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Er»3 Ei^h. i,:
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A.B.C. Code A. Z. Code
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Edition/-, Cogef
BentSeyV Lugagne
North China: South China:
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SMITH, BELL <& Singapore:
CoJ LTd: •"*
HAGENIEYER
TRAD! WG Co.,
QHAaVIATS W3VI
tu.
Le/ Juccejyeurs
de E.C. MONOD cuiAaiiATa oiar^M
Netherlands
India:
D^eeuR/
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INTERN AT lONAtP
CA8AUD. (I5rAGTfATB T3SfiAK CREDIET H.V.
USE DRAGON' BRAND "
FOR H!GH-CLASl!fs6tI6TANS|iSlfl?!N6 CONSTRUCTION
WEIGHTS AND MEASURES
In China, Standards of Weights, Measures and Length vary all over tho
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 Tmo L'h’ih or “Builder’s Foot” for length and
Kuping tael or Liang for weight. The law governing the new standard was
promulgated by the National Government on February 6, 1929 and it is intended
to be the legal standard of weights and measures acceptable throughout China.
For convenience sake and customary usage it also established a double system;
one is the standard metric unit and the other, which is temporary in nature and
to be abolished as soon as the people are accustomed to the use of standard units,
is designed only for market use. However, the latter is derived from the former
by taking one litre of Rung 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 Rung 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 litre,
1 pound equals to £ kilogram and 1 yard equals to I meter. The Russian and
Japanese system can also be thus varied accordingly so as to fit themselves to tho
International System. The following is a comparative table showing both the old.
and the new standards together with their approximate foreign equivalents :
WEIGHTS—OLD STANDARD
10 Wei — 1 Hu 10 Chien = 1 Lianpr, or Tael 100 Chin = 1 Tan, or Picul
10 Hu -U 1 Ssu = 87.79937 Grammes
10 Ssu = 1 Hao = 1.383 Avoirdupois Ounces = 183.83 lb.
lOHao — 1 Li 18 Liang = 1 Chin, or Catty = 60.47899 Kilogramm
10 Li = 604.7899 Grammes
10 Fen = 1 Chien, or Mace = 1 1/3 lb. 200 Chin = 1 Ting
NEW STANDARD
METRIC STANDARD
1 Knng Ssu =: 1 Milligramme I 10 Kung Fen — 1 Kung Chien | 10 Kung Chin — 1 Kung Han
10 Kung Ssu = 1 Kung Hao — 1 Decagramme j i = 1 Myriagram
10 Kung Hao
— 1 Centigramme i
= 1 Kung Li
10 Kung Chien — 1 Kung Liang
— 1 Hectogramme j
J 10 Kung Heng = 1 Kung
= 1 Quintal
— 1 Decigramme I
10 Kung Li =1 Kung Fen 10 Kung Liang — 1 Kung Chin 10 Kung Shih — 1 Kung Tung
±± 1 Gramme — 1 Kilogramme I 1 Tonne
MARKET STANDARD
10 Shih Ssu — 1 Shih Hao 10 Shih Chien — 1 Shih Liang 16 Shih Liang = 600 Grammes
10 Shih Hao = 1 Shih Li = 31$ Grammes — 13 Liang & 4 Chiem
10 Shih Li =1 Shih Fen 16 Shih Liang = 1 Shih Chin (Kuping Weight).
10 Shih Fen — 1 Shih Chien $ Kung Chin 100 Shih Chin — 1 Shih Tan
CAPACITY-OLD STANDARD
8 Su — 1 Keui I 10 Ho =1 Sheng 1 10 Sheng =1 Tou
» Keui = 1 Ch’ao — 1.0364688 Litres 6 Tou =1 Hu
10 Ch’ao — 1 Ts’o
10 Ts’o = 1 Skao = 1.09416 Liquid Quarts 2 Hu =1 Shih
10 Shao — 1 llo = 0.27354 Gallons I 2 Shih =1 Yin
WEIGHTS AND MEASURES^ Continued XVII
NEW STANDARD
METRIC STANDARD
1 Kung Ts’o — 1 Millilitre ./10 Rung Ho = 1 Rung Sheng J 10 Rung Tou jfc 1 Rung Shih
.0 Kung Ts’o = 1 Rung Shao — 1 Litre or 1,000 cc ' S= 1 Hectolitre
= 1 Centilitre
Rung Shao — 1 Rung Ho 10 Rung Sheng = 1 Rung Tou 10 Rung Shih =r 1 Rung Ping
1 Decilitre = 1 Decalitre I 1 Rilelitre
MARKET STANDARD
10 Shih Ho — 1 Shih Sheng 10 Shih Sheng = 1 Shih Tou
= 1 Rung Sheng
— 0.966 Sheng (old stand.); ! s-lO Shih Tou u — 1 Shih Shih
LENGTH- OLD STANDARD
= 1 Ts’un (or inch) 10 Ts’un — 0.36814 Metres 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 loot) = 1/3 English Mile
— 14.4 English inches = 676 Metres
NEW STANDARD
METRIC STANDARD
Millimetre 10 Rung Ts’un — 1 Rung Ch’ih I 10 Rung Chang tzs t Rung Ying
Rung Fen t Metre — ) Hectometre
— 1 Centimetre 10 Rung Ying ;==: 1 Rung Li
1 Rung Ts’un 10 Rung Ch’ih ^ 1 Rung Chang
— 1 Decametre | .-'•v'-* 1 Kilometre
Decimetre'
MARKET STANDARD
10 Shih Hao = 1 Shih Li 10 Shih Ts’un = 1 Shih Ch’ih | 10 Shih Ch’ih — 1 Shih Chang
10 Shih Li = 1 Shih Fen = 1/3 of Rung Ch’ih 10 Shih Chang = 1 Shih Ying
10 Shih Fen = 1 Shih Ts’un — 1.4 Ch’ih (old standard) 15 Shih Ying z=_ 1 Shih Li
AREA—OLD STANDARD
gig S'
Sq. Fen - 1 Sq. Ts’un 10 Ssu . :=: 1 Hao i 10 Fen 1 Mow
Sq. Ts’un = 1 Sq. Ch’ih —- 1/6 English ai
Sq. Ch’ih ~ 1 Sq. Pu or
,10 Hao /=: | Li! ■ • : i ‘ 240 Sq. Pu
= 1 Sq. Rung 100 Mow = 1 Ch’in
Ch’ing
= 1 Sq. Chang — 6 Sq. Chang | 540 Mow = 1 Sq. Li
§
NEW STANDARD
METRIC STANDARD
1 Rung Li = 1 Centiare 10 Rung Fen — 1 Rung Mow
0 Rung Li = 1 Rung Fen
,... , i . .. -100 gq. Ivun^.Ch’ihl
MARKET STANDARD
100 Shih Mow 1 Shih Ch’ing
XVIII ADVERTISEMENT
If you are interested in
advertising your goods
in the Far East
The
Hong Kong Daily Press
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MARINA HOUSE. 15-19. QUEEN’S RD. LONDON OFFICE:
CENTRAL, HONG KONG. ® 53. FLEET STREET. E.C. 4.
ADDENDA
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pocket inside the back cover.
Get your clerk to cut them out and paste them in the
correct places.
TOKYO HONG KONG
On Page 250 On Page A523
BECK, WALTER (Proprietor of W. Beck ASSOCIATIONS AND SOCIETIES
Shokai), Chemical & Technical Labora-
tory for Commerce & Industry, Import QUEEN’S COLLEGE OLD BOYS’ ASSOCIATION
—c/o Queen’s College
& Export, Sale, Purchase & Chartering
President—S. M. Churn
of Foreign Diesel-Motors, Steamships & Vice - Presidents — M. G. O’Connor
Tankers — Shunysdo Building, No. 8, and Chow Ping-un
Tori. 3-chome, Nihonbashi-ku; Teleph. Hon. Secretary—Leung Sik-kwan
Nihonbashi (24) 4369; Cable Ad: Beck Hon. Treasurer—Leung Ping-hin
Committee—Lo Cheunglp, H.K. Woo,
C. G. Anderson, Hung Mo Chiu,
OSAKA Cheung Wai Fung, Wei Tat, Lo
Tung-fan, Mak Qheuk Hon, Kwok
On Page 285 Hee-leung, Ng Ching Ting, Ho
Hung Chung, Man Hung Cho,
BAKER & Co., GEO. H., General Importers Leung Siu-chun and the Head
& Exporters, Sales Representatives & Prefect of Queen’s College
Buying Agents—Head Office: Nippon-
Chohei-Kan, Fushimimachi Midosuji; On Page A635
Telephs. Kitahama 2407, 2627 & 5096; MASONIC
P. O. Box 188; Cable Ad: Geobaker;
Codes: All Standard Codes & Private. LODGE, NAVAL & MILITARY —
Branch Offices: Kobe, Shanghai & New R. W. M.-A. Jillott
York I. P. M.-W. H. Bailey
Geo. H. Baker, proprietor D. M.—A. Tarbuck
Barney T. Jones, manager S. M.-C. H. Dodson
H. Tohyama (Import Dept.) W. S. W.—A. C. Sinton
C. Tara, manager (Shanghai) W. J. W.-S. W. Moreton
Y. Yoshioka (Export Dept.) Secretary—W. J. Burling
T. Morimoto, secretary Treasurer—S. Eccleshall
Chaplain—R. A. Bates
WEIHAIWEI S. D.-R. J. Ashby
Bible Bearer—A. Bailey
OnPageAlSl Organist—G. B. Foster
H. B. M. NAVAL DEPOT — Liukungtao, D. of C.—R. Cunningham
Weihaiwei Stewards—A. C. English, W. S. D’All,
Medical Officer - in - Charge — Surg. F. S. Elliott and H. M. Vanthall
Comdr. A. A. Pomfret, M.B., CH.B., Inner Guard—R. A. Neale
D.O.M.S., Royal Navy Tyler-O. A. Smith
XX ADDENDA (HONG KONG)
On Page A635 On Page At»37
PAUL CHATER LODGE OF INSTALLED MAS- VICTORIA PRECEPTORY—NO. 78, E. C.
TERS—NO. 5391, E. C. Em. Preceptor—G. F. Hole
W. M.—F. F. Duckworth 1st Constable—J. T. Bagram
I. P. M.—0. G. Alabaster 2nd Constable—H. F. Sommers
S. W.—J. T. Bagrara
Chaplain—F. J. Farr
J. W.-L. C. F. Bellamy
Chaplain—J. C. Hooper Treasurer—E. W. Hamilton
Treasurer—H. F. Harper Begistrar—C. Mycock
Secretary—W. J. Burling Marshal—E. S. White
D. of C.—P. D. Crawley Deputy Marshal—E. J. ft. Mitchell
Sr D.-C. B. Brown Almoner—W. Faid
J. D.—W. Faid Capt. of Guard—V. E. Ferrier
Asst. D. of C.—(Vacant) 1st Herald—H. S. Mok
Almoner—H. K. H. Long 2nd Herald—B. E. Maughan
Organist—E. J. It. Mitchell
1st Standard Bearer—H. E. Stone
Asst. Secretary—(Vacant)
2nd Standard Rearer—J.H.Bottomley
I. G.—H. B. L. Dowbiggin
Steward—It. W. Smith Organist—G. P. Ferguson
Tyler—O. A. Smith Guard—O. A. Smith
IF YOU ARE INTERESTED IN ADVERTISING
1
YOUR GOODS IN HONG KONG
ponij Pong gailg fras
(Established 1857)
OFFERS YOU THE MOST ECONOMICAL
METHOD OF REACHING THE BEST MARKET.
