court, and any person on whose behalf the seizure is

made; but only •

(3) As regards the property in, or right to, the possession of such

chattels comprised in the bill a,s, at or after the filing of the

petition for bankruptcy or liquidation, or the execution of ; the

assignment, or the seizure, are in the grantor’s possession, or

apparent possession,

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 ^me^oods8

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 fop the purpose of correcting

some material error in the prior bill, and nqt 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‘jnew»1-

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 of the Court or the Consulate-

of original registration, and is left there.

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.

145. The provisions of this Order relating to renewal apply to bills-

of sale registered under the Orders in Council repealed by this Order.

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

of such a transfer or assignment.

Expiration of 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

first subsequent day on which the office is open.

148. If in any case the Court is satisfied that failure to register or

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

beforeexecuted

this 149. The provisions of this Order apply to a bill of sale executed

Order

into comes

force. 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.

xnd*against

foreigners. 151.— (1) Where

the Court an action a foreigner

against desires ortoa British

a British subject, institutesubject

or take in

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 ta

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 bis 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 he 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 9T

(5) Where a plaintiff, being a foreigner, obtains an order in the

RCourt against two or more defendants being British subjects jointly, and

nin another action one of them is plaintiff and the foreigner is defendant

ithe Court may, if it thinks fit, on the application of the British subject,

J stay the enforcement of the order pending that other action, and may set

li off any amount ordered to be paid by one party in one action against any

n amount ordered to be paid by the other party in the other action, without

H prejudice to the right of the British subject to require contribution from

i 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

fj foreigner to give security for costs, unless the Court so directs, but the

i! co-plaintiff British subject shall be responsible for all fees and costs.

152.—(Ij Where it is proved that the attendance within the parti- Attendance-

Ofsubjects

British

Icular jurisdiction of a British subject to give evidence, or for any other

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.

ij in a Court or before a judicial officer of a State in amity with His

5 Majesty, the Court may, if it thinks fit, in a case and in circumstances

i 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

I 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

j 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,

I he shall (independently of any other liability) be guilty of an offence

I against this Order.

153. When a British subject invokes or submits to the jurisdiction Actions by

I of a Chinese, Corean, or foreign Tribunal, and engages in writing to subjectsorin

Chinese

abide by the decision of that Tribunal, or to pay any fees or expenses foreign Court.

ordered by such Tribunal to be paid by him, the Supreme Court, or any

[Provincial Court may,.on such evidence as it thinks fit to require,

I enforce payment of such fees and expenses in the same manner as if they

I were fees payable in a proceeding by such person in that Court, and shall

| pay over or account for the same when levied to the proper Chinese,

Corean, or foreign authority, as the Court may direct.

154.—(1) The Supreme Court may upon the application of any Garnishee

proceedings

| British subject or foreigner who has obtained a judgment or order for the

recovery or payment of money in a foreign Court in China or Corea judgment of

foreign Court

against a person subject to the jurisdiction of that Court, and upon a

certificate by the proper officer of the foreign Court that such judgment

has been recovered or order made (specifying the amount), and that it is

still unsatisfied, and that a British subject is alleged to be indebted to

such debtor and is within the jurisdiction, order that all debts owing or

accruing from such British subject (hereinafter called the garnishee) to

such debtor shall be attached to answer the judgment or order; and by

the same or a subsequent order, may order the garnishee to pay his debt

or so much as may be sufficient to satisfy the judgment or order of the

foreign Court.

(2) The proceedings for the summoning of the garnishee, for the

ascertainment

the Court to beofpaid,

his liability, and forforthegiving

and all matters payment

effectof tomoney orderedmay

this Article, by

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 IN 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.

VIII.—Regulations.;

155. His Majesty’s Ministers in China and Corea shall have power

Ii emulations. 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 Regulations (to be called King’s Regulations) for the

following purposes, that is to say:—

(a) For the peace, order, and good government of British subjects

in relation to matters not provided for by this Order, and to

matters intended by this Order to be prescribed by Regulation.

(b) For securing the observance of any Treaty for the time being in

force relating to any place or of any native or local law or custom

whether relating to trade, commerce, revenue, or any other

matter.

British ships or by British subjects of arms or munitions of war,

or any parts or ingredients thereof, and for giving effect to any

Treaty relating to the importation or exportation of the same.

(d) For requiring returns to be made of the nature, quantity, and

value of articles exported from or imported into his district,

any part thereof, by or on account of any British subject who is

subject to this Order, or in any British ship, and for prescribing

the times and manner at or in which, and the persons by whom,

such returns are to be made.

(2) Any Regulations made under this Article may provide for

forfeiture of any goods, receptacles, or things in relation to which, or to

the contents of which, any breach is committed of such Regulations, or

of any Treaty or any native or local law or custom, the observance of which

is provided for by such Regulations.

(3) Any person committing a breach of any such Regulations shall,

in addition to any forfeiture prescribed thereby, be liable, on conviction,

to imprisonment, for a period not exceeding three months, or to a fine, or

to both.

(4) Any fine imposed for a breach of Regulations shall not exceed

£50: Provided that where the breach is of any Regulation relating to

customs law, or to the importation or exportation of any goods, the fine

may extend to a sum equivalent to treble the value of the goods in relation

Municipal to which the breach is committed.

156. His Majesty’s Ministers in China and Corea respectively, in

Regulations. 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 Regulations for the municipal government of a.ny foreign con-

cession or settlement in China or Corea as the case may be; and as regards

British subjects, such joint Regulations shall be as valid and binding as

Approval of they157.related to British subjects —(a)

Regulations.

if only.

Regulation

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

Regulations, the same shall take effect before that approval, and shall

continue to ha.ve effect unless and until they are disapproved by His

Majesty the King, and until notification of that disapproval has been

received and published by His Majesty’s Minister in China or Corea as

the case may be.

H.B.M. SUBJECTS IN CHINA AND COREA 99

(b) Any Regulations when so approved, and published as provided

by this Order, shall have effect as if contained in this Order.

158. —(1) All Regulations approved under this Order, Publication of imp

whether

ing penalties or not, shall be printed, and a printed copy 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 from time to time directs.

(3) A printed copy of any Regulations purporting to be made under

this Order, and to be certified under the hand of His Majesty’s Minister

in China or Corea, or under the hand and Consular seal of one of His

Majesty’s Consular officers in China and Corea, shall be conclusive evidence

of the due making of such Regulations

159. The respective powers aforesaid extend to the making of

Regulations for the governance, visitation, care, and superintendence of

prisons in China or in Corea, for the removal of prisoners from one prison

to another, and for the infliction of corporal or other punishment on

prisoners committing offences against the rules or discipline of a prison ;

but the provisions of this Order respecting penalties, and respecting the

printing, affixing, exhibiting, and sale of Regulations, and the mode of

trial of charges of offences against Regulations, do not apply to Regula-

tions respecting prisons and offences of prisoners.

IX.—Miscellaneous.

160. Nothing in this Order shall deprive the Court of the right to be observed.

observe, and to enforce the observance of, or shall deprive any person of Customs may-

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 Consular officer in Customary

China or Corea from doing anything which His Majesty’s Consuls in the Consular

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.

162. —(1) Every British subject resident shall, in RegistrationJanuary

British in eve

year, register himself at the Consulate of the Consular district within ofsubjects.

which he is resident: Provided that—

(а) The registration of a man shall comprise the registration of his

wife, if living with him ; and

(б) The registration of the head of a family shall be deemed to com-

prise the registration of all females and minors being his rela-

tives, in whatever degree, living under the same roof with him

at the time of his registration.

(2) The Consular officer may, without fee, register any British sub-

jects being minors living in the houses of foreigners.

(3) Evesry British subject arriving at a place in China or Corea

where there is a Consular office, unless borne on the muster-roll of a

British ship there arriving, shall, on the expiration of one month after

arrival, be deemed, for the nurposes of this article, to be resident, and

shall register himself accordingly.

(4) A person shall not be required to register himself oftener than

once in a year, reckoned from the 1st January.

(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 husband’s certificate.

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 m

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, pay 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 163. Section 48 of the Conveyancing and Law of Property Act, 1881

attorney. (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.

exchanare offor 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, &c. are stated or imposed hi 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-

Accounting tains a reference to British currency.

fines, fees, &c.of 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,

Report with the concurrence of the Treasury, directs.

Judge ofoythe

Supreme

166. Not later than the 31st March in each year, the Judge of the

Supreme Court shall send to the Secretary of State a report on the

.peration 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

Report directs.

Provincialby

Court.

167. Each Provincial Court shall at such time as may be fixed by

Rules of Court furnish to the Supreme Court an annual report of every

case, civil and criminal, brought before it, in such form as the Supreme

Publication of Court directs.

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 Schedul

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

Regulation confirmed by any such Order or made thereunder;

enjoyed in relation thereto.

(2) Notwithstanding the repeal of the Orders aforesaid, all Eules

and Regulations approved or confirmed by or under any Order so re-

pealed shall continue and be as if this Order had not been made; but so

that the same may be revoked, altered, or otherwise dealt with 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

month nor more than three months after it is first exhibited in the public r eir

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 OEDEKS IN COUNCIL FOE 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 appointment,

Pules, or Regulations, or to do any other thing for the purposes of this

Order, that power may be exercised at any time after the passing of this

Order, so, however, that any such appointment, Rules, or Regulations

shall not take effect before the commencement of this Order.

short itie. 171. This Order may be cited as “ The China and Corea Order in

Council, 1904.”

A. W. Fitzroy.

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) OKDEK IN COUNCIL, 1914

At the Court at Buckingham Palace, the 30th day oe 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:

How, therefore, His Majesty, by virtue and in exercise of the powers in this

behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is

pleased, by and with the advice of His Privy Council, to order, and it is hereby

ordered, as follows :—

1. This Order 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 in

consulate, in accordance with Article 46 of the China (Amendment) Order in

Council, 1913, on the registration of a company in accordance with the provisions of

that Order, there shall' be deposited and filed a list of the directors of the company

showing in respect of each director his full name and nationality and his address.

(2) Every company registered under the China (Amendment) Order in Council,

1913, shall register in the month of January in every year a list of the directors of

the company, showing in respect of each director his full name and nationality and

his address, and shall from time to time, as may be necessary, register any altera-

tions in such list.

(3) On every registration under sub-article (2) of this article there shall be

payable a fee of 2s.

3. Where any municipal regulations or byelaws have been established for any

foreign concession in China the Court may entertain a complaint against a British,

subject for a breach of such municipal regulations or byelaws, and may enforce

•compliance therewith.

Provided—-

(1) That the said municipal regulations or byelaws have been accepted by

His Majesty’s Grovernment. 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 Coart 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

4o 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) ORDER IN COUNCIL, 1915

By this Order Article 3 of “ The China (Amendment) Order in Council, 1914,’*

was repealed.

CHINA (AMENDMENT No. 2) ORDER IN COUNCIL, 1920

At the Court 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:

Now, therefore, His Majesty, by virtue and in exercise of the powers in 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 wo,rds 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 Right Honourable G-eorge 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, 1920

Present :—

The King’s Most Excellent Majesty in Council

Whereas by Treaty, grant, usage, sufferance, and other lawful means, His

Majesty the King has jurisdiction in China :

Now, therefore, His Majesty, by virtue and in exercise of the powers in this

behalf by “ The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty vested,

is pleased, by and with the advice of his Privy Council, to order, and it is hereby

ordered, as follows :—

1. This Order may be cited as “ The China (Amendment) Order in Council,

No. 3, 1920,” and shall be read as one with “ The China Order in Council, 1904 ”

(hereinafter called the “ Principal Order ”), and with any Order amending the same,

and the provisions of Article 170 of the Principal Order shall in particular apply to

this Order.

THE CHINA (AMENDMENT) ORDER 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 Dominions, 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 t6, 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

possess to order the exclusion of the public from any proceedings, if, in the course

of the trial of a person for an offence under this Order, application is made by the

drosecutor, in the interests of national safety, that all or any portion of the public

should be excluded during any part of the hearing, the Court may make an order to

that effect, but the passing of sentence shall in any case take place in public.

5. Article 2 (1) of “The China and Corea (Amendment) Order in Council,

1909,” and the whole of “ The China (War Powers) Order in Council, 1917,” are

hereby repealed, but this pepeal shall not (a) affect the past operation thereof or

any right, title, obligation or liability thereunder; or (b) interfere with the institu-

tion or prosecution of any legal proceeding thereunder.

6. This order is in substitution for “The China (Amendment) Order in Coun-

cil, 1920,” which has not taken effect and is hereby revoked.

And the Right 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.

Almeric Fitzroy.

THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1921

At the Court at Buckingham Palace, the 13th day of December, 1921

Present :

The King’s Most Excellent Majesty

Earl of Lytton Sir Frederick Ponsonby

Mr. Secretary Shortt Mr. Chancellor of the Exchequer

Whereas by treaty, grant, usage, sufferance or other lawful means, His

Majesty the King has jurisdiction in China:

Now, therefore, His Majesty, by. virtue and in exercise of the powers in this

behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested,

is pleased, by and with the advice of His Privy Council, to order, and it is hereby

ordered, as follows:—

1.—(1) This Order may be cited as “The China (Amendment) Order in

Council, 1921,” and shall be read as one with the China Order in Council, 1904 (in

this Order referred to as “the Principal Order”), and the said Order and any

other Orders in Council amending the said Order may be cited together as “The

•China Orders in Council, 1904 to 1921.”

(2) This Order shall not apply to places within the limits of the Consular

District of Kashgar.

106 THE CHINA ^AMENDMENT,) ORDER IN COUNCIL, 1921

2.—The following provisious are substituted for Article 162 of the PrinGipal-

Order:—

(1) A register of British subjects shall be kept in the office of every

Consulate in China.

(2) Every British subject resident in China shall, in the month of

January of each year, be registered at the Consulate of the Consular District

within which he resides, provided that if some other Consulate is more easy of

access, he may, with the assent of the Consular Officer, be registered there. A

British subject arriving in China must apply for registration within one

month after his arrival; provided that a person who fails to apply for or to-

obtain registration within the time limited by this Article may be registered at

any time if he excuses his failure to the satisfaction of the Consular Officer.

