DIRECTORY & CHRONICLE
OP
CHINA, JAPAN, STRAITS SETTLEMENTS,
MALAYA, BORNEO, SIAM, THE
PHILIPPINES, KOREA, INDO-CHINA,
NETHERLANDS INDIES, &c.
WITH WHICH ARE INCORPORATED “THE CHINA DIRECTORY” AND
“THE HONGKONG DIRECTORY AND HONG LIST FOR THE FAR EAST”
FOR THE YEAR
1939
SEVENTY-SEVENTH YEAR OF PUBLICATION
THE HONGKONG DAILY PRESS, LTD.
MARINA HOUSE, 15-19, QUEEN’S ROAD CENTRAL, HONGKONG
AND
53, FLEET STREET, LONDON, E.C. 4.
MDCCCCXXXIX.
PRINTED IN HONGKONG.
.(IT.i ' Wi YJi/.a' 0 ^ i 3
‘ / *i 1;1 H i .'..•-i ■ 1! :'■
■ /> < ,7. ■ iv! H'I:c ’i ■ ' ■ ■
.XIXXYOOODG it
INDEX: - DIKKCTOKY
.* • ■ PA8K .- PAOK PAOK
Addenda xix China-^-Continued Japan—C'ontwme^
Agencies in Far East£l Southern Portn^Continued 1 Nagasaki ... ... 322
Annam 8212 Samshui... .V. ... A454 Nagoya ... ■ ... ... 1 277'
Anilaiii, Provinces de-... B215 Santuao ... ... ... A394 Osaka v.. 283
Hn« B212 ;Swatotv’ ... ... ... A414 Otaru - ... ... 282:
Totirane... ■ ... B216 Szerhao ... ... ... A479 Shidzuoka ... ... -277
Borneo D81 Tengyueh ;.. ... A4;77 Shimonoseki i.'; ... 319
Brunei ... ... ... D96 Wenchow ' ... ... A390 Tokyo - ... ... • 246
Jesselton (See N. Borneo) WuchoW... "... ' ... A457 Yokohama " 264
Kudat (See N. Borneo) Ynhnanfu ... ... A472 Macao B175
Labuan ... ... ... D94 Yangtsze Ports Malay States
North Borneo, State of i>87 Changsha ... ... A368 (Federated A tTufederated)
Sahdakan (See N. Borneo) Chirikiang ... ... A329 Tpoh (See Perak)
Sarawak... , ... ... D81 •Chungking• ... ... A377 Johor® •• ... :' „v cl76-
Tawao (See N. Borneo) Hankow ... ... A342 Kedah ... . .. ... cI94
Buyer’s Guide ol Ichang ... ... ... A374 Kelantan Q. ... cl87
Cable Addresses for Kiukiang ... ... A340 Klang (See Selangor)
the Far East rl Nanking...' ... ... A331 Kuala Kangsar (See Perak)
China A! Shasi; ... ... ... A367 -Kuala Lumpur (See Selangor)
Central Ports Wuhu ... ... ... A337 Knahtan (See Pahang) '
Shanghai ... ... A145 Tochow ... ... : ... A364 Malay States (Fed.) ... cll5,-
Soochow... ... ... A327 Chosen (Korea) 332 ;Malay States ( Unfed.) C175:
Northern Ports Chemulpo ... ... 338 Mhar (See Johore) -
Antung ... A106 Chinhampo ... ... 343 Negri Sembilan • cl6S
Changchun ... ... A102 Fusan ... ... ... 341 Pahang ... ... ' clTT.'
Chefoo ... ... ... AllS 'Gensan (Wonsan or Perak ... ... ... cl27
Chinwangtao ... ... A84 Yuensan) • ... ... 340' perlis ... ... ..: c 198
Dairen ... ... ... AJ08 Kunsan ... 344 PL: Dickson (See N. Sembilan)
Harbin ... ... ... A94' Masampo ... ... 342 :Pt,.Swettenham(SeeSelai]gor)
Hsinho ... ... ... A83 Mokpo ... ... .. 342 Selghgoi’... - .... ... ct'43
HiinOhun A104 Seishin ... 344 Sei'e'rnban (See N. Sembilah) ::
Kiaochau „. ... A!29 Seoni- ... I.. 334 Taiping (See Perak)
Kirin ... ... ... A.103 Hhsan ©old Mines ... ; 338 Teluk Anson: (See, Perak)
Lungchingtsun A 104 Classified List of Trengganu ... ... Cl90
Lungkow ...''A'123 Merchants & Manu- Dili Selangor (See Selangor)
Manchurian Trade Centres A89. facturers in the Naval Squadron
Mukden..-.. ... ... A90 Far East E75 Nayal Squadron, British nlOl
Nowch-vtang A87, Cochin-China B223 Netherlands
Peitaiho... A8-1
Camhodge ... ... B2,41 Indies c283
Peiping ... ... ... AIT Clu?lon ... ...: . ... B239 Batavia ... ... -..i. c30t
Port Arthur A 105* Saigon ... ... ... B224 Buitenzorg (See: Batavia) :
Port Edward . . ... Al27’ Eastern Siberia 239 Macassar ... ... c322
Taku A81
Nicolaevsk , .,.. 240 Man ado (See Macassar)
Tientsin... ... ... A30. Yladivostock ... ... 239 Medan (Sed E. (t!. Sumatra)'
To.ngku ... ... ... A83 Padang ... ... ... c320‘
Tsinan ... ... ... A141. Engineering Firms in ISemarang '...■ ... c317
Tsingtao A129 the Far East B152
So’Urabaya ... . ... C309-'
Wei-hai-wei ... ... A125 Foreign Residents F129 ;ISumatra, East- Coast of c325
Southern Ports Formosa 325
Daitotei (Twatetia) ... 328 Philippines, The ol
Aanoy - ... A406
Canton ... ' ... ... A423 Keelung ... 327- Baguio ... ... nl4
roechaw... ... ... A395 'Talhoku (Taipeh) ... 328 iCebu ... 1)73
[ Tainan,.Takao & Anping 330
Iloilo ... ... ... p,69'
Hangchow ... , ... A383 •Manila ... ... ... nI2
Hoihow (in Hainan Is.) A467 Tamsui ... 327
Zaniboaiiga ... ... i)7S
Hokow ... ... ... A476 Hongkong A481 Rubber Estates,
Hongkong y. ... A481 indo-China BI91 etc. c201
KOngmoon ... ... A.452 Haiphong ' ... .:. B200' Shanghai A145
Kuliang ... V A398 ;Hanoi ... ... :.. B194 Siam B243
KwOilin ... A459 Tpitkin ... ... .^3193 :Bangkok .L ' ... —?2,45
Kouang-tcheou-wan A462 'l(6hkin, Provinces du ... B205 Steamers
Kowloon Frontier ... A446 Industries in China B! Steamer's, Coasting ... hill.
La^pa ... v. ... A450 Japan 241 Straits Settlements cl
hupgchow A470 Hakodate ' 261 Malacca ... ... ,.. .clQ5;
fitepgtsz ’... ^72 :Kobe ... ... 293 Penang' ... " r- ■■■
C
81
Nanning... ... ... A460 Kynto ... ..' .292' Provi Wellesley (See Penang)1
: Ningpo ... ... ... A386 Kyushu ... ... 321 ■Singapore ... ... 013:
Pakhoi ... A465 Mnii ... 319 Treaties 1
INDEX—DIRECTORY
_A_ PAGE X—Coni. PAGE 3?—Coa<. PAGE
Addenda ... ,.. xix Industries in China ... B! Peitaiho... ... ... A84
Agencies in Far East... E! Ipoh (See Perak) Penang ... c81
Amoy .... A406 O' Peiping ... .... ... A17
Ann am ... B212 Japan ... 241 Perak ... ... ... cl27
Annam, Provinces de ... B215 Jesselton (See N. Borneo) Perlis ... ... c!98
Antung ... ... ... A106 Johore ... ... ... cl76 Philippines, The ... ol
Port Arthur ... ... A105
Baguio ... ... D14 Kedah ... :EC. .... c 1.94 Port Edward A 127
Bangkok ... B245 Keelung... ... ... 327 Prov. Wellesley (See Penang)
Batavia ... ... c3‘01 Kelantan cl^7 IR
Borneo ... i., .... Kiaochau ... ... A129 Rubber Estates, etc. ... c201
British North Borneo ... Kirin ... A103 S
Brunei ... ;.. Kiukiang A2140 Saigon ... ... ... B224
Buitenzorg (See Batavia) Klang (See Selangor) . Samshui... ... ... A454
Buyer’s Guide ... ... Kobe ... 293 Sandakan (/See N. Borneo)
C Korea ... 332 Santuao ... ... ... A394
Cable Addresses for the Kongmpon ... ... A452 Sarawak... ... ... 1)81
Far East Kouang-tcheou-wan ... A462 Seishin ... ... ... 344
Cambodge Kowloon Frontier ... A446 Selangor... ••• ••• cl 43
Canton ... Kuala Kangsar (See Perak): Semarang ' ... ... c317
Cebu ... ; Kuala Lumpur (See Selangor) , Seoul ... ... ... 334
Changchun Kuantan (See Pahang) Seremban (See N. Sembilan)
Changsha Kudat (See N. Borneo) Shanghai A145
Chef oo ... Kuliang A398 Sha«i A367
Chemulpo Kunsan ... 344 Shidzuoka 277
China Kweilin ... ... .... A459 Shipronoseki 319
Chinkiang Kyoto ... 292 Siam B243
Chinnampo . 343 Kyushu ... ... ... 321 Singapore cl?
Chinwangtao . A84 jL. Soochow... A327
Cholon ... . B239 Labuan ... ... ... D94 Sourabaya
Chosen (Korea) . 332 Lappa ... A450 Steamers, Coasting . Dill
Chungking . A377 Lungchingtsun... ... A104 Straits Settlements
Classified List of Lungchow ... ... A470 Sumatra, East Coast of c325
chants & Manufactur- Lungkow A123 Swatow ... ... ... A414
ers in the Far East ... E75 XvX Szemao ... A479
Cochin-China B'^23 Macao ... ... ... B175 T
, 3D Macassar ... ... c322 Tajhoku (Taipeh) ... 328
Dairen ... ' . A 108 Malacca ... ... ... cl05 Tainan, Takao & Anping 330
Daitotei (Twatutia) Malay States ‘(Fed.) ••• cll5 Taku A81
B Malay States (Unfed.)... cl75 Tauisui 327
Eastern Siberia 239 ManchurianlVade Centres A89 Tengyueh . A477
Engineering Firms in Manila ... ... ... D12 Tientsin
the Far East B152
Masampo ... ... 342 Tokyo ...
B Medan (See E. C. Sumatra) Tonkin
Federated Malay States cl 15 Tonkin, Provinces du
Foochow ... ... A395 Mengtszr ... A472
Foreign Residents ... F129 Moji 319 Tongku ...
Mokpo ... ... ... 342 Tourane...
Muar (See Johore) f Treaties ...
Mukden ... ... >..; A90 Trengganu .. cl 90
Gensan (Wonsan or Yuen- XT Tsinan ... .. A141
san) 340 Nagasaki ... ... 322 Tsingtao ...A!29
~FT Nagoya ... 277 XT
Haiphong B2O0 Nanking... A331 Ulu Selangor t See Selangor)
Hakodate 281 Nanning... ... .. A460 Unfederated Malay
Hangchow A383 Naval Squadron, British nlOl States... ... ... cl75
Hankow ... A342 Negri Sembilan ... cl63 Unsan Gold Mines ... 338
Hanoi ... B 194 Netherlands Indies ... c283 "V
Harbin Vladivostock
A94 Newchwang ... ... A87
Hoihow (in Hainan Is.) A467 Nicolaevsk 240 Wei-hai-wei . A125
Hokow A476 Ningpo ... A386 Wenchow . A390
Hongkong A481 North Borneo, State of... B87 Wuchow... . A457
Hsinho A83 Wuhu ... . A337
Hu§ ... B212
Hunch un A104 Yochow ... . A364
Yokohama . 264
Ichang ... ... A374 Padang ... Yunnanfu . A472
Iloilo Pahang ...
Indo-China Pakhoi ...
INDEX TO ADVERTISERS
PAGE • ' . . . ■ . pAQK
A.B.C. DIRECTORY OF AMERICAN CAFFEINE:—
MERCHANTS AND MANUFACTURERS G29
Katwijk aah Zee, Holland G19-
A.B.C. DIRECTORY OF BRITISH MER-
CEMENT MANUFACTURERS:—
CHANTS AND MANUFACTDRERS ... Gl
A.B.C.DIRECTORY OF CONTINENTAL
Indo-China Portland Cement,Co.,,
MERCHANTS AND MANUFACTURERS ,Gl7 Ltd., Haiphong .(Indo-Chiiia) ... ,xv
AIR COMPRESSORS:— CHEMICAL . DISTILLATION EQUIP-
MENT:— .
Gordon Smith & Go., Inc.,
Chicago, TJ.S,A. ... ... ... ... G29 E. B. Badger? & Sons Co-, Boston,
ALLOYS AND.METALS:—
:
Mass., U.S.A.. xi\. ... G29'
Delta Metal Co., Ltd., Birmingham G4 CHINA (ART AND UTILITY):-^
ASBESTOS CEMENT GOODS:— Ph. Rosenthal & Co., A. G.,
Dodwell & Co., Ltd. ...Front Cover Germany ... Gl9’
ASBESTOS PACKING:—
/ CLOCKS MANUFACTURERS:—
PodWell AUTOMATIC SCREW & .FORMING LA- Germany ... ... ... ... ... G20
THES:— . . .... CODES:— , •
Pittler, Germany ;.. ... ... Gl8 Acme Code Co.^New York, U.S.A.
BA'KALITE SHEETS,'TUBES, Arc:— • Shanghai, Engineering Section
and Foreign Residents Tab Pages
Attwater & Sons, Preston, Lancs... , G5
BANKS :— COMPRESSORS OF ALL Kusrps-.t-. .
Chartered Bank of India, Aus- Demag A. G., Duisburg, Germany B162A
tralia and China... .. XII CRANE AND TRANSPORTING MATERIAL:—
Hongkong and Shanghai Bank ... xi Demag A. G., Duisburg, Germany B162A
Hongkong Savings Bank ... . .. xiv
Mercantile Bank of India, ... xm CRICKET BATS:—
BEDSTEADS:— GunD & Moore, Ltd., Nottingham,
England ... ... ' ... ... ... GT
Fitter Bros., Ltd., Birmingham G5
CYCLE ACCESSORIES:—
BELTING;— .
JAMES Dawson & Son, Ltd., Lin- Fichtel A Sachs A.G.,'Germany ... G20
coln, England >.. , .G5 CYCLE GnAIN WHEELS AND CRANES:—
BELTING OF ALL KINDS:— Walton & Brown,.Ltd., Birmingham G7
Dodwe,lL& Co-:,-Ltd. ... ...Front Coyer DIAMONDS, FOR INDUSTRIAL PUR-
.. POSES : - 'v.i i f
BICYCLE ACCESSORIES:— . .
L. M. Yan Moppes Wissner A. Q., Germany ... ... Gl9
DUPLICATING MACHINES :— ;
BUILDING SUPPLIES:- -
Ell’ams Duplicator Cp:, Ltd. .... Gl
Dodwell & Co., Ltd. ... ...Front Cover
BUYER’S’GUIDE ... ... ... Gl ELASTIC FABRICS;—,
CABLES:— Wm. Preston & Son, Ld., England G9
Callender Cables,(Agents): ELECTRICAL ENGINEERS A .
Inniss &• Riddle (China),'Ltd., Carp, Arn. Winkhaus, Carthausen G21
Shanghai & vHongkong; The Weyer & Lander, Germany .... Gl7
Borneo. Co., Ltd., Singapore,
Penang, Kuala Lumpur and ENDORSING INKS & 'STAMP PADS :—
looh ... ... Front Cover ' E. M. Riehford, Ltd!, London ... G8
VI INDEX TO ADVERTISERS—Continutd
PAGE PAGE
ENGINEERING FITTINGS & MEA- LAUNDRYMEN, DYERS, CARPETS AND
SURING INSTRUMENTS:-— , DRYCLEANERS :—
Bopp & Reuther, Germany ... ... Gl7 The Steam Laundry Co., Ltd.,
ENGINEERING SUPPLIES :— Hongkong ... Hongkong Tab Page
A. Ming and Co., Hongkong ... A520 k ESCALATORS:—
LIFTS
ENGINEERS AND MACHINISTS:— Dodwell k Co., Ltd, ... ...Front Cover
Demag A. G., Duisburg, Germany B162A MACHINE TOOLS (REBUILT):—
Reiss,
Bradley & Co., Ltd. ... ... A648 Eastern Machinery Co., Cincin-
ENVELOPE AND CIRCULAR AD- nati, Ohio;.U.S.A. - ... ... G30
DRESSERS:— MACHINERY :—
A Addressing Co. (Smith, Dalby- Demag A.G., Duisburg, Germany B162A
Welch, Ltd.), London... G8 Reiss,
Bradley k Co., Ltd. ... ... A648
EXCAVATORS:— MEASURING INSTRUMENTS:—
Demag A.G., Duisburg, Germany B162A John Rabone & Sons, Ltd.,
FELTS FOR ALL PURPOSES :— Birmingham, England Gil
Lange ife Co., Germany G21 MEAT-JUICE :-r-
GENERAL IMPORT k EXPORT MER- Valentine’s Meat-Juice Co.,
CHANTS:— Virginia, U.S.A. G30
Carlowitz Dodwell A.B.C.Directory of American Mer-
GLASS FOR TECHNICAL k INDUSTRIAL chants and Manufacturers ... G29
PURPOSE :— A.B.C. Directory of British Mer-
Gebr. Sander k Co., Germany... G22 chants and Manufacturers ... Gl
GOLD LEAF MANUFACTURERS :—
A.B.C. Directory of Continental
Merchants and,Manufacturers... G17
Leonhard Kurz, Germany .... .... G22 Carlowitz k Co. ... Back Cover
GRINDING MILLS Dodwell k Co., Ltd. ... Front Cover
J. Rohrbach, Ltd., Germany ... Gl7 Reiss, Bradley k Co., Ltd A648
HONE STONES: — METAL SPINNERS, COPPERSMITHS
STAMPERS AND PIERCERS :—
The Water of Ayr & Tam
O’Shanter Hone Works, Ltd., Elcock k Sons, Ltd., Birming-
Glasgow, Scotland ... G2 ham, England ... ... Gil
HOSE, CANVAS AND FIRE APPLIANCES:— MILLING MACHINES :—
Mcgregordt Co., Glasgow, Scotland GlO Machine Tool Works Arno Krebs,
HOTELS: — Germany G24
Gloucester Hotel, Hongkong A606A MOTOR CARS «k COMMERCIAL
Victoria Hotel, Canton VEHICLES :—
Canton Tab Page Dodwell k Co., Ltd. ... Front Cover
IMPORTERS AND EXPORTERS:— NEWSPAPERS:—
Carlowitz ifc Co Back Cover Hongkong Daily Press, Ltd.,
Dodwell k Co., Ltd. ... Front Cover Hongkong
Reiss, Bradley & Co., Ld. A648 xiv, XYiu, Treaties, Japan,
INSURANCE AGENTS :— Northern Ports, Tangtsze
Carlowitz & Co. ••• Back Cover Ports, Southern Ports,
Dodwell k Co., Ltd. ... Front Cover Macao, Bangkok, Malaya,
Reiss, Bradley & Co., Ltd A648 Rubber Estates, Nether-
lands Indies, The Philip-
IRON & STEEL :—
pines, Borneo, Agencies,
Dobbertin Ernst Komrowski & Co., Germany G23 Addresses and Buyer’s
LABORATORY CENTRIFUGES :— Guide Tab Pages
International Equipment Co., OFFICE FURNITURE k EQUIPMENT:—
Boston, Mass., U.S.A G29 Dodwell & Co,, Ltd Front Cover
INDEX TO ADVERTISERS—CWmwed VII
PAGE PAGE
OIL ENGINES (MARINE & VEHICULAR):— RUBBER (SCRAP):—
Gardner Heavy Oil En'gin'es ‘ H. Muehlstein & C6;,‘ INC., LOS
(Dodwell & Co., Ltd.) ... Front Cover Angeles, California, U.S.A. ... G31
ORE SEPARATORS:—
RUBBER (WASTE AND CRUDE):—
Rapid Magnetting Co,, Ltd., A, Schulman Inc., Ohio. U.S.A.... G32
Birmingham, England ... ... GS) RUBBER AND RUBBER GOODS:—
PHOTOGRAPHIC LENSES ;— Fung Keong Rubber Manu-
factory, Hongkong ... , Bottom Edge
Jos. Schneider V Co., Germany ... Gl 2
:
RUBBER STAMPS:—
PIPE TOOLS:—
E. M. Riehford, Ltd., London ... Gl3
Ridge Tool Co., Ohio, U.S.A, ... G.31
SANITARY. CENTRAL .HEATING IN-
PRINTERS:— STALLATIONS, ETC.:-*- ;
Hongkong Daily Press, Ltd., Dodwell & Col, Ltd.... ... Front Cover
Hongkong ... ... ... ... ...
SCREWINGMACHINES:—
xiv, xviii, Treaties, Japan, .
Northern Ports, Xangtsze . Joshua Heap & CQ., Ltd., England G&
Ports, Southern Ports, SHIPS STORES:—
Macao, Bangkok, Malaya, A. Ming & Co., Hongkong ... ... A520
Rubber Estates, Nether- SHOE & LEATHER MANUFACTURERS:—
lands Indies, Tive Philip-
Bata Shoe Co., Ltd., Singapore ... <3127
pines, Borneo, Agencies^
Classified List, Cable SPORTS :—
Addresses and Buyer’s Slazengers . ... Bottom Front Tab Pages
G-uidt, Pages SPRING KNITTING NEEDLES:—
PRINTING INKS:— Loyal T. Ives Co., N.J., U.S.A. ... G32
John Kidd Co., Ltd., London ... Gl 3 STEAMSHIP AGENTS :—
PRINTING PRESSES:— • Carlowitz & Co ...Back Cover
Challenge Machinery Co., Michigan, Dodwell & Co., Ltd. ... ...Front Cover
jyiackinnon, Mackenzie & Co.,
U. S. A. ... ..." GS1 Hongkong ... ... ...A628A
PRINTERS’ MACHINERY,:— STEEL PLANTS iir-
Linotype & Machinery Ltd., Lon- Demag. A.G., Duisburg, Gerhiany B162A
don ... ...... ..; G3
STEEL WIRE MANUFACTURERS:—
PUBLICATIONS:— J. H. Rud, Giese, Germany G27
Hongkong Daily. Press, Ltd,, STEELS;—
Hongkong ... .„ ... ... ... ; Jonas k Colver (Novo), Ltd.,
xiv, xym, Treaties, Japan, Sheffield, England ... ... ... G14
Norther nPoris, Yangtsze
TENNIS BALLS:—
Ports, Southern Ports,
Macao, Bangkok, Malaya, Slazengers ... Bottom Front Tab Pages
Rubber Estates, Nether- TOBACCOS :—
lands Indies, The Philip- Dodwell & Co., Ltd., Front Cover
pines, Borneo, Agencies,
TOILET GOODS:—
Classified List, Cable
Addresses and Buyer’s Edwards Harlene, Ltd
Bottom Half of Spine
TRAVEL ADVISERS:—
Peerless Pump Division, Los Office Central du Tourisme Indo-
Angeles, California, U.S.A. ... G32 chinois, Saigon
French Ports Tab Page
RAILWAY SUPPLIES:—
WEATHERPROOF GARMENTS:—
A. Ming & Co., Hongkong ... A520
John Lee & Co., Manchester ... G15
ROLLING MILLS:—
WINES AND SPIRITS:—
Demag A.G., Duisburg, Germany B162A Dodwell & Co., Ltd Front Cover
INDEX —TREATIES, CODES AND GENERAL
PAG*
Advertisers, Index to v Sino-Foreign Treaties (Recent) 117
Agents . ix Sino-Japanese Trade Agreement 149
British Subjects in China and Korea (Orders in Statutory Rules and Orders (China and Korea), 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 ]48
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 Provinces Adjoining, 1930 160
Foreign Jurisdiction Act, 1890 56 France, Tariff, 1928 119
Hongkong, Charter of the Colony of 158 Germany, Tariff, 1928 131
Hongkong, Constitution of Councils 177 Great Britain, Kowloon Extension Agreement,
Hongkong Import Customs Tariff A502 1898 3
Hongkong Legislative Council, Rules of 178 Great Britain, Slip.Commercial Treaty with China 4
Hongkong—Royal Instructions 162 Great Britain, Tariff, 1928 12
Hongkong—Royal Instructions (Additional), 1922 .. 171, Italy, Amity and Commerce, 1928 129
Hongkong—Royal Instructions (Additional), 1928 .. 173 ' Netherlands, Tariff, 1928 122
Hongkong—Royal Instructions (Additional), 1929 .. 175 Norway, Tariff, 1928 121
Hongkong Storm Signal Codes and Stations x Portugal, Amity and Commerce, 1928 128
Japan Harbour Regulations 193 Spain, Amity and Commerce, 1928 127
Kellogg Pact, 1928 132 , Sweden, Tariff, 1928.. 120
Orders in Council, China (Amendment) 1914 103 United States of America, Tariff, 1928 118
Orders in Council, China (Amendment), 1915 104 With Japan:—
Orders in Council, China (Amendment No. 2), 1920.. 104 Great Britain, Cpmmerqe and Navign., 1894 19
Orders in Geiuncil, China (Amendment No. 3), 1920.. 104 Great Britain, Commerce and Navign., 1911 ..... 26
Orders in Council, China (Amendment), 1921 105 With Korea:—
Orders in Council (Companies), China, 1915 107' Great Britain, Trade Regulations 16
Orders in Council (Companies), China (Amendment), With Siam:— - • •
1919 Ill Great Britain, 1909 46
Orders in Council, H.B.M., China and Korea 62 Great Britain 1913, re Fugitive Criminals 61
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) 158 Washington Conference Resolutions, 1921-22.. 35
ROOKSELT/ERS
Directorp ana Chronicle For
China, Japan, Malaya, The 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.
NEW YORK Acme Code Co., 89, Broad Street
SAN FRANCISCO : Acme Code Co., 311, California Street
Australia
(Charles Smith Co., Morton
also
House, George Street, Brisbane
Messrs. Gordon & Gotch, 123, Pitt Street
Mr. H. A. Goddard, 255A, George Street
MELBOURNE Messrs. Gordon & Gotch, 124 and 126, Queen Street
BRISBANE Messrs: Gordon & Gotch, Queen Street
Canada
VANCOUVER, B.C.: Mr. C. J. Ward, 1863, West 8th Avenue
India
CALQUTTA Messrs. Thacker, Spink & Co., 3, Esplanade East
BOMBAY “ Times of India ” Office
Far East
TOKYO & YOKOHAMA: Messrs. Maruzen Co., Ltd., Tokyo
KOBE & OSAKA Messrs. J. L. Thompson & Co., Kobe
FORMOSA Mr. S. Elphinstone, Taipei), Formosa
PEIPING... Mr. H. Vetch, The French Book Store, Gi’and Hotel de Pekin
SHANGHAI Messrs..Finance it Commerce, 320, Szechuen Road
FOOCHOW M essrs. Brockett & Co.
AMOY ... Messrs. Douglas, Lapraik & Co.
SWATOW... Messrs. Reiss, Bradley & Co., Ltd.
CANTON ... Messrs. Koehler & Go., Shameen .
MACAO ... Mr. .A. A. de Mello, 22, Praca Lobo d’Avila
SAIGON ... Compagnie de Commerce et de Navigation d’Extreme Orient
SINGAPORE AND 'Advertising & Publicity Bureau, Ltd;, Publicity House,
BRITISH MALAYA [ 144, Robinson Road, Singapore
THE PHILIPPINES: Hanson, Orth &.Stevenson, Inc., Chaco Building, Manila
HONG KONG:
HONGKONG DAILY PRESS, LIMITED
MARINA HOUSE, 15-19, QUEEN’S ROAD CENTRAL.
HONG KONG STORM SIGNAL CODES
1
| Storm Warnings are issued by the Royal Observatory, Hongkong', by r f Local and Non-Local Storm
♦Signal Codes. The Local Code is as follows:
Recommended for use in the Far East at a Conference of Directors of. Far Eastern Weather Services, held a
Hongkong in the year 1930.
Adopted at Hongkong from March 1, 1931.
Signal. Symbol. DAY SIGNALS Meaning.
A depression or typhoon exists which may possibly affect the locality.
Strong wind with squalls may possibly occur from the S.W. (S-W).
Strong wind with squalls may possibly occur from the S.E. (E-S).
.Typhoon dangerous but danger to locality not imminent.
5 — Gale expected from the h'.W. (W-N).
6 — Gale expected from the S.W. (S-W).
Gale expected from the N.E. (N-E).
Gale expected from the S.E. (E-S).
Gale expected to increase.
10 — Wind of typhoon force expected (any direction).
Signal No. 4 will be used ini the Philippines, but not at Hongkong, the information it conveys being give)given by the
Non-Local Signals.
Signals 5 to 8 are not hoisted until
will occur at Hongkong or Gap Rock, (
the occurrence of a gale is by no means cersam.
If, with one of signals 5 to 8 hoisted, conditions indicate that the wind will not only increase but attain hurricane
force, signal No. 9 may be dispensed with, thus giving the longest possible warning of destructive winds.
Signal No. IQ will be accompanied by three explosive bombs, fired at intervals of 10 seconds at the W'ater
Police Station and repeated at the Harbour Office.
When the centre of a typhoon passes over the locality the wind decreases rapidly to a calm, or nearly calm,
and blows violently from the opposite direction when the centre has passed.
The signal will be lowered when it is considered that all danger is over.
The Day Signals will be displayed on the Radio mast at the, Royal Observatory, at the Harbour Office, H.M.S. ;
Tamar, Green Island, Hongkong & Kowloon Wharf & Godown Co,, the Standard-yacuum Oil Co. at Lai-chi-kok, the
flagstaff near the Field Officer’s Quarters at Lyenaun, Gough Hill Police Station and Taipo-(District Officer’s flagstaff)
NIGHT SIGNALS (Lamps)
1 2 9 10
WHITE WHITE GREEN WHITE WHITE GREEN GREiEN WHITE GREEN RED
WHITE GREEN WHITE WHITE GREEN WHITE GREEN WHITE GREEN GREEN
WHITE WHITE GREEN RED GREEN WRITE WHITE GREEN GREEN RED
. The Night Signals will
... be displayed,, i-t sunset, on the Radio mast ;ory, .con the tower o
the Royal Observatory,
the Railway Station, H.M.S. Tamar, the Hal . Office, on the flagstaff near the Field OfBoef’s Quarters a
Lyemun, Kowloon City Police Station, and at Igh Hill’Police Station. , They will have the same signification
as the day signals.
Signal No. 10 will be accompanied by explosive bombs as above, in the f the information c
by this signal being first published at night.
SUPPLEMENTARY WARNINGS
When Local Signals are displayed in the Harbour, signals will be displayed as follows:
When No. 1 Signal is displayed in the Harbour.
Black T by day.
2 Red Lights vertical by night
When Signals Nos. 6 to 10 are displayed in the Harbour.
Black Cone by day.
2 Green Lights vertical by night.
These Signals will be displayed at the following Stations:
Aberdeen" I| iGap Rock I Stanley | Saikung j Tsun Wan,an
Cheung Chow 1
™~ 1 Shan
| Ping ikiwan | Shataukok | Tai O | Waglan
Further details can always be give o ocean vessels, on demand, by signal f n Lighthouses, or by wireless '
The object of the code is to give at least ?4 hours warning of a gale (Forte 8 by Beaufort Scale, or 40-45
m.p.h., mean velocity by Dines Anemometer) and also warnings of expected changes in the direction and force
of the wind. Owing however to the uncertain movements of typhoons and to insufficient telegraphic observations, ■
it will occasionally happen that signals 8 to 8 may be displayed without a gale occurring at Hongkong, or even
Gap Rock, but the reverse is not likely to happen, except in the case of typhoons forming in the vicinity and
travelling rapidly towards Hongkong, or should the direction of motion of a located typhoon alter, or its rate •
of progression increase, abnormally.
Signal No. 1 is intended as a warning to “ Stand By” and watch for the next signal. When it is hoisted after
one of Nos. 5 to 8 has been displayed it will mean that, on account of a change in the track of the typhoon, or
tor some other reason, a gale is no longer expected from the direction indicated by the last signal, and that
another black signal may possibly be hoisted later.
NON-LOCAL SIGNALS
The Non-Local Code of Storm Signals gives the latitude and longitude of the storm oentre, its direction of
imotion, and a signal indicating the degree of accuracy with which it is believed the position of the centre has
been located. A signal giving the time at which the warning was issued is hoisted at the mast-head.
Copies of the code may be obtained on application to the Observatory.
BANKS XI
Hongkong anti Shanghai Banking Corporation.
AUTHORISED CAPITAL $50,000,000
ISSUED AND FULLY PAID-UP $20,000,000
RESERVE FUNDS:
STERLING £6,500,000
HONGKONG CURRENCY RESERVE $10,000,000
RESERVE LIABILITY OF PROPRIETORS .$20,000,000
HEAD OFFICE: HONG KONG
BOARD OF DIRECTORS:
T. E. PEARCE, ESQ., Chairman
PATERSON, Deputy Chairman
HON. ME. J. J.
J. K. BOUSFIELD, ESQ. G. MISKIN, ESQ.
A. H. COMPTON, ESQ. K. S. MORRISON, ESQ.
HON. ME. S. H. DODWELL HON. ME. A. L. SHIELDS
W. H. LOCK, ESQ. H. Y. WILKINSON, ESQ.
SIE YANDELEUR M. GRAYBURN, Chief Manager
BRANCHES:
AMOY HONGKEW PEIPING
BANGKOK ILOILO PENANG
BATAVIA IPOH RANGOON
BOMBAY JOHORE SAIGON
CALCUTTA KOBE SAN FRANCISCO
CANTON KOWLOON SHANGHAI
CHEFOO KUALA LUMPUR SINGAPORE
COLOMBO LONDON SOURABAYA
DAIREN LYONS SUNGEIPATANI
FOOCHOW MALACCA SWATOW
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
i lorvox^OTVo
CCERENT Accounts opened in Local Currency and Fixed Deposits received for
one year or shorter periods in Local and other Currencies on terms which will be
quoted on application.
ALSO up-to-date SAFE DEPOSIT BOXES in various sizes TO LET.
V. M. GRAYBURN,
HONGKONG, 1ST JANUARY, 1939. Chief Manager.
XII BANKS
The
Chartered Bank of India, Australia and China.
Head Office: 38, BISHOPSGATE, LONDON
Manchester Branch: 71, MOSLEY STREET
INCORPORATED BY ROYAL CHARTER 1853
CAPITAL, in 600,000 Shares of £5 Each £3,000,000
RESERVE FUND ... £3,000,000
Court of Directors
ARTHUR D’ANYERS WILLIS, ESQ., EDWARD FAIRBAIRN MACKAY, ESQ.
Chairman SIB HENRY PELHAM WENTWORTH
COLIN FREDERICK CAMPBELL, ESQ. MACNAGHTEN
SIB WM. H. NEVILLE GOSCHEN, KT.,K.B.E.
SIR WM. FOOT MITCHELL
MOSES MORDECAI SIMEON GUBBAY,
ESQ., C.S.I., C.I.E. ARCHIBALD ROSE, ESQ-, C.I.E.
THE EARL OF 1NCHCAPK JASPER BERTRAM YOUNG, ESQ.
Ctiief 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
AIOB STAB (Malay States) DELHI KOBE SAIGON .
AMRITSAR HAIPHONG KUALA LUMPUR SEREMBAN
SHANGHAI
BANGKOK HAMBURG KUCHING
SINGAPORE
BATAVIA HANKOW MADRAS
BOMBAY
SITIAWAN (F.M.S.)
HARBIN MANILA
SQURABAYA
CALCUTTA HONGKONG MEDAN
TAIPING (F.M.S.)
CANTON ■ , ILOILO NEW YORK
TIENTSIN
CAWNPORE IPOH PEIPING (Peking) . TONGKAH (Bhuket)
CEBU KARACHI PENANG TSINGTAO
COLOMBO KLANG RANGOON YOKOHAMA
Correspondents in the Chief Commercial places throughout the world.
3, QUEEN’S ROAD, HONGKONG, 1939. R. A. CAIVSIDGE, Manager.
BANKS XIII
THE
MERCANTILE RANK
&r OF INDIA, LIMITED.
Authorised Capital .£3,000,000
Subscribed Capital .£1,800,000
Paid-up Capital £11,050,000
Reserve Fund and Rest £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, 1939. Manager.
XIV BANKS
HONGKONG SAYINGS BANK
)»«(
The Business of the above Bank is conducted by the
HONGKONG AND SHANGHAI BANKING CORPORATION
Buies may be obtained on application.
INTEREST on Deposits is allowed at 2£ PER CENT. Per Annum
on the minimum monthly balances.
Depositors may transfer at their option balances of $100 or more to the HONGKONG
AND SHANGHAI BINK, to be placed on FIXED DEPOSIT at current rates.
For the HONGKONG AND SHANGHAI BANKING CORPORATION,
V. M. GRAYBURN,
HONGKONG, IST JANUARY, 1939 . Chief Manager.
TKis Directory is used ih.T'ozzffh.OTzt
tfie ,MrQ-rld by those interested in
Far Eastern Trade.
IT IS AN IDEAL
ADVERTISING
MEDIUM
FOR YOU
Full'.particulars and rates can be obtained from our Agents
throughout the world, or from the Publishers:
HONGKONG DAILY PRESS, LTD.
Marina House, 15-19, Queen’s Road Central.
LONDON OFFICE: 53, Fleet Street, E.C.4.
CEMENT MANUFACTURERS xv
INDO-CHINA POMUD CEMENT CO., LTD.
Telephones Tefegraphtc
Addrew:
Nos. 66
& 328. «C!S»©f?TIN
HAIPHONG.”
Eng lUH.
French
A.B.C. Code A.Z. Code
Sth, 6fb8 7*h 3rd, Edition ,
Editions, Cogef
BenlleyV
North Chi South China:
RACINE &
JOHN MANNERS
Philippine
A Co.v Ltd.
U*landv:
SMITH, BELL & Singapore:
Co., Ltd.
HAGEMEYER
TRAOlMGCo.,
Ltd.
Le/ Juccejjzur/
de E. C. MONOD Netherlands
A Co. India:
DE/COUR/
A
INTERNATIONALE
CABAUD. CREDIET H.V.
USE DRAGON BRAND
FOR HIGH-CLASS, SOLID AND ENDURING CONSTRUCTION
WEIGHTS AND MEASURES
In China, Standards of Weights, Measures and Length vary all over the
country. Generally speaking, two kinds of standard are now in use, namely,
the old and the new. The old standard was formulated from the Weights and
Measures Law promulgated in 1914, establishing a double system! the standard
metric unit and that based on Ymq I'sao Ch’ih or “Builder’s Foot’’for length and
; Kuping. tael or Lianq for weight. The law governing the new; standard was
promulgated by the National Government on February 6, 1929 and it is intended
I 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 Knng Ch’ih as one Sh’ih 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 litney
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 shoeing both the old
and the new standards together with their approximateioreign equivalents :
WEIGHTS—OLD STANDARD
10 Wei — 1 Hu 100-Chin = 1 T.u
g 10 IlU : 1 Ssu
f 10 Ssu — 1 Hao
i 10 Hao — 1 Li =; 60.47890-Kilog-ran i n
| 10 .Li . , et.-i; Ken, or Candareen
f 10 Fen = 1 CJiieri, or Mace 200 Chin = 1 Ying
NEW STANDARD
METRIC STANDARD
| 1 Kurigtsu — 1'Milligramme 10 Kung Fen — 1 Kung Chien 10 Kung Chin — lKung .H«u
10 Kung Ssu 1 Kung Hao j = 1 Decagramme = IMyiiagraut
: i Centigramme i
1C Kung Hao -- l Kung Li 10 Kung Chien — 1 Kung Liang 10 Kung Heng =: 1 Kung
— 1 Decigramme j = 1 Hectogramme ■ “ LQumtpi
| 10 Kung Li. = 1 Kung Fen 10 Kung Shih —Kttng Tun*
i • • ■" •’ •' •=? l-Ohunme 1 Toiine
MARKET STANDARD
; l'i Shih Ssu — 1 Shih Hao 10 Shih Chien = 1 Shih Liang 16 Shih Li^ng — 500 Grammes !
• 10 Shih Hao = 1 Shih Li 31J Grammes- —• 13 Liang & 4 Chien
10 Shih Li = 1 Shih Fen 16 Shih Liang — 1 Shih Chin (Kuping Weight)
l 10 Shih Fen = 1 Shih Chien iKyng.Chin 100 Shih Chin = 1 Shih Tan
CAPACITY - OLD STANDARD
10 Ho — 1 Sheng j . 10 Sheng £!& Toin
I 5 Tou — 1 Hu
1.09416 Liquid quarts I 2 Hu
WEIGHTS AND MEASttR.ES— Continued
NEW STANDARD
METRIC STANDARD
IKung Ts’o = 1 Millilitre I 10 Kung Ho — 1 Rung Sheng 10 Rung Tou .E= 1 Rung Shih
=lga»r "'r” = 1 Hectolitre
Rung Shao — 1 Rung Ho 10 Kun
S Shen
g = 1 Rune Tou 10 Rung Shih = 1 Rung Ping
1 Decilitre I =1 Decalitre 1 Rilolitre
MARKET STANDARD
i Ho =r 1 Shih Sheng I ,A T
rrr 1 Rung Sheug 10 Shih Sheng = 1 Shih Tou
— 0..966 Sheng (old.stand.) | | 10 Shih Tou — 1 Shih Shih
LENGTH OLD STANDARD
= 1 Ts’un (or inch) 10 Ts’un = 0.35814 Metres 1 10 Chang— 1 Ying
= 1.41 English inches 5 C'h’ih == 1 Pu or 1 Rung 18 Ying = 1 Li
= 35.814 Millimetres 2 Pu =1 Chang
in = 1 Ch’ih (or foot) — 11 feet & 9 ins. (Eng.) = 1/3 English Mile
— 14.4 English inches = 3.5814 Metres | — 576 Metres
NEW STANDARD
METRIC STANDARD
1 Rung Li Millimetre = 1 Rung Ch’ih | 10'Rung Chang — 1 Rung Ying
10 Rung Li Rung Fen = 1 Metre ' — ,1 Hectometre
, ,== 1 Centimetre
10 Rung Fen 1 Rung Ts’hn — 1 Rung Chang 10 Rung Ying == 1 Rung Li
Decimetre = 1,Decametre | =1 kilometre
MARKET STANDARD
10 Shih Hao = 1 Shih Li
10 Shih Li =1 Shih Fen
10 Shih Fen — 1 Shih Ts’un — 1.4 Ch’ih (old standard) I 15 Shih Ying 1 Shih Li
AREA—OLD STANDARD
If0 Sq. Fen — 1 Sq. Ts’un == 1 Mow
100 Sq. Ts’un — 1 Sq. Ch’ih —- 1/6 English a<
25 Sq. Ch’ih — 1 Sq. Pu or 10 Hao - 2= 1 Li — 240 Sq. Pu
— 1 Sq. Rung = 1 Ch’ing
100 Sq. Ch’ih — 1 Sq. Chang — 1 Sq. Li
NEW STANDARD
METRIC STANDARD
1 Rung Li =1 Centiare 10 Rung Fen —- 1 Rung Mow
10 Rung Li —.1 Rung Fen — 1 Are
100 Sq. Rung Ch’ihj
MARKET STANDARD
100 Shih Mow 1 Shih Ch’ing
MVS ADVERTISEMENT
If you are interested in
advertising your goods
in the Far East
The
Hong Kong Daily Press
(Established 1867)
OFFERS YOU TJIE MOST ECONOMICAL
METHOD OF REACHING THE
BEST MARKET
Write for specimens & advertising rates.
MARINA HOUSE, 15-19, QUEEN’S RD. LONDON OFFICE:
CENTRAL. HONG KONG. ® 53. FLEET STREET, E C. 4.
ADDENDA
The following arrived too late for classification.
Duplicate copies of these entries are to he found in the
pocket inside the hack cover.
Get your clerk to cut them out and paste them in the
correct places.
On Page 335 On Page A69
CHOSEN INDUSTRIAL BANK, THE—Head
Office: Keijo; Cable Ad: Shokugin
ff # i# S£ m
Branches: Fusan, Moppo, Gunsan, Tung-ya-lm-fei-yang-hang
Taikyu, Koshu, Jinsen, Heijo, ORIENTAL COFFEE CO. (Established 1928),
Chinnampo, Shingishu, Gensan, etc.; Importers, Wholesalers & Retailers of
Totalling 65 Branches Throughout Coffee—18, W. Wilson Street, Corner of
Chosen; Also Branches at Osaka and Wusih Road : Teleph. 32444 : Cable Ad:
Office in Tokyo Spiridis
President—S. Hay ash i E. C. Spiridis, signs per pro.
Vice-President—Y. Watanabe O. V. Spiridis
Directors—R. Kaneko, S. Yamaguchi, Wang Ling Yun
B. Tominaga and H. Matsui Miss Helene Brill
Auditors—K. Hara, T. Shin and K.
Nakatomi SHANGHAI
PEIPING
On Page A182
On Page A24
M I 3 S
a a K w is a
Mow Loohg
Hai-ching-hung-ch’ang
CAMERON & Co. (CHINA), LTD., A.,
ENGINEERING PRACTICE, INC., Heating,
General Import Merchants—Hongkong
Plumbing, Electric Installation, Build-
& Shanghai Bank Building, 12, The
ing Construction, Manufacturers of Bund, 1st Floor; Teleph. 15118; P.O.
Boilers, Radiators and Hospital Sup- Box 260; Cable Ad: Ingots; Codes:
plies—11, Fang Chia Hutung, Anting-
men Nei; Teleph. 3981 East Bentley’s and Acme
H. R. Harling, managing director
W. K. Tsu, mgr. W. M. Chalmers I Mrs. J. F. da Silva
C. C. Steinbeck, treasurer W. L. Lee | Miss A. Remedios
S. M. Dean, engineering adviser
S. K. Chang, Chinese secretary Agencies:
S. F. Kwan, business manager Consolidated Mining and Smelting Co.
of Canada, Ltd., Montreal. (Pig
On Page Al9 Lead, Spelter and Chemical
YOUNG WOMEN’S CHRISTIAN ASSOCIATION Fertilizers)
(Chinese)—18, Hsi Tang Tze Hutung Hudson Bay Mining & Smelting Co.,
Executive Committee — Mrs. S. T. Ltd., New York (Zinc)
Kwan, Mrs. T. C. Shen, Mrs. C. C. Societe Commerciale des Usines
Lin, Mrs. S. J. Chuan and Miss Gustave Boel, La Louviere, Bel-
Helen Scott gium (Metals)
Secretaries—Miss Lelia M. Hinkley, The South Wales Tinplate Corpn.,
Miss Sung I Te, Miss Sun Yun Fang, Ltd., London (Tinplates)
Miss Helen Ray and Miss Sun Pang Union Mini&re du Haut Katanga,
Ryoen Brussels (Cobalt Oxide)
ADDENDA (CHUNGKING—CANTON—HONG KONG—CEBIT—
XX SARAWAK—BRUNEI)
CHUNGKING HONG KONG
On Page A381 On Page A559
PHILIPPIDIS
n m
BROS. CO., LTD., General
“CHINA TIMES”,THE—52, Hollywood Road;
Telephs. 32638 & 27404; Cable Ads:
Import and Export Merchants—Cable Chinatimes & 8867
Ad: Philippidi; Codes: A.B.C. 5th edn.
and Bentley’s
Ph. M. Philippidis, manager CEBU
C. M. Philippidis, manager for Home
Office at Paphos, Cyprus On Page D75
Lucas A. Michael
PUBLIC LIBRARY
CANTON Librarian—Flavia S. Muana
On Page A444
SARAWAK
ft JHJ Tung Wo
SPALINGER & Co., S.A., U., Silk Mer-
On Page D84
chants, General Exporters and Impor-
ters, General Machinery, Mechanical FOREST DEPARTMENT
and Electric—Teleph. 10814 ; Cable Ad: SeniorForestOtficer—T. Corson, B.sc. (For.)
Spalinger, Shameen Divisional Forest Officers—D. B. Stewart,
U. Spalinger, director B. sc. (For.) and T. E. Walter, B. sc. (For.)
A. Hoffmeister, do. Assistant Forest Officers—D. Carroll, F. J.
M. Gavin, signs per pro. Wright and H. P. Buxton
E. Lulauf
General Agents :
Baloise Fire Insurance Co., Basle BRUNEI
Agents:
“Helvetia” Swiss Fire Insurance Co.,
St. Gall, Switzerland On Page D100
Machinery Agents : SANITARY BOARD
Ateliers de Construction Oerlikon, Chairman—F. Y. Murdock
Turbines & Turbo Generators, Members—Dr. O. E. Fisher, W. Dawson,
Electric Machines S. H. Simson, Inche Ibrahim bin
Escher Wyss Engineering Works, Mohamad Jahfar, Pangiran Shahbandar,
Ltd., Hydro-Electric & Steam Plants Capitan Oug Boon Pang and Awang
Appareillage Gardy S.A., Electric Yusoff bin Jawatan Dalam
Installation Material Secretary--Chua Low Lee
Landis & Gyr, Electric Meters Sanitary Inspectors—Shim Fook Mui and
Swiss Car & Elevator Manufac- Pangiran Kamis
turing Corpn., Ltd.
Swiss Locomotive and Machine Works
Establissements Benninger S. A., On Page 100
Textile Machinery SANITARY BOARD (BELAIT)
Adolphe Saurer, Ltd., Textile Chairman — Assistant Resident, Brunei
Machinery and Diesel Busses (E. C. G. Barrett, M.C.S.)
Y. Ammann A.G., Road Making Members—Health Officer, Brunei (O. E.
Machinery Fisher), Health Officer, Belait (G.
Kern & Co., Optical Instruments Rogers), District Officer, Belait (Pehin
Correspondents of: Dato Shahbandar), State Engineer,
Sulzer Bros., Winterthur, Marine & Brunei (F. V. Murdock), Chief Police
Stationery Diesel Pumping Sta- Officer, Brunei (W. Dawson), J. B. Kay
tions, Ice-Making and Air-Cooling and Yap Shak Chung
Plants Sanitary Inspector—Leong Chung Fah
TF YOU ARE INTERESTED IN ADVERTISING
1
YOUR GOODS IN HONG KONG
Pong Pong gai(i) Jross
(Established 18S7)
OFFERS YOU THE MOST ECONOMICAL
METHOD OF REACHING THE BEST MARKET.
Write for specimens and advertising rates.
Marina Home, 15-19, Queen's London Office:
55
Road C., Hong Kong. > Fleet Street, E.O. i.
TREATIES
SPORTS
LAWN TENNIS
IF YOU WISH TO MAKE A GOOD IMPRESSION
CONSULT
The
Hong Kong Daily Press, Ltd.,
MARINA HOUSE, 15-19, Queen’s Road C.
and
Have Your Visiting Cards Engraved on
Copperplate.
Have Dies made for your office Letterheads.
Have Dies made for the address on your
Private Notepaper.
•
Stocks of Stationery and Envelopes, etc. on hand.
%
All this work carefully and promptly executed
under expert supervision — reasonable prices.
TREATIES, CODES, &c.
.3& ,23000 ,23ITA3HI
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 shall be enlarged under lease to the extent
indicated generally on the annexed map.
The exact boundaries shall be hereafter fixed when proper surveys have been
made by officials appointed by the two Governments. The term of this lease shall
be ninety-nine years.
It is at the same time agreed that within the City of Kowloon the Chinese
officials now stationed there shall continue to exercise jurisdiction, except so far as
may be inconsistent with the military requirements for the defence of Hongkong.
Within the remainder of the newly-leased territory Great Britain shall have sole
jurisdiction. Chinese officials and people shall be allowed, as heretofore, to use the
road from Kowloon to Hsinan.
It is further agreed that the existing landing-place near Kowloon city shall be
reserved for the convenience of Chinese men-of-war, merchant and passengers vessels,
which may come and go and lie there at their pleasure; and for the convenience of
movements of the officials and people within the city.
When, hereafter, China constructs a railway to the boundary of the Kowloon
territory under British control, arrangements shall be discussed.
It is further understood that there will be no expropriation or expulsion of the
inhabitants of the district included within the extension, and that if land is required
for public offices, fortifications, or the like official purposes, it shall be bought at
a fair price.
If cases of extradition of criminals occur they shall be dealt with in accordance
with the existing treaties between Great Britain and China and the Hongkong
Regulations.
The area leased by Great Britain includes the waters of Mirs Bay and Deep
Bay, but it is agreed that Chinese vessels of war, whether neutral or otherwise,
shall retain the right to use those waters.
This Convention shall come into force on the first day of July, eighteen hundred
and ninety-eight, being the thirteenth day of the fifth moon of the twenty-fourth year
of Kwang Hsii. It shall be ratified by the Sovereigns of the two countries, and the
ratifications shall be exchanged in London as soon as possible.
In witness whereof the undersigned, duly authorised thereto by their respective
Governments, have signed the present agreement.
Done at Peking in quadruplicate (four copies in English and in Chinese) the
linth day of June, in the year of Our Lord eighteen hundred and ninety-eight, being
the twenty-first day of the fourth moon of the twenty-fourth year of Kwang Hsii.
CLAUDE M. MACDONALD.