Write for specimens and advertising rates.
Marina House, 15-19, Queen's London Office:
Road C., Hong Kong. Fleet Street, E.O. 4.
TREATIES
LAWN TENNIS
The Job Printing Department
OF THE
HONG KONG DAILY PRESS,
LIMITED
is equipped with all the latest and most up-to-date
appliances for the production of first-class work.
All descriptions of Illustrated Catalogues, Circulars,
Visiting and Invitation Cards with latest Royal
Script Type.
COMMERCIAL PRINTING
turned out accurately and with the greatest despatch,
under the direct supervision of experienced Europeans.
Book Binding, Law Work,
Ledgers and Account Books, A
Machine Ruling, speciality, and at prices which
Gold Lettering and Marbling, etc. compare favourably with any
printing establishment in the
All executed on the premises at Far East-
the shortest notice. Estimates furnished.
TREATIES, CODES, &c.
TREATIES WITH CHINA
KOWLOON EXTENSION AGREEMENT. 189S
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 ot criminals occur they shall be dealt with in accordance
with the existing treaties between Great Britain and Chini 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
ninth day of June, in the year of Our Lord eighteen hundred and ninety-eight, being
the twenty-first day of the fourth moon of the twenty-fourth year of Kwang Hsii.
CLAUDE M. MACDONALD.
LI HUNG-CHANG ) Members of
Hsu TING K’UEI ) Tsung-li Yamen.
*1
SUPPLEMENTARY COMMERCIAL TREATY WITH CHINA
SIGNED AT SHANGHAI, 5TH SEPTEMBER, 1902
Ratifications Exchanged at Peking, 28th July, 1903
His Majesty tlie King of the United Kingdom of Great Britain and Ireland and of
the British Dominions beyond the Seas, Emperor of India, and His Majesty the Em-
peror of China, having resolved to enter into negotiations with a view to carrying out
the provisions contained in Article XI. of the Final Protocol signed at Peking on the
7th of September, 1901, under which the Chinese Government agreed to negotiate the
amendments deemed useful by the Foreign Governments to the Treaties of Commerce
and Navigation and other subjects concerning commercial relations with the object of
facilitating them, have for that purpose named as their Plenipotentiaries, that is to
say:—
His Majesty the King of Great Britain and Ireland, His Majesty’s Special Com-
missioner, Sir James Lyle Mackay, Knight Commander of the Most Eminent Order of
the Indian Empire, a member of the Council of the Secretary of State for India, etc.
And His Majesty the Emperor of China, the Imperial Commissioners Lii Hai-huan,
President of the Board of Public Works, etc., and Sheng Hsuan-huai, Junior Guardian
of the Heir Apparent, Senior Vice-President of the Board of Public Works, etc.
Who having communicated to each other their respective full powers, and
found them to be in good and due form, have agreed upon and concluded the
following Articles:—
Art. L—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 pasi concerning the right of
Chinese subjects to invest money in non-Chinese enterprises and companies, and
whereas it is a matter of common knowledge that large sums of Chinese capital are
so invested, China hereby agrees to recognise the legalitv of all such investments past
oresent and future.
TB E BRITISH COMMEKCIAL' I'BBATY Wl'i'B CHINA
It being, moreover, ofthe utmost importance that all shareholders in a Joint Stock
Company should stand on a footing of perfect equality as far as mutual obligations
are concerned, China further agrees that Chinese subjects who have of may become
shareholders in any British Joint Stock Company shall be held to have accepted, by
the very act of becoming shareholders, the Charter of Incorporation or Memorandum
and Articles of Association of such Company and regulations framed thereunder as
interpreted by British Courts, and that Chinese Courts shall enforce compliance there-
with by such Chinese shareholders, if a suit to fhat effect be entered,;provided always
that their liability shall not be other or greater than that of British shareholders in
the same Company.
Similarly the British Government agree that 'British subjects hivOsting in'
Chinese Companies shall be xinder the same obligations as' the 'Chinese .shareholders
in such companies.
The foregoing sha It not apply to cases which HaVe already been before' the Courts
and been dismissed.
Art. V.-—The Chinese Government undertake to remove within the next two
years the artificial obstructions to, naHgatidii’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 tm maintain that improvement, such work to
be carried out by the Imperial Maritime Customs and thecost thereof to Re defrayed,
by a tax on "goods landed and shipped by British and Chinese alike according to a.
scale to be arranged'between-the merchahts and thfe Customs Authorities.
The Chinese Government are aware of the desifahility of improving the naviga-
bility by steamer of the waterway between Icbang and Chungking, buTare also fully
aware that such improvement might involve heavy expense and would affect the
interests pf the population of the provinces of Szeehueii, Humin, and Hupeh. It is,
therefore,'mutually agfeed that until improvenlphts 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
aLppliancee shall be at the disposal of all vessels, both steamers and j unks, subject to
regulations to be drawn up by the Imperial Maritime Customs. These appliances
shall not obstruct: the'Waterway of inter^re with: the free passage of junks. Signal
stations and channel hiurks where and: When necessary .shall be Created by the
Imperial Maritime Custcms. Should any practical "scheme be pfesentecl .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. VI.—The Chinese Government agree to make arrangements to, give inc^pased
facilities' at the open ports for bonding and for repacking merchandise .ip bond, and,
on official representation being made by the British Authorities, to grant the privi-
leges of a bonded warehouse to any warehouse which,, to the satisfaction of the
Customs' Authorities, affords the. necessary security to, the revenue. ,
Shell warehouses wifi be subject to regulat ions,, including a. scale of fees according
to comm,o.clitjes,. distance from Cpstom-house and Ifcurs of. worliiiig, ; to.; be drawn up
by the, Cpsiquis.. .Authorities who will meet, the, convenience pi merchants .sq far as is
copxpatible with the protection , of the revenue. , ,
Art. VII.—Inasmuch as the British Government affords protection, to Chinese
tratle ,mark? 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.,
and ofTheSouthern
CJhiuese trade
G-overnmept furtheroflices
shall.establish undertake,
withinthattheir
therespective,
Superintendents of Northern
jurisdictions under
control of the Imperial Maritime , Customs where: foreign, trade marks. may be
registered on payment of a reasonable fee.
Art,;YlT^r-^reqmble.. The Chinese Government, recognising that the system
‘T levyingJehfW and other dues•,on goods at the place of production, in transit, and at
THE BRITISH COMMERCIAL TREATY WITH CHINA
destination, impedes the free circulation of commodities and injures the interests of i
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 {j
British subjects, and a surtax in addition to the export duty on Chinese produce ‘
destined for export abroad or coastwise.
It is clearly understood that after lekin barriers and other stations for taxing
goods in transit have been removed, no attempt shall be made to revive them in any
form or under any pretext whatsoever; that in no case shali the surtax on foreign ,
imports exceed the equivalent of one and a half times the import duty leviable in
terms of the Final Protocol signed by China and the Powers on the 7th day of Sep-
tember, 1901; that payment of the import duty and surtax shall secure for foreign
imports, whether in the hands of Chinese or non-Chinese subjects, in original packages
or otherwise, complete immunity from all other taxation, examination or delay ; that
the total amount of taxation leviable on native produce for export abroad shall, under
no circumstances, exceed 7| per cent, ad valorem.
Keeping these fundamental principles steadily in view, the high contracting
parties have agreed upon the following methods of procedure :—
Section 1.—The Chinese Government undertake that all barriers of whatsoever
kind, collecting lekin or such like dues or duties, shall be permanently abolished on all
roads, railways, and waterways in the Eighteen Provinces of China and the Three
Eastern Provinces. This provision does not apply to the Native Custom-houses at
present in existence on the seaboard or waterways, at open ports, on land routes, and
on land frontiers of China.
Section 2.—The British Government agree that foreign goods on importation, in
addition to the effective 5 per cent, import duty as provided for in the Protocol of 1901,
shall pay a special surtax equivalent to one and a half times the said duty to com-
pensate for the abolition of lekin, of transit dues in lieu of lekin, and of all other
taxation on foreign goods, and in consideration of the other reforms provided for in
this Article; but this provision shall not impair the right of China to tax salt, native
opium and native produce as provided for in Sections 3, 5, 6 and 8.
The same amount of surtax shall be.levied on goods imported into the Eighteen
Provinces of China and the Three Eastern Provinces across the land frontiers as on
goods entering China by sea.
Section 3.—All Native Custom-houses now existing, whether at the Open Ports,
on the seaboard, on rivers, inland waterways, land routes or land frontiers, as
enumerated in the Hu Pu and Kung Pu Tse Li (Regulations of the Boards of Revenue
and Works) and Ta Ch’ing 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,
en 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, the certificate is to be accepted by
the Custom-house concerned, in lieu ot 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 for by existing Treaties.
Section 5.—The British Government have no intention whatever of interfering
with China’s right to tax native opium, but it is essential to declare that, in her
arrangements for levying such taxation, China will not subject other goods to taxation,
delay, or stoppage.
China is free to retain at important points on the borders ot 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 tire export duty. Cocoons passing Native Custom-houses shall be liable to no
taxation whatever. Silk not exported but consumed in China is liable to the Con-
sumption Tax mentioned in Section 8.
Section 8.—The abolition of the lekin system in China and the abandonment of all
other kinds of internal taxation on foreign imports and on exports will diminish the
exports ismaterially.
revenue intended to The surtax onin foreign
compensate imports
a measure and loss
for this exports and on but
of revenue, coastwise
there
THE BRITISH COM.MERCTAL TREATY WITH CHINA
remains the loss of lekin revenue on internal trade to be met, and it is therefore agreed I
that the Chinese Government are at liberty to impose a Consumption Tax on articles i
of Chinese origin not intended for export.
This tax shall be levied only at places of consumption and not on goods while in *
transit, and the Chinese Government solemnly undertake that the arrangements which ’
they may make for its collection shall in no way interfere with foreign goods or with !
native goods for export. The fact of goods: being of foreign origin shall of itself free
them from all taxation, delay, or stoppage, after having passed the Custom-house.
Foreign goods which bear a similarity to native goods shall be furnished by the I
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 6f this (consumption) tax, which may vary ]
according to the nature of the merchandise concerned, that is to say, according as the 1
articles are necessaries of life or luxuries; but it shall be levied at a uniform rate on3
goods of the same description, no matter whether carried by junk, sailing-vessel, or
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 thel
Protocol of 1901 is to be charged on all machine-made yarn and doth manufactured ini
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 I
on raw cotton imported from foreign countries, and of all duties, including Consump-;
tion Tax, paid on Chinese raw cotton used in mills in China.
