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i ^ i . ! ! I ' I ; A [ M '
I ■ O' !i N ! C> CO., LT D.
^3 43031
THE
DffiECTOKT & CHRONICLE
OF
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
l
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
X,
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
12
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:—
0l
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
m,
l
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NIGHT SIGNALS (Lamps).
El S S IS IS
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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
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FOR YOU
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CEMENT MANUFACTURERS xv
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HAIPHONG.”
£ inc; \ is fo
A.3.C. Code A.S. Code
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Cogef
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MANNERS
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^ Co., Ltd.
Lclandy:
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Co., Ltd.
HAGE MEYER
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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
ADVERTISEMENT
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.
B.
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.
G.
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
B.
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
F.
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
G.
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.
I
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,
M.
,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
m
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
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TREATIES, CODES, &c.
1
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. ,,
1
: 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
of
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.
*2
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
0
0
0
00 per per 100
Beyohe seedseed('Nur Vomica) .. .600 2
22 0
0 00 picul
Pungtarai
Gum Benjamin ..4 0 0
00
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
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
20
0
00
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
or
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.
3
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
3
«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.
(c) Iftheacts alleged constitute an offence falling within two or
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,
of
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
(c) Of any person having served as assessor who was not qualified; or
(d) Of any objection to any person as assessor which might have-
been raised before or at the trial; or
(ej Of any informality in the swearing of any witness ; or
( f) Of any error or omission in the charge, or any informality in
procedure which, in the opinion of the Supreme Court, did not
affect the substance of the case or subject the convicted person
to any undue prejudice.
PrivyCouneii
n
'' 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.
(c) The Supreme Court and each Provincial Court is substituted
for a Magistrate of any part of His Majesty’s dominions.
(d) For the purposes of Part II. of the said Act of 1881, and of this
Article in relation thereto, China, Corea, Weihaiwei and Hong-
kong shall be deemed to be one group of British possessions.
1Y.—Civil 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
(c) By his attorney or agent thereunto lawfully authorized in
writing and approved by the Court.
(2) Where the act is done or proceeding taken by an attorney or by
an agent (other than a legal practitioner), the power of attorney, or
instrument authorizing, the agent, or an 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.
(c) It must have annexed‘thereto
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
4
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.
(c) For regulating or preventing the importation or exportation in
British ships or by British subjects of arms or munitions of war,
or any parts or ingredients thereof, and for giving effect to any
Treaty relating to the importation or exportation of the same.
(d) For requiring returns to be made of the nature, quantity, and
value of articles exported from or imported into his district,
any part thereof, by or on account of any British subject who is
subject to this Order, or in any British ship, and for prescribing
the times and manner at or in which, and the persons by whom,
such returns are to be made.
(2) Any 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;
(c) Take away or abridge any protection or benefit given or to be
enjoyed in relation thereto.
(2) Notwithstanding the repeal of the Orders aforesaid, all Eules
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
register
11. made
12.
in abefore
booksanction
ship, a Consular
of trans-of the
j officer 0!
actions
Shipping in ships,
Acts kept in pursuance of Merchant 0 1 0 with 13.the Consular officer 0!
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
iilMlig- ••
^iftsasswatcfe!*— "■ -
a^KJiBaaass-a-i
»‘M2S^:::::::::::::::::::::.r::;iS
'mm**'--
WMMIb
.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
of
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
5
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-
by
deserts and the ocean and they developed a civilisation and a policy peculiar
to themselves. A wide gulf was thus fixed between Europe and America 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.
Nanking, September 5, 192©.
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.
6
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
8
United Kingdom of Great Britain and Ireland, bearing even date
8 erew
Patent
date. o^ven
11
' ^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:
0
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
of
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
by
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
OF
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.
(c) The Law Committee, which shall consist of the Attorney General
(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.