(3) Where a person is in possession of a valid British passport, the

Consular Officer shall, on the first registration of any such person, endorse on

the passport without further fee than that provided for in sub-article (6)

hereunder a certificate of registration in such form as may be prescribed by the

Secretary of State. Where any such person applies for the renewal of the

registration and produces his passport, renewal of his registration need not

attend personally unless that provided for in sub-article (6) hereunder be

endorsed thereon.

(4) Every person who has not previously been registered applying to be

registered under this Order shall, unless excused by the Consular Officer,

attend personally for that purpose at the Consulate, but any person applying

for the renewal of his registration need not attend personally unless directed

by the Consular Officer so to do, provided that the registration of the wife or

wives of a man who is registered under this Order may, if living with him, be

effected without their personal attendance being required, and provided also

that the registration of minors, being his relatives in whatever degree-, living

with the head of a family who is registered under this Order may, if living with’

him, be effected without attendance being required.

(5) A person registered in any register of British subjects established

under the provisions of any Order in Council which have been repealed shall be

registered under the provisions of this Order, unless the Consular Officer is

satisfied after inquiry that the previous registration was erroneous or that such

person is not entitled to registration under the provisions of this Order.

(6) Every person shall, on every registration of himself, and on every

renewal of the registration, pay a fee of two dollars, or such other fee as the

Secretary of State from time to time appoints. The amount of the fee may be

uniform for all persons, or may vary according to the position and circumstances

of different classes, if the Secretary of State from time to time so directs, but

may not in any case exceed four dollars.

(7) Where any person applies to be registered he shall be entitled without

a fee to the assistance of the Consular Officer in the preparation of any

affidavit that may be required.

(8) The Consular Officer may require the production of such evidence

that an applicant for registration is entitled to the status of a British subject

as he may see fit, but subject to such directions as may be issued by the

Secretary of State.

(9) If any British subject neglects to obtain registration under the

provisions of this Order, he shall not be entitled to be recognised or protected

as a British subject in China, and shall be liable to a fine not exceeding twenty

dollars for each instance of such failure, but he shall, although not registered,

be subject to the jurisdiction of his Majesty's Courts in China.

3.—From and after the commencement of this Order, Article 162 of the

Principal Order is hereby repealed, but such repeal shall not prejudice any rights^

obligations or liabilities accrued thereunder.

THE CHINA (COMPANIES) ORDEH IN COUNCIL, 1915

At the Court at Buckingham Palace, the 30th day of November, 1915

Present :—

Lord President. Mr. Chancellor of the Duchy of Lancaster.

Lord Stamfordham. Sir Frederick Ponsonby.

Whereas by Treaty, grant, usage, sufferance, and other lawful means 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. —This Order may be cited as “ The China (Companies) O

1915,” and shall be read as one with the “China Order, 1904” (hereinafter called

the “ Principal Order ”), and with any Order amending the same.

2. —In this Order—

“ The Ordinance ” means “ The Companies Ordinance, 1911, of the Colony

of Hongkong,” and includes any Ordinance amending or substituted for the

same.

“ The Life Insurance Companies Ordinance, ” means the Life Insurance

Companies Ordinance, 1907, of the Colony of Hongkong, and includes any

Ordinance amending or substituted for the same.

“ China Company ” means a Company limited by shares or by guarantee

incorporated under the Ordinance, and the operations of which are directed

and controlled from some place within the limits of this Order.

“ Hongkong China Company ” means a Company incorporated under the

Ordinance which carries on some part of its business within the limits of this

Order, and the operations of which are directed and controlled from some place

in Hongkong.

“ British Company ” means a Company incorporated in the United King-

dom, or in a British Possession, and includes a China Company and a Hong-

kong China Company.

3. —(1.) The Consul-General at Shanghai, including any person

Consul-General, shall be Registrar 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 such

proceedings in the Court as he may think necessary to enforce compliance with the’

provisions of this Order on the part of British Companies in China.

4. —The Judge may by Rules of Court confer upon Provincial

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 th

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 Com

winding up of any such Company, are commenced in the Supreme Court, and it

appears that the principal part of such Company’s business is carried on within the

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 this

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 Company

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 necessary to comply with the provisions of this

article.

(3.) If default is made in compliance with this article the Company shall be-

liable to a fine not exceeding 50 dollars for every day during which the default con-

tinues, and every Director and every Manager of the Company who knowingly

authorizes or permits the default shall be liable to the like penalty.

(4.) Failure to comply with the provisions of this article shall be a ground upon

which an Order for winding up the Company may be made by the Court.

9. —No person other than a British Subject shall be entitle

auditor of a China Company. The appointment of any such person as the auditor

of a China Company shall be void, and any certificate or other document given, or

act done, by any person who is not a British Subject purporting to act as auditor

of a China Company shall not be held to comply with any requirements of the-

Ordinance.

10. —No person other than a British Subject shall be appo

the limits of this Order as liquidator of a British Company or as receiver or manager

on behalf of the debenture-holders of the property of a British Company except with

the sanction of the Court.

11. —(1) All documents and other written information w

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.

THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915 109-

(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-

iugly a party to the default shall be liable to a fine not exceeding 50 dollars for

every day during which such default has continued.

12. —The registered office of a China Company shall be sit

limits of this Order.

13. —(1) No shares shall be issued by a China Company exce

paid up shares or upon the term that the shares shall be paid up in full within a

specified period not exceeding three months after allotment.

(2) Shares issued by a China Company otherwise than as fully paid up shares

shall be deemed to be issued upon the condition that if not paid for in full before the

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 holder.

Any shares so forfeited shall be deemed to be the property of the Company, and

the Directors may sell, re-allot, or otherwise dispose of the same in such manner as

they think fit. Certificates or other documents of title relating to shares forfeited

under this article shall be returned to the Company.

(3) Within one month of the expiration of the time allowed for the completion

of the payment of all sums due upon the shares, the Secretary of the Company shall

forward to the 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 article, or if other default is made in complying therewith,

the Company, and every Director, Manager, Secretary, and other Officer, who is

knowingly a party to such issue or default, shall he guilty of an offence, and shall be

liable to a 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 caupe, and

not from any want of good faith, the Court may, if under all the circumstances it

considers it just so to do, give relief from any forfeiture or penalty which has been

incurred by the applicant, or to which he is, or may be, liable upon such terms as it

may think fit.

(6) The provisions of this Article shall only apply to shares issued by a China

Company after the date when this Order comes into effect:

14. —(1) No China Company limited by guarantee shall be allo

China without the consent of the Minister.

(2) As a condition of this consent the Minister may require that no persons

other than a British Subject shall be a Member of the Company, or that any Member

of the Company who is not a British Subject shall deposit in Court or give security

for or conform to such arrangement as the Minister shall think fit, for ensuring the-

payment of the amount for which he would be liable under the guarantee.

(3) If any China Company limited by guarantee operates in China without the

consent of the Minister, or if any terms imposed by him as a condition of his

consent are not complied with, the Company and every Director, or Manager, Secre-

tary, and other Officer, who is knowingly a party thereto, shall be guilty of an

offence, and shall be liable to a fine not exceeding 500 dollars for every day during

which such offence continues.

no. THE CHINA (COMPANIES) ORDER 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 or accidental miscalculation or from some other reasonable cause, and

not from any want of good faith, the Court may, if under all the circumstances it

considers it just so to do, give relief from any forfeiture or penalty which has

been incurred by the applicant, or to which he is, or may be, liable upon such terms

as it 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 jur

in respect of all British Companies carrying on business in China 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 made or inferred in any Section of the said Ordinances

to any other Ordinance of the Colony 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, or 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 14l

-(1), 149, 185, 217, and 261 shall within the limits of this Order be exercised by the

Judge.

(4) In the application of the said Ordinance “ legal practitioner ” is substituted

for “ counsel ” or “solicitor” or “ solicitor and counsel,” and “such newspaper as the

Judge may direct” is substituted for “The Gazette.”

(5) All offences under the said Ordinances made punishable by fine may, if

committed within the limits of this Order, be prosecuted summarily under Article

48 of the Principal Order, provided that the maximum fine which can be imposed in

the case of offences under the Ordinances tried summarily shall be =£200 instead of

,£20.

16. —(1) The power of the Judge under Article 119 of

make Rules of Court stall extend to any matter which under the Ordinance or under

the Life Insurance Companies Ordinance is to be regulated by Rules.

(2) Any Rules in force at Hongkong at the date of this Order relating to

matters dealt with in the said Ordinances shall, unless and until they are repealed by

Rules made under this Article, apply, so far as circumstances admit, within the limits

of this Order.

17. All fees prescribed by or under the Ordinance or by or under the Life

Insurance Companies Ordinance which are paid to the Registrar of Companies at

Shanghai shall be paid by him to the Colonial Treasurer at Hongkong.

18. Nothing in this Order shall prejudice or affect the jurisdiction of the

Supreme Court over British Companies other than China Companies and Hongkong

China Companies within the meaning of this Order.

19. This Order shall come into effect on the 1st day of January, 1916.

And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty’s

Principal Secretaries of State, is to give the necessary directions herein.

Almeric , Fitzroy.

THE CHINA (COMPANIES) AMENDMENT ORDER IN

COUNCIL, 1919

At the Court at Buckingham Palace, the 9th day of October, 1919

Present r-*-

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 jurisdiction over British companies carrying on business within the limi&t

of this Order :

Now, therefore, His Majesty, by virtue and in exercise of the powers in this

behalf by “The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty

vested, is pleased, by and with the advice of His Privy Council, to order, and it is

hereby ordered, as follows

1. This Order may be cited as “ The China (Companies) Amendment Order in

Council, 1919,” and shall be read as one with “ The China (Companies) Order in

Council, 1915.”

2. In this Order:—

“ The Fire and Marine Insurance Companies Ordinance ” means “ The Fire

and Marine Insurance Companies Ordinance, 1917, of the Colpny of,

Hongkong,” and includes any Ordinance amending or substituted for

the same.

“The Ordinance” means “The Companies Ordinance, 1911, of the Colony

of Hongkong,” and includes any Ordinance amending or substituted

for the same.

3. Where the general or substantial control of the business of a Company incor-

porated under the Ordinance is exercised by a person or persons ordinarily resident

within the limits of this Order, such Company shall, irrespective of the place at which

the Board of Directors may meet, or of any other circumstances, be deemed to be a

Company of which the operations are directed and controlled from a place within the

bmits 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

Jable 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 or permits the default shall be liable to the like penalty.

(3.) Failure to comply with the provisions of this Article shall be a ground

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 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.

(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 this Order.

7. —(1.) Subject to the provisions of this Order the jurisdict

respect of China Companies and Hongkong China Companies shall be exercised, so

far as circumstances admit, in conformity with the provisions of the Fire and Marine

Insurance Companies Ordinance.

(2.) The duties of the Governor or of the Governor in Council under

Sections 5 (2), 5 (5), 6 (2), and 7 (1), and of paragraphs 2, 3 and 7 of the First

Schedule of the Fire and Marine Insurance Companies Ordinance shall, within the

limits of this Order, be exercised by the Minister.

(3.) All offences under the Fire and Marine Insurance Companies Ordinance

made punishable by fine may, if committed within the limits of this Order, be pro-

secuted summarily under Article 48 of “The China Order in Council, 1904,”

provided that the maximum fine which can be imposed in the case of offences tried

summarily shall be =£200 instead of <£20.

8. All fees prescribed by or under the Fire and Marine Insurance Companies

Ordinance which are paid to the Registrar of Companies at Shanghai shall be paid

by him to the Colonial Treasurer at Hongkong,

9. This Order shall come into effect on the first day of January, 1920.

And the Right Honourable Arthur James Balfour, O.M., one of His Majesty’s

Principal Secretaries of State, is to give the necessary directions herein.

Almebic Fitzbot.

STATUTORY RULES AND ORDERS, 1909. No. 751

THE CHINA AND CORE A (CONSULAR FEES) ORDER IN COUNCIL, 1909

At the Court at Buckingham Palace, the 28th dat of June, 1909

Present :

The King’s Most Excellent Majesty in Council.

Whereas by “The Consular Salaries and Fees Act, 1891,” His Majesty the King

is authorized by Order in Council to fix the fees to be taken in respect of any matter

or thing done by a Consular officer in the execution of his office, and to vary such

fees by way of increase or decrease, and to abolish fees and to create new fees;

And whereas it is expedient that the Table of Fees fixed by the China and Corea

(Consular and Marriage Fees) Order in Council, 1906, should, in certain respects, be

added to, and that fees should be created in respect of the attendance of Consular

officers in the Mixed Court at Shanghai, and in respect of the assistance rendered by

Consular officers to British litigants in such Court:

Now, therefore, in pursuance of the before-mentioned Act,. His Majesty is

pleased, by and with the advice of His Privy Council, to order, and it is hereby

ordered, as follows:

1. This Order may be cited as “ The China and Corea (Consular Fees) Order in

Counqil, 1909.”

2. The several fees set forth in the Table annexed to this Order are hereby

• established, and the said Table shall be construed as part of this Order.

3. This Order shall come into operation on such date as His Majesty’s Consul-

General at Shanghai shall appoint.

4. This Order shall extend to all places in China and Corea.

And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty’s

Principal Secretaries of State, is to give the necessary directions herein.

A. W. Fitzrot.

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: —

Where the amount involved is— s. d.

Under 10Z ... 2 6

10Z. and under 50Z 5 0

50Z. and under 100Z. ... 7 6

100Z. or upwards 10 0

For each complete 100Z. not exceeding a total fee of 5Z.