Chinese machine-made yarn or cloth having paid excise is to be free of Export ]
Duty, Export Surtax, Coast Trade Duty, and Consumption Tax. This Excise is to be j
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 foreigner’s 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 Govemors-General and Governors, and appointed,!
in consultation with the Inspector-General of Imperial Maritime Customs, to each pro-
vince for duty in connection with Native Customs affairs, Consumption Tax, Salt and .
Native Opium Taxes. These officers shall exercise an efficient supervision of the work- ;
ing of these departments, and in the event of their reporting any case of abuse, illegal j
exaction, obstruction to the movement of goods, or other cause of complaint, thej
Governor-General or Governor concerned will take immediate steps to put an end toj
same.
Section 11.—Cases where illegal action as described in this Article is complained of
shall be promptly investigated by an officer of the Chinese Government of sufficiently;:
high rank, in conjunction with a British officer and an officer of the Imperial Maritime
Customs, each of sufficient standing; and in the event of its being; found bya majority'
of the investigating officers that the complaint is well founded and loss has been
incurred, due compensation is to be at once paid from the Surtax funds, through the
Imperial Maritime Customs at the nearest open port. The High Provincial Officials
are to be held responsible that the officer guilty of the illegal action shall be severely’
punished and removed from his post.
If the complaint turns out to be without foundation, complainant shall be held
responsible for the expenses of the investigation.
THE BRITISH 0031 MERC IAL 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;
Nganking in Anhui;
Waichow (Hui-dhow) in Kwangtung; and
Kongmoon (Chiang-men) in Kwangtimg.
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 > xcept with the consent of the Chinese authorities.
If this Article does not come.into operation the right to. deniand under it .the
opening of these ports, with the exception of Konginoon, .which is provided for in
Article TO, shall lapse.
Section 13.—Subject to'the provisions of Section 14, the arrangements provided
1 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 th.-ir
posts.
■Section 14.—The condition on which the Chinese Government enter into the
- present engagement is that all Powers entitled to most favoured nation treatment in
China enter into the same engagements as Great Britain with regard to the payment
of surtaxes and other obligations imposed by this Article on His Britannic Majesty’s
Government and subjects.
The conditions on which His Britannic Majesty’s Government’ enter into the'
; present engagement are:—
(1) That all Powers who are :now of tvlid may hereafter become entitled td'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 pf any exclusive commercial concession.
Section 15.—Should the Powers entitled fp most favoured Ration treatment by
China have failed to agree to enter into the engagements undertaken by Great Britain
| under this Article by the 1st January, 1904, then the provisions' of the Article shall
only come into force when all the Powers have signified their acceptance of these
•: engagements.
Section 16.—When the abolition of lelcin and other forms of internal taxation on
| goods as provided for in this Article has been decided upon and sanctioned, an Imperial
Kdict shall be published in due form on yellow paper and circulated, setting forth the
1 abolition of all lehin taxation, lekin barriers and all descriptions of internal taxation op
L- goods,Theexcept
Edictasshall
provided
state for
thatinthethisProvincial
Article. Jiigh Officials are responsible that any
I official disregarding the letter or spirit of its injunction shall be severely punished and
I removed from his post. _
Art. IX.—The Chinese Government, recognising that it is advantageous for the
•f country to. develop its mineral resources, and
well as Chinese capital to embark in mining enterprises,that it is desirable to attract
agree within one yearForeign as.
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 the attraction of foreign capital, or place foreign capitalists at a
greater disadvantage than they would be under generally accepted foreign regulations.
Any mining concession granted after the publication of these new Eules shall be
subject to their provisions.
Art. X.—Whereas in the year 1898 the Inland Waters of China were opened to all
such steam vessels, native or foreign, as might be especially registered for that trade
at the Treaty Ports, and whereas the Regulations dated 28th July, 1898, and Supple-
mentary Rules dated September, 1898, have been found in some respects inconvenient
in working, it is now mutually agreed to amend them and to annex such new Rules
to this Treaty. These Rules shall remain in Force until altered by mutual consent.
It is further agreed that Kongmoon shall be opened as a Treaty Port, and that, in
addition to the places named in the special Article of the Burmah Convention of 4th
February, 1897, British steamers shall be allowed to land or ship cargo and passengers,
under the same regulations as apply to the “ Ports of Call ” on the Yangtze River, at
the following “Ports of Call”: PakTau Hau (Pai-t‘u k‘ou),Lo Ting Hau (Lo-ting k'ou),
and Do Sing (Tou-ch‘eng); and to land or discharge passengers at the following ten
passenger landing stages on the West River:—Yung Ki (Jung-chi), Mah Xing (Ma-
ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Lik
(Houli), Luk Pu (Lu-pu), Yuet Sing (Yiieh-ch‘eng), Luk To (lu-tu) and Fung Chuen
(Feng-ch‘uan).
Art. XI.—His Britannic Majesty’s Government agree to the prohibition of the
general importation of morphia into China, on condition, however, that the Chinese
Government will allow of its importation, on payment of the Tariff import duty and
under special permit, by duly qualified British medical practitioners and for the
use of hospitals, or by British chemists and druggists who shall only be permitted
to sell it in small quantities and on receipt of a requisition signed by a duly qualified
foreign medical practitioner.
The special permits above referred to will be granted to an intending importer
on his signing a bond before a British Consul guaranteeing the fulfilment of these
conditions. Should an importer be found guilty before a British Consul of a breach
of his bond, he will not be entitled to take out another permit. Any British subject
importing morphia without a permit shall be liable to have such morphia con-
fiscated.
This Article will come into operation on all other Treaty Powers agreeing to its
conditions, but any morphia actually shipped before that date will not be affected by
this prohibition.
The Chinese Government on their side undertake to adopt measures at once to
prevent the manufacture of morphia in China.
Art. XII.—China having expressed a strong desire to reform her judicial system
and to bring it into accord with that of Western nations, Great Britain agrees to
give every assistance to such reform, and she will also be prepared to relinquish her
extra-territorial rights when she is satisfied that the state of the Chinese laws, the
arrangement for their administration and other considerations warrant her in so
doing.
Art. XIII.—The missionary question in China being, in the opinion of the
Chinese Government, one requiring careful consideration, so that, if possible, troubles
such as have occurred in the past may be averted in the future, Great Britain agrees
to join in a Commission to investigate this question, and, if possible, to devise means
for securing permanent peace between converts and non-converts, should such a
Commission be formed by China and the Treaty Powers interested.
Art. XIY.—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 11
Should any vessel specially chartered to load rice or grain previously contracted
for have arrived at her loading port prior to or on the day when a notice of prohibition
to export comes into force, she shall be allowed an extra week in which to ship her
cargo.
If during 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 Rice 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 Rice so shipped or landed.
The Chinese Government undertake that no rice, other than Tribute or Army
Rice belonging to the Government, shall be shipped during the period of prohibition.
Notifications of prohibitions, and of the quantities of Army or Tribute Rice for
shipment shall be made by the Governors of the Province concerned.
Similarly, 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. XY.—It is agreed that either of the High Contracting Parties to this Treaty
may demand a revision of the Tariff at the end of 10 years; but if no demand be made
on either side within 6 months after the end of the first 10 years, then the Tariff shall
remain in force for 10 years more, reckoned from the end of the preceding 10 years,
and so it shall be at the end of each successive 10 years.
Any Tariff concession which China may hereafter accord to articles of the produce
or manufacture of any other State shall immediately be extended to similar articles
of the produce or manufacture of His Britannic Majesty’s Dominions by whomsoever
imported.
Treaties already existing between the United Kingdom and China shall continue
in force in so far as they are not abrogated or modified by stipulations of the present
Treaty.
Art. XYI.—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.] Jas. L. Maokay..
Annex A.—(1)
(Translation)
L't1, President of the Board of Works ;
Sheno, 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 Mackay, His Britannic Majesty’s Special Commissioner for the dis-
cussion of Treaty matters.
12 THE BRITISH BOMiM ERC1AE TREATY WITH CHINA
- Shanghai : K. H. X,XVni,, 7th moon, 11th day
(Received Atigwt 15, 1902/
We have the lionoar to-inform you that we have l*eceive& the following telegram
from His Excellency Liu, Governor-Genera; of the Liang Chiang, on the subject of ,
Clause II. mutually agreed Upon by its:
As regards this clause, it is h'ecessafy to insert therein a clear stipulation, to the
“ etiect that, no matter what changes may take place in the future, all Customs’ duties
“ must contihue to be calculated oh 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 hate already arranged with ydn 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 mirselves the honour to. make this communication!
■. Annex A—(2)
Gentlemen, Shanghai, August 18th, 1902.
I have the honour to ackno wledge the receipt of your despatch of the 14th instant
forwarding copy ,of a telegram fi*om His Excellency Liu, Governor-General of the
Liang Ghiang. on the subject of Article II. of the new Treaty, and in reply I have the
honour to state that His Excellency’s understanding of. the Article is perfectly correct.
I presume the Chinese Government will make arrangements for the coinage of a
national silver coin of such weight and touch as may be decided upon by them..
These coins will be made available to the public in return for a quantity of silver
bullion of equivalent weight and fineness plus the usual mintage charge.
The coinsGovernment
the Chinese wliich will become the national
to be .legal tender coinage of China
in payment will be duty
of Customs declaredandbyin
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)
Lu 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, VTice-Presideut 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
“ portion revenue of the
is appropriated fordifferent
the serviceProvinces derivedloans,
of the foreign froma’portion
lekin offorallthekind/
Peking~a
“Government/and the balance is reserved for the local expenditure of the Provinces
“ concerned.
THE BRITISH COMMERCIAL TREATY WITH CHINA T3
“ In the negotiations now being conducted with G-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
“lehin and other imposts on goods, it is further stipulated that the surtaxes shall not
“ be appropriated for other purposes, shall not form part of the Imperial Maritime
“ Customs revenue proper, and shall in no case be pledged as security for any new
“ foreign loan.
“It is therefore necessary to memorialize for the issue of an Edict, giving effect
“ to the above stipulations and directing the Board of Revenue to find out what
“ proportion of the provincial revenues derived from lekin of all kinds, now about
“ to be abolished, each Province has hitherto had to remit, and what proportion it
“ has been entitled to retain, so that, when the Article coihes into operation, due
,“ apportionment may be made accordingly, thus protiding the Provinces with funds
“available for local expenditure and displaying equitable and just treatment towards
“all.”
On the 1st instant an Imperial Decree “ Let action, as requested, be taken,”
was issued, and we now do ourselves the honour- reverently to transcribe the same
for your information.
Annex B—(2)
Shanghai, September 5th, 1902.
Gentlemen,
I have the honour to acknowledge the receipt of your despatch of the 2nd instant
forwarding the text of the Memorial and Decree dealing with the disposal of the
surtaxes.
I understand that the surtaxes in addition to not being pledged for any new
foreign loan are not to be pledged to, or held to be security for, liabilities already
r 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. Mack ax.
Their Excellencies,
> Lit Hai-hvan 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 Guardian of the Heir Apparent, Vice-President of the Board of
Works;
Imperial Chinese Commissioners for dealing with questions connected with the
Commercial Treaties, to
Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.
Shanghai, September 5th, 1902.
We have the honour to acknowledge the receipt of your communication of to-day’s
date with regard to the allocation of the surtax funds allotted to the Provinces, and to
inform you that the views therein expressed are the same as our own.