LI HUNG-CHANG ) Members of
Hsu TING K’UEI 5 Tsung-li Yamen.
1
SUPPLEMENTARY COMMERCIAL TREATY WITH CHINA
SIGNED AT SHANGHAI, 5TH SEPTEMBER, 1902
R.atificatioti* Exchanged at Peking, 28th July, 1908
His Majesty the King of the United Kingdom of Great Britain and Ireland and of
the Rritish Dominions, beyond the Seas, Emperor of India, and His Majesty the Em-
peror of China, having lesolved to enter into negotiations with a view to carrying out
the provisions contained in Article XI. of the Final Protocol signed at Peking on the
7th of September, 1901, under which the Chinese Government agreed to negotiate the
amendments deemed useful by the Foreign Governments to the Treaties of Commerce
and Navigation and other subjects concerning commercial relations with the object of
facilitating them, have for that purpose named as their Plenipotentiaries, that is to
say:—
His Majesty the King of Great Britain and Ireland, His Majesty’s Special Com-
missioner,; Sir James Lyle Mackay, Knight Commander of the Most Eminent Order of
the Indian Empire, a member of the Council of the Secretary of State for India, etc.
And His Majesty the Emperor of China, the Imperial Commissioners Eli Hai-huan,
President of the Board of Public Works, etc., and Sheng Hsuan-huai, Junior Guardian
of the Heir Apparent, Senior Vice-President of the Board of Public Works, etc.
Who having: communicated to each other their respective full pAwers, 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 ot
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
• oresent and future.
THE BRITISH COMMERCIAL TREATY VITH CHINA
It being, moreover, of the utmost importance that all shareholders in a Joint Stock
Company should stand on a footing of perfect equality as far as: mutual obligations
are concerned, China further agrees that, Chinese subjects whb have or may become,
shareholders in any British Joint Stock Company shall be held to have accepted, by
the very act of becortiing shareholders, the Charter of Incorporation or Memorandtim
and Articles of Association of such Company and regulations framed thereunder as
interpreted by British Courts, and that Chinese Courts shall enforce cbtopliance 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 thah that of British shareholders in
the same Cbmpany.
Similarly the' British Grovernment agree that British subjects investing in
Chinese Companies shalh be under the same oMigaftions aS the Chinese shareholders
m shell 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 tvyp
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 affec* the
interests of the population of the provinces of Szeehuen, Hunan, and Hupeh. It is,
therefore, mutually agreed that until improvements can be carried out steamship
owners shall be allowed, subject to approval by the Imperial Maritime Customs, to
erect, at their own expense, appliances for hauling through the rapids. Such
appliances shall be at the disposal of all vessels, both steamers and junks, subject to
regulations to be drawn up by the Imperial Maritime Customs. These appliances
shall not obstruct the waterway or interfere with the free passage of junks. Signal
stations and channel marks where and when necessary shall be erected by the
Imperial Maritime Customs. Should any practical scheme be presented for improv-
ing the waterway and assisting navigation without injury to .the local population or
cost to the Chinese Government, it shall be considered by the latter in a friendly
spirit.
Art. VJ.—The Chinese Government, agree to make arrangements to. give increased-
facilities at the open ports for bonding and for repacking merchandise in bond, and,
on official representation being made by the British Authorities, to grant the privi-
leges iof , a bonded warehouse to any warehouse which, to the satisfaction ,of the-
Customs Authorities, affords the necessary security to the revenue.
Such warehouses will be subject to regulations, including a scale of fees according
to commodities, distance from Custom-house and hours of working, to be drawn up-
by the Customs Authorities who will meet.the convenience of merchants,so far as is
compatible with the protection of the revenue.
Art. VII.—Inasmuch as the British Government affords protection to Chinese
trade marks against infringement, imitation, or colourable imitation by British
subjects, the Chinese Government undertake to afford protection to British trade
marks against infringement, imitation, or colourable imitation by Chinese subjects.
The Chinese Government further undertake that the Superintendents of Northern
and of Southern trade shall establish offices within their respective jurisdictions under
control of the Imperial Maritime Customs where foreign trade marks may be
registered on pay ment, of a reasonable fee.
Art. VIII.—Preamble. The Chinese Government, recognising that the system
of levying lekin and other dues on goods at the, place of production, in transit, and at
THE BRITISH COMMERCIAL TREATY WITH CHINA
destination, impedes the tree cii'cniation of commodities and injures the interests of
trade, hereby undertake to discard completely those means of raising revenue with
the limitation mentioned in Section 8.
The British Government, in return, consent to allow a surtax, in excess of the
Tariff rates for the time being in force, to be imposed on foreign goods imported by
British subjects, and a surtax In addition to the export duty on Chinese produce
destined for export abroad or coastwise.
It is clearly understood that after lekin barriers and other stations for taxing
goods in transit have been removed, no attempt shall be made to revive them in any
form or under any pretext whatsoever; that in no case shah the sui'tax 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 foi-eign
imports, whether in the hands of Chinese or non-Chinese subjects, in original packages
or otherwise, complete immunity from all other taxation, examination or delay ; that
the total amount of taxation leviable on native produce for export abroad shall, under
no circumstances, exceed 7| per cent, ad valorem.
Keeping these fundamental principles steadily in view, the high contracting
parties have agreed upon the following methods of procedure:—
Section 1.—The Chinese Government undertake that all barriers of whatsoever
kind, collecting lekin or such like dues or duties, shall be permanently abolished on all
roads, railways, and waterways in the Eighteen Provinces of China and the Three
Eastern Provinces. This provision does not apply to the Native Custom-houses at
present in existence on the seaboard or waterways, at open ports, on land routes, and
on land frontiers of China.
Section 2.—The British Government agree that foreign goods on importation, in
addition to the effective 5 per cent, import duty as provided for in the Protocol of 1901,
shall pay a special surtax equivalent to one and a half times the said duty to com-
pensate for the abolition of lekin, of transit dues in lieu of lekin, and of all other
taxation on foreign goods, and in consideration of the other reforms provided for in
this Article; but this provision shall not impair the right of China to tax salt, native
opium and native produce as provided for in Sections 8, 5, 6 and 8.
The same amount of surtax shall be levied on goods imported into the Eighteen
Provinces of China and the Three Eastern Provinces across the land frontiers as on
goods entering China by sea.
Section 3.—All Native Custom-houses now existing, whether at the Open Ports,
on the seaboard, on rivers, inland waterways, land routes or land frontiers, as
enumerated in the Hu Pu and Kung Pu Tse Li (Regulations of the Boards of Revenue
and Works) and Ta Ch’ing Hui Tien (Dynastic Institutes), may remain; a list of the
same, with their location, shall be furnished to the British Government, for purposes
of record.
Wherever there are Imperial Maritime Custom-houses, or wherever such may
be hereafter placed, Native Custom-houses may be also established ; as well as at any
points either on the seaboard or land frontiers.
The location of Native Custom-houses in the Interior may be changed as the
circumstances of trade seem to require, but any change must be communicated to the
British Government, so that the list may be corrected; the originally stated number
of them shall not, however, be exceeded.
Goods carried by junks or sailing-vessels trading to or from open ports shall not
pay lower duties than the combined duties and surtax on similar cargo carried by
steamers.
Native produce, when transported from one place to another in the interior, shall,
on arrival at the first Native Custom-house, after leaving the place of production, pay
duty equivalent to the export surtax mentioned in Section 7.
When this duty has been paid, a certificate shall be given which shall describe the
nature of the goods, weight, number of packages, etc., amount of duty paid and
intended destination. This certificate, which shall be valid for a fixed period of not
THE BRITISH COMMERCIAL TREATY WITH CHINA
less than one year from date of payment of duty, shall free the goods from all taxation,
examination, delay, or stoppage at any other Native Custom-houses passed en route.
If the goods are taken to a place not in the foreign settlements or concessions of an
open port, for local use, they become there liable to the Consumption Tax described
in Section 8.
If the goods are shipped from an open port, tnelcertlficate 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 ’evy, as at present, tonnage (Chuan, Chao) and port dues (Chuan Liao) on
junks.
Section 4.—Foreign opium duty and present lekin—which latter will now become
a surtax in lieu of lekin—shall remain as provided fbf by existing Treaties.
Section 5.—The British Government have ilo intention whatever of interfering
with China’s fight to tax native opium, but it is essential to declare that, in her
arrangements for levying such taxation, China will not subject other goods to taxation,
delay, or stoppage.
China is free to retain ai important points, pn the borders' of each'province—either
on land or water—offices for collecting duty on native opium, where duties or contribu-
tions leviable shall be paid in one lump sum ; which payment shall cover taxation of all
kinds within that province. Each cake of opium will have a stamp affixed as evidence
of duty payment. Excise officers and police may be employed in connection with these
offices ; but no barriers or other obstructions are to be erected, and the excise officers
or police of these offices shall not stop or molest any other kinds of goods, or collect
taxes thereon.
A list of these offices shall be drawn up and communicated to the British Govern-
ment for record.
Section 6.—Lekin on salt is hereby abolished and the amount of said lekin and of
other taxes and contributions shall be added to the salt duty, which shall be collected
at place of production or at first station after entering the province where it is to be
'Consumed.
The Chinese Government shall be at liberty to establish salt reporting offices at
which boats conveying salt which is being moved under salt passes or certificates may
be required to stop for purposes of examination and to have their certificates vised,
but at such offices no lekin or transit taxation shall be levied and no barriers or
obstructions of any kind shall be erected.
Section 7.—The Chinese Government may re-cast the Export Tariff with specific
duties as far as practicable on a scale not exceeding five per cent, ad valorem; but
existing export duties shall not be raised until at least six months’ notice has been
given.
In cases where existing export duties are above five per cent, they shall be
reduced to not more than that rate.
An additional special surtax of one half the export duty payable for the time
being, in lieu of internal taxation and lekin, may be levied at time of export on goods
exported either to foreign countries or coastwise.
In the case of silk, whether hand or filature reeled, the total export duty shall not
exceed a specific rate equivalent to not more than five per cent, ad valorem. Half of
this specific duty may be levied at the first Native Custom-house in the interior which
the silk may pass and in such case a certificate shall be given as provided for in Section
3, and will be accepted by the Custom-house concerned at place of export in lieu of
half the export duty. Cocoons passing Native Custom-houses shall be liable to no
faxatiqn whatever. Silk not exported but consumed in China is liable to the Con-
sumption Tax mentioned in Section 8.
Section 8.—The abolition of the lekin system in China and the abandonment of all
other kinds of internal taxation on foreign imports and on exports will diminish the
revenue materially. The surtax on foreign imports and exports and on coastwise
exports is intended to compensate in a measure for this loss of revenue, but there
THE BEITISH C0MMEKC1AL TREATY WITH CHINA
remains the loss of lekin revenue on internal trade to be met, and it is therefore agreed
that the Chinese Q-overnment are at liberty to impose a Consumption Tax on articles
of Chinese origin not intended for export.
This tax shall be levied only at places of consumption and not on goods while in
transit, and the Chinese G-overnment solemnly undertake that the arrangements which
they may make for its collection shall in no way interfere with foreign goods or with
native goods for export. The fact of goods being of foreign origin shall of itself free
them from all taxation, delay, or stoppage, after having passed the Custom-house.
Foreign goods which bear a similarity to native goods shall be furnished by the
Custom-house, if required by the owner, with a protective certificate for each package,
on payment of import duty and surtax, to prevent the risk of any dispute in the
interior.
Native goods brought by junks to open ports, if intended for local consumption—
irrespective of the nationality of the owner of the goods—shall be reported at the
Native Custom-house only, where the consumption tax may be levied.
China is at liberty to fix the amount of this (consumption) tax, which may vary
according to the nature of the merchandise concerned, that is to say. according as the
articles are necessaries of life or luxuries; but it shall be levied at a uniform rate on
goods of the same description, no matter whether carried by junk, sailing-vessel, pr
steamer. As mentioned in Section 3, the Consumption Tax is not to be levied within
foreign settlements or'concessions.
Section 9.—An excise equivalent to double the import duty as laid down in the
Protocol of 1901 is to be charged on all machine-made yarn and cloth manufactured in
China, whether by foreigners at the open ports or by Chinese anywhere in China.
A rebate of the import duty and two-thirds of the import surtax is to be given
on raw cotton imported from foreign countries, and of all duties, including Consump-
tion Tax, paid on Chinese* raw cotton used in mills in China.
Chinese machine-made yarn or cloth having paid excise is to be free of Export
Duty, Export Surtax, Coast Trade Duty, and Consumption Tax. Thus Mxcise is to be
collected through the Imperial Maritime Customs.
The same principle and procedure are to be applied to all other products" of foreign
type turned out by machinery, whether by foreigners at the open ports or by
Chinese anywhere in China. '
This stipulation is not to apply to the out-turn of the Hanyang and Ta Yeh Iron
Works in Hupeh and other similar existing Government Works at present exempt from
taxation; or to that of Arsenals^ Government Dockyards, or establishments of that
nature for Government purposes which may hereafter be erected.
Section 10.—A member or members of the Imperial Maritime Customs Foreign
(Staff shall be selected by each of the Governors-General and Governors, and appointed,
in consultation with the Inspector-General of Imperial Maritime Custom's, to each, pro-
vince for duty in connection with Native Customs affairs, Consumption Tax, Salt and
Native Opium Taxes. These officers shall exercise ah efficient supervision of the work-
ing of these departments, and in. the event of their, reporting any case of abuse, illegal
■ exaction, obstruction to the movement of goods, or other cause of complaint, the
Governor-General or Governor concerned will take immediate steps to put an end to
. isame.
Section 11.—Cases where illegal action as described in this Article is complained of
shall be promptly investigated by an officer of the Chinese Government of sufficiently
high rank, in conjunction with a British officer and an officer of the Imperial Maritime
Customs, each of sufficient standing; and in the event of its hieing found by a majority
of the investigating officers that the complaint is well founded and loss has been
incurred, due compensation is to beat once paid from the Surtax funds, through the
Imperial Maritime Customs at the nearest open port. The High Provincial Officials
are to be held responsible that the officer guilty of the illegal action shall bq. severely
punished and removed from his post.
If the complaint turns out to be without foundation, complainant shall be held
responsible for the expenses of the investigation.
THE BRITISH COMMERCIAL TREATY WITH CHINA
His Britannic Majesty’s Minister will have the right to demand investigation
where from the evidence before him he is satisfied that illegal exactions or obstructions
have occurred.
Section 12.—The Chinese Government agree to open to foreign trade, on the same
footing as the places opened to foreign trade by the Treaties of Nanking and Tientsin,
the following places, namely:—
Changsha in Hunan;
Wanhsien in Szechuen;
N ganking in Anhui;
Waichow (Hui-chow) in Kwangtung; and
Kongmoon (Chiang-men) in Kwangtung.
Foreigners residing in these open ports are to observe the Municipal and Police
Regulations on the same footing as Chinese residents, and they are not to be entitled
to establish Municipalities and Police of their own within the limits of these Treaty
Ports except with the consent of the Chinese authorities.
If this Article does not come into operation the right to demand under it the
opening of these ports, with the exception of KongmOOn, which is provided for in
Article 10, shall lapse.
Section 13.—Subject to the provisions of Section 14, the arrangements provided
for in this Article are to come into force on 1st January, 1904.
By that date all lehin barriers shall be removed and officials employed in the
collection of taxes and dues prohibited by this Article shall be removed from their
posts.
Section 14.—The condition on which the Chinese Government enter into the
present engagement is that all Powers entitled to most favoured nation treatment in
China enter into the same engagements as Great Britain with regard to the payment
of surtaxes and other obligations imposed by this Ai'ticle on His Britannic Majesty’s
Government and subjects.
The conditions on which His Britannic Majesty’s Government enter into the
present engagement are: —
(1) That all Powers who are now or who may hereafter become entitled to most
favoured nation treatment in China enter into the same engagements;
(2) And that their assent is neither directly nor indirectly made dependent on the
granting by China of any political concession, or of any exclusive commercial concession.
Section 15.—Should the Powers entitled to most favoured nation treatment by
China have failed to agree to enter into the engagements undertaken by Great Britain
under this Article by the 1st January, 1904, then the provisions of the Article shall
only come into force when ail the Powers have signified their acceptance of these
engagements.
Section 16.—When the abolition of lehin and other forms of internal taxation on
goods as provided for in this Article has been decided upon and sanctioned, an Imperial
Edict shall be published in due form on yellow paper and circulated, setting forth the
abolition of all lekin taxation, lekin barriers and all descriptions of internal taxation on
goods, except as provided for in this Article.
The Edict shall state that the Provincial High Officials are responsible that any
official disregarding the letter or spirit of its injunction shall be severely punished and
removed from his post.
Art. IX.—The Chinese Government, recognising that it is advantageous for the
country to develop its mineral resources, and that it is desirable to attract Foreign as
well as Chinese capital to embark in mining enterprises, agree within one year from the
signing of this Treaty to initiate and conclude the revision of the existing Mininil
Regulations. China will, with all expedition and earnestness, go into the whole
question of Mining Rules and, selecting from the rules of Great Britain, India, and
other countries, regulations which seem applicable to the condition of China, she will
re-cast her present Mining Rules in such a way as while promoting the interests of
10 THE BRITISH COMMERCIAL TREATY WITH CHINA
Chinese, subjects and not injuring in any way the sovereign rights of China, shall offer
no impediment to tjie 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, Rave been found in some respects inconvenient
in working, it is now mutually agreed to amend them and to annex such new Rules
to this Treaty. These Rules shall remain in force until altered by mutual consent.
It is further agreed that Kongmoon shall be opened as a Treaty Port, and that, in
addition to the places named in the special Article of the Burmah Convention of 4th
February, 1897) British steamers shall be allowed to land, or ship cargo apd passengers,
under the same regulations as apply to the “ Ports of Call ” on the Yangtze River, at
the following “Ports of Call”: PakTau Hau (Pai-t‘u lrou),Lo Ting Hau (Lo-ting k'ou),
and Do Sing (Tou-clTeng); and to land or discharge passengers at the following ten
passenger landing stages on the West River:—Yung Ki (Jung-chi), Mah Xing (Ma-
ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Lik
(Houli), Luk Pu (Lu-pu), Yuet Sing (Yueh-ch'eng), Luk To (Lu-tu) andFungChuen
(Feng-ch‘uan).
Art. XI.—His Britannic Majesty’s Government agree to the prohibition of the
general importation of morphia info 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 referibd to will be granted to an intending importer
on his signing a bond Wore a British Consul guaranteeing the fulfilment of these
Conditions. Should an importer be found guilty before a British Consul of a breach
of his bond, he will not be entitled to take out another permit. Any British subject
importing morphia without a permit shall be liable to have such morphia con-
fiscated.
This Article will come into operation on all other Treaty Powers agreeing to its
conditions, but any morphia actually shipped before that date will not be affected by
this prohibition.
The Chinese Government on their side undertake to adopt measures at once to
prevent the manufacture of morphia in China.
Art. XII.---China having expressed a strong desire to reform her judicial system
and to bring it into accord with that of Western nations, Great Britain agrees to
give every assistance to such reform, and she will also be prepared to relinquish her
extra-territorial rights when she is satisfied that the state of the Chinese laws, the
arrangement for their administration , and other considerations warrant her in so
doing.
Art. XIII.—The missionary question in China being, in the opinion of the
Chinese Government, one requiring careful consideration, so that, if possible, troubles
such as have occurred in the past may be averted in the future, Great Britain agrees
to join in a Commission to investigate this question, and, if possible, to devise means
for securing permanent peace between converts, and non-converts, should such a
Commission be formed by China and the Treaty Powers interested.
Art. XIV.—Whereas under Rule V. appended to the Treaty of Tientsin of 1858.
British merchants are permitted to export rice and all other grain from one port of
China to another under the same'conditions in respect of security as copper “cash,”
it is now agreed that in cases of,expected scarcity or famine from whatsoever cause in
any district, the Chinese Government shall, on giving twenty-one days’ notice, be at
liberty to,prohibit the shipment of rice and other grain from such district.
THE BRITISH COMMERCIAL TREATY WITH CHINA II
Should any vessel specially chartered to load rice or grain previously contracted
tor have arrived at her loading port prior to or on the day when a notice of prohibition
to export comes into force, she shall be allowed an extra week in which to ship her
cargo.
If during the existence of this prohibition, any shipment of rice or grain is allowed
by the authorities, the prohibition shall, ipso facto, be considered cancelled and shall
not be re-imposed until six weeks’ notice has been given.
When a prohibition is notified, it will be stated whether the Government have any
Tribute or Army Eice which they intend to ship during the time of prohibition, and,
if so, the quantity shall be named.
Such rice shall not be included in the prohibition, and the Customs shall keep a
record of any Tribute or Army Eice so shipped or landed.
The Chinese Government undertake that no rice, other than Tribute or Army
Rice belonging to the Government, shall be shipped during the period of prohibition.
Notifications of prohibitions, and of the quantities of Army or Tribute Eice for
shipment shall be made by the Governors of the Province concerned.
Similarly, notifications of the removals of prohibitions shall be made by the same
authorities.
The export of rice and other grain to foreign countries remains prohibited.
Art. XV.—Tt is agreed that either of the High Contracting Parties to this Treaty
may demand a revision of the Tariff at the end of 10 years; but if no demand be made
on either side within 6 months after the end of the first 10 years, then the Tariff shall
remain in force for 10 years more, reckoned from the end of the preceding 10 years,
and so it shall be at the end of each successive 10 years.
Any Tariff concession which China may hereafter accord to articles of the produce
or manufacture of any other State shall immediately be extended to similar articles
of the produce or manufacture of His Britannic Majesty’s Dominions by whomsoever
imported.
Treaties already existing between the United Kingdom and China shall c ontinue
in force in so far as they are not abrogated or modified by stipulations of the present
Treaty.
Art. XVI.—The English and Chinese Texts of the present Treaty have been care-
fully compared, but in the event of there being any difference of meaning between
them, the sense as expressed in the English text shall be held to be the correct sense.
The ratifications of this Treaty, under the hand of His Majesty the King of
Great Britain and Ireland and of His Majesty the Emperor of China respectively shall
be exchanged at Peking within a year from this day of signature.
In token whereof the respective Plenipotentiaries have signed and sealed this
Treaty, two copies in English and two in Chinese.
Done at Shanghai this fifth day of September in the year of Our Lord, 1902,
corresponding with the Chinese date, the fourth day of the eighth moon of the twenty-
eighth year of Kwang Hsu.
, [l.s.3 Jas. L. Maokat.
Annex A.—(1)
(Translation)
Lu, President of the Board of Works ;
Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of
W orks ;
Imperial Chinese Commissioners for dealing with questions connected with the
Commercial Treaties, to
Sir James Magkay, His Britannic Majesty’s Special Commissioner for the dis-
cussion of Treaty matters.
12 THE BRITISH COMMERCIAL TREATY WITH CHINA
Shanghai: K. H. XXYIJI., 7th moon, 11th day
(Received A ugust 15, 1902/
We have the honour to inform you that we have received the following teihgram
from His Excellency Liu, Giovernor-General of the Liang Chiang, on the subject of
Clause TI. mutually agreed upon by us:
“ As regards this clause, it is necessary to insert therein a clear stipulation, to the
“ effect that, no matter what changes, may take place in the future, all Customs’ duties
“must continue't6 be calculated on the basis of the existing higher rate of the Haikwan
“ Tael over the Treasury Tael, and that ‘ the touch ’ and weight of the former must be
“ made good.”
As we have already arranged with you that a declaration of this kind should 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 snake this Communication.
Annex A—(2)
Gentlemen, Shanghai, August 18th, 1902.
I have the honour to acknowledge the receipt of your despatch of the 14th instant,
forwarding copy of a telegram from His Excellency Liu, Governor-General of the
Liang Chiang, on the subject of Article II. of the new Treaty, and in reply I have t he
honour to State that His Excellency’s understanding of the Article is perfectly correct.
I presume the Chinese Government will make arrangements for the coinage of a
national silver coin of such weight and touch as may be decided upon by them.
These coins will be made available to the public in return for a quantity of silver
bullion of equivalent weight and fineness plus the usual mintage charge.
The coins which will become the national coinage of China will be declared by
the Chinese Government to be legal tender in payment of Customs duty and in
discharge of obligations contracted in Haikwan taels, but only at their proportionate
value to the Haikwan tael, whatever that may be.
I have the honour to be,
Gentlemen,
Their Excellencies Your obedient Servant,Jas. L. Mackay.
(Signed)
Lit Hai-huan and Sheng Hsuan-huai.
etc., etc., etc.
Annex B—(1)
(Translation)
Lu, President of the Board of Works ;
Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of
Works ;
Imperial Chinese Commissioners for dealing with questions connected with the
Commercial Treaties, to
Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.
We have the honour to inform you that on theShanghai, September
22nd of August, we, in2nd, 1902.
conjunction
with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, Their
Excellencies Liu and Chang, addressed the following telegraphic Memorial to the
Throne:-
“ Of the revenue of the different Provinces derived from lehin of all kinds, a
“ portion is appropriated for the service of the foreign loans, a portion for the Peking
“ Government, and the balance is reserved for the local expenditure of the Provinces
“ concerned.
THE BRITISH COMMERCIAL TREATY WITH CHINA 13
“ in the negotiations now being conducted withQ-reat 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 Revenue to find out what
‘proportion of the provincial revenues derived from lekin of all kinds, nowabout
“ 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 seme
for your information.
Annex B—(2)
Shanghai, September 5th, 1902.
O-ENTLEMEN,
I have the honour to acknowledge the receipt of your despatch of the 2nd instant
forwarding the text of the Memorial and Decree dealing with the disposal of the
surtaxes.
I understand that the surtaxes in addition to not being pledged for any new
foreign loan are not to be pledged to, or held to be security for, liabilities already
contracted by China except in so far as lekin revenue has already been pledged to an
existing loan.
I also understand from the Memorial that the whole of the surtaxes provided by
Article VIII. of the New Treaty goes to the Provinces in proportions to be agreed
upon between them and the Board of Revenue, but that out of these surtaxes each
Province is obliged to remit to Peking the same contribution as that which it has
hitherto remitted out of its lekin collections, and that the Provinces also provide as
hitherto out of these surtaxes whatever funds may be necessary for the service of the
foreign loan to which lekin is partly pledged.
I hope Your Excellencies will send me a reply to this despatch and that you will
agree to this correspondence forming part of the Treaty as an Annex.
I have the honour to be.
Gentlemen,
Your obedient servant,
(Signed) Jas. L. Mackay.
Their Excellencies,
Lu Hai-hfan and Sheng Hsuan-huai,
etc., etc., etc.
14 THE BRITISH COMMERCIAL TREATY WITH CHINA
Annex B—(3)
(Translation)
Lu, President of the Board of Works;
Sheng, Junior G-uardian of the Heir Apparent, Vice-President of the Board of
Works;
Imperial Chinese Commissioners for dealing with questions connected with the
Commercial Treaties, to
Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.
Shanghai, September 5th, 1902.
We have the honour to acknowledge the receipt of your communication of to-day’s
date with regard to the allocation of the surtax funds allotted to the Provinces, and to
inform you that the views therein expressed are the same as our own.
We would, however, wish to point out that, were the whole amount of the alloca-
tion 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 lelcin revenue. The
amount, therefore, of the allocation due to the Provinces, arranged between them and
the Board of Revenue, will be retained in the hands of the Maritime Customs, who
will await the instructions of the Provinces in regard to the remittance of such
portion thereof as may be necessary to fulfil their obligations, and (on receipt of
these instructions) will send forward the amount direct. The balance will be held
to the order of the Provinces.
In so far as lehin is pledged to the service ol the 1898 loan, a similar method of
procedure will be adopted.
As you request that this correspondence be annexed to the Treaty, we have the
honour to state that we see no objection to this being done.
Annex C
INLAND WATERS STEAM NAVIGATION
Additional Rules
1. —British steamship owners are at liberty to lease warehouses
banks of waterways from Chinese subjects for a term not exceeding 25 years, with
option of renewal on terms to be mutually arranged. In cases where British mer-
chants are unable to secure warehouses and jetties from Chinese subjects on satis-
factory terms, the local officials, after consultation with the Minister of Commerce,
shall arrange to provide these on renewable lease as above mentioned at current
equitable rates.
2. —Jetties shall only be erected in such positions that they wil
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 these
jetties on the same footing as Chinese proprietors of similar properties in the neigh-
bourhood. British merchants may only employ Chinese agents and staff to reside in
warehouses so leased at places touched at by steamers engaged in inland traffic to
carry on their business; but British merchants may visit these places from time to
time to look after their affairs. The existing rights of Chinese jurisdiction over
Chinese subjects shall not by reason of this clause be diminished or interfered with
in any way.
4. —Steam vessels navigating the inland waterways of China sha
for loss caused to riparian proprietors by damage which they may do to the banks
THE BRITISH COMMERCIAL TREATY WITH CHINA 15
or works on them and for the loss which may be caused by such damage. In the
event of China desiring to prohibit the use of some particular shallow waterway by
launches, because there is reason to fear that the use of it by them would be likely
to injure the banks and cause damage to the adjoining country, the British
authorities, when appealed to, shall, if satisfied of the validity of the objection,
prohibit the use of that waterway by British launches, provided that Chinese
launches are also prohibited from using it.
Both Foreign: and Chinese launches ate prohibited from crossing danis and weirs
at present in existence on inland waterways where they are likely to cause injury to
such works, which would be detrimental to the water service of the local people.
5. —The main object of the British Government in desiring to
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 ju
been forbidden, to carry contraband goods. Infraction of this rule will entail the
penalties prescribed in the Treaties for such an offence, and cancellation of the Inland
Waters Navigation Certificate carried by the vessels, which will be prohibited from
thereafter plying on inland waters.
7. —As it is desirable that the people living inland: should be d
as possible by the advent of steam vessels to which they are not accustomed, inland
waters not hitherto frequented by steamers shall be opened as gradually as may be
convenient to 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,
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 of ports. She may, on making due
report to the Customs, land or ship passengers or cargo at any recognised ‘places of
trade passed in the course of the voyage; but may not ply between inland places
exclusively except with the consent of the Chinese Government.
9. —Any cargo and passenger boats may be towed by steamers
and crew of any boat towed shall be Chinese. All boats, irrespective of ownership,
must be registered before they can proceed inland.
10. —These Rules are supplementary to the Inland Steam Na
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)
I.—Entrance and Clearance of Vessels
1. —Within forty-eight bourn (exclusive of Sundays and ho
arrival of a British ship in a Korean port, the master shall deliver to the Korean
Customs authorities the receipt of the British Consul showing that he has deposited
the ship’s papers at the British Consulate, and he shall then make an entry of this
ship by handing in a written paper stating the name of the ship, of the port from
which she comes, of her master, the number, and, if required, the names of her
passengers, her tonnage, and the number of her crew, which paper shall be certified
by the master to be a true statement, and shall be signed bv him. He shall, at the
same time, deposit a written manifest of his cargo, setting forth the marks and
numbers of the packages and their contents as they are described in the bills of
lading, with the names of the persons to whom they are consigned. The master shall
certify that this description is correct, and shall sign his name to the same. When
a vessel has been duly entered, the Customs authorities will issue a permit to open
hatches, which shall be exhibited to the Customs officer on board. Breaking hulk
without having obtained such permission will render the master liable to a fine not
exceeding one hundred Mexican Dollars.
2. —If any error is discovered in the manifest, it may be correct
four hours (exclusive of Sundays and holidays) of its being handed in, without the
payment of any fee ; but for alteration or post entry to the manifest made after
that time a fee of Five Mexican Dollars shall be paid.
3. —Any master who shall neglect to enter his vessel at the Kor
within the time fixed by- this Regulation shall pay a penalty not exceeding Fifty
Mexican Dollars for every twenty-four hours that he shall so neglect to enter his ship.
4. —Any British vessel which remains in port for less than
(exclusive of Sundays and holidays) and does not ope'n 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.
5. —When the master of a vessel wishes to clear, he shall hand
authorities an export manifest containing similar particulars to those given in the
import manifest. The Customs authorities will then issue a clearance certificate and
return the Consul’s receipt for the ship’s papers. These documents must be handed
into the Consulate before the ship’s papers are returned to the master.
6. —Should any ship leave the port without clearing outward
above prescribed^ the master shall be liable to a penalty not exceeding Two Hundred
Mexican Dollars.
7. —British steamers may enter and clear on the same day, and
required to hand in a manifest except for such goods as are to be landed or transhipped
at the port of entry.
REGULATIONS FOR BRITISH TRADE WITH KOREA 17
II.—Landing and Shipping Cargo and Payment of Duties
1. —The importer of any goods who desires to land them shall
application to that effect at the Custom-house, stating his own name, the name of the
ship in which the goods have been imported, the marks, numbers, and contents of the
packages and their values, and declaring that this statement is correct. The Customs
authorities may demand the production of the invoice of each consignment of
merchandise. If it is not produced, or if its absence is not satisfactorily accounted for
the owner shall be allowed to land his goods on payment, of double the Tariff duty,
hut the surplus duty so levied shall be refunded on the production of the invoice.
2. —All goods so entered may be examined by the Customs offi
appointed for the purpose. Such examination shall be made without delay or injury
to the merchandise, and the packages shall be at once re-sorted by the Customs
authorities to their original condition, in so far as may be practicable.
3. —Should the Customs authorities consider the value of any
ad valorem duty as declared by the importer or exporter insufficient, they shall call
upon him to pay duty on the value determined by an appraisement to be made by the
Customs appraiser. But should the importer or exporter be dissatisfied with that
appraisement, he shall within twenty-four hours (exclusive of Sundays and holidays)
state his reasons for such dissatisfaction to the Commissioner of Customs, and shall
appoint an appraiser of his own to make a re-appraisement. He shall then declare
the value of the goods as determined by such re-appraisement. The Commissioner
of Customs will thereupon, at his option, either assess the duty on the value deter-
mined by this re-appraisement, or will purchase the goods from the importer or
exporter at the price thus determined, with the addition of five per cent In the
latter case the purchase money shall be paid to the importer or exporter within five
days from the date on which he has declared the value determined by his own
appraiser.
4. —Upon all goods damaged on the voyage of importation a f
duty shall be allowed, proportionate to their deterioration. If any disputes arise as
to the amount of such reduction, they shall be settled in the manner pointed but in
the preceding clause.
5—All goods intended to be exported shall be entered at the Korean Custom-
house before they are shipped. The application to ship shall be made in writing, and
shall state the name of the vessel by which the goods are to be exported, the marks
and number of the packages, and the quantity, description, and value of the contents.
The exporter shall certify in writing that the application gives a true account of all
the goods contained therein, and shall sign his name thereto.
6. —No goods shall be landed or shipped at other places than th
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, o
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 th
ships, their crews and passengers, nor for the baggage of the latter " Inch may be
landed or shipped at any time after examination by the Customs officers.
9. —Vessels needing repairs may land their cargo lor that pur
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 REGULATIONS 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 PevenUe '■
1. -’-The Customs authorities shall have the right to place Cust
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 of
cargo is stowed may be secured by the Korean Customs officers between the hours of
supset and sunrise, and on Sundays and holidays, by affixing seals, locks, or other
fastenings, and if any person shall, without due permission, wilfully 'open any entrance
that has been so secured, or break any seal, lock, or other fastening that has been
affixed by the Korean Customs officers, not only the person so offending, but the master
of the ship, also, shall be liable to a penalty not exceeding One Hundred Mexican
Dollars.
3 —Any British subject who ships, or attempts to ship, or discharges, or attempts
to discharge, goods which have not been duly entered at the Custom-house in the
manner above provided, or packages containing goods different from those described
in the import or export permit application, or prohibited goods, shall forfeit twice
the value of such goods, and the goods shall be confiscated.
4. —Any person signing a false declaration or certificate with the i
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 whic
specially attached therein, may be punished by a fine not exceeding One Hundred
Mexican Dollars.
Note.—All documents required by these Regulations, and all other communications
addressed to the Korean Customs authorities, may be written in the English language
[l.s.] Harry S. Parkes.
,, Min Yong-mok.
TREATIES WITH JAPAN
GREAT BRIT AO
TREATY OE COMMERCE AND NAVIGATION BETWEEN
GREAT BRITAIN AND JAPAN
Signed at London, 16th July, 1894
' Ratifications Exchanged at Tokyo, 2r>th August, 1894
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland,
Empress of India, and His Majesty the Emperor of Japan, being equally desiious
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 thq Court of St. James ;
Who, after having communicated to each other their full powers,, found to b,e
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 ami 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
Article II.—The subjects of either of' the contracting parties residing in the
dominions and possessions of the other shall be exempted from all compulsory
military service whatsoever, whether in the,army, navy, national guards, or militia,
from all contributions imposed in lieu of personal service; and from all forced loan
or military exactions or contributions.
Article III.—There shall be reciprocal freedom of commerce and navigation
between the dominions and possessions of the two high contracting parties.
The subjects of each of the high contracting parties may trade in any part of
the dominions and possessions of the other by wholesale of retail in all kinds of
produce, manufactures, and merchandise of lawful commerce, either in person or by
agents, singly, or in partnership with foreigners or native subjects: and they may
there own or hire and occupy the houses, manufactories, warehouses, shops, and
premises which may be necessary for them, and lease land for residential and
commercial purposes, conforming themselves to the Laws, Police, and Customs
Regulations of the country like native subjects.
They shall have liberty to come with their ships and cargoes to all places, ports,
and rivers in the dominions and possessions of the other which are or may be
opened to foreign commerce, and shall enjoy, respectively, the same treatment, in
matters of commerce and navigation, as native subjects, or subjects or citizens of the
most favoured nation, without having to pay taxes, imposts, or duties, of whatever
nature or under whatever denomination levied in the name or for the profit of
the Grovernment, public tunctionaries, private individuals, corporations, or establish-
ments of any kind, other or greater than those paid by native subjects, or subjects
or citizens of the most favoured nation, subject always to the Laws, Ordinances, and
Regulations of each country.
Article IY. — The dwellings, manufactories, warehouses, anil shops of the
subjects of each of the high contracting parties in the dominions and possessions
of the other, and all premises appertaining thereto destined for purposes of residence
or commerce, s*hall be respected.
It shall not be allowable to proceed to make a search of, ora domiciliary visit to,
such dwellings and premises, or to examine or inspect books, papers, or accounts
except under the conditions and with the forms prescribed by the Laws, Oi’dinances,
and Regulations for subjects of the country.
Article V.—No other or higher duties shall be imposed on the importation into
the dominions and possessions of Her Britannic Majesty of any article, the produce
or manufacture of dominions and possessions of His Majesty the Emperor of Japan,
from whatever place arriving; and no other or higher duties shall be imposed on the
importation into the dominions and possessions of His Majesty the Emperor of
Japan of any article, the produce or manufacture of the dominions and possessions
of Her Britannic Majesty, from whatever place arriving than on the like article
produced or manufactured in any other foreign country; nor shall any prohibition
be maintained or imposed on the importation of any article, the produce or
manufacture of the dominions and possessions of either of the high contracting
parties, into the dominions and possessions of the other, from whatever place
arriving, which shall not equally extend to the importation of the like article, being
the produce of manufacture of any other country. This last provision is not applicable
to the sanitary and other prohibitions occasioned by the necessity of protecting the
safety of persons, or of cattle, or of plants useful to agriculture.
Article VI.—No other or higher duties or charges shall be imposed in the
dominions and possessions of either of the high contracting parties on the exporta-
tion of any article to the dominions and possessions of the other than such as are,
or may be, payable on the exportation of the like article to ciny ofclici foreign
country; nor shall any prohibition be imposed on the exportation of any article from
the dominions and possessions of either of the two contracting parties to the
dominions and possessions of the other which shall not equally extend to the
exportation of the like article to any other country.
Article VII. —The subjects of each of the high contracting parties shall enjoy
TREATY RETWEEN GREAT I i RITA LX AND JAPAN 21
in the dominions and possessions pf the other exemptions from all transit duties
and a perfect equality of treatment with native subjects in all that relates to
warehousing, bounties, facilities, and drawbacks.
Article VIII.—All articles which are or may be legally imported into the ports
of the dominions and possessions of His Majesty the Emperor of Japan in Japanese
vessels may likewise be imported into those ports in British vessels, without being
liable to any other or higher duties or charges of whatever denomination than if such
articles were imported in Japanese vessels; and, reciprocally, all articles which are or
may be legally imported into the ports of the dominions and possessions, of Her
Britannic Majesty in British vessels may ; likewise be imported into those ports in
Japanese vesssels, without being liable to. any other or higher duties or charges of
whatever denoinination than if such articles were imported in British vessels. Such
reciprocal equality of treatment shall take effect without distinction^ whether such
articles come directly from the place of origin or from any other places..
In the same manner there shall be perfect equality. of treatment in regard to
exportation, so that the same export duties shall be paid and the same bounties and
drawbacks allowed in the dominions ami possessions of either of the high contract-
ing parties on the exportation of any article which is or may be legally exported
therefrom, whether such exportation shall take place in Japanese or in British
vessels, and whatever may be the place of destination, whether a port of either or
the contracting parties or of any third bower.
Article IX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine,
or other similar or corresponding duties of whatever nature or under whatever
denomination, levied in the name or for the profits of the Government, public
functionaries, private individuals, corporations, or establishments of any kind, shall
be imposed in the ports of the dominions and possessions of either country upon the
vessels of the other country which shall not equally and under the same conditions
be imposed in the like cases on national vessels in general, or vessels of the most
favoured nation. Such equality of treatment shall apply reciprocally to the
respective vessels, from whatever port or place they may arrive, and whatever may
be their place of destination.
Article X.—In all that regards the stationing, loading, and unloading of vessels
in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and
possessions of the two countries, no. privilege shall be granted, to,national vessels
which shall not be equally granted to vessels of the other country; the intention of
the high contracting parties being that in this respect also the respective vessels
shall be treated on the footing of perfect equality.
Article XI. —The coasting trade of both the high contracting parties is
excepted from the provisions of the present Treaty, and shall be regulated according
to the Laws, Ordinances, and Regulations of Japan and of Great Britain respec-
tively. It is, however, understood that Japanese subjects in the dominions and
possessions of Her Britannic Majesty and British subjects in the dominions and
possessions of His Majesty the Emperor of Japan shall enjoy in this respect the
rights which are or may be granted under such Laws, Ordinances, and Regulations
to the subjects or citizens of any other country.
A Japanese vessel laden in a foreign country with cargo destined for two or
more ports in the dominions and possessions of Her Britannic Majesty and a British
vessel laden in a foreign country with cargo destined for two or more ports in the
dominions and possessions of His Majesty the Emperor of Japan may discharge a
portion of her cargo at one port, and continue her voyage to the other port or ports
of destination where foreign trade is permitted, for the purpose of landing the
remainder of her original cargo there, subject always to the Laws and Custom-
house Regulations of the two countries.
The Japanese Government, however, agrees to allow British vessels to continue,
as heretofore, for the period of the duration of the present Treaty, to carry cargo
between the existing open ports of the Empire, excepting to or from the ports of
•Osaka, Niigata, and Ebisu-minato.
22 TREATY BETWEEN GREAT BRITAIN AND JAPAN
Article XII.—Any shij of war or merchant vessel of either of the high
contracting parties which may be compelled by stress of weather, or by reason of
any other distress, to take shelter in a port of the other, shall be at liberty to refit
therein, to procure all necessary supplies, and to put to sea again, without paying
any dues other than such as would be payable by national vessels. In case, how-
ever, the master of a merchant vessel should be under the necessity of disposing of
a part of his cargo in order to defray the expenses, he shall be bound to conform to
the Regulations and Tariffs of the place to which he may have come.
If any ship of war or merchant vessel of one of the contracting parties should
run aground or be wrecked upon the coast of the other, the local authorities shall
inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the district
of the occurrence, or, if there be no such Consular officer, they shall inform the
Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest district.
All proceedings relative to the salvage of Japanese vessels wrecked or cast on
shore in the territorial waters of Her Britannic Majesty shall take place in accordance
with the Laws, Ordinances, and Regulations of Great Britain, and, reciprocally, all
measures of salvage relative to British vessels wrecked or cast on shore in the
territorial waters of His Majesty the Emperor of Japan shall take place in accordance
with the Laws, Ordinances, and Regulations of Japan.
Such stranded or wrecked ship or vessel, and all parts thereof, and all furniture,
and| appurtenances belonging thereunto, and all goods and merchandise saved
therefrom, including those which may have been cast into the sea, or the proceeds
thereof, if sold, as well as all papers found on board such stranded or wrecked ship
or vessel, shall be giveii up to the owners or their agents, when claimed by them.
If such owners or agents are not on the spot, the same shall be delivered to the
respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents upon being
claimed by them within the period fixed by the laws of the country, and such
Consular officers, owners, or agents shall pay only the "expenses incurred in the
preservation of the property, together with the salvage or other expenses which
would have been payable in the case of a wreck of a national vessel.
The goods and merchandise saved from the wreck shall be exempt from all the
duties jf Customs unless cleared for consumption, in which case they shall pay the
ordinary duties.
When a ship or vessel belonging to the subjects of one of the contracting
parties is stranded or‘wrecked in the territories of the other, the respective Consuls-
General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case
the owner or master, or other agent of the owner, is not present, to lend their official
assistance1 in order tu afford the necessary assistance to the subjects of the respective
States: Tile same rii'le shall apply in case the owner, master, or other agent is
present,
! but requires such assistance to be given.
Article-XIII.:—-All vessels whichj" according to Japanese law, ard to be deemed
Japanese Vessels, shall,
British vessels, and allfor'vessels which, according
the purposes to British
of this Treaty, law, are Japanese
be deemed to be deemed
and
British vessels respectively.
Article XIV-—The Consuls-General, Consuls, Vice-Consuls, and Consular Agents
of'eaph of there'ccontracting
other, shall eiVe from theparties, reSidihg in such
local authorities the dominions
assistance and
as canpossessions
by law beofgiven
the
to them for thh'recovery of deserters from the vessels1 of their reSpebtive 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 Agrfee that, in till that concerns
commerce and navigation, any privilege, favour, or immunity which either ebntract-
ing.party has actually granted, or may hereafter graUf to the Government, ships,
subjects, or citizens of any other State, shall bfe extended immediately and uncondi-
tionally to the Government, ships; subjects, or citizetis'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.
TEE AT Y BETWEEN GEE AT BEITAIN AND JAPAN 23
Article XYI.—Each of the 8 high contracting, parties may appoint Uonsuls-
General, Consuls, Vice-.QqpsuJ ' Pro-Consuls, and Consular Agents in all the ports,
cities, and places of the other, except in those where it may not be convenient to
recognize such officers. ,
This exception, however, shall not be made in regard to one of the contracting
parties without being made likewise in regard to every other Power.
The Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and. Consular Agents
may exercise all functions, and shall enjoy all privileges, exemptions, and immunities
which are or may hereafter be granted to Consular officers of the most favoured nation.
Article XVII.—rThe 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 Settlemepts, shall at the same time be transferred to the said Japanese
authorities.
When such incorporation takes place existing leases in perpetuity under which
property is now held in the said Settlements shall be confirmed, and no conditions
whatsoever other than thpse 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 Canada. Western Australia. Tasmania.
Victoria. Natal. Newfoundland. New Zealand.
Provided always that the stipulations of the present Treaty shall be made
applicable to any of the above-named Colonies or foreign possessions on whose behalf
notice to that effect shall have been given to the Japanese Government by Her
Britannic Majesty’s 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
to
difference
leases Germany
held
of opinion
in of the which
perpetuity, other
an
arose between Japan
part regarding
Arbitration
of the one partof thi
the interpretation
Tribunal was appointed.
ands
The
Governments
Professorandof Lawof Germany,
in the France and
University GreatandBritain
of Paris Legalnamed
Adviser astoArbitrator M. Louisof Eenault,
the Department Foreign
Affairs,
and Minister Japan named
Plenipotentiary as ofArbitrator
His His Excellency
Majesty the Emperor Itchiro
of Motono,
Japan, at EnvoyDoctor
Paris, Extraordinary
of Law.as
M. GregersTheGram,
Umpire. formerly
Tribunal sat Norwegian
at The Minister
Hague, and onof May
State,22nd,
was 1905,
chosendecided
by thebyArbitrators
a majority of
votesProtocols
the and declared that: “The
ofonArbitration provisions
exempt not onlyofofthe
the land
Treaties and
heldthey other engagements
in exempt
virtue ofthetheland
leases inmentioned
perpetuityofin
granted by or
every description behalf of the Government
constructedororconditions Japan,
which maywhatsoever, but
hereafter beotherconstructed on suchexpressly and buildings
land fromStipulated
all imposts,in
taxes, charges,
the leases in contributions
question.” Mr. Motono recorded his entire than those
disagreement with thfe decision.
this tTreaty
On January
applicableto31st, the
1906,Dominion
an agreement was signed in Tokyo making the Stipulations
of Canada.
24 TREATY BETWEEN GREAT BRITAIN AND JAPAN
Article XX.—The present Treaty shall, from the date it comes into force, be
substituted in place of the Conventions respectively of the 23rd day of the 8th
month of the 7th year of Kayai, corresponding to the 14th day of October, 1854,
and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to
the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th
year of Ansei, corresponding to the 26th day of August, 1858, and all Arrangements
and Agreements subsidiary thereto concluded or existing between the high con-
tracting parties; and from the same date such Conventions, Treaty, Arrangements
and Agreements shall cease to be binding, and, in consequence, the jurisdiction
then exercised by British Courts in Japan, and all the exceptional privileges, exemp-
tions, and immunities then enjoyed by British subjects, as a part of or appurtenant
to such jurisdiction, shall absolutely and without notice cease and determine, and
thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts.
Article XXI.—The present Treaty shall not take effect until at least five years
after its signature. It shall come into force One year after His Imperial Japanese
Majesty’s Government shall have given notice to Her Britannic Majesty’s Govern-
ment of its wish to have the same brought into operation. Such notice may be given
at any time after the expiration of four years from the date hereof. The Treaty shall
remain in force for the period of twelve years from the date it goes into operation.
Either high contracting party shall have the right, at any time after eleven
years shall have elapsed from the date this Treaty takes effect, to give notice to the
other of its intention to terminate the same, and at the expiration of twelve months
after such notice is given this Treaty shall wholly cease and determine.
Article XXII.—The present Treaty shall be ratified, and the ratifications thereof
shall he exchanged at Tokyo as soon as possible, and not later than six months from
the present date.
In witness whereof the respective Plenipotentiaries have signed the same and
have affixed thereto the seal of their arms.
Hone at London, in duplicate, this sixteenth day of the' seventh month of the
twenty-seventh year of Meiji.
[n.s.} Kimberley.
„ Aoki.
Protocol
The Government of Her Majesty the Queen of Great Britain and Ireland and
Empress of India, and the Government of His Majesty the Emperor of Japan, deeming
it advisable in the interests of both countries to regulate certain special matters of
mutual concern, apart from the Treaty af Commerce and Navigation signed this day,
have, through their respective Plenipotentiaries, agreed upon the following stipula-
tions : -
1.—It is agreed by the contracting parties that one month after the exchange
of the ratifications of the Treaty of Commerce and Navigation signed this day, the
Import Tariff hereunto annexed shall, subject to the provisions of Article XXII1. of
the Treaty of 1858 at present subsisting between the contracting parties, as long
as the said Treaty remains in force and thereafter, subject to the provisions of
Articles V. and XV. of the Treaty signed this day, be applicable to the Articles
tht rein enumerated, beiiu the growth, produce, or manufacture of the dominions
and possessions of Her Britannic Majesty, upon importation into Japan. But
nothing contained in this Protocol, or the 1 ariff hereunto annexed, shall be held to
limit or qualify the right of the Japanese Government to restrict or to prohibit
the importatibn of adulterated drhgs, thedicines, food, or beverages, indecent or
obsbbne prints, paintings, books, cards, lithographic or other engravings, photographs,
or any other indecent or obscene articles; articles in violation of patent, trade-mark,
or copy-right laws of Japan, or any other article which for sanitary reasons, or in
view of public security or morals, might offer any danger.
TREATY BETWEEN GREAT BRITAIN AND JAPAN 25
The ad valorem duties established by the said Tariff shall, so far as may be
deemed practicable, be converted into specific duties by a supplementary Convention,
which shall be concluded between the two Governments within six months from the
date of this Protocol; the medium prices, as shown by the Japanese Customs
Returns during the six calendar months preceding the date of the present Protocol,
with the addition of the cost of insurance and transportation from the place of
purchase, production or fabrication, to the port of discharge, as well as commission,
if any, shall be taken as the basis for such conversion. In the event of the
Supplementary Convention not having come into force at the expiration of the period
for the said Tariff to take effect, ad valorem duties in conformity with the rule
recited at the end of the said Tariff shall, in the meantime, be levied.
In respect of articles not enumerated in the said Tariff, the General Statutory
Tariff of Japan for the time being in force shall, from the same time, apply, subject,
as aforesaid, to the provisions pf Article XXIII. of the Treaty of 1858 and Articles
V. and XV. of the Treaty signed this day, respectively.
From the date the Tariffs aforesaid take effect, the Import tariff now in opera-
tion in Japan in respect of goods and merchandise imported into Japan by British
subjects shall cease to be binding.
In all other respects the stipulations of the existing Treaties and Conventions
shall be maintained unconditionally until the time when the Treaty of Commerce
and Navigation signed this day comes into force.
2. —The Japanese Government, pending the opening of the co
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 th<
British Representative in Tokyo, or from any of Her Majesty’s Consuls at the open
ports in Japan, to obtain upon application passports available for any part of the
country, and for any period not exceeding twelve months, from the Imperial Japanese
Foreign Office in Tokyo, or from the chief authorities in the Prefecture in which an
open port is situated ; it being understood that the existing Rules and Regulations
governing British subjects who visit the interior of the Empire are to be maintained.