2. On each subsequent communication in writing to the China

authorities 2 6

3. Hearing fee on each attendance of the Assessor at a sitting

of the Court 10 0

TABLES OF CONSULAR FEES

TABLES OF CONSULAR AND MARRIAGE FEES

e taken inActChina1892,andtheCorea Foreign in Marriages

pursuanceOrderof theinConsular

Council, SalariestheandChina Fees Act, 1891, the Foreign Marriagee-

Registry)

(ConsularOrder and inMarriage

Council,Fees) 1904,Order and1892,intheCouncil,

China and1906.andCoreaCorea. (Shipping

Part I

!o be taken in respect ofMatter Matters in whichof thewhich

in respect Interposition

the Fee isoftoabeConsular taken. Officer is required by Law,

under 1. the Merchant —For

Shipping Acts, withof aships, every declaration

viewin-to taken or recorded £ s.d.

the

terestsregistry,in transfer

ships, or and transmission

mortgages on ships 0 6 0 cation

the of the owner,

provisions of the and for eachShipping

Merchant visit made Actswhere

with0

2. upon the certificate —For endorsing a memorandum respect thereto

of change

Provided as have

of not

follows : — been complied with

master of

ing his signature on agreement with crew, if re-

quired

registry, and initial- 0 6 0 ( а )

mspection The aggregate

shall not amount

exceed of the

10s. fees for anybe

whatever

gistry 3. (this fee to —For be exclusive of feesgranting on de-•••1a provisional imber

cei’tificate

(б)sameWhen ofofseparate

re- marking

the visits.of a ship is inspected

clarations)

4. —For recording a 0mortgage

0 | atfogthesignals,

of a timeseparate

ship,

no with thefeeinspection

or shall be charged of lightforand

the

shares5. in a ship —For recording 1the0transfer 0 inspection. of a mortgage of

ship,6. or shares in a—For ship 1 0 0 ]

recording... Ithe0 discharge of a mortgage

ofaship, orsharesinaship every sale1of 0a 00ship,jI seamen

made7.8. before a Consular —For

—For officer inspection of the

or shares

11. made

12.

in abefore

booksanction

ship, a Consular

of trans-of the

j officer 0!

actions

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book" of—For certified incopyshipsof extract from register" “ " ‘ sular14.officer

transactions 1 10 0 spect15.to the death of any person on board

,*;.!<) tt

0‘

9b.- Certificate ofownership

9o.—Indorsing sale or mortgageon certificate of 1 16.

registry 9d.' — Transfer of registry to another port i wages,17. &c., of a deceased seaman 0i

9r.—Pass

9F.—Alteration for shipin register of name, rig, or« be paid by the party who proves to be in default,

toanage of ...., as under :— 1

For 9g.—For

ships of 15measurement

tons, and under tonnage

1,2,006000000 tons, gross ton 21 105 t tosalved

of Section

be paid 560by (1)theofmaster the Merchant

or ownerShipping

of the Act, 1894,

property 2 0O

3,000 19.—Forbymaking

aspingrequired Section endorsement

257 of “The onMerchant

ship’s papers

Ship-

(To Act,

include 1894”...

the fee for inspection of shi p ’s papers, See ...0No. 46.2) 6-

„ 5,000the inspection

9h.—For ,, and upwards 4 10 0 N.B.—A payment of £5 shall free the ship from the ^payirmnt^ or

sleeping accommodation of the ofcrewthe berthing 0 10 0

For each

Provided asvisit to the ship

follows

(а) The aggregate amount of£1thewhatever

fees for anybe ►reixn Man

such inspection shall not exceed marriage 20. . intended0 ^ IT

the number (б) time of separate

When visits. is inspected at

thetheaccommodation 21.22.

the same with measurement of the tonnage, presence

noForseparate

Fortheofeach

fee shall beof light

inspection chargedandforfogthesignals

visit madeandtofortheeach

inspection.

shipvisitonmadethe where

appli- having 23. been given and posted up, Art. 6 byof himO

of a Marriage officer, and registered

the0 10 O

10 0

cation

the lights the owner, Foreign Marriages Order in Council,

24. solemnised in accordance with the local 1892

Providedor inspection

fittings

that theareshall

found defective

aggregate amount£1ofwhat-fees0 10 0 marriage law,

efor>reranybe such

the number of separate notvisits. exceed Art. in8 ofaddition

the Foreign to theMarriages

fee for attendance

Order in Council,(Fee92)1892.

See 0 10 »■

Part II

respect of Matters in which the Interposition of a Consular Officer is to be given when requirt

by the Parties interested.

Matter in respect of which furnishing, the Fee is to-be taken. o le certified copy of request,£ s.d.-

if required,

25. certified copy if —For noting 7a marine

6 copyorder, protest and reportand furnish-£ s.d.

of surveymarine

ing one 26.27. required

—For ...0 other

every ceeding 29.—For 200 extending

words, 2 6 protest,

0 original,

filing if not ex-i

and furnishing

—For filing a request one for survey and issuing

order28.of survey —For receiving 0 10 0 report feecertified

ofdrawing, copyorifdeclarations

forof ifoaths required. This istobe

the body of the protestor(See

(See No. exclusive

51), for

origina in archives, if not exceeding 200 words, and No. 96).. survey, required,filing

TABLES OF CONSULAR 15

pjgjjfsBSSSsaStt

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.16 TABLES OF CONSULAR FEES

TEXT OP RECENT SINO-FOREIGN

TREATIES, ETC.

[Declaration of the Nationalist Government on July 7, 1928.]

On July 7, 192:5, the Ministry of Foreign Affairs of the Nationalist Gov-

ernment* made the following declaration (translation) on the conclusion of

new Treaties with 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

newr 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 continue7 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 yet

been concluded.

“2 All diplomatic officials and consular officials of foreign countries sta-

tioned in China shall be entitled to proper treatment accorded under inter-

national law7.

“3. The persons and properties of foreigners in China shall receive due

protection under Chinese Law7.

“4. Foreigners in China shall be subject to the regulations of Chinese Law

and the jurisdiction of Chinese Law Courts.

Republic* Sirne October 10, 1928, the English designation has been altered to the “ National Government of the-7

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 countries1

or by foreigners, and those exported from-. Chtna to foreign countries, sha)

be collected in accordance with the existing tariff schedule.

“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 Law.”

TREATIES WHICH HAVE EXPIRED.

Treaties covered by the first item of the Nationalist Government’s de-

claration of July 7, 1928, are the Sino-French Conventions relative to the

overland trade between the Chinese frontier and French Indo-China, as well

as the Sino-Japanese, Sino-Belgian, Sino-Spanish, Sino-Portuguese, Sino-

Italian and 'Sino-Danish Commercial Treaties.

The Sino-French Convention of Tientsin of April 25th, 1886, the Sino-

French Additional Commercial Convention of June 26th, 1887, and the Sino-

French Supplementary Convention of June 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

November 2nd, 1865 expired on October 27th, 1926. The Sino-Spanish Treaty

of Tientsin of October 10th, 1864, expired on May 10th, 1927. The Sino-

Portuguese Treaty of Commerce and Navigation of December 1st, 1887, ex-

pired on April 28th, 1928. The Sino-Italian Treaty of Peking of October 26th,

1866, and the Sino-Danish Treaty of Tientsin of July 13th, 1863, expired

simultaneously on June 30th, 1928.

With these Powers the Nationalist Government carried on diplomatic

correspondence and negotiations for the purpose of concluding new Treaties.

The texts of the Treaties resulting therefrom follow.

SINO-AMERICAN TARIFF TREATY.

Treaty regulating Tariff Regulations between the Republic of China

and the United States of America.

The Repuoiic 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 their Plenipotentiaries: —

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. J. Y. A. MacMurray. Envoy Extraordinary and Minister

Plenipotentiary of the United States of America to China;

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 119

Article I.—All provisions which appear in the treaties hitherto concluded

i and in force between 'China and the United States of America relating to rates

i 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 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 or 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 date; otherwise, at a date four months subsequent tc 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.

This Treaty shall be ratified by the High Contracting Parties in accordance

with their respective constitutional methods, and the 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. V. Soong.

(Signed) J. Y. A, MaoMurray-

SINO-FRENCH TARIFF TREATY.

Treaty Regulating Customs Relations between the Republic of China

and the French Republic.

{Translation from the French).

. On iSeptember 29, 1928, Dr C. T. Wang sent to Mr. Cosme, the French

Charg6 d’Aifaires at Peiping, a Note, suggesting that the tariff relations

between China and France be readjusted on the basis of the principles whiclv

had been proposed to the British and other friendly Governments. As a result

of the subsequent negotiations between iDr. Wang and Count de Martel, the

French Minister, the following treaty was concluded on December 22, 1928 :

The Republic of China and the French Republic, animated by the desire

to further consolidate the ties of friendship wdrich 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 Plenh

pqtentiaries, that is to say:

,120 SINO-FOREIGN 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 Excellency Count D. de Martel, Minister Plenipotentiary and

Envoy Extraordinary of the French Republic 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 hitherto con-

deluded and in force between China and France 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 autonomy shall henceforth apply in respect of the Customs tariff

and related matters, subject, however, to the condition that each of the High

Contracting Parties shall enjoy in the territories, possessions, colonies and

protectorates of the other, in relation to the above specified and related mat-

ters, treatment in no way less favourable than that effectively enjqyed by

any other country.

Article II.—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 ta,xes 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

and1 the two texts have been carefully compared and verified, but in the event

of there being a difference of meaning between the two, the French 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 been

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) Chengting T. Wang.

(Signed) D. de Martel.

THE SINO-NORWEGIAN, SINO-NETHERLANDS,

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 afid the Powers concerned:

1. All provisions contained in the treaties now existing between China and

relating to rates of duty on imports and exports of merchandise,

drawbacks, transit dues 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 121

3. Contemplated Treaty to become effective on January 1st, 1929, if ratifi-

cations have been exchanged before that date, otherwise on the day of sucb

exchange of ratifications.

The texts of the iSino-Norwegian, Sino-Netherlands, and Sino-Swedish-

treaties, signed respectively on November 12, December 19, and iDecember 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, have, 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

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.—-All 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

Party anyunderduties,

any pretext

internalwhatever

charges toor pay

taxeswithin

upon the

theirterritories of theandother

importations ex-

portations other or higher than those paid by nationals of the country or by

nationals of any other country.

Article II.—The English and Chinese 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.

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 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.andWang,

Plenipotentiary Minister of

Foreign Affairs of the National

Government of the Republic 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 twn 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 Government 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

Majesty’s Envoy Extraordinary and Minister Plenipotentiary

in China;

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

however, of complete

to the condition that national

each of tariff autonomy

the High shall apply

Contracting Partiessubject,

shall

-enjoy in the territories, possessions and colonies of the other, with respect

to the above specified and any related matters, treatment in ho 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 country.

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

ahall 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.

Done 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.

The Republic of China and the Kingdom of Sweden, mutually animated

by a desire to maintain the ties of friendship which happily exist 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 pf 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.

Articlebetween

in force I.—AllChina

provisions wThich appear

and Sweden relatingintotreaties

rates ofhitherto

duty onconcluded

imports andand

exports of merchandise, drawbacks, transit dues and tpnnage 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 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 underinternal

any duties, any pretext

chargeswhatever

or taxestoupon

pay, their

withinimportations

the territories

and ofexportations

the other,

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 v’ith 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.

son, InBritish

a NoteMinister

dated August 30, 1928,

to China, the Dr. Wang suggested

readjustment of the totariff

Sir relations

Miles Lamp^

be-

tween China and Great Britain along the lines which were later propossed

to the Norwegian, Netherlands and 'Swedish Governments.

+ The new Sino-British tariff treaty was signed on December 20, 1928. The

«xt of the treaty is given below:

124 SINO-FOREIGN TREATIES

Tariff 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 iSeas, 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 British

Dominions beyond the Seas, Emperor of India; For Great

Britain and Northern Ireland:

Sir Miles Wedderburn Lampson, K.C.M.G., C.B., M.V.O., His

Majesty’s Envoy Entraordinary and Minister Plenipotentiary

to the Republic of China;

Who, having communicated their 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 Majesty to which the present Treaty applies and China res-

pectively any duties, internal charges or taxes upon goods imported or ex-

ported by them other than or higher than those paid on goods of the same

origin by British and Chinese nationals respectively, or 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 IF.—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 two 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.

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) Miles W. Lampson.

THE SINO-BELGIAN TREATY.

On August 4, 1928, Dr. C T. Wang notified Baron Guillaume, 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 d’Affaires 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

oompelled 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.

shallArticle II —The

be subject, in nationals of each

the territory of theof ether

the twoParty,

HightoContracting

the laws and Parties

the

jurisdiction of the law courts of that Party.

Article III.—The two High Contracting Parties shall as soon as possible

miter into negotiations with a view to the conclusion of a Treaty of Com-

merce and Navigation based upon the principle of reciprocity and equality

of treatment.

Article

in case IV.—The

of any presentof Treaty

difference is writtenthein English

interpretation, Chinese, text

French

shallandbeEnglish;

held to

be authoritative.

126 SINO-FOREIGN TREATIES

Article Y.—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.

Done at Nanking this twenty-second day of the eleventh month of the

seventeenth year of the Republic of China corresponding to the twenty-second

day of November, nineteen hundred and twenty-eight.

(Signed) Chengting T. Wang

Plenipotentiary and Minister for

Foreign Affairs of the National

Government of the Republic of

China.

(Signed) Baron J. Guillaume

Plenipotentiary and Charge d'Af-

■ faires ad interim of Belgium in-

China.

THE SINO SPANISH TREATY.

On November 94, 1927, Dr. O. C. Wu, then 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-p

gulations pending the conclusion of a new Sino-Spanish Treaty were issued

by the Nationalist 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) The persons and property of Spanish subjects in China shall receive

protection according to Chinese law.

(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 TREATIES 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;

Who, having met and communicated to each other their respective full

powers, found in good and due form, have agreed upon the following Articles:;

and Article I.—The

all matters two thereto

related High ’Contracting Partiesexclusively

shall be regulated agree thatbythetheir

customs tariff

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, 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 the 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 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 enter as

Commerce and Navigation based on the principles of absolute equality and

non-discrimination in their commercial relations and mutual respect for

sovereignity.

Article IV.—The present Treaty has been drawn up in two copies in the

Chinese, Spanish and English languages. In the event of there being

any difference of meaning, the English text shall be held tq prevail.

shallArticle V.—The

come into forcepresent

on theTreaty

day onshall

whichbe the

ratified

two asGovernments

soon as possible and

shall have

notified each other that ratification has be^n effected.

In faith whereof, the respective Plenipotentiaries have signed the present

Treaty and have affixed! thereto their seals.

Done at INenking 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 SINO-PORTUGUESE TREATY.