We would, however, wish to point out that, were the whole amount of the alloca-
tion due paid over to the Provinces, unnecessary expense would be incurred in the
retransmission by them of such portions thereof as would have to be remitted to
Peking in place of the contributions hitherto payable out of lekin revenue. The
amount, therefore, of the allocation due to the Provinces, arranged between them and
the Board of Revenue, will be retained in the hands of the Maritime Customs, who
will await the instructions of the Provinces in regard to the remittance of such
portion thereof as may be necessary to fulfil their obligations, and (on receipt of
these instructions) will send forward the amount direct. The balance will be held
to the order of the Provinces.
In so far as lekin is pledged to the service of the 1898 loan, a similar method of
procedure will be adopted.
As you request that this correspondence be annexed to the Treaty, we have the
honour to state that we see no objection to this being done.
Annex C
INLAND WATERS STEAM NAVIGATION
Additional Rules
banks1-—British steamship
of waterways owners subjects
from Chinese are at liberty
for atoterm
lease not
warehouses and25jetties
exceeding years,onwith
the
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 thev will not obstruct the
inland waterway or interfere with navigation, and with the sanction of the nearest
Commissioner of Customs ; such sanction, however, shall not be arbitrarily withheld. 1
. 3- onBritish
jetties merchants
the same footing asshallChinese
pay taxes and contributions
proprietors on these warehouses
of similar properties and
in the neigh-
bourhood. Bi'itish 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 to1
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
m any way.
Steam vessels navigating the inland waterways of China shall be responsible
for loss caused to riparian proprietors by damage which they may do to the banks
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 are prohibited from crossing dams and weirs
at present in existence on inland waterways where they are likely to cause injury to
I such works, which would be detrimental to the water service of the local people.
5. —The main object of the British Government in desiring to see the
| waterways of China opened to steam navigation being to afford facilities for the rapid
transport of both foreign and native merchandise, they undertake to offer no impedi-
ment to the transfer to a Chinese company and the Chinese flag of any British
steamer which may now or hereafter be employed on the inland waters of China
should the owner be willing to make the transfer.
In event of a Chinese company registered under Chinese law being formed to run
steamers on the inland waters of China the fact of British subjects holding shares in
such a company shall not entitle the steamers to fly the British flag.
6. —Registered steamers and their tows are forbidden, just as junks have
been forbidden, to carry contraband goods. Infraction of this rule will entail the
penalties prescribed in the Treaties for such an offence, and cancellation of the Inland
Waters Navigation Certificate carried by the vessels, which will be prohibited from
thereafter plying on inland waters.
7. —As it is desirable that the people living inland should be disturbed a
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
I convenient to merchants and only as the owners of steamers may see prospects of
remunerative trade.
In cases where it is intended to run steam vessels on waterways on which such
vessels have not hitherto run, intimation shall be made to the Commissioner of
Customs at the nearest open port who shall report the matter to the Ministers of
Commerce. The latter, in conjunction with the Governor-General or Governor of
the Province, after careful consideration of all the circumstances of the case, shall at
once give their approval.
8. —A registered steamer may ply within the waters of a port, or from on
port or ports to another open port or ports, or from one open port or ports of
places inland, and thence back to such port or ports. She may, on making due
report to the Customs, land or ship passengers or cargo at any recognised places of
trade passed in the course of the voyage; but may not ply between inland places
exclusively except with the consent of the Chinese Government.
9. —Any cargo and passenger boats may be towed by steamers. The he
and crew of any boat towed shall be Chinese. All boats, irrespective of ownership,
must be registered before they can proceed inland.
10. —These Rules are supplementary to the Inland Steam Navigation R
of July and September, 1898. The latter, where untouched by the present Rules,
remain in full force and effect; but the present Rules hold in the case of such of the
former Regulations as the present Rules affect. The present Rules, and the
( Regulations of July and September, 1898, to which they are supplementary, are
I 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,
f: 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)
1.—Entrance and Clearance of Vessels
1. —Within forty-eight hours (exclusive of Sundays and holidays) after the
arrival of a British ship in a Korean port, the master shall deliver to the Korean
Customs authorities the receipt of the British Consul showing that he has deposited
the ship’s papers at the British Consulate, and he shall then make an entry of this
ship by handing in a written paper stating the name of the ship, of the port from
which she comes, of her master, the number, and, if required, the names of her
passengers, her tonnage, and the number of her crew, which paper shall be certified
by the master to be a true statement, and shall be signed by him. He shall, at the
same time, deposit a written manifest of his cargo, setting forth the marks and
numbers of the packages and their contents as they are described in the bills of
lading, with the names of the persons to whom they are consigned. The master shall
certify that this description is correct, and shall sign his name to the same. When
a vessel has been duly entered, the Customs authorities will issue a. permit to open
hatches, which shall be exhibited to the Customs officer on board. Breaking bulk
without having obtained such permission will render the master liable to a fine not
exceeding one hundred Mexican Dollars.
-
If any error is discovered in the manifest, it may be corrected within twenty-
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
within the time fixed by this Eegulation 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 th
(exclusive of Sundays and holidays) and does not open her hatches, also any vessel
driven into port by stress of weather, or only in want of supplies, shall not be required
to enter or pay tonnage dues so long as such vessel does not engage in trade.
o.—When the master of a vessel wishes to clear, he shall hand in to the Customs
authorities.an export manifest containing similar particulars to those given in the
import manifest. The Customs authorities will then issue a clearance certificate and
return the Consul’s receipt for the ship’s papers. These documents must be handed
into the Consulate before the ship’s papers are returned to the master.
6.—Should any ship leave the port without clearing outwards in the manner
above prescribed, the piaster shall be liable to a penalty not exceeding Two Hundred
Mexican Dollars.
British steamers may enter and clear on the same day, and they shall not be
required to hand in a manifest except for such goods as are to be landed or transhipped
at the port of entry.
BEGrU LATIONS FOB BBITISH TBADE WITH KOBEA 17
II.—Landing and Shipping Cargo and Payment of Duties
1. —The importer of any goods who desires to land them shall make and
application to that effect at the Cnstom-house, stating his own name, the name of the
ship in which the goods have been imported, the marks, numbers, and contents of the
packages and their values, and declaring that this statement is correct. The Customs
authorities may demand the production of the invoice of each consignment of
merchandise. If it is not produced, or if its absence is not satisfactorily accounted for
the owner shall be allowed to land his goods on payment of double the Tariff duty,
but the surplus duty sd levied shall be refunded on the production of the invoice.
2. —All goods so entered may be examined by the Customs officers of th
appointed for the purpose. Such examination shall be made without delay or injury
to the merchandise, and the packages shall be at 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 goods p
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, a,t 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 fair red
duty shall be allowed, proportionate to their deterioration. If any disputes arise as
to the amount of such reduction, they shall be settled in the manner pointed out in
the preceding clause.
5. —All goods intended to be exported shall be entered at the Korean
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 those fix
Korean Customs authorities, or between the hours of sunset and sunrise, or on Sundays
or holidays, without the special permission of the Customs authorities, who will be
entitled to reasonable fees for the extra duty thus performed.
7. —Claims by importers or exporters for duties paid in excess, or by the
authorities for duties which have not been fully paid, shall be entertained only when
made within thirty days from the date of payment.
8. —No entry will be required in the case of provisions for the use o
ships, their crews and passengers, nor for the baggage of the latter which may be
landed or shipped at any time after examination by the Customs officers.
9. —Vessels needing repairs may land their cargo for that purpose w
payment of duty. All goods so landed shall remain in charge of the Korean Autho-
rities, and all just charges for storage, labour, and supervision shall be paid by the
master. But if any portion of such cargo be sold, the duties of the Tariff shall be
paid on the portion so disposed of.
18 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 Revenue
1. —The Customs authorities shall have the right to place C
ooard 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 par
cargo is stowed may be secured by the Korean Customs officers between the hours of
sunset and sunrise, and on Sundays and holidays, by affixing seals, locks, or other
fastenings, and if any person shall, without due permission, wilfully open any entrance
that has been so secured, or break any seal, lock, or other fastening that has been
affixed by the Korean Customs officers, not only the person so offending, but the master
of the ship, also, shall be liable to a penalty not exceeding One Hundred Mexican
Dollars.
3 —Any British subject who ships, or attempts to ship, or 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 revenue of Korea shall be liable to a fine not exceeding Two Hundred Mexican
Dollars.
5. —Any violation of any provision of these Regulations, to
specially attached therein, may be punished by a fine not exceeding One Hundred
Mexican Dollars.
Note.—All documents required by these Regulations, and all other communications
addressed to the Korean Customs authorities, may be written in the English language.
[l.s.] Harry S. Parkes.
„ Min Yong-mok.
TREATIES WITH JAPAN
GREAT BRITAIN
TREATY OE COMMERCE AND NAVIGATION BETWEEN
GREAT BRITAIN AND JAPAN
Signed at London, 16th July, 1894
Ratifications Exchanged at Tokyo, 2oth August, 1894
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland,
Empress of India, and His Majesty the Emperor of Japan, being equally desirous
of maintaining the relations of good understanding which happily exist between
them, by extending and increasing the intercourse between their respective States,
and being convinced that this object cannot better be accomplished than by revising
the Treaties hitherto existing between the two countries, have resolved to complete
such a revision, based upon principles of equity and mutual benefit, and, for that
purpose, have named as their Plenipotentiaries, that is to say :—
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland,
Empress of India, the Eight Honourable John, Earl of Kimberley, Knight of the
Most Noble Order of the Garter, etc., etc., Her Britannic Majesty’s Secretary of
State for Foreign Affairs ;
And His Majesty the Emperor of Japan, Viscount Aoki Siuzo, Junii, First Class
of the Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary
and Minister Plenipotentiary at the Court of St. James ;
Who, after having communicated to each other their full powers, found to be
in good and due form, have agreed upon and concluded the following Articles :—
Article I.—The subjects of each of the two high contracting parties shall have
full liberty to enter, travel, or reside in any part of the dominions and possessions
of the other contracting party, and shall enjoy full and perfect protection for their
persons and property.
They shall have free and easy access to the Courts of Justice in pursuit and
defence of their rights; they shall be at liberty equally with native subjects to
3hoose 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 citizen* 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 Eegulations, shall
enjoy the right of private or public exercise of their worship, and also the right of
burying their respective countrymen, according to their religious customs, in such
suitable and convenient places as may be established and maintained for that purpose.
They shall not be compelled, under any pretext whatsoever, to pay any charges
or taxes other or higher than those that are, or may be, paid by native subjects, or
subjects or citizens of most favoured nation.
20 TREATY BETWEEN GREAT BRITAIN AND JAPAN
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 111.—There shall be reciprocal freedom of comnncce and navigation
betweeh the dominions and possessions of the two high'contracting parties.
The subjects ol each of the high contracting parties may trade in any part of
the dominions and possessions of the other by wholesale or retail in all kinds of j
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, i
and rivers in the dominions and possessions of the other which are or may be i
opened to foreign commerce, and shall enjoy, respectively, the same treatment, in j
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 i
the Grovernment, public functionaries, private individuals, corporations, or establish- .
ments of any kind, other or greater than those paid by native subjects, or subjects
or citizens of the most favoured nation, subject always to the Laws, Ordinances, and
Regulations of each country.