3. —The Japanese Government undertakes, before the cessa
Consular jurisdiction in Japan, to join the International Conventions for the Pro-
tection of Industrial Property and Copyright.
4-—It is understood between the two high contracting parties that, if Japan
thinks it necessary at any time to levy an additional duty on the production or
manufacture of refined sugar in Japan, an increased customs duty equivalent in
amount may be levied on British refined sugar when imported into Japan, so long
as such additional excise tax or inland duty continues to be raised.
Provided always that British refined sugar shall in this respect be entitled to
ihe treatment accorded to refined sugar being the produce; or manufacture of the
most favoured nation.
5.—The undersigned Plenipotentiaries have agreed that this Protocol shall be
submitted to the two high contracting parties at the same time as the Treaty of
Commerce and Navigation signed this day, and that when the said Treaty is ratified
he agreements contained in the Protocol shall also equally' be considered as
approved, without the necessity of a further formal ratification.
It is agreed that this Protocol shall terminate at the same time the said Treaty
•ceases to be binding.
In witness whereof the respect ve Plenipotentiaries have signed the same, and
have affixed thereto the seal of their arms.
Done at London, in duplicate, this sixteenth day of July, in the year of our
Lord one thousand eight hundred and ninety-four.
[l.s.] Kimberley, [l.s. ■ Aoki.
treaty of commerce and navigation between
GREAT BRITAIN AND JAPAN
Signed at London, 3rd April, 1911
Preamble
His Majesty the Emperor of Japan and His Majesty the: King of the United
Kingdom of Great Britain and Ireland and of the British Dominions Beyond the
Seas, Emperor of India, being desirous to strengthen the relations of amity and
good understanding which happily exist between them and between their subjects,
and to facilitate and extend the commercial relations between their two countries,
have resolved to conclude a Treaty of Commerce and Navigation for that purpose,,
and have named as their Plenipotentiaries, that is to say:
His Majesty the Emperor of Japan, His Excellency Monsieur Takaaki Kato,
■lusammi, First Class of the Order of the Sacred Treasure, His Imperial Majesty’s
Ambassador Extraordinary and Plenipotentiary at the Court of St. James; and His
Majesty the King of the United Kingdom of Great Britain and Ireland and of the
British Dominions beyond the Seas, Emperor of India, the Eight Honourable Sir
Edward Grey, a Baronet of the United Kingdom, a Member of Parliament. His
Majesty’s Principal Secretary of State for Foreign Affairs; who, after having com-
municated to each other their respective full powers, found to be in good and due
form, have agreed upon the following Articles:—
Art. 1.—The subjects of each of the high contracting parties shall have full
liberty to enter, travel, and reside in the territories of the other, and, conforming
themselves to the laws of the country—
1. —Shall in all that relates to travel and residence be place
the same footing as native subjects.
2. —They shall have the right, equally with native subjec
commerce and manufacture, and to trade in all kinds of merchandise of lawful com-
merce, either in person dr by agents, singly or in partnerships with foreigners or
native subjects.
3. —They shall in all that relates to the pursuit of their indu
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 ho
warehouses, shops, and premises which may be necessary for them, and to lease
land for residential, commercial, industrial, and other lawful pui'poses, in the same
manner as native subjects.
5-—The, shall, on condition of reciprocity, be at full liberty to acquire and
possess every description of property, movable or immovable, which the laws of the
country permit or shall permit the subjects or citizens of any other foreign country
to acquire and possess, subject always to the conditions and limitations prescribed in
such laws. They may dispose of the same by sale, exchange, gift, marriage, testa-
ment, or. in any other manner, under the same conditions which are or shall be estab-
lished with regard to native subjects. They shall also be permitted, on compliance
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 sec
persons and property; shall have free and easy access to the Courts of justice and
other tribunals in pursuit and defence of their claims and rights; and shall have full
liberty, equally with native subjects, to choose and employ lawyers and advocates to
represent them before such Courts and tribunals; and generally shall have the same
rights and privileges as native subjects in all that concerns the administration
of justice.
7. —They shall not be compelled to pay taxes, fees, charges, or co
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 nat
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 imposed in lieu of
personal service; and from all forced loans and military requisitions or contributions
unless imposed on them equally with native subjects as owners, lessees, or occupiers
of immovable property.
In the above respects the subjects of each of the high contracting parties shall
not be accorded in the territories of the other less favourable treatment than that
which is or may be accorded to subjects or citizens of the most favoured nation.
Art. III.—The dwellings, warehouses, manufactories, and shops of the subjects
of each of the high contracting parties in the territories of the other, and all pre-
mises appertaining thereto used for lawful purposes, shall be respected. • It shall not
be allowable to proceed to mate a domiciliary visit to, or a search of, any such
buildings and premises, or to examine or inspect books, papers, or accounts, except
under the conditions and with the forms prescribed by the laws for native subjects.
Art. IV.—Each of the high contracting parties may appoint Consuls-General,
Consuls, Vice-Consuls, and Consular Agents in all ports, cities, and places of the
other, except in those where it may not be convenient to recognise such officers.
This exception, however, shall not be made in regard to one of the high contracting
parties wittiout being made likewise in regard to all other Powers.
Such Consuls-General, Consuls, Vice-Consuls, and Consular Agents, having re-
ceived exequaturs or other sufficient authorisations from the Government of the
country to which they are appointed, shall have the right to exercise their functions,
and to enjoy the privileges, exemptions, and immunities which are.or may be granted
to the Consular officers of the most favoured nation. The Government issuing ex-
equaturs or other authorisations has the right in its discretion to cancel the same on
explaining the reasons for which it is thought proper to do so.
Art. V.—In case of the death of a subject of one of the high contracting
parties in the territories of the other, without leaving at the place of his decease any
person entitled by the laws of his country to take charge of and administer the
estate, the competent Consular officer of the State to which the deceased belonged
shall, upon fulfilment of the necessary formalities, be empowered to take custody of
and administer the estate in the manner and under the limitations prescribed by the
law of the country in which the property of the deceased is situated.
The foregoing provision shall also apply in case of a subject of one of the high
contracting parties dying outside the territories of the other, but possessing property
therein, without leaving any person there entitled to take charge of and administer
the estate.
28 BETWEEN GREAT BRITAIN AND JAPAN
It is understood that in all that conoerns the administration of the estates of
deceased persons, any right, privilege, favour, or immunity which either of the high
contracting parties has actually grantedy or may hereafter grant, to the Gdnsdlftr
officers of any other foreign State shall be extended immediately and unconditionally
to the Consular officers of the other high contracting party.
Art' Tl—There shall be between the( territories of the two high contracting
parties' reciprocal freedoin of commerce and navigation. The subjects of each of the
high contracting parties shall have , liberty freely to come with their ships and
eargqes to all places/ ports, and .nyers in the territories of the other, which are or
may. be opened to foreign' commerce, and, conforming themselves to the laws of the-
country to which they thus come, shall enjoy the same rights, privileges, liberties,
favours, immunities, and exemptions in matters of commerce,and navigation as are
or thay be enjoyed by hative 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 whatevei
place arriving, shall enjoy the lowest rates of Customs duty applicable to similar
articles of any other foreign origin.
No prohibition or restriction shall be maintained or imposed on the importation
of any article, the produce or manufacture of the territories of either of the high
contracting parties, into the territories of the other, from whatever place arriving,
which shall not equally extend to the importation of the like articles, being the pro-
duce or manufacture of any other foreign country. This provision is not applicable
to the sanitary or other prohibitions occasioned by the necessity of securing the
safety of persons, or o) cattle, or of plants useful to agriculture.
Art. VIII.—The articles, the produce or manufacture of the United Kingdom, enu-
merated in Part I. of the Schedule annexed to this Treaty, shall not, on importation
into Japan, be subjected to higher Customs duties than those specified in the Schedule.
The articles, the produce Or manufacture of Japan, enumerated in Part II. of
tiie 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 contracting party,
and thereupon negotiatibns for the purpose shall be entered into forthwith. If the
negotiations are riot brought to a satisfactory conclusion within six months from the
date of notification, the high contractirig party which gave the notification may,
within one month, give six months’ notice to aborgate the present Article, and on
the expiration
prejudice to theofother
such stipulation
notice tlie present Article shall cease to have effect, without
of this Treaty.
Art. IX.—Articles, the produce or manufacture of the territories of one of the
high contracting parties, exported to the territories of the other, shall not be sub-
jected on export, to other or higher charges than those on the like articles ex-
ported to any other foreign country. Nor shall any prohibition or restriction be
imposed on the exportation of any article from the territories of either of the two
High Contracting Parties to the territories of the other which shall not equally
extend to the exportation of the like article to any other foreign country.
Art. X,—Articles, the produce or manufacture of the territories of one of the
high contracting
conformity with parties,
the lawspassing
of thein country,
transit through
shall be the territoriesfreeoffrom
reciprocally the allother,
transitin
duties, whether they pass direct, or whether during transit they are unloaded, ware-
housed, and reloaded.
TREAl Y OF COMMERCE AND NAVIGATION
Art. XI.—No internal duties levied for the benefit of the State, local authorities,
or corporations which affect, or may affect, the production, manufacture, or consump-
tion of any article in the territories of either of the high contracting parties shall
for any reason be a higher or more burdensome charge on articles the produce or
manufacture of the territories of the other than on similar articles of native origin.
The produce or manufacture of the territories of either of the higb, contracting
parties imported into the territories of the other, and intended,for warehousing or
transit, shall not be subjected to any internal duty. -
Art. XII.—Merchants and manufacturers, subjects of one of the high contract-
ing parties, as well as merchants and manufacturers domiciled and exercising their
commerce and industries in the territories of such party, may, in the territories of
the other, either personally or by means of commercial travellers, make purchases or
collect orders, with or without samples, and such merchams, manufacturers, and
'heir commercial travellers, while so making purchases and collecting orders, shall
in the matter of taxation and facilities, enjoy the most favoured nation treatment.
Articles imported as samples for the purposes above-mentioned shall, in each
country, be temporarily admitted free of duty on compliance with the Customs re-
gulations and formalities established to assure their re-exportation or the payment of
the prescribed Customs duties if not re-exported within the period allowed by law.
But the foregoing privilege shall not extend to articles which, owing to their quantity
or value, cannot be considered as samples, or which, owing to their nature, could not
be identified upon re-exportation. The determination of the question of the qualifica-
tion of samples for duty-tree admission rests in all cases exclusively with the com-
petent authorities of the place where the importation is effected.
Art. XIII.—The marks, stamps, or seals placed upon the samples mentioned in
the preceding Article by the Customs authorities of one country at the time of ex-
portation, and the officially-attested list of such samples containing a: full description
thereof issued by them, shall by reciprocally accepted by the Customs officials of the
other as establishing their character as samples and exempting them from inspection
except so far as may be necessary to establish that the samples produced, are those
enumerated in the list. The Customs authorities of either country may, however,
affix a supplementary mark to such samples hi special cases where they may think
this precaution necessary.
Art. XIV. —The Chambers of Commerce, as well as such other Trade Association,
and other recognised Commercial Associations in the territories of the high con-
tracting Parties as may be authorised in this behalf, shall be mutually accepted as
competent authorities for issuing any certificates that may be, required for com-
mercial travellers.
Art. X V.—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 par ties shall permit the importation or
exportation of all merchandise which may be legally imported or esperted, 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.
Aft. XVII.—In all that regards the stationing, loading, and unloading of vessels
in the ports, docks, roadsteads, and harbours of the high contracting parties-, on
privileges or facilities shall be granted by either party to nationaT vessels which’are
30 BETWEEN GREA.T BRITAIN AND JAPAN
not equally, in like cases, granted to the vessels of the other country; the intention of
the high contracting parties being that in these respects also the vessels of the two
countries shall be treated on the footing of perfect equality.
Art. XVIII.—All vessels which according to Japanese law are to be deemed
Japanese vessels, and all vessels which according to British law are to be deemed
British vessels, shall, for the purpose of this Treaty, be deemed Japanese and British
vessels respectively.
Art. XIX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or
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-favoured nation. Such equality of treatment shall apply to the vessels of
either country from whatever place they may arrive and whatever may be their
destination.
Art. XX.—Vessels charged with performance of regular scheduled postal service
of one of the high contracting parties shall enjoy in the territorial waters of the
other the same special facilities, privileges, and immunities as are granted to like
vessels of the most favoured nation.
Art. XXI.—The coasting trade of the high contracting parlies is excepted from
the provisions of the present Treaty, and shall be regulated according to the laws of
Japan and the United Kingdom respectively. It is, however, understood that the
subjects and vessels of either high contracting party shall enjoy in this respect
most favoured nation treatment in the territories of the other.
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 above-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. XXIII.—Any vessel of either of the high contracting parties which may be
compelled, by stress of weather or by accident, to take shelter in a port of the other
shall be at liberty to refit therein, to procure all necessarv 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 be
under the necessity of disposing of a part of his merchandise in order to defray the
expenses, he shall be bound to conform to the Regulations and Tariffs of the place to
which he may have come.
TREATY OF COMMERCE AND NAVIGATION 3l
If aiiy Vessel of on# of the high contr&ctmg 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 dr stranding of a
national vessel.
The high contracting parties agree, moreover, than 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 cdheessions
granted by either of the high contracting parties to contiguous States solely to
facilitate frontier traffic within a limited zone on each side of the frontier, or to the
treatment accorded to the produce of the national fisheries of the high contracting
parties or to special tariff favours granted by Japan in regard to fish and other
aquatic products taken in the foreign waters in the vicinity of Japan-
Art. XXVI.—The stipulations of the present Treaty shall not be applicable to any
of His Britannic Majesty’s Dominions, Colonies, Possessions, or Protectorates beyond
the Seas, unless notice of adhesion shall have been given on behalf of any such
Dominion, Colony, Possession, or Protectorate by His Britannic Majesty’s Repre-
sentative at Tokyo before the expiration of two years from the date of the exchange
of the ratifications of the present Treaty.
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 preceding Article
referring to British Dominions, Colonies, Possessions, and Protectorates apply also
to the island of Cyprus.
32 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 [l s.}
„ E. G-rey „
SCHEDULE
Part I.
No. m Japanese Description of Unit of ofRate
Statutorv Tariff. Article. Weight. in Duty Ten.
266.—Paints:—
4. Other:
A. Each weighing not more than 6 kilogrammes including the
weight of the receptacle 100 kins 4.26
(including receptacles)
B. Other ' 100 kins 3.30
275.—Linen Yarns:—
1. Single:
A. Gray „ 8.60
B. Other „ 9.25
298.—Tissues of Cotton :—
l. Velvets, plushes, and other pile tissues, with piles cut or uncut:
A. Gray 25.50
B. Other ,. 30.00
7. Plain tissues, not otherwise provided for:
A. Gray:
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. It' threads or less ... ... „ 15.30
b. 27 „ „ ... ... „ 20.70
c. 35 „ „ .. „ 28.70
d. 43 „ „ „ 38.00
e. More than 43 threads „ 51.30
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 ... ...100 kins 8.30
5. 27 „ „ ... . . „ 10.50
c. 35 „ „ .. „ 13.50
d. 43 „ „ „ 16.50
e. More than 43 threads '... „ 18.70
A3. Weighing not more than 20 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less „ 6.70
b. 27 „ „ „ 8.30
c. 35 „ „ „ 10.50
d. 4.3 „ , . „ „ 13.50
e. More than 43 threads 14.70
TREATY OP COMMERCE AND NAVIGATION
No. in Japanese Description of Unit of Rate
Statutory Tarff. Article. Weight. ofin 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
M. Other ... , 9 30
B. Bleached simply ...The above duties on gray tissues plus 3 yen per 100 kins
G. 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 „ „ „ 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:
а. 19 threads or less ,, 8.00
б. 27 .. „ ... „ 10.00
c. 35 ., „ „ 14.30
d. 43 „ ,. „ 18.00
e. More than 43 thi'eads „ 20.00
yl3. Weighing not more than 20 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 27 threads or less ... ... ... „ 8.00
b. 35 ,. „ „ 11.30
c. 43 „ ,. „ 15.00
d. More than 43 threads „ 18.80
A4. Weighing not more than 30 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 27 threads or less 100 kins 7.30
b. 35 .. „ „ 8.70
c. 43 „ „ „ 11.30
d. More than 43 threads „ 14.70
A5. Other „ 10.00
B. Bleached simply ... The above duties on gray tissues plus 3 yen per 100 kins
O. Other ... „ „ „ „ 7
34 BETWEEN GEEAT BRITAIN AND JAPAN
No. in Japanese Description of Rate
tUnit of of Duty-
Statutory Tariff. Article. 'Weight. in Ten.
301.—Tissues of wool, and mixed tissues of wool and cotton, of won] and silk, or of
wool, cotton and silk :—
2. Other:
A. Of wool:
h. Weighing not more than 200 grammes per square metre ..100 kins 57.50
e. „ 500 „ „ ... „ 45.00
d. Other „ 40.00
R Of wool and cotton :
c. Weighing not more than 500 grammes per square metre 30.00
d. Other 18.00
462.—Iron:
1. In lumps, ingots, blooms, billets and slabs:
A. Pig iron 00.83
4. Plates and Sheets :
A. Not coated with metals:
AS. Other:
a. Not exceeding 0.7 millimetres in thickness 0.30
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
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 b
7. —Mats and matting of rush.
8. —Lacquered wares, coated with Japanese lacquer
9. —Rape-seed oil.
10.—Cloisonne wares.
WASHINGTON CONFERENCE RESOLUTIONS
THE QUADRUPLE ALLIANCE
OFFICIAL TEXT
At the fourth plenary session of the Conference on Limitation of Armaments
held on December 10th, 1921, Senator Lodge made public the following draft of a
treaty and accompanying reservations:—
The United States of America, the British Empire, France and Japan, with
a view to the preservation of the general peace and the maintenance of their
rights in relation to their insular possessions and insular dominions in the
regions of the Pacific Ocean, have determined to conclude a treaty to this effect
and have appointed as their plenipotentiaries :—
The President of the United States
His Majesty the King of the United Kingdom of Great Britain and
Ireland, and of the British Dominions beyond the seas, Emperor of
India
And
For the Dominion of Canada
For the Commonwealth of Australia
For the Dominion of New Zealand
For India
The President of the French Republic-
His Majesty the Emperor of Japan
Who, having communicated their full powers found in good and due form, have
agreed as follows:—
Article I.—The high contracting parties agree as between themselves to
respect their rights in relation to their insular possessions and insular dominions in
the region of the Pacific Ocean. If there should develop between any of the
high contracting parties a controversy arising out of any Pacific question and
involving their said rights, which is not satisfactorily settled by diplomacy and is
likely to affect the harmonious accord now happily subsisting between them, they
sha'l invite the other high contracting parties to a joint conference to which the
whole subject will be referred for consideration and adjustment.
Article It.—If the said rights are threatened by the aggressive action of any
other Power, the high contracting parties shall communicate with one another
fully and frankly in order to arrive at an understanding as to the most efficient
measures to be jointly or separately taken to meet the particular situation.
Article III.—This Agreement shall remain in force for ten years from the
time it shall take effect, and after the expiration of said period it shall continue to
be in force subject to the right of any of the high contracting parties to terminate
it upon twelve months’ notice.
Article IV.—This Agreement shall be ratified as soon as possible in accord-
ance with the constitutional methods of the high contracting parties and shall
take effect on the deposit of ratifications, which shall take place at Washington,
and thereupon the Agreement between Great Britain and Japan which was con-
cluded at London on July 13th, 1911, shall terminate.
Reservations.—The signing of this Treaty is on the part of the United States
subject to (reservations affecting) the island of Yap and whit are termed the
Mandate Islands in the Pacific Ocean, north of the Equator, the negotiations in
regard to which are almost con du led, and also the reservations with resp*ct to
what are termed the Mandate Islands in the Pacific Ocean south of the Equator.
:
2
86 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 ay:ree 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
contnoversy. They agree to take similar action in the case of aggression by any
other Power upon these insular possessions or dominions. This Agreement is to
remain in force for tea 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 plaiti and
direcb clauses. The surest way to prevent war is to remove the cause of war.
This is an attempt to remove the cause of war over a great, area of the globe’s
surface by reliance upon the good faith and honest intentions of the nations which
signed this Treaty solving all differences through a process of diplomacy and joint
consideration and conciliation.
TERRITORIAL AND ADMINISTRATIVE INTEGRITY OF CHINA
The Far Eastern Committee of the Conference unanimously adopted a resolu-
tion declaring in favour of the territorial and administrative integrity of China.
The resolution, which was drafted and presented by Senator Root, was signed by
eight Powers, China refraining from appending her signature as being unfitting
in a document regarding herself.
. Following is the text of the resolution:—“It is the .firm intention of the
Powers attending the Conference, firstly, to respect the sovereignty, independence
and territorial and administrative integrity of China; secondly, to provide the fullest,
unembarrassed opportunity for China to develop and to maintain an effective and
stabie 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 tihinese territory ; fourthly, to refrain from faking,
advantage of present conditions in order to seek special rights and privileges
abridging tbe 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 resolut ion adopted by the Com-
mittee on the 21st nit.” (i.e., Senator Root’s resolution declaring for the territorial
and administrative integrity of China).
WASHINGTON CONFERENCE RESOLUTIONS
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 1st, 1923,
as the date of relinquishment.
The text of the resolution is:— “ Recognising the justice of the desire expressed
by the Chinese Government to secure the abolition of foreign postal agencies in
China, save or except in leased territories or otherwise specifically provided for by
freaty, it is resolved :
“ I:—That the four Powers having such postal agencies agree to their
abandonment, subject to the following conditions : First, that an efficient Chinese
postal service be maintained; second, that an assurance be given by the Chinese
Government that they contemplate no change in the present postal administration
as far as the status of the foreign Co-Director-General is concerned.
“Us—To enable China and the Powers concerned to make the necessary
dispositions this arrangement shall come into force riot 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 ihe Customs regulations and laws of China.”
EXTRA-TERRITORIAL RIGHTS IN CHINA
A resolution was unanimously adopted by the Par Eastern Committee rela'ive to
the Extra-Territorial Question, tt provides that the Powers concerned shall establish
a Commission, to which each shall appoint a plumber, 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 L gislation 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 mont'.s after the adjournment
of the Conference, and be instructed to submit its report and recommendat ions within
a year after the Commission’s first meeting. Each of the Powers shall be deemed free
to accept or reject all or any portion of the recommendations, but in no case are any
of the Powers to make acceptance directly or indirectly dependent oil 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 < hina’s satisfaction with the sympathv
of the Powers in regard to the abolition of extra-territoriality, and declares China’s
inttntion to appoint a Chinese member of the Extra-Territoriabty Commission, it
being understood that China is free to accept or reject any or all of the recommenda-
tions of the Commission. China is prej ared to co-operate in the work of the
Commission and in every way to facilitate the successful accomplishment of its task
-3H WASHINGTON OONFERhlNOE RESOLUTIONS
RADIO STATIONS IN CHINA
A report was submitted by the Sub-Committee on Drafting relating to radio
stati ons for China which states that representatives of the nine Powers at the
Conference decided that all radio stations in China, whether maintained under the
provisions of the International Protocol of September, 1901, or, in fact maintained
on the groun Is of any of the foreign Legations i i China, shtll be limited in use to
sending and receiving Government 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.
Ail radio stations on Chinese territory operated by foreign Governments’ sub-
jects under treaties or concessions shall limit the messages sent or received by the
terms of the treaty or concession under which the respective stations are maintained.
Any radio station maintained without the authority of the Chinese Government shall
be transferred to China to be operated under the direction of the Chinese Ministry of
Communications, against compensation t > the owners for the value of the installation,
as soon as the Ministry is prepare 1 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
Internal ion il 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 poliry designed to stabilize conditions in the Far East,
to safeguard the rights and imerests of China, and to promote intercourse between
China and the other Powers upon the basis of equality of opportunity, have
resolved to conclude a Treaty for that purpose and to that end have appointed
as their respective plenipotentiaries (Here follow the names of the plenipoten-
tiaries), who, having communicated to each other their full powers, found to be in
good and due form, have agreed as follows:—
Article I.
The contracting Powers, other than China, agree:
1. —To respect the sovereignty, the independence, and
and administrative integrity of China.
2. —To provide the fullest and most unembarrassed opp
to develop and maintain for herself an effective and stable Government.
WASHINGTON CONFERENCE RESOLUTIONvS
3. —To use their influence for the purpose of effectually e
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
special rights or privileges which would abridge the rights of subjects or citizens
of friendly States, and from countenancing action inimical to the security of such
States.
Article II.
The contracting Powers agree not to enter into any treaty, agreement,
arrangement or understanding, either with one another or individually or
collectively, with any Power or Powers, which would infringe or impair the
principles stated in Article I.
Article III.
With a view to apply more effectually the principles of the open door or
equality of opportunity in China for the trade and industry of all nations, the
con racting Powers, other than China, agree they will not seek nor support
their respective nations in seeking :
(a) Any arrangement which might purport to establish in favour of their
interests any general superiority of rights with respect to commercial or economic
development in any designated region in China.
(ft) 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 puMic enterprise, or which by reason of its scope, duration or
geographical extent is calculated to frustrate the practical application of the
principle of equal opportunity.
It is understood that the foregoing stipulations of this article are
not to be so construed as to prohibit the acquisition of such properties or rights as
may be necessary to the conduct of a particular commercial, industrial or financial
undertaking or to the encouragement of invention and research.
China undertakes to be guided by the principles stated in the foregoing
stipulations of this article in dealing with applications for economic rights and
privileges from Governments and nationals of 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, dir ct 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 tlie 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.
4>) WASHINGTON CONFERENCE RESOLUTIONS
Article 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; an 1 China declares tuat
when she is a neutral she will observe the obligations of neutrality.
Article VIJ.
The contracting Powers agree that whenever a situation arises which, in the
opinion of any one of them, involves the applic ition of the stipulations of the present
tretty, and ren lers desirable discussion of such application, there sh ill be full and
frank communication between the contracting Powers concerned.
Article VIII.
Powers not signatory to the present Treaty whl'h have governments recognised
by the signatory Powers and which have treaty relations with China shall be invited
to tvdh ire to the pres mt Treaty. To this en l the (iovernment 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 shill become
effective on receipt of notice thereof by the Government of the United St ites.
Article IX.
The present treaty shall be ratified by the cpntracting 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.
Thv! present treaty, of which the English and French te^ts are both authentic,
shall re nain deposited in the archives of t he Government of the United States, and
duly certified copies thereof shall be transmitted by that Government to ihe other
contracting Powers.
In faith whereof the above-named plenipotentiaries have signe l the present
Treaty.
Done at the City of Washington, the sixth day of February, one thousand
nine hundred and twenty-two.
THE BOARD OP REFERENCE
The following resolution was adopted as a supplement to the general Far
Eastern Treaty :
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
Desiring to provide a p'-ocedure for dealing with questions that may arise in
connection with the execution of the provisions or Articles III. and V. of t >e Treaty
to be signed at Washington on February 6th, 1922 with reference to their general
policy, designed to stabilize conditions in the Far E ist, to s-afeguard the rights and
interests of China, and to promote interest between China and the other Powers
upon the basis of equality of opportunity;
Res dve. That there shall be established in China a Board of Reference to
which any questions arising in connection with the execution of the aforesaid articles
may be referred for investigation and report.
The special conf-rence, provided in Article II, of the treaty to be signed at
Washington oh Febmary 6th, 1922, with reference to the Chinese Customs Tariff
shall formulate f >r the approval of the Powers concerned a detailed plan for the
constitution of the Board.
WASHINGTON CONFERENCE RESQiUTIONS H
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 cogna'e matters, and to that end have appointed as their plenipotentiaries
I (Here follows the names of the plenipotentiaries), who, having communicated to each
| other their full powers, found to be 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
efft ctive 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 imports into China, adopted by the
Tariff Revision Commission at Shanghai on Decemb r 19th, 1918, shall forthwith be
i revised so that rates of duty shall be equivalent to 5 per cent, effective, as provided
I 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
j per rent, ad valorem and who desire to participate therein.
The revision shall proceed as rapidly as possible with a view to its completion
within four montlis 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
I two months after its publication by the Revision Commission.
The Government of the United States, as convener of the present Conference, is
I requested forthwith to communicate the terms of this resolution to the Governments
I of Powers not represented at this Conference but who participated in the revision of
I 1918 aforesaid
Article II.
r Immediate steps shall be taken through a special conference to prepare the way
I, f°downthein speedy abolition of likin and for the fulfilment
Article VIII. of the treaty 61 September 6th, 1902,of between
the otherGreat
conditions
Britain laid
and
I China; in Article IV. and V. of the treaty of October 8th, 1903. between the United
I■ States and China ; and in Article 1. of the supplementary treaty of October
between Japan and China, with a view to levying the surtaxes provided for in these 8th, 1903,
| Articles.
42 WASHINGTON CONFERENCE RESOLUTIONS
The special Conference shrill be composed of representatives of the signatory
Powers, and of such other Powers as may desire to participate and may adhere to
the ' present treaty, in accord with the provisions of Article 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 present treaty on a day and at a place to be
designated by the Chinese Government.
Article III.
The special conference provided for in Article II. shall consider the interim
provision to be applied prior to the abolition of likin and the fulfilment of the other
conditions laid down in the articles of the treaties mentioned in Article II.; and it
shall authorize the levying of a surtax on dutiable imports as from such date, for
such purposes and subject to such conditions as it may determine.
The surtax shall he at a uniform rate of 2| per centum ad valorem, provided
that in case of certain articles of luxury which, in the opinion of the special Conference,
can bear a greater increase without unduly impeding trade, the total surtax may be
nereased, out 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 "f the aforesaid im-
mediate revision, in order to insure that the Customs duties shall correspond to the
ad valorem rates fixed by the special Conference provided in Article II.
Following this further revision there shall be for the same purpose periodical
revisions of the Customs schedule of duties of imports into China every seven years,
in lieu of the decennial revision authorized by existing treaties with China.
In order to prevent delay, any revision made in pursuance of this Article shall
be effected in accord with rules to be prescribed by the special Conference provided
for in Article IT.
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 laud and maritime frontiers of
China.
Article VII.
The charge for transit passes shall be at the rate of 2^ per centum ad valorem
until the arrangements provided for by Article II. come into force.
Article VIII.
Powers not signatory to the present Treaty, whose Governments are at present
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 CONFEKENCE KESOLfmONS 43
The Government of the United States undertakes to make the neces-sary com-
munications for this purpose and to inform the Governments of the contracting
Powers of the replies received. Adherence by any Power shall betome ehective on
receipt of notice thereof by the Government of the United States.
Article IX.
The provisions of the present Treaty shall override all stipulations of treaties
between China and the respective contracting Powers which are inconsistent there-
with. other than stipulations according most-favoured-nation treatment.
Article X.
The present Treaty shall be ratified by the contracting Powers in accord with
their respective constitutional methods and shall take effect on the date of the
deposit of all the ratifications, which shall take place at Washington as soon as
possible. The Government of the United States will transmit to the contracting
Powers a certified copy of the proces verbal of the deposit of ratifications.
The present Treaty, of which the English and French texts are both authentic,
shall remain deposited in the archives of the Government of the United States, and
duly certified copies thereof shall bo 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 coining to -Bangkok to trade must,
cither before or after entering the river, as may be found convenient, report the
arrival of his vessel at the Custom-house at Paknam, together with the number of
his crew and guns, and the port from whence he comes. Upon anchoring his vessel
at Paknam, lie will deliver into the custody of the Custom-house officers all his guns
tind 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 lined eight hundred ticals for having so disobeyed.
After delivery of her guns and ammunition she will be permitted to return to
Bangkok to trade.
Art. III.—When a British vessel shall have cast anchor at Bangkok, the master,
unless a Sunday should intervene, will within four and twenty hours after arrival
proceed to the British Consulate, and deposit there his ship’s papers, bills of lading,
etc,, together with a true manifest of his import cargo; and upon tlie Consuls
reporting these particulars to the. Custom-house permission to break bulk will at once
be given by the latter.
For neglecting so to report his arrival or for presenting a false manifest, the
master will subject himself, in each instance, to a penalty of four hundred ticals; but
he will be allowed to correct, within twenty-four hours after delivery of it to the
Consul, any mistake he may discover in his manifest, without incurring the above-
mentioned penalty.
Art. IV.—A British vessel breaking bulk, and commencing to discharge, before
due permission shall be obtained, or smuggling, either when in the river or outside
the bar, shall be subject to the penalty of eight hundred ticals and confiscation of
the goods so smuggled or discharged.
Art. V.—As soon as a British vessel shall have discharged her cargo and
completed her outward lading, paid all her duties and delivered a true manifest of
her outward cargo to the British Consul, a Siamese port-clearance shall be granted
her on application from the Consul, who in the absence of any legal impediment to
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 ormust
passengers likewise
in any otherbecapacity
given of(seamen
the number andthenames
borne on of persons,
muster-roll who, in-as
excepted),
tend to leave Siam in a British vessel.
Art. VII.—Seunen, lascai's, and otlier.s belonging to Britisli vessels in the port
are strictly prohibited to wear side knives and other weapons while on shore.
Art. VIII.—Should any seaman or apprentice absent himself without leave, the
master will report his absence, if such exceeds twentv-four hours, at the Consulate
offices.
Art. IX.—-Anv 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 '45
exceeding ten pounds; or any such subject who wilfully harbours or secretes a person
deserted from his ship incurs a penalty not exceeding twenty pounds, if it be proved
that he had knowledge of his being a deserter.
In default of the payment of such fines, the offender is to be imprisoned in the
Consular gaol for any term not exceeding three months, with or without hard labour.
Art. X.—All cases of death, and especially of sudden death, occurring on board
of British vessels in the port of Bangkok must be immediately reported at the
Consulate.
Art. XI.—The discharge of guns from vessels anchored iu the port of Bangkok,
without notice having been previously given, and permission obtained through ELM.
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 suchan act
renders himseli liable to a penalty not exceeding twenty pounds, or in default thereof
to an imprisonment in the Consular gaol for a period of not more 'than one month.
Art. XIII.—When a vessel under the British flag is ready to leave the port of
Bangkok, the master will give notice at the Consulate office, and hoist a blue peter
twenty-four hours before departure, which is to fly until she breaks anchorage.
Art. XIY.—Should any vessel take in or discharge cargo subsequent to the issue
of the Siamese pert 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 ill00), 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
L-~The undermentioned Articles shall be entirely free from Inland or other
taxes, on production of transit pass, and shall pay Export Duty as follows
Ticai, Salting Fuang Hun
23 Ga' rbos-e horns
Rhinoceros’
4 Cardamons, best
667 Cardamons,
Dried mnssels bastard
89 Pelicans’
Betel nut,
Kraehi wood
quills
dried
10 Sharks’ tins, white
black . .
12111;' Sharks’
ukkrahanfins,tails
!Peacocks’ seed 03 perper100picul(tails
101416 Hide Buffalo and cow
Rhinoceros’
cuttings hidesbones
1718 Turtle shell
1920 Soft ditto
Beche-de-mer
Fish maws
21 Birds’ nests, uncleaned ...
232422 Kingfishers’feathers...
Catch
Beyche seedseed(Nuz Vomicaj
2526 Gum Pungtarai
Benjamin
2728 Angrai Agilla bark
wood
2930 Old Bay skins
31 Soft,deers’ hornsditto
or young
46 TARIFF OF DUTIES-SIAM
Tjcal83 Salung 00 F uang
00 Hun0 per 100 hide*
3233 Deer
Deer hides, fine
hides, common .
3436 Deer sinews 4 !1 0
00 0
00 00 per„picul
Buffalo
36 Elephants’ and cow
bones hides
383987 Tigers’
Buffalo bones
hornshides 005 01
10 00
Elephants’
4041 Tigers’ sl 41 01 00
4243 Armadillo
Sticblac skins
Hemp 12 00
4416 Dried
Dried Fish, Plaheng , 11 20 0
Fish, Plusalit 0 20 1
4716 Sapanwi
Salt meatodbark 032 1000
496048 Eosewood
Mangrove 2
61 Rice Ebony 41 4100 0 per koyat
II.—The undermentioned Articles being subject to the Inland or Transit duties
herein named, and which shall not be increased, shall be exempt from export duty;—
5263 Sugar, White Tical
00 Salun 21 Fuang00 Hun 0 per picul
„
5466 Cotton, Rnd
clean and unoleaned. 10 per cent
6667 Paper
Salt
Beansfish,andPlatPeas 11 twelfth00
one 00 00 p 1,000 fish
6859 Tilseed
Dried Prawns
60.
6162 Silk,
Bees’ raw
wax
Tawool
6864 Tobacco
Salt 1one fifteenth
612 00 00 000 p.per
per koyan
picul
0 1,000 bdles.
HI.—All goods or produce unenumerated in this Tariff shall be free of Export
Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding
the rate now paid.
TREATY BETWEEN GREAT BRITACN 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, liaiph Paget, Esq., his Envoy Extra-
ordinary and Minister Plenipotentiary, etc.; His Majesty the King of Siam, His
Royal Highness Prince Devawongse Varoprakar, Minister for Foreign Affairs, etc.;
who, after having communicated to each other their respective full powers, and
found them to be in good and due form, have agreed upon and concluded the follow-
ing Articles:—
Art. I.—The Siamese Government transfers to the British Government all
rights of suzerainty, protection, administration, and control whatsoever which they
possess oyer 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 47
Art. II.—The transfer provided for in the preceding Article shall take place
within thirty days after the ratification of this Treaty.
Art. III.—A mixed Commission, composed of Siamese and British officers, shall
he appointed within six months after the date of ratification of this Treaty, and shall
be charged with the delimitation or the new fr ntier. The work of the Commission
shall be commenced as soon as the season permits, and shall he carried out in
accordance with the Boundary Protocol annexed hereto.
Subjects of His Majesty the King of Siam residing within the territory de-
scribed in Article I. who desire to preserve their Siamese nationality will, during the
period of six months after the ratification of the present Treaty, be allowed to do so
if they become domiciled in the Siamese dominions. His Britannic iVlajesty’s
Government undertake that they shall be at liberty to retain their immovable
property within the territory described in Article I.
It is understood that in accordance with the usual custom where a change of
suzerainty takes place any Concessions within the territories described in Article I.
hereof to individuals or companies, granted by or with the approval of the Siamese
Government, and recognized by them as still in force on the date of the signature of
the Treaty, will be recognized by the Government of His Britannic Majesty.
Art. IV.—His Britannic Majesty’s Government undertake that the Government
of the Federated Malay States shall assume the indebtedness to the Siamese Govern-
ment of the territories described in Article I.
Art. Y.—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 Consul .tes before the date of tiie present Treaty.
This system shall come to an end and the jurisdiction of the International
Courts shall be transferred to the ordinary Siamese Courts after the promulgation
and the coming into force of the Siamese codes, namely, the Penal Code, the Civil
and Commercial Codes, the Codes of Procedure, and the Law for organization of
Courts.
All other British subjects in Siam shall be subject to the jurisdiction of the
ordinary Siamese Courts under the conditions defined in the Jurisdiction Protocol.
Art. VI.—British subjects shall enjoy throughout the whole extent of Siam the
rights and privileges enjoyed by the natives of the country, notably the right of
property, the right of residence and travel.
They and their property shall be subject to all taxes and services, but these
shall not be other or higher than the taxes and services which are or may be imposed
by law on Siamese subjects. It is particularly understood that the limitation in the
Agreement of the 20th September, 1900, by which the taxation of land shall not
exceed that on similar land in Lower Burmah, is hereby removed.
British subjects in biam 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.
„ „ Dkvawonose Varoprakar.
Annex 1
Boundary Protocol Annexed to the Treaty
The frontiers between the territories of His Majesty the King of Siam and the
territory over which his suzerain rights have by the present Treaty been transferred
to His Majesty the King of Great Britain and Ireland are as follows:—
48 TREATY BETWEEN GREAT BRITAIN AND SIAM
Commencing from tbe most seaward point of the northern bank of the estuary
of the Perlis River and thence north to the range of hills which is the waters bed
between, the Perlis River on the one side and the Pujoh River on the other; then
following the watershed fori red by the said range of hills until it reaches the main
watershed or dividing line between those rivers which flow into the Gulf of Siam on
the one side and into the Indian Ocean on the other; following this main watershed
so as to pass the sources of the Sungei Patani, Sungei Telubin, and Sungei Perak,
to. a point which is the source of the Sungei Pergau; then leaving the main watershed
and going along the watershed separating the waters of the Sungei Pergau from
the Sungei Telubin, to the hill called Bukit Jeli or the source of the main stream of
the Sungei Golok. Thence the frontier follows the thalweg of the mainstream of
the Sungei Golok to the sea at a place called Kuala Tabar.
'1 his line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei
Taujung Mas and tbe valley on the left or west bank of the Golok to Siam and the
whole valley of the Perak River and the valley on the right or east bank of the
Golok to Great Britain.
Subjects of each of the parties may navigate the whole of the waters of the
Sungei Golok and its affluents.
The island known as Pulo Langkawi, together with all the islets south of mid-
channel between Terutau and Langkawi and all the islands south of Langkawi shall
become British. Terutau and the islets to the north mid-channel shall remain
to Siam.
With regard to the islands close to the west coast, those lying to the north of
the parallel of latitude where the most seaward point of the north bank of the
Perlis River touches the sea shall remain to Siam, and those lying to the south of
that parallel shall become British.
All islands adjacent to the eastern States of Kelantan and 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 final, both by the Govern-
ments of His Britannic Majesty and that of fciiain, and they mutually undertake that,
so far as the bounoary 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 .vtate or province so affected shall be entertained or supported by either.
3. It shall be the duty of the Boundary Commission, provided for in Article III
of the Treaty of this date, to determine and eventually mark out the frontier above
described.
If during the operations of delimitation it should appear desirable to depart
from the frontier as laid down herein, such rectification shall not under any
circumstance be made to the prejudice of the Siamese Government.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
[Seal] (Signed) Ralph Paget.
Devawongse Taroprakak.
Annex 2
Protocol concerning the Jurisdiction applicable in the Kingdom of Siam to British
Subjects and annexed to the Treaty dated March 10, 1909.
See. 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.
1'EEATY BETWEEN GREAT BIMTAIX AND SIAM
Sec. 2.—The jurisdiction of the International Courts shall extend—
1. In civil matters: To all civil and commercial matters to which British subjects
shall be parties.
2. In penal matters: To breaches of law of every kind, whether committed
by British subjects or to their injury.
Sec. 3.—The right'of ’evocation in the International Courts shalTbe exercised
iu accordance with the provisions of Article VIII. 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
be an understanding between the Ministry for Foreign Affairs and the British
Legation at Bangkok for the disposal of eases 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.
Incases iu 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 Biitish 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 case would be tried at Bangkok. Notice of any such
application shall be given to the British Consular officer.
See. 5.—Article IX. of the Treaty of the 3rd September, 1883, is repealed.
Appeals against the decisions of the International Courts of First Insiance shall
be adjudged by the Siamese Court of Appeal at Bangkok. Notice of all such
appeals shall be communicated to His Britannic 'Majesty’s Consul, who shall have
| the right to give a written opinion upon the case to be annexed to the record.
The judgment on an appeal from either the International Courts or the ordinary
, Siamese Courts shall bear the signature of two European Judges.
Sec. 6.—An appeal on a question of law shall lie from the Court of Appeal at
Bangkok to the Supreme or Dika Court.
Sec. 7.—No plea of want of jurisdiction based on the rules prescribed by the
present Treaty shall be advanced in 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 j urisdiction contemplated by the present Treaty and Protocol, it is agreed:—
(a) All cases in which action shall be taken subsequently to the date of the
ratification of this Treaty shall be entered and decided in the competent International
or Siamese Court, whether the cause of action arose before or after the date of
ratification.
(b) All cases pending in His Britannic Majesty’s Courts in Siam on the date of
V the ratification of this Treaty shall take their usual course in such Courts and in any
. Appeal Court until such cases have been finally disposed of, and the jurisdiction of
;i 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
y Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
[Seal] (Signed) BAnPH Packet.
„ ,, Devawonose Varoprakar.
50 TREATY BETWEEN GREAT BRITAIN AND SIAM
Annex 3
Mr. Paget to Prince Devawongse
M. le Ministre, March 10, 1909.
In view of the position of British possessions in the Malay Peninsula and of the
contiguity of the Siamese Malay provinces with British-protected territory. His
Majesty's Government are desirous of receiving an assurance that the Siamese
Government will not permit any danger to arise to British interests through the use
of any portion of the Siamese dominions in the peninsula for military or naval
purposes by foreign Powers.
His Majesty’s Government would therefore request that the Siamese Govern-
ment shall not o de or lease, directly or indirectly, to any foreign Government any
territory situated in the Malay Peninsula south of the southern boundary of the
Monthon Rajaburi, or in any of the islands adjacent to the said territory; also that
within the limits above mentioned a right to establish or lease any coaling station, to
build or own any construction or repairing docks, or to occupy exclusively any harbours,
the occupation of which would be likely to be prejudicial to British interests from a
strategic point of view, shall not be granted to any foreign Government or Company.
Since this assurance is desired as a matter of political expediency only, the
phrase “coaling station” would not he held to include such small deposits of coal as
may be required for the purposes of the ordinary shipping engaged in the Malay
Peninsula coasting trade.
Prince Devawongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909.
I have the honour to acknowledge receipt of your note of this date, in which
you express the desire of your Government that the Siamese Government shall not
cede or lease, directly or indirectly, to any foreign Government any territory situated
in the Malay Peninsula south of the southern boundary of the Monthon Bajaburi
or in any of the islands adjacent to the said territory; also that within the limits
above-mentioned a right to establish or lease any coaling station, to buiLl 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 VaropraRar.
Prince Devaivongse to Mr. Paget
M. le Miutstre, 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 this
guarantee when it shall be no longer needed; and, moreover, that in any negotiations
in connection with such a modification or release the matter may be treated upon its
merits alone, and not as a consideration for wbich some other return should be expected.
The Siamese Government appreciates that a Treaty like the one signed to-day
marks an advance in the administration of justice in the kingdom. The conclusion
of such a Treaty is in itself a sign of progress. It is the intention of the Siamese
Government to maintain the high standard in the administration of justice which it
has set before it, and towards which it has been working for some time.
In this connection I take pleasure in acknowledging the contribution which Mr.
J. Stewart Black has made to this work.
TREATY BETWEEN UNITED KINGDOM AND SIAM 51
I wish also to say that provision will be made for the treatment of European
prisoners according to the standard usual for such prisoners in Bufmah and the
Straits Settlements.
(Signed) Devawonose V.a ropuakar.
Mr. Paget to Prince Bevawongse
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
wih be prepared in due course to consider the question of modification of or release
from this guarantee when it shall no longer be needed. His Majesty’s Government
are also willing that in any negotiations in connection with such a modification or
release the matter shall be treated upon its merits alone, and not as a consideration
for vvhich some other return shall be expected.
His Majesty’s Government learn with much satisfaction that it is the intention
of the Siamese Government to maintain the high standard in the administration of
justice which it has set before it, and towards which it has been working for some
time; and I may assure your Royal Highness that it will be the aim of His Majesty’s
Government in every manner to second the 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) Rai.ph Paoet.
AGREEMENT BETWEEN THE UNITED KINGDOM AND
SIAM RESPECTING THE RENDITION OP PUGITIVE
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 Hiam, hereby agree as follows:
Art. I.—The provisions of the Extradition Treaty between His Britannic
Majesty and His Majesty the King of Siam, signed at Bangkok on the 4th day of
March, 1911, shall be deemed to apply, so far as local circumstances permit, to the
rendition of fugitive criminals between the territories of His Majesty the King of
Siam and the State of N orth Borneo.
Ait. IT.—In pursuance of the provisions of Article o of the said Extradition Treaty
there shall reciprocally be no obligation on the part of the State of North Borneo to
surrender to Siam any person who is a subject of that State or a British subject.
Done in duplicate at Bangkok, the 18th day of September, in the year 1913 of
Christ, and in the year 2456 of Buddha.
[l.s.] Arthur Peer.
,, Devawongse Va roprakar.
GREAT BRITAIN AND FRANCE
DECLARATION SIGNED BY GREAT BRITAIN AND
PRANCE RESPECTING SPHERES OP INPLUENCE
Signed a.t London, 15th January, 1896
Tlie undersigned, duly authorised by their respective Governments, have signed
the following Declaration :—
I. —The Governments of Great Britain and France engage
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 tei-ritory lying to the north of the basin of the
Menam and situated between the Anglo-Siamese frontier, the Mekong Riverj 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 Prance 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 Prance
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 any
two Powers may agree and which they shall think necessary in order to uphold
the independence of the Kingdom of Siam. 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. —Prom the mouth of the Nam Huok northward
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 not exercise any jurisdiction or
authority within the possessions or sphere of influence of the other.
The police of the islands in this part of the river, which are separated from
the British shore by a branch of the river, shall, so long as they are thus separated,
be entrusted to the French authorities. The fishery shall be open to the
inhabitants of both banks.
1Y.—The two Governments agree that all commercial and other privileges and
advantages conceded in the two Chinese provinces of Yunnan and Szechuen either
to Great Britain or Prance, in virt ue of their respective Conventions with China
of March 1. 1894, and June 20, 1895, and all privileges and advantages of any
nature which may in the future be conceded in these two Chinese provinces, either
to Great Britain or Prance, 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 FAR EAST
[Note.— E.O. signifies “effectively opened.”
I.—CHINA
/«) Treaty ports and places opened by China to foreign trade:— ,
Aigun (Sino Japanese Treaty, 1905 ; actually opened, June 28, 1907).
Amoy (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, 1908, E.O. July 1, 1904).
Chefoo (Yentai or Tangchow) (Tientsin, 1858, E.O. 1801). a
Chinan (Imperial Decree, 1904, E.O. January 20, 1906).
Ching-wang-tao (Imperial Decree, 1898).
Cbinkiang (Tientsin, 1858, E.O. 1861).
Choutsun (Imperial Decree, 1904, E.O. January 20, 1906).
Chungking (Additional Article, Peking, 1890; Shimonoseki, 1895).
Dairen (Dalny) (by Japan, E.O. September 1, 1906).
Fakumen (Japanese Treaty, 1905, E.O. September 10, 1906).
Feng Huang Cheng (Sino-Japanese Treaty, 1905; actually opened, June 28,1907).
Foochow (Nanking, 1842).
Hailar (Sino-Japanese Treaty, 1905 ; actually opened, June'28, 1907).
Hangchow (Shimonoseki, 1895).
Hankow (Tientsin, 1858, E.O. 1861). I
Harbin (Japanese Treaty, 1905, E.O, January 14, 1907).
Hun Chun (Sino-Japanese Treaty, 1905; actually opened, June 28, 1907).
hshang (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, 1858J.
Kong Kung Market (Special Article, 1897, modifyingBurmahConvention, 1894).
Kongmoon (Shanghai Treaty, 1902).
Kowloon, port of entry for Canton.
Kuang-chouwan (leased to France).
Lappa, port of entry for Canton.
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 C. 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. 186!). 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).
a-Tangchow
b Hankow andis1860,
the port named
Kiukiang were in the Treaty,
selected, byunderbut Chefoowith
arrangement is thetheportChinese
actuallyG opened.
>vernment, in
November, as ports to be
c Yingkow is the port of Newchwang. opened Article X. of the Treaty of Tientsin,
54 FOREIGN TRADE IN THE FAR EAST
Situhsiug (Sino-Ja| anese Treaty, 1905 ; actually opened, June 28, 1907)
Santuao (or Funiny; (Imperial Decree, 1898).
Shanghai (Nankin;/, 1842).
Shashi (Shimonoscki, 1895).
Sinminting (Japanese Treaty, 1905. E.O. October 10, 1906).
Soochuw (Shimunoseki, 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 10, 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 Burmab Convention, 1894)
Wuhu (Chefoo, 1876, E.O. 1877).
Wusung (Imperial Decree, 1898).
Yochow (Imperial Decree, 1898).
Ports of call:—
(1) On the Yang-tsze, for passengers and cargo—
Ho-kou (Chefoo Convention, 1876).
Luchikou (Chefoo Convention, 1876).
Nganking (Anking) (Chel'oo Convention, 1876).
Tatung (Chefoo Convention, 1876).
Wu-Sueh (Chefoo Convention, 1876).
(2) On the Yang-tsze, for passengers—
Hwangchow (Yang-tsze Regulations, 1898).
Hwang-tze-kang (Yang-tsze Regulations, 1898).
I-chang b (Yang-tsze Regulations, 1898).
Kiang-yin (Yang-tsze Regulations, 1898).
(3) On the West River, for passenger and cargo—
Do-Sing c d (by Shanghai Treaty, 1902).
Komchuk (Burmah Convention, 1897).
Lo-ting-bau (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 J
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
ab Not
Ohao-Chow is the portwith
to beforconfounded namedIchang,
in thetheTreaty.
Treaty
e Opened
of His passenger
Majesty’s traffic in
Consul-General January,
prior 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
II.—COREA
Treaty ports
Chemulpo (opened 1880 under Japanese Treaty, 1876).
Chinnampo (opened October 1, 1897).
Cliungchin (opened April 1, 1908).
Fusan (Japanese Treaty, 1876).
Kansan (May 1, 1899).
Masampo (May 1, 1899).
Mokpo (October I, 1897).
Seoul (Hanyang) (British Treaty, 1883).
Songchiu (May 1, 1899).
Wonsan (or Gensan) (opened 1880 under Japanese Convention, 1879).
Ping-yang (held to be open by Agreement among foreign Representatives
at Seoul, November, 1899).
Tang-wha-chin (opened 1883 under Japanese Convention, 1882).
Yongampo (date of opening not yet fixed).
Wiju (date of opening not yet fixed).