On April 16th, 1928 General Huang Fu, then Nationalist Minister for

Foreign affairs, notified Mr. J. A. Bianchi, the Portuguese Minister, that the

Sino-Portuguese Treaty of 1887 would expire on April 28th, and after varioug-

negotiatipns the following treaty wa,s 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

a Preliminary Treaty oftheirAmitycommercial relations,andhavehaveresolved

and 'Commerce, for thisto purpose,

conclude

named as their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China :

Dr. Ghengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China;

His Excellency 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

Chia Ho, Envoy Extraordinary and Minister Plenipotentiary

of 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 regulated exclusively by their respective

national legislations.

enjoyIt inis the

further agreed ofthattheeach

territories other,of the

withtworespect

HightoContracting

customs andParties shall

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 be

compelled, under any pretext whatever, to pay within the territories of the

other Party any duties, internal charges or taxes upon the importation or

exportation of merchandise, higher or other than those paid by the nationals

of the country or by the nationals of any other country.

shallArticle II.—The

be subject, in thenationals

territoriesof ofeach

the ofother

the Party,

two Highto 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 III.—The two High Contracting Parties have decided to enter

as soon as possible into negotiations for the purpose of concluding a Treaty

ofnon-discrimination

Commerce and Navigation based on therelations

in their commercial principlesandof absolute

mutual equality

respect andfor

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.

SINO-FOREIGN TREATIES 129

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 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.

(Signed) Joao Antonio de Bianchi.

SINO-ITALIAN TREATY.

The new treaty between China and Italy was signed on November 27th.,

1928 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

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 Na-

tional Government of the Republic of China:

His Majesty the King of Italy:

Mr. Daniele Vare, 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 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

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 aecorded to any

other country.

The nationals of each of .the High Contracting Parties shajl 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 qf ,the 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 gccess for

the enforcement and defence of their rights

130 SINO-FOREIGN TREATIES

. ;Article III.—The two High Contracting

soonr: as,possible into negotiations Partiesofhave

for the purpose decided atoTreaty

concluding enter ofas

Commerce and Navigation based on the principles of absolute equality and

nop-discrimination in their commercial relations and mutual . respect

sovereignty. , for

. , 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 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 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) Chengtino T. Wang.

Plenipotentiary and Minister for

Foreign Affairs of the National

Government of the Republic of

. , China.

(Signed) Daniele Vare,

Plenipotentiary and Envoy Extra-

ordinary and Minister Plenipoten-

tiary of His Majesty the King of

, i Italy to China.

SINO-DANISH TREATY

On December 12, 1928, the new Sino-Danish preliminary treaty was signed,

the text 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

mercial relations,thehave

two resolved

countriesto and to promote

conclude and consolidate

a Preliminary Treaty their com-

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 Denmark and Iceland :

Mr. Henrik de Kauffmann, Envoy Extraordinary and Minister

Plenipotentiary of His Majesty the King of Denmark and

Who, havingIceland,

met andto China;

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.

SINO-FOREIGN TREATIES 131

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 the country

or by 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 other Party, to the 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 III.—The two High Contracting Parties have decided to enter as

soon as possible into negotiations for the purpose of concluding a Treaty of

Commerce and Navigation based on the principles of absolute equality and

non-discrimination in their commercial relations and mutual respect for

sovereignty.

Article IY.—The present Treaty has been drawn up in two copies in the

Chinese, Danish and English languages. In the event of there being any dif-

ference 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 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 twelfth day of the twelfth month of the seventeenth

year of the Republic of China, corresponding to the twelfth day of December,

nineteen hundred and twenty-eight.

(Signed) Chengting T. Wang.

Plenipotentiary and Minister +or

Foreign Affairs of the National.

Government of the Republic of

China.

(Signed) Henri Kauffmann

Envoy Extraordinary and Minis-

ter Plenipotentiary of His Majesty

the King of Denmark and Tee-

land, to China.

THE SINO - GERMAN TEE AT Y.

The tSino-German tariff treaty was signed on August 17, 1&28.

Treaty between China and Germany.

The Republic of China, and the German Reich, animated by the desire-

to further consolidate the ties of friendship which happily exist between the

two countries and to extend and facilitate the commercial relations between

the two countries, have, for this purpose, decided to conclude a treaty and

have 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 Foreign 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

to be in good and due form, have agreed upon the folowing treaty between

the two countries:

132 SINO-FOREIGN TREATIES

Article I.—For the purpose of attaining absolute equality of treatment

in 'OiifetO'ms matters and in supplementing the arrangements between China and

Germany of the 20th of May 1921, 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 tteatment as compared with the treatment accorded to any other

country.

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

application with the Tariff

of the Automous GeneralRegulations,

Tariff Regulations

shall be prior

herebyto annulled.

the general

Article II.— The two High Contracting Parties will enter as soon as pos-

sible into negotiations for the purpose of concluding a Treaty of Commerce

and Navigation based on the principle of perfect parity and equality of treat-

ment.

Article III. The present treaty has been drawn up in Chinese, German and

Enclish; in case of a difference of interpretation the English text shall pre-

vail.

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.

of theDoneseventeenth

in duplicate

yearatofNanking on theofseventeenth

the Republic day of the Eighth

China, corresponding to the month

seven-

teenth day of August, nineteen hundred and twenty-eight.

(Signed) Chengting T. Wang.

(Signed) H. Yon Borch.

THE ANTI-WAR TREATY (KELLOGG PACT).

1.—UNITED STATES, INVITATION TO CHINA.

Legation of the United States of America

Peking, August 27, 1928.

Excellency:

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-Slovakia have this day signed in Paris a treaty binding them to

renounce war as an instrument of national policy m their relations with one

another and to seek only by pacific means the settlement of or solution of all

disputes which may arise among them.

This treaty, as Your Excellency is aware, is the outcome of negotiations

which commenced on June 20, 1927, when M. Briand, Minister for Foreign

Affairs of the French Republic, submitted to my Government a draft of a pact

of perpetual friendship between France and the United States. In the course

of the subsequent negotiations this idea was extended so as to include a«

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 andGermany,

Belgium, Czecho-Slovakia, Great Britain

Italy, inandthePoland.

Locarno This

agreements, namely,

procedure met

the point raised by the British Government in its niote of May 19, 1928, where

it stated that the treaty from its very nature was not one which concerned 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 question whether there was any inconsistency between the new treaty and

the treaties of Locarno, thus' meeting the,'.observations of the French 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, Japhn, the parties to the Locarno treaties, the

British Dominions, 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 formula equally acceptable

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 signed 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 new treaty has evoked is

most gratifying to all the Governments ;concerned.

In these circumstances I have the honour formally to communicate 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

signed to-day in Paris, omitting only that part of the preamble -which names

■the 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 1Emperor 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

nought only by pacific means and be the result of peaceful and orderly

process and that any signatory Power which shall hereafter seek to pro-

mote its national interests by resort to war should be denied the benefits

furnished by this treaty;

134 KELLOGG PACT.

"Hopeful that encouraged by their example all the other nations of;

the world will join in this humane endeavour and by adhering to the

present 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 plen-

ipotentiaries) 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 of conflicts of whatever nature or of whatever

origin they 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 shall, when it has come into effect as prescribed in the

preceding paragraph, remain open as long as may be necessary for adher-

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 adherence 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 from those Governments wishing to contribute

to the success of this new movement for world peace by bringing their peoples

within its beneficent scope. It will be noted, in this connection that, the treaty

expressly provides that 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 elbaf that any Government adhering promptly will fully share

in the benefits of the trfeat-y at the very moment it comes into effect.

KEDLOGC PACT 135

I shall shortly transniit' foi' Tour Excellency’s convenient reference a

printed pamphlet containing the text in translation of M. Briand’s original

proposal to my Government, of June 20, 1(927, and the complete record of the

subsequent diplomatic correspondence on the subject of a multilateral treaty

fpr the renunciatiori 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. Your Excellency the

reheWed dssffrance of my highest'1 considefatioh.

CSigned) Mahlon F. Perkins,

,,,, , Charge d’Affaifres.

2.—CHINA’S ACCEPTANCE.

Nanking, Sept. 13, 1928.

Excellency:

I have the honour to acknowledge the receipt of your communication dated

August 27 in which the Government of the United States of America presents

for my consideration and for the approval of my Government the text of a

treaty that was signed 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

instrument of national policy in their relations with one another and to seek

only by pacific means the settlement or solution of all disputes which may

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, therefore, immediately to avail myself of this opportunity

to inform you that this impressive movement for the perpetuation of universal

peace and for the advancement of world civilization, aroused our sympathetic

interest from the very beginning and that 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 war and a frank

avowal of the need of friendly ; relations, is the only means to save civilizatioi?

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-operation, to guide us in pur national policies to-

wards one another. It is therefore a source of profound satisfaction to see

that this action of momentous importance, 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

round, 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. iSun 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 are likely to give rise

to any international dispute, and rigidly to uphold the principle of equality

■EXTRATERRITORIAjLITY

and mutual respect for territorial sovereignty among all nations. My Gov-

ernment, therefore, fiymly believes that all the signatory Powers will abide by

the spirit of the present treaty and remove, at the earliest opportunity, all-

ot 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 my

highest consideration.

(Signed) Wang Cheng-ting,

Minister for Foreign Affairs.

EXTRATERRITORIALITY.

On April 27, 1929, the Minister for Foreign Affairs addressed INotes to

the British, American, Brazilian, iDutch, 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,,

N anfcing.

Your Excellency: April 27,10129.

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 unifiqatiori 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 to 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 themselves 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

and inconveniences

clearly 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 137

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 assi-

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

code 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 thfe 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, I am happy

to express to Your Excellency, on behalf of the Chinese Government, 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 early reply so that steps may be taken

to enable China, now unified and with a strong Central Government, to right-

fully assume jurisdiction over all nationals within her domain.

I avail myself of this opportunity to renew to Your Excellency the as-

■surnce of my highest consideration.

(Signed) Chengting T. Wang.

Minister of Foreign Affairs.

THE AMERICAN REPLY,

Peking, Aug. 10. 1928.

His Excellency

Dr. Chengting T. Wang,

Minister for Foreign Affairs,

Nanking.

Excellency :

I have the honour to acknowledge the receipt of the Chinese Government’s

Xlote of April 27th in which there is expressed the desire that the United

States should relinquish the 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 lEXTRATKRRITpUIAlLITY

with the problem of jurisdiction over the persons and property of American

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 lohg ago as the year 1903,

in Article 15 bf the'Treaty’concluded in that year between the United States

and China, the American Government agreed that it would be prepared to

relinquish the jurisdiction which it exercised over its nationals in China “rfrhen

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 promote the realization of China’s aspirations by concluding with

the Government of China, on July 23, 1928, a Treaty by which the two countries

agreed to cancellation of provisjons in .earlier treaties 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 differehces 'be-

tween the customs of the two' pqun’tfre^fancf peoples, and differences between

their judicial systems, it wquld 'hO wide'.’to place iipon the American Govern-

ment the duty of extending'to American hationals in China tlie restraints and

the benefits of the systbin of jurisprudence to which they and their fellow-

nationals were accustomed in fhe United Rtates.

My Government 'dfeems it proper at this point to remind the .Government

of China that this bystem of Ameifcah jurisdiction as administered by tne

extraterritorial courts has never beenr-extended by the United^ States beyond

the purposes to which it was by the Treaties originally limited. Those pur-

poses were the lawful control and protection: of the persons and property of

American citizens who have established themselves in China in good faith in

accordance -with the terms of the Treaties and with the knowledge and con

sent of China in the normal development of the commercial and cultural rela-

tions, between the two countries. The United States has never sought to extend

its sovereignty over any portion of the territory of China.

Under the provisions of the Treaty of 1814, and other agreements concluded

thereafter which established that system, American citizens have lived and

have carried on their legitimate enterprises in China with benefit both to the

Chinese and to themselves They bate engaged expensively • in cultural and

in commercial enterprises involving large sums of money and extensive pro-

perties, and, as your Government has so graciously indicated in the Rote

under acknowledgement, there has grown up and existed between the peoples

and the Governments of the two countries a friendship that has endui-ed.

The American Government believe that this condition of affairs has been duo

in large part to the manner in which the relations between the two peoples

have been regulated 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 and beneficial business depend in the last resort, in China, as

elsewhere, upon the certainty of protection from injury or confiscation by a

system of known law consistently interpreted and faithfully enforced by an

independent judiciary. Where such protection fails, the life and liberty of

the individual become subject to the constant threat of unlawful attack, while

his property suffers the ever-present danger of confiscation in whole or in

part through arbitrary administrative action. To exchange an assured and

tried system of administration of justice,: and under which it is acknowledged

that life and property have been protected and commerce has grown and

prospered, for uncertainties in the absence, of an adequate body of law and of

an experienced and independent judiciary would be fraught with danger in

both of the foregoing respects.

EXTRATERRITORIAiLITY 139

My Government ha,s 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 has not failed to appre-

ciate the value to its foreign relations of the factors above mentioned. My

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 citizen's In the Note under acknowledgment reference

is made to the position taken 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 of Sept-

ember

account16,of 1926, that Commission

the conditions made itsinreport.

then prevailing This report

the judicial system contained

of China, anas

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 and property of the

citizens of foreign countries doing business in China. Your Government will

recall that the Commission on Extraterritoriality which made these recom-

mendation's was composed of, representatives from thirteen countries, including

both China and the United States, and that its recommendations thoughtfully

and reasonably conceived were unanimously adopted and were signed by all

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 ownthis

consideration citizens

entirein subject,

China, myincluding

Government has followed

particularly the

progress which has been' made in carrying out its recommendations since the

rendition of this report. -

It fully appreciates the efforts which are being made in China to assimilate

those western judical principles to which your Government has referred in

its Note, but it would be lacking in sincerity and candour, as w’ell as disre-

gardful of its obligations towards its own nationals, if it did not frankly point

out that the recommendations aforesaid have not been substantially carried out

and that there does not exist in China to-day a system of independent Chinese

courts free from extraneous influence which is capable of adequately doing

justice between Chinese and foreign litigants. My Government believes that

not until these recommendations are fulfilled in far greater measure than is

the case to-day will it be possible for American citizens safely to live and do

business in China and for their property adequately-to'be protected without

the intervention of .the. consular courts.

In conclusion, my Government has directed me to state that it observes

with attentive and sympathetic interest the changes which are taking' place

in China. Animated as it is by the most friendly motives and wishing as

far as lies within Government power to be helpful, the American Government

would be ready, if the suggestion should meet with the approval of the Chinese

Government, to participate in negotiatichs: which rvould have as their object

the devising of a method for the gradual relinquishment of extraterritorial

rights, e.ither as to designated territorial areas, or as to particular kinds of

140 EXTRATERRITORIALITY

jurisdiction, .oi' as to both, provided, that such gradual relinquishment pro-

ceeds at the same time as steps are taken and improvements are achieved by

the Chinese Government in the enactment and effective enforcement of laws-

based on modern concepts of jurisprudence.