Article IY. — The dwellings, manufactories, warehouses, and shops of the
subjects of each of the high contracting parties in the dominions and possessions
of the other, and all premises appertaining thereto destined for purposes of residence
or commerce, shall be respected.
It shall not be allowable to proceed to make a search of, 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, Ordinances,
and Regulations for subjects of the country.
article Y. No other or higher duties shall be imposed on the importation into (
the dominions and possessions of Her Britannic Majesty of any article, the produce
or manufacture of dominions and possessions of His Majesty the Emperor < *f Japan,
from whatever place arriving; and no other or higher duties shall be imposed on the
importation into thy dominions and possessions of His Majesty the Emperor of
Japan of any article, the produce or manufacture of the dominions and possessions
of Her Britannic Majesty, from whatever place arriving than on the like article
produced or manufactured in any other foreign country; nor shall any prohibition
be maintained or imposed on the importation of any article, the produce or
manufacture of the dominions and possessions of either of the high contracting
parties, into the dominions and possessions of the other, from whatever place
arriving, which shall not equally extend to the importation of the like article, being
the produce or manufacture of any other country. This last provision is not applicable
to the sanitary and other prohibitions occasioned by the necessity of protecting the
safety of persons, or of cattle, or of plants useful to agriculture.
Article 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 anv other foreign
--try; nor shallandanypossessions
the dominions' prohibitionofbeeither
imposed
of on
thethetwoexportation
contractingof anv articleto from
parties the
dominions and possessions of the other which shall not equallv extend to the
exportation of the like article to any other country.
Article Y1I. —The subjects of each of the high contracting parties shall enjoy
TREATY BETWEEN GREAT BRITAIN AND JAPAN 21
in the dominions and possessions of the other exemptions from ail transit duties
and a perfect equality of treatment with native subjects in all .that relates to
warehousing, bounties, facilities, and drawbacks.
Article VIII.—All articles which are or may be legally imported into the ports
of the dominions and possessions of His Majesty the Emperor of Japan in Japanese
vessels may likewise be imported into those ports in British vessels, without being
liable to any other or higher duties or charges of whatever denomination than if such
articles were imported in Japanese vessels ; and, reciprocally, all articles which are or
may be legally imported into the ports of the dominions and - possessions of Her
Britannic Majesty in British vessels may likewise be imported into those ports in
Japanese vesssels, without being liable to any other or higher duties or charges of
whatever denomination than if such articles were imported in British ; vessels. Such
reciprocal equality of treatment shall take effect without distinction, whether such
articles come directly from the place of origin or from any other places.
In the same manner there shall be perfect equality of treatment in■ regard to
exportation, so that the same export duties shall be paid and the same bounties and
drawbacks allowed in the dominions and possessions of either of the high contract-
ing parties on the exportation of any article 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 Power.
Article IX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine,
or other similar or corresponding duties of whatever nature or under whatever
denomination, levied in the name or for the profits of the Government, public
functionaries, private individuals, corporations, or establishments of any kind, shall
be imposed in the ports of the dominions and possessions of either country upon the
vessels of the other country which shall not equally and under the same < onditiohs
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 m 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 unloadin'.' 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
whichhigh
the shallcontracting
not be equally granted
parties beingtothat
vessels of therespect
in this other also
country; the intention
the respective vesselsof
shall be treated on the looting of perfect equality.
Article XI.—The coasting trade of both the high contracting parties is
excepted from Ordinances,
to the Laws, the provisionsandof Regulations
the present Treaty,
of Japanandandshallof beGreat
regulated
Britainaccording
respec-
tively. It is, however, understood that Japanese subjects iu 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.
rhe Japanese
as heretofore, for theGovernment, however,
period of the agrees
duration to allow
of the presentBritish vessels
Treaty, to tocarry
continue,
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 slriy 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 j
therein, to procure all necessary supplies, and to put to sea again, without paying 1
any dues other than such as would be payable by national vessels. In case, how- i
ever, the master of a merchant vessel should be under the necessity of disposing of j
a part of his cargo in order to defray the expenses, he shall be bound to conform to i
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 j
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 j
Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest district.
All proceedings relative to the salvage of Japanese vessels wrecked or cast on :
shore in the territorial waters of Her Britannic Majesty shall take place in accordance ,
with the Laws, Ordinances, and Regulations of Great Britain, and, reciprocally, all
measures of salvage relative to British vessels wrecked or cast on shore in the
territorial waters of His Majesty the Emperor of Japan shall take place in accordance
with the Laws, Ordinances, and Regulations of Japan.
Such stranded or wrecked ship or vessel, and all parts thereof, and all furniture,
and| appurtenances belonging thereunto, and all goods and merchandise saved
therefrom, including those which may have been cast into the sea, or the proceeds
thereof, if sold, as well as all papers found on board such stranded or wrecked ship
or vessel, shall be given up to the owners or their agents, when claimed by them.
If such owners or agents are not on the spot, the same shall be delivered to the
respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents upon being
claimed by them within the period fixed by the laws of the country, and such
Consular officers, owners, or agents shall pay only the expenses incux’red 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 ail the
duties of Customs unless cleared for consumption, in which case they shall pay the
ordinary duties.
When a ship or vessel belonging to the subjects of one of the contracting
parties is stranded or wrecked in the territories of the other, the respective Consuls-
General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case
the owner or master, or other agent of the owner, is not present, to lend their official
assistance in order to afford the necessary assistance to the subjects of the respective
States. The same rule shall apply in case the owner, master, or other agent is
present, but requires such assistance to be given.
Article XIII.—All vessels which, according to Japanese law, are to be deemed
Japanese vessels, and all vessels which, according to British law, are to be deemed
British vessels, shall, for the purposes of this Treaty, be deemed Japanese and
British vessels respectively.
Article X!V.—The Consuls-General, Consuls, Vice-Consuls, and Consular Agents
of each of the contracting parties, residing in the dominions and possessions of the
other, shall receive from the local authorities such assistance as can by law be given
to them for the recovery of deserters from the vessels of their respective countries.
It is understood that this stipulation shall not apply to the subjects of the
country where the desertion takes place.
Article XV.—The high contracting parties agree that, in all that concerns
commerce
mg party has and navigation, any privilege,
actually granted, favour, or grant
or may hereafter immunity
to thewhich either contract-
Government, ships,
subjects, or citizens of any other State, shall be extended immediately and uncondi-
lonally1 toeinthe Government, ships, subjects, or citizens of the other contracting
T’ j in. ^all^eir
t>e placed, intention
respects, by thethat
othertheontrade and navigation
the footing of each
of the most country
favoured shall
nation.
TREATY BETWEEN GREAT BRITAIN AND JAPAN
Article XYI.—Each of the high contracting parties may appoint Oonsuls-
General, Consuls, Yice-Consuls, Pro-Consuls, and Consular Agents in all the ports,
cities, and places of the other, except in those where it may not he convenient to
recognize such officers.
This exception, however, shall not be made in regard to one of the contracting
parties without being made likewise in regard to every other Power.
The Consuls-General, Consuls, Yice-Consuls, Pro-Consuls, and Consular Agents
may exercise all functions, and shall enjoy all privileges, exemptions, and immunities
which are or may hereafter be granted to Consular officers of the most favoured nation.
Article XVII.—The subjects of each of the high contracting parties shall
enjoy in the dominions and possessions of the other the same protection as native
subjects in regard to patents, trade marks, and designs, upon fulfilment of the
■formalities prescribed by law.
. * Article XVIII.—Her Britannic Majesty’s Government, so far as they are
concerned, give their consent to the following arrangement:—
The several foreign Settlements in Japan shall be incorporated with the
respective Japanese Communes, and shall thenceforth form part of the general
municipal system of Japan.
The competent Japanese authorities shall thereupon assume all municipal obliga-
tions and duties in respect thereof, and the common funds and property, if any, be-
longing to such Settlements, shall at the same time be transferred to the said Japanese
authorities.
When such incorporation takes place existing leases in perpetuity under which
property is now held in the said Settlements shall be confirmed, and no conditions
whatsoever other than those contained in such existing leases shall be imposed in
respect of such property. It is, however, understood that the Consular authorities
mentioned in the same are in all cases to be replaced by the Japanese authorities.
All lands which may previously have been granted by the Japanese Government
free of rent for the public purposes of the said Settlements shall, subject to the
right of eminent domain, be permanently reserved free of all taxes and charges for
the public purposes for which they were originally set apart.
Article XIX.—The stipulations of the present Treaty shall be applicable, so
far as the laws permit, to all the Colonies and foreign possessions of Her Britannic
Majesty, excepting to those hereinafter named, that is to say, except to—
India. South Australia. Queensland. New South Wales
The Cape. fThe Dominion of Canada. Western Australia. Tasmania.
Victoria. Natal. Newfoundland. New Zealand.
Provided always that the stipulations of the present Treaty shall be made
applicable to any of the above-named Colonies of 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
serious and
Britain,regard difference
Germany
to leasesFrance
of opinion
of the which
held inandperpetuity, other arose between Japan
part regarding
an Arbitration
of the one partof this
the interpretation
Tribunal wasM.appointed.
and
The
Governments
Professor of Germany, Great Britain named as Arbitrator Louis Renault,
Affairs,
and andof Law
Minister Japan in named
the University
Plenipotentiary
of ParisHisand
as ofArbitrator
His Majesty
Legal Adviser
Excellency
the Emperor Itchiro toMotono,
the Department of Foreign
Envoy Extraordinary
M. Gregers Gram, formerly Norwegian Minister of State, ofwasJapan,
chosenat byParis,the Doctor of Law.as
Arbitrators
Umpire.and declared
votes The Tribunal
that: sat“The
at The Hague,ofand
provisions the onTreaties
May 22nd,
and 1905,engagements
other decided by amentioned
majority inof
the Protocols
granted by or ofonArbitration
behalf of theexempt not onlyofthe landbutheldtheyin exempt
virtue ofthetheland
leases inbuildings
perpetuity
every description
taxes, charges, constructed
contributions orGovernment
or conditions
Japan,
which maywhatsoever,
hereafter beother
constructed
than land and
on suchexpressly
those all imposts,inof
fromstipulated
the leases
On inJanuary
question.”31st, Mr. Motono recordedwashissigned
entire indisagreement withthetheStipulations
decision.
this tTreaty applicableto 1906,Dominion
the an agreement
of Canada. Tokyo making
24 TREATY BETWEEN GREAT BRITAIN AND JAPAN
Article XX.—The present Treaty shall, from the date it comes into force, be j
substituted in place of the Conventions respectively of the 23rd day of the 8th I
month of the 7th year of Kayai, corresponding to the 14th day of October, 1854, J
and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to j
the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th s
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 pai'ties; and from the same date such Conventions, Treaty, Arrangements
and Agreements shall cease to be binding, and, in consequence, the jurisdiction j
th6n 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 i
Majesty’s Grovernment 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.
Done at London, in duplicate, this sixteenth day of the seventh month of the !
twenty-sevetith year of Meiji.