N.B.—At Yongampo and Wijo the Customs opened offices in July, 1906, and
foreigu 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
Treats'.’'
g At the port
1st December, 1907:—of Awomori the following additional goods may be imported from the
Tinplates, iron tubes, solder.
h At the port
the exception of Muroran
of those prohibitedall byarticles
Articlemay10beof the
imported
CustomsafterTariff
the 1st
Law,'December, 1907, with
i Ah the port of Wakamatsu the following goods may be imported:—
Freshunhulled
Rice, eggs.
ore. rice, barley, wheat, oats, Indian corn and beans.
Ironiron.
Pig
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,
fc Opening notified by Decree of Formosan Government, dated August, 1899.
t The1907,
1st July, Portbyof Kakoko
Decree offorFormosan
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
wt The name in brackets in this case, as in the case of each of ports of Formosa and of
question.
THE FOREIGN JUltTSHTGTION ACT. 1890
53 and 54 VroTORiA. Chaptkr 37
An Act to Consolidate the Foreign Jurisdiction Acts
[4th 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 of 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 tbe same, as follows :
Exercise oi ex 1.—It is and shall be lawful for Her Majesty the Queen to hold,
foreisnMnntV ercise, 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 of territory.
Exercise of w om2.—Where a foreign country is not subject to any government from
^riush^ahjecu ^ by
in countries lar recited ^erthisMajesty
Act, theMajesty
Her Queen might
shall byobtain
virtuejurisdiction
of this Actinhave
thejurisdic-
manner
Kofernments. ^ingon tooverthatHercountry,
Majesty’sandsubjects
that jurisdiction shall be jurisdiction resort-
for the time being resident in or of Her
Majesty in a foreign country within the meaning of the other provisions
of this Act.
Vaiiditj of acts 3.—Every act and thing done in pursuance of any jurisdiction of Her
ance- of jurisdic- according
tion Majesty into atheforeign country
local law then inshall
forcebeinasthat
validcountry.
as if it had been done
Evidence as to 4.—(1) If in any proceeding, civil or criminal, in a Court in Her
extenTof juris-
diotionin Majesty’s arises
foreign question dominions ortheheld
as tocountry, under ortheextent
existence authorityanyoljurisdiction
Her Majesty, any
country. Majesty in a foreign a Secretary of Stateof shall, of Her
on the application
of the Court, send to the Court within a reasonable time his decision on
the question, and his decision shall 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.
rower to extend 5.—(1) It shall be lawful for Her Majesty the Queen in Council,
First‘schedule. described
^ thinks in thefit, First
by Order to direct
Schedule to thisthatAct,alloror any
any enactments
of the enactments
for the
time being in force amending or substituted for the same, shall extend,
with or without any exceptions, adaptations, or modifications in the
Order mentioned, to any foreign country in which for the time being
Her Majesty has jurisdiction.
t'OEBlGN JUKISDIOTIOX ACT, 1890
(2) Thereupon 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. —(l) Where a person is charged with an offence cogniza
a British court in a foreign country, any person having authority derived ^[hTffen'ce^for
from Her Majesty in that behalf may, by warrant, cause the person so trial098essl0n
to a B-itish
charged to be sent for trial to any British possession for the 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 ns is authorised in that behalf by Order in Council, or, if no
courtis so authorised, the supreme criminal court of that possession,may
cause him to be kept in safe and proper custody, and so soon as con-
veniently may be may inquire of, try, and determine 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 foreign 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 tin
trial in the British possession :
(b) In such case the British court in the foreign country shall
proceed in the examination and cross-examination of the witness
as though lie 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 whicli 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:
id) 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 the act alleged to have been committed, or
the nature or degree of the offence, or the punishment thereof,
if the law differs in those x-espects 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 bv that court to suffer death, penal servitude, piac® °1 Punish
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 eompetelit court in that place.
58 FOREIGN JURISDICTION ACT, 1890
Validity of acts British
doneunderOi-dei- 8. Where,
court inbya Order
foreignincountry
Councilismade in pursuance
authorised to orderofthethisremoval
Act, anyor
' deportation of any person from that country, that removal or deportation,
and any detention for the purposes thereof, according to the provisions
of the Order in Council, shall be as lawful as if the order of the
court were to have effect wholly within that country ,
cower to assign 9. It shall be lawful for Her Majesty the Queen in Council, by
^ritUbCourtsia
oases within held Order,under
to assign to or confer
the authority of HeronMajesty,
any court
anyinjurisdiction,
any Britishcivil
possession, or
or criminal,
jnris to or conferred on ai y British court in any foreign country, and to be assigned
make such provisions and regulations as to Her Majesty in Council seem
meet respecting the exercise of the jurisdiction so assigned or conferred,
and respecting the enforcement and execution of the judgments, decrees,
orders, and sentences of any such court, and respecting appeals therefrom.
10. It shall be lawful for Her Majesty the Queen in Council to revoke
or vary any Order in Council made in pursuance of this Act.
Laying before
Parliament, 11. Every Order in Council made in pursuance of this Act shall be
and
Orderseffect of laid before beboththenHouses of Parliament forthwith after it is made, if
Oonncilin Parliament in session, and if not, forthwith after the commence-
ment of the then next session of Parliament, and shall have effect as if it
were enacted in this Act.
12. —(1) If any Orde
Council void respects
repugnancy.
any foreign country is in any respect repugnant to the provisions
of any Act of Parliament extending to Her Majesty’s subjects in that
country, or repugnant to any order or regulation made under the authority
of any such Act of Parliament, or having in that country the force and
effect of any such Act, it shall be read subject to that Act, order, or
regulation, and shall, to the extent of such repugnancy, but not otherwise,
be void.
(2) An Order in Council made in pursuance of this Act shall not be,
or be deemed to have been, void on the ground of repugnancy to the
law of England unless it is repugnant to the provisions of some such
Act of Parliament, order, or regulation as aforesaid.
Provisions offor person13. for any act done in pursuance
protection —(1) An action,
or execution or intended
acting Un di execution
r ei under rc er n of this Act, or of any enactment repealed by this Act, or of any
tio n Act9 * ° OMajestyl i asCouncil
is mentioned in this Act, or in respectsuch
made under this Act, or of any jurisdiction
of any of Her
aUeged neglect
Or default in the execution of this Act, or of any such enactment, Order
in Council, or jurisdiction as aforesaid, shall not lie or be instituted:
(a) in any court within Her Majesty’s dominions, unless it is
commenced within six months next after the act, neglect, or
default complained of, or in case of a continuance of injury or
damage within six months next after the ceasing thereof, or
where the cause of action arose out of Her Majesty’s dominions
within six months after the parties to the action, suit, prosecu-
tion, or proceeding have been within the jurisdiction of the
court in which the same is instituted ; nor
(b) in any of Her Majesty’s courts without Her Majesty’s dominions
unless the 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, m case
of a continuance of injury, or damage, within six months next
after the ceasing thereof.
FOREIGN JURISDICTION ACT, 1890 59
(2)—In any such action, suit, or proceeding, tender of amends before
the same was commenced may be pleaded in lieu of or in addition to any
other plea. If the action, suit, or proceeding was commenced after such
tender, or is proceeded with after payment into court of any money in
satisfaction of the plaintiff’s claim, and the plaintiff does not recover
more than the sum tendered or paid, he shall not recover any costs
incurred after such tender or payment, and the defendant shall be entitled
to costs, to be taxed as between solicitor and client, as from the time of
such tender or payment; but this provision shall not affect costs on any
injunction in the action, suit, or proceeding.
14. —It shall be lawful for Her Majesty the Queen in Council
make any law that may seem meet for the government of Her Majesty’s ^“^ps m cer-
subjects being in any vessel at a distance of not more than one hundred m HS Brn8ea*-
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 of this A
extends to persons enjoying Her Majesty’s protection, that expression plrinrl1,j1e0'^,of In shall include all subjects of the several Princes and States in India. °e».
16. —In this Act,—
The expression “ foreign country ” means any country or place out „ „ ,
of Her Majesty’s dominions: * Oeflnit.on.,
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 m
be revoked or varied by Her Majesty by Order in Council. SeconTsohodnle.
18. —The Acts mentioned in the Third Schedule to this Act a
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 tnis
Act ; and
(2) Any enactment, Order in Council, or document referring to any
enactment repealed by this Act shall bo construed to refer to
the corresponding enactment of this Act.
19. —(1) This Act may be cited as the Foreign Jurisdiction A
1890.
(2) The Acts whereof the short titles are given in the First Schedule
to tliis Act may be cited by the respective short titles given in that
schedule.
ao FOKEIUN JURISDICTION ACT, 1»90
SCHEDULES
FIRST SCHEDULE (Sections 5 and 19)
j; Enactments which
ANDSession
ChAPTEK. MAT BE EXTENDED
byI Council.
Order in Short Titlr.
12 & 13 Yict. c, 96. - An Act to provide for the Pro- J The whole Act. Admiralty (Colonial)Offences
Act,
sedition
Majesty’s and Trialof Offences
Colonies in Her |1 1849.
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, 186).
17 & 18 Viet. e. 104. Theevidence.
Merchant Shipping Act, i| Part eleven.
X.
19 A 20 Viet. c. 113. An1854.Act to provide for taking | The whole Act. Foreign Tribunals
evidence
Dominions inin Her
relation Majesty’s
to civil ! Evidence
1856. Act,
and commercial matters pend-
22 Viet. c. 20. AningActbefore Foreignfortribunals.
to provide taking i The whole Act. Evidence by Com-
evidence
ings pendingin Suits andTribunals
before Proceed- j| mission Act, 1859.
inin places
Her Majesty’s Dominions,
outtribunals.
of the juri.-dic- i j
22 & 23 Viet. e. 63. Antion oftosuch
Actmore afford Facilities for | The whole Act. British
tainmentLaw Ascer-
Act,
the certain Ascertain- 1859.
inment
one ofPart
Dominions,
the Law
of administered
Her Majesty’s i
i
the
thereof.Courts when pleadedPartin '
of another
33 122.& 24 Viet, o. Antures ActoftoH erenable the Legisla- \| The whole Act. Admiralty
sions Abroad Majesty’s
to make Posses-
Enact- Colonial)Offenoet
f1860. Act.
, ments
ment similar to
of the Actchapter the Enact-
ninth, George
the Fourth, thirty-
24 A 26 Viet. c. M, Anone,
the Act section
to
better
eight.facilities
afford
Ascertainment forof |j The whole Act. ] Foreign Law Ascer-
the Law of Foreign Countries tainment Aet.
when
in Her pleaded
Majesty’s in Courts with- j
Dominions.
1861.
30 124.A 31 Viet. c. The Merchant Shipping Act. I Section eleven.
37 A 38 Viet: c. 94.' The1867..Conveyancing (Scotland) i Section fifty-one.
44 A 45 Viet. c. 69., TheAct, 1874. Offenders
Fugitive Act, | The whole Ac.
48 A 49 Viet. c. 74/ The1881.Evidence by Commission j 1 be whole Act.
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. J Title. Extent of Repeal.
24 & 25 Viet. c. 31. !| An ofActoffences
for thecommitted
preventionbyandHerpunishment
Majesty’s The whole Act.
subjects
cent to within
the certain
colony of territories
Sierra Leone.adja-
26 & 27 Viet. c. 35. | An Act for thecommitted
ofsubjects
offences preventionbyandHerpunishment
Majesty’s ■ The whole Act.
in South Africa.
THIRD SCHEDULE (Section 18)
F. nactm ents repealed
!
Session and Chapter. Title or Short Title. Extent op Repeal.
2620 && 217 Viet.
Viet. c.c. 9475 TheActForeign
An Jurisdiction
to confirm an OrderofAct,injurisdiction
1843. con- i The
Council The whole
whole Act.
Act.
cerning the exercise
matters arising within the kingdom of f in
28 & 29 Viet. c. 116 •TheSiam.
Foreign Jurisdiction Act Amendment ! The whole Act.
29 & 30 Viet. c. 87 TheAct, 1865.Jurisdiction
Foreign, Act Amendment The whole Act-
33 & 34 Viet. c. 55 TheAct.
Siam 1866.
diction and Straits
1870. Act, 1875. Juris- The
Settlements
Act,Jurisdiction The whole Act.
3938 && 3940 Viet.
Viet. c.c. 4685 The Foreign
An offences
Act for against
more effectually punishing ! wholefourAct.and six.
Sections
the laws relating to
41 & 42 Viet. c. 67 ThetheForeign
slave Jurisdiction
trade. Act, 1878. The whole Act.
ORDERS IN COUNCIL
ORDEii 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 nrisdiction 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.
order00 °f This Order is divided into parts, as follows:—
Parts. Articles.
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 o*. 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.E.M. SUBJECTS IN CHINA AND COEEA 68
3. In the construction of this Order the following words and expres- tion interpret*,
sions have the meanings hereby assigned to them, unless there be some- -
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 dominions
exclusive of the United Kingdom.
“ British subject ” includes a British protected person, that is to say,
a person who either (a) is a native of any Protectorate of His
Majesty, and is for the time being in China or Corea; or (b) by
virtue of Section 15 of the Foreign Jurisdiction Act, 1890, or
otherwise enjoys His Majesty’s protection in China and Corea.
“ China ” means so much of the Empire of China as is within the
limits of this Order.
“Consular district ” means the district in and for which a Consular
officer usually acts, or for which he may be authorized to act,
for all Or any of the purposes of this Order by authority of the
Secretary of State.
“ Consular officer” means a Consul-General, Consul, Vice-Consul
Consular Agent, or Pro-Consul of His Majesty resident in China
or Corea, including a person acting temporarily, with the
approval of the Secretary of State, as or for a Consul-General,
Consul, Vice-Consul, or Consular Agent of His Majesty so
resident.
“Commissioned Consular officer” means a Consular officer holding
a commission of Consul-General Consul, or Vice-Consul from
His Majesty, including a person acting temporarily, with the
approval of the Secretary of State, or of His Majesty’s Minister
in China or Corea, as or for such a commissioned Consular
officer.
“Consulate” and “Consular office” refer to the Consulate and
office of a Consular officer.
“ The Court,” except when the reference is to a particular Court,
means any Court established under this Order, subject, however,
to the provisions of this Order with respect to powers and local
jurisdictions.
“ Foreigner ” means a subject or citizen of a State in amity with
His Majesty, including China and Corea.
“ Judge,” except where the context intends a reference to the Judge
of the Supreme Court only, includes Assistant Judge, and,
except where the context intends a reference in the Supreme
Court only, includes the officer for the time being holding a
Provincial Court.
“ Legal practitioner ” includes barrister-at-law, advocate, solicitor,
Writer to the Signet, and any person possessing similar
qualifications.
“ Lunatic ” means idiot or person of unsound mind.
“ Master,” with respect to any ship, includes every person (except a
pilot) having command or charge of that ship.
‘ Minister” means His Majesty’s Minister in China or in Corea, as
the case may be, and includes Charge d’Affaires or other chief
Diplomatic Representative.
ORDERS IN COUNCIL
“ Month ” means calendar month.
“Oa h” and “affidavit,” in the case of persons for the time being
allowed by law to affirm or declare, instead of swearing, include
affirmation and declaration, and the expression “ swear,” in the
like case, includes affirm and declare.
“Offence” includes crime, and any act or omission punishable
criminally in a summary way or otherwise.
“ Person ” includes Corporation.
“ Prescribed ” means prescribed by Regulations or Rules of Court.
“ Prosecutor ” means 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 matter, 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 and apparel, and any boat or other craft,
“ The Treasury ” means the Commissioners of His Majesty’s Treasury,
“Treaty” includes any Convention, Agreement, or Arrangement,
made by or on behalf of His Majesty with any State or G-overn-
ment, whether the Government of China or of Corea is a party
thereto or not.
“ Will” means will, codicil, or other testamentary instrument.
Expressions used in any rules, regulations, or orders made under this
Order shall, unless a contrary intention appears, have the same respective
meanings as in this Order.
4. (1) In this Order, words importing the plural or the sing liar
may be construed as referring to one person or thing, or to more than
one person or thing, and words importing the masculine as referring to
the feminine (as the case may require).
(2) Where this Order confers any power or imposes any duty, then,
unless a contrary intention appears, the power may be exercised and the
duty shall be performed from time to time as occasion requires.
(3) Where this Order confers a power, or imposes a duty on, or
with respect to, a holder of an office, as such, then, unless a contrary
intention appears, the power may be exercised and the duty shall be per-
formed by, or with respect to, the holder for the time being 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.
5. The jurisdiction conferred by this Order extends to the persons
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 herein 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 not.
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 ai-e,
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.
o. 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 Jun8dlctlol>-
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. —(1) There shall be a Court styled “ His Britannic Conscitutiou
Supreme Majesty’s
Supreme Court for China and Corea” (in this Order referred to as the ofCourt.
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, the opinion of the Judge, or, in his absence,
the Senior Assistant Judge, shall prevail.
(5) Subject to any Rules of Court, the Judge shall make any such
arrangements as he thinks fit for the distribution of the business of the
Court.
(6) If the Chief Justice in office at the passing of this Order becomes
the Judge of the Supreme Court under this Order, he shall retain the title
of Chief Justice during his tenure of office.
8. During a vacancy in the office of Judge, or in case of the illness or
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 ActingJudge.Assist-
Judge, or in case of the absence, or illness, or other incapacity of an ant
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,
is 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
OEDEES IN COUNCIL
The person so appointed shall, during the continuance of his appoint-
aoent, have all the power and authority of an Assistant Judge.
Additional
Assistant 10. The Secretary of State may appoint either a person qualified as
provided in Article 7, or a Consular officer to act as an additional Assis-
tant Judge, and any person so appointed shall, during the continuance of
his appointment, have all the power and authority of an Assistant Judge.
Seal of
Supreme 11. The Supreme Court shall have a seal, bearing the style of the
Court and such device as the Secretary of State approves, but the seal in
use at the commencement of this Order shall continue to be used until a
new seal is provided.
Officers
Supremeof 12. —(1) There sha
Crown Advocate, a Registrar, a Cliief Clerk, a Marshal, and such other
officers and clerks under such designations as the Secretary of State
thinks fit.
(2) The Secretary of State, dr His Majesty’s Minister in China or
Corea, as the case may be, may temporarily attach to the Supreme Court
such persons, being Consular officers, as he thinks fit.
(3) Every officer, clerk, and other person thus attached shall dis-
charge such duties in connection with the Court as the Judge may direct,
subject to any instructions of the Secretary of State.
Sheriff. 13. The Sheriff shall have all the powers and authorities of the
Sheriff of a county in England, with all the privileges and immunities of
the office, and shall be charged with the execution of all decrees, orders
and sentences made and passed by the Supreme Court, on the requisition
in that behalf of the Supreme Court.
He shall be entitled to such fees and costs as the Supreme Court
may direct.
Kegistrar. 14. The Registrar shall be appointed by His Majesty.
He shall be either a member of the Bar of England, Scotland; ' or
Ireland, or a Solicitor of the Supreme Court in England or Ireland, or a
Writer to His Majesty’s Signet, or a Sblicitor in the Supretne Courts of
Scotland.
He may also, with the approval of the Secretary of State, hold the
office of Chief Clerk of the Supreme Cohrt.
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 tiine therein mentioned, or until
the appointment is revoked by the Judge or disapproved or revoked by
the Secretary of State.
Tenure and
Judges Of 15. The Judge, each Assistant Judge, and the Registrar shall hold
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 persbn 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 and authorities
vested in that person shall continue and be deemed to have continued in
as full force—and he shall continue, and be deemed to have continued,
entitled to all the privileges and emoluments of the office as fully, and all
things done by him shall be and be deemed to have been as valid in law—
as if such warrant of revocation Or new appointment had not been
made.
H.B.M. SUBJECTS IN CHINA AND COEEA «7
17. The Supreme Court shall ordinarily sit at Shanghai; but may, Sittings
Supreme 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 Court.
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 Judges.
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) Provincial Courts.
19. —(1) Every commissioned Consular officer, Constitution
with the excep
those at Shanghai and with such other exceptions (if any) as the Secre- of Provincial
tary of State tliinks fit to make, shall for and in his Consular district Court.
hold 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 t at 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 seal of the Consular officer holding
the Court may be used.
(iii) Jurisdiction of Courts.
20. The Supreme Court, and each Provincial Court, shall, in the Courts Record.of
•exercise of every part of its jurisdiction, be a Court of Record.
21. All His Majesty’s jurisdiction, civil and criminal, including any Jurisdiction of
jurisdiction by this Order conferred expressly on a Provincial Court, SupremeCourt at
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 jurisdiction, civil and criminal, not under this J urisdiction of
Order vested exclusively in the Supreme Court, shall to the extent and in Provincial
the manner provided by this Order be vested in the Provincial < hurts.
23. The Supreme Court shall have in all matters, civil and criminal, Concurrent of
an original-jurisdiction, concurrent with the jurisdiction of the several Jurisdiction
Provin ial Courts, to be exercised subject and according to the provisions Supreme
of this Order.
24. —(1) The Registrar of the Supreme Court shall,ofsubject
Jurisdiction
directions of the Judge, hold preliminary examinations, and shall hear Registrar
and determine such criminal cases in that Court as are not, under this
Order, required to be heard and determined on a charge.
(2) Tue Registrar shall also have authority to hear and determine
such civil actions as may he assigned to him by the Judge, but actions
'3
m 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.
orCase reportedto
removed
Supreme
25. —(1) Where an
vincial Court, appears to that Court to be beyond its jurisdiction, or to
be one which for any other reason ought to be tried in the Supreme
Court, the Provincial Court shall report the case to the Supreme Court
for directions.
(2) The Supreme Court may of its own motion, or upon the report
of a Provincial Court, or on the application of any party concerned,
require any case, civil or criminal, pending in any Provincial Court to
be transferred to, or tried in, the Supreme Court, or may direct in what
Court and in what mode, subject to the provisions of this Order, any
such case shall be tried.
auxiliary to 26. The Supreme Court and every 'Provincial Court shall be
auxiliary to one another in all particulars relative to the administration
of justice, civil or criminal.
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.
28. Subject to the provisions of this Order, criminal and civil cases
may be tried as follows: —
(a) In the case of the Supretne Court, by the Court itself, or by the
Court with a jury, or with assessors.
(b) In the case of a Provincial Court by the Court itself, or by the
Court with assessors.
Process ol
Supreme 29. Any of His Majesty’s Courts in China or Corea may cause any
Court of
Hongkong. summons, order, or judgment issuing from the Supreme Court of Hong-
kong, in any civil proceeding, and accompanied by a request in writing
Immunity under the seal of that Court, to be served in China or Corea.
Legation. of 30. —(1) Notwithsta
not exercise 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
sxercise, 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, the giving or production thereof would be injurious to His
Operation of Majesty’s service.
Imperial 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 COEEA
possession, or of any Orders in Council other than this Order, are applic-
able in China or Corea, or any forms, regulations, or procedure prescribed
or established by or under any such Act, Law or Order, are made applic-
able for any purpose of this Order or any other order relating to China
or Corea, such Acts, Laws, Orders, Forms, Regulations, or procedure may
be construed or used with such alterations and adaptations not affecting
the substance as may be necessary having regard tp local circumstances,
and anything required to be done by, to, or before any Court, Judge, officer,
or authority may be done by, to, or before a Court, Judge, officer, or
authority having the like or analogous functions, or by, to, or before any
officer designated by the Secretary of State or by the Court (as the case
may require) for that purpose ; and the seal of the Supreme or Provin-
cial Court (as the case may be) may be substituted for any other seal,
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 proceedings in any
Gazette or otherwise, such publication shall in China or Corea be made
in such newspaper or by such other mode as the Court shall think fit
to direct.
Jurors and Assessors.
’*32.—(1) Every male resident British subject—being of the age of jury.
21 years upwards—having a competent knowledge of the English
language—having or earning a gross income at such rate as may be fixed
by Rules of Court—not having been attainted of treason or felony, or
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.
7J OflOEKS IN COUNCIL
(5) A jury shall be required tp 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 there may be one, two, or three Assessors,
as the Court thinks fit.
(3) In a Provincial Court there shall ordinarily be not fewer than
two, and not more than four, Assessors. Where, however, by reason of
local circumstances, the Court is able to obtain the presence of one
Assessor only, the Court may, if it thinks fit, sit with one Assessor only:
and where, for like 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 ca^e, 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 conviction or the amount of punishment awarded,
may r cord in the Minutes his dissent, and the grounds thereof, and shall
be entitled to receive without payment a certified copy of the Minutes.
Poaaitvendtor to a 34.—(1) Any person failing to attend as juror or Assessor according
*nf«! summons
be liable shallnobef. exceeding
to a fine deemed guilty of aa contempt
<£!(), but of Court,
person shall not beand
liableshallto
fine for non-atten lance unless he is resident in t ie 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.
III.—Criminal Matters.
Application of 35.—(I) Except as regards offences made or declared such by this
at K^iand.’' lations
or any other
made Order
under relating
any Order; to China or Corea, or by any Rules or Regu-
Any act that would not by a Court of Justice bavin; criminal
jurisdiction in England be deemed an offence in Engined, 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 ad nit, be exercised on
the principles of, and in conformity with, English law for the time being,
and with the powers vested in the Courts of Justice and Justices of
the Peace in England, according to their respective jurisdiction and
authority.
Local Jurisdiction in Criminal Matters.
36. Every Court may cause to be summoned or arrested, and brought
before it, any person subject to and being within the limits of its juris-
diction, and accused of having committed an off-moO cognizable under
this Order, and may deal with the accused accor ting to the jurisdiction
of the Court and in conformity with the provision^ of this Order.
H.B.M. SUBJECTS IN CHINA AND COKEA 71
37. For the purposes of criminal jurisdiction every offence and cause offence!Place ofor
of complaint committed or arising within the limits of this Order shall purpose? of
be deemed to have been committed or to have arisen, either in the place
where the same actually was committed or arose, or in any place where
the person charged or complained of happens to be at the t ime 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 another
found within another Consular district, the Court within whose district district.
he is found may proceed in the case to trial and punishment, or 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 murder or manslaughter Admiraltyif&«.either the
the criminal act which wholly or partly caused the death, happened offences,
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 accessory .after the fact to murder or manslaughter, as if both the
criminal act and the death had happened within that jurisdiction.
(2) In 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 board 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 Court. 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 to be
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 Persons.
40-—(1)
warrant issuingWhere
out ofaany
person
Court,accused
he shallof bean brought
offence before
is arrested on a accused
the Court BringingBefore
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 t he time and circumstances shall be
recorded in the Minutes.
41,—(1)
remanded Where
at any, timeanforaccused personseven
more than is indays,
custody,
unlesshecircumstances
shall not be Remand.
ORDERS IN COUNCIL
appear to the Court to make it necessary or proper that he should be
remanded for a longer time, which circumstances, and the time of re-
mand, shall be recorded in the Minutes.
(2) In no case shall a remand be for more than fourteen days at
one time, unless in case of illness of the accused or other case of
necessity.
Detention
sh ot 42. Where the Supreme Court or a Provincial Court issues a sum-
'p mons or warrant against any person on complaint of an offence committed
on board of, or in relation to, a British ship, then, if it appears to the
Court that the interests of public justice so require, the Court may issue
a warrant or order for the detention of the ship, and may cause the
ship to be detained accordingly, until the charge is heard and deter-
mined, and the order of the Court thereon is fully executed, or for such
shorter time as the Court thinks fit; and the Court shall have power to
make all such orders as appears to it necessary or proper for carrying
this provision into effect.
is locution of 43. Every Provincial Court shall execute any writ, order, or warrant
Supreme
Oourt. issuing therein
named from theforSupreme Court, and
his appearance may take
personally security
or by fromaccording
attorney, any personto
the writ, order, or warrant; or may cause such person to be taken in
custody or otherwise to the Supreme Court or elsewhere in China or
Corea, according to the writ, order, or warrant.
44.—(1) The Court may, in its discretion, admit to bail persons
accused of any of the following offences, namely :—
Any felony.
Riot.
Assault on any officer in the execution of his duty, or on any
person acting in his aid.
Neglect or breach of duty by an officer.
But a person accused of treason or murder shall not be admitted 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) The Supreme Court may admit a person to bail, although a
Provincial Court has not thought fit to do so.
(4) The accused who is to be admitted to bail, either on remand or
on or after trial ordered, shall produce such surety or sureties as, in the
opinion of the Court, will be sufficient to insure his appearance as and
when required, and shall with him or them enter into a recognisance
accordingly.
Trial with Jury or Assessors.
Trial with jury 45.—(1) Where the offence charged is treason or murder the case
must be tried on a charge before the Supreme Court with a jury.
(2) In each of the two following 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
dS20, 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
mav, with the consent of the accused, be tried without assessors or jury-
H.B.M. SUBJECTS IN CHINA AND COREA 78
In the Supreme Court, when the accused does not so consent, the charge
shall he tried with a jury, unless the Court is of opinion that a jury
cannot be obtained.
(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
Court with a jury or with assessors, he shall be tried as soon after the
making of the order as circumstances leasonably 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,
which notice, and the time thereof, shall be recorded in the Minutes.
47. —(1) The Supreme Court shall, when required by the S
of State, send to him a report of the sentence of the Court in any case sentence*,
tried before that Court with a jury or assessors, with a copy of the
Minutes and notes of evidence, and with any observations which the
Court thinks fit to make.
(2) Every Provincial Court shall, in accordance with Rules of Court,
send to the Supreme Court a report of the sentence of the Court in
every case tried by the Court with assessors, with such Minutes, notes
of evidence, and other documents as such Rules may direct, and with
any observations which the Court thinks fit to make.
Summary Trial.
48. Where the complaint discloses an offence which is not required summary
or directed to be heard on a charge, the accused may be tried summarily t,rial-
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 Preliminary
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
the Court shall proceed to make a preliminary examination in the
prescribed manner.
(2) On the conclusion of the preliminary examination, the Court
shall bind by recognizance the prosecutor and every witness to appear
at the trial to prosecute, or to, prosecute and give evidence, or to give
evidence (as the case may be), and if the case is to be tried in or reported
to another Court, shall forthwith send the depositions, with a minute of
other evidence (if any) and a report, to the Court before which the trial
is to take place.
50. Where a British subject is accused of an offence the cognizance Courtbefore
whereof appertains to any Court established under this Order, and it is Trial in His
Majesty’s
expedient that the offence be inquired of, tried, determined, and punished Dominions.
in a British possession, the accused may (under the Foreign Jurisdiction
Act, 1890, Section 6) be sent for trial to Hongkong or to Burma; and
the Supreme Court of Hongkong and the Sessions Court at Mandalay
shall respectively be the authorized Courts for the purposes of that
enactment.
The Court may, where it appears so expedient, by warrant under the
hand of a Judge and the seal of the Court, cause the accused to be sent
for trial to Hongkong or to Mandalay accordingly.
74, ORDEKS IN GOUNCIL
The warrant shall be sufficient authority to any person to whom it
is directed to receive and detain the person therein named, and to carry
him to and deliver him up at Hongkong or Mandalay, according to the
warrant.
Where any person is to be so sent to Hongkong or to Burma, the
Court before which he is accused shall take the preliminary examination,
and if it seems necessary and proper shall bind over such of the proper
witnesses as are British subjects in their own recognizances to appear
and give evidence on the trial.
BdfuMt
®iter to , 51.—(1) If a British subject, having appeared as prosecutor or
Into i witness
rooft^Aitaa' at a preliminary examination, refuses to enter into a recognizance
to appear at the trial to prosecute or give evidence, the Court may send
him to prison, there to remain until after the trial, unless in the mean-
time he enters into a recognizance.
(2) But if afterwards, from want of sufficient evidence or other
cause, the accused is discharged, the Court shall order that the person
imprisoned for so refusing be also discharged.
(3) Where the prosecutor or witness is not a British subject, the
Court may require him either to enter into a recognizance or to give
other security for his attendance at the trial, and if he fails to do so may
in its discretion dismiss the charge.
S».witnosses,
periBti3 ot 52. Subject to Buies of Court made under this Order, the Court
jurors, k". tomayanyorder payment of allowances in respect of their reasonable expenses
complainant or witness attending before the Court on the trial of
any criminal case by a jury or with assessors, and also to jurors, asses-
sors, interpreters, medical practitioners, or other persons employed in or
in connection with criminal cases.
Charges.
Trial
oharge.ou a state53.the offence charged, with such —(1) The charge upon
particulars as to the time and place
of the alleged offence, and the person (if any) against whom or the thing
(if any) in respect of which it was committed, as are reasonably sufficient
to give the accused notice of the matter with which he is charged.
(2) The fact that a charge is made is 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.
Separatefo:
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 following, 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 hot exceeding three.
(5) 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) If the acts 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 CORRA 75
the accused may be charged with and tried at one trial for
eacli 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 tries 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 once ■, or he may be charged in the
alternative with having 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 oo-defend&nt*.
trial ot
of different offences committed in the same transaction, or when one is
accused of committing an offence and another of abetting or 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 Alteration or assessors,
of may
any charge at any time before the verdict of the jury is returned or the charges.
opinions ot the assessors are expressed; if sitting without jury or asses-
sors, at any tium 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 Srrors andthe offence
particulars shall be regarded at any stage of the case as material, unless rariances.
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 offence 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 previous convicted
Charge of of any o
and it is intended to prove such conviction for the purpose of affecting conviction.
the punishment which the Court is competent to award, the fact, date,
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 convictions shall
not be read out in Court, nor shall the accused be asked whether he has
been previously convicted, as alleged in the charge, unless anil 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
OKDERS IN febUNCIL
(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,
ahswer 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 powers of the Courts with respect to' punishments are
limited as follows:—
" (1) The Supreme Court may award in fespect 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 (b) the Supreme
Court shall not award a fine exceeding ,£500; or, in case of a
continuing offence, in addition to imprisonment or fine, or both,
a fine exceeding <£1 for each day during which the offence
continues after conviction.
(2) A Provincial Court may award imprisonment; not exceeding
twelve months, with or without hard labour, and with or
without a fine not exceeding =£100; or a fine not exceeding
<£100, without imprisonment; or in case of a continuing offence,
in addition to imprisonment or fine, Or both, a fine not
exceeding 10s. for each day during which the offence continues
after conviction.
(3) But nothing in this Article shall be deemed to empower any
Court to award for any offence any punishment not authorized
by law in relation to that offence.
60. —(1) If any person is
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, with a fine not
exceeding 50s.
(2) Imprisonment under this Article is without hard labour.
61. —(1) If any person is
distinguished as a grave offence against this Order, he is liable:—
f i) 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 may, i
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 may, if
before it to pay all or part of the expenses of his prosecution, or of his
imprisonment or other punishment or of both, the amount being specified
in the order.
(2) Where it appears to the Court that the charge is malicious, or
frivolous and vexatious, the Court mav if it thinks fit, order the
H.B.M. SUBJECTS IN CHINA AND COKEA 77.
complainant ti > pay all dr part of the expenses of the prosecution, the
amount being specified in the order.
(3) In these respective cases the Court may, if it thinks fit, order
that the whole or such portion as the Court thinks fit of the expenses
so paid be paid over to the complainant or to the accused (as the case
may be). ' • - .
(4) In all cases the reasons of the CoUrt for making any such order
shall be recorded in the Minutes.
64. Where any person is sentenced by the Supreme Court to suffer Punishment
the punishment of death, the Judge shall forthwith send a report of the death.
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 diredt that the sentence of death
be carried into execution, he shad direct what punishment in lieu of the
punishment of ‘death is to be inflicted on the person convicted, and the
person convicted sha ll be liable to be so punished accordingly.
65. —(1) ThC Judge of the Supreme Court Prisons may and
by general or
approved by the Seeretafy of State, prescribe the manner in which and punishments.
the prisons in China or Corea at which punishments passed'by any Court
or otherwise awarded under this Order are to be carried into execution.
(2) The warrant of any Court shall be sufficient authority to any
person to whom it is (MWcted to receive and detain t 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 imprisonment, and
Supreme Court thinks it expedient that the sentence be carried into effect Majesty’s
within His Majesty’s dominions, and the offender is accordingly, under Dominions.
Section 7 of the Foreign Jurisdiction Act, 1890, sent for imprisonment to
a place in His Majesty’s dominions, the place shall be hither Hongkong,
or a place in some other part of His Majesty’s dominions, the Govern-
ment whereof consents that offenders may be sent tbither 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 Mitigation may, ifofhe thinks
report to the Secretary of State or to the Minister in China or in Corea, punishments.
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 inquests,
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 tlie 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
shnll 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.
ments and possession,
trade-marks, 69. Anywould
act which, if done against
be an offence in the United
any of Kingdom, or inStatutes
the following a British
of
the Imperial Parliament or Orders in Council, that is to say :—
The Merchandize Marks Act, 1887;
The Patents, Designs and Trade-marks Act, 1883 to 1888;
Any Act, Statute, or Order in Council for the time being in force
relating to copyright, or to inventions, designs, 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, or of a foreigner
or native, or otherwise howsoever;
Provided—
(1) That a copy of any such Statute or Order in Council shall be
put dished in the public office of the Consulates at Shanghai
and Seoul, and shall be there open for 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 ifr
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
smagfriinK. of, British
70.—(1) subjects.
If a British subject—
(i) Smuggles, or attem pts to smuggle, out of China or Corea any
goods on exportation' whereof a duty is payable to the Chinese
or Corean Government;
H.B.M. SUBJECTS IN CHINA AND COEEA
(ii) Imports or exports, or attempts to import or export, into or out
of China or Corea, any goods, intending and attempting to
evade payment of duty payable thereon to the Chinese or
Corean Glovernment;
iiii) Imports or exports, or attempts to importer export, into or
out of China or Corea any goods the importation or exportation
whereof, into or out of China or Corea, is prohibited by law;
(iv) Without a proper licence, sells, or attempts to sell, or offers
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, or to a fine not exceeding
=£100 without imprisonment.
(2) Where a person is charged with such an offence as in this
Article is mentioned, the Court may seize the goods in relat ion to which
the alleged offence was committed, and may hold the same until after
the hearing of the charge.
(3) If a person so charged is convicted, then those goods, whether
they have been so seized or not, shall be forfeited to His Majesty the
King, and the Court shall dispose of them, subject to any general or
special directions of the Secretary of State as the Court thinks fit.
71. —(1) If any British subject, without His Majesty’s authori
proof whereof shall lie on the party accused, does any of the following lvar'et0-
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 oflence 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 conviction 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
ease shall be heard and determined accordingly.
72. Any British subject being iu 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
’•espect to the trial.
73. If any British subject in China or in Corea violates or fails to violation or
observe any stipulation of any Treaty between His Majesty, his pre- Treatie8-
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 ant-
penalty is stipulated for in the Treaty, he shall be deemed guilty of an
offence against the Treaty, and on conviction thereof under this Order
shall be liable to the penalty stipulated in the Treaty.
International 74.
Reputations. representatives —^(l') Where, by ag
in China and Corea of foreign States, or some of them, in
conjunction with the Chinese or Corean authorities, Sanitary, or Police,
or Port, or Game, or other Regulations are established, and tiie 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 75. Every person subject to the criminal jurisdiction of the Court
oondnet. who prints, publishes, or offers for sale any printed or written newspaper
or other publication containing matter calculated to excite tumult or
disorder, or to excite enmity between His Majesty’s subjects, and the
Government of China or Corea, as the case may be, or between that
Government and its subjects, shall be guilty of a grave offence against
this Order, and may, in addition to, or in lieu of, any Other punishment, he
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.
Oftencee 76. —(1) If a British su
• (i) Publicly derides, mocks, or insults any religion established or
observed within China or Corea; or
(iij 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 <>r 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 ^850, or to a fine alone not exceed-
ing <£50.
(2) Notwithstanding anything in this Order, every charge under
this Article shall be heard and determined by the Court alone, without
jury or assessors, and any Provincial Court shall have power to impose
the punishment aforesaid.
(3) Consular officers shall take such precautionary measures as
seem to them proper and expedient for the prevention of such offences.
Contempt
Court. of 77. —(!) If any person,
Court, does any of the following things, namely:—
(a) Wilfully, by act or threat, obstructs an officer of, or person
executing any process of, the Court in the performance of his
duty ; or
H.B.M. SUBJECTS IN CHINA AND COEEA 81
(h) Within or close to the room or place where the Court is sitting
wilfully misbehaves in a violent, threatening, or disrespectful
manner, to the disturbance of the Court, or to the intimidation
of suitors or others resorting thereto; or
(c) Wilfully insults any member of the Court, or any assessor or
juror, or any person acting as clerk or officer of the Court,
during his sitting or attendance in Court, or in his going to or
returning from Court; or
(d) Does any act in relation to the Supreme Court Or a Provincial
Court or a matter pending therein, which, if done in relation to
the High Court in England, would be punishable as a con-
tempt of that Court—
he shall be guilty of a grave offence against this Order;
Provided that the Court, if it thinks tit, instead of directing proceed-
ings as for an offence against this Order, may order the offender to be
apprehended forthwith, with or without warrant, and on inquiry and
consideration, and after the hearing of any defence which such person
may offer, without further process or trial, may adjudge him to be
punished with a fine not exceeding <£10, or with imprisonment not ex-
ceeding twenty-four hours, at the discretion of the Court.
(2) A Minute shall be made and kept of every such case of punish-
ment, recording the facts of the offence, and the extent of the punish-
ment. In the case of a Provincial Court, a copy of the Minute shall be
forthwith sent to the Supreme Court.
(3) Nothing herein shall interfere with the power of the Court to
remove or exclude persons who interrupt or obstruct the proceedings of
the Court.
78. —(1) If an officer of the Court employed to execute an order
by neglect or omission the opportunity of executing it, then, on complaint officers-
of the person aggrieved, and proof of the fact alleged, the Court may, if
it thinks fit, order the officer to pay the damages sustained by the person
•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 Court, acting under pretenc
the process or authority of the Court, is charged with extortion, or with
not paying over money duly levied, or with other misfconduct, the Court,
if it thinks fit, may inquire into the charge in a summary way, and max
for that purpose summon and enforce the attendance of all necessary
persons, as in an action, and may make such order for the repayment of
any money extorted, or for the payment over of any money levied, and
for the payment of such damages and costs, as the Court thinks fit.
(2) The Court may also, if it thinks fit, on the same inquiry, impose
on the clerk or officer such fine, not exceeding <£5 for each offence, as the
Court thinks fit.
(3) A clerk or officer against whom an order has been made or who
has been acquitted under this Article shall not be liable to an action in
respect of the same matter; and any such action, if begun, shall be stayed
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
charged with having committed, either before or after the commencement miiesnof'X>
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 aforesaid, or within a ship not lawfully entitled
to claim the protection of the flag of any State, at such a distance as
ORDERS IN COUNCIL
aforesaid, any of , His Majesty’s Courts in China or Corea within the
jurisdiction whereof he is found may cause him to be apprehended and
brought before it, and may take the preliminary examination and commit
him for trial,
(2) If the Court before which the accused is brought is a Provincial
Court, the Court shall report to the Supreme Court the pendency of the.
case.
The Supreme Court shall thereupon direct in what mode and where
the case shall be heard and determined, and (notwithstanding anything
in this Order) the case shall be so heard and determined accordingly.
(3) The provisions of this Order relative to offences, and proceedings
in criminal matters, shall in all respects, as far as may be, extend and
apply to every such case, in like manner as if the offence had been com-
mitted in China or Corea.
jurisdiction of 81. Where a British subject, being in Hongkong, is charged with
Court "at
Hongkonjr. having
Order, anycommitted, either within
crime or offence before any
or after the Chinese,
British, commencement of ship
or Corean this
at such a distance as aforesaid, the Supreme Court at Hongkong shall
have and may exercise authority and jurisdiction with respect to the
Ap^rehenstoE crime82.or His
offenceMajesty’s
as fully Minister
as if it hadinbeen
Chinacommitted
or Corea,in any
Honukong.
Judge of the
8 er r
' Supreme Court, any Consular officer in China or Corea, or the Governor
of Hongkong, on receiving satisfactory information that anj^ soldier,
sailor, marine, or other person belonging to any of His Majesty’s military
or naval forces, has deserted therefrom, and has concealed himself in any
British ship at such a distance as aforesaid, may, in pursuance of such
information, issue his warrant for a search after and apprehension of
such deserter, and on being satisfied on investigation that any person so
apprehended is such a deserter, shall cause him to be, with all convenient
speed, taken and delivered over to the nearest military station of His
Majesty’s forces, or to the officer in command of a ship of war of His
Majesty serving in China or Corea, as the case may require.
Deportation.
Deportation, 83.—(1) Where it is proved that there , is reasonable ground to
apprehend that a British subject is about to commit a breach of the
public peace—or that the acts or conduct of a British subject are or is
likely to produce or excite to a breach of the public peace—the Court
may, if it thinks fit, cause him to be brought before it, and require him
to give security to the satisfaction of the Court to keep the peace, or for
his future good behaviour, as the case may require.
(2) Where a British subject is convicted of an offence before the
Court, the Court may, if it thinks fit, require him to give security to the
satisfaction of the Court for his future good behaviour, and for that
purpose may (if need be) cause him to be brought before the Court.
(3) In either of the foregoing cases, if the person required to give
security fails to do so, the Court may order that he be deported from
China or Corea to such place as the Court directs.
(4) The place shall lie 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 ordei
of deportation made by it and the grounds thereof, before the order is
executed. The Supreme Court may reverse the order, or may confirm it
with or without variation, and in case of confirmation, shall direct it to
be carried into effect.
SUBJECTS IN CHINA AND COREA
(6) The person to be deported shall be detaiued in custody until a
fit opportunity for his deportation occurs.
(7) He shall, as soon as is practicable, and in the chso 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 (Jourt
on board one of His Majesty’s ships of war, or, if there is no such ship
available, then on board any British or 01 her fit ship bound to the place
of deportation.
(8) The warrant shall be sufficient authority to the commander or
master of the ship to receive and detain the person therein named, and
to carry him to and deliver him up at the place named according to the
warrant.
(9) The Court may order the person to be deported to pay all or
any part of the expenses of his deportation. Subject thereto, the
expenses of deportation shall be defrayed in such manner as the Secretary
of State, with the concurrence of the Treasury, may direct.
(10) The Supreme Court shall forthwith report to the Secretary of
State any order of deportation made or confirmed by it and the grounds
thereof, and shall also inform His Majesty’s Minister in China or Corea
as the case may require.
(11) If any person deported under this or any former Order returns
to China or Corea without permission in writing of the Secretary of
State (which permission the Secretary of State may give) he shall be
deemed guilty of a grave offence against this Order; and he shall also be
liable to be forthwith again deported.
84. Where any person is deported to Hongkong1, he shall on his Dealing with
arrival there be delivered, with the warrant under which he is deported, pe^rit
into the custody of the Chief Magistrate of Police of Hongkong, who, on Hongkong,
receipt of the person deported, with the warrant, shall detain him and
shall forthwith report the case to the (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.
85. —(1) Where a person is convicted of any offence before an
Court— reserved case,
(a) If he considers the conviction erroneous in law, then, on his
application, within the prescribtd time (unless it appears
merely frivolous, when it may be refused); or
(5) If the Judge thinks fit to reserve for consideration of the full
Supreme Court any question of law arising on the trial;
the Judge shall state a case, setting out the facts und the grounds of the
conviction, and the question of law, and send or deliver it to the
} Registrar of the Supreme Court.
86. —(1) Where a case is stated under the last preceding Articl
i the Court, before whom the trial was had, shall, as it thinks fit, either "a8e 8tated-
postpone judgment on the conviction, or respite execution of the judg-
! ment,
for himandtoeither commit
appear and the personjudgment,
receive convicted orto prison, or take
to deliver security
himself for
I execution of
time and pla< e.the judgment (as the case may require) at an appointed
(2) The full Supreme Court, 'sitting without >■ jury or assessors,
shall hear and determine the matter, and thereujion shall reverse, affirm,
or amend the judgment given, or set it aside, and order an entry to be
S4 ©BDERS IN COUNCIL
made in the Minutes that in tbe ' judgment of the Supreme Court the
person ought not to have been convicted, or order judgnient to be given
at a subsequent sitting of the,Provincial Court, or order a new trial, or
make such other older as the Supreme Court thinks just, and shall also
give all necessary and proper consequential directions.
(3.) The judgment of -the, full Court shall be delivered in open
Court, after the public hearing of any argument offered on behalf of 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 during the trial, might, in the
opinion of the Supreme Court, have been properly met by
amendment at the trial; or
( b) Of any error in .the summoning of assessors; or
(c) Of any person having served as assessor who was not qualified; or
(d) Of any objection to any person as assessor which might have
been raised before or at the trial; or
■: eJ Of any informality in the swearing of any witness ; or
( f ) Of any error or omission in the charge, or any informality in
procedure which, in the opinion of the Supreme Court,,did not
affect the substance of the case or subject the convicted person
to: any undue prejudice.
PrivrCouncii KingS7.in There
Councilshallfrombeanodecision
appeal ofin the
a criminal
Supremecase to except
Court, His Majesty the
by special
leave of His Majesty in Council.
Fugitive Offenders.
Fugitive Removal-
offenders. 88. The.
Act,'Fugitive, Offenders
1884, shall apply 'Act,
to China1881,and
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 Glovernor 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.
iY.—Civil Matteks.
General 89. Subject to the provisions of this Order, the civil jurisdiction of
P”*?- every Court acting under this Order shall, as far as circumstances admit,
jurisdiction, be exercised on tbe principles of, and in conformity with, English law for
the time being in force.
Procedure.
ah proceed-
6 90.—(1) Every civil proceeding in the Court shall be taken by
talenby
action. 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 COKEA
action under tliis 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 ment ofissued from the
Commence-
Court, on the application of the plaintiff, and served on the defendant, (in action.
this Order referred to as an original summons); but notwithstanding
this provision, proceedings may be taken in and; applications may be
made to the Court in particular classes of cases, in such mao per as may
be prescribed by Rules of Court, or, where such manner is not so; pre-
scribed, in such manner as like proceedings and applications;are taken
and made in England.
92. -t-(1) Subject to the provisions of this Order, Trial everyby jury
action in the
Supreme Court which involves the amount or value of £150 or upwards in Supreme
shall, on the demand of either party in writing, filed in f lie Court seven
days before the day appointed for the hearing, be heard with a jury.
(2) Any other suit may, on the suggestion.of any party, at any
stage, be heard with a jury, if the Court thinks fit.
(3) Any suit may be heard with a jury if the Court, of its own
motion, at any stage, thinks fit.
93. —(1) The Supreme Court may, if it thinks fit, hear any action
with assessors.
(2) A Provincial Court .shall (subject to the provisions of this
Order) hear with assessors every action which involves the aiponut or
value of £150 or upwards.
(3) In all other cases a Provincial Court may, as it thinks fit, hear
the action either with or without assessors,
94—(1) After the issue of a sumijions by any Court, tbe 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
base to be stated by, or under the direction of, that Court for the o'pinion
Or direction of the Supreme Court.
95. Subject to the provisions of this Order and the Rules of Court,
tbe 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 he entered in the Minutes) Otherwise order.
Arbitration.
•ifi-—(1) Any agreement in writing between any British subjects or Artritratioo.
between British subjects and foreigners to submit present or tuture
differences to arbitration, whether an Arbitrator is named therein or
mot, 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— Reference of
(a) If all parties consent, or apeoia?t0
(b) If the matters in dispute consist wholly or partly of matters of Referees,
account, or require for their determination prolonged examina-
tion of documents or any scientific or local examination:
the Court may at any time refer the whole action, or any question or
issue arising therein, for inquiry and report, to the Registrar or any
special Referee.
ORDERS IN COUNOIL
(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 Ref< ree, or
Arbitrator, under any order of the Court, the Registrar, special Referee,
or Arbitrator shall be deemed to be an officer 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
or'award.310'3 enforce any the
and regulate submission, or any
proceedings beforeaward
and made thereunder,
after the award, inamisuchto manner
control
and on such terms as the Court thinks fit.
Bankruptcy.
Bankruptcy. 99. Each Court shall, as far as circumstances admit, have, for and
within its own district, with respect to the following classes of persons
being either resident in China or Corea, or carrying on business there,
namely, resident British subjects and their debtors and creditors, being
British subjects, or foreigners submitting to the jurisdiction of the
Court, all such jurisdiction in bankruptcy as for the time being belongs
to the High Court and the County Courts in England.
Admiralty.
juAdmiralty
io on. 100.—(l)
for anf j u jthinThe
the Supreme
limits of Court shall have
this Order, Admiralty
and over jurisdiction
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 Ct>uri 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 ot the said Act.
Matrimonial.
Matrimonial
jnriadiction. 101.j The
poi, an( Supreme Court shall, as far as circumstances admit, have
w^pjn (;hina and Corea, with respect to Hritish subjects, all
such jurisdiction in matrimonial causes except the jurisdiction relative
to dissolution or nullity or jactitation of marriage, as for the time being
belongs to the High Court in England.
Lunacy.
bunaoy
furisdfctfcra. have 102.—(1) The China
for and within SupremeandCourt
Corea,shall, as far toas circumstances
in relation British subjects, admit,
all
■mch jurisdiction relative to 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
SUBJECTS IN CHINA AND COREA 87
exercised in England by a judicial authority 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 management 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.
(3) 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 necessary or expedient for the p erson and
property of any person appearing to the Court to be a lunatic, and may
from time to tim^ revoke, or vary, or supplement any order or 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 and 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 exercised in and for
dorea by the Provincial Court at Seoul.
Probate and Administration.
103. All real or immovable property situate in China or Corea, and Beal properl.vm
to devolve
belonging at the time of his death to any British subject dying after the personal
commencement of this Order, shall be deemed to be personal 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 estate.
104. —(l) The Supreme Court shall, as far as circumstances admit,
have, for and wichin China and Corea, with respect to the wills and the Jofurisdiotion
Courts.
property in China and Corea of deceased British subjects, all such
jurisdiction as for the time being belongs to the High Court in England.