I avail myself of this opportunity to extend to Your Excellency the re-

newed assurance of my highest Consideration.

(Signed)' J. Y. A. MacMurray.

BRITISH REPLY.

British Legation, Peking,

at Peitaiho,

Sir, 10th August, 1929.

I have the honour to acknowledge the receipt of your Note of April 27th&

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 their sympathetic consideration to the request of the Chinese Government

relating to the abolition of extraterritorial jurisdiction in China.

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 Avhich 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.

munications, For thousands

the Chinese of years

people were before

secluded fromscience hadofimproved

the rest the worldcom-

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 on

the one hand and China on the other.

5. In particular the conception of international relations as being inter-

course between equal and independent states—a conception .which was woven

into the very texture of the political ideas of the nations of the West—was

entirely alien to Chinese modes of thought When traders of the West first

found their way to the coast of China, the Chinese Government found it diffi-

cult 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 left 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 revenue-

laws of China,.

EXTRATEREITORIALITY 141

7. The object of the first treaties 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 those disabilities which respect for the sovereignty of

China entailed upon them. Conditions did not permit the general opening of

the interior 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 the 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 reference 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 jear 1926.

9. More recently in the declaration which they published in December

1926 and 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 wdlling 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 a 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-

342 EXTllATERRITORIAiLITY

tern 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 beyond

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 Your Excellency has paid so generous a tribute in the concluding

paragraph of your Note under reply.

I'avail myself of this opportunity, td renew to Your Excellency the assur-

■ahce of my highest consideration.

(Signed) Miles W. (Lampson.

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' China’s Note concerning the abolition'of extraterritoriality:

Monsieur ie Ministre, August 10, 1929.

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 Government considers that, in order to realize the conditions favourable

for, the renunciation ,of extraterritorial rights, enjoyed by its nationals in

virtue",of the treaty of 1858, it is indispensable that the Chinese Government

ofproceed ‘to the

judicial reform, ' of itsin laws,

.administration, its judicial

conformity institutions

with the and its method

recommendations of the

Commission, recommendations to which the Chinese Delegate, has given his

approval. It is. when these reforms have Been carried out and effectively put

into practice’ that the rights of residence, of property owning and trade

throughout the whole of China, the necessary counterpart of the relinquishmeqt

of extraterritoriality, might constitute for the French nationals a real 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 Autonomy Treaty, has no doubt

that, the Chinese Government will make every effort to fulfill the conditions

neqessary to the examination of the problem'of extraterritoriality. .

It is in this spirit that the French Government, faithful to its libera)

traditions, has authorized me to give you assurance that it will continue to

EXTRATEKHITORIAlLITY 143:

take an active interest in the reforms to that end which remain to be accom-

plished and that it will carefully note all the facts which tend to show that

these reforms are effectively carried out in the administration and judicial

practice of the Government authorities and the people of China.

On the other hand, the French Government will not 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.

THE NETHERLANDS’ REPLY.

The following is the. English translation of the reply of the Netherlands

Government to China’s note 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 Mould take into sympathetic consideration the desire

of China to come to an agreement by \vhich the limitation on China’s jurisdic-

tional sovereignty will be removed and which will enable the Chinese Govern-

ment to assume j urisdiction; oyer all, nationals within its domain.

Your Excellency expressed the convection that the reciprocal advantages

resulting from the 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 obstaele-

would be removed for the full co-operation 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'Goverriment hak given this request its most 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 10th 1921 by the Washington Confereuee 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 with regard to the

question of jurisdiction.

It may here be recalled that with this end in view Her Majest’s Govern-

ment wholeheartedly participated in the woi’k of the International Commission

which was instituted as a result of the above-mentioned Resolution and which

drew up a number of valuable recommendations for the benefit of the Chinese

Government.

It cannot be gainsaid that tbere 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 to 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 question

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

1 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. Oudenijk.

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 to China’s Note concerning the abolition of 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 to 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(byquestion

sovereignty of removing

relinquishing the restrictions

the consular on China’s

jurisdiction) this jurisdictional

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. Aall,

Charge d’Affaires a.i.

EXTRATERRITORIAiLITY 145

CHINESE REPLY TO AMERICA.

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 your Government in regard to the request of the Chinese Government, con-

tained

dictionalin sovereignty.

my Note of April 27, "for the removal of restrictions on China’s juris-

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,

haveproducing

by really hadin the

the latter

most injurious

the feelingeffect on their relations

of humiliation withoftheresentment

and a sense Chinese

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 complicationsT and conflicts. Such conflicts and

complications could beit easily

In this connexion, may beavoided

pointedw ereoutthere

thatnone of those

towards special privileges.

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 on 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-

torial privileges, they may rest assured that they will enjoy the same confidence

146 EXTRATERRITORIALITY

of the Chinese people and hence the same material benefits as the nationals of

non-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 Commission on Extraterritoriality submitted-to the interested Governments

pursuant to a resolution adopted at the Washington Conference. The Americant

Government must be aware of the fact, that since the completion of that re-

port, conditions in China have greatly changed, and in particular both the poli-

tical and judicial systems have assumed 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 this point, it may be worth while to recall the circumstances under

which the American Government renounced its rights 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 American Government, realising that, the

Turkish people, with legitimate, aspirations and: under the guidance of a new

and, strong Government, 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 and

property of American

adequate protection.citizens

The

American Government, which did full justice to the Turkish people in the

matter of jurisdiction without any apprehension 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 American Govern-

ment that the Chinese Government has recently concluded treaties with several

other Powers 4which have agreed to relinquish Extraterritoriality on January

1, 1930. If it had appeared to the Government of those Powers, as it appears-

tp the American

a judiciary capableGovernment,

of renderingthat thereto did

justice theirnotnationals

yet exist

andina body

this country,

of laws-

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 discussions 'of Extraterritoriality at the Washington Conference have al-

ready shown by an overt act that that system has outlived its usefulness and

should be replaced by dn<> in harmony 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 oyer all foreign nationals.

It is the hope of the Chinese Government that whatever misgivings and

apprehensions

under discussionthewill

American

be nowGovernment

dispelled, and maythat,

haveinintheconsidering the subject

further examination

of this subject, it will be actuated by much weighter considerations, namely,,

the enhancement of friendship between the Chinese and the American 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 American Gov-

ernment to enter into immediate discussions with the authorised representative

of the Chinese Government for making the necessary arrangements whereby

Extraterritoriality in China will be abolished to the mutual satisfaction of

both Governments.

“I avail myself, etc.

Wtang Chengtino."

EXTRATEREITORIAiLITY 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

your Government in regard to the request of the Chinese Government, con-

tained in my Note of April 27th for the removal of restrictions on China’s

jurisdictional Government.

The Chinese Government is pleaded to be reminded by the French Govern-

ment that it gave another proof of the friendly feelings it always entertained

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 source of inspiration both to the Chinese and the French people in

their political evolution. It is therefore with pleasure that the Chinese

Government takes note of 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 undoubtedly aware of the fact that since the

-completion of that report, conditions in China have greatly changed, and,

in particular, both the political and judicial systems have ■ assumed a new

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

no justice to the steadfast policy of the National Government.

Furthermore, it may be worth while to recall the circumstances under

which the French Government renounced its rights 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 people with legitimate aspirations and under the guidance of a new

and strong Government could accomplish greaj, things in a short space of

time, had the wisdom and foresight ito'relinquish.'its special privileges similar

t6'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 jurisdictioh 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 Goyernments of those Powers, as it appears

"to 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 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 discussions of Extraterritoriality of the Washington Conference have

already shown by an overt act that that system has outlived its usefulness and

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 extending jurisdiction over all foreign nationals.

148 RENDITION OF TIENTSIN

It is the hope of the Chinese Government that whatever misgiving and;

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 forwillmaking 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-

it 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 Affairs)

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

Tien tsin ;

ur. Tzong 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-

SINT0-F0REIGN TREATIES J 49

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 IV.—All public properties of the Belgian Copcession, such as

wharfs, piers, roads, railways together with the land occupied by them, in-

qluding 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 Beigian Municipality, as, well as the bank deposits

of the Belgian Municipality, shall be handed over to the (National Government

of the Republic of China on the day of the coming into force of the present

Agreement.

Article V.-- The name and the status of the iBocicte 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.

ofThea Chinese

month. authority concerned will issue the new certificates within a period

Article VIA—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 sdged 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 ait

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.

grantArticle II.—The

to each other Governments of China ofandtheofother

and to the nationals Japancountry,

shall reciprocally

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

favo'urable 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

accbMed or to be accorded to the like; articles produced or manufactured in

•the same territories and exported to any other foreign country.

In regard to tonnage duos 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 ‘ foreign: country.

as in the exchanged stipulations

Article III.—The Notes annexed contained

to the inpresent

the foregoing Articles

Agreement shall asbe well

. in-

corporated in, and form part of, a Treaty of Commerce and Navigation to

be negotiated and concluded as soon as possible betweeh the Republic of China

and the Empire of Japan.

Article IV.—The Chinese, 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.—fThe 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, corresponding to the sixth

day of the fifth month of the fifth year of Showa.

Chengting T. Wang,

Minister for Foreign Affairs of The

National Government of the Repu-

blic of China.

M. Shigmitsu,

Japanese

China. Charge d’Affaires' m

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 France, animated by the desire to further consolidate the

ties of friendship which happily subsist between the two Countries, and to pro-

mote the commercial relations betweeh 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:

The President of the National Government of the Republic of China:

His Excellency Dr. Chengting T. Whng; Minister of Foreign1

Affairs of the National Government of the Republic of China ;’

SINO-FOREIGN TREATIES 1.51 i

The President of the Republic of France;

His Excellency Comte de Martel, Ambassador, Envoy Extraordin-

ary and Minister Plenipotentiary of the Republic of France to

■ v China, Commander of the Legion of Honour;

Who, having communicated to each other their respective full powers, found

in good and due. form, have agreed upon the following Articles;

Article I.—The Sino-French Commercial .Convention -of Tientsin of 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 of the fifth moon of the thirteen year of Kwang Hsu . (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 Kwang PIsu. (June

23, 1887), and the Supplementary Convention signed at Peking on the twenty-

eighth day of the fifth moon of the twenty-first year of Kwang Hsu (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 ,eleyenth'year of Kwang Hsu (June. 9, .1885) are also abrogated.

Article II.—The city of : Lungchow of Kwahgsi and those of. rSzemao,

Hokow and Mengtze of Yunnan shall remain open to the trade across the land

frontier 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.

The heads and acting heads of Consulates and vice-ConsuIates, as .WCll as

the members of the Consular service shall be nationals of the country which

appoints them. They shall not engage in commerce or industry,

i , Article IY.—Chinese nationals entering the' territory pfFt^PPh Indo-

China and. French nationals .of Insio-China entering the territory-to China

must be provided with passports issued by the competept authorijtjgs of their

country of origin. Such passports shall be visaed by, g. Consulate ^,of ' the

country of destination of by the proper authorities of the said ‘country.

Tbe High Contracting Parties undertake to grant to each other; i n con-

formity with tReir respective laws and regulations, the most-favoured-natiom

treatment with regard to the fulfilment of formalities,, including thpse relating;

tp identification,, concerning (1) passports (2) the system qf internal laissez-

passer and visa for departure (3) the entry or departure of Chinese nationals

and French nationals of Indo-China going tp Indo-China or the three provinces

of Yunnan, Kwangsi and Kwangtnng.

Nothing is changed in the system of temporary or permanent passes itsued:

to inhabitants of the frontier who . are necessitated by their work or business-

to stay temporarily in or to go frequently to the territory of the other country

in the neighbourhood of the boundary.

Article Y.—The nationals of China in French Indo-China and the French

nationals in the above-mentioned Chinese localities shall have the right to

reside, travel and engage in industry or Commerce. The treatment accorded"

to them for the exercise of such rights, in conformity with the laws aiid re-

gulations in force in China or French Indo-China, shall in no 'way be less

favourable than that of the nationals of any other Power.

The above

in the nationals of China

specified Chinesein localities

French Indo-China

shall not beandsubjected

the French nationals

to taxes, im-

posts or contributions higher or other than those to which nationals of the

mbst-favoured-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 Kwangtung and using the territory of Tonking, shall

!52 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% cd 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

\°/0 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

exempted 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 Lungchou 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 YII.—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 justifier’ 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-Ghina 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 crimes 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

nationalthatusage

exception will beis made

extradition of all cases in which according to inter-

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 of their desire to revise or terminate the Convention, it shall continue

to be in force, provided, however, that at any time after the expiration of

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 p.os-

seible 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 XL—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.

Done 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 the

reorganization of the Provisional Court of the Shanghai International Settle-

ment. Mr. Oudendijk, the Dutch 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

3, and insistedofonthetheChinese Government.

settlement of the affairDr.directly

C. T. with

Wangtheprotested

Ministerson them-

July

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. Koechlin,

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 rules,

all former I.—From the date exchange

agreements, on which the presentet Agreement

of notes comesspecial

cetera having into force,

refer-

ence to the establishment of a Chinese court in the International Settlement

at Shanghai shall be abolished.

Article II.—The Chinese Government shall, in accordance witli 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 Yuen 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 officiate

(

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 ,1V.-When any person is arrested by the municipal or judicial police

hh shall, within twenty-foUr hours, exclusiye 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 under the present Agreement shall each

haver a e§rta,in number, of procurators to be appointed by the Chinese Govern-

ment, who shall hold inquests and autopsies (Chien Yen) within the jurisdic-

tion of these 'Coiirts 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 Se$tlement, pr 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 tl^e, party icpncerned shall prosecute. The procurator shall have the

right to express his views in court in all criminal cases in which the prosecu-

tion is initiate^, by the. Municipal Police or the party concerned.