[ii,s.] Kimberlev.
., Aoki.
Protocol
The Government of Her Majesty the Queen of Great Britain and Ireland and
Empress of India, and the Government of His Majesty the Emperor of Japan, deeming
it advisable in the interests of both countries to regulate certain special matters of
mutual concern, apart from the Treaty of Commerce and Navigation signed this day,,
have, through, their respective Plenipotentiaries, agreed upon the following stipula-
tions:— 8
If i agreedofbythetheTreaty
of the ratifications contracting partiesand
of Commerce thatNavigation
one monthsigned
after the
this exchange
day, the
Import Tariff hereunto annexed shall, subject to the provisions of Article XXIII. of
the Treaty of 1858,.at present subsisting between the contracting parties, as long
as the said Treaty remains in force and thereafter, subject to the provisions of
Articles Y . and XV. of the Treaty signed this day, he applicable to tbe Articles
therein enumerated, being the growth, produce, or manufacture of the dominions
and possessions of. Her Britannic Majesty, upon importation into Japan. But
nothing contained in this Protocol, or the Tariff hereunto annexed, shall be held to
limit or qualify the right of the Japanese Government to restrict or to prohibit
the importation of adulterated drugs, medicines, food, Or-beverages, indecent or
obscene prints, paintings, books, cards, lithographic or other engravings, photographs,
or any other indecent or obscene articles; articles in violation of patent, trade-mark,
or copy-right laws of Japan, or any other article which for sanitary reasons, or in
view of public security or morals, might offer any danger. ‘
TREATY BETWEEN GREAT BRITAIN AND JAPAN
The ad valorem duties established by the said Tariff shall, so far as may be
deemed practicable, be converted into specific duties by a supplementary Convention,
which shall be concluded between the two Governments within six months from the
date of this Protocol; the medium prices, as shown by the Japanese Customs
Returns during the six calendar months preceding the date of the present Protocol,
with the addition of the cost of insurance and transportation from the place of
purchase, production or fabrication, to the port of discharge, as well as commission,
if any, shall be taken as the basis for such conversion. In the event of the
Supplementary Convention not having come into force at the expiration of the period
for the said Tariff to take effect, ad valorem duties in conformity with the rule
recited at the end of the said Tariff shall, in the meantime, be levied.
In respect of articles not enumerated in the said Tariff, the General Statutorv
Tariff of Japan for the time being in force shall, from the same time, apply, subject,
as aforesaid, to the provisions of Article XXIII. of the Treaty of 1858 and Articles
V. and XV. of the Treaty signed this day, respectively.
Prom the date the Tariffs aforesaid take effect, the Import tariff now in opera-
tion in Japan in respect of goods and merchandise imported into Japan by British
subjects shall cease to be binding.
In all other respects the stipulations of the existing Treaties and Conventions
shall be maintained unconditionally until the time when the Treaty of Commerce
and Navigation signed this day comes into force.
2. —The Japanese Government, pending the opening of the coun
subjects, agrees to extend the existing passport system in such a manner as to allow
British subjects, on the production of a certificate of recommendation from the
British Representative in Tokyo; or from any of Her Majesty’s Consuls at the open
ports in Japan, to obtain upon application passports available for any part of the
country, and for any period not exceeding twelve months, from the Imperial Japanese
Foreign Office in Tokyo, or from the chief authorities in the Prefecture in which an
open port is situated ; it being understood that the existing Rules and Regulations
governing British subjects who visit the interior of the Empire are to be maintained.
3. —The Japanese Government undertakes, before the cessatio
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 t
thinks it necessary at any time to levy an additional duty on the production or
manufacture of refined sugar in Japan, an increased customs duty equivalent in
amount may be levied on British refined sugar when imported into Japan, so long
as such additional excise tax or inland duty continues to be raised.
Provided always that British refined sugar shall in this respect be entitled to
the treatment accorded to refined sugar being the produce or manufacture of the
most favoured nation.
5. —The undersigned Plenipotentiaries have agreed that this Prot
submitted to the two high contracting parties at the same time as the Treaty of
Commerce and Navigation signed this day, and that when the said Treaty is ratified
the agreements contained in the Protocol shall also equally be considered as
approved, without the necessity of a further formal ratification.
It is agreed that this Protocol shall terminate at the same time the said Treaty
ceases to be binding.
In witness whereof the respective Plenipotentiaries have signed the same, and
have affixed thereto the seal of their arms.
Done at London, in duplicate, this sixteenth day of. July, in the year of our
Lord one thousand eight hundred and ninety-four.
[n.s.] Kimberley. -[us.] Ao-kl
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 i
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, j
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 Kate, t
Jusammi, First Class of tbe Order of the Sacred Treasure, His Imperial Majesty’s •
Ambassador Extraordinary and Plenipotentiary at the Court of St. James; and His |
Majesty the King of the United Kingdom of Great Britain and Ireland and of the !
British Dominions beyond the Seas, Emperor of India, the Right Honourable Sir ?
Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His |
Majesty’s Principal Secretary of State for Foreign Affairs; who, after having com- J
municated to each other their respective full powers, found to be in good and due (
form, have agreed upon tbe following Articles:—
Art. I.—The subjects of each of the high contracting parties shall have full
liberty to enter, travel, and reside in the territories of the other, and, conforming
themselves to the laws of the country—
1-—Shall
the same in all
footing that relates
as native to travel and residence be placed in all respects on
subjects.
2*—They shall have the right,
commerce and manufacture, and to trade equally
in allwithkinds
native subjects, to ofcarry
of merchandise on com-
lawful their
merce, either in person or by agents, singly or in partnerships with foreigners or ,
native subjects.
. 3-—They
fessions, shall in all studies
and educational that relates to theinpursuit
be placed of theironindustries,
all respects callings,aspro-
the same footing the
subjects or citizens of the most favoured nation.
4- —They shall be permitted to own or hire and occ
warehouses, shops, and premises which may be necessary for them, and to lease
land for residential, commercial, industrial, and other lawful purposes, in the same
manner as native subjects.
5- every
possess The} description
shall, on condition of reciprocity,
of property, movable or beimmovable,
at full liberty
which totheacquire
laws of and
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 2'?
with the laws of the country, freely to export the proceeds of the sale of their pro-
perty and their goods in general without being subjected as foreigners to other or
higher duties that those to which subjects of the country would be liable under
similar circumstances.
6. —They shall enjoy constant and complete protection and security for
persons and property; shall hare 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, chai’ges, or contributi
any kind whatever other or higher than those which are or may be paid by native
subjects or the subjects or citizens of the most favoured nation.
8. —And they shall enjoy a perfect equality of treatment with native subje
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 make a domiciliary visit to, or a search of, any such
buildings and premises, or to examine or inspect books, papers, or accounts, except
under the conditions and with the forms prescribed by the laws for native subjects.
Art. IV.—Each of the high contracting parties may appoint Consuls-General,
Consuls, Vice-Consuls, and Consular Agents in all ports, cities, and places of the
other, except in those where it may not be convenient to recognise such officers.
This exception, however, shall not be made in regard to one of the high contracting
parties without being made likewise in regard to all other Powers.
Such Consuls-General, Consuls, Vice-Consuls, and Consular Agents, having re-
ceived exequaturs or other sufficient authorisations from the Government of the
country to which they are appointed, shall have the right to exercise their functions,
and to enjoy the privileges, exemptions, and immunities which are or may be granted
to the Consular officers of the most favoured nation. The Government issuing ex-
equaturs or other authorisations has the right in its discretion to cancel the same on
explaining the reasons for which it is thought proper to do so.
Art. V.—In case of the death of a subject of one of the high contracting
parties in the territories of the other, without leaving at the place of his decease any
person entitled by the laws of his country to take charge of and administer the
estate, the competent Consular officer of the State to which the deceased belonged
shall, upon fulfilment of the necessary formalities, be empowered to take custody of
and administer the estate in the manner and under the limitations prescribed by the
law of the country in which the property of the deceased is situated.
The foregoing provision shall also apply in case of a subject of one of the high
contracting parties dying outside the territories of the other, but possessing property
therein, without leaving any person there entitled to take charge of and administer
the estate.
2$ BETWEEN GREAT BRITAIN AND JAPAN
It is understood that in all that concerns the administration of the estates of
deceased persons, any right, privilege, favour, or immunity which either of the high
contracting parties has actually granted, or may hereafter grant, to the Consular i
officers of any other foreign State shall be extended immediately and unconditionally. <
to the Consular officers of the other high contracting party. ,
Art. VI.—There shall be between the territories of the two high contracting
parties reciprocal freedom of commerce and navigation. The subjects of each of the
high contracting parties shall have liberty freely to cofhe with their ships and
cargoes to all places, ports, and rivers in the territories of the other, which are or
may be opened to foreign commerce, and, conforming themselves to the laws of the
country to which they thns come, shall enjoy the same rights, privileges, liberties,
favours, immunities, and exemptions in matters of commerce and navigation as are
or may be enjoyed by native subjects.
Art. VII.—Article.s, the produce or manufacture ol the territories of one high J
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 plac;■ arriving, ,
which shall not equally extend to the importation of the like articles, being the pro-
duce or manufacture of any other foreign,country. This provision is, not applicable
to the sanitary or other prohibitions occasioned by the necessity of securing the
safety of persons, or of cattle, of 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
i nto Japan, be subjected to higher Customs duties than those specified in the Schedule.
The articles, the produce or manufacture of Japan, enumerated, in Part II. of
the Schedule annexed to this. Treaty, shall be free of. duty on importation into the
United Kingdom.
Provided that if at any time after the expiration of one year from the date this
Treaty takes effect either of the high contracting parties desires to make a modi-
fication in the Schedule it may notify its desire to the other high contracting party,
and thereupon negotiations for the purpose shall be entered into forthwith. If the
negotiations are not brought to a satisfactory conclusion,within six months from the
date of notification, the high contracting party which gave the notification may, i
within one month, give six months-’ notice to aborgate the present Article, and on ■
the expiration of such notice the present Article shall cease to have effect, without i
prejudice to the other stipulation of this Treaty.
Art. IX.—Articles,, the produce or manufacture of the territories of one of the',
high contracting parties, exported to the territories of the other, shall not be sub-:
jected on export to other or higher charges than those on the like articles ex-;<
ported to any other foreign country. Nor shall any prohibition or restriction be :;
imposed on the exportation of any article from the territories of either of the two
High Contracting Parties to the territories of the other which shall not equally ;1
extend to the exportation of the like article to any other foreign country. *
Art. X,—Articles, the produce or manufacture of the territories of one of the :
high, contracting parties, passing in transit through the territories of the other, in ;
conformity with the laws of the country, shall be reciprocally free from all transit.
duties, whether they pass direct, or whether during transit they are unloaded, ware-
housed, and reloaded.
TREArl ¥ OF COMMERCE AND NA VIGATION
Art. XI.—No internal duties levied for the benefit of the State, local authorities,
j or corporations which affect; or may affect, the production, manufacture, or cdnsump-
I 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
j manufacture of the territories of the other than on similar articles of native origin.