(2) A Provincial Court shall have power to grant probate or letters
of administration where there is no contention respecting the right to
the grant.
(3) Probate or administration granted by a Court under this Order
shall have effect over all the property of the deceased within China or
Corea, and shall effectually discharge persons dealing with an executor or
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 substitute I 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 United Kingdom or in
any British Possession to which the Colonial Probates Act, 189?, for the Colonial
time being extends, has granted probate or letters of administration or probate, &c.
confirmation in respect of the estate of a deceased person, the probate
letters or confirmation so granted may, on 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 bv that Court.
88 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 estate to creditors residing
in China or Corea.
(4) For the purposes of this Article, a duplicate of any probate,
letters of administration, or confirmation sealed with the seal of the
Coun granting the same, or a copy thereof certified as correct by or
under the authority of the Court granting the same, shall have the same
effect as the original.
custody of 107.—(1) Where a British subject dies in China or Corea, or else-
intestate 0f where,
China orintestate, then,be vested
Corea shall 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.
Kxecutorfc0 108. If any person named executor in the will of the deceased takes
obtain
probate property of oftheand
possession administers
deceased; and doesor not
otherwise deals withwithin
obtain probate any onepart month
of the
after the death, or after the termination of any suit or dispute respect-
ing probate or administration, he shall be guilty of an offence and shall
be liable to a fine not exceeding <£50.
Administering
estate without 109- orH ananyofficer
executor person,of other than the
the Court, person
takes named ofadministrator
possession and administersor an
““ 0n y' or otherwise deals with any part of the property of a deceased British
subject, whether resident or not, he shall be deemed guilty of a contempt
of Court, and shall be liable to a fine not exceeding <£50.
Death or HO- Where a person appointed executor in a will survives the
executorr.1
execu testator,
called on but either
by the diestowithout
Court havingdoes
take probate, takennotprobate,
appear, or,his having
right inbeen
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 111.—(1) Where a British subject dies in China or Corea, any
§ePosie?ted 'inn
Court' °^ier orSllchwriting
paper subject having
of the in hisbeing,
deceased, possession, or underto hisbe control,
or purporting any
testament-
ary, shall forthwith bring the original to the Court within whose parti-
cular jurisdiction the death happens, and deposit it there.
If any person fails to do so for fourteen days after having knowledge
of the death of the deceased, he shall be guilty of an offence and liable
to a fine not exceeding <£50.
(2) Where it' is proved that any paper of the deceased^ being or
purporting to be testamentary, is in the possession or under the control
of a British subject, the Court may, whether a suit or proceeding
respecting probate or administration is pending or not. order him to-
oroduce the paper and bring it into Court.
H.B.M. SUBJECTS IN CHINA AND COREA
(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 Administr*.
or estate of a deceased person does not exceed =£50, the Court may, eg°“°ef88m!*11
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 Eehearings.
113. —(1) Where an action in a Provincial Court involves the am
for value of <£25 or upwards, any party aggrieved by any decision of that conrtme
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™*
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 bo
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 Court Appeal to
made in a civil action involves the amount or value of £500 or upwards, Privy Council,
any party aggrieved thereby may, within the prescribed time, or, if no
90 ORDERS IN COUNCIL
time is prescribed, within fifteen days after the same is made or given,
apply by motion to the Supreme Court for 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 =£500 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 Majesty in Council^
or by the Lords of the Judicial Committee of His Majesty’s Privy
Council.
(3) He shall also pay into the Supreme Court a sum estimated by
that Court to be the amount of the expense of the making up and trans-
mission to England of the transcript of the record.
(4) If security and payment are so given and made 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 at liberty to prefer and prosecute his appeal to His
Majesty in Council according to the rules for the time being in force
respecting appeals to His Majesty in Council from his Colonies, or such
other rules as His Majesty in Council 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.
Kxeoution
pending 116. —(1) Wher
applied for by a person ordered to pay money or do any other act, the
Supreme Court shall direct either that the order appealed from be 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, the
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 may think fit to make.
(3) If the Court directs the execution of the order to be suspended
the party against whom it is given shall, before an order for suspension
is made, give security to the satisfaction of the Court for performance of
such order as His Majesty in Council may think fit to make.
117. This Order shall not affect the right of His Majesty in Council
at any time, on the hum Me 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.
118. —(1) In ever
shall be drawn up,, and shall be signed by the Judge before 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 pf the Court.
119. The Judge of the Supreme Court may make Rules of Court—
{a) For 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 COJJJSA
(6) For regulating the means by which particular facts may be
proved in the said Courts;
(e) For prescribing any forms to be used;
(d) For prescrioing 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;
(g) For prescribing the allowances to be made in criminal cases to
complainants, witnesses, jurors, assessors, interpreters, medical
practitioners, and other persons employed in the administration
of Justice and the conditions upon which an order may be made
by the Court for such allowances;
(h) For taking and trmsimtting depositions of witnesses for use at
trials in a British possession or in the United Kingdom;
(i) For regulating the mode in which legal practitioners are to be
admitted to practise as such, and for withdrawing or suspen ding
the right to practise on grounds of misconduct, subject to a
righ of appeal to His Majesty in Council.
Where under any Act of Parliament which is applicable to China
and Corea, liules may or are required to be made in England bv the Cord
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.
Rules framed under this Article shall not have effect until approved
by the Secretary of State and, so far as they relate t > fees and costs,
sanctio eii by the Treasury; but in case of urgency declared in any such
Rules with the approval of His Majesty’s Minister, the same shall have
effect unless and until they are disapproved l)y the Secretary of State
and notification of such disapproval is recorded and published by the
Judge of the Supreme Court.
Until such rules have been made, or in relation to matters to which
S they do not extend, a Court may adopt and use any procedure or forms
i heretofore in use in the Consular Courts in China or Corea, or any
! Regulations or Rules made thereunder and in force immediately before
the commencement of this Order, with any modifications or adaptations
which may be necessary.
120.—(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 flymen* ofth
Minutes, dispense with or remit the payment of any fee in whole Court fees.
‘ orinpirt.
(2) Payment of fees payable under any Rules to be made in pur-
suance <>f this Order, and of costs and of charges and expenses, of
j witnesses, prosecutions, punishm mts, 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 ami sale of goods, and
j on default ■ Tsufficient yoods, by imprisonment as a civil prisoner f. r a term
' not exceeding one month, but such imprisonment shall not operate as a
satisfaction or extinguishment of the liability.
(31 Any bill of sale or mortgage, or transfer of property made with
i a view of avoiding seizure or sale of goods or ship under any provision of
this Order, shall not be effectual to defeat the provisions of this Order.
92’ OEDEBS IN COUNCIL
Appearance. 121.—(l) Every person doing au 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, pr an authenticated copy thereof, shall
be first filed in the Court.
(3) Where the authority has reference only to the particular pro-
ceeding, the original document shall be filed.
(4) Where the authority is general, or has reference to other matters
in which the attorney or agent is empowered to act, an authenticated
copy of the document may be filed.
(5) Any person doing any act or taking any proceeding in the Court
in the name or on behalf of another person, not being lawfully authorized
thereunto, and knowing himself not to be so authorized, is guilty of a
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 Court shall have power
so,to summon British subjects in its own district only.
(2) If the perspn summoned, having reasonable notice of the time
and place at which he is required to attend, and (in civil cases) his reason-
able expenses having been paid or tendered, fails to attend and be sworn,
and give evidence, or produce documents or submit to' examination
accordingly, and does not excuse his failure to the satisfaction of the
Court, he shall be guilty of an offence against this Order.
(3) Persons pf 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 (hat he declares to be binding on his conscience.
(5) If in any ca$e„ civil or criminal, a British subject wilfully gives
false evidence m the Court, or on a reference, he shall be deemed guilty
Oonveyai ce of wilful
123. and corruptunder
Whenever perjury.this Order any person is to be taken for trial
pers^sT ortheimprisonment or by way of deportation
Supreme Court or elsewhere in China oror for any orother
Corea, purpose, to-
to Hongkong,
England, or elsewhere, the Court or other authority by this Order
authorized to cause him to be so taken, may for that purpose (if neces-
sary) cause him to be embarked on board one of His Majesty’s ships of
war, or if there is no'such ship available, then on board any British or
other fit ship, at any port or place whether within or beyond the parti-
cular jurisdiction or district of that Court or authority, and in order to
such embarkment may (if necessary) cause him to be taken, in custody
or otherwise, by land or by water, from any place to the port or place of
embarkment.
The writ, order, or warrant of the Court, by virtue whereof any
person is to be so taken, shall be sufficient authority to every constable,
officer, or other person acting thereunder, and to the commander or
master of any ship of war, or other ship (whether the constable, officer
H.B.M. SUBJECTS'IN CHINA AND COREA
or other person,, or the ship or , the compi9p,deE or .roaster thereof, is
named therein or not), to receive, detain, take, and deliver up such
person, according to the writ, order, or warrant.
Where.the writ,, order, or warrant is executed under the immediate
direction of the Court or authority issuing it, the writ, order or warrant
shall be delivered to the constable, officer, or other pers’qn acting there-
under, and a duplicate thereof shall be delivered to ;'tke'‘c6mmander or
•paster of any ship in which the person to whom the writ,, order, or
warrant relates is embarked.
Where the writ, order, or warrant issy.es 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 td the! constable,
officer, or other person acting thereunder, and to the, commander or
.master of any ship in which the person taken is embarked; and any such
copy shall be for all purposes conclusive evidence of the order of which
it purports to be a copy.
124. Subject to the other provisions of this Order, all expenses of Expenses
removal. o
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 ol
125. The following Acts, namely enactments
The Foreign Tribunals Evidence Act, 1 SO6.; to evidence. as
The Evidenge by Commission Apt, 185,9.;
The Evideyce by. Commission Act, 18.85 ;
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:—£>< v > . . ' ....,u nfrur. .'i d;::. -. • •.
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
officers.
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 OEDERS IN COUNCIL
YI.—Mortgages and Biles of Sale.
Mortgages.
ofKegistratioc
mortgages. 129. A. deed or other instrument of mortgage, legal or equitable, of
lands or houses in China orj Corea, executed by a British subject, may
be registered at any titn. after its execution at the Consulate of the
Consular district wherein the property mortgaged is situate.
Mode of' 5
registration. 130. Registration is made as follows:—The original and a copy of
the deed or other instrument of mortgage, and an affi lavit 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) Witlmi fourteen days after its execution, where it is executed in
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 vei or Hongkong ;
(3) Witnin six months after its execution, where it is executed else-
w ere tlian in China, Corea, Weihaiwei or Hongkong ;
then, and in every such case, the mortgage debt secured by tlie deed or
other instrument and the interest thereon shall not have priority over
judgment or simple contract debts contracted before the registration of
that deed or other instrument.
Priority. 132. Registered deeds or other instruments of mortgage, legal or
equitable, of the same lands or houses have, as among themselves,
priority in cdei of registration.
Rales 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 bills of sale executed by British subjects as
are intended to affect chattels in China or Corea;
(2) Do not apply to hills of sale given by sheriffs or others under
Contentssale.of or in execution of process authorizing seizure of chattels.
bill.of 135. —(1) Every bill of sale must conform with the following rules,
namely:—
(а) It must state truly the name, description, and address of the
grantor.
(б) Ii must state truly the consideration for which it is granted.
(c) It must have annexed thereto or written thereunder an inventory
of the chattels intended to be comprised therein.
(d) Any defeasance, condition, or declaration of trust affecting the
bill not contained in the body of the bill must be written on
the same paper as the bill.
(e) The execution of the bill must be attested by a credible witness,
with his address and description.
(2) Otherwise, the bill is void in China and in Corea to the extent,
following, but not further, that is to say ■—
SUBJECTS IN CHINA AND COREA 95
(а) In the ease of failure to conform with the rule respecting
an inventory, as far as regards chattels omitted from the
inventory; and
(б) In any other case, wholly.
(3) The inventory, and any defeasance, condition, or declaration as
aforesaid, respectively, is for all purposes deemed part of the bill.
136. A bill of sale conforming, or appearing to conform, with the Time lot
foregoing rules, may be registered, if it is intended to affect chattels in ar"''*
China or Corea, at the Supreme Court or at the Consulate of the
Consular district wherein the chattels are, within the respective time
following and not afterwards, namely: —
(1) Within fourteen days after its execution, where it is executed
in the Consular district wherein the chattels are;
(2) Within two 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 mouths after its. execution, where it is executed else-
where than in China, Corea, Weihaiwei, or Hongkong.
137. Registration is made as follows—The original and a copy of Mode oi
registering:
the bill of sale, aud an affidavit verifying the execution, and the time
and place of execution, and the attestation thereof, and verifying the
copy, are brought into the proper office of L.the Court or the Consulate;
and the copy and affidavit are left there.
138. If a bill of sale is not registered at u, place and within the time Penalty
failure totor
by this Order appointed and allowed for registration thereof, it is, from register.
and after the expiration of that time, void in China or in Corea,.according
as that place is in China or in Corea, to the extent following, but not
further, that is to say:—
(1) As against trustees or assignees of the estate of the 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 bankruptey or liqtlfqhtiQii, or the execution of the
assignment, or' the seiziife, are: in, the grahtoi^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 inEffect
caseofofbiR
pos-ession, order, or disposition of the grantor within the law of bank- bankruptcy.
ruptcy.
141. If in any case there is an unregistered bill of sale, arid within Subsequent
bill covering
or on the expiration of the time by this Order allowed for registration
thereof, a subsequent bill of said is granted affecting the sa,me of the same chattels, for. the same or part oi the same debt, then the
subsequent bill is, to'the extent to which it comprises the same chattels
and is for the same, debt ahsolufely void, unless the Court is satisfied that
the subsequent bill is granted iri gqod faith for the purpose of fcorrecting
some materia] error in the prior bill; and not for tbe purpose of unlawfully
evading tbe operation of this Order.
142. The registration of a bill of sale mrist be renewed once at least Time
renewalfor
every five years.
143. Renewal of registration is made as fpllbwk •—An affidavit stating Mode of
renewal.
the date of and parties to the bill of sale, and the date of the original
96 ORDERS IN COUNCIL
registration, and of the last renewal, and that the bill is still a subsisting
security, is brought in to the proper office of the Court or the Consulate
of original registration, and is left there.
failure to 144. If the registration of a bill of sale is not so renewed in any
period of five years, then on and from the expiration of that period the bill
is deemed to be unregistered.
Application
tobills.
subsisting 145. The provisions of this Order relating to renewal apply to bills
of sale registered under the Orders in Council repealed by this Order.
Transfer
bills. of 146. A transfer or assignment of a registered bill of sale need not
be registered; and renewal of registration is not necessary by reason only
Expiration of of such a transfer or assignment.
147. Where the time for registration or renewal of registration of a
Sunday. bill of sale expires on a Sunday, or other day on which the office for
registration is closed, the registration or renewal is valid if made on the
failure tomay- first subsequent day on which the office is open.
register 148. If in any case the Court is satisfied that failure to register or
be rectified. to renew the registration of a bill of sale in due time, or any omission or
mis-statement connected with registration or renewal, was accidental or
inadvertent, the Court may, if it thinks fit, order the failure, omission, or
mis-statement to be rectified in such manner and on such terms, if any,
respecting security, notice by advertisement or otherwise, or any other
matter, as the Court thinks fit.
Bills
beforeexecuted
this 149. The provisions of this Order apply to a bill of sale executed
Orderforce.
into comes before the commencement of this Order.
150. The power conferred on the Judge of the Supreme Court by
Rules forto
indexes this Order of framing Rules from time to time* extends to the framing of
Rules for prescribing and regulating the making and keeping of indexes,
and of a general index, to the registers of bills of sale and searches in
those indexes, and other particulars connected with the making, keeping,
and using of those registers and indexes, and for authorizing and regulating
the unregistering of any bill of sale, or the registering of any release or
satisfaction in respect thereof.
VII.—Foreign Subjects and Tribunals.
Actions
and by
against 151. —(1) Where a
the Court an action against a British subject, or a British subject desires
to institute or take in the Court an action against a foreigner, the Court
shall entertain the same, and shall hear and determine it, according to
the ordinary course of the Court.
(2) Provided that the foreigner, if so required by the Court, first obtains
and files in the Court the consent in writing of the competent authority
on behalf of his own nation to his submitting, and does submit, to the
jurisdiction of the Court, and, if required by the Court, give security to
the satisfaction of the Court, and to such reasonable amount as the Court
thinks fit, by deposit or otherwise, to pay fees, damages, costs, and expenses,
and abide by and perform such decision as shall be given by the Court
or on appeal.
(3) A cross-action or counter-claim shall not be brought in the
Court against a plaintiff, being a foreigner.
(4) Where a foreigner obtains in the Court an order against a
defendant being a British subject, and in another suit that defendant is
plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on
the application of the British subject, stay the enforcement of the order
pending that other suit, and may set off any amount ordered to be paid
by one party in one suit against any amount ordered to be paid by the
other party in the other suit.
H.B.M. SUBJECTS IN CHINA AND COREA 97
(5) Where a plaintiff, being a foreigner, obtains an order in the
Ciourt against two or more defendants being British subjects jointly, and
in another action one of them is plaintiff and the foreigner is defendant
the Court may, if it thinks fit, on the application of the British subject,
jstay the enforcement, of the order pending that other action, and may set
off any amount ordered to be paid by one party in one action against any
amount ordered to he paid by the other party in the other action, without
prejudice to the right of the British subject to require contribution from
his co-defendants under the joint liability.
(6) Where a foreigner is co-plaintiff in a suit with a British subject
who is within the particular jurisdiction, it shall not be necessary for the
foreigner to give security for costs, unless the Court so directs, but the
co-plaintiff British subject shall be responsible for all fees and costs.
152c—(1) Where it is proved that the attendance within the parti- Attendance
cular jurisdiction of a British subject to give evidence, or for any other Ofsubjects British
purpose connected with the administration of justice, is required in a oefore
Oourt of China or Corea, or before a Chinese or Corean judicial officer, or Tribunals. foreign. or
Chinese
in a Court or before a judicial officer of a State in amity with His
Majesty, the Court may, if it thinks fit, in a case and in circumstances
in which the Court would require his attendance before the Court, order
that he do attend in such Court, or before' such judicial officer, and for
such purpose as aforesaid.
(2) A Provincial Court, however, cannot so order attendance at any
place beyond its particular jurisdiction.
(8) If the person ordered to attend, having reasonable notice of the
time and place at which he is required to attend, fails to attend accord-
ingly, and does not excuse his failure to the satisfaction of the Court,
he shall (independently of any other liability) be guilty of an offence
against this Order.
153. When a British subjeer, invokes or submits to the jurisdiction Actions British byin
of a Chinese, Corean, or foreign Tribunal, and engages in writing to subjects
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,
enforce payment of such fees and expenses in the same manner as if they
were fees payable in a proceeding by such person in that Court, and shall
pay over or account for the same when levied to the proper Chinese,
Corean, or foreign authority, as the Court may direct.
154. —(1) The Supreme Court may upon proceedings the application of
British subject or foreigner who has obtained a judgment or order for the Uarnishee
recovery or payment of money in a foreign Court in China or Corea foreign judgmentCourt*
of
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
j still unsatisfied, and that a British subject is alleged to be indebted to
j such debtor and is within the jurisdiction, order that all debts o ving or
| accruing from such British subject (hereinafter called the garnishee) to
^ such debtor shall b • attached to answer the judgment or order; and by
|j thesosam
or • or asa subsequent
much order,tomay
may be sufficient orderthethejudgment
satisfy garnishee orto order
pay hisofdebt
the
\ foreign Court. ,
(2) The proceedings for the summoning of the garnishee, for the
^ ascertainment of his liability, and for the payment of money ordered by
the Court to be paid, and all matters for giving effect to this Article, may
be regulated by Rubs 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 similax powei
4
-£8 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 its
a Court established under this Order.
VIII.—Regulations .
B8
Keeguiatia ions.ns collec155.
tivelyHiswithMajesty’s
respect Ministers
to China inandChina
CoreaandorCorea
any shall
parts have power
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:—
(а) For the peace, order, and good government of British subjects
in relation to matters not provided for by this Order, and to
mat! rs intended by this Order to be prescribed by Regulation.
(б) 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, ana 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
to which the breach is committed.
Municipal 156. HisofMajesty’s
emulations. j-Jjq exercise the powersMinisters
aforesaid,inmay,
China and think
if they Coreafit,respectively,
join with thein
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
if they^related to British subjects only.
Regulations
emu a ions. 157.—(a) Regulations
effect as respects made
British or adopted
subjects unlessunder this they
and until Orderare shall not
approved
oy His Majesty the King, that apprqval 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 have 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
(b) Any Regulations when so approved, and published as provided
Isy this Order, shall have effect as if contained in this Order.
158. —(1) All Regulations approved under this Order, whether im
ing penalties or not, shall be printed, and a printed copy thereof shall be
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 committin 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
observe, and to enforce the observance of, or shall deprive any person of
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
China or Corea from doing anything which His Majesty’s Consuls in the
dominions of any other State in amity with His Majesty are, for the time
being, by law, usage, or sufferance, entitled or enabled to do.
162. —(1) Every British subject resident shall, Registration inBritish
January in eve
year, register himself at the Consulate of the Consular district within ofsubjects.
which he is resident: Provided that—
(a) The registration of a man shall comprise the registration of his
wife, if living with him ; and
(b) The registration of the head of a family shall be deemed to com-
prise the registration of all females and minors 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) Every British subject arriving at a place in China or Corea
where there is a Consular office, unless borne on the musier-roll of a
British ship there arriving, shall, on the expiration of one month after
arrival, be deemed, for the purposes of this article, to be resident, and
shall register himself accordingly.
(4) A person shall not be required 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.
!
4
100 ORDERS IK COUNCIL
(7) The names and descriptions of females and minors whose
registration is comprised in that of the head of the family shall, unless in
any case the Consular officer sees good reason to the contrary, be indorsed
on the certificate of the head of the family.
(8) It shall be lawful by King’s Regulations to require that every
person shall, on every registration of himself, 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 t6 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 a gainst
this Order, and any Court or authority may, if it thinks fit, decline to
recognize him as a British subject.
Deposit,
powers oi 163. Section 48 of the Conveyancing and Law of Property Act, 1881
attorney.of (which relates to the deposit of instruments creating powers of attorney
in the Central Office of the Supreme Court in England or Ireland), shall
apply to China and Corea with these modifications, that is to say: the
Office of the Supreme Court is substituted for the Central Office, and
Rules of Court under this order are substituted for General Rules.
Rates of for
exchange 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,ofAc. are stated or imposed in terms of British currency, shall, if not paid
in British gold, be paid in China in British or Mexican dollars at the
rate of exchange fixed periodically by the Treasury; in Corea, in
Japanese currency at the rate of 10 yen to the pound sterling.
The said rates of exchange shall apply to the ascertainment of the
value of any income for any purpose of qualification or of any limitation
oi security, in any case where this Order or any Rule or Regulation con-
Accounting tains a reference to British currency.
fines, fees, &c.ot 165. Except as in this Order otherwise provided, all fees, dues, fines,
and other receipt? under this Order shall be carried to the public
account, and shall be accounted for and paid as the Secretary of State,
Report oy with the concurrence of the Treasury, directs.
Judge 166. Not later than the 31st March in each year, the Judge of the
Supremeof the Supreme Court shall send to the Secretary of S ate 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 fe s 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 by directs.
Provincial 167. Each Provincial Court shall at such time as may be fixed by
Court. Rules of Court furnish to the Supreme Court an annual report of every
ease, civil and criminal, brought before it, in such form as the Supreme
Court directs.
Publication of
Order. 168. —(1) A prin
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 COREA 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 Rules made or in force under this Order, and
no proof shall be requ ired of any of •such matters.
The provisions of the Evidence Act, 1851 (14 and 15 Viet., cap. 9.9),
Secs. 7 and 11, relating to the proof of judicial and other documents,
shall extend and be applied for all purposes as if the Courts, districts,
and places to which this Order applies were in a British Colony.
169. —(1) The Orders in Council mentioned in the Schedule to this R
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 Rules
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 so3
that the same may be revoked, altered, or otherwise dealt with unde
this Order, as if they had been made under this Order.
(3) Criminal or civil proceedings begun under any of the Orders re-
pealed by this Order, and pending at the time when this Order comes into
operation, shall, from and after that time, be regulated by the provisions of
this Order, as far as the nature and circumstances of each case admits.
(4) Lists of jurors and assessors in force at the passing of this
Order shall continue in force until revised and settled under the provi-
sions of this Order.
170. —(1) This Order shall take effect on such day not less than one
month nor more than three months after it is first exhibited in the public “1red"trof
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 OKDEES IE 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 J
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 S
the provisions of this Article have been complied with, nor shall any act j
or proceeding be invalidated by any failure to comply with any of such
provisions.
(8) Where this Order confers power to make any appointment, !
Rules, or Regulations, or to do any other thing for the purposes of this 1
Order, that power may be exercised at any time after the passing of this
Order, so, however, that any such appointment, Rules, or Regulations j
shall not take effect before the commencement of this Order.
short Title. 171 This Order may be cited as “ The China and Corea Order in j
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) ODDER IN COUNCIL, 1914
At the Court at Buckingham Palace, the 80th day of Match, 1914
Present :—
The King’s Most Excellent Majesty •'
Lord President Lord Colebrooke
Viscount Knollys Lord Emmott
Whereas by treaty, grant, usage, sufferance, or other lawful means His Majesty
the King has jurisdiction in China:
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is
pleased, by and with the advice of His Privy Council, to 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 the o
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 again-t 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
H is Maj esty’ s Govern ment. A cceptance of t h e munici pal regu1 at ions
or byelaws of a foreign concession by His Majesty’s Goivenment shall
be signified by a copy thereof being exhibited and kept exhibited in
the public office of His Majesty’s consulate at such treaty port.
(2) That no punishment other in nature or greater in degree than that
provided by the Principal Order shall be imposed.
(3) That the Court is satisfied that effectual provision exists for the
punishment in the Court of the foreign Powers whose municipal
regulations or byelaws it is sought to enforce of breaches by the
subjects or citizens of that Power of the municipal regulations or
byelaws of British concessions in China.
4. In article 21 of the China (Amendment) Order in Council, 1913, the reference
to article 13 should be read as a reference to article 19, and in article 29 the
references to articles 21 and 22 should be read as references to articles 27 and 28.
and in article 50 the reference to article 41 should be read as a reference to article 48
And the Right Honourable Sir Edward Grey, Baronet, K.G., one of His
Majesty’s Principal Secretaries of State, is to give the necessary directions herein.
Almeric Fitzrot.
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 a/t 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 Wy and with the advice of His Privy Council to order, and it is
hereby ordered, as follows :—
1. This Ordfer may be cited as “The China (Amendment No. 2) Order in
Council, 1920,” and shall be read as one with “ i'lie Cnint Order in Council, 1904”
(hereafter called the “ Principal Order”), and with any Order amending the same.
2. The words in Article 101 of the Principal Orler “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 vhich it is first exhibited in the
Public Office of ihe Supreme Court at Shanghai.
And the Right Honourable G-eorge Nathaniel, Earl Curzon of Ke Heston, 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
oruebed, 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, 1901 ”
(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 CHltfA (AMENDMENT) ORDER IN COUNCIL No 3, 1920 )05
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, p< ace or security of His Majesty’s Dominions, or of anv 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 sedi ions matter, or has in his possession with intent to publish or dis-
tribute any such newspaper or other publication, shall be guilty of a grave offence
against the Principal Order, and may, in addition to, or in lieu of, any other
punishment, be ordered to give security for good behaviour or to be deported.
4. In addition and without prejudice to any powers which the Court may
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 (l) 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 repeal shall not (a) affect the past operation thereof or
any right, title, obligation or liability thereunder; or (6) interfere with the institu-
tion or prosecution of any legal proceeding thereunder.
6. This order is in substitution for “The China (Amendme t) Order in Coun-
cil, 1920,” which has not taken effect and is hereby revoked.
And tlie Right Honourable George Nathaniel, Earl Curzon of Kedleston, K.G.,
&e., one of His Majesty’s Principal Seoretaries of State, is to give the necessary
directions herein.
Ar.MERrc Fitzboy.
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1921
At the Court at Buckingham Palace, the 13th day ok December, 1921
Present:—
The King's Most Excellent Majesty
Earl of Lytton Sir Fredt rick Pousonby
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^ OEDEE IN COUNCIL, 1921
2. —The following provisions are substituted for Artic
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 pirsonally 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 undey 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 regislered 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 bv 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 Briti-h 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 Ord
Principal Order is hereby repealed, but such repeal shall not prejudice any rights,
obligations or liabilities accrued thereunder.
THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915
At the 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 he cited as “ The China (Companies) Order in
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 C unpanies Ordinance, ” means the Life Insurance
Companies Ordinmee, 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
Or ler, 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 Consnl-G-eneral at Shanghai, including any person actin
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.
10S THE CHINA (COMPANIES) OKDEB 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 Pro
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 jurisliction 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 Comp
the Supreme Court and of the Supreme Court of Hongkong shall be concurrent,
and the said ftvo Courts shall in all respects be auxiliary to each other.
6. —Where any proceedings relating to a Hongkong Chi
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 Hougkong, 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 o
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 Co
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 Urder 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
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 a iditor
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
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 informat
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-
ingly a party to the default shall be liable tp 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 situ
limits of this Order.
13. —(1) No shares shall be issued by a China Company excep
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 sharee
shall be deemed to be issued upon the condition that if not paid for in full before tiie
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 holdjer.
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 bythe 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 be 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 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
incu red 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 allowed to operate in
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 tfie 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 co dition of his
consent are not complied with, the Company and every Director, or Manager, Secre-
tary, and other Officer, who is knowingly a party thereto, shall be guilty of an
offence, and shall be liable to a fine not exceeding 500 dollars for every day during
which such offence continues.
110 THE CHINA (COMPANIES) OEDEE IN COUNCIL, 1915
(4) Where on application made it is established to the satisfaction of the Court
that there has been a failure to comply with the provisions of this article through
inadvertence 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 be 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 Colonia^
Treasurer under Sections 20, 21, 120 (4), 219, 253, and 255 of the Ordinance shall,
within the limits of this Order, be exercised by the Minister, and under Sections 141
(1), 149, 185,- 217, and 261 shall within the limits of this Order be exercised by the-
Judge.
(4) In the application of the said Ordinance “legal practitioner” is substituted
for “counsel ” or “solicitor” or “ solicitor and counsel,” and “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 summarilv shall be £200 instead of
£20.
16. —(1) The power of the Judge under Article 119 of t
make Rules of Court shall extend to any matter which under the Ordinance or under
the Life Insurance Companies Ordinance is to be regulated by Rules.
(2) Any Rules in force at 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.
Almbric Fitzrot.
THE CHINA (COMPANIES) AMENDMENT ORDER IN
COUNCIL, 1919
At the Court at Buckiitgham Palace, the 9th bay of October, 1919
Present.:--
The' King’s Most Excellent Majesty
Lord Steward Sir Francis Villiers
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 <1 jurisdiction over British companies carrying on business within the limist
of t1 is Order :
Now, iherefore, 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, L*!?, O.f the Colony of
Hongkong,” and includes any Ordinance amending or substituted for
the sa,me.
“The Ordinance” means “The Companies Ordinance, 1911, of the Colony
of Hongkong,” and includes any Qrdiuance amending or substituted
for the same.
3. Where the general or substantial control of the business of a Company incor-
porated under the < >rdinance 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 wichin the
limits of this Order and shall be a China Company within the meaning of “The
China (Companies) Order in Council, 1915.”
4. (1) No person, other than a British subject resident within the limits of
this Order, shall act as managing-director or in any position similar to that of
managing-director, or shall otherwise exercise general or substantial control of the
business of a China Company.
(2) If default is made in compliance with this Article the Company shall be
liable to a fine not exceeding 50 dollars for every day during which the default
•continues, and every director and every manager of the Company who knowingly
authorizes or permits the default shall be liable to the like penalty-
112 THE CHINA (COMPANIES) AMENDMENT OBDER IN COUNCIL, 1919
(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 w th the Registrar of Companies at Shanghai, and a copy <>f 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 Com
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 thi* Order.
7. —(1) Subject to the provisions of this Order the jurisdictio
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 Orlinance 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,”"
provide 1 that the maximum fine which can be imposed in the case of offences tried
summarily shall be <£200 instead ot £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 ot January, 1920.
And the Rmht Honourable Arthur James Balfour, O.M., one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
At,meric Fitzkoy
STATUTORY RULES AND ORDERS, 1909. No. 751
THE CHINA AND COREA (CONSULAR FEES) ORDER IN COUNCIL, 1909
At the'Court at Buckingham Palace, the 28th day of June, 1909
Present:—
The King’s Most Excellent Majesty in Council.
Whereas by “The Consular Salaries and 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
Council, 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.
8. 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. Fitzroy.
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 101 2 6
101. and under 501. ... 5 0
501. and under 1001 7 6
1001. or upwards 10 0
For each complete 1001. not exceeding a total fee of 51.
2. On each subsequent communication in writing to the China
authorities ... ... 2 6
8. Hearing fee on each attendance of the Assessor at a sitting
of the Court 10 0
TABLES OF CONSULAR FEES
TABLES OF CONSULAR
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TABLES OF CONSULAE FEES
TEXT OF RECENT SINO-FOREIGN
TREATIES, ETC.
(Declaration oe the Nationalist Government on July 7, 1928.1
On July 7, 1923, the Ministry of Foreign Affairs of the Nationalist Gov-
ernment* made the following declaration ttranslation) oh the conclusion of
new Treaties wit.h the Powers:
“The Nationalist Government, with a view to adapting themselves to the
present day circumstances and with the object of promoting the welfare of
and the friendly relations between 'China and different countries, have always
considered the abrogation of all the unequal Treaties and the conclusion of
new Treaties on the. basis of equality and mutual respect for territorial
sovereignty as the most pressing problem at the present time. These aims have
been embodied in declaiations repeatedly made by the Nationalist Government.
“Now that the unification of China is an accomplished fact, it is the task
of the Nationalist Government to make every effort to fully realize these aims.
While they will continue to afford protection to foreign lives and property in
China, according to law, the Nationalist Government hereby make the follow-
ing specific declaration with regard to all the unequal Treaties:
“(1) All the unequal Treaties between the Republic of China and other
countries, which have already expired, shall be ipso facto abrogated, and new
Treaties shall be concluded.
“(2) The Nationalist Government will immediately take steps to terminate,
in accordance with proper procedure, those unequal Treaties which have not
yet expired, and conclude new Treaties
“(3) In the case of old Treaties which have already expired, but which
have not yet been replaced by new Treaties, the Nationalist Government will
situation.’' appropriate interim regulations to meet the exigencies of such
promulgate
Interim Regulations.
At the same time the Nationalist Government issued the following Pro-
visional Regulations Governing the Relations between China and the Powers
after the Abrogation of the Old Treaties and pending the Conclusion of New
Treaties: —
“1 Foreign countries and foreigners, as designated in these Regulations,
apply only to those foreign countries and the nationals thereof whose Treaties
with China have already expired, and with whom new Treaties have not jet
been concluded.
“2 All diplomatic officials and consular officials of foreign countries sta-
tioned in China shall be entitled to proper treatment accorded under inter-
national law.
“3. The persons and properties of foi-eigners in China shall receive due
protection under Chinese Law.
“4. Foreigners in China shall be subject to the regulations of Chinese Law
and the jurisdiction of Chinese Law Courts.
Republic* Sin’se October' 10, 1928, the English designation has been altered to the “National Government of the
of China.'
118 SINO-FOREIGN TREATIES
“5. Pending the enforcement of the National Tariff Schedule, the regular
customs duties on commodities imported into China from foreign 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 Governments 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 iSino-Danish Commercial Treaties.
The Siuo-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 7tb, 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.
S [NO-AMERICAN TARIFF TREATY
Treaty regulating Tariff Regulations between the Republic of China
and the United States of America.
The Republic of China and the United States of America, both being
animated by an earnest desire to maintain the good relations which happily
subsist between the two countries, and wishing to extend and consolidate the
commercial intercourse between them, have, for the purpose of negotiating a
treaty designed to facilitate these objects, named as 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. V. 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:
y INO-Jb’OKE1 GrN TREATIES 119
Article I.—All provisions which appear in the treaties hitherto concluded
and in force between China and the United States of America relating to rates
of duty on imports and exports of merchandise, drawbacks, transit dues and
tonnage dues in China •shall be 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 re«pect 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 upcin their importations and ex-
portions other 01 higher than those paid by nationals of the country or by
nationals of any other country.
The above provisions shall become effective on January 1, 1929, provided
that the exchange of ratifications hereinafter provided shall have taken place
by that 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, corresoonding to the 25th of July, 1928.
(Signed) T. V. Soong
(Signed) J. V. A MacMurray
SINO-FRENCH TARIFF TREATY
Treaty Regulating Customs Relations between the Republic of China
and the French Republic.
{Translation from Vie French).
On September 29, 1928, Dr C. T. Wang sent to Mr. Cosing the French
Charge d’Aifaires at Peiping, a Note, suggesting that the tariff relations
between China and France be readjusted on the basis of the principles which
had been proposed to the British and other friendly Governments. As a result
of the subsequent negotiations between 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 wRich 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
potentiaries, that is to say:
l2o 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
cluded and I.—All
in forcethebetween
provisions
Chinawhich appear relating
and France in the treaties
to rateshitherto
of dutycon-
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 enjoyed 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 taxes upon their importations and exportations higher or other than those
paid by nationals of the country or by nationals of any other country.
Article III.—The present Treaty has been written in Chinese and French
and the two texts 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) Chengtino T. Wang.
(Signed) D. de Martel.
THE SmO-NOKWEGIAN, 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 and 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 undiu-
oriminatory 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 such
exchange of ratifications.
The texts of the iSino-Norwegian, Sino-Netherlands, and Sino-Swedish
treaties, signed respectively on November 12, December 19, and December 20,
are given below:
Treaty Regulating Tariff Relations between the Republic of China
and the Kingdom of Norway.
The Republic of China, and the Kingdom of Norway, both being animated
by an earnest desire to maintain the good relations which happily subsist
between the two countries, and wishing to extend and consolidate the com-
mercial intercourse between them, 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 d’Affaires of Norway in China;
who, having met and duly exchanged their full powers, which have been found
to be in proper form, have agreed upon the following Articles:
Article I.- 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, Tansit 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 corn pared 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-
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. Wang,
Plenipotentiary and, Minister oj
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 tbe Republic of China and
the Kingdom of the Netherlands.
The National Government of the Republic of China and Her Majesty the
Queen of the Netherlands, animated by an earnest desire to consolidate the
ties of friendship which happily subsist between the two countries and to
further develop their commercial relations, have with this object in view re-
solved to conclude a treaty, and have for this purpose named as their respective
Plenipotentiaries, that is to say:
His Excellency the President of the National Government of the Re-
public of China:
0r. Ohengtmg 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 ‘ Ohiha and the Kingdom of the Netherlands relating
to rates of duty on imports and exports of merchandise, drawbacks, transit
dues and tonnage dues in China shall be annulled and become inoperative.,
and the principal of complete national tariff autonomy shall apply subject,
however, to the condition that each of the High Contracting Parties shall
enjoy in the territories, possessions and colonies of the other, with respect
to the above specified and any related matters, treatment in no way discri-
minatory as compared with the treatment accorded to any other country.
The nationals of neither of the High Contracting Parties shall be com-
pelled under any pretext whatever to pay within the territories, possessions
or colonies of the other Party any duties, internal charges or taxes upon their
importations and exportations other or higher than those paid by nationals of
the country or by nationals of any other 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
shall prevail.
Article III. -The present Treaty shall be ratified by the High Contracting
Parties as soon as possible and the instruments of ratification shall be ex-
changed at Nanking. It shall come into force on the day on which the two
Governments shall have notified each other that the ratification has been
effected.
In faith whereof, the respective Plenipotentiaries have signed the present
Treaty in duplicate and have affixed thereto their seals.
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) Chenoting T. Wanc
(Signed) W. J. Oudendjjk.
SINO-FOREIGN TREATIES J 23
Treaty Regulating Tarifi 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 of China;
His Majesty the King of Sweden :
Baron C. Leijonhufvud, Charge d’Affaires ad 'interim of Sweden in
China;
Who, having exchanged their full powers found to be in due and proper
form, have agreed upon the following treaty between the two countries.
Article I.— All provisions which appear in treaties hitherto concluded and
in force between China and Sweden relating to rates of duty on imports and
exports of merchandise, drawbacks, transit dues and tonnage dues in China
shall be annulled and become inoperative, and the principle of complete na-
tional tariff autonomy shall apply subject, however, to the condition that each
of the High Contracting Parties shall enjoy in the territories of the other
with respect to the above specified and any related matters treatment in 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,
any duties, internal charges or taxes upon their importations and exportations
other or higher than those which are paid by nationals of the country or by
nationals of any other country.
Article IT.—The present Treaty has been drawn up in two copies in
Chinese, Swedish and English. In case of any difference of interpretation,
the English text shall prevail.
Article III.—The present Treaty shall be ratified as soon as possible by
the High Contracting Parties in accordance with their respective constitutional
procedure, by Sweden subject to the approval of the Riksdag, and shall come
into force on the day on which the High Contracting Parties shall have notified
each other that ratification has been effected.
In testimony whereof, we, the undersigned, by virtue of our respective
powers have signed this Treaty and have affixed our respective seals.
Done at Nanking the twentieth day of the twelfth month of the seven-
teenth year of the Republic of . China, corresponding to the twentieth day of
December, nineteen hundred and twenty-eight.
(Signed) Chengting T. Wang.
(Signed) Cakl Leijonhufvud.
THE SINO-BRITISH TREATY
In a Note dated August 30. 1928, Dr. Wang suggested to Sir Miles Lamp
son, British Minister to China, the readjustment of the tariff relations be
tween China and Great Britain along the lines which were later propossed
to the Norwegian, Netherlands and Swedish Governments.
f The new Sino-British tariff treaty was signed on December 20, 1928. The
«xt of the treaty is given below;
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 Seas, 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 Wedderfeurn Lampson, K.C.M.G., C.B., M.V.O., His
Majesty’s Envoy Entraordinary and Minister Plenipotentiary
t© 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 bf China to impose tonnage dues at such rates as she may
think fit.
In regard to tonnage dues and all matters connected therewith, Chinese
ships in those territories of His Britannic Majesty to which the present treaty
applies and British ships in China, shall receive treatment not less favourable
than that accorded to: the ships of any other foreign country.
Article IV—The present treaty shall be ratified and the ratifications shall
be exchanged in London as soop 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 Renublic of China, corresponding to the twentieth day of
December, nineteen hundred and twenty-eight.
(Signed) Ckengttng T. Wang.
(Signed) Miles W. Lampson.
THE SINO-BELGIAN TREATY
On August 4, 192S, Dr. C T. Wang notified Baron GuiUaume, 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 Bepublic 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 diAffaires 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 L—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 op the basis of this principle they agree that such matters shall be re-
gulated, exclusively by their respective national laws.
It is further agreed that, in respect of all questions of customs as well
as all questions relating thereto, neither of the two High Contracting Parties
shall be subject, in the territory of the other, to a treatment less favourable
than that accorded to any other country.
In no case shall the nationals of one of the High Contracting Parties be
compelled to pay, in the territory of the other, with respect to the importation
as well as exportation of merchandise, customs dues, transit taxes, or taxes
of any other kind other or higher than those which are paid by the nationals
or the nationals of any other country.
Artifile, II —The nationals of each of the two High Contracting Parties
sh^ll be subject, in the territory of the ether Party, to the laws and the
jurisdiction of the law courts of that Party.
Article III.—The two High Contracting Parties shall as soon as possible
enter 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 IV—The present Treaty is written in Chinese, French and English ;
in case of any difference of interpretation, the English text shall be held to
be authoritative.
SINO-FOREIGN TREATIES
Article V.—The present Treaty shall be ratified as soon as possible and the
ratifications shall be exchanged
day on which the two Governments at Nanking.
shall haveIt shall
notifiedcomeeachintoother
forcethat
on the
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) Chenqtino T. Wang
Plenipotentiary and Minister for
Foreign Affairs of the National
Government of the Republic of
China,
(Signed) Bakon J. Guillaume
Plenipotentiary and Charge d’Af-
faires ad interim of Belgium in
China.
THE SINO-SPANISH TREATY
On November 24, 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-
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
ehall 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 rio 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 tl.—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.
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
sovereignity.
Article TV.—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 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 ratification has been effected.
In faith whereof, the respective Plenipotentiaries have signed the present
Treaty and have affixed thereto their seals.
Done at Nanking this twenty-seventh day of the twelfth month of the seven-
teenth year of the Republic of China, corresponding to the twenty-seventh
day of December, nineteen hundred and twenty-eight.
(Signed) Chengting T. Wang.
(Signed) Garrido Y. Cisneros.
THE SINO-PORTUGUESE TREATY
On April 16th, 1928 General Huang Fu, then Nationalist Minister tor
Foreign affairs, notified Mr. J. A. Bianchi, the Portuguese Minister, that the
Sino-Portuguese Treaty of 1887 would expire on April 28th, and after various
negotiations the following treaty was signed on December 19, 1928.
Preliminary Treaty of Amity and Commerce between the Republic of China
and the Republic of Portugal.
The Republic of China and the Republic of Portugal, being equally ani-
mated by the desire to strengthen the ties of friendship which have happily
subsisted between the two eountries for more than four hundred years and to
promote and consolidate
a Preliminary Treaty oftheir
Amitycommercial relations,andhavehaveresolved
and Commerce, for thisto conclude
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 Excellency the President of the Republic of Portugal:
Mr. Joao Antonio de Bianchi, Grand Cross of the Order of Christ,
Oflicer 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 >n 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.
Article IT.—The nationals of each of the two High Contracting Parties
shall be subject, in the territories 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-discrimina,tion in their commercial relations and mutual respect for
sovereignty.
Article IV.—The present Treaty has been drawn up in two copies in
Chinese, Portuguese, and Ensrlish. 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 s'tydn 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 Ghina, corresponding to the nineteenth day
of December, nineteen hundred and twenty-eight.
(Signed), : Chengtino T. Wang.
(Signed) Joao Antonio or 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 Yare, Commander of the Order of the Crown of Italy,
Officer of the Order of S.S. Maurice and Lazarus, Envoy Ex-
traordinary and Minister Plenipotentiary of His Majesty the
King of Italy to China;
Who, having met and communicated to each other their respective full
powers, found in good and due form, have 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 Cohtracting Parties shall en-
joy in the territory of the other, with regard to customs and all related mat-
ters, treatment in no Way less favourable that the treatment accorded to any
other country.
The nationals of each of the High Contracting Parties shall not be com-
pelled, under any pretext whatever, to pay within the territories of the other
Party any duties, internal charges or taxes upon the importation or exporta-
tion of goods, other or higher than those paid by the nationals of 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 access for
the enforcement and defence of their rights
5
130 SINO-FOREIGN TREATIES
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-discrinjipation in 1 their commercial relations and mutual respect for
sovereignty. ■ !
■ Article IV. !The present Treaty has been drawn up in two copies in the
Chinese, Ttali&n Sind ''English languages. It the event pf there being any
differ’ett'c^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) Chengtinc 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
,, , 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 the two countries and to promote and consolidate their com-
mercial relations, have resolved to conclude a Preliminary Treaty for Amity
and Commerce, and have, for this purpose, named 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 Kingi of Denmark and Iceland:
Mr. Henrik de Kauffmann, Envoy Extraordinary and Minister
Plenipotentiary of His Majesty the Ring of Denmark and
Iceland, to China;
Who, having met and communicated to each other their respective full
powhrs, fmihd in gobd'hhd due form, have agreed upon the following articles:
Article I.—The two HigE 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 thal.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
country7. i ,
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 IV.—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 for
Foreign Affairs of the National
Government of the Bepublie of
China.
(Signed) Henri Kauffmann
Envoy Extraordinary and Minis-
ter Plenipotentiary of His Majesty
the King of Denmark and Ire-
land, to China.
THE SINO-GERMAN TREATY
The Sino-German tariff treaty was signed on August 17, 1928.
Treaty between China and Germany.
The Republic of China, and the German Reich, animated by the desire
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 Pe-
public of China:
Dr. Chengting T. Wang, Minister for Foreign Affairs;
The President of the German Reich:
Mr. H. von Borch, Envoy 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:
*5
132 StNO-FOREIGN TREATIES
Article I.—For the purpose of attaining absolute equality of treatment
in Customs matters and,in supplementing the arrangements between China and
Germany of the 20th of May 1S21, the two High Contracting Parties agree
that in all Customs and related matters either of the High Contracting Parties
shall not, within the territories of the other Party, be subject to* any discri-
minatory Areatinept ^as? compared with the treatment accorded to any piher
country.
• Thb • 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
of by nationals of any other country
Thef #r6vision in; the exchange of notes annexed to the Sihd-t^efman agree-
ment of May 20, 1921, according to which German import goods shall pay
duties in accordance with the General Tariff Regulations prior to the general
application of ;the Automous Tariff Regulations, shall be hereby annulled
Article II.—The tvVo High Contracting Parties will enter as soon as pos-
sible: into nejtotiatfohs for the purpose of concluding a Treaty of Commerce
and Natigatfdri based.On the'iirinciple of perfect parity and equalilyr of treat-
ment.
Article lit. The present treaty has been drawn up in Chinese, German and
English; in case of a difference of interpretation the English text shall pre-
vail.'
Article IV.- The present treaty shall be ratified as soon as possible and
shall beconje. valid on the:day on which the two Governments shall have noti-
fied each other that the ratifications have been effected.
Done in duplicate at Nanking on the seventeenth day of the Eighth month
of the Seventeenth year bf the Republic of China, corresponding to the seven-
teenth day of August, nineteen1 hundred and twenty-eight.
(Signed) Chengting T. Wang.
(Signed) H. Von Borch.
THE ANT WAR TREATY (KELLOGG PACT)
1,—UNITED STATES, INVITATION TO CHINA.
Legation of the United States of America
Peking, August 27, H928.
Excellency:1
I have ‘the honour to inform you that the Governments of Germany, the
United States Of America, Belgium, Prance, Great Britain, Canada, Australia,
New Zealand, Sduth 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 in 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, ’927, 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 as
original signatories of the anti-war treaty not only France and the United
KELLOGG PACT 133:
;
States but also Japan, the British Empire and all the Governments which
participated with France and Gteat Britain in the Lofcarno &greemefhts, namely,
Belgium, Czecho-Slovakia, Germany, Italy, and Poland. This procedure met
the point raised by the British Government in its note of May 1?9, 1928, where
it stated that the treaty from its very nature was not one which concerned that
Government
to, participatealone but wasthanonejointly
othenyise in which
andthat Governmentwith
simultaneously couldthenotGovernment
undertake
in the Dominions ‘and the, Government of India; it, alap settled satisfactorily
the question whether tliere was any inconsistency between the new treaty and
the treaties of Locarno, thus meeting tbe observations?, 0f .tlie Erench Govern-
ment as; to the necessity'of extending the number'of'original signUtoties.
The decision to limit the original'sighatofies to tbe Powers named above,
that is, to the United States, Japan, the parties te the (Locarno treaties, the
British iDoteinionS; and Indid‘■was based entirely tfpb'ti''practical Considerations.
It was the desire of the United States that the negdtiatitins'be successfully con-
cluded at the earliest possible moment and that; the treaty becoipe operative
without the delay that would inevitably result were prior universal acceptance
made a condition precedent t to its coming into fpr.ee. .My .Government.■ • feIt,
moreover, that if these Powers could agreed upon a simpfe, 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 unqtialified 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-daty 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 pariacipate in the, treaty and
in that connection I am. happy to be able to report that my Government ha?
already received from several Govei'Ainents 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 tbe '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 follotvs : '
“The President of the German Reich, the President of the United States
of America, His Ma jesty the King of the Belgians, the President of the
French Republic, His Majesty the King of Great Britain, Ireland, and the
British Dominions beyond the Seas, Emperor of India, His Majesty the
King of Italy, His Majesty the Emperor of Japan,, the President of the
Republic of Poland, the President of the Czecho-Slovakian Republic, deeply
sensible of their solemn duty to promote the Avelfare of mankind;
“Persuaded that the time has gome when :a frank prescription of war
as an instrument of national policyr should be made to the end that the
peaceful and friendly relations now e±istihg between their peoples may be
perpetuated;
p “Convinced that all changes in the relations with one another should be
sought only, by pacific means and be, the, result of peaceful and orderly
process and that any signatory Power which shall hereafter seek to pro-
mote its national interests by yesort to war should be denied the benefits
furnished by this treaty;
134 KEULOGG 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 Pover 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 fespective 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 shallevidfcncing
struments be open such
to adherence
adherence byto all the other inPowers
be deposited of the also.
Washington world,Any
in-
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 ”lear that any Government adhering promptly will fully share
in the benefits of the treaty at the very moment it comes into effect.
KEDLOGG PACT 135
I shall shortly transmit for Your • Excellency's, i^nveiiient reference a
printed pamphlet containing the text in translation of YI. Briand’s original
proposal to my Government of June 20, l’i927, -and* thfe complete record of the
subsequent diplomatic correspondence on the subject of a multilateral treaty
for the renunciation of war. I shall also transmit, as soon as received from
my Government, a certified copy of the signed treaty.
I avail myself of this opportunity to extend 'tp Your Excellency the
renewed assurance ’of my highest consideration.