Article VI.—All judicial processes, such as summonses, warrants, orders

et cetera, shall be valid only after they have been signed by a judge of the

Courts established under the present Agreement, whereupon they shall 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 be 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 as 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 casos. Fpr the

execution of judgments in civil cases, the process-servers shall be accompanied

by the judicial police. The officers and members of the judicial police 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

faithful to their duties.be subject to the orders and direction of the Courts and

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

by the Courts established under the present Agreement shall, at the discretion

of the said Courts, serve their sentences either in such prisons in the Settle-

ment or in Chinese prisons outside the Settlement, except that offenders against

SHANGHAI PROVISIONAL COURT I5f>

the Police Offices Code and the Laaid Regulations and Bye-laws and persona

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 represnt 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 tfieir 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 Md.

On behalf of the Mini$ter ,jnr

Foreign Affairs.

J. de Pinto iDias.-

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.

L. Gronvold.

On behalf of the Norwegian

Charge d’A ffaires.

F. E. H. Groenman.

On behalf of the Netherlands

Charge d’Affaires.,

156 SHANGHAI PROVISIONAL COURT

Note Prom Heads of Legations Concerned to Minister for Foreign Affairs.

Nanking, February 17, 1930.

Sir,

With reference to the Agreement which we have signed to-day concerning

the establishment of a (District 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 on the following points:

1. —It is understood that the Courts established under

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 over 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 iShanghai* except (a) mixed criminal cases arising

on privat® foreign property outside the limits of the Settlement and (&) mixed

civil cases arising in areas surrounding the Settlement.

2. —It is understood that the present practice regarding t

dictions of the Chinese Court now functioning in the International Settlement

and the Court existing in the French Concession shall be followed, pending a

definite arrangement between the Chinese Government and the authorities con-

cerned.

3. -—It is understood that as far as practicable Chinese sh

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 tile Municipal Council, to whom will,be allotted

by the President an office on the coujrt 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 with the

provisions of the above-mentioned Article.

4. —It is understood that the establishment of the Courts

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 no

or prejudice any future negotiations regarding the status of extra-Settlement

roads.

6. —It is understood that the sum of $60,000 (sixty tho

on deposit with the Bank of China to the credit of the present Chinese Court

in the International Settlement shall be maintained by the Chinese Government

to the credit of the new Cofirts established under the present Agreement.

7. —It is agreed that in accordance wdth Chinese law, t

tained by the Courts established under the present Agreement, a storage room

for articles confiscated by the Courts, which remain the property of the Chinese

Government, it being understood that confiscated opium and instruments for

the smoking

national and preparation

Settlement every threethereof

monthsshall

andbethatburned publicity inCouncil

the Municipal the Inter-

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-

ment, 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 farce in the latter

Courts, provided that the proceedings in mixed" cases shall, as far as 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.

iL. 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 we 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 OF HONGKONG

Letters Patent passed under the Great Seal of the United Kingdom,,

constituting the office of Governor and Coinmander-in-Chief of the-

Colony of Hongkong and its Dependencies.

Hated Mth George the Fifth by the Grace of God of the United Kingdom of Great

February,1917 Britain and Ireland and of the British Dominions beyond the Seas

King, Defender of the Faith, Emperor of India: To all to whom

these Presents shall come, Greeting.

lt»cites Letters

Patent ofl»th Whereas, by certain Letters Patent under the Great Seal of Our

January, United Kingdom of Great Britain and Ireland, bearing date at Westmins-

1888. 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 :

Cnnneil of 20th And whereas by Orders of Her said Majesty in Her Privy Council

October,

and 1898, bearing date respectively the Twentieth day October, 1898, and the

1899.27th Dec., Twenty-seventh day of December, 1899, certain territories adjacent to the

said Colony were, for the term therein ’ ^erred 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:'

Revokes Letters

Patent of1888. Now, know ye that We do by these presents revoke the above recited

19th Letters

January, Patent of thn 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:

Office of Gover-

nor constituted I. —There shall be a Go

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.

Governor’s

powers and II. —We do hereby a

authorities. Governor and Commander-in-Chief (hereinafter called the Governor) to da

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.

Governor’s Com all due HI.—Every person appointed to fill the office of Governor shall with

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 COLONY OF HONGKONG

there take before them the Oath of Allegiance in the form provided by an by ^oJerno*1*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 Actio ]

amend the Law relating to Promissory Oaths ; and likewise thh 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 Colony

for sealing all things whatsoever that shall pass the said public seal.

V. —There shall be an Executive Council in and for the Colony and com

the 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

may upon sufficient cause to him appearing suspend from the exercise of

his functions in the Council any Member thereof pending the signification

of Our pleasure, giving immediate notice to Us through one of Our Prin-

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 Colony, an d

the said Council shall consist of the Governor and such persons as We

shall 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 confirme 1 by Us through one of Our Principal Secretaries of State the

Governor shall forthwith by an instrument under the Public Seal of the

Oolony revoke the appointment of such Member, and thereupon bis seat

in the Councd shall become vacant.

VII. —The Governor, by and with the advice and consent of t

Legislative Council, may make laws for the peace, order, and good govern- a

ment of the Colony.

VIII. —We do hereby reserve to Ourselves, Our heirs and succes

full power and authority to disallow, through one of Our Principal Secret- Law8'

aries of State, 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 successors, Our

and their undoubted right, with advice of Our or their Privy Council, t^thVcro”®?

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 presented to the A

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 one of Our Principal Secretaries of State, declare that he as-

sents thereto, or refuses his assent to the same, or that he reserves the

same for the signification of Our pleasure.

XI. —A Bill reserved for the signification of Our pleasure shall tak

effect so soon as We shall have given Our assent to the same by Order in

CHARTER OF THE COLONY OF HONGKONG

Council, or through one of Our Principal Secretaries of State, and the-

Governor 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.

and

Le' isiative

Council XII.—In

to obser- Council the mating of any lawsalltherules,

shall conform Governor and the Legislative-

ve instructions. jn that behalf containedto inandanyobserve regulations,

Instructions under Our Signand directions

Manual and

Signet.

triMid grant?. XIII. —The Go

execute, under the Public Seal of the Colony, grants and dispositions of

any lands which may be lawfully granted or disposed of by Ds. 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.

XIV. —The Gov

Commissioners, Justices of the Peace, and other necessary Officers and

Exsr1 Ministers in the Colony, as may lawfully be constituted or appointed by

Us, all of whom, unless otherwise provided by law, shall hold their offices

during Our pleasure.

XV. —When any

Colony, or for which the offender may be tried therein, the Governor m iy,

as he shall see occasion, in Our name and on Our behalf, grant a pardon

to any accomplice in such crime or offence who shall give such information

as shall lead to the conviction of the principal offender, or of any one of

such offenders, if more than one; and further, may grant to any offender

convicted of any crime or offence in any Court, or before any Judge or

other Magistrate within the Colony, a pardon either free or subject to

lawful conditions, or any remission of the sentence passed on such offender

or any respite of the execution of such sentence for such period as the

Governor thinks fit, and may remit any fines, penalties, or forfeitures due

or accrued to Us. Provided always that the Governor shall in no case,

except when the offence has been of a political nature unaccompanied by

any other grave crime, make it a condition of any pardon or remission of

sentence that the offender shall be banished from or shall absent himself

or be removed from the Colony.

XVI. The Governor may, upon sufficient cause to him appearing,

dismiss any public officer not appointed by virtue of a Warrant from Us,

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-

ipg 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-

siou 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 OP THE COLONY OF HONGKONG 161

the officer to be so informed, and thereupon his office shall become vacant.

In proceeding to any such suspension, the Governor is strictly to observe

the directions in that behalf given to him by Our Instructions as aforesaid.

XVII.—Whenever the office of Governor is vacant, or if the Governor 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 oiProviso. Oaths-

to be taken by the Governor and in the manner herein prescribed; which

being done, We do hereby authorise, empower, and command Our Powers, &c., of

Lieutenant Governor, or any other such Administrator as aforesaid, to Administrator,

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 as1 aforesaid, and the

laws of the Colony.

XVIII.—And We do hereby require and command all Our officials 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

for the time being administering the Government of the Colony.

XIX. —In these Our Letters Patent the term “the Governor ”

include every person for the time being administering the government of

the Colony.

XX. —And We do hereby reserve to Ourselves, Our heirs and success

full power and authority, from time to time, to revoke, alter,, or amend

these Our Letters Patent as to IJs or them shall seem meet.

XXL—And We do further direct and enjoin that these'Our Letters

Patent shall be read and proclaimed at such place or places within the

Colony as the Governor shall think fit, and shall come into operation on

a day to be fixed by the Governor by Proclamation.

In witness whereof We have caused these Our Letters to be made

Patent. Witness Ourself at Westminster, the Fourteenth day of February

in the Seventh year of Our Reign.

By Warrant under the King’s Sign Manual,

Schuster.

110YAL INSTRUCTIONS

CONSTITUTION OF THE EXECUTIVE AND

LEGISLATIVE COUNCILS

Instructions passed under the Royal Sign Manual and Signet to the

Governor and Commander-in-Chief of the Colony of Hongkong and

its Dependencies.

George U.l.

ns ruc

Febtia^wn

e ruary I ^ ti0°s to Our Governor and Commander-in-Chief

' " Colony of Hongkong and its Dependencies or other Officer in and overfor Our

the

time being administering the Government of Our said Colony and

its Dependencies.

Preamble. Whereas by certain Letters Patent under the Great Seal of Our

United Kingdom of Great Britain and Ireland, bearing even date

8 erew

Patent

date. o^ven

' ^mander-in-Chief

n i^> We have(therein

made provision for the called

and hereinafter office oftheGovernor

Governor)andinCorn-

and

over Our Colony of Hongkong, and its Dependencies (therein and here-

inafter called the Colony) :

And whereas We have thereby authorised and commanded the Gov-

ernor to do and 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:

tfons of mb™

january, is88,1 * t1ie

tionsAndto thewhereas

GovernorHerunder

Majesty

HerQueen Victoria and

Sign Manual did issue

Signetcertain Instruc-

bearing date

instructions

7th July, 1896.^ bearing Nineteenth

date thedaySeventh

of January,

day of 1888,

July, and

1896certain

: Additional Instructions

And whereas We are minded to substitute fresh Instructions for

the aforesaid Instructions and Additional Instructions:

Sructkms' of Manual

19th January, Nowandtherefore

Signet,Werevoke

do, byas from

thesetheOurdate

Instructions underinto

of the coming Ouropera-

Sign

tfonaHnstruc-"

tionsofTthJuly the tion Nineteenth

of Our saiddayrecited Letters Patent,

of January, 1888, and the aforesaid Instructions

the aforesaid Additional of

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 recite'I 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 INSTKUCTIONS—HONGKONG 163

IT.—-The Executive Council of the Colony shall consist of the Lieut-

enant-Governor of the Colony (if any), the Senior Military Officer for Council,

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, 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 by 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. [Xs amended by Additional Instruction dated 16-11-28.]

III.—Whenever any Membei, other than an ex officio Member, of Provisional

the Executive Council of the Colony shall, by writing under his hand, KberTof thl

resign his seat in the Council, or shall die. or be declared by the ^iei™;ive

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 Colony, provisional!}’

appoint any public officer to be temporarily an Official or 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 Member.

Such person shall forthwith cease to be a Member of the Council if

bis appointment is disallowed by Us, or if the Member in whose plape 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

Seal capable of again discharging his functions in the 'Cpuhcih or shall

return to the Colony, or shall cease to sit in the Council as an W officio

Member.

IY.—The Governor shall without delay, report to Us, for Our con-Such provisional0

firmation or disallowance, through one of Our Principal Secretaries; of rebs^SwdiaWy

State, every provisional appointment of any person as a Mefnber of the Portedi;;

said Exectitive Council. Every such person shall hold his place in the

Council during Our pleasure, and the Governor fhay by an Ins: rument

under the Public Seal revoke any such appointment.

V. —The Official Members of the Executive Ooupcil ^£^11 take pre

cedeuce of the Unofficial Members, and among, fhemaelves shall have

seniority and precedence as We may specially assign,, and, in default;

thereof, first, the ex officio Members in the order in which their offices

are above 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), and

then other Official Members and all Unofficial 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 are

named therein.

VI. —The Governor shall forthwith communicate these Our Instr

tions to the Executive Council, and likewise all such others, from time to fn^cUou^to

time, as We may direct, or as he shall find convenient for Our service to Executive

impart to them. ‘ ' Council.

ROYAL INSTRUCTIONS—HONGKONG

Executive

Council riot YTI.—The Executive Council shall not proceed to the despatch of

proceed

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), be present and assisting throughout the whole of the meetings at

authority.

Quorum. which any such business shall be despatched.

Who to preside. VIII. —The Govern

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

Executive ol IX. —Minutes shall be r

Council Executive Council; and at each meeting of the Council the Minutes of

kept. to the last preceding meeting shall be confirmed or amended, as the case

may require, before proceeding to the despatch of any other business.

Twice in each year a full and exact copy of all Minutes for the

preceding half year shall be transmitted to Us through one of Our

Principal Secretaries of State.

GovernorExecu-

consult to X. —In the execution of th

tive Council. Governor by Our said recited Letters Patent, he shall in all cases consult

with the Executive Council, excepting only in cases which may be of such

a nature that, in his 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 being 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.

Governortoalone

entitled XI.

sub- the Executive —The Governor shal

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 the Governor to the same.

XII. —The Governor m

toact in oppositior ties granted

Executive

Council' to him by Our said recited Letters Patent, act in opposition

Reporting to the advice given to him by the Members of the Executive Council, if

grounds for so he shall in any case deem it right to do so; but in any such case he shall

Member

require may fully

their

report the matter to Us by the first convenient opportunity, with

the grounds and reasons of his action. In every such case it shall be

adverse recorded recorded attolength

opinion

toon beMinutes. competent any Member of the said Council to require that there be

on the Minutes the grounds of any advice or opinion

he may give upon the question.

Constitution of

Legislative Governor, the Lieutenant-Governor (if—The

XIII. Legisla

Council. 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 exceeding four in number at any one time, as at the date

Official Members ofOfficial

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 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

one of Our Principal Secretaries of State, may from time to time

appoint by an Instrument under the Public Seal of the Colony, and ail

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, Unofficial

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 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 amended by Additional Instructions dated 15-11-28.]

XIY.—Whenever any Member other than an ex officio Member of Provisional

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 bers 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

to he temporarily an Official or Unofficial Member of the Council, as the

-case 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 Council, 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 to sit in the Council as an

ex officio 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, bemlmStateiy*

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 Kevocation

pleasure, and the Governor may, by an Instrument under the Public Seal, ap^fntments.

revoke any such appointment. [As amended by Additional Instructions dated! 5-11-28.]