The produce or manufacture of the territories of either of the high contracting
I parties imported into the territories of the other, and intended for warehousing or
i 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 merchants, manufacturers, and
their commercial travellers, while so making purchases and collecting orders, shall
[ in the matter of taxation and facilities, enjoy the most favoured nation treatment.
! Articles imported as samples for the purposes above-mentioned shall, in each
; country, be temporarily admitted free of duty on compliance with the Customs re-
j 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, howe,ver,
affix a supplementary mark to such samples in special cases where they may think
this precaution necessary.
Art. XIV. —The Chambers of Commerce, as well as such other Trade Association,
and other recognised Commercial Associations in the territories of the high con-
tracting Parties as may be authorised in this behalf, shall be mutually accepted as
.competent authorities for issuing any certificates that may be required for com-
mercial travellers.
Art. XV.—Limited liability and other companies and associations, commercial,,
industrial, and financial, already or hereafter to. be organised in accordance, with the
laws of either high contracting party, are authorised, in the territories of the others
to exercise their right and appear in the Comets either as plaintiffs' or defendants,,
subject to the laws of such other party.
Art. XVI.—Each of the high contracting parties shall permit the importation, or
exportation of all merchandise which may be legally imported or expqrted, and also
the carriage of passengers from or to their respective territories,' upon the vessels of
the other; and such vessels, their cargoes, and passengers, shall enjoy the same
privileges as, and shall not be subjected to, any other or higher duties or charges
than national vessels and their cargoes and passengers.
Art. XVII.—In all that regards the stationing, loading, and unloading of vessels
m the ports, docks, roadsteads, and harbours of the high contracting parties, on
privileges or facilities shall be granted by either party to national vessels which are
BETWEEN GREAT 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 parties is excepted from
the provisions of the present Treaty, and shall be regulated according to the laws of
Japan and the United Kingdom respectively. It is, however, understood that the
subjects and vessels of either high contracting party shall enjoy in this respect
most favoured nation treatment in the territories of the other.
Japanese and British vessels may, nevertheless, proceed from one port to an-
other, either lor 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. -It 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.
vesse
compelled, by stress of weatherl oforeither of the high
by accident, contracting
to take shelter inparties
a portwhich
of themay be
other
shall be at liberty to refit therein, to procure all necessary stores, and to put to sea
again, without paying any dues other than such as would "be payable in the like case
by a national vessel. In case, however, the master of a merchant-vessel should 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 31
If any vessel of one of the high contracting parties should run aground or be
wrecked upon the coasts of the other, such vessel, and all parts thereof, and all
furniture and appurtenances belonging thereunto, and all goods and merchandise
saved therefrom, including any which may have been cast into the sea, or the pro-
ceeds thereof, if sold, as well as all papers found on board such stranded or wrecked
vessel, shall be given up to the owners or their agents when claimed by them. If
there are no such owners or agents on the spot, then the same shall be delivered to
the Japanese or British Consular officer in whose district the wreck or stranding may
have taken place upon being claimed by him within the period fixed by the laws of
the country, and such Consular officer, owners, or agents shall pay only the expenses
incurred in the preservation of the property, together with the salvage or other ex-
penses which would have been payable in the like case of a wreck or stranding of a
national vessel.
The high contracting parties agree, moreover, that merchandise saved shall not
be subjected to the payment of any Customs duty unless cleared for internal con-
sumption.
In the case either of a vessel being driven in by stress of weather, run aground,
or wrecked, the respective Consular officers shall, if the owner or master or other
agent of the owner is not present, or is present and requires it, be authorised to
interpose in order to afford the necessary assistance to their fellow-countrymen.
Art. XXIV.—The high contracting parties agree that in all that concerns com-
merce, navigation, and industry, any favour, privilege, or immunity which either
high contracting party has actually granted, or may hereafter grant, to the ships
subjects, or citizens of any other foreign State shall be extended immediately and
unconditionally to the ships or subjects of the other high contracting party, it
being their intention that the commerce, navigation, and industry of each country
shall be placed in all respects on the footing of the most favoured nation.
Art. XXV.—The stipulations of this Treaty do not apply to tariff concessions
granted by either of the high contracting parties to contiguous States solely to
facilitate frontier traffic within a limited zone on each side of the frontier, or to the
treatment accorded to the produce of the national fisheries of the high contracting
parties or to special tariff favours granted by Japan in regard to fish and other
aquatic products taken in the foreign waters in the vicinity of Japan.
Art. XXVI.—The stipulations of the present Treaty shall not be applicable to any
of His Britannic Majesty’s Dominions, Colonies, Possessions, or Protectorates beyond
the Seas, unless notice of adhesion shall have been given on behalf of any 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 Lave 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. in Japanese Description of Unit of ofRate
Statutory Tariff. Article. Weight. in Duty Ten.
266.—Paint t-:
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 :—
1. Velvets, plushes, and other pile tissues, with piles cut or Uncut:
A. Gray 25.50
B. Other 30.00
7,i 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. In threads or less 15.30
b. 27 20.70
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 ) kins 8.30
5- 27 „ 10.50
c. 35 13.50
d- 43 „ 16.50
e. More than 43 threads „ 18.70
AS. Weighing not more than 20 kilogrammes per 100
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less 6.70'
b. 27 8.30
c. 35 10.50
d. 43 13.50
e. More than 43 threads 14.70
TREATY OF COMMERCE AND NAVIGATION 33
No. in Japanese Description of Unit of ofRate
Statutory Tariff. Article. Weight. in DutyYen.
A4. Weighing not more than 30 kilogrammes per 100 square
metres, and having in a square 5 millimetres side in
warp and woof: i
а. 19 threads or less 6.00
б. 27 „ „ , 6.70
c. 35 „ „ 8.00
d. 43 „ „ ... ... , 10.70
e. More than 34 threads , 13.30
A5. Other 9.30
B. Bleached simply ...The above duties on gray tissues plus 3 yen per 100 kins
'* C. 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:
a. 19 threads or less ... ,, 8.00
b. 27 „ „ ... „ 10.00
c. 35 „ „ „ 14.30
d. 43 „ „ „ 18.00
e. More than 43 threads ,, 20.00
A3. Weighing not more than 20 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 27 threads or less ... ... ... 8.00
b. 35 „ ... ... „ 11.30
c. 43 „ „ „ 15.00
d. More than 43 threads „ 18.80
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
C. Other „ „ „ „ 7 „ „
BETWEEN GREAT BRITAIN AND JAPAN
Ho. in Japauese Description of Unit of »R^;.
Statutory Tariff. Article. Weight.
' 301.—Tissues of wool, and mixed tissues of wool and cotton, of wool and silk, or of
wool, cotton and silk :—
2. Other:
A. Of wool:
b. Weighing not more than 200 grammes per square metre ...100 kins 57
c. „ „ 500 „ „ ... 45
d. Other ... ,, 40
'B. Of wool and cotton :
c. Weighing not more than 500 grammes per square metre ... „ , 30
d. Other ... 18
462.—Iron : —
1. In lamps., ingots, blooms, billets and slabs :
A. Pig iron „ 00.8^
4. Plates and Sheets :
A. Not coated with metals :
A3. Other:
a. Not exceeding 0.7 millimetres in thickness ... „ 0.30
B. Coated with base metals :
PI. Tinned (tinned iron sheets and tinned steel sheets) :
a. Ordinary „ 0.7(1
B'2. Glalvanised (corrugated or not) ~ 1.2<
Part II.
Habutae or pure silk, not dyed or printed.
Handkerchiefs or habutae or pure silk, not dyed or printed.
Copper, unwrought, in ingots and slabs.
Plaiting or straw and other materials.
Camphor and camphor oil. ,
Baskets (including trunks) and basketware of bamboo.
Mats and matting of rush.
Lacquered wares, coated with Japanese lacquer (Urushi).
Rape-seed oil.
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 put of any Pacific question and
involving their said rights, which is not satisfactorily settled by diplomacy and is
likely to affect the harmonious accord now happily subsisting between them, they
shall invite the other high contracting parties to a joint conference to which the
whole subject will be referred for consideration and adjustment.
Article II. —If the said rights are threatened by the aggressive action of any
other Power, the high contracting parties shall communicate with one another
fully and frankly in order to arrive at an understanding as to the most efficient
measures to be jointly or separately taken to meet the particular situation.
Article III.—This Agreement shall remain in force for ten years from the
time it shall take effect, and after the expiration of said period it shall continue to
be in force subject to the right of any of the high contracting parties to terminate
it upon twelve months’ notice.
Article IY.—This Agreement shall be ratified as soon as possible in accord-
ance with the constitutional methods of the high contracting parties and shall
take effect on the deposit of ratifications, which shall take place at Washington,
and thereupon the Agreement between Great Britain and Japan which was con-
cluded at London on July 13th, 1911, shall terminate.
Reservations.—The signing of this Treaty is on the part of the United States
subject to (reservations affecting) the island of Yap and what are termed the
Mandate Islands in the Pacific Ocean, north of the Equator, the negotiations in
regard to which are almost concluded, and also the reservations with respect to
what are termed the Mandate Islands in the Pacific Ocean south of the Equator.
*2
36 WASHINGTON CONFERENCE RESOLUTIONS ; v ,
It should also be observed that the controversies to which the proposed Treaty refers
do not include questions which, according to the principles of international law,
lie exclusively within the domestic jurisdiction of the respective Powers.
In the course of his address, Senator Lodge stated : “To put it in a few words,;
the Treaty provides that the four signatory Powers will agree between themselves;
in regard to their insular possessions and dominions in the region of the Pacific,>
and that if any controversy should arise as to such rights all the high contracting
parties shall be invited to a joint conference looking to the adjustment of such
controversy. They agree to take similar action in the rase of aggression by any
other Power upon these insular possessions or dominions. This Agreement is t;>'
remain in force for ten years, and, after ratification under the constitutional
methods of the high contracting parties, the existing agreement between Great
Britain and Japan, which was concluded at London on July 13, 1911, shall
terminate. Each signer is bound to respect the rights of the others, and before
taking action in any controversy to consult with them. There is no provision for
the use of force to carry out any of the terms of the Agreement, and no military ovl
naval stations lurk anywhere in the background or under cover of these plain and?
direct clauses. The surest way to prevent war is to remove the cause of war.':
This is an attempt to remove the cause of war over a great area of the globe’s)
surface by reliance upon the good faith and honest intentions of the nations which!
signed this Treaty solving all differences through a process of diplomacy and joint]
consideration and conciliation.
TERRITORIAL AND ADMINISTRATIVE INTEGRITY OF CHINA
The Far Eastern Committee of the Conference unanimously adopted a resolu-!
tion declaring in favour of the territorial and administrative integrity of China. 1
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 tiqi
Powers attending the Conference, firstly, to respect the sovereignty, independence;
and territorial and administrative integrity of China; secondly, to provide the fullest,);
unembarrassed opportunity for China to develop and to maintain an effective and
stable Government; thirdly, to use their influence for the purpose of effectively)
establishing and maintaining the principle of equal opportunity for commerce and
industry to all nations throughout Chinese territory; fourthly, to refrain from taking;
advantage of present conditions in order to seek special rights and privileges)
abridging the rights of subjects of friendly States, and also to refrain from!
countenancing any action inimical to the security of such States.”