(-Signed) Mahlon F. Perkins,
Charge d?Affaires
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 tq 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 civilization
from the danger of destruction. We are, indeed, brought before the supreme
test whether, after those painful experiences of a few years ago which still
linger in our memory, we are not yet convinced of the absolute necessity of
a real spirit of mutual co-pperatibn to guide us in bur national policies to-
wards one another. It is therefore a sbutce of pfofound 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 our civilization and
the extraordinary length of our history. The present treaty to renounce
war is, in fact, a vindication of the teachings of our revered ancestors, and
especially as these teachings, which have been amplified by our late leader.
Dr. Sun Yat-sen, so clearly embodied in such noble principles as Universal
Justice and The Brotherhood of Nations, are also at the present moment being
applied in the building up of a ne-w 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, thaU in. orfler to make war really im-
possible, it is necessary to eliminate all’ cau'ses'which are jikply . to give rise
to any international dispute; and rigidly to uphold the princinle of equality
EXTRAJERRITORIAiLITY
and mutual respect for territorial sovereignty among all nations. My Gov-
ernment, therefore, firpily believes that all the signatory Powers will abide by
the spirit of the present treaty apd remove, at the earliest opportunity, all
of 'China’s unequal treaties and encroachments upon her sovereignty, as for
instance, the stationing of large numbers of alien troops on her soil. For it
is clear that a, free and indepe.ndent China is one of the most vital factors,
whereby permanent world peace ipay 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 abolitioii of extraterritoriality. The Notes were similar in
wording, those addressed> to the British, American and French Ministers being
identical.
The text of the Notes fe.fhe British, American and French Ministers is
as follows : C
Ministry of Foreign Affairs,
Nanking.
April 27,1929.
Your Excellency:
I have the houour (o recall to Your Excellency that the Chinese Govern-
ment, through its representatives, had Had occasion to express at the Paris
Peace Conference its strong d^Mre for the renvoval of limitations on China’s
jurisdictional sovereignty imposed upon her by the old treaty concluded between
China and the foreign Po\vers and that the Chinese iDelegation emphatically
reiterated the same desire at the Washin’gton Conference, which placed on
record its sympathetic disposition towards furthering the aspiration of China
for the removal of restrictions on her political, jurisdictional and administra-
tive freedom of action.
With the unification of China and the establishment upon a firm founda-
tion of the National Government, a new era has been happily inaugurated
in the relations between our two countries through the conclusion of the recent
Tariff Treaty, and it is 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 qf juris-
diction, and if Your Excellency’s Government could see its way to meet the
wishes of the Chinese .Government and people ih 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,
conditions, which
but has has sonotdetrimental
become only ceasedto tothebesmooth
adaptable to theof the
working present-day
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 of ihe system of consular jurisdiction have been most
clearly pointed out by the Chinese Government on various occasions and also
by the jurists and publicists of other countries in their official utterances as
EXTR ATlER ITOfMAliTTY
well as in their acadetnic discussions. It is a matter’for' sincere regret that,
while many Go^ernhifehts which are playing, an impor^nt,ui.oIe in interna-
tional
friendshipaffairsandare*harinony
eager and persistent
among nations,in ^ftch
thMr'endeavour
ariachronisticto practices
promote gj^insine
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 (dose contact between China and the foreign Powers, the assi-
milation of western legal conceptions by-c•Chinese jurists and incorporation •
of , \yestern legal principles in Chinese jurisprudence have proceeded very 1
rapidly. In addition, to the numerous codes and laws now in force, the Cwil -•
code and the QommereiaJ :code haVe reached the' final«-«stage of preparation
amd ; will be, ready fo?: promulgation .before -laimuary 1st, 1930. Courts'and
prisons, along modern lines, havfe been established, and are • heing mstablished,
thvxiiughout the whole country . , .
Inasmuch as doubt has been entertained with regard tqr the advisability
of ^relinquishing extraterWtofial privileges ‘at this juncture by the interested.■
Powers, it may he pointed out that ceHain countries, havihg ceasled tp.’enjoy'
extraterritorial privileges irt China,' havb found satisfaction in (he protection ’
given to their- nationals' by Chinese law arid havg had ho ea'use for complaint
that their interests have been in ahy Way prejudiced' Your Excellency’s'
Government vasty} 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 Chi pa 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 Ypur 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 te%rJjy reply so thaf . steps may be taken
to enable China, now unified and with a,strong Central G.ovet'urne^t, to right:
fujly assume jurisdictioh /oyer all 'nati(!nn,l‘& within, her , domajn. , .,, -
I avail myself of-1 this opportunity to renew-to' Your aE-yeeHenfey the-as-;1
suknee 'of mv higheeC consideration.
(Signed) Cp^NGTiNG T. Wang.
’ M 'mifite'r. of ForHgn A ffair*.
THE AMERICAN REPLY.
Peking, Aug. 10. 1926.
fyxcellenw . , ., : t -■ h at, !
Dr. Chengtuig T. Wang, •; * ■ :
Minister for Fore-gn Affairs,' . ‘ -
' ' A u it king , ' u /!n : ; 1
Excellency: '-w ‘' ‘ '
I have the ftonouv to^atiknowledge, the receipt of the Chinese Government’s
\ Nd.fe., of April 27th. in which there is expressed the desire-that - the United
|- over .itsshould
States, .citizens;relinquish
in. Chinatpeandfurther exercise
the hope of extraterritorial
that the American Governmentjurisdiction will
t take this desire .into ; immediate and sympathetic ..consideration.
I am directed by my- Go'vernriient to state that it is prepaffed to give
sympathetic
ment, givingconsideration
at the-same time,to theas desires
it must,expressed by the Chinese
due consideration Govern-
to the responsi-
bilities which rest upon the Government of the United StMes' ih: conne'etiori
138 EXTRATERRITORIAILITY
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 long ago as the year 1903,
in Article 15 of 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 “when
satisfied that the state of the Chinese laws, the arrangements for their ad-
ministration, and other considerations warrant it in so doing.” As recently
as last year, the American Government gave very definite evidence of its
desire to 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
authorityto incancellation
reference toof Customs
provisions
dutiesin onearlier
goodstreaties
importedwhereby China’s
into China by
American nationals had been restricted.
The exercise by the United States of jurisdiction over its citizens in
China had its genesis in an early agreement that, because of differences be-
tween the customs of the two countries and peoples, and differences between
their judicial systems, it would be wise to place upon the American Govern-
ment the duty of extending to American nationals in China the restraints and
the benefits of the system of jurisprudence to which they and their fellow
nationals were accustomed in the United States.
My Government deems it proper at this point to remind the Government
of China that this system of American jurisdiction as administered by the
extraterritorial courts has never been extended by the United States beyond
the purposes to which it was by the Treaties originally limited. Those pur-
poses were citizens
American the lawful
who control and protection
have established of thein persons
themselves China inandgood
property
faith inof
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 1844, 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 tc themselves They ha^ engaged extensively in cultural and
in commercial
perties, and, asenterprises involving has
your Govermnent largeso sums of money
graciously and extensive
indicated pro-
in the Note
under acknowledgement, there has grown up and existed between the peoples
and the Governments of the two countries a friendship thcat has endured.
The American Government believe that this condition of affairs has been due
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.
EXTRATERRI^ORIAiLITY 139
My Government has instructed me to say that the statement of the
Minister of Foreign Affairs of China, telegraphed to the press of the United
States on July 26th, to the effect that “all foreign interests in China purely
for legitimate purposes will be duly respected” has been noted by it with
pleasure as indicating that the Government of China 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 citizens 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 16, 1926, that Commission made its report. This report contained an
account of the conditions then prevailing in the judicial system of China, as
well as a number of recommendations carefully suggested as indicating the
changes and improvements which would be necessary before there would be
adequately developed a system of known law and an independent judiciary
capable of justly controlling and protecting the lives 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-
mendations 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 over its own citizens in China, my Government has followed
with attentive consideration this entire subject, including 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 well 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
in China. and sympathetic
A.nimated as it is byinterest the friendly
the most changes motives
which areandtaking
wishingplacess
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 negotiations which would have as their object
the devising of a method for the gradual relinquishment of extraterritorial
rights, either as to designated territorial areas, or as to particular kinds of
140 EXTRATEERITORIAiLITY
jurisdiction, or as to,'both, provided, tha,t such gradual relinquishment pro
ceeds at the same time , as steps are taken and improvements are achieved by
the Chinese Government in the enaetment and effective, enforcement of laws
based on modern concepts, qf jurisprudence.
I avail myself of this opportunity to. extend to Your Excellency the rer
newed assurance of my highest consideration.
(Signed) J. V. A. MacMurray.
BRITISH REPLY.
British -Legation, Reking,
, / at Peitaiho,
10th August, 1.929.
Sir,
I have the'hopour, tp, acknowTedge 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, iutPh86^ 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 qf jurisdiction by
China over all nationals j,Uj her dpinain.
, 2. I have communicated the contents of your letter to my Government
and jl am npw instructed’ to transmit to. you a reply in the following sense:
3i 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
aspedt: In particular a just'Appreciation of the reasons fpr. which and the
manner in which the present system : of extraterritoriality came into existence
seems' essential tb a dbhsidefatiorii of . the proper method for dealing with, the
problem.
4. The system of extraterritoriality in force in China has its root deep
down in the past. For thousands of years before science had improved com-
munications) the Chinese people were secluded from the rest of the world by
deserts and the ocean and they developed a civilisation and a policy peculiar
to themselves. A wide gulf was thus fixed between Europe and America on
the one hand and China on the other.
,i 5. In particular the conception of-dn^ernational 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, tq. 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 aqd to grave humiliations, on the other
hand, by. a species of amorphons apd unregulated extraterritoriality, which
was the natural outcome of these conditions, the responsibility of managing
their own affairs and maintaining order amongst themselye^ was, in some
measure luff to thqir own initiative.
6. Relations (iqnfinued for, many yearf upon this insecure and unsatisfac-
tory
quently foqting-
aijqse, Friction
gppei'aljy-vgas
out q^ten dangerously intense and, conflicts nQt infre-
(of'Aflpmapds! that some innocent;person should be
surrendered- fqr .executiq^^to ,expirate,perhaps an accideptal hgmicide or that
foreign authority sno,u,ld assmqe the-.responsibility for enforcing the revenue
laws of China, .
EXTRATERRITORIALITY 14)
7. The Qhjectj of-the first treaties was to secure: recognition by China of
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 Qpntent thajt her nationals should continue to be,ar those responsibilities
and
Chinatoentaileh
labour upon
under jthein.
those Conditions
disabilities didwhich not respect
permit for the sovereignty
thp general opening ofof
the inferior 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. H,is IVtajesty’s .ppyernment recognise the- defects l^nif ,inqonyeniepces
of the system of'consular jurisdiction to which the Gjoveenment of China haye
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. v?hich 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: year 192$. , ; . .
9. More, recently in the declaration which they .tpuhlished in December
1926 and the proposals which they made to'the Chinese authorities in January
1027 His''Majesty’s'Government have given concrete evidence ,<•>£ fheir (fesire tp
meet in a spirit of friendship and sympathy the legitimateJaspirations of, the
Chinese . people. They have already travelled some distsince' along the roadi
marked out in those documents and they are willing to examine ito 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 he possible-to. takf^ at the present:tinio.
MQ. . His Majesty’s Government would however observe fhat the promulga-
tion of codes embodying Western legal principles repfetenth'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 fHis Majesty’s Government to be ■ necessary that Western
legal principle^ 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 dic^atipn a^ Wre hands, :not; only 'of
military chiefs, but of groups anH associations who either .set up arbitrary
and” illegal frihuhals of their own p.r attempt to use, legal courts foy the far
tneraiice of political objects gather than for the administration of equal justice,r
bekwi^n Chinese* and Chinese and between 'Chinesp and foreigners. Not until
t^ese ..conditions are fulfilled in a far greater . measure Jhan appears to be tbp
case to-day will it be practicable for British merphanfs to .reside, trade (j,njd
own
freedom property throughout
and safety as .thesetheprivileges
territoriesareof accorded
China with the samemerchants
to Chinese equality inof
Great Britain. Any agreepi'ent purporting to, accopd wi$l privileges to British
merchants
which it wouldwouldberemain
impossiblefor some
to givetimeeffectto .in.
cojncpractiep.
a mere paperattempt
agreement
prema-to
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 eebnomie difficulties.
11. So long as these conditions subsist there appears to bp no practicable
alternative tb maintaining though perhaps, in a modified form the Treaty Port
system that has served for nearly a century tp regulate intercourse between
China and British subjects with her domain'. Sbine system of extraterri-
toriality is the natural corollary for the maintenance of the Treatj^ Port sys-
142 EXTRATERRITORIAiLITY
tem and the problem as it present itself to His Majesty’s Government at the
present moment is to discover what further modifications in that system 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 to renew to Your Excellency the assur-
ance of my highest consideration.
(Signed) Miles W. iLampson.
His Excellency,
Dr. C. T. Wang,
Etc., etc., etc.,
Minister for Foreign Affairs,
Nanking.
FRENCH REPLY.
The following is the English translation of the reply of the French Gov-
ernment to 'China’s Note concerning the abolition of extraterritoriality:
Monsieur Te Ministre, August 10, 1020.
I have the honour to acknowledge the receipt of the note dated April 27
m 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 1358, it is indispensable that the Chinese Government
proceed to the reform cf its laws, its judicial institutions and its method
of judicial administration, in conformity with the 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 relinquishment
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
necessary to the examination of the problem of extraterritoriality.
It is in this spirit that the French Government, faithful to its liberal
traditions, has authorized me to give you assurance that it will continue to
EXTRATERRITORIALITY 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 ihat
these reforms are effectively carried out in the adfninistration 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 oo-pperate 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 statu® 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 would take into sympathetic consideration the desire
of China to come to an agreement by which, the limitation on China’s jurisdic-
tional sovereignty will be removed and which will enable the Chinese Govern-
ment to assume jurisdiction over all nationals within its domain.
Your Excellency expressed the conviction that the reciprocal advantages
resulting from 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 obstacle
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 Government has 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 Conference on the Limitation of
Armaments, which placed on record its sympathetic disposition towards China’s
aspiration, so it will be pleased to co-operte with these Powers and with
China for the realization and fulfilment of China’s desire 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 work 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 there exists a close relationship between the
internal situation of China,. the guarantees which the laws offer to foreign
rights and interests and their administration in the whole of China on the one
hand, and the measure of progress which it will be possible to make on the road
to abolition of the special arrangements now in force with regard to foreigners
on the other. The possibility for Netherlands subjects 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 E XIItATE EDITOR lAiLI T Y
I am desired by. Her Majesty’s Qevernment 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 institution^ guaranteeing the administration of just laws
by an independent and unassailable judiciary will have rendered useful re-
forms possible in ^ the unatter 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. Otjdenijk.
To His % Excellency
Doctof (JhferfQting T. W(ing,
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 *■;
e
Peking, Aug. 14, 1929.
I have, ,th honour to acknowledge the receipt of Your Excellency’s note
of April *27; expressing on behalf of the Chinese Government the desire of
China, tp hgve .the restriction on her. jurisdictional sovereignty removed and
the hope that the Norwegian Government will take this desire into immediate
and sympathetio consideration in order to enable China to assume jurisdiction
over' all natibn^S' .within ner domain
Having.',cpnamuhicated .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,
Norway given: concrete
has always entertained evidence
towards Chinaofandthethefriendly'
Chinesefeeling
people.which
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 iquestion of revising other clauses of the treaty of
1847 between Norway and China is brought up for discussion.
As to the(by'question
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 fhe^intefnational Commission/to inquire into extraterritorial juristic-'
tipn in Chipa. ,i , . ,
I may afdd'tfikt the administration of the Norwegian jurisdiction in China
has neVCi1'been extended^ beybnd the purpose for which it was introduced, and
I am directed 'to statd in conclusion that my Government has no desire to
maihtaiii1 thg ! CorlSuiar'Cdutt : Iflngef than- dorisidered VhehbsSary and is .pre-
pared 46' abbl'i'sh; m&fc When all the’ other ’ Treaty Powers will do so’
(Sighed> N. AXIL, \
Charge d’Affaires a.i.
E XTRAT E EllITOE IM.1TY 145
CHINESE REPLY TO AMERICA.
Nanking, September 5, 192©.
Monsieur le Ministre:
I bave 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 GovernmWit in regard to the request of the Chinese Government, con-
tained in my Note of April 27, for the removal of,restrictions’on China’s juris-
dictional,1 sovereignty.
the Chinese Cpyernment is pleased to be reminded by, the American .Cov'.'
ernmeht that it,hjas^. for some time past, giyen constant jand-.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 Amerioa
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 kite of liberty, their zeal for justice, their desire to further
the advance of civilisation and their sympathy fpf 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, ft
is again thik idealism thkt' has prompted the Arherican 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 seemp to me, however, from a qareful conside,ration‘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 E^t-rghefritoriality. The
American Government is undoubtedly aware, of the fact, th.at the liberty of
American citizens, and the security of their property fights do not sp much
depend .uponthe 'c.o'ptiinued, exercise of ’jurisdiction.’,ljy' fheir own Consular
ofCourts,Ms'upon
China’s sovereign the timely
rights. tempyUl of .hindrances
Extraterritpfial tp’the free
privileges, whileand full, assertion
apparently, bene-
ficial to foreigners in. China in giving the impression pf,‘security and safety,
have really, had the most injurious effect on their relations with
by producing in the latter’the feeling of humiliafiop apd a sense of resentment, the Chinese
which have always caused mutual suspicion and the consequent Joss of mutual
confidence; thus undermining the very foundatiopg.r of friendly relations, and
not infrequently giving rise to. complications T and’ conflicts.' .Such conflicts and
complibations could beit easily
In this connexioh', may beavoided
'pointedw ereoutthere,
thatnonemf
towards.those, special privileges.
nationals of certain
countries who have lost their extraterritorial privileges’ and have submitted to
the juihsdietioti of China, the Ohihese 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 fton'toedipfles’.' 'Such marked
difference in the relatiohs between Chinese' and’ riafionals of 'ExtraterritPrial
Powers on'the one hand Und those between the Chinese apd "the nationals of
non-extraterritorial Powers on the Other will, as loiig as the extraterritorial
system is retained, become more and more pronounced, and much, as the 'ChiticSe
Government may Wy' to- ditcountenahce this difference Pf' attitude on the dktt'
of its citizens, it will UPt be within its'powers tb: Oohtro'l ihll’natn'ra'l expFbss'tdh
of their feelings.
In the event, however, of American Citizen^ relinquishing their Extraterri-
torial privileges, they may rest assured that they will enjoy the same confidence
146 EXTRATERRITOIUAJLITY
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 American
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 America.n Government renounced its rights under the Capitulations
with Turkey. The Chinese judicial system, it will be admitted, does not
suffer the least in cbhiparison 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 to find that the life and property of American citizens
in Turkey have subsequently received full and adequate protection. 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 Which have agreed to relinquish Extraterritoriality on January
1, 1930. If it had appeared to the Government of those Powers, as it appears
to the American Government, that there did not yet exist in this country
a 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 at the Washington Conference have al-
ready shown by an overt act that that system has outlived its usefulness and
should be replaced by one in harinony 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 Powrers.
thus removing the difficulties which the Chinese Government might otherwise
encounter in extending jurisdiction over all foreign nationals.
It is the hope of the Chinese Government that whatever misgivings and
apprehensions the American Government may have in considering the subject
under discussion will be now dispelled, and that, in the further examination
of this subject, it will be actuated by much weighter considerations, namely,
the enhancement (>f 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
ofExtraterritoriality
the Chinese Government
in China forwillmaking the necessary
be abolished arrangements
to the mutual wherebyof
satisfaction
both Governments.
“I avail myself, etc.
Wang Chengting."
EXTRATERRITORXAiLlTY 147
CHINESE REPLY TO FRANCE.
Nanking, September 7, 192Q.
Monsieur le Ministre,
I have the honour to acknowledge the receipt ol 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 tq 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 great things in a short space of
time, had the wisdom and foresight to relinquish its special privileges similar
to those enjoyed hitherto by its nationals in China and has had the satisfaction
to find that the life and property of French citizens in Turkey have subsequently
received full and adequate protection. The French Government which did
full justice to the Turkish people in the matter of jurisdiction without any
apprehensions and with satisfactory results will no doubt solve the problem of
Extraterritoriality in China in the same friendly and sympathetic spirit.
It has been perhaps brought to the knowledge of the French Government
that the Chinese Government has recently concluded treaties with several other
Powers which have agreed to relinquish extraterritorial privileges on January
1st, 1930. If it had appeared to the Governments of those Powers, as it appears
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 enhanceiheht 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 for making the necessary arrangements
whereby
faction ofExtraterritoriality
both Governments. in China will be abolished to the mutual satis-
I avail myself :of this opportunity to renew to Your Excellency the assur-
ance qf my higbeSjt consideration.
(Signed) C. T. Wang.
RKtGIAN CONCESSION AT TIENTSIN
Agreement for Rendition.
The Belgian G^yeEppent being desirous, with a view to strengthening the
bOnds of ^100^814^ existing between Belgium, and China, to restore on its
own iniijiatiyeiancl .without , compensation to the National Government of tlie
Republic
it by the of Cmpa tnp.Convention
Sipo-Beigian Eelgian .Conoespion in Tientsin
of February 6th, 1902which was ofgranted
(28th day the 12thto
month Of the 27th, y purpose appointed their Plenipotentiaries, that is to say:
His Excellency the J?resident of, the NationaF Government of the Re-
" " public'China :
Dr tin^ Ling, Adviser, .ofi the Commission of, the ministry of
’. . .... Foreign Affairs •,
Mi’- theKwang-ting
Ministry Chao,
of/dhe Section-Chief
Interior; of the Land Department of
j Mr. H. EL- Tcheng,; ■Commissioner of the First Special Area in
, ... . Tientsin :
■ nr. .Tzong'Fah Hwang, Minisf-ei- Plenipotentiary, Attorney at Law;
His Majesty the King; of the Belgians:
Baron, Jules Guillaumb,... ,Cpy>nsellor% of Legation, Chevalier de
T.eopold;
Who, having communicated tp each other their respective full powers found
to be'in gobd and due:form,, hnve agreed upon the fqpowing 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 AgTCeraent. 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
Conyepfion and contract relating thereto shall cease to be operative.
Article II.—The PrdviSiqjial Belgian Municipal Council of the said. Con-
cession shall ceate to exiM'hh’the day of the coining into force-of the present
Agreement. ' '' '
All the dogumeirf?!, registers,Amd all other papers belonging: to the Bel-
gian Athninisjtration shall be immediately handed over to the National Gov-
ernment of the Republic of .China, whereupon the Provisional Municipal Coun-
cil wJll be’ entirely .relieved .pf, all responsibility for its administration-
StNO FOREIGN TREATIES 149
Article III.—Beginning from the day pf,the coming into force of the pre-
sent Agrjesement, 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 Concession, such as
wharfs, piers, roads, railways together with the land occupied by them, in
eluding block Q. lot b, in’accordance with the map'hereto annexed, and also
machines, implements, furniture, police equipment, as per inventory list hereto
attached, belonging to the Belgian Municipality,; a.s 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 '^ociete Anonyme de la Con-
cession Beige de Tientsin shall be modifie^ in accordance with the new state
of thingk and the provisions of Article 6 of the pfeseht Agreement shall equally
be applicable thereto-
Article VI.—-Within one month after the coming into force of the present
Agreement, the title Reeds and certificates of priykte, property issued by the
Belgian Consulate for land situated in the Belgian Concession shall be handed
over to the Chinese authority concerned who'shall issiie in exchange certificates
for perpetual lease. A registration fee of one dollar per mow shall be charged.
The. Chinese authority concerned will issue the new certificates within a period
of a month.
Article VII.—-The present Agreement shall he Ratified as soon as possible
and shall come into force on the day qn which"'the two Governments shall have
notified each other that the ratification has been effected.
Article VIII.- The present Agreement has been written in three languages,
Chinese, French and English, and in case of divergence of interpretation the
English text shall be authoritive;
In witness whereof, the respective Plenipotentiaries have, siged the prfsent
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. Bepublic 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. Gullattme,
Plenipotentiary for Belgium.
SING-JAPANESE AGREEMENT
’Article’ L—The Chinese and the Japanese Governments agree that all
mat.tefs relating to rates of fl;uty op the import: ancj export of articles, draw-
backs, transit .d ups'apd toqhpge dues in the territories ofi China nnd the ter-
ofritories
Japanofrespectively.
Japan shall' h,e; regulated, exclusively- by’ the... laws of China and
. Article II.—The GpvernPieh,ts, of China and of Japan shall reciprocally
franf to each other ■ and to the nationals of the other country, in customs
uties, 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 tnanufactured in the territories of China or of Japan
and imported into the territoiies of the other, from whatever place arriving^
shall receive, in import duties, drawbacks and transit dues and all other similar
internal charges, and in all matters connected therewith, treatment not less
favourable than that accorded or to be accorded to the like articles produced
or manufactured in any other foreign country.
Articles produced or manufactured in the territories of China or of Japan
and exported to the territories of the other shall receive, in export duties,
drawbacks and transit dues and all other similar internal charges, and in
all matters connected therewith, treatment not less favourable than that
accorded 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 dues and all matters connected therewith vessels of
China and of Japan shall each receive in the territories of the other treatment
not less favourable than that accorded or to be accorded to the vessels of any
other foreign country.
Article III.—The stipulations contained in the foregoing Articles as well
as in the exchanged Notes annexed to the present Agreement shall be in-
corporated in, and form part of, a Treaty of Commerce and Navigation to
be negotiated and concluded as soon as possible between the Republic of China
and the Empire of Japan.
Article IV.—The 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.
Article V.-—The present Agreement shall enter into force on the tenth
day following the date of the signature thereof.
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 Charge China.
Convention Regulating the Relations Between China and France Concerning
French Indo-China and the Chinese Provinces Adjoining.
(Translation)
The National Government of the Republic of China and the Government
of the Republic of 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 between 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. Wang, Minister of Foreign
Affairs of the National Government of the Republic of China?
SINO-FOREIGN TREATIES 151
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
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 Hsu (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 eleventh year of Kwang Hsu (June 9, 1885) are also abrogated.
Article II.—The city of Lungchow of Kwangsi and those of Szemao,
Hokow and Mengtze of Yunnan shall remain open to the trade across the land
frontier of China and French Indo-Ohina.
Article and
Haiphong III.—The 'Chinese
to Saigon, citiesGovernment may send Consuls
of French Indo-China, and the toFrench
HanoiGov-or
ernment may continue to send Consuls to the localities mentioned in the pre-
ceding Article.
The heads and acting heads of Consulates and vice-Consulates, as well as
the members of the Consular service shall be nationals of the country which
appoints them. They shall not engage in commerce or industry.
Article IY.—Chinese nationals entering the territory of French Indo-
China and French nationals of Indo-Ohina entering the territory to China
must be provided with passports issued by the competent authorities of their
country of origin. Such passports shall be visaed by a Consulate of the
country of destination or by the proper authorities of the said country.
The High Contracting Parties undertake to grant to each other, in con-
formity with their respective laws and regulations, the most-favoured-nation
treatment with regard to the fulfilment of formalities, including those relating
to identification, concerning (1) passports (2) the system of internal laissez-
passer and visa for departure (3) the entry or departure of Chinese nationals
and French nationals of Indo-China going to Indo-China or the three provinces
of Yunnan, Kwangsi and Kwangtung.
Nothing is changed in the system of temporary or permanent passes issued
to inhabitants of the frontier who 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 V.—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 and 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 nationals of China in French Indo-China and the French nationals
in the above specified Chinese localities shall not be subjected to taxes, im-
posts or contributions higher or other than those to which nationals of the
most-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
152 SINO-FOREIGN TREATIES
enjoy a preferential treatment and shall riot be subjected to the transit duty
of the general tariff.
They will only pay a dilty of 1% ad Valorem.
Likewise, Chinese' goods exported from the Provinces of Yunnan, Kwangsi
and Kwa.ngtung 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 dowTn subsequently in List A annexed to the present Con-
vention shall be. exempted from all duties. Other goods shall pay a duty Of
1% ad valorem.
War materials, arms and ammunitions which the . National Government
m'ay desire to transport in transit uver the territory of Tonkin shall ;bo.
exempted from all duties. ‘
Indo-Chinese vessels, Cxceptirig warships and vessels for the tfansprirtatidn-
of troops, arms and ammunitions, may ply between Lang Son and Caobang
by way of the rivets Long Ki Kong and Long Ban Giang which connect Lang
Son with Lungchori and- Caobang. Such vessels arid the goods transported on
them in transit shall be exempted from the payment of any. duties for their
entry in China. ' ■ ■' vi:
uponArticle VII.—The two
the importation, iGovernments
exportation respectively
or transit undertake
in French not to establish
Indo-China and tfce
three Provinces of Yunnan, Kwangsi and Kwangtung, any prohibition cr
restriction which is not immediately applicable to other countries.
The two Goyernments, however, reserve to themselves the right of imposing
any prohibitions or restrictiqns upon the importation,,, exportation or transit
of any goods from one country to the other for reasons of national defence
and national food supply, fbr'the protection df' art objects and scientific pro-
perties, for the prevention of epidemics or epizootics, for the protection of
harvests, feir the maintenance of public morality or government monopolies,' j
provided that such prohibitions or restrictions are justified by absolute rieces-'
sity and shall be applicable to any country or Countries under the same con-
ditions.
ArticleandVIII.—The
Kwangsi KwangtringChinese
and the Government in the Provinces
Frtench Government bn the ofterritory
Yunriari,of
French Indo-Gbina 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 FoWer.
Article IX.—The nationals of China guilty or accused of crimes or riiis-
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, ngrested and extradited, it being under-
stood
nationalthatbsage.,
exception will beis., made,,
extradition of all cases in which according to . inter-
fta.t.’,ejected.
Article X.—The present Convention shall,be in force for a period of five
years.. Either, of the -High .jC/ontractiugiParties: 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 thfeir desire to; revise or terminate ;the Cpuyention,. it shall continue
to be in force, provided, however, that, at any time after the. expiration of
the said fWe-yeaf penod 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 bf such notification. ;
Tfie pfeserit Cbnverifeibn Vithi its annexes'shall be ratified as soon as pos-
sible' find the eXchfiri^b of Ratifications shall take place in Paris. It shall he
SHANGHAI PROVISIONAL COURT 153
projnuLgated in Indo-China and shall come there into force at the same time
as in the three Provinces of Yunnan, Kwangsi and Kwangtung, two months
after the exchange of ratifications.
Article XI.—The present Convention has been drawn up in Chinese and
French, both texts having been carefully .compared and verified.
In faith whereof the respective Plenipotentiaries have signed the present
Convention in duplicate and have affixed thereto their , seals.
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 of the Chinese Government. Dr. C. T. Wang protested on July
3, and insisted on the settlement of the affair directly with the Ministers them-
selves. On August 2, Mr. Oudendijk accepted Dr. Wang’s proposal.
Beginning from December 9, 1929, the resultant conference held twenty-
eight meetings at Nanking. A draft agreement was drawn up and referred by
the Delegates to their respective Governments. On February 17, 1930, the
Agreement was signed at Nanking by the representatives of the Ministers of
the interested Powers, with the exception of the French delegate Mr. Koechlia,
who had not then received the necessary instructions from his Government. The
latter’s signature was, however, affixed on behalf of the French Minister, at
Shanghai, five days later;
The following is the text of the Agreement:
Agreement Relating to the Chinese Courts in the International Settle-
ment at Shanghai.
Article I.—From the date on which the present Agreement comes into force,
all former rules, agreements, exchange of notes et cetera having special 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 with Chinese laws
and regulations relating to the judiciary and subject to the terms of the
present Agreement, establish in the International Settlement at Shanghai a
Distinct Court (Ti Fang Fa Yuan) and a Branch High Court (Kao Teng
Fa Yuen Fen Yuan). AH 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 Regulatiops 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 tor Chinese law, to the Supreme Court of China.
154 SHANGHAI PROVISIONAL COURT
Article III.—The former practice of consular deputies or consular officials
appearing to watch proceedings or to sit jointly in the Chinese Court now
functioning in the International Settlement shall be discdntinued in the Courts
established under the present Agreement.
Article I V.—When any person is arrested by the municipal or judicial police
he shall, within twenty-four hours, exclusive of holidays, be sent to the Courts,
established under the present Agreement to be dealt with, failing which he
shall be released.
Article V.—The Courts established under the present Agreement shall each
have a certain 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 Courts and shall otherwise perform their functions in accordance
with Chinese law in all cases involving the application of Articles 103 to
180 of the Chinese Criminal Code, except where the municipal police of the
International Settlement or the party concerned has already initiated prosecu-
tion, provided that all preliminary investigations conducted by the procurator
shall be held publicly and.cqungel for the accused shall have the right to be
present and heard.
In other cases arising within the jurisdiction of the courts, the municipal
police or the party concerned shall prosecute. The procprator shall have the
right to express his views, in court in all criminal cases in which the prosecu-
tion is initiated by the Municipal Police or the party concerned.
Article VI,—All judicial processes, such as summonses, warrants, orders
et cetera, shall be valid oply 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 cases. For 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 be subject to the orders and direction of the Courts and
faithful to their duties.
Article VII.—The House' of Detention for civil cases and the Women’s
Prison attached to the'Chinese court now functioning in the International
Settlement at Shanghai shall be transferred from that Court to the Courts
establishecl under the present Agreement and shall be supervised and admini
stered by the Chinese authorities.
All brisoners now serving sentences in the prison, attached to the Chinese
Court now functioning in the International Settlement and those senteneftd
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 Chihese prisons outside' the Settlement, except that offenders against
SHANGHAI PROVISIONAL COURT 155
the Police Offices Code and the Land Regulations and Bye-laws and persons
under arrest awaiting trial shall serve their periods of detention in the Settle-
ment. The prisons in the Settlement shall be operated as far as practicable,
in conformity with Chinese prison regulations and shall be subject to inspec-
tion, from time to time, by officers appointed by the Chinese judicial authorities.
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 tinder 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 their disciplinary punishment.
Article IX.—Four permanent representatives shall be appointed, two by
the Chinese Government and two by the Governments of the other Powers
signatory to the present Agreement, who together shall seek to reconcile such
differences of opinion regarding the interpretation or application of the ore-
sent Agreement as may be referred to them by the President of the Branch High
Court or by the authorities of the signatory foreign Powers, provided that
their Report shall have no binding force upon either party except by mutual
consent, it being understood that no judgments, decisions, rulings or orders
of the Courts as such shall be referred to the aforesaid representatives for
consideration.
Article X.—The present Agreement and the attached notes shall enter into
effect on April 1, 1930 and shall coptinue in force for a period of three years
from that date, provided that they may be extended for an additional period
upon mutual consent of the parties thereto.
Signed February 17, 1930.
(Signed) Hsu Mo.
On behalf of the Minister for
Foreign Affairs.
J. de Pinto Oias.
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'Affaires.
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 iBistrict Cburt hnd a Branch High Court in the In-
ternational Settlement at Shanghai, wb have the honour to request ydilr oori-
firmation of our understanding on the following points :
1. —It is understood that the Courts established under the
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 sama
as that of other Chinese Courts and provided that their territorial jurisdic-
tion shall be the same as that of the Chinese Court now functioning in the
International Settlement at (Shanghai, except (a) mixed criminal cases arising
on private foreign property outside the limits of the Settlement and (6) mixed
civil cases arising in areas surrounding Ahe Settlement.
2. —It is understood that the present practice regarding the r
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 shall b
by the Municipal Council to serve as officers and members of the judicial police
of the Courts established under the present Agreement. It is further under-
stood that among the officers of the judicial police appointed by the President
of the Branch High Court under. Article VI of the present Agreement, there
will be one to be designated by the Municipal Council, to whom will be allotted
by the President an office bn; the court premises and who will make an entry
of all judicial processes of the Courts, such as summonses, warrants, orders
and judgments, for the purpose of service or execution in accordance with the
provisions of the above-mehtiofied Article.
4. —It is understood that the establishment of the Courts prov
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 not in
or prejudice any future negotiations regarding the status of extra-Settlement
roads.
6. —It is understood that the sum of $60,000 (sixty thousan
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 hew Courts established under the present Agreement.
7. —It is agreed that in accordance with Chinese law, there
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 PORYISIONAL 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 dealt1 with in the Courts established under the
present Agreement in accordance with the? procedure in force 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. MtiyitieK Hewlett.
On behalf of His Britannic
Majesty's Minister.
L. Gronvold.
i On behalf of the Norwegian
Chargi dfAffaires.
F. E. H. Groeman.
oil 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 iSettlement at
Shanghai, in which you request my confirmation of the following points: (i9e«
preceding letter).
In reply I have the honour to confirm the undetstoo'diiig of the points as
quoted above.
(Signed) Hsu Mo.
On behalf of the Minister for
Foreign Affairs.
CHARTER OF THE COLONY OF HONGKONG
Letters Patent passed under the Great Seal of the United Kingdom,
constituting the office of Governor and Cotnmander-in-Chief of the
Colony of Hongkong and its Dependencies.
George the Fifth by the Grace of God of the United Kingdom of Great
Britain and Ireland and of the British Dominions beyond the Seas
King, Defender of the Faith, Emperor of India: To all to whom
t^iese Presents shall come, Greeting.
Whereas, by certain Letters Patent under the Great Seal of Our
United Kingdom of Great Britain and Ireland, bearing date at Westmins-
ter the Nineteenth day of January 1888, Her Majesty Queen Victoria did
constitute the office of Governor and Commander-in-Chief in and over
the Cplony of Hongkong and its Dependencies, as therein decribed, and
did provide for the Government thereof:
And whereas by Orders of Her said Majesty in Her Privy Council
bearing date respectively the Twentieth day October, 1898, and the
Twenty-seventh day of December, 18^9,7 certain territories adjacent to the
said Colony were, for the term therein uerred to, declared to be part and
parcel of the Colony in lilc manner and for all intents and purposes as if
they had originally formed part of the Colony:
And whereas We are minded to make other provision in lieu of the
above recited Letters Patent of the Nineteenth day of January 1888:
Now, know ye that We do by these presents revoke the above recited
Letters Patent of the Nineteenth day of January, 1888, but without pre-
Jannary, 1! judice to anything lawfully done thereunder; and We do by these Our
Letters Patent declare Our Will and Pleasure as follows :
I.—There shall be a Governor and Commander-in-Chief in and over
Our Colony of Hongkong and its Dependencies (hereinafter called the
Colony),,and appointments to the said Office shall be made by Commission
under Our Sign Manual and Signet.
II. —We do hereby au
SH Governor and Commander-in-Chief (hereinafter called the Governor) to do
and execute all things that belong to his said office, according to the tenour
of these our Letters Patent and of any Commission issued to him under
Our Sign Manual and Signet, and according to such Instructions as may
from time to time be given to him, under Our Sign Manual and Signet, or
by Order in Our Privy Council, or by Us through one of Our Principal
Secretaries of State, and to such laws as are now or shall hereafter be in
force in the Colony.
Publication
Governor’s of III. —Every person a
mission. Com • all due solemnity, before entering upon any of the duties of his office,
cause the commission appointing him to be Governor to be read and
published in the presence of the Chief Justice or other Judge of the
Supreme Court, and of such Members of the Executive Council of the
CHARTER OF THE COLONY OF HONGKONG 159
Colony as can conveniently attend ; which being done he shall then and
there take before them the Oath of Allegiance in the form provided by ah by Governor.1'en
Act parsed in the session holden in the Thirty-first and Thirty-second
years of the reign of Her Majesty Queen Victoria, intituled' “ An Act to ^‘vfit^'c.’Tz!
amend the Law relating to Promissory Oaths and likewise the usual
Oath for the due execution of the office of Governor, and for the due and
impartial administration of justice ; which Oaths the said Chief Justice or
Judge, or if. they be unavoidably absent, the senior Member of the
Executive Council then present, is hereby required to administer.
IV. —The Governor shall keep and use the public seal 'of .the Colony Pa
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 coun
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 t he 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,and c
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 confirmed by Us through one of Our Principal Secretaries of State the
Governor shall forthwith by an instrument under the Public Seal of the
Colony revoke the appointment of such Member, and thereupon his seat
in the Council shall become vacant.
VII. —The Governor, by and with the advice and consent of the
Legislative Council, may make laws for the peace, order, and good govern- tosentm8ke
of Council,
LaWfl
ment of the Colony. -
VIII. —We do hereby reserve to Ourselves, Our Uw9heirs and successo
full power and authority to disallow, through one of Our Principal Secret- "
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 P
and their undoubted right, with advice of Our or their Privy Council,
to make all such laws as may appear necessary for the peace, order, and
good government Of the Colony.
X. —When a Bill passed by the Legislative Council is presented'to the Ass
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 to1 the sartte, or that he reserves the
same for the signification of Our pleasure.
XI. —A Bill reserved for the signification of.Our pleasure shall take
effect so Sodff as We shM'have given Our assbnt to'the same by'Ordet in
CHARTER OF THE COLONY OF HONGKONG
•C'Qmicil.f 9^. through one of Our Principal Secretaries of State, and :$je
Governor shal! 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
Govprnor for his assent.
XII. -—In the makin
Council shall conform to and observe all rules, regulations, and directions
in that behalf contained in any Instructions under Our Sign Manual and
Signet. -
XIII. — The Gove
execute, under the Public Seal of the Colony, grants and dispositions of
any- lands which may be lawfully granted or disposed of by Us. Provided
that every ,such grant or disposition be made in conformity either with
some law in force in the Colony or with some Instructions addressed to
the Governor under Our Sign Manual and Signet, or through one of Our
Principal Secretaries of State, or with some regulations in force in the
Colony.
XIV. -—The Gover
Commissioners, Justices of the Peace, and other necessary Officers and
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 cr
Oolotiy, or for which the offender may be tried therein, the Governor may,
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 M agistrate 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-
ing of the department in which the officer is serving
The Governor may, upon sufficient cause to him appearing, also
suspend fi-oin the exercise of his office any person holding any office in the
Colony whether appointed by virtue of any Commission or Warrant from
Us, or in Our name, or by any other mode of appointment. Such suspen-
sion shall continue and have effect only until Our pleasure therein shall be
signified to the Governor. If the suspension is confirmed by one of
Our Principal Secretaries of State, the Governor shall forthwith cause
CHARTER OF THE COLONY OF HONGKONG
the officer to he so iiilhi’ined, In proceeding to any such suspension, the G-overnor is strictly to observe
the directions in that behalf given to him by Our Instructions as aforesaid.
XYII.-—Whenever the office of Oovernor 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 irA °ath9
to be taken by the Governor and in the manner herein prescribed; which
being done, We do hereby authorise, empower, and command Our idmTnistrator.^
Lieutenant Governor, or any other such Administrator as aforesaid, to
•do and execute, during Our pleasure, all things that belong to the office of
Governor and Commander-in-Chief, according to the tenour of these Our
Letters Patent, and according to Our Instructions as aforesaid, and the
laws of the Colony.
XVIII.—And Wedo hereby require aud.command all Our officials and
ministers, civil and military, and all other inhabitants ,pf, the Colony,
to be obedient, aiding and assisting unto the Governor and to any person Hr
for the time being administering the Government of the' Colony.
XIX. —In these Our Letters Patent the ter,m “the Governor
include every person for the time being administering the government pf
the Colony.
XX. —And We do hereby reserve to Ourselves, Our heirs and succes
full power and authority, from time to time, to reyoke, alter, or amend
these Our Letters Patent as to Us or them shall seem meet.
XXI. —And We do further direct and enjoin, that these Our
Patent shall be read and proclaimed at such place or places . within the Letters ^Patent.
Colony as the Governor shall think fit, and shall come: into operation pn
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 a t Westminster, the Fourteenth day1 of February
in the Seventh year of Our Reign.
By Warrant under the King’s Sign Manual,
Schuster.
6
ROYAL INSTRUCTIONS
CONSTITUTION OF THE EXECUTIVE AND LEGISLATIVE
COUNCILS
Instructions passed under the Royal Sign Manual and Signet to the
Goyemor and Commander-in-Chief of the Colony of Hongkong and
its Dependencies.
George R.I.
FebtuargSm. 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.
Preamble Whereas by certain Letters Patent under the Great Seal of Our
United Kingdom of Great Britain and Ireland, bearing even date
Recites
Patent Letters
of even herewith, We have made provision for the office of Governor and Com-
date. mander-in-Chief (therein and hereinafter called the Governor) in 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:
Recitesof Instruc-
tions th tions And
191888, whereas Her Majesty Queen Victoria did issue certain Instruc-
January,
and Additional to the Governor under Her Sign Manual and Signet bearing date
Instructions the Nineteenth day of January, 1888, and certain Additional Instructions
7th July, 1896.of bearing date the Seventh day of July, 1896:
And whereas We are minded to substitute fresh Instructions for
the aforesaid Instructions and Additional Instructions:
Revokes in Now therefore We do, by these Our Instructions under Our Sign
wth*5January, Manual on and Signet, revoke as from the date of the coming into opera-
tionaHnstruc' ^'
tionsof?thJuly the Nineteenth
189B
Our saiddayrecited Letters Patent,
of January, 1888, andthe aforesaid
the aforesaidInstructions of
Additional
- Instructions of the Seventh day of July, 1896, but without prejudice to
anything lawfully done thereunder, and instead thereof We do direct
and enjoin and declare Our will and pleasure as follows:—
Administ
of oaths. ation ^j)eI.—The
pU^iic Governor
service of may, whenever
the Colony he thinks
to take fit, ofrequire
the Oath any person
Allegiance, in the
form prescribed by the Act mentioned in Our said recited Letters Patent,
together with such other Oath or Oaths as may from time to time be
prescribed by any laws in force in the Colony. The Governor is to
administer such Oaths, or to cause them to be administered by some
public officer of the Colony.
EOYAL INSTEUCTIONS—H ONG KONG 163
II. —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. [As amended by Additional Instruction dated 16-11-28.]
III. —Whenever any Membei, other than an ex officio Member, of
the Executive Council of the Colony shall, by writing under his hand, Member?*?the
resign his seat in the Council, or shall die, or be declared by the Executive
Governor by an Instrument under the Public Seal of the Colony to be Ooun°
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, provisionally
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
his appointment is disallowed by Us, or if the Member in whose place he
was appointed shall be released from suspension, or, as the case may be,
shall be declared by the Governor by an Instrument under tin* Public
Seal capable of again discharging his functions in the Council, or shall
return to the Colony, or shall cease to sit in the Council as an ex officio
Member. t
IY.—The Governor shall without delay, report to Us, for Our con- such provisional
firmation or disallowance, through one of Our Principal Secretaries of be ^mediately0
State, every provisional appointment of any person as a Member of the reported,
said Executive Council. Every such person shall hold his place in the
Council during Our pleasure, and the Governor may by an Instrument
under the Public Seal revoke any such appointment.
Y.—The Official Members of the Executive Council shall take pre- Precedences.
; cedence of the Unofficial Members, and among themselves shall have
I seniority and precedence as We may specially assign, and, in default
) thereof, first, the ex officio Members in the order in which their offices
t' are above mentioned (except that the Senior Military Officer, if below
the rank of Lieutenant-Colonel in Our Army, shall take precedence after
1 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
t named therein.
VI.—The Governor shall forthwith communicate these Our Instruc- Governor to
tions to the Executive Council, and likewise all such others, from time to
time, as We may direct, or as he shall find convenient for Our service to Executive CouneU
! impart to them. ‘ '
164 ROYAL INSTRUCTIONS—HONGKONG,
Executive) _ YIX.—The Exec|ijt|iy@„Council> sija,!] not prooe^(J to ^he despatch of
proceed
business to^
unless business
tw.p unlessatduly
,]Vienrbe^s sninruoued
the least by authority
(exclusivt}, of ,himselfofortheofGovernor,
the Member nor presid-
unless
Go™ernor’sy by ing), be present and assisting throughout the whole of the meetings at
Quorum
who to preside. which,YIII.-r-The
any. suph; business
Governorshallshall
be despatched,
attend and preside at all meetings o>f
the Executive Council, unless when prevented by illness or other grave
cause* and in his absence such Member as the Governor may appoint, or in
the absence of such Member the senior Member of the Council actually
present, shall preside.
Minutes of ' I.Xi—Minutes shall be regularly kept of all the proceedings of the
Council
kept. to be the Executive Council; and
last preceding at eachshallMeeting
meeting of the Council
be confirmed the Minutes
or amended, as the caseof
may require, befbte proceeding to the despatch of any other business;
To be transmit' '* Twi'ce' in each year a full and bxact copy of all Minutes for the
preceding half year shall be transmitted to Us through one of Our
Principal Secretaries of State.
consult e "e 01
tiye Council ' Governor X,—Inby.the
Ourexecution of the
said recited powersPatent,
Letters and he
authorities
shall in allgranted to the
cases consult
with the Executive Council, excepting only in cases which may be of such
a uature that, in, his judgment, Our service would sustain material pre-
judice by consulting the Council thereupon, or when the matters to be
decided shajl 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
i he reasons therefor.
Governor
entitled alone XI.
to sub- the Executive —The Qov
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^he Minutes his written application,
together with the answer returned by the Governor to the same.
Governor
act may XII.
in opposition ties granted' —The G
toCouncil.
Executive 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.
XIII.
Legislativi Governor, the Lieutenant-Governor (if any), —-The
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 Letters Patent are
Official Members Official Members of the said Council, or as We may from time to time
appoint by any Instructions <>r Warrants under Our Sign Manual and
Signet, or as the Governor, in pursuance of Instructions from Us through
ROYAL INSTRUCTIONS—HONGKONG 165
due of Our Principal Secretaries of State, may from time to time
appoint by an Instrument under the Public Seal of the Colony, and all
such persons shall-be styled Official Members of the Legislative Council;
and further of such persons, not exceeding eight in number at any one time,
as,at the date ,of the, coming into operation of Our saidypcited Letters
Patent are Unofficial Members of the said Council, , or as, the Governor,
in pursuance, of Instructions from Us* through..one, , Our Principal e
Secretaries of State, may frpm time to time, appoint by an Instrument
under the Public Seal pf the,,Colony,. and all ^uch persons shall be
styled Unofficial Members of the Legislative Council.
If any Official Member of the Legislative'Council deise to hold V.i., '
office in the Colony his seat in: the Council shall thereupon become
vacant. ' [As amendfed bp Adai XIV. —Whenever any Member .other than an e* Qffipio Member of Pro
the Ueg'slative Couneil, of the, Colc^py shall, py writing under his hand, pFace^of^Mem"
resign his seat in the Council, or shall die, or lie .suspended from the bers abseilt>
exercise, of his .functions as a Member of the Council, or be declared by
the Governor by an Instrumerit 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 sffiall be acting in ah office the holder of
which is an ex officio Moihber of the Council, of if his seat become
vacant, 6r whenever any person shall be lawfully discharging the func-
tions of more than one of the 6ffie'e?s!the’holders of which are ex officio
Members of the,Council, the Governor may, by ;ah Instrument under the
Ppblic Seal of the Qolony, provisionally .appoint in his place some person
to' ,he temporarily an Official.or. Unofficial Member, of the.Council, as the
casse 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, of superseded by the definitive appointment of
an Official of Unofficial Member of the Council, or if the Member in
whose place he was appoiuted shall return to the ,C6lony, or shall be
released from' suspension, or shall be declared by the Governor by an
Instrument un functions in the, said Council., or shall cease to sit in the Council as an
ex officio Member, or shall dease to1 discharge the functions of more than
oh'C’6f the offices the holders pf which are Members of the
Council, as the case may be.
The Governor,shall, wiihbut delay, report to Us, fOr Our confirma- Provisional
tioir or disallowance', through one of Our Principal Secretaries of State, ^mmedtateiy
every provisional - appoint ment ‘of- any person as an Official or Uhofficial reP°rted-
Member of the Legislative Council. . .
Every such person shall hold his place in the Council during Our ^'o^ation
pleasure, and tlve Governor may, by an Instruuient under the Public-Seail, appointments,
revoke any such appointment [As amended by Additional Instructions dated 16-11-28.] .
XV. 15th, 192$.^-x.
November -*r[This; . . clause
. . , .was revoked by Additional Instructions dated
XYI.— [This clause:: was' revoked by Additional Instructions dated'
January 10th. T9I22.[] 1
. - ■
XVII.—If any Unofficial Member of the Legislative Council shall Seats declared
I become bankrupt or insolvent, or shall be convicted of any criminal offence, cases!” oei ain
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 ROYAL INSTRUCTIONS—HONGKONG
Resignation
Members. ^y writing under hisUnomciai
of XV III.—Any hand, butMember
no suchmay resign msshallseattake
resignation at the
effectCouncil
until i
it be accepted in writing by the Governor, or by Us through one of Our j
Principal Secretaries of State. i
transact business transaction
notwithstanding XIX.—Theof Legislative
business on Councilof shall
account any not be disqualified
vacancies among the from the '
Members
vacancies. thereof; but the said Council shall not be competent to act in any case 4
Quorum. unless (including the Governor or the Member presiding) there be present j 1
at and throughout the meetings of the Council five Members at the least.
0 f
Membew
em e * °
' ‘ as WeXX.—The Members
may specially of the
assign, andLegislative Council asshall
in default thereof, take:—precedence
follows
(1) First, the Official Members in the following order:—
0) 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).
(6) 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:—
(a) The Unofficial Members who are also Members of the'
Executive Council of the Colony according to the pre-
cedence taken as between themselves as Members of the
Executive Council.
(6) 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 Member of the Legislative Council.
[As amended by Additional Instructions of 20-11-29.]
who to preside. XXI.—The Governor shall attend and preside in the Legislative
Council, unless prevented by illness or other grave cause; and in his
absence any Member appointed by him in writing shall preside, or, in
default of such Member, the Member who is first in precedence of those
present shall preside.