XV. —[This clause was revoked by Additional Instructions dat

November 15th, 1928.]

XVI. —[This clause was revoked by additional Instructions d

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.

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 Council.

166 EOYAL INSTRUCTIONS—HONGKONG

Resignation

Members. of by writing XVIII.—Any Unofficial Member may resign his seat at the Council

under his hand, but no such resignation shall take effect until

it be accepted in writing by the Governor, or by Us through one of Our

Principal Secretaries of State.

Council

transact may XIX.

business transaction —The Legisla

notwithstanding

vacancies. thereof; of business on account of any vacancies among the Members

Quorum. but the said Council shall not be competent to act in any case

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 as WeXX.may specially assign, and in—The Members o

default thereof, as follows:—

(1) First, the Official Members in the following order:—

(a) The ex OJRcio Members in the order in which their offices

are mentioned (except that the Senior Military Officer, if

below the rank of Lieutenant-Cblouel 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 are named therein!

(2) Secondly, the Unofficial Members in the following order :—

(а) 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.

(б) Other Unofficial 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 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 been con-

tinously a Meuxber of the Legislative Council.

[As amended by Additional Instructions of 20-11-29.!

Who to preside. XXI. —The Gove

Council, unless prevented by illness or other grave cause; and in his

absence any Member, appointed by him in writing shall preside, or, in

default of such Member, lire Member who is first in precedence of those

present shall preside,

Questionsbytoa be

decided XXII. —All que

majority. shall be decided by the majority of votes, and the Governor or the Member

Governor

M have original presiding shall have an original vote in common with the other Members

of the Council, and also a casting vote, if upon any question the votes

shall be equal.

Rales and order

to be made. ing rules XXIII.—The Legislative Council may from time to time make stand-

and orders for the regulation of their own proceedings ; provided

such rules and orders be not repugnant to Our said recited Letters Patent,

or to these Our Instructions, or to any other Instructions from Us under

Our Sign Manual and Signet.

ROYAL INSTRUCTIONS—HONG KONG 167

XXIV.—It shall be competent for any Member, of the Legislative Question, for,lebate &e.

Council to propose any question for debate therein ; and such question, if -

secondedby 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 Governor and the Council Rules and reguia-

shall observe, as far as practicable, the following Rules:— wSSiOrStaances

1.—All laws shall be styled “Ordinances,” and the enacting words aretobeenacted'

shall be, “ enacted by the Governor of Hongkong, with the advice and Form of enacting

consent “of the Legislative Council thereof.” ordinances.

2.—All Ordinances shall be distinguished by titleK, aiid shall be ,!inance810 t)e

divided into successive clauses or paragraphs, numbered consecutively, and 0rnumbered and

to every such clause there shall be annexed in the margin a short summary arranged.5"3'

of its contents. The Ordinances of each vear shall be distinguished In-

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 not to beOrdin-

mixed

as have no proper relation to each other; and no clause"is to be inserted inance. Slime No clause

in or annexed to any Ordinance which shall be foreign to what the title of totitle be introduced

foreignof Ordinanc

to what

•such Ordinance imports, and ho perpetual clause shall be paid of any imports. Tempor

temporary Ordinance. ary Ordinances.

XXVI.—The Governor shall not, except in the cases hereunder men- Description >eof

tioned, assent in Our name to any Bill of any of the following classes :— assented to'

1.—Any Bill for the divorce of persons joined together in holy matri-

mony :

2. —Any Bill whereby any grant of land or money, of other donation

or gratuity, may be made to himself -.

3. —Any Bill affecting the Currency of the Colony or relating to the

issue of Bank notes :

4. —Any Bill establishing any Banking Association, or amending or

.altering the constitution, powers, or privileges of any Banking Association:

5. —Any Bill imposing differential duties :

6. —Any Bill the provisions of which shall appear inconsistent with

obligations imposed upon Us by Treaty :

7. —Any Bill interfering with the discipline or control of Our forces by

and, sea, or air :

Our. 8-—Any Billorofthean rights

prerogative, extraordinary natureof and

and property importance,

Our subjects not whereby

residing

in the Colony, or the trade and shipping of Our United Kingdon and its

Dependencies, may be prejudiced:

168 EOYAL INSTKUCTIONS—HONGKONG

9. '—Any Bill whereby pe

be subjected or made liable to any disabilities or restfictious to which

persons of European birth or descent are not also subjected or made liable:

10. —Any Bill containin

refused, or which have been disallowed by Us :

Proviso in oas

of emergency f have Unless in the case of any such Bill as aforesaid the Governor shall

immediate previously obtained Our instructions upon such Bill through one of

■operation

Ordinanceof an suspending

Our Principal Secretaries of State, or unless such Bill shall contain a clause

the operation of such Bill until the signification of 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 of 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.

XXVII.—Every Bill intended to affect or benefit some particular per-

son, association or corporate body shall contain a section saving 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 be

introduced into the Legislative Opuncil until due notice has been given

by not less than two successive publications of the Bill in the Hongkong

Government Gazette, onA. in such other manner as may be required by the

Standing Buies and Orders for the time being in force; and the Governor

shall 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.

Ordinances,

todulybeauthenti-&c. ,

sent home Bill shallXXVIII.—When any Ordinance shall have been passed or when any

have been reserved for the signification of Our pleasure, the

Governor shall transmit to Us, through one of Our Principal Secretaries of

State, for Our final approval, disallowance or other direction thereupon, a

full and exact copy in duplicate of the same, and of the marginal summary

thereof, duly authenticated under the Public Seal of the Colony, and by

his own signature. Such copy shall be accompanied by such explanatory

observations as may be required to exhibit the reasons and occasion for

passing such Ordinance or Bill.

Colleetion

Ordinancesevery

published to be each XXIX.—At

of the earliest practicable period at the commencement of

year, the Governor shall cause a complete collection to be published,

for general information,of all Ordinances enacted during the preceding

Minutes ofofpro- Legislative

ceedings XXX.—Minutes shall be regularly kept of the proceedings of the-

last Council, and at each meeting of the said Council, the Minutes

ciftobekep^and

send home after °f therequire,

may preceding

before meeting shall

proceeding to thebedespatch

confirmed,

r of oranyamended, as the case

other business.

every meeting. ~

The 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 amk 11 XXXI.—Before disposing of any vacant or waste land, to Us belong-

lufmlde*before

wastelands are toi ?bethemade

Governor shall cause the same'to be surveyed, and such reservations

1 therebiit as he may think necessary for roads or other public

Governor*not

purchase lands, himself any of such landsshall

to purposes .. The (governor not,Our

without directly

specialor permission

indirectly, given

purchase for

through

one of Our Principal Secretaries of State.

ROYAL INSTRUCTIONS—HONGKONa

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 pleasure.

Governor shall appoint to any vacant office or employment, of which the

initial emoluments exceed one thousand dollars or one hundred pounds

sterling a year, according as the said emoluments are fixed with reference

to dollars or to pounds sterling, as the case may be, any person not by Us

specially directed to be appointed thereto, he shall, at the same time, ex-

pressly 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 0ffieer8-

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.

XXXITT.—Whenever any offender shall have been condemned by Regulation of n

the sentence of any Court in the Colony to suffer death, the Governor fnc^pita'icascs.

shall call u^on the Judge who presided at the trial to make to him a written Judge’s report

.report of the case of such offender, and shall cause such report to be taken before' Execntive

into consideration at the first meeting of the Executive Council which may CounciI-

be conveniently held thereafter, and he may cause the said Judge to be

-specially summoned to attend at such meeting and to produce bis 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 ^ernortotake

of the Executive Council thereon ; but in all such cases he is to decide tive’councu'in1’

either to extend or to withhold a pardon or reprieve, according to his own Ma*1 exercise

deliberate judgment, whether the Members of the Executive Council concur own judgment

therein or otherwise, entering, nevertheless, on the Minutes of the Execu- sonso^Councn

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 theadwiceoVthe

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,

ROYAL INSTRUCTIONS—HONGKONG-

Iittports and Exports, ’ Agriculture, Produce, Manufact-uresj and other

matters in? the said Blue Book More particularly specified, with reference

to the'State arid condition of the Colony.

Governor’s

absence. the .XXXyi.—The Grovernor shall not upon any pretence, whatever quit

Colony witliout having first obtained leave from TJs for so doing

under Our Sign Manual and Signet, or through one of Our Principal

Secretaries,of State. . .»; ,>

Term “ the’

Governor xxxyil.—In these.Our Instructions the term “ the Governor” shall,

unless inconsistent with the context, include every person for the time

explained. being administering the Government of the Colony.

Given at Our Court at Saint James’s, this Fourteenth day of February,

1917, in tjie Seventh year of Our Reign.

ADDITIONAL ROYAL 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 10th January, 1922. 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 ils 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 pgbraair.'mV

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 instruo

Signet, bearing date the Fourteenth day of February, 1917, We did con- pebraaryfm?.

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 ^g°*{I“4s^uc'

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 ertjoin and declare Our

Will and pleasure as follows:

I.—Every Unofficial Member of the Executive Council appointed vacationy of.

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 of Executive

the date of the Instrument by which, or in pursuance of which, oun01'

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-’appofntment

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.

172 ADDITIONAL EOYAL INSTEtTCTIONS—HONGKONG

II. —Every Unofficial

appointed immediately on the termination of his term of Office-

shall take precedence according to the date from which he has

been continuously a Member of the said Council.

III. —Every person

Additional Instructions in the Colony is an Unofficial Member

of the Legislative Council may retain his seat until the end of six

years, and every Unofficial Member appointed after the date of

the receipt of these Our Additional Instructions in the Colony

shall vacate his seat at the end of four years, from the date of

the Instrument by which, or in pursuance of which, he was or

is appointed, unless it is otherwise provided by that Instru-

ment.

Provided. that if any such Member is provisionally

appointed ibo fill a vacant seat in the Cpuncil 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 the Instrument

provisionally appointing him.

Every such Unofficial Member shall be eligible to be re-

appointed by the Governor by an Instrument under the Publie

Seal of the Colony for a further period not exceeding four years

subject to Our approval conveyed through one of Our

Principal Secretaries of State.

Given at Our Court at Saint James’s this Tenth day of January,.

1922, in the Twelfth year of Our Reign.

Additional Instructions to the

Governor and Commander-in-Chief, Hongkong.

ADDITIONAL LOYAL INSTRUCTIONS

Additional Instructions passed under the Koyal Sign Manual and Signet

to the Governor and Commander-in-Chief of the Colony of Hong-

kong in regard to the constitution of the Executive Council and of

the Legislative Council of that Colony.

Dated V>th November, 1928. Geokge It.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,

liealm bearing date at Westminster the Fourteenth day of February,

1917, We did make provision for the Government of Our Colony °f patenTonith^

Hongkong and its Dependencies (hereinafter called the Colony) and February, 1917.

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 and J“ ^ruc"

Signet bearing date the Fourteenth day of February, 1917, We did con- February, t1917.

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 {"^'rabr' ai'y

Clauses of Our said Instructions of the Fourteenth day of February, 1917. e rt,ar>’

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- Constitutmu °f

enant-Governor of the Colony (if any), the Senior Military counoU.Ve

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 EOYAL INSTEUCTIONS—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 from Us through one of Our Principal Secretaries

of State.may from time to time appoint under the Public Seal

of the 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 exceeding four in number at any one time, as

at the date of the coming 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.

Provisional in

appointments XIV.—-Whenever any Member other than an ex officio Member

place of Members

.absent, &c. bf 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 exercise of his functions as a Member

of the Council, or be declared by the Governor by an Instru-

ment 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-HONUKONG 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

kJember 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

functions of more than one of the ofljces 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 mmSfateiy^

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 ot

pleasure, and the Governor may, by an Instrument under the Public ™ec1^ppc”,lt'

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 Eeign.

ADDITIONAL DOYAL 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 November, 1929. George I2.J.

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.

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 Letter*

did amongst other things declare that there should be a Legislative February, 1917.

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 ROYAL INSTRUCTIONS—HONGKONG

Rec.teg And wEereas by Our Instructions under Our Sign Manual and

Instructions

Februaryof Signet bearing date the Fourteenth day of February, 1917, We did

1917 constitute

the Twentieththe said Legislative

Clause of the Council as therein isdidsetdirect

said Instructions forth,that

and the

Members of the said Council should have such precedence as there n 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

fresh clause for Now Our

of these therefore We do, Instructions

Additional as from the date

underof the

Ourreceipt

Sign inManual

the Colony

and

instruction°of

“Jh February, Signet,

the hereby revoke

Fourteenth day oftheFebruary,

Twentieth1917,

Clausewithout

of Our prejudice

said Instructions

to anythingof

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 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:—

(d) 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 pursuance

of the same Instrument, according to the order in which

they are named therein.

(2) Secondly, the Unofficial Members in the following order:—

(cr) The Unofficial Members who are also Members of the

Executive Council of the Colony according to the

precedence taken as between themselves as Members of

the Executive Council.

(b) Other Unofficial 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: 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 are not also Members

of the Executive Council take precedence according to the

date from which he has been continuously a Member of

the Legislative Council.

Given at Our Court at Saint James’s this Twentieth day of Novem-

ber, 1929, in the Twentieth Year of Uur Reign.

CONSTITUTION OP COUNCILS—HONGKONG 177

Executive Council

The Executive Council consists of:—

(Ex- Officio)

H.E. the General Officer Commanding the Troops (Major-General

A. W. Bartholomew, c.b., c.m.g., c.b.e., d.s.o.).

The Hon. the Colonial Secretary (Mr. N. L. Smith, 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. R. A. C. North).

The Hon. the Financial Secretary and Colonial Treasurer (Mr. S. Caine).

The Hon. Mr. R. M. Henderson (Director of Public Works).

The Hon. Sir H. E. Pollock, k.c.

The Hon. Dr. R. H. Kotewall, c.m.g., ll.d.

The Hon. Mr. J. J. Paterson.

Legislative Council

The following are the members of the Legislative Council: - - r

Official

H.E. the Governor (Sir G. A. S. Northcote, k.c.m.g.), President.

H.E. the General Officer Commanding the Troops (Major-General

A. W. Bartholomew, c.b., c.m.g., c.b.e., d.s.o.j.

The Hon. the Colonial Secretary (Mr. N. L. Smith, c.m.g.).