The Far Eastern Committee passed a resolution, suggested by Sir Auckland!
Geddes, under which the Powers attending the Conference declared their inten-
tion “ not to enter into any treaty, agreement, arrangement, or understanding with:
one another, or individually or collectively with any Power or Powers, which:
infringes or impairs the principles declared “by the resolution adopted by the Com-:
mittee on the 21st ult.” (i.e., Senator Root’s resolution declaring for the territorial
and administrative integrity of China).
WASHINGTON CONFERENCE RESOLUTIONS
FOREIGN POST OFFICES IN CHINA
Representatives of the nine Powers sitting as a Committee on the Pacific and
Far Eastern questions adopted a resolution in favour of the relinquishment of
Foreign 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
treaty, 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.
“ II:—To enable China and the Powers concerned to make the necessary
dispositions this arrangement shall come into force not later than (date blank).
Pending the complete withdrawal of foreign postal agencies the four Powers concerned
severally undertake to afford full facilities to the Chinese Customs authorities to
examine all postal matter (except ordinary letters, whether registered or not, which
upon external examination appear to contain written matter) passing through with a
view to ascertaining whether they contain articles of dutiable contraband or other-
wise contravening the Customs regulations and laws of China.”
EXTRA-TERRITORIAL RIGHTS IN CHINA
A resolution was unanimously adopted by the Far Eastern Committee relative to
the Extra-Territorial Question. It provides that the Powers concerned shall establish
a Commission, to which each shall appoint a member, to enquire into the present
practice of extra-territorial jurisdiction in China, and into the laws, the judicial system
and methods of judicial administration, with a view to reporting findings of fact, with
recommendations regarding the means to improve the existing conditions of adminis-
tration of justice in China and to assist the efforts of the Chinese Government to
effect such legislation and judicial reforms as will warrant the Powers in relinquishing
progressively or otherwise their rights of extra-territoriality.
The Commission shall be constituted within three months after the adjournment
of the Conference, and be instructed to submit its report and recommendations within
a year after the Commission’s first meeting. Each of the Powers shall be deemed free
to accept or reject all or any portion of the recommendations, but in no case are any
of the Powers to make acceptance directly or indirectly dependent on China’s granting
any special concession, favour, benefit, or immunity, whether political or economic.
An additional resolution provides that non-signatory Powers having extra-terri-
torial rights in China may accede to the resolution in regard to extra-territoriality
within three months after the adjournment of the Conference.
A further additional resolution expresses China’s satisfaction with the sympathy
of the Powers in regard to the abolition of extra-territoriality, and declares China’s
intention to appoint a Chinese member of the Extra-Territoriality Commission, it
being understood that China is free to accept or reject any or all of the recommenda-
tions of the Commission. China is prepared to co-operate in the work of the
Commission and in every way to facilitate the successful accomplishment of its task.
3M WASHINGTON CONFERENCE RESOLUTIONS
RADIO STATIONS IN CHINA
A report was submitted by the Sub-Committee on Drafting relating to radio'
stations for China which states that representatives of the nine Powers at the,
Conference decided that all radio stations in China, whether maintained under the-
provisions of the International Protocol of September, 1901, or, in fact maintained
on the grounds of any of the foreign Legations in China, shall be limited in use to
sending and receiving 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.
All radio stations on Chinese territory operated by foreign Governments’ sub- ]
jects under treaties or concessions shall limit the messages sent or received by the I
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 i
be transferred to China to be operated under the direction of the Chinese Ministry of j
Communications, against compensation to the owners for the value of the installation, ]
as soon as the Ministry is prepared, to operate the same effectively for general public ]
benefit. Should any question arise regarding radio stations in leased territories, j
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
stations inarrangement to avoid
China, subject to suchinterference
a general inarrangement
the use of aswavemaylengths by wireless
be made by the’
International Conference convened for revision of the rules established by the
London International Radio Telegraph Convention of 1912.
TEXT OF THE NINE-POWER AGREEMENT
The following is the text of the two treaties regarding China approved
on February 4th, 1922, by the Conference at Washington :—
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
Desiring to adopt a policy designed to stabilize conditions in the Far East,
to safeguard the rights and interests of China, and to promote intercourse between
China and the other Powers upon the basis of equality of opportunity, have
resolved to conclude a Treaty for that purpose and to that end have appointed
as their respective plenipotentiaries (Here follow the names of the plenipoten-
tiaries), who, having communicated to each other their full powers, found to be in
good and due form, have agreed as follows:—
Article I.
The contracting Powers, other than China, agree :
1—To respect the sovereignty, the independence, and the territorial
and administrative integrity of China.
2.—To provide the fullest and most unembarrassed opportunity to China
to develop and maintain for herself an effective and stable Government. '
WASHINGTON CONFERENCE RESOLUTIONS 39
8.—To use their influence for the purpose of effectually establishing and
maintaining the principle of equal opportunity for the commerce and industry
of all nations throughout the territory of China.
4.—To refrain from taking advantage of conditions in China in order to seek
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
contracting Powers, other than China, agree they will not seek nor support
their respective nations in seeking :
(a) Any arrangement which might purport to establish in favour of their
interests any general superiority of rights with respect to commercial or economic
development, in any designated region in China.
(b) Any such monopoly or preference as would deprive the nationals of any
other Power of the right of undertaking any legitimate trade or industry in
China, or of participating with the Chinese Government or with any local authority
in any category of public enterprise, or which by reason of its scope, duration or
geographical extent is calculated to frustrate the practical application of the
principle of equal opportunity.
It is understood that the foregoing stipulations of this article are
not to be so construed as to prohibit the acquisition of such properties or rights as
may be necessary to the conduct of a particular commercial, industrial or financial
undertaking or to the encouragement of invention and research.
China undertakes to be guided by the principles stated in the foregoing
stipulations of this article in dealing with applications for economic rights and
privileges from Governments and nationals of all foreign countries, whether parties
to the present treaty or not.
Article IV.
The contracting Powers agree not to support any agreements by their respective-
nationals with each other designed to create spheres of influence or to provide for.
the enjoyment of mutually exclusive opportunities in designated parts of Chinese
territory.
Article V.
China agrees that throughout the whole of the railways in China she will not
exercise or permit unfair discriminations of any kind. In particular there shall be
no discrimination whatever, direct or indirect, in respect of charges or of facilities
on the ground of the nationality of passengers or the countries from which or to
which they are proceeding, or the origin or ownership of goods or the country from
which or to which they are consigned, or the nationality or ownership of the ship or
other means of conveying such passengers or goods before or after their transport
on the Chinese railways.
The contracting Powers, other than China, assume a corresponding obligation
in respect of any of the aforesaid railways over which they or their nationals are in a
position to exercise any control in virtue of any concession, special agreement or
otherwise.
40 WASEINGTOX 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; and China declares that
when she is a neutral she will observe the obligations of neutrality.
Article VII.
The contracting Powers agree that whenever a situation arises which, in the
opinion of any one of them, involves the application of the stipulations of the present j
treaty, and renders desirable discussion of such application, there shall be full and
frank communication between the contracting Powers concerned.
Article VIII.
Powers not signatory to the present Treaty which have governments recognised
by the signatory Powers and which have treaty relations with China shall be invited
to adhere to the present Treaty. To this end the Government of the United States i
will make the necessary communications to non-signatory Powers and will inform the i
contracting Powers of the replies received. Adherence by any Power shall become
effective on receipt of notice thereof by the Government of the United States.
Article IX.
The present treaty shall be ratified by the contracting Powers in accordance
with their respective constitutional methods, and shall take effect on the date of the'
deposit of all the ratifications, which shall take place at Washington as soon as
possible. The Government of the United States will transmit to the other con-
tracting Powers a certified copy of the proces verbal of the deposit of ratifications.
The present treaty, of which the English and French texts are both authentic, J
shall remain deposited in the archives of the Government of the United States, and i
duly certified copies thereof shall be transmitted by that Government to the other,
contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
Treaty.
Done at the City of , Washington, the sixth day of February, one thousand^
nine hundred and twenty-two.
THE BOARD OF REFERENCE
The following resolution was adopted as a supplement to the general Par j
Eastern Treaty:
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
Desiring to provide a procedure for dealing with questions that may arise in f
connection with the execution of the provisions or Articles III. and V. of the Treaty'
to be signed at Washington on February 6th, 1922, with reference to their general ■
policy, designed to stabilize conditions in the Far East, to safeguard the rights and
interests of China, and to promote interest between China and the other Powers :
upon the basis of equality of opportunity ;
Resolve, That there shall be established in China a Board of Reference to!
which any questions arising in Connection with the execution of the aforesaid articlesr;
may be referred for investigation and report.
The special conference, provided in Article II. of the treaty to be signed at :
Washington on February 6th, 1922, with reference to the Chinese Customs Tariff
shall formulate for the approval of the Powers concerned a detailed plan for the:
constitution of the Board. ;
WASHINGTON CONFERENCE RESOLUTIONS 41,
TREATY ON THE CHINESE TARIFF
The treaty relative to the Chinese Tariff and cognate matters reads:—
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
With a view to increasing the revenues of the Chinese Government have
resolved to conclude a treaty relating to the revision of the Chinese Customs Tariff
and cognate matters, and to that end have appointed as their plenipotentiaries
(Here follows the names of the plenipotentiaries), who, 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
effective as soon as possible, but not earlier than two months after publication
thereof.
Annex
With a view to providing additional revenue to meet the needs of the Chinese
Government, the Powers represented at this Conference, namely, the United States of
America, Belgium, the British Empire, China, France, Italy, Japan, the Netherlands
and Portugal, agree:
That the Customs schedule of duties on imports into China, adopted by the
Tariff Revision Commission at Shanghai on December 19th, 1918, shall forthwith be
revised so that rates of duty shall be equivalent to 5 per cent, effective, as provided
for in the several commercial treaties to which China is a party.
A Revision Commission shall meet at Shanghai at the earliest practicable date
to effect this revision forthwith and on the general lines of the last revision.
This Commission shall be composed of representatives of the Powers above
named and of representatives of any additional Powers, having governments at
present recognized by the Powers represented at this Conference and who have
treaties with China providing for a tariff on imports and exports not to exceed 5
per cent, ad valorem and who desire to participate therein.
The revision shall proceed as rapidly as possible with a view to its completion
within four months from the date of the adoption of this resolution by the Con-
ference on the Limitation of Armaments and Pacific and Far Eastern Questions.
The revised tariff shall become effective as soon as possible, but not earlier than
two months after its publication by the Revision Commission.
The Government of the United States, as convener of the present Conference, is
requested forthwith to communicate the terms of this resolution to the Governments
of Powers not represented at this Conference but who participated in the revision of
1918 aforesaid
Article II.
Immediate steps shall be taken through a special conference to prepare the way
for the speedy abolition of likin and for the fulfilment of the other conditions laid
down in Article VIII of the treaty of September 5th, 1902, between Great Britain and
China; in Article IV. and V. of the treaty of October 8th, 1903, between the United
States and China ; and in Article 1. of the supplementary treaty of October 8th, 1903,
between Japan and