Questions to be XXII.—All questions proposed for debate in the Legislative Council
majority!^ * shall res bendecided by the majority of votes, and the Governor or the Member
to’have' ori inai Pof thei^i Council,
andcH^tingvote, g shall have
and an
alsooriginal
a castingvotevote,
in common
if upon with
any the other the
question Members
votes
shall be equal.
XXIII.—The Legislative Council may from time to time make stand-
ing rules 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 anyfordebate Member of the L
Council to propose any question for debate therein ; and such question, if -
seconded by any other Member, shall be debated and disposed of according
to the standing rules and orders. Provided always that every ordinance
vote, resolution, or question, the object or effect of which may be 10
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
sball observe, as far as practicable, the following Rules:— which'ordlnanees
1. —All laws shall be styled “ Ordinances,” and the enacting words
shall be, “ enacted by the Governor of Hongkong, with the advice and Ordinances,
consent “of the Legislative Council thereof.”
2. —All Ordinances shall be distinguished by titles, and shall be
divided into successive clauses or paragraphs, numbered consecutively, and m“ thodScaHy
to every such clause there shall be annexed in the margin a short summary arranged,
of its contents. The Ordinances of each year shall be distinguished by
consecutive numbers, commencing in each year with the number one.
Except in the case of Bills reserved for the signification of Our plea-
sure, all Ordinances passed by the Legislative Council in any one year shall,
f 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
Ordinance, without intermixing in one and the same Ordinance such things gamelOrdinMd
as have no proper relation to each other; and no clause is to be inserted ane.\ Noctauee^
in or annexed to any Ordinance which shall be foreign to what the title of foreign"to what
such Ordinance imports, and no perpetual clause shall be part of any imMrts’rimpo"
temporary Ordinance. ary Ordinances.
XXVI. —The Governor shall not, except in the cases hereu
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, or other donation
or gratuity, may be made to himself:
j 3.—Any Bill affecting the Currency of the Colony or relating to the
, issue of Bank notes :
1 t.—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 :
I obligations
6.—Anyimposed
Bill theupon provisions of which shall appear inconsistent with
Hs by Treaty:
|r 7. Any Bill interfering with the discipline or control of Our forces by
i. and, sea, or air :
i | 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
jl Dependencies, may be prejudiced:
ROYAL INSTRUCTION S~HONGKOHG
9. —Any B
be subjected or made liable to any disabilities or restrictions to whicql
persons of European birth or descent are not also subjected or made liablei
10. —A.ny
13 refused, or which have been disallowed by Us :
r Unless in the case of any such Bill as aforesaid the Governor shah
immediate have previously obtained Our instructions upon such Bill through one oi
operation
Ordinanre.of a suspending
Our Priucipa! Secretaries of State, or unless such Bill shall contain a clause
the' operation of such Bill until the signification, of Oui
pleasure thereupon, or unless the Governor shall "hate satisfied himself
that an urgent necessity exists requiring that such Bill be brought, intc
immediate operation, in which case he is authorised to assent m Our name
to such Bill, unless the same shall be repugnant to the law of England, oi
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.
XX V If.—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. Xo such Bill, not being a Government measure, shall be
introduced into the Legislative Council until due notice has been given]
by not less than two successive publications pf the Bill in the Hongkong
Government Gazette, ;-nd 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"iri Our natne until it has been so published. A;
certificate under the handof the Governor shall be transmitted1 to Us with !
the Bill signifying that such publication lias been made.
Ordinances,
to be sent &c., XXVIII.—When any Ordinaxice shall have been passed or when any
home
■’• edeed.
dirty aiithenti- Governor Bill shall hive been reserved for the signification of Our pleasure, the!
shall transmit to Us, through one of Our Principal Secretaries of
State, for Our final approval, disallowance'or other direction thereupoUV 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.
Coiiection
Ordinancesevioft< each XXIX.—At the earliest practicable period at the commencement of!
published year, the Governor shall cause a complete collection to be published,!
for general information,of all Ordinances enacted during the pr-ceding
Minutes ofofpro-
ceedings XXX. —
LegislativeCoun-
oilsend
to behome
kept,and Legislative Council, and a^t each meeting.of.-the said Council, the Minutes
after of the last preceding meeting shall be confirmed, or amended, as the case
every meeting. may require, before proceeding to the despatch of any other business.
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
reservations and to XXXI. —
beforeare ing
bewastemadelands the Governor shall cause the same to be surveyed, and such reservations
disposed
Governor of.not tc purposes. The Governor shall not, directly or forindirectly,
to be made thereout as he may think necessary roads or other public
purchase for
purchase lands. himself any of Such lauds without Our special permission given through
one of Our Principal (Secretaries of State.
EOYAL INSTEUOTIONS—HONGKONG
XXXII.—All Commissions to be granted by the Governor to any per- Appointments1 to
son or persons for exercising any office or employment shall, unless other- and during™
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 0fflcere-
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
i officer does not furnish such statement within the time fixed by the Gover-
f nor, or fails to exculpate himself to the satisfaction of the Governor, the
Governor shall appoint a Committee of the Executive Council to investigate
J 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,
l 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
i I Governor thereupon proceed to such suspension, he shall transmit the
I ; 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
l ' i 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
1 i 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
d and functions of his office.
(I XXXTY.—Whenever any offender shall have been condemned bv Regulation of D
, the sentence' of any Court in the Colony to suffer death, the Governor Tncapkii ca*es
II shall call upon the Judge who presided at the trial to make to him a written Judge’s report ‘
I report of the case of such offender, and shall cause such report to be taken Coi,ncn
befoieExeoutive
into consideration at the first meeting of the Executive Council which may -
** < 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
f thereat. The Governor shall not pardon or reprieve any such offender
t1*] \ unless it shall appear to him expedient so to do, upon receiving the advice Governor to take
at* | of the Executive Council thereon ; but in all such cases he is to decide Uve'couneinn1'
a# \ either to extend or to withhold a pardon or reprieve, according to his own exercise
| deliberate judgment, whether the Members of the Executive Council concur own judgment
1 j therein or otherwise, entering, nevertheless, on the Minutes of the Execu- sonson^Councfi
n] : tive Council a Minute of his reasons at length, in case he should decide Minutes, if tm-
\‘ any such question
Members thereof. in opposition to the judgment of the majority of the majority.
theadvi^onhe
. I XXXV.—The Governor shall punctually forward to Us from year to Blue Book.
■l i j year, through one of Our Principal Secretaries of State, the annual book
,fc of returns for the Colony, commonly called the Blue Book, relating to
J the Revenue and Expenditure, Defence, Public Works, Legislation, Civil
i-Establishmeuts, Pensions, Population, Schools, Course of Exchange,
170 KOYAL INSTRUCTIONS—HONGKONG
Imports and Exports, Agriculture, Produce, Manufactures, and other
matters in the said Blue Book more particularly specified, with reference
to the state and condition of the Colony.
Governor’;! XXXVI.—The Governor shall not upon any pretence whatever quit
absence. the Colony without having first obtained leave from Us for so doing
under Our Sign Manual and Signet, or through one of Our Principal
Secretaries of State.
Term “ the"
Governor XXXVII.—In these Our Instructions the term “the Governor” shall,
explained unless inconsistent with the context, include every person for the time
being administering the Government of the Colony.
Given at Our Court at Saint James’s, this Fourteenth day of February,
1917, in the Seventh year of Our Reign.
ADDITIONAL ROYA.L 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.
Bated 10th January, 1922. George R.I.
Additional Instructions to Our Governor and Commander-in-Chief in
and over Our Colony of Hongkong and its Dependencies, or other
Officer for the time being administering the Government of Our said
Colony and it s Dependencies.
Whereas by certain Letters Patent under t he 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
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 instruc-
Signet, bearing date the Fourteenth day of February, 1917, We did con- p^bniaryYm?.
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 clause10
of these Our Additional Instructions under Ou Sign Manual and uonsYmth*
Signet, hereby revoke the Sixteenth Clause of Our said Instructions of Febnisi-y, 1917
the Fourteenth day of February, 1917, without prejudice to anything
lawfully done thereunder, and We do direct and enjoin and declare Our
Will and pleasure as follows:
I.--Every Unofficial Member of the Executive Council appointed vacation of
after the date of the receipt of these Our Additional Instructions official Members
in the Colony shall vacate his seat at the end of five years from
the date of the Instrument by which, or in pursuance of which,
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-YppofntmeYt.
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 INSTRUCTIONS—HONGKONG
Pfecedence of II.—Every Unofficial Member of the said Executive Council re-
bers^appoint-
ed
- appointed
shall take immediately on the termination
precedence according' to the dateoffrom
his term
whichof heOffice
has
been continuously a Member of the said Council.
vacation of seats III.—Every person who at the date of the receipt of these Our
Members of' Additional Instructions in the Colony is an Unofficial Member
CouncifVt of the Legislative
years, Council may
and every Unofficial retainappointed
Member his seat until
afterthetheenddate
of sixof
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' to fill a vacant seat in the Council and his provisional
appointmeht is immediately folioived by his definitive appoint*
meiit, the aforesaid periods of six years 'or four years, as the
case may be, shall be reckoned from thfei date' of the Instrument
provisiimally appointing him.
Unofficial Mem- ^ Every such .Unofficial Mefoiber shall !be eligible to be re- 1
re-^ppofm,mem t. , ' anointed
Seal of the byColony-for,a
thAGovernor by anjteHbd
further Instrument under the
not exceeding fourPublic
years
subject . to Ofif approval conveyed through one1 of Our
PrinciCd Secretaries of’State.
Given at Odr Court'at Saint James's this Tenth day of January,
li}22- in idle Ttyefft h year of Our Reign.
Auditional Instructions to the
Governor and. Cy.inmander-in-Chief, Hongkong.
ADDITIONAL ROYAL INSTRUCTIONS
Additional Instructions passed under the Royal Sign Manual and Signet
to the Governor and Commander-in-Chief of the Colony of Hong-
kong in regard to the constitution of ; the Executive Council and of
the Legislative Council of that Colony.
Dated loth Npvember, 1928. Gkokue R.l.
Additional Instructions to Our .Governor aiid Cohj.hiarider-in-Chief in
and over our Colony of Hongkdng and its Dependencies, or other"
Officer for the time being administetihg the. Governhxent of Our
said Colony and its Dependencies.
Whereas” by certain Letters I^hreht uhde'r the Gfear' Beal of Our Preamble.
Realm bearing date at Westminster the Fohrteenth day Of February,
1917, We did malte' provision‘ for1'the G overnment of Otrr. Colony of pjmffiomth8
Hongkong and its Dependencies (hfeteinafter called the, Colony) and February, 1917.
did amohgst other things declaio that there should be an Executive
Council and a Legrslative'‘Council in and for1 the Colony which should
consist of touch' persons as We might'difetit by Iristructidus under Our
Sign Manual and Sighet:
And whereas by Our Instructions under -Our Sign-Manual and wyS”10'
•Signet , bearing date the Fourteenth day of February, 1917-, We did con- February, 1917.
stitute the said Executive and Legislative' Councils.-as therein is set
forth;
And whereas we one' minded to make fuirtlrer provision respecting
the said Executive and Legislative Councils:;
Xow therefore we do, as from the date of the receipt in the Colony ^'xui xivSeS
of these Our Additional Instructions under Our Sign Manual and and xv of
Signet, hereby revoke the Second, Thirteenth, fourteenth, .and Fifteenth ^^FeWdary
Clauses of Our said Instructions of the Fourteenth day of hehruary,1917.
■1917, withdiit prejudice to anything lawfully done thereunder, and
instead thereof We do direct and enjoin and declare Opr 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 qf the Second, Thirteenth,
Fourteenth and Fifteenth Clauses thereof :
II.—The Executive Couucil of the Colony shall consist of the Lieut- Consntutmnof
enant-Governor of the Colony (if any), the Senior Military council.
Officer for the time being in command of Our regular troops
within the Colony, the persons for the time being lawfully dis-
charging the functions of Colonial Secretary, of Attorney-
General, of Secretary for Chinese Affairs, and of Treasurer of
the Colony, who are hereinafter referred to as ex officio
Members, and of such other persons as at the date of the
174 ADDITIONAL EOYAL INSTEUCTIONS—HONGKONG
coming into operation of Onr 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
Colonj, and not exceeding four in number at any one time, as
at the date of the coming into operation of Our said recited
OfRcialMembers. 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
Unofficial eight in number at any one time, as at the date of the coming
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
Secret aries 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.
Pr0V
totoent* in XIV.—Whenever any Member other than an ex officio Member
^Teo,
absent, Members
&c. ofunder
the hisLegislative
hand resignCouncil
his seatof inthetheColony
Council,shall, by writing
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—HONGKONG 175
“ Every person so provisionally appointed shall forthwith
cease to be a Member of the Council if his appointment is
disallowed by Us, or revoked by the Governor, or superseded
by tbe 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 0
tion or disallowance, through one of Our Principal Secretaries of State, be unmedtateiy
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 o
pleasure, and the Governor may, by an Instrument under the Public ment.9.PPO>r't
Seal, revoke any such appointment.
Given at Our Court at St. James’s this Fifteenth day of November,
1928, in the Nineteenth year of Our Reign.
ADDITIONAL ROYAL INSi'tiUOTlOiNS
Additional Instructions passed under the Royal Sign Manual and Signet
to the Governor and Commander-in-Chief of the Colony of Hong-
kong in regard to the precedence of Members of the Legislative
Council thereof.
Dated 20th November, 1929. George R.I.
Additional Instructions to Our Governor and Commander-in-Chief in
and over Our Colony of Hongkong and its Dependencies, or other
Officer for the time being administering the Government of Our
said Colony and its Dependencies.
Whereas by certain Letters Patent under the Great Seal of Our preamble.
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 Letters
did amongst other things declare that there should be a Legislative February, m*?.
Council in and for the Colony which should consist of such persons as
We might direct by Instructions under Our Sign Manual and Signet:
17£ ADUiTJ.ONAL KOYAfi INSTRUCIU^S-HONGKONG
Recites
r And whei'Qas by Our Instructions under Our Sign Manual and.
i4th
1917. February constitute
Signet bearing
the said dateLegislative
the Fourteenth
pouncildayas therein
of February,
is set 1917,
forth, We
and did
by
the Twentieth Clause of the said Instructions did direct that the
Members of the said Council should have such precedence as therein is
sef forth : (i '
And whereas We are minded to make other provision in regard to-
the precedence of. the Members: of the said Legislative Council:
freshciausef
clauser xxof0f0rr of these
Now Our
therefore We do, Instructions
Additional as from the dateunderof the
Ourreceipt
Sign inManual
the Colony
and
i4th
1917. Februar
rua} Signet, hereby revoke the Twentieth Clause of Our said Instructions of
’ the Fourteenth day Of February, 1917, without prejudice to anything
lawfully done thereunder, and instead thereof We do direct and enjoin
and'dehlare Onr will and pleasure that from the date of such receipt
■the'afprOsWid Ihstfuctions shall henceforth be construed and take effect
as if the following clause had been inserted therein in place of the
Twentieth Clause thereof:—
Precedence
em ers of XX.—Thh Members of the Legislative Council shall take precedence
‘ as We may1 spe’ciklly assign, and iff default thereof, as follows :—
(1) First, the Official Members in the following order:—
(a) The ex officio Members in the order in which their offices
are mentioned (except that the Senior Military Officer, if
below the rank of Lieutenant-Colonel in Our Army, shall
take precedence after the person lawfully discharging the
functions of Attorney-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: —
(a) The* Unbfficial Members who are alS© ’Members of the
Executive Council of the Colony according to the
precedence taken as between themselves as Members of
the Executive Council.
(i>) OthepIJn official Members, according tp tjhe priority, of .their.
, respective appointments, or if appointed by or in pursuance
< o|; the same Instrument; according to the order in which
they are named therein: Provided that any such [In-
official Member who is re-appointed immediately on the
termination of his term of office shall as between himself
an4 other Unofficial Members who are not also Members
' of''the Executive Council t-akd pfcceffenhe acbording to the
date from which he has been continuously a Member of
the.LegiMatite'Council..
Giyen at Our Cyurt at Saint James’s this Twentieth day of Novem-
ber. 1929, in the Twentieth Year of Our Feign.
CONSTITUTION OB’ COUNCILS—HONGKONG 177
Executive Council
The Executive Council consists' o£ :—
Official
H.E. the General Officer Cominanding tlie Troops ^M’ajbr-General
A. W. Bartholomew, c.b., c.m.g., c.b.e , n.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. AT,C. l^orth,)..
The Hon. the Financial Secretary (Mr. S. Caine).
The Hon. Mr. R. M. Henderson (Director of Public Wbrhs).
Unofficial
The Hon. Sir H. E. Pollock, Kt., k.c., ll.d.
The Hon. Sir R. H. Kotewall,. Kt.. c.m.g.,, i.l.d.
The Hon. Mr. J. J. Paterson.,
Legislative Coun’Cil
The following are the members of the Legislative Council: —
H.E. the Governor (Sir G. A. S. Northcote, k.c.m.g.), President.
Official
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 Genera,! (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 (Mr. S. Caine).
The Hon. Comdr. G.: F. Hole, k.n. (Retired) (Harbour Master).
The Hon. Mr. R. M. Henderson (Director of Public, Works).
The Hon. Mr. T. Hr Ring.(Commtesion^r;of Police):
The Hon. Dr. P. S<;SelwymClarm.c. ,(Director of Medical Services).
Unofficial
The Hon. Sir H. E. Pollock, Kt., k.c. ll.d.
The Hon. Mr. J. J. Paterson.
The Hon. Mr. T. N. Chau, c.b.e.
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. :i
The Hon. Mr. A. L. Shields.
Appointment or Members/oe . the Leg islative ^Council
By a Despatch from the Secretary of State, the following course is foliowed in
the appointment of unofficial members
Appointed, by the Governor (one at least of whom
bein£'a-member of the Chinese community) ... 6
Elected by the Chaniber Of, Commerce ...... ... 1
Elected by the Justfes of the' Pesice ... 1
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 Iftjj day ofjFebruary, 1917.
1.—Qath 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 oath of allegiance.
(2) The oath or affirmation shall be administered by the Governor.
2 —Language
(1) The proceedings and debates of the Council shall be in the English language.
(2) A member may present a petition in Chinese, if the petition be accom-
panied by an English translation certified to lie 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
(1) There shall be the following standing committees of the Council:—
(а) 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.
(б) 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.
* Onand
the XXI
subjectof the
of theKoyal
quorum, and of who
Instructions of theshould
14th preside.
February,See1917.
respectively Clauses XIX
EULES OF LEGISLATIVE COUNCIL—HONGKONG 179
(2) Three memhers shall form a quorum of any standing committee.
(3) The Governor may at any time refer direct to the Finance Committee any
proposal concerning additional expenditure not already provided for in the annual
estimates.
(4) Any member of the Council shall be entitled to attend any meeting of a
standing committee but no member may take any part in the proceedings of a
committee of which he is not a member.
5.—Select Committees
(1) Any matter before the Council may be referred by the President, or upon
a motion d uly 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 Council,
by the chairman.
(6) 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 soon as possible after the meeting.
(3) The minutes of the proceedings of the Council shall record the names of
the members attending and all decisions of the Council, and shall, when confirmed
at the next following meeting of the Council, be signed by the President.
(4) In the case of divisions of the Council or committee of the whole Council,
the minutes shall include the numbers voting for and against the question, and the
names of the members so voting.
■RUEES OF; LEGISLATIVE COUNCIL—HONGKONG
(5) The Clerk shall be responsible-for the custody of the votes, records, bills,
and other documentSrlaid. befoa’e the ,Co(uneU) which shall be open to inspection by
members of the Council, and othej; persons under such arrangements as maybe
sanctioned by the President.
' . ' . . ’ 8.—Ordek .of Business
Unless the Council otherwise direct, the business of each sitting day shall be
transacted in the following or^er:^- . ,40: >
1. Confirmation of minutes of. last preceding meeting.
2. Oath or affirmation of allegiance,of .a new member.
3. Announcements.
4. Papers, including any reports of standing or select committees
which are laid upon the table by order of the Governor and which
are,hot the subject of'finy motion.
5. ’Petitions."
6. ■ Questions.
7. ■Government business. ‘ - ;
8. Unofficial members’, motions..
GoVefnnleht btrsiness shall be'sef' dowri in such order as the President may
direct, and unofficial members’ motions shall be set down in the order hi which
notice -of each motion was given, a
9.—Petitions
(1) Every petition intended to be presented to the Council must conclude with
a-prayer Setting forth'the-general object of the- petitioner.
(2) A petition shall not be presented fo the Council unless it be in accordance
with the rules Gnih in tolhe in regard5to petitions.
. (3) The m|mber ^jedehting a petitibn may state concisely the purport of the
petition.
, (4) All petitions shall be, ordered to. lie upon the table without question put
unless a memb'ef' wfieh’1 presenting' a ^’petition ihofe for it to he read, printed or
referred to a select committee.
(S) Phe 6puncii Vi 11’hot'receffe any petition—
(d-1 which isis not
(b) which not properly
addressedandto respectfully
the Council;worded;
(c) which has not at least one signature on the sheet on which the
. prayer of the petition appears;
(df' H^hifeh has hot at ‘feast the prayer at the head of each subsequent
'shifet of 'sighathfes;.
(ty iviiiffil afiks for a grant of public money or the release of a debt to
public funds unless the recommendation of the Governor thereto
O' has-been
'whieh doessignified; bV with such rules as may from time to time
not conform
i'be'prescribed' by the Gouncil. 1
O ' : 10;-t-Papers
(1) All papers shall be presented by an official member of the Council and their
presentation shall, be, entered upon the minutes.
(2) A menffier presenting a paper may make a short explanatory statement of
its contents.
RULES OF LEGISLATIVE COUNCIL—HONGKONG 1.81
(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
debate.
(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 memb
other public matter connected with the business of the Council for which such mem-
bers are responsible.
(3) A question shall not contain arguments, inferences,'opinions, imputations,
epithets, ironical expressions, or hypothetical cases.
(4) A -question shall not 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. ■ o .- ■ /.
, (6) A question shall hot be ask’C'd without Written notice, unless it is of an
iil'geht character hud fhe'hiember has obtaitied' the leave of the President so to ask it.
(7) . 4, question mustiUpt be made the pretext fo
fully answered be asked again without the leave pf the i President.
(8) A member may ask a supplementary question for the purpose of further
elucidating any matter of fact regarding which an answer has been given; tut a
supplementary question must uot be used tqhntro.duce matter not included in the
original'question.
12.-^Messaoes from the Governor and Address by the Governor
A message from the Governor, if presented tp 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 cohsidered upon a
future day as the member presenting it may appoint. The Governor may address
the Council at any time.
, 12. —Manner of Giving hfoxiCEs
(1) Where under aby Standing Order (or the practice of the Council) notice
is required, such notice shall be given by being handed in at the Tabic during the
sitting of the Council or by delivery at the office of the Clerk or other place appointed
by Standing Ordet (o,r the President) within the hours prescribed for the purpose. ,
(2) Except with- the permission of the President, no notice.shall he valid for
any particular meeting or 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 LEGISLATIVE COUNCIL—HONGKONG
(4) Any such notice shall be printed in the form in which it is handed in or
delivered.
(5) Motions or amendments sent to the Clerk shall be printed and circulated
by him, even if they be matters notice of which is not required, and in the case of
amendments to bills shall be arranged so 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 for the substitution of another member for a member
nominated to a select committee.
11. A motion for the reference of any matter to a committee.
12. A motion for the suspension of any Standing Order.
15.—Dispensing with Notice
Notice shall not be dispensed with in the case of a motion or in respect of any
other proceeding for 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 other member.
(7) Except when the Council be in committee no member shall speak more
than onue 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.
RULES OE LEGISLATIVE COUNCIL-HONGKONG 183
(8) A member who has spoken to a question may again be heard to offer
explanation of some material part of his speech which has been misunderstood, but
he must not introduce new matter.
(9) A member who has spoken may speak again when a new Question has
been proposed from the chair such as a proposed amendment.
(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
(1) Debate upon any motion, bill or amendment shall be relevant to such
motion, bill or amendment.
(2) Where an amendment proposes to leave out words and insert other words
instead of them, debate upon the first question proposed on the amendment may
include both the words proposed to be left out and those proposed to be inserted.
(3) On an amendment proposing to leave out words or to insert words debate
shall be confined to the omission or insertion of such words respectively.
18.—Anticipation
(1) It shall 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.
3 84 RULES OF 'LEGISLATIVE COUNCIL-HONG KONG
22.—Responsibility fob Order
The. President in Council, and the Chairman in any committee, shall t*e 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 br the chair, or abuse the
rules of the Council by persistently and wilfully obstructing the business; of the
Coiihcil, or otherwise, the President shall direct the attention of the' Council to the
incident, mentioning by name the member concerned. A motion may then bO niade
upon which the President shall forthwith put the question, ho amendment, adjourn-
ment, or debate being allowed, “ That such member be suspended frdnrthe service
of the Council.” If such an offence shall have been committed in a committee of
the whole Council, the Chairman shall forthwith suspehd the proceedings of the
committee and report1 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 5f the chair.
(3) If a member be suspended under the provisions of this order his suspension
shaU 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 nieinber tp discontinue his speech.
(5) . The President or, Chairman shall order members whose cond
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 thiSjOrder, 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 liis order.
(8) Members who are suspended under paragraph (h) cif this order dr: are
directed to withdraw under paragraph- (5), shall forthwith withdraw from the
precincts of the Council Chamber. ; .H ;.
(9) Nothing in this order shall be deemed to prevent the Council from proceed-
ing against any member foy.any breach of ;or 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, mcluding fhe'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 gouclfUsion of a debate ,the question shall, be put by the . President,
or (in any committee by jjhe Chairman, and the votes may be taken, by,yokes aye and
vote.♦On the subject
See Clause XXII ofof decision
the’Rb^al_ byInstructions
the majority,
of'theand:l4th
on the Governor’s
February, dti?.erio-inal and, casting
RULES 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.
(8) 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 Chairman, shall
vote last.
, (4) When a division is claimed either in Council or in any committee every
member present shs-ll, unleiss he expressly state that he declines to vote, record his
vote either for; the ayps or hoes. 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.
,(§) 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.
. . i- , (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 votebm any subject in which he has a direct personal
pecuniary interest, but a motion to oisallow a member’s vqte on this ground shall
be ma have been declared. If th,e motion for the, disallowance'qf a member’s vote shall
be agreed to, the President, or in committee flie Chairman, shall direct the Clerk to
correct the humbers' Voting in the division accordingly. In dehiding whether a
motion for the disallowance of a member’s vote shall be proposed from the chair,
the President, or, in any committee the Chairman, shall have regard to the
character of the question upon which the division was taken and to the
consideration whether the interest therein of the member whose vote is challenged
is direct and pecuniary and not an interest, in common with the rest of His Majesty’s
subjects-and whether his vote was given on a matter, of state policy.
25. —
:.(I) The mover of a bill, on moving the first reading thereofy’shall state the
object and intention of the measure and the reasons on 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 read a first time and before it is
read a second time.
26. —
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
Bill.
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—HONGKONG
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.
(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 Reading 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 pi'ovision 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.
(2) If at any stage in the progress of a bill the President declares that in his
opinion an emergency exists and that it is desirable in the public interest that the
Standing Orders should be suspended in order to enable the bill to pass through all
its stages, or all its remaining stages, at that meeting of Council, it may be moved and
seconded that the Standing Orders be suspended accordingly and if the motion be
adopted the bill may be carried through all its stages, or all its remaining stages,
at that meeting.
30.—Bills affecting Private Rights
(1) Where any bill shall be proposed which is intended to affect or benefit some
particular person, association, or corporate body, notice of the bill shall be given
by the promoters, by two advertisements in some daily newspaper published in the
Colony, and, if any of t ie 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 Royal Instructions 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 Government 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, or 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, or 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 OP 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 dxeept
such as are mentioned in the bill, and those claiming by, from, and under them.
81.—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 be relevant to the bill, clause or motion to which it is proposed.
(2) An amendment maybe proposed, to any amendment proposed from ,the
chair if it be relevant to the original amendment. ,
(3) In committee' oh a bill a ue\y 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 ihajt be relevahf to the new dlause'di schedule.
(4) jAh amendment,;or a new clause or schedule, shall pot require,notice.
(5) The President, or the Chairman as the case may be, may require any :
proposed amendmeptitq. be haniled to hhe Clerk in writing, a>
32.^-SEOONi>fNO of Motions and Amendments
A motion .of amendment shall not be proposed from'the chair ip Council unless
it shall have received a seconder, but in cpmmittee a seconder §balf pot be Required
for any amendment or for any new clause or schedule.
33.—Method of Putting ;the Question on Amendment;^"
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 ( hair that the words proposed to be left out
stand part of the questioA,*’ and if that question be negatived, the question for the
insertion of the alternative words shall then be proposed, provided that oh 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
ameridhient which, is in order from being movbd. If the‘question, so proposed be
negatived the words proposfed 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 ainppdment has been proposed from the/chaif, it may be
withdrawn at the request of the :mover if, on the Presidomt, of in commatteejthe
Cnanfinap, asking whethe.p it be the pleasure of the Council (>r eominitteejthat "the
mption or amendment be withdrawn, a dissepting voice be hot'raised thereto,
1
35.—Publication of Evidence
The evidence taken before any committee of .the Council and any .documents
presented to'such committee which have.not been reported, -to timCouncilphall pot,,
be published by any .member of- such committee , or by any, other - .person, except
with the permission of the President.
36.— Practice of Parliament
(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 OP LEGISLATIVE COUNCIL—HONGKONG 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 op Standing. Orders
• - ; • !0‘i ■
A question the object or effect of which may be to suspend any Standing Order
of the Council shall not be proposed qiqepfr with/t^ie consent df the President.
38.—Absence of Members
Any member who is prevented from attending a meeting of the Council shall
acquaint, the Clerk as early as possible of his inability to attend.
39.—Employment , of Members in PropessiONAt Ca;pa;ci'i'y
Ho member of the Council shall appear before the Council or any committee
thereof as counsel or sqHcitof ‘ for any party:,) or in .any capacity for which he is to
receive a fee or reward.
40.—Strangers
Strangers shall be admitted to debates in the Council Chamber snbjeqt to such
rules as the President may make from time t > time for that purpose, provided that
if any member take notice that strangers be, present, the President'^ pr in, committee
the Chairman, shall put forthwith the question “ That strangers be ordered to
withdraw.”
41.—Press
The President may grant a general permission to the representative of any
journal to attend the sittings of the Council provided that, if the, journal publish
a report of the proceedings which the President considers unfair, such permission
may be revoked.
GENERAL PORT REGULATIONS POR BRITISH
CONSULATES IN CHINA
The undersigned, Her Britannic Majesty’s Envoy Extraordinary and Minister
Plenipotentiary and Chief Superintendent of British Trade in China, acting under the
authority conferred upon him by the 85th Section of the China and Japan Order in
Council, 1865, hereby declares the following Regulations, made, in pursuance of the
above Order in Council, to secure the observance of Treaties and the maintenance
of friendly relations between British subjects and Chinese subjects and authorities
to be applicable to all ports which are, or may hereafter become, open to British
trade
I. —The British Consulate offices at the several open ports sha
public business from 10 o’clock a.m. to 4 o’clock p.m. daily, excepting Sundays,
Christmas Day, Good Friday, King’s Birthday, Easter Monday, those holidays
upon which public offices in England are closed, and Chinese Hew Year’s day, and
such Chinese holidays as the Chinese Customs authorities may observe.
II. —On the arrival of any British vessel at the anchorage of
ports, the master shall, within 24 hours, deposit his ship’s papers, together with a
summary of the manifest of her cargo, at the Consulate office, unless a Sunday or
holiday shall intervene.
III. —Every British vessel must show her national colours o
anchorage, and keep them hoisted until she shall have been reported at the Consulate
and her papers deposited there.
IY.—No British vessel or any vessel the property of a British subject, unless,
provided with a certificate of registry, or provisional or other pass from the Super-
intendent of Trade at Peking, or from the Colonial Government at Hongkong, shall
hoist the British ensign within any port or anchorage, or any flag similar to the
British ensign or of a character not to be easily distinguishable from it. Nor shall
any registered British vessel flying the Red ensign hoist any other ensign or flag
(except she be entitled to fly the Blue ensign) in use by Her Majesty’s vessels of war,
or the national ensign of any foreign State or any ensign or flag not plainly dis-
tinguishable from the ensigns used by Her Majesty’s ships of war or from those
flown by Ships of foreign States.
V. —Should any seaman absent himself from his ship witho
master shall forthwith report the circumstance at the Consulate office, and take the
necessary measures for the recovery of the absentee, and it shall be lawful for the
Consul, if circumstances shall require it, in his discretion to prohibit leave being
given to seamen to come ashore, and any master who shall violate such prohibition
shall incur the penalties hereinafter declared.
VI. —The discharge of guns or other firearms from vessels in
prohibited, unless permission shall have been granted by the Consul.
GENERAL PORT REGULATIONS FOR BRITISH CONSULATES IN CHINA 191
VII. —Masters of vessels when reporting their arrival at a
writing the names of all passengers and persons not forming part of the articled
crew on board, and, previous to leaving, notice must be given of the names of all
persons, not forming, part of the articled crew, intending to leave the port on board
any vessel.
VIII. —All cases ol death occurring at sea must be reporte
24 hours of the vessel’s arriving in port or harbour, and all cases of death on board
vessels in harbour, or in the residences of British subjects on shore, must be imme-
diately reported at the Consulate office, and in the event of sudden or accidental
death the fullest information obtainable should be given. It is strictly prohibited to
throw overboard the bodies of seamen or other persons dying on board of a vessel in
harbour. Except in case of urgent necessity, no burial should take place on shore or
from any ship in harbour without the licence of the Consul first obtained.
IX. —Stone or ballast shall not be thrown overboard in an
unless permission shall have been first obtained from the local authorities through
the intervention of Her Majesty’s Consular officer.
X. —All cases of loss of property by theft or fraud on board shi
assault or felony requiring redress or involving the public peace, must be immediately
reported at the Consulate office.
If any Chinese subject guilty of, or suspected of, having committed a mis-
demeanour on shore or afloat be detained, information must in such cases be forthwith
lodged at the Consulate office, and in no instance shall British subjects be per-
mitted to use violence toward Chinese offenders or to take the law into their own
hands.
XI. —Any vessel having in the whole above 2001bs. of gu
explosive material on board shall not approach nearer than a distance of one mile
from the limits of the anchorage. On arriving at that distance, she must be forthwith
reported to the Consular authority.
Special anchorages or stations will be assigned for such ships in the neighbour-
hood of the ports.
XII. —Ho seaman or other person belonging to a British sh
or left behind at any port or anchorage without the express sanction of the Consul
and not then until sufficient security shall have been given for his maintenance and
good behaviour while remaining on shore, and, if required, for the expenses incident
to his shipment to a port in the United Kingdom or to a British Colonial port,
according as the seaman or other person is a native of Great Britain or of anv British
Colony.
If any British subject left at a port or anchorage by a British vessel be found
to require public relief prior to the departure of such vessel from the dominions of
the Emperor of China, the vessel will be held responsible for the maintenance and
removal from China of such British subject.
XIII. —When a vessel is ready 1 to leave a port ancho
signee shall apply at the Custom-house for a Chinese port clearance, and on
his presenting this document, together with a copy of the manifest of his export
cargo, at the Consular office, his ship’s papers will be returned to him, and he will
be furnished with a Consular port clearance, on receiving which the vessel will be at
liberty to leave the port. Should any vessel take in or discharge cargo subsequent
to the issue of the Customs’ clearance, the master will be subject to a penalty, and
the ship to such detention as may be necessary to the ends of justice.
XIV. —When a vessel is ready to leave a port or ancho
give notice thereof to the Consul, and shall hoist a Blue Peter at least 24 hours
192 GENERAL PORT REGULATIONS FOR BRITISH CONSULATES IN CHINA
before the time appointed for her departure. The Consul may dispense with the
observance of this'regulation on security being given that claims presented within
24 hours will be paid.
XV. —British subject may establish or carry on an
house, house of entertainment, or shop for the sale of liquors within the Consular
district.without the sanction and licence of the Consul, and payment of such fees
in respect of such licence, yearly.or otherwise, as may be duly authorised. The
Consul shall require every person so; .licensed to give security for the good conduct
of all inmates and frequenters of his house, and also that he will not harbour any
seaman who is a runaway or who catranot produce his discharge accompanied by a
written sanction from the Consul to reside on shore.
Every phrson so licensed will'be held accountable for the good conduct of all
inmates and frequenters of his house, and in case of their miscdriduct mav be sued
upon the instrument, of security so,given.
XVI. —Any British subject desiring to proceed u
distance than thirty miles from any Treaty port is required to procure a Consular
passport, and any one found without such a passport beyond that distance will be
liable to prosecution."
XVII. —The term Consul in these Regulations sh
and every officer in Her Majesty’s Consular service, whether Consul-General, Consul
Vice-Consul, or Consular agent, or other person duly authorized to act in any of the
aforesaid capacities within the dominions of the Emperor of China.
XVIII.—British vessels are bound as to mooring and pilotage to act in accord,
ance with the Harbour and Pilotage Regulations authorized in each port by Her
Majesty’s Minister for the time being, and any infraction of the same shall render the
party offending liable,to" the penalties attached to these regulations.
XIX. —No loading or discharging of cargp may be
limits of the anchorage defined by the Consul and the Chinese authorities of each
port.
XX. —Any infringement of the preceding General Po
Special Regulations referred to in Regulations XVIII. and XIX. shall subject the
offender, for each offence, to imprisonment for any term not exceeding three months
with or without hard labour, and with or without a fine not exceeding 200 dollars
or to a fine not excCedirig 200 dollars, without imprisonment, and with or without
further fines for cofltinuing offences; not exceeding in any case 25 dollars for each
day during which the offence continues after the original fine is incurred ; such fine
to be inflicted, levied, and enforced in accordance with the Order of Her Majesty in
Council dated the 9th day of March, 1865.
And in consideration of the urgent necessity for these Regulations, the under-
signed hereby further declares that they shall have effect unless and until they shall
be disapproved by Her Most Gracious Majesty, and notification of such disapproval
shall be received and published by me or other of Her Majesty’s Ministers in China.
: (Signed) Thomas Francis Wade.
PektNo, 28th March, 1881.
JAPAN HARBOUR REGULATIONS
Art. I.—The limits of the undermentioned Ports open to foreign commerce are
defined as follows :—
At Yokohama: the harbour limits are comprised within a line drawn from the
Juniten (Mandarin Bluff) to the light-ship, and thence due north, to a point on the
coast east of the mouth of the Tsurumigawa.
At Kobe : the harbour limits are comprised within the area bounded by two
lines, one drawn from the former mouth of the Ikutagawa due south, and the other
running in a north-easterly direction from the point of Wada-no-misaki.
At Niigata : the harbour limits are comprised within the arc of a circle, the
centre being the light-house, and the radius being two and a half nautical miles.
At Ebisuminato : the harbour limits are comprised within a line drawn from
Shi i(!uinari-mura to Isori-mura on the outside, and a line drawn from Minotocho on
the east shore of Lake Kamo to Kamomura on the north-west shore of the same lake.
At Osaka : the harbour limits are comprised within a line drawn from a point
(Tree Point) at the mouth of the Mukogawa south by west, and a line from the
mouth of the Yamatogawa, the two lines cutting each other at a distance of six
nautical miles from a point (Tree Point) and five nautical miles from the mouth of
the Yamatogawa.
At Nagasaki : the harbour limits are comprised within a line drawn from
Kanzaki to Megami.
At Hakodate : the harbour limits are comprised within a line drawn from a
point off the coast, half a nautical mile south of Anoma Point, to a point oh the east
bank of the mouth of the Arikawa, Kamiiso-mura.
Art. II.—Every vessel on entering a port shall hoist its ensign and its signa 7
letters. Regular Mail Packets may hoist the Company’s flag in lieu of the signal
letters.
The ensign and signal letters or Company’s flag must not be lowered until the
vessel’s arrival shall have been duly reported to the Harbour Master.
Such report shall be made within 24 hours after arrival, Sundays and holidays
excepted, and no Customs facilities shall be extended to any vessel until such report
shall have been made.
Art. III.—Every Master on arrival in port shall prevent all communication
between his ship and other vessels or the shore until it shall have been admitted to
/free pratique.”
Art. IV.—The Harbour Master’s boat will be in attendance near the entrance
of the harbour, and the Harbour Master will assign a berth to every ship on enter-
ing, which berth it must not leave without special permission, unless forced to do
so. iff-The Harbour Master may cause a vessel to change its berth, should he consider
it necessary.
Art. V.—The Harl>our Master shall always wear a uniform when on duty and
his boat shall carry a flag of the pattern prescribed.
The Harbour Master may at any time satisfy himself that his directions as
regards anchorage, the movements of ships and the proper condition of moorings
u,re carried out.
Art. VI.—No vessel shall anchor in the public fair-way or otlietwise obstruct
free navigation. Vessels which have run out jib-booms shall rig them in at the
request of the Harbour Master, if they obstruct free navigation.
m JAPAN HARBOUR REGULATIONS
Art. VII.—Every vessel either at anchor or under weigh within the harbour
limits shall carry between sunset and sunrise the Lights required by the Laws,
Ordinances or Orders relating to the prevention of collisions at sea.
Art. VIII.—When bad weather threatens or Warning signals are exhibited,
vessels shall immediately get ready one or more reserve anchors; and steamships
hall, in addition, get up steam.
Art. IX. —Any vessel carrying explosives or highly inflammable materials in
excess of ordinary requirements shall come to outside the harbour limits and there
await the Harbour Master’s orders. Such vessels while so waiting shall, between
sunrise and sunset, fly at the foremast head the signal letter “ B ” and between
sunset and sunrise shall hoist in saime'place a red lantern.
No vessel shall ship or discharge any such materials except at such places as
the Harbour Master may indicate.
Art. X.—Every ship which is laid up or undergoing repairs, and all yachts,
store-ships, lighters, boats, etc., shall be moored in special berths designated by the
Harbour Master.
Art. XI.—In case of fire breaking out on board a ship within the harbour
limits, the ship’s bell shall be rung until the arrival of assistance, and the signal
letters “N. M.” shall be hoisted between sunrise and sunset or a red. lantern shall
be continuously hoisted and lowered between sunset and sunrise.
If pdlice assistance be required the signal letter “G” shall be hoisted between
sunrise khtf Sunset, and between sunset and sunrise blue or flash lights shall
be shown.
AH .discharging of ^re-arms or letting off of fire-works within the harbour
limits is forbidden without permission from the Harbour Master, except in such as
above-mentioned for the purpose of signalling.
Art. XII.—Any vessel arriving from a place which has been declared by an
official declaration of the Imperial Government as being infected with an epidemic or
contagious disease (such, as cholera, small-pox, yellow-fever, scarlet-fever, or pest)
or on board of which any such disease shall have occurred during the voyage, shall
pome to outside the harbour limits and shall hoist a yellow flag at the foremast head
between sunrise and sunset, and shall show a red and a white light one above the
other in the same place between sunset and sunrise. Such vessel must undergo
inspection by the proper sanitary authorities.
The sanitary authorities shall, on approaching the vessel, be informed whether
any cases of any such diseases have actually occurred during the voyage and the
nature of such diseases, in order that suitable precaution may be taken.
The said ship must not lower the yellow flag or the above-mentioned lights until
it shall have been admitted to “free pratique,” neither shall any person land from it
nor shall any communication be held with other ships without the permission of the
proper sanitary authorities.
The provisions of the preceding paragraphs apply to vessels anchored within the
harbour limits on board of which any of the above-mentioned epidemic or contagious
diseases hqve broken out-
S,uch vessels must change their berth on receiving an order to that effect from
the Harbour Master.
Any vessel arriving from a place infected with cattle-disease or on board of which
such disease has broken out during the voyage shall not land or tranship either the
cattle, their dead bodies, skins, hides or bones, without the permission of the proper
saintary authorities.
Art. XIII.—No carcases, ballast, ashes, sweepings, etc., shall be thrown over-
board within the harbour limits.
Whilst taking in or discharging coal, ballast or other similar materials, the
necessary precautions shall be taken to prevent their falling into the sea.
JAPAN HARBOUR REGULATIONS 195
If any materials detrimental to the harbour shall have been thrown into the
@ea or shall have been allowed to fall in through negligence by any ship, they shall
be removed by the ship upon receipt of an order to that effect from the Harbour
Master; and if not so removed the Harbour Master may cause fhem to' be removed
at the ship’s expense.
Art. XIV.—Any ship intending to leave port shall give notice at the Harbour
Master’s Office and hoist the Blue Peter.
Steamers which have fixed dates of departure need only make one declaration
on their arrival and departure.
Art. XV.—All wreckage or other substances which obstruct the public fairway
in a harbour or its approaches must be removed by their owner within the time
indicated by the Harbour Master. If this order is not complied with within the
time specified by the Harbour Master, the Harbour Master may cause them to be
removed or destroyed at the owner’s expense.
Art. XVI.—A suitable and sufficient number of buoy moorings for regular Mail
Steamers shall be provided by the Harbour Master’s Office. A prescribed fee shall
be charged for the use of such moorings.
Art. XVII.—No chains, ropes, or other gear shall be attached to any lightship,
signal, buoy or beacon.
Any vessel running foul of or damaging a light-ship, buoy, beacon, jetty, or anv
other structure shall pay the necessary expenses for repairs or replacement.
Art. XVIII.—Any infringement of the provisions of the present Regulations
shall render the offender liable to a fine of not less than Yen 2 and not exceeding
Yen 200.
Art. XIX.—The Master of a vessel shall also be held responsible for any fines,
fees or expenses which may be imposed or charged on or in respect of the vessel.
Art. XX.—No vessel shall be allowed to depart until all fines, fees and expenses
imposed or charged under these Regulations shall have been paid, or until security
therefor to the satisfaction of the Harbour Master shall have been deposited with the
Harbour Master.
Art. XXI.—The word “ Harbour Master ” as used in these Regulations is also
meant to include the Harbour Master’s Assistants and Deputies ; and by the word
“ Master ” is meant any person in command of, or having the direction of, a ship,
whatever his designation may be; and by the word “Port” or “ Harbour” is meant
one of the ports or harbours enumerated in Article I. of these Regulations.
Art. XXII.—A portion of each harbour shall be reserved as a man-of-war
anchorage.
Art. XXIII.—The only provisions in these Regulations which shall apply to
men-of-war are those contained in Articles IV., VI., XII. and XXI., and in the first
and second paragraphs of Article XIII.
Art. XXIV.—The time when and the localities where these Regulations are to
come into operation shall be notified by the Minister of Communications. The
Minister of Communications shall also issue detailed rules for the due enforcement
of these Regulations.
THE UNITED STATES COURT EOR CHINA
(Chapter ,3984, Prescribing the Jurisdiction of, the Oourt)
Be it Enacted by the Senate and House of Representatives of the United States
of America in Con cress Assembled, That a Court is hereby established, to be called
the United States Court for China, which shall have exclusive jurisdiction in all
cases and judicial proceedings whereof jurisdiction may now be exercised by United
States Consuls and Ministers by law and by virtue of treaties between the United
States and China, except in so far as the said jurisdiction is qualified by Section 2
of this Act. The said Court shall hold sessions at Shanghai, China, and shall also
hold sessions at the cities of Canton, Tientsin, and Hankow at stated periods, the
dates of such sessions at each city to be announced in such manner as the Court shall
direct, and a session of the Court shall be held in each of these cities at least once
annually. It shall be within the power of the judge, upon due notice to the parties
in litigation^to open and hold Court for the hearing of a special cause at any place
permitted tly the treaties, and where there is a United States Consulate, when, in
his judgment, it shall be require ! by the convenience of witnesses, or by some public
interest. The place of sitting of the Court shall be in the United States Consulate
at each of the cities, respectively.
That the seal of the said United States Court for China shall be the arms of
the United States, engraved on a circular piece of steel of the size of a half dollar,
with these words on the margin, “ The Seal of the United States Court for China.”
The seal of said Court shall'be provided at the expense of the United States.
All writs and processes issuing from the said Court, and all transcripts, records,
copies, jurats, acknowledgments, and other papers requiring certification or to be
under seal, may be authenticated by Said seal, and shall be signed by the clerk of
said Court. All processes iSshed from the said Court shall bear test from the day
of such issue.
Sec. 2.—The Consuls of the United States in the cities of China to which they
are respectively accredited shall have the same jurisdiction as they now possess in
civil cases where the sum or value of the property involved in the controversy does
not exceed five hundred dollars United States money, and in criminal cases where the
punishment for the offence charged! Cannot exceed by law one hundred dollars’ fine
or sixty days’ imprisonment, or both, and shall have power to arrest* examine, and
discharge accused persons, or commit them to the said Court, From all final judg-
ments of "tfie Consular Court either party shall have the right of appeal to the United
States Court for China: , Provided, Also, That appeal may be taken to the United
States Court for China from any final judgment of the Consular Courts of the United
States in Korea so long as the rights of extra-territoriality shall obtain in favour of
the United States. The said United States Court for China shall have and exercise
supervisory control over the discharge by Consuls and Vice-Consuls of the duties
prescribed by the laws of the United States relating to the estates of decedents in
China. Within sixty days after the death in China of any citizen of the United
States, or any citizen of any territory belonging to the United States, the Consul or
Vice-Consul whose duty it becomes to take possession of the effects of such deceased
person under the laws of the United States shall file with the clerk of said Court a
THE UNITED STATES COURT FOR CHINA 197.
sworn inventory < f such effects, and shall, as additional effects come from time to
time into his possession, immediately file a supplemental inventory or inventories of
the same. He shall also file with the clerk of said Court within said sixty days a
schedule under oath of the debts of said decedent, so far as known, and a schedule
or statement of all additional debts thereafter discovered. Such Consul or Vice-
Consul shall pay no claims against the estate without the written approval of the
judge of said Court, nor shall he make sale of any of the assets of said estate with-
out first reporting the same to said judge and obtaining a written approval of said
sale, and he shall likewise within ten days after any such sale report the fact of such
sale to said Court, and the amount derived therefrom. The said judge shall have
power to require at any time reports from Consuls or Vice-Consuls in respect of all
their acts and doings relating to the estate of any such deceased person. The said
Court shall have power to require, where it may be necessary, a special bond for the
faithful performance of his duty to be given by any Consul or Vice-Consul into
whose possession the estate of any such deceased citizen shall have come in such
amount and with such sureties as may be deemed necessary, and for failure to give
such bund when required, or for failure to properly perform his duties in the
premises, the Court may appoint some other person to take charge of said estate^
such person having first given bond as aforesaid. A record shall be kept by the
clerk of said Court of all proceedings in respect of any such estate under the
provisions hereof.
Sec. 3.—That appeals shall lie from all final judgments or decrees of said Court
to the United States Circuit, Court of Appeal^ of the ninth judicial circuit, and thence
appeals and writs of error may be taken from the judgments or decrees of the said
Circuit Court of Appeals to the Supreme Court of the United States in the same class
of cases as those in which appeals and writs of error are permitted to judgments of.
said Court of Appeals in cases coming from District and Circuit Courts of the United
States. Said appeals or writs of error shall be regulated by the procedure govern-
ing appeals within the United States from the District Courts to the Circuit Courts of
Appeal, and from the Circuit Courts of Appeal to the Supreme Court of the United
States, respectively, so far as the same shall be applicable; and said Courts are here-
by empowered to hear and determine appeals and writs of error so taken.
Sec. 4.—The jurisdiction of said United States Court, boh original and not
appeal, in civil and criminal matters, and also the jurisdiction of the Consular Courts
in China, shall in all casqsflie exercised in conformity with said treaties and the laws
of the United States now in force in reference to the American Consular Courts in
China, and all judgments and decisions of said Consular Courts, and all decisions,
judgments, and decrees of said United States Court, shall be enforced in accordance
with said treaties and laws. But in all such cases when laws are deficient in the
provisions necessary to give jurisdiction or to furnish suitable remedies, the common
law and the law as established by the decisions Of the Courts of the United States
shall be applied by said Court in its decisions and shall govern the same subject to
the terms of any treaties.between the United States and China.
Sec. 5.—That the procedure of the said Court shall be in accordance, so far as
practicable,'with the existing procedure prescribed for Consular Courts in China
in accordance with the Revised Statutes of the United States: Provided, however,.'
that the judge of the said United States Court for China shall have authority from
time to time to modify and supplement said rules of procedure. The provisions of
sections forty-one hundred and six and forty-one hundred and seven of the Revised
Statutes of the United States allowing Consuls in certain cases to summon associates
shall have no application to said Court.
Sec. 6.—There shall be a district attorney, a marshal, and a clerk of said Court
with authority possessed by the corresponding officers of the District Courts in the
United States as far as may be consistent with the conditions of the laws of the
United States and said treaties. The judge of said Court and the district attorney,
who shall be lawyers of good standing and experience, marshal, and clerk shall be
THE UNITED STATES COURT FOR CHINA
appointed, by the President,; by and with the advice and con sent of the Senate, and
shall receive as salary, respectively, the sums of eight thousand dollars per annum
for said judge, four thousand dollars per annum for said district attorney, three
thousand dollars per annum for said marshal, and three thousand dollars per annum
for said clerk. The judge of the said Court and the district attorney shall, when
the sessions of the Court are held at other cities than Shanghai, receive in addition
to their salaries their necessary expenses during such sessions not to exceed ten
dollars per day for the judge and five dollars per day for the district attorney.
Sec. 7.—The tenure of office of the judge of said Court shall be ten.years, unless
sooner removed by the President for cause ; the tenure of office;of the other officials
of the Court shall be at the pleasure of the President.:
Sec. 8.—The marshal and the clerk of said Court shall be required to furnish
bond for the faithful performance of their duties, in sums and with sureties to be
fixed and approved by the judge of the Court. They shall each appoint, with the
written approval of said judge, deputies at Canton and Tientsin, who shall also be
required to furnish bonds for the faithful performance of their duties, which bonds
shall be subject, both as to form and sufficiency of the sureties, to the approval of
the said judge. Such deputies shall receive compensation at the rate of five dollars
for each day the sessions of the Court are held at their respective cities. The office
of marshal in China now existing in pursuance of section forty-one hundred and
eleven of the Revised Statutes is thereby abolished.
Sec. 9.—The tariff of fees of .said officers of the Court shall be the same as the
tariff already fixed for the Consular Courts in China; subject to amendmeut from
time to time by order of the President, and all fees taxed and receiyed shall be paid,
into the Treasury of the United States.
Approved, June 30, 1906.
SIXTIETH CONGRESS. SESS. II. 1909 CHAP. 235.
Extract
The judicial authority and jurisdiction in civil and criminal cases now vested in
and reserved to the Consul-General of the United States at Shanghai, China, by the
Act of June thirtieth, nineteen hundred and six, entitled, “ An Act creating a
United States Court for China and prescribing the jurisdiction thereof,” shall,
subsequent to June thirtieth, nineteen hundred and nine, be vested in and exercised
by a Vice-Consul-General of the United States to be designated from time to time
by the Secretary of State, and the Consul-General at Shanghai shall thereafter
be relieved of his judicial functions.
FEES EOR THE CONSULAR COURTS OE THE
UNITED STATES OE AMERICA IN CHINA
200 UNITED STAr
mm am
REGULATIONS GOVERNING THE INSPECTION OE
PASSPORTS OE EOREIGNERS ENTERING
CHINESE TERRITORY
Promulgated August 22, 1930, by Order of the Administrative Tuan of the
National Government, Republic of China
Art. I.—Unless otherwise provided for by law or treaty, Passports held by all
foreigners entering the territory of the Republic of China shall be inspected in
accordance with the provisions of the following Regulations.
Art. II.—A Passport shall give the name, sex, .age, native place, address and
occupation of the holder, and the reason for entering Chinese territory ; it shall
have a photograph attached and be vised at a Chinese Consulate established in a
foreign country. A Passport may include the members of a family (children under
age) and servants ; but tlie names and other particulars must be given in the
Passport with photographs attached.
Art. III.— Passports shall be inspected by the local government in Chinese
territory. If necessary, the Maritime and Native Customs may be asked to assist.
In special cases the Department concerned of the Central Government may appoint
officials to direct and supervise inspection." The places of inspection will be
separately specified,
Art. IV.—If during inspection any one of. the following conditions is found to
exist the foreigner concerned may be,(denied, entry into Chinese territory. The
conditions are:—
1. When there is no Passport or when inspection is objected to.
2. When the Passport is not in regular order or is fraudulently obtained or
forged.
3. When the holder’s activities may be detrimental to the interests of the
Kuomintang or Government, or may endanger public peace andsecurity.
4. When the holder is a vagabond or mendicant.
5. When contrabands or indecent articles are carried
6. When holder has previously been expelled from Chinese territory.
Art. V.—If during inspection, any doubt should arise as to the purport, of the
conditions set forth in the preceding article, the Inspector shall refer the matter to
his superior officer by the quickest means possible and he may temporarily detain
the foreigner pending decision.
Art. VI —Foreigners who are exempted by law or treaty from the necessity of
producing Pas-ports on entering Chinese territory shall nevertheless be subject to
the provisions of Sections 3, 4 and 6, of Art. 4 and Art. 5.,
Art. VII.—Detailed Rules. supplementary to these Regulations are framed
separately.
Art. VIII.—These Regulations, shall be .effective four months after date of
promulgation.
Supplementary Rules to Regulations Governing
• the Inspection of Passports of Eoreigners
Entering Chinese Territory.
Art. I.—These detailed Rules are made in pursuance of Article 7 of the
Regulations governing the inspection of Passports of foreigners entering Chinese
territory (hereinafter referred to11 as “Regulations.”)
Art. II.—The expression children under age ” as used in Clause 2 of Article
of the Regulations, shall be determined by the age limit fixed by the Civil Law of
the Republic of China.
Art. III.—The places where the inspection of Passports of foreigners entering
Chinese territory will take place are as follows:—
302 | < PASSPORTS OP FOREIGNERS ENi’ERING CHINESE TERRITORF
(A); Land Routes
Manchuli Harbin Hi Kowloon Szemao
Pogranichnaya Chinchou Kashgaria (also by sea) Mengtsz
Hui Chun Changchiakou Ta Cheng Tung Shing Hokou
Yen Chi Suiyuan Chien Shan Tengyueh. Lungchow
(B) Sea Routes
Canton Samshui Chung Shan Swatow Foochow Woosung
Pakhoi ofKongmoon
(Passports those entering theHarbour
Yangtze RiverAmoy Shanghai
not via Shanghai shall be inspected I
at Woosung.)
Tsingtao Lungkou Chinwangtao Antung Taheiho
Chefoo
Weihaiwei Tientsin or Hulutao
Tangku Newchwang (also
Aigunby land) Tungkiang
(0) Aik. Routes.
Before an aerodrome has been laid out, Passports of foreigners entering
Chinese territory by aircraft shall be mspected at the first authorized landing station.
In case of necessity, the number of stations where Passports are inspected may
lie increased or reduped by the various departments concerned after sanction has
been duly obtained.
The places of inspection on the borders of Mongolia and Tibet shall be given
separately.
Art. IV.—A foreigner denied entry into Chinese territory under the terms of
Art, 4 of the Regulations, if found unable to leave the territory of the Republic of
China shall be handed over to the Consul of his nationality to be dealt with.
Art, V.—When the assistance of officers of the Maritime or Native, Customs
is required in the examination of Passports the local authorities and the, Customs
shall jointly make the necessary arrangements, and teport to the Department con-
cerned for record.
Art. VI.—Passports’ of foreigners entering' Chinese territory besides being
subject to the provisions of Art. 3 of the Regulations are subject to inspection by
local authorities in the interior.
Art. VII.—If any one of the following Conditions is found to exist, the local
authorities in the interior shall at once detain the foreigner and report to the
Senior Official for instructions:—
1. Any one of the conditions as laid down in Art. 4 of the Regulations.
*2. When the Passport produced does not bear a chop to show that it has
been inspected.
Art. VIII.—The Inspector shall not ask for atiy payment from the foreigner
for inspection of Passport.
Art. IX.—The Inspector when inspecting.Passports shall be in uniform and
shall wear a distinctive badge. The badges shall be proscribed by the Depart-
ment concerned.
Aft. X.—The Inspector when inspecting Passports, shall give the foreigner
desiring to enter Chinese territory an inspection form to be carefully filled in; said
form shall be prescribed separately.
Art. XL—The Inspector after inspection shall impress a chop on the Passport
giving the date of, inspection. The form of this chop shall be prescribed by the
Department concerned. , . :
Art. XII.—The Inspecting’authorities shall, before the 10th of each month,
submit a table giving the name, sex, age, native place, occupation and address, as
well as the reason for entering China, of all foreigners td/whom permission has been
granted or refused during the preceding monfb This table shall be sent to the
highest local authority for transmission to Ihe Depaftment dbhce'fned for, record'.
Art. XIII.—In the event of any case arising not covered by the provisions of
the Regulations or the detailed Supplementary Rules, the inspecting authority shall
immediately telegraph to the Department concerned for instrufetiohS- !
Art. XIV.—These detailed Rules’ shall be etfeetive'. from ‘the datd the.
Regulations are put in force.
CUSTOMS EXPORT TARIPE OP THE REPUBLIC OP
' CHINA
(Revised, June 24, 1934)
Note.for The
stands “ notterm “n.o.p.f.”
otherwise in this
provided for ”Tariff | Skins, Dressed or Uh dressed, not
Animals and Animal Products (not made up :-r-
including Hides, Leather, Skins • a. Goat including Kid• Skins... Value
Dog Value 7|7i%
(Furs), Fishery and Sea Products) 1i b.(. Marmot ,, 74% 7
„
Per Hk. Tls. \ i d.e. Kaccoon Sheep „ i,r/
Animals,
Bristles Living Value ,, 7i% 7|„ 1! ; Squirnd Skins) (including Laml
... ... ... . ■ 947 hi,„
Eggs
a. Eg-gand Egg Products:—
Albumen, i'olk, and c/ . Wbasle ...'
Whole h. < others 74„
b. Egg ... Egg zki(Melange),
DriedAlbumen, ' 41. and... Value 5% Skins,
Yolk, Hides and madeLeather,
up or Mountedn.o.p.f 74,»
7 4 ■>'» j
Whole
Moist Egg
and (Melange),
Frozen (not , Fishery and Sea Products
including Glycerised Egg „ Bicho
a.b. Whitede
Black Mar:— Per
Picul Hk. Tls.
3.40
Products)
c. Eggs, Fresh, in Shell (in- ,, 1.20
cluding Chilled Eggs in „ . „ iFish, Fish, Cuttle „ 0.93
Shell)Preserved
d. Eggs, and Salt- !Fish
>Fish
Dried
Glue
Maws ... ... „,, 0.61
Feathers ed Thousand
Value 1.00 ! Fish, Salted „
Hair,
Hair, Horse
Human .. „„ 7^7^% „ [FishSkin)Skin (including Sharks’ „
7?,,
Honey (including Wild Unclean- ;Mussels,
Prawns Dried
and Crushed
Shrimps,Shrimps) „
Dried (not.. „ 0.85 1.00
ed Honey)
Intestines i icul 0.76
Value 5% including
Meats, Fresh,andor Poultry)
Frozen (includ- Sharks’ Fins:— Picul 11.00,
1.70
ing Game ... ...:— „ 7i„ . Black
Meats Preserved
a.b. Others and Prepared
Hams, Whole, in bulk ...Value Picul 71% 2.20 ! Shrimps,.. Clarified
WhiteCrushed 4.00
5%
Bones (including Tigers’ Bones) „ 7^ „ Fishery
n.o.p.f. ' ■ arid Sea Products,
... ... (including
Glue,
Horns, Cow
Buffalo and Cow Picul ,, 0.74
0.54 a. Kish,. Fresh
Horns,
ed Deer, completely harden- 2.30 b. Others frozen' .'.fi?h).V.
:
Horns,
Horns, Deer, Old
Deer, Young Value 7$%
„■„ 77£J „„! Beans, Black,Beans and Peas
Musk
Sea Shells and Oyster Shells ... Picul 0.14 Yellow (not Green, White,White
including and
Sinews,
Tallow, Buffalo,
Animal Cow, and Deer „ 1.90
,. 0.81 !-Beans, Medicinal Broad Beans) Piculkg. -'0.09
100 .23
Wax a.b. Yellow
White (Insect Wax) Picul 3.60 Bean' s , Green, Small „ 0.38
(Beeswax) „ 2.40 ; Beads,andBed ... n.o.p.f.
peas ... „„ 0.88 0.23
Animal Products, n.o.p f Value 7 5% Cereals and Cereal Products
Hides, Leather, and Skins (Furs) Bran ...
Hides, Leather and Manufac- -Buckwheat ...Valde
Picul 74% 0.13
• a. Manufactures
tures of Leather,ofn.o.p.f.
Leather ;— Value 6% : Flour:
b. Others ’a. Flour,
„ 7^% ,. milled) (including Semo- Wheat (Machine-
Hides,
ing BuffaloDryandorCow
Calf), Wet,(includ-
SaltedPicul 2.10 b. Flour, lina) n.o.p.f. ... 100
Valuekg. Free
Free
or
Leather,UnsaltedBuffalo and Cow, Kaoliang (Sorghum) Picul 0.15
0.15
simply Tanned including Maize
Millet .... , 0.26
Chrome Sole Leather ,, 0,63 Rice and Paddy 0.34'
204 CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF CHINA
tSat-d-cake (including Crushed Per Hk. Tls.
and Powdered):— Oils, Tallow and Wax
a.b. Cotton
Beancake ... Picul 0.035 Per Hk. Tls.
Value 5%
Seed-cake , > O. Q 53 Oil,
Oil, Aniseed
BesjJi. ... ., Picul 11020
c.d. Eape
Groundnut Cake
Seed-cake ' ,, 0.0450.045 Oil. Cassia ... . ,. 00
0.69
Wheat „ 0.25 Oil,
Oil, Castor
Cotton-seed . 10O kg. 0.48
Cereals, n.o.p.f ,, 0.25 Oil, Oil, Groundnut
Hempseed 0.48
0.48
Indigo Dyestufls, Vegetable Oil,
Oil. Linseed . . . .
Perilla-seed
0.48
0.48
a.b. Liquid
Dry Picul .2,00 Oil, B-ipe-.i
,. ,‘,0. Oil, .Sesamurn seed t > d 0.48
Natgalls 1.00 Oily Tea, ... , ... 0.48
0.48
Turmeric „ 74% 0.23 Oil.
Dyestuffs, Vegetable, n.o.p.f. ... Value
Fruits, Fresh, Dried, and Preserved Tallow Oils, Wo d ... n.o.p.f
Vegetable,
Vegetable
.
- ■ ■ •
1.60
5%
0.79
chestnuts, Fresh Picul 0.41 Wax, Vegetable ... . 0.79
Dates
Dates. Black.
Red, Dried „ 0.50 0.37 Groundnuts:— Seeds
Lichees.
Lungngaus, DriedDried
Dried ... ,,,, 0.73 0.86 a. In Shell(inolrding Blanched100 kg. 0.24
Luhgngan Pulp 1.10 b. Shelled Peanuts). - :.. Picul 0.30
Olives:—
a.b. Salted
Fresh or Preserved Piedl ' 0.20 Seed, Apricot
eed. Castor ... i. . Value 74%
Oranges, Fresh an in Shell)...Value „ : 0.46 Seed, Cotton
5% Seed, Hemp ■ „ 74., VS„
Walnuts (Kernels , 5„ Seed, Lily flower (Lotus-nuts) ... Picul 1.96
Fruits,n.o.p.f. (including Canned Seed,
Seed, Linseed
Melon Value
Picul 74%
0.60
Fruits)
, Others Dried and/or Salted :
Persimmons, Dried ... .. Value iortkg. 0^75 Seed, Rape
Perilla Value 7474%„
5% Seed,
Seed, Sesamum (not including
Fresh:— Pesamum-seed
Apples and pears
Persimmons 100, kg. 0.35 0.40 Seeds, n.o.p.f Pulp) 100 kg. 74%
Value 0.55
, Others,Othersn.o.p.f ...Value „ 5% 5 F Samshu andSpirituous Medicated Samshu... Beverages100 kg. Free
Fruits, n.o.p.f. (including Canned Spirtuous Beverages, n.o.p.f. ... Value 74%
Fruits):—
6.ft. Others
Preserved and/or Canned...... Value „ •: 745%„ Sugar,Standard under, . No.Sugar 11 DutchICO kg. Free
Medicinal Substances and Spices (not Sugar, StandardNo. 11 and over, Dutch „ Free
including Chemicals) Sugar Candy „ Free
Aniseed,
Aniseed Rroken
Star Value 5%
5 , Tea, Black Tea
Betelnuts Picul 0,36 Tea,Tablet)Brick (includin Tea, Free
Betelnut Husks
Camphor „ 0,26
4.40 Free.
Cardamoms, Inferior „„ 12.00 Tea,
1.70 Tea Dust Green FiFreeee
Cardamoms,
-Cassia Buds Superior ... t 0.73 Tea, Leaf, Unfired
Cassia Lignea Value 5% Tea; Scented Free
Free
Cassia
China-root Twigs(Whole. Sliced, or inPicvtl 0.22 Tea Tea Siftings
Stalk Free
Cubes) „„ 0.71 Tea n.o.jgcf. ... Free
Cinnamon
Galangal „ ,74%2.7,6: Cigars and Cigare Tobacco
0,23 tes Valuekg. 74%:
Ginseng Value Tobacco, Leaf 100
„ 74% 3.00
3.50
Liquorice (including Scraped Tobacco,
Tobacco, Prepared
n.o p.f Value
Liquorice
Nutmegs Boot)... Picul 110
„ 1.90 Vegetable. Products, Vegetable
Peel.
Rhubarb Orange and Pumelo Value 1.50
Picul 6%. a India Rubber andn.o.p.f.: Gutta—
Medicinal Parparations
Medicinal Substances and Spices, Value 5%- Percha
thereof and Manufactures
" o.p.f 1, 5 „ b. Others . Value 74%
CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF CHINA 205
Fungus :— Per Hk. Tls. Planks:— Per Hk. Tls.
a. Others
b. Black Picul
Value 2.30 a. Hardwood
7£% Camphor-wood, (not including
Eedwood,
■GLily-flowers,
arlic Pried „„ 0.098 and
1. Not Teak)exceeding
:
Mushroom,Pried Driedand Salted 0.70
4.30 long,
3-in. 12-ins. wide,16-ft.
thick and
Turnips,
Vegetables, Dried, Fresh or Salted, „ 0.20 2. Not exceeding 24-ft.
n.o p.f Value 5% long, l2-in-.; ...wide, and
3-in. thick
Other Vegetable Products 3. Others
Beaiteurd Value n%
,, 0631„ b. Softwood:
Fodder (Grass and flay)
Soy
Vermicelli and Macaroni Picul
„ 0. 9 2.1. Over
Not over
2- 1-in.1-in.butthick
hot over 7i „
7J „
Vegetable Products, n.o.p.f. ... Value n% 3 3-O er 2-in. but not over
Bamboo: — Bamboo 4. Over 3-in. but not over
a.b. 1-in. in diameter ordiameter...
over. Thousand 0.91 " ': 5 Over 4- 4-iu. but not over 7i „
Bamboo, Less than
Split, 1-in
Leaf, inetc Picul
Value 0.17
7?% 5- 7i „
Bambooware „ Free 6. Over 5-in.
6-Over 6-in. but not over 7i S
7.
Gharooal
Fuel
.. ...Dust, and... Picul 0.082 TeakTimber wood;... hio.p.f? and
andCamphor-wood (In- 717i „„
GoalCoal(including Coal cluding
Coal Bricks
Coke Dust) ...manufactured fromTon„ 0.75 Eedwood
0.34 Wood Planks)and Wood ware,
Furniture
Firewood Picul 0.036 h-o.p.f Papei
100 kg. Free
Rattan Paper, 1st quality, value over
Eattan Skin
Eattan, Split (including Core)...Picul Value 0.43 7% $30 per 100 kg Free
Eattan, Whole
Eattanware and Eattan Furni- „ 0.23 Paper,$15 2ndnotquality,
but over PO value
per 100over
kg. „ Free
ture 100 kg. Free Paper,
and under 3rd 100quality,
kg value $16 „ Free
Timber, Wood, and Manufactures Paper, Dollars) Jo.ss (including JosspaperValue 7%%
Beams:— thereof Paper, Strawboard ... ... ...Value
Paper, n.o.p.f. IOC* kg. Free
F ree
a. Hard wood: Textile Fibres
1. Square: Cocoons, Domestic (including
i. ft.Notlongexceeding
and under 26- Doupions) Picul 11.00
12-in. square Value 7j% Cocoons,
Cocoons, Eefuse
Wild Value
„■ 7%7J„„
ii. ‘Others
2. Other than square ... „„ 7£?£ „„ Coir: ,, 7U,
b. Softwood a.b. Crude
Fibre Picul 0.67
Masts and Spars: Cotton, Eaw Value
Picul 1.20
a. Hardwood: Cotton Waste (including Fly „
1. Not exceeding 40-ft.
long exceeding 60-ft.Value 7} „ Hair, Goats’ Cotton)
2. Not Hemp 100 kg.Pieijil,
Value
3. l°ng
Exceeding 60-ft. long WV„ 7i„ 7*,, Jute
RamieKaw,...Reeled, from Doupions . i,„ ■
b. Softwood 7£ „ Silk,
1. Not exceeding 40-ft. „„ 7-j7£ „„ Silk, Eaw, White (including Re-
2. long
Not exceeding 60-ft. „ 7i „ Silk,reeledRaw, and Steam Filature) ... ,,
3. Exceeding 60-ft. long... „„ 7L,
7i „ Filature
Silk,reeled
Eaw,andYellow...Wild...(including
...(including
Re-... „„ 10.50
7.50
Files, Poles,
cluding and
Softwood Joists (not
Poles exceed- in- Steam Filature)
Silk, Waste (including Cocoon
ating6-ft.
42 inches
from thein circumference
large end) ... Value 7)% Strippings Waste)... and Silk YarnValue 5%
206 CUSTOMS EXffQET TARIFF OF THE REPUBLIC OF CH IE A
Per Hk. Tls. Brass, thereof: and Manufactures Per Hk., Tls.
Wadding, Cot^aa
Wadding. Silk ..... ' „„ • 555%„„ b.a. Foil Buttons- 100
Piculkg. Free
5.20
Wo
Wool. 1, Camels*
Goats ... , „ 5,, c. Nails „ 1.90,
Wool, Sheep’s ... 5„ d. Wire ., 1.50
Textile Fibres,’h.o'.p.f. .. ... ... Value .7J„ /.e. ■ Others
; Brassware Value Free
n%
Yarn, Thread, Plaited and Knitted Coins, Foreign .„
Copper, and Manufactures there- ... ' Free
Goods
Cordage and Twine Value Free a. Sheets,
Ingots and Rods,Slabs
and Nails ... Value
Cotton
Cotton Socks andSewing,
Thread, Stockings on Spools Free ’ c.b Others „ n„
or Cops (of 50 yds. or less) ... Gross 0.037 G tures dd andthereof: Silver, and Manufac-
Cotton Thread, n.o.p.f ...Picul
„ 1.10 1.10 a. •Dust) ’ ullion (including
Cotton Yarn Work,
Drawn-thread Cross-stitch b. Goldware and .. ...Gold Value n%
Silverware...
Work,
or other and Embroideries, Silk Free Iron, and Manufactures thereof:—
Lace andYarnTrimmings Free a. Bars,Sheets, Ho-ps.
etc. (including Rods,
Ramie and Thread 100 kg. Free Mild Steel) 100
Silk Yarn and Thread
Woolen Varn and Thread Picul 10.00
,. 4.50 c.b. Nails Pigs and Kentledge (in- Piculkg. Free
Free
Piece Goods , eludingIron) R-melted Shansi 10Value
Cotton PieceCoarse
Goods' (having notPicul 1.50 d. Wire 7£%
> kg. Free
Free
Grasscloth,
over 16 warp thread to a100 kg. Free Lead, and Manufactures there- e. Others (including Steel) ... Value
centimetre)
Grasscloth, Fine to*(having over „ Free a.of:—
40 warp threads an in, h)... Pigs or Bars
b.c. Others.
Sheets Picul 0.40'
SilkturalPiece Goods' (including Na- „ 7i%
Value 0.60
Piece ilk and/or
Goods, Artificial
andArtificial Silk
MixturesSilkof Quicksilver
r Picul 5.10
Natural and/or 'Tin,
1 inw areand Manufactures there- Free
and
Silk other fibres) Free of:—
PiecePongees
Good?, n o.p.f Value Free 7*% a.b. Ingots Foil and slabs ... ,. Picul 4.90
.V;-' A30
Other Textile Products c.
Zinc, Others , ...
and Manufactures there- Value ~i%
Blankets and.. ,•■...Capnjerpanes, of: —
Cotton Woollen,
Blankets, Picul 3,00 a.b. Others
and...Wool... and...Piece
Spelter ...... Picul
Value 7|% 0.53
Cotton Union 0.15 Metalsn0 fand Metallic Products,
-P- ' -
Givnny NewBags:— Manufactures
a.b. Old Picul
„ 0.41 Others
0.25 .. of ’Value Fi7i%ee
Tdwels ... ... ^including Wool ,. 3.C0 Glass and Glassware
Woollen Carpets Glass Bangles or Armlets
and ‘"otton Carpets and Floor
Rugs) and Articles of Personal100 kg. Free a. In bulkColoured Gla^s Heads, or Plain: —100 kg. Free
nr temporarily
Clothing
Wear (including boots and strung together with
C'Silvered
.tton .'tring (including
a.Shoes):—
Natural
b.c Natural Silk
Silk Mixtures 100„ kg. Free Picul 10.00
5.50 Beads, Hollow
strung... and packedGlass
d. Cotton
Others Value Free b. stinfancy cartons)
ruI1g together
Cotton or
...with...
Silk
Free
Textile Products,'n.o.p.f ,, 7£ „ StBoxes
rings,inor put
Ores, Metals, and Metallic Products Neck-laces. theupformin Fancyof
Value Free
Ores
Antimony:— ... ... ... Value 7$,, Glass, Window,
a.b. Dnsilvered
Silvered Common;— ... meters„ Free Free
a.b. Kegulus
Crude Picul 0.58
„ 0.84 Glass or Vitrified-.ware, n.o.p.f. Value Free 10 sq.
CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF CHINA 207
Stone, Earth, Sand, & Manufacturers quisites Per Hk. Tls.
thereof (including China ware a. Bottles, Empty, ; Aerated
and Enamelled-ware) * Water andionH'eImport,
er, iForeign
Per m. ru. duty paid re-
Bricks and
Cement Tiles as Portl nd) Value
(Hydraulic, Picul 5%
0.034 exported Free
Marble Pottery, and „ 0.43 57 Boxes,
Empty Wooden,
returned Old.
for fu- ‘ Free
Chinaware, ture use ...
-a.Earthenware:—
Value §11 and under per •i c. Chests,
purposes Tea for packing
b. 100 kgover $15 per 100 kg...100„ kg. Free
Value Free there f and materials '{ Free
Enamelled Ironware andValue Free d. <\ylinders
Oil or and
(as which Gas Drums.
Containers), Iron
Cloisonne-ware onpreviously 1 mpqrt
Earth, Sand, Stone,
Manufactures thereof, n.o.p.f ,, 5 „ and been paid has,
Duty ..' Free
Chemicals and Chemical Compounds . e. JarstainingEarthenware, Samshu, con-
Pre- -
Alum, Green, or Copperas Picul 0.14 serves, etc.,packing
and allor other
Alum,
Arsenic White ... „„ 0.130.83 necessary
tainer thereof Con- ; Free
Ink,
Lead, Chinese
Bed, Ceruse,
White and ...
Yellow Value , 7 k% . f. Labels, Tea-box ... Ftee
(Minium, and Massi- g. Tins, Kerpsenq,
if not flattened out’ Empty, Free
cot)
Potash ... Picul
„ 0.75 0.35 Curios and Antiques (notof inclucl- .
Realgar Picul 0.89. ing• those the exporg
is prohibited which Value
by ordinance) 7i%
Soap, Household and LaundryValue. „ 0.49 Fans: —
Soap,
Soda, Toilet
Crystals 5%
Picul 0.L4 a.c.b. Palm-leaf,
Feather Fiue
Palm-leaf, Hundred Free
Free
Spirits
Spirits oforWine
Alcohol and RectifiedImp. Gallon 0.035 d. Paper ...coarse
... ... ...... Thousand
Hundred „ Free
Free
Varnish, or Crude
Vermilion '. Lacquer ... ... ... Value 5^ Fire-crackers e. Others... ... Values;Free
Gypsum lO&ftg.Free
Books
Printed Matter
and Pamphlets (including Hair-nets and Hair Switches ... m 0.074 Free
Advertising Matter, Picture Ivory
Joss ware
Sticks ..Picul
Value Free
0.46
Books,
Diaries, and Scrolls, Date
Calendars blocks.
withbutor Kitty sols and Umbrellas Free
without metal binding; Lacquerware,
(not including Plain or Fancy
Lacquerware... ...
not including Old collected
Books, Pic-as inlaid with
tures,
< ’urios)and Scrolls Free Matches
containing (notMother-of-pearl)
including
White or Yellowthose Free
Illustrations
cludingMatter, and Diagrams (in-
Chartsn.o.p.fand Maps)Value Free Free Mats, Phosphorus) 100 kg. Free
Printed .MattingStraw and BushMats...sewnHundred 0.30
(including
Sundry -together, with designs
thereon; and Mattings with printed
Braid, Straw, and Hats, StrawPicul Free
Candles 0.89 edge bound with cloth) ofBoll
Confectionery, Preserves, and 37 metres Free
Sweetmeatsand Packing Re- „ 0.71 Articles
Containers not Tariff
for in this otherwise providedValue 7i%
REVISION OF POSTAL RATES
AFrom
Postal20thNotification
day, 5tb issued
month,on21st
Mayyear
19, 1932, announced
C.H.M.K. (May :—20, 1932), the following
revised postage rates will take effect:—
Domestic Places:—
(1) Local letters : 2 cents per 20 grammes.
(2) Domestic letters : 5 cents per 20 grammes.
(3) Postcards : Single 2| cents, Double 5 cents.
(4) Samples : 3 cents, cents, 104 cents and 15 cents respectively for grammes
up to 100, 100-250, 250 350 and 350-500.
(5) Registration fee : Simple 8 cents, with Return Receipt 16 cents.
(6) Fee for return receipt for parcels and express articles, or acknowledgment of
payment for money orders : 8 cents (subsequent acknowledgment of receipt
16 cents).
(7) Books,
rates printed
cancelled.matter and commercial papers: Collection of double or treble
Foreign Countries:—
To Japan, Korea, the Leased Territory of Kwangtung and Taiwan, same as above
(2) to (7). To Hongkong and Macao, same as above (2) and (3).
Full particulars may be had on application at any Shanghai Post Office.
Post Office,
Shanghai, May 19, 1932. A. M. Ohapelaix.
NOTES TO THE IMPORT TARIEE
If any of the articles provided for in this Tariff are imported in dimen-
sions exceeding those specified, the duty is to be Calculated in proportion to
the measurements as defined.
The term “n.o.p.f.” in this Tariff stands for “not otherwise provided for.”
RULING FOR CALCULATING DUTY-PAYING VALUE OF
COMMODITIES PAYING SPECIFIC RATES ON BASIS OF VALUE
1. grades which—Wherever
ed into are determined by the the tariffofduty
value, rate leviable
the goods, on imported good
the word
“value” is to be regarded as meaning the duty-paying value as defined in
section 1 of Rule l of the Import Tariff Provisional Rules. The following
additions
sale marketarevalue
to beofmade to thisfor“value”
the goods before
purposes of dutycomparing it with the whole-
assessment:—
(a) The Tariff duty rate ;
(b) Surtax or surtaxes at present in force; and.
(c) 7 per cent, of the “value” in order to arrive at the wholesale
market value of the particular grade.
2. —If the wholesale market value of the merchandise fa
limits
shall be charged inas accordance
of a grade ascertained with
by applying
the tarifftherateruleprescribed
given in section
for that1,grade.
duty
3. —If the wholesale market value of the merchandise fa
limits
duty of any grade asin ascertained by applying the rule prescribed
given in sectionthe1,
gradeshall
which,be charged accordance
when converted, with
approaches the tariff
most nearlyratethis wholesale for
market
value.
NOTES TO SECTIONS I, II, III, AND IV.
In case piece goods or knitted tissues are constituted of more
than one kind of fibre, the presence^ of any kind of fibre which does
not exceed 5 per cent, by weight shall not affect the tariff classification
of such goods.
The classification of goods made of Cotton, Flax, Rkmie, Hemp,
Jute, Wool, and/or Silk (Natural or Artificial) shall not be affected
by such goods having been stitched, taped, whipped, or faced with
materials other than those of which, the goods are made.
Articles consisting partly of lace, trimmings, or any other orna-
mental materials or decorated therewith are liable to a duty of 5 per
cent, ad valorem in addition to the ordinary duty leviable thereon.
The term “ Silk ” in .that Tariff includes “ Artificial Silk.”
I.—COTTON AND MANUFACTURES THEREOF.
COTTON PIECE GOODS, GREY.
Unit C.G.U
Shirtings, Sheetings, and T-Cloths, Plain, Grey :—
(a) Note over 82 cm. wide :
(1) Weighing not more than 140 grammes per metre Metre 0.028
(2) Weighing more than 140 grammes per metre ,, 0.043
210 TEXT OF NEW CHINESE CUSTOMS IMPORT TARIFF
(b) Over 82 cm. but not over 102 cm. wide : Unit C.G.U.
(1) Weighing not more than 90 grammes per metre Metre 0.02G
’(2) Weighing more than 90 grammes per , metre ,, 0.043
T-CLOTHS •
(a) Not over 82 cm. wide :
, (1) Weighing not more than 140 grammes per metre ,, 0.028
(2) Weighing more than 140 grammes per metre ,, 0.043
(b) Over 82 cm. but not over 102 cm. wide :
(1) Weighing npt more than 90 grammes per metre ,, 0.026
(2) Weighing more than 90 grammes per metre....... "'„ 0.043
2 Drills 'hind Jeah^ Giidy''(S^or 4 shaft only), not over 82 cm. wide ,, 0.043
3 Imitation N^v^. Ootton Cloths, .Grey, not over 62 cm. wide Quintal 2b“o
4 Cambrics, Lawns, Muslins, Brocades (single yarn only), and
Striped, Spotted, Corded, or Figured Shirtings, Grey Metre 25%
5 LenOs and Leno Brocades, Grey „ 25%
6 ‘Cotton''Crape, Grey, not over 82 cm. wide ,, 0.037
7 Cotton Sergp^, Diagonal Twills, Herringbone Twills, Oatmeal
Crapes, Coatings, Suitings, Tweeds, Gabardines, and Trouser-
ings, Grey .% 1 ,, 25%
8 Satteen Drills, Gray ,, 25%
9 Poplins, Grey ,, 25%
10 Imitation Poplihs, Ribs, Cords, and Repps, Grey ,, 25%
11 Cotton Canvas and Duck, Grey (including those with coloured
stripes) 25%
12 Cotton Flannel, 1 or Flannelette,- of Plain or -'Twill ' Weavey ' :~ M
Grey
(a) Not over 82 cm. wide ,, 0.059
(b) Over '82 cm. but not over 102 cm. wide ,, 0.077
13 Cotton Velvets, Plushes, and all other Pile Cloths, Grey ,, 25%
14 Cotton Piece ’ Goods', Grey, n.o.p.f. : —
Nankeens Quintal 26%
others , , Metre 25%
COTTON PIECE GOODS, WHITE OR DYED.
15 Shirtings, Sheetings, and Irishes, Plain, White:
(a) Not over 92' cm. wide ,, 0.05
(b) Over 92 cm. wide -> V, *
16 Drills and Jeans, White (3 or 4 shaft only), not oyer 82 cm; wide ,, 0.049
17 T-Clbths, White, and :Mexicau&i ndt over 82 cm. wide ,, 0.05
16 Cambrics, Lawns, Muslins, Nainsooks, Mulls, Jaconets, Victoria
Checks, Swiss Checks; Lappets, Limbrics, Brocades (single™ J' 1
yarn only) and Striped,; Spotted, Corded, or Figures Shirt-
ngs, White for, Dyed r , - ■
(а) Not Over 827cm. wide ilu,a. :.0.068
(б) Over 82 cm. but not over 92 cm „ 0.073
(c) Over 92'ciniiiWide : ....a....'. •„ 25%
19 Voiles, White or Dyed „ 25%
20 Organdies, White or Dyed .t. ,, 25%
21 Lenos, White or Dyed, not over 82 cm. wide ,, 0.043
22 Leno Brocadds," White or-Dyed - 1 ,, 25%
23 Mercerised Crimps, White or Dyed......,.,,n.f...,,v.. ,, 25%
24 Cotton Crape, White'br Dyed' not over 82 cm. wide ,, 0.044
25 Skirtings, Sheetings, and Pongees, Dyed, Plain
(a) Not over 82 cm. wide ( ,, 0.038
(b) Over 82 cm. but not over 92 cm ...7..,, (9.05
26 Drills and Jeans (3 or, 4 shaft only),i:,Dye4t pot oyer 82 cm. wide V, 0.049
♦Duty to be levied, in proportion to (a)
TEXT OF NEW CHINESE CUSTOMS;; I^IEQET . TABIFp 2J] ,
Unit C.G.U.
Dyed T-Cioths, Embossed Cantoons, Alpacianos, and Ite^l and
Imitation Turkey Reds, not over 82 cm. wide
(a) Weighing not more than 65 grammes per metre............ Met^.j 0.031 .
(b) Weighing more than 65 grammes but not more than L05
grammes per metre » 0.042
[c) Weighing more than 105 grammes per metre 0.05
Cotton Serges, Diagonal Twill?, Herringbone Twills, Oatmeal
Crapes, Coatings, Suitings, Tweeds, Gabardines, and Trouser-
ings, White or Dyed, not over 82 cm. wide „ 0.061
Satteens Drills, White or Dyed, not over 82 cm, wide >> 0.066
Cotton Eastings, Satteens, Italians, Imitation (Weft-faced)
Venetians, Tientsin Twills, B.eatrice Twills, Warp-faced.
Satteens, and Satteen Stripes, White or Dyed, not'over 82 cm.
wide „ 0.081
31 Cotton Venetians, White or Dyed, not over 82 cm. wide. ,, 0.11
32 Poplins (including Poplin Taffetas), White or Dyed, not over
82 cm. wide ...! „ 0.10
33 Imitation Poplins, Ribs, Cords, Repps, and Moreens, White or
Dyed, hot over 82 cm. wide ,, 0.083
34 Cotton Canvas and Duck, White or Dyed ,, 25%'c
35 Dimities, Piques, Vestings, Quiltings, and Bedford Cords, Wiite
or Dyed >. '„ 25
36 Cotton Flannel or' Flannelette) of Plain or Twill Weave, White
or Dyed : —
(a) Not Over 62 cm. wide- „ 0.035
(5) Over 62 cm. but not over 82 cm. wide ,, 0.044
(c) Over 82 cm. but not over 92 cm. wide „ 0.057
Cotton Velvets, Plushes, and all other Pile Cloths, White 'or'
Dyed :—
(a) Not over 92 cm. wide ,, 6.16
(b) Over 92 cm. wide , „ 25%
Cotton Piece Goods, White or Dyed, n.o.p.f
Nankeens Quintal 25%
Cellular cloth Metre 25%
others ,, 25%
COTTON PIECE GOODS, PRINTED.
Shirtings, Sheetings, and T-Cloths, Plain, Printed :—
(a) Not over 82 cm. wide „ , 0.05
(5) Over 82 cm. but not over 102 cm. wide ,, 0.054
40 Drills and Jeans (3 or 4 shaft only), Printed, not over 82 cm.
wide f... 005
41 Cambrics, Lawns, Muslins, Brocades (single yarn only), and
Striped, Spotted, Corded or Figured Shirtings, Printed :—
; (a) Not over 82 cm. wide .,, 0.06b
j (b) Over 82 cm. but not over 102 cm. wide ...,,..i „ 0.073
42 Voiles, Printed -Value 25%, -
43 Organdies, Printed ,, 25% -
44 Lenos, Printed, not over 82 cm. wide . Metre 0.043
45 Mercerised Crimps, Printed , ,, 36%'’
46 Cotton Crape, Printed, not over 82 cm. wide.; Y> 0.044
Cotton Serges, Diagonal Twills, Herringbone Twills, Oatmeal
Crapes, Coatings, Suitings, Tweeds, Gabardines, and Trouser-
ings, Printed, not over 82 cm. wide ,, 0.061
48 Satteen Drills, Printed, not Over 82 cm. wide ...........v,v.k..;..-... : ,, i 0.066
49 Cotton Eastings, Satteens, Satinets, Italians, Damasks, Silesias,
and Beatrice Twills, Printed, not over 82 cm. wide ,j 0.081
212 TEXT OF NEW' CHINESE CUSTOMS IMPORT TARIFF
Unit C.G.U.
50 Cotton Venetians, Printed; not over 82 cm. wide Metre 0.11
51 Poplins, Printed, not over 82 cm. wide : „ 0.10
52 Imitation Poplins, Ribs, COrds; Repps, and Moreens, Printed,
not over 82 drii. wide......:.....'. ,, 0.083
53 Twill Cretonnes, Oatmeal Crape Cretonnes, Satteen Cretonnes,
Repp Cretonnes, and other Cretonnes Value 25%
54 Cotton Flannel ’Or Flannelette, of Plain or Twill Weave, ■:'r>v
Printed :—
(a) Not over 82 cm. wide Metre 0.044
(b) Over 82 cm. but not over 92 cm. wide ,, 0.057
65 Cotton Velvets, Plushes, and all other Pile Clbths, Printed : —
(a) Not over 92 cm. wide ‘ »»
(b) Over 92 cm. wide Value 25%
56 Cotton Piece Goods, Printed, n.o.p.f ,, 25” .
COTTON PIECE GOODS, MISCELLANEOUS.
57 Shirtings and Sheetings,. Plain, Yarn-dyed, not over 92 cm. wide Metre 0.05
58 Drills and Jeans (3 or 4 shaft only), Yarn-dyed, not over 82
cm. wide ....‘ — „ 0.05
59 Cambrics, Lawns,. Muslins, Brocades, (single yarn only), and
Striped, Spotted, Corded, or.Figured Shirtings, Yarn-dyed... Value 25%
60 Lenos and Leno Brocades, Yarn-dyed „ 25%
61 .! Cotton Crape, Yarn-dyed, not over 82 cm. wide Metre 0.044
62 Cotton Serges, Diagonal Twills, Herringbone Twills, Oatmeal
Crapes, Coatings, Suitings, Tweeds, Gabardines, and Trouser-
ings, Yarn-dyed not over 82 cm. wide ,, 0.061
63 Poplins, Yarn-dyed, not over 82 cm. wide „ 0.10
64 Imitation Poplins, Ribs, Cords, and Repps, Yarn-dyed, not over
82 cm. wide „ 0.083
65 Dimities, Piques, Vestings, Quiltings, and Bedford Cords, Yarn-
dyed Value 25%
66 Cotton Flannel, or Flannelette, of Plain or Twill Weave, Yarn-
dyed :—
(a) Not over 82 cm. wide Metre 0.044
(b) Over 82 cm. but not over 92 Cm. wide ,, 0.057
67 Cotton Velvets, Plushes, and all other Pile Cloths, Yarn-dyed... Value 25%
68 Cotton Piece Goods, Yarn-dyed, n.o.p.f ,, 25%
69 Cotton Waterproof Cloth, Rubbered . ,, 25%
70 Cotton Piece Goods, n.o.p.f „ 25%
COTTON, RAW; COTTON THREAD, COTTON YARN, AND
MANUFACTURES :OF;.COTTON, N.O.P.F.
71. Cotton, Raw Quintal 3.50
72 Cotton Waste, and Yam Waste „ 1.30
73 Cotton Wadding „ 5.50
74 Cotton Rag ,, 0.17
75 Cotton Yarn*
(a) Grey (irrespective of fold) :
(1) Counts-up to and. ineluding. K’gramme 0.11
(2) Counts above 17 and up to and including 23 ,, 0.12
(3) Counts above 23 and up to and including 35 ,, 0.15
(4) Counts above 35 and up to and including 45 ,, 0.17
(5) Counts above 45 ,, 0.18
(b) Others „ —
TEXT OF NEW CHINESE CUSTOMS IMPORT TARIFF 213
Unit C.G.U.
76 Cotton Thread
(a) Sewing Cotton, on Spools or Cops :
(1) 2-eord and 3-cord, 46 metres or less Gross 0.17
(2) 6-cord and 9-cord, 46 metres or less „ 0.36
(b) Crochet or Embroidery Cotton, in skeins or balls :
(1) Over Gold Units 6 in value per Kilogramme K’gramme 1.30
(2) Not over Gold Units 6 in value per Kilogramme ,, 0.45
,(c) Others „ 0.28
77 Imitation Gold or Silver Thread, on Cotton ,, 1.50
78 Cotton Twine and Cordage (including Rope). „ 0.17
79 Candle-wick „ 0.23
80 Lace, Trimmings, Embroidered Goods, and all other materials
used for decorative or ornamental purposes; and all products
made wholly thereof , Value 50%
81 Mosquito Netting, not over 230 cm. wide Metre 0.10
* Counts according to British or International System (number
of hanks of 840 yds. in 1 lb.)
82 Cotton Knitted Tissue :—
(a) Raised (Gassed or Ungassed) K’gramme 0.46
(b) Not Raised :
(1) Made of ungassed or unmercerised thread „ 0.55
(2) Made wholly or partly of gassed or mercerised thread „ 0.96
83 Knitted Clothing, Raised ,, 0.51
84 Knitted Clothing, not Raised :—
(a) Made of ungassed or unmercerised thread ,, 0.61
(b) Made wholly or partly of gassed or mercerised thread... ,, 100
85 Knitted Socks and Stockings :—
(a) Made of ungassed or unmercerised thread » 0-SIw
(b) Made wholly or partly of gassed Or mercerised thread... >» l-
86 ^Elastic Webbing, Braid and Cord Value 30%
87 Ankle-bands K’gramme 0.88
88 Lampwick » 0-26
89 Towels, Turkish „ 0.55
90 Blankets and Blanket Cloth „ 0.41
91 Handkerchiefs Dozen 40%
92 Bags, New K’gramme 0.25
93 Clothing, and all articles of personal wear and parts or acces-
sories thereof, n.o.p.f Value 40%
94 Cotton Goods, n.o.p.f „ 30%
II—FLAX RAMIE, HEMP, JUTE, AND MANUFACTURES THEREOF
(INCLUDING THOSE MIXED WITH COTTON).
95 Flax, Raw Quintal 7£%
96 Ramie, Raw ,, 7J%
97 Hemp, Raw „ 1.50
98 Jute, Raw : <..... „ 1.50
99 Oakum Value 7J%
100 Yarn and Thread, of Flax, Ramie, Hemp, and/or Jute, mixed
or not mixed with Cotton Quintal 15%
101 Twine and Cordage, (including Rope) of Flax, Ramie, Hemp,
and/or Jute, mixed or not mixed with Cotton „ 15%
102 Lace, Trimmings, Embroidered Goods, and all other materials
used for decorative or ornamental purposes; and all products
made wholly thereof Value 50%
214 TEXT OF ] MB'Ws CHINESE ( CUSTOMS' IMPORT TARIFF
j.o.-) liiij Unit ' C.G.U.
103 Canvas and Tarpaulin, of Hemp and/or Jute, mixed or not ;
mixed with Cotton (Proofed and unproofed) Value. 25%
104 Flax Piece Goods, White, Plain, mixed, or not mixed . with
Cotton, weighing not more than .170 kilogrammes per square
metre and having more than 50, threads but not more than
80 threads in a square cehtimetre in warp and weft...., Metre 7|%
105 Flax Piece'Goods, mixed or. not mixed with Cotton, n.o.p.f. ... 25%
100 Hessian Cloth ..:.... ) .....; Quintal *00
107" Hemp Bags and Hessian Bags, New
108 Gunny Bags, New „ • 4.50 •
109 Gunny Bags, Hemp Bags, and Hessian Bags, Old •2.30“
lid Clothing,"and all articles of personal wear and parts or acces-
sories thereof;' n.o.p.f. Valtie 1 40% u-
111 Flax, llemie, Hemp, and/or Jute'Grtods. mixed Or not ihiXed
witn'Cotton, n.o.p.f. .. • 30%
III—WOOL AND MANUFACTURES THEREOF (INCLUDING THOSE
MIXED WITH ANY OTHER FIBRES EXCEPT SILK).
112 Wool, Sheep’s, Goats' and Camels’ (including carded or
combed) ;>.... 100 Kg. 0.10
113 Waste Wool, Sheep’s, Goats’ and Camels’ (including Waste
Wool mixed with any other fibres except Silk) „ 5%
114 Woollen Yarn and Thread, pure or mixed —
(a) Value over Gold Units 180 per 100 kg. 100 Kg. 65.00 -
b) Value not over Gold Units 180 per 100 Kg. . ,, 45.00
115 Lace,{ Trimmings,1 Embroidered1 Goods and all oth5r matenals
used for decorative or ornamental purposes; and all
products made wholly thereof Valjjft/ 70%
116 Woollen Knitted, Tissue, pure qr mixed .. ,, 40%,
117 Bunting,, nqt over 46 cm. wide Metrp 0.11.^
118 • Camlets, not over 82 cm. wide „ 0.31-..
119 Woollen Piece Goods for technical purposes, pure or mixed,
such as Roller Cloth, Paper Mill Blanketing, etc y^lne' 15%
120 Woollen Velvets, Plushes, and all other Pile Cloths, pure e e
or ipixp^j M M . 50°., ((j
121 Woollen. Waterproof Cloth, Rubbered, pure or mixed ,, 40%
122 Woollen Piece Goods, pure or mixed, n.o.p.f. : — 1
(a) Weighing; not more than 200 grammes per squafe 1 metre*
* ' per 100
Ks: 200.04
(b) Weighing more than 200 grammes but not more than
400 ’ gtatames per square metre ' ,< 190.00
(c) Weighjng more than 400 grammes per square metre .. ,, 40%
123 Felt and Felt Sheating Value 40%
124 Woollen Blankets.and Travelling Rugs, pure or mixed.. K’gramme 40%
125 Woollen .Carpets,.. Carpeting, and all. other Floor. Coverings.
pure or mixed Value 50%
126 Hats, Caps, and Hat- Bodies, of Felt
(a) Hats and Caps 40%
(5) , Hat, Bodies :
(1) Blp.cg.ed Value 40%,,;
(2) Others „ 20%
127 Clothing, and ,all articles of; , personal wear and parts or
accessories t^erpp|,, p-p.p.f, „ 50%
128 Woollen, .Goods and Woollen Mixtures, n.o.p.f „ 40%
TEXT OF NEW CHINESE CUSTOMS IMPORT TARIFF 215
IV.—SILK AND MANUFACTURES THEREOF (INCLUDING THOSE
MIXED WITH ANY OTHER FIBRES). Unit C.G.U.
129 Natural. Silk, Raw Quintal 60%
130 Artificial Silk Floss and Yarn K’gramme 1.20
131 Waste Natural Silk Quintal 40%
132 Waste Artificial Silk „ 40%
133 Spun Natural Silk K’gramme 60%
134 Spun Artificial Silk (including Artificial Woollen Yarn) „ 60%
135 Silk Yarn and Thread, pure- or mixed, n.o.p.f „ 60%
13fe Imitation Gold or Silver Thread, on Silk, pure or mixed Value 60%
137 Lace, Trimmings, Embroidered Goods and all other materials
used for decorative or ornamental purposes; and all
prodhc'ts made wholly thereof ,, 80% _
138 Silk Knitted Tissue, pure or mixed ,, 80%
139 Bolting Cloth „ 15%
140 Silk Velvets, Plushes, and all other Pile Cloths, pure or mixed K’gramme 80%
141 Silk Waterproof Cloth, Rubbered, pure or mixed Metre 80%
142 Silk Piece Goods, pure or mixed, n.o.p.f, :—■
(a) Of Natural Silk .. K’gramme 80%
‘ ib) ' Of Artificial Silk Metre 80%
v. (d Of ( Natural Silk and Artificial Silk K’gramme 80%
(d) 6f Natural Silk and W'ool or pf Natural Silk and WooC'.
,• v ' cvnd Vegetable Fibre Metre 80%
(e) ;;Of Artificial Silk and Wool or of Artificial Silk and
. J, Wool and Vegetable Fibre „ ' 80%
(/)’ ' Qf Natural Silk and Cotton K’gramme 80%
{g) Of Artificial Silk and Cotton Metre 80%
[h) pthers „ 80%
143 Silk Elastic Webbing,; Braid, and ipord,, pure, pr mixed Value 80%
144 Clothing, and all other articles of personal wear and parts or
accessories thereof, n-p.p.f. „ 80%
145. Silk Goods and Silk Mixtures, n.o.p.f „ 80%-
V —METALS AND MANUFACTURES THEREOF (INCLUDING
ORES, MACHINERY, AND VEHICLES).
■ ores ; r f V:
146 Ores of *11 kinds Quintal p%
METALS
- • Aluminium ' '
147 Foil, Plain 100 Kg. 30.00
148 Foil,''“Coloured- or Embossed ,, 35.00
14& Grants, Yngnts, and Slabs Quintal 6.60
150 Sheets and Plates ,, 17.00
151 Others Value 12£%
152 ■ Antrifrietion Metal 100 Kg. 14.00
.,V3rass and Yellow Metal; —
153.:f ■ Bars and, Rods „ 6.60
154 Bolts, Nuts, Rivets, and Washers Value 20%
155 Ingots 100 Kg. 4.00
156 Nails : ,, 16.00
157 Old Of‘Scrap (fit only for remanufacture) 2.00
158 Screws 35.00
159 Sheets, and Plates ,, 9.00
216 TEXT OF NEW CHINESE CUSTOMS IMPORT TARIFF
Unit C.G.U.
160 Tacks Value 20%
161 Tubes 100 Kg. 13.00
162 Wire ,, 7.20
163 Others Value 20%
Copper':— '
164 liars and Rods 100 Kg. 7.00
165 Bolts,..Nuts, Rivets and Washers » 19.00
166 Ingots and Slabs » 5-60
167 Nails „ 16.00
168 Old or Scrap (fit only for remanufacture) >> 3-66
169 Sheets and Plates „ 7.20
170 Tacks Value 20%
171 ..Tubes 100 Kg. 12.00
172 Wire „ 7.00
173 Wire Rope Value 15%
174 Others „ 20%
Iron and Steel, Ungalvanized (not including Bamboo, Spring,
Tool, and Alloy Steei) :—
175 Anvils, Swage-blocks, Anchors and parts of, and Forgings :
(d) Eac)i weighing in every case 115 hectogrammes or oyer, 100 Kg. 5.30
(b) Each weighing in every case less than 115 hecto-
176 grammesIngots, Slabs, and Sheet-bars
Billets, Blooms, Value
>. 20%
16%
177 Bolts, Nuts, and Washers 100 Kg. 4.50
178 Casting. Rough