The Hon. the Attorney General (Mr. C. G. Alabaster; k.c., b.'B.B.);

The Hon. the Secretary for Chinese Affairs (Mr. R. A. C. North).

The Hon. the Financial Secretary and Colonial Treasurer (Mr. S. Caine).

The Hon. Comdr. G. F. Hole, e.n. (Retired) (Harbour Master)'.

The Hon. Mr. R. M. Henderson (Director of Public Mrorks) .

The Hon. Mr. T. H. King (Inspector General of Police);

The Hon. Dr. D. J. Valentine (Acting Director of Medical Services).

Unofficial

The Hon. Sir H. E. Pollock, k.c.

The Hon. Mr. J. J. Paterson.

The Hon. Mr. T. N. Chau.

The Hon. Mr. M. K. Lo.

The Hon. Mr. S. H. Dodwell.

The Hon. Mr. Leo D’Almada e Castro, Junior.

The Hon. Dr. Li Shu-fan.

The Hon. Mr. M. T. Johnson. i

Appointment of Members of the Legislative Council

By a Despatch from the Secretary of State, the following course is followed in

the appointment of unofficial members:—

Appointed by the Governor (one at least of whom

being a member of the Chinese community) ... 6

Elected by the Chamber of Commerce 1

Elected by the Justices of the Peace ;. 1

Total. -a

STANDING RULES AND ORDERS

THE LEGISLATIVE COUNCIL OE HONGKONG

Made by the Legislative Council of Hongkong in pursuance of the 'provisions of

Clause XXIII of. the Instructions of His Majesty the King under His Sign

Manual and Signet bearing date the 14th 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 Grovernor.

2.—Language

(1) The proceedings and debates of the Council shall be in the 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 shall 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 preceeding

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

There shall be the following standing committees of the Council:—

(a) The Finance Committee, which shall consist of the Colonial Secretary

(Chairman), the Treasurer, the Director of Public Works and the

unofficial members of the Council.

,(&) The Public Works Committee, which shall consist of the Director

of Public Works (Chairman), the Treasurer, and the unofficial;

members of the Council.

(Chairman), and 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.

• On the and

subject,

XXIofofthethequorum, and of who ofshould

Royal Instructions preside,

the 14th see respectively

February, 1917. Clauses XIX-

KULES OF LEGISLATIVE COUNCIL—HONGKONG 171)

(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 for1 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 motion 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 Colony of any

member of a select committee the President may appoint another member in his

place.

6.—Procedure 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 Coiuncil,

by the chan-man.

(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

shall be appended to the report of the committee.

7.—Duties of the Clerk

(1) The Clerk shall send to each member written notice of each meeting of

the 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

before 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 s ion 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 whole Council,

the minufes shall include the numbers voting for and against the question, and the

.names of the members so voting.

180 RULES OF LEGISLATIVE COUNCIL—HONGKONG

(5) The: Clerk shall be responsible for the custody of the rotes, records, bills,

and other documents laid before the Council, which shall be open to inspection by

members of.the, Council and other persons under such arrangements as maybe

sanctioned by the President.

> 8.—Order op Business

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. Announcements.

4. Pap-rs, including any reports of standing or select committees

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. Governttieht business.

• 8.' UnofiScial members’motions.

Government business shall be Set 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.

with (2) A petition

the rules then inshall

forcenotin beregard

presented to the Council unless it be in accordance-

to petitions.

(3) The member presenting a petition may state, concisely the purport of the

petition.

(4) 4-H 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.

The Council .will not receive any petition—

(a) which is not addressed to the Council;

(b) which is not properly and respectfully worded;

00 which has not at least one 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

l ublic funds unless the recommendation of the Governor thereto

whas been signified; or

X/y behic!Vprescribed

does notbyconform with such rules as may from time to time

the Council.

10.—Papers

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 OF LEGISLATIVE COUNCIL—HONGKONG 18f

’(3) All papers shall be ordered to lie upon the table without question put and

any motion for the printing thereof shall be determined without amendment or

dtebate.

(4) All Rules 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 Members

(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 may also be put to other members, relating to a bill, motion, 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 questibn shall not include 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 legal case, or the; answer to a hypothetical

proposition.

(6) A question shall not be asked without written notice unless it is of an

urgent character and the member has obtained the leave of the President so to ask it.

(7) A question must not be made the pretext fqf a debate,''nof can a question

fully answered .be asked again without the lea^e.^ofthe :President.

(8) A member may ask a supplementa,ry question for the purpose of further

elucidating any matter of fact regarding which an answer has been given; but a

supplementary question must not be used to introduce matter not included in the

original question.

12.—Messages from the Governor anh 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. Tile Governor may address

the Council at any time.

12.—Manner of Giving Notices

(1) Where under any Standing Order (or the practice 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 President) within the hours prescribed for the purpose.

(2) Except with the permission of 1 he President, no notice shall 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 computation of the said period of three days.

(3) Any such notice shall be printed and shall be circulated to members of the-

Council, if possible not less than two clear days before the next meeting of the-

Council for which it is valid.

185s RULES OF LEGISLA FIVE 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 far 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 be supplemented by a notice given in accordance with

paragraph (1) of this Order.

14.—Notice of Motions

Unless the Standing Orders otherwise direct, notice shall be given of any motion

which 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 committee of the whole Council.

3. A motion for the adjournment of the Council or of any debate.

4. A motion that a petition be read, printed or referred to a select

committee.

5. 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 withdrawal 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 ter 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 which notice is required except with the consent of the

President.

16.—Rules 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

■Chairman 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 on which a judicial decision is

pending, in such a way as may prejudice the interests of parties thereto.

(6) , No member shall impute improper motives to any:oth

(7) Except when the Council be in committee ho member shall speak more

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 period of the debate.

KULES OF LEGISLATIVE COUNCIL-HONGKONG 18»

(8) A member who has spoken to a question may again be heard to orter

explanation of some material part of his speeeh 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.

(10) Any member who dissents from the opinion of the majority may, if he

give notice forthwith of his intention to do so, lay upon the table a statement of the

grounds of his dissent, either at the same 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 Royal Family, the Governor

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

(!) Debate upon any motion, bill or amendment shall be relevant to such

motion, bill or amendment.

(2) Where an amendineht proposes to1 leave out words arid insert other words

instead of them, debate upon the first question proposed on the anieiidment 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-

sh'dl be confined to the omission or insertion of such words respectively.

18.—Anticipation

(1) It shall be out of order to make a motion or move an 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 of a motion of which notice has been given.

(2) A matter appointed in the Order of Business,, or a motion or amendment

of which notice has been given, shall 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 noes.

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 debate arise, upon the explanation.

21.—President to be Heard Without Interruption

Whenever the President, or the Chairman, 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 OF LEGISLATIVE COUNCIL-HONG KONG

22.—Besponsibility foe Order

The President in Council, and the Chairman in any committee, shall be respon-

sible for the observance of the rules of order in the Council and committee respec-

tively and their decision upon any point of order shall not be open to appeal and

shall not be reviewed by the Council except upon a substantive motion made after

notice.

23.—Breaches of Order

(1) If a Member show disregard for the authority of 1 he chair, or abuse the

rules of the Council by persistently and wilfully obstructing the business of the

•Council, 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 made

upon which the President, shall forthwith put the question, no amendment, adjourn-

ment, or debate being allowed, “ That such member be suspended from the service

of the Council”. If such an offence shall have been committed in a committee of

the whole Council, the Chairman shall forthwith suspend the proceedings of the

committee and report the circumstances to the Council; and the President shall on

a motion being made thereupon put the same question, without amendment, adjourn-

ment or debate, as if the offence had been committed in the Council itself.

(2) Not more than one member shall be named at the same time, unless several

members present together have jointly disregarded the authority of the chair.

(8) If a member be suspended under the 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 other 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 the Council Chamber during the remainder

of the day’s sitting.

(6) If a direction to withdraw under paragraph (5) of this order be not corns

plied with at once or if on any occasion the President or Chairman deem that hi-

powers under that Paragraph are inadequate, he may name such member or 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 ()) pf this order: or are

directed to withdraw under paragraph (5), shall forthwith withdraw from the

precincts of the Council Chamber.

(9) Nothing in this order shall be deemed to prevent the Council from proceed-

ing against any member for any breach of order not specified herein or from pro-

ceeding in any other way it thinks fit in dealing with the breaches of order herein

mentioned.

24.-- Voting *

(1) All questions shall be decided by a 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.

(2) At the conclusion of a debate the question shall be put by the President,

or in any committee by the Chairman, and the votes may be taken by voices aye and

vote,* SeeOnClause

the subject

XXII ofof the

decision

RoyalbyInstructions

the majority,

of theand14th

on the Governor'1917.

February, s original and casting

EULES OF LEGISLATIVE COUNCIL—HONGKONG 185-

no and the result shall be' declared by the President or Chairman, but any member

may claim a division when the votes shall be taken by the Clerk asking each 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 the case may be, shall be called in order, beginning with the

senior member, provided that the President, or in any committee the Chaii man, shall

vote last.

(4) When a division is claimed either in Council or in any committee every

member present shall, unless he expressly state that he declines to vote, record his-

vote either for the ayes or noes. The Clerk shall enter on the minutes the record

of each member’s vote and shall add a statement of the names of members who

declined to vote.

(5) As soon as the Clerk has collected the votes the President, or in any com-

mittee the Chairman, shall state the numbers voting for the ayes and the 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 on any subject in which he has a direct personal

pecuniary interest, but a motion to disallow a member’s vote on this ground shall

be made only as soon as the numbers of the members voting on the question shall

have been declared. If the motion for the disallowance of a member’s vote shall

be agreed to, the President, or in committee the Chairman, shall 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 conimon With the rest Of His Majesty’s

subjects and whether his vote was given oh a matter of state policy,

25. —Firs

(1) The mover of a bill, on moving the first reading thereof, shall state the

object and intention of the measure and the reasons Oh which it is founded.

(2) After such motion has been seconded by another member, and has been

adopted, the bill shall be read a first time. The President may address the Council

on the first reading of a bill should he desire to do so, but no further discussion

shall be permitted.

(3) Except as provided for in paragraph (2) of Standing Order 29, every bill

shall be published in the Gazette after having been fead a first time and before it is

read a second time.

26. —Sec

When a motion for a second reading of a bill shall have been made and

seconded, a debate may be taken only upon the general merits and principles of the'

27.—Committee Stage of: a Bill

(1) When a bill has been read the second time the Council may, at the same

or any subsequent meeting, upon motion made and seconded, resolve itself into a

186 RULES OF LEGISLATIVE COUNCIL—HONGKON G

committee of the whole 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 not be discussed in committee but only its

details.

(3) In committee the Clerk shall read the marginal notes to the bill, clause by

clause, 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 the bill such amendments as they shall think fit, provided that the

amendments are in the opinion of the Chairman relevant to the subject matter of

the bill, and provided that if any amendments are in the opinion of the Chairman

not within the title of the bill the committee shall amend the title accordingly.

(5) No amendment shall be moved 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 his opinion the amendment

violates the provisions of this paragraph.

(6) 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 Chairman considers need not be disposed of separately he may put the question

“ That the Clause, amended as proposed, stand part of the bill”.

(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.

A new clause or a new schedule may be proposed at any time which seems con-

venient to the Chairman.

il (9) On consideration of the schedules the Clerk shall call out the word

Schedule ” if there is only one schedule, or 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, or 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

committee. The whole bill may be left in committee for consideration at some

future meeting of the committee.

(11) When all 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 been 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 187

28-—Third Beading of 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 move 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 amended 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 bill 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 been

passed.

29.—General Provisions relating to Bills

(1) On each reading of a bill the Clerk shall read only the long title of the bill,

r (2) If at any stage ili the progress of a bill the President declares that in his

opinion an emergency exists and that it is desirable in the public mterest 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 stages, or all its remaining stages,

at that meeting.

30.—Bills affecting Private Bights

(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 be given

by the promoters, by two advertisements in some daiiy newspaper published in the

Colony, and, if any of the 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 by two successive publications of the bill in the Gazette,

as required by Clause XXVII of the Boyal Instruction S'of the 14th'February, 1917:

provided that, as laid down in the said Clause XXVII this paragraph shall not apply

to any such bill which is a'GoWrnmeht measure.

(2) If any person considers that his individual rights or interests would be

affected by the provisions of any such bill, he may petition to be heard on the bill

either in person or by counsel, and he shall be heard accordingly, either upon

motion made, seconded and adopted, dr by order of the President. * The President

shall direct whether the person in question or his counsel shall be heard before the

Council, or before a committee of the whole’Council, o>r before a standing committee

or a. select committee.

(3) On any such petition the petitioner, or any member, shall, upon motion

made, seconded and adopted* or by order of the President, be entitled to call and

examine witnesses on oath or affirmation, provided that a list containing the names,,

residences and occupations of the witnesses shall have been delivered to the Clerk

at least two clear days before the meeting of the Council or committee as the case

may be. Any such witness if called by the petitioner may be cross-examined by

any member, and if called by any member may be cross-examined by any other

member or by the petitioner. The oath or affirmation shall be tendered by the

Clerk, or, in any committee, by the Chairman.

188 RULES. OF LEGISLATIVE COUNCIL—HONGKONG

(4) Every bill intended to affect, or benefit some particular person, association

•or corporate body shall in accordance with Clause XXVII of the 'Royal Instructions

of the 14th February, 1917, contain a,section saving the rights of His Majesty the

King, His 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.

31.—Relevancy of Amendments

(1) When any bill, or clause of a bill, or motion, is under consideration in the

'Council or a committee thereof, an amendment may be proposed to such bill, clause

or motion if it Re relevant to the bill, clause or motion to which it is proposed.

(2) An amendment may be proposed to any amendment proposed from the

chair if it be relevant to the original amendment.

(3) 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 or 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

tor 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 be 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, on 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 be interpreted,

in the light of the relevant practice of the Commons House of Parliament of Great

Britain and Northern Ireland.

RULES OF LEGISLATIVE COUNCIL—HONGKOMG 189

(2) In any matter for which these Standing Orders do not provide 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.—Suspension of Standing Orders

A question the object or effect of which may be to'suspend any Standing Order

of the Council shall not be proposed except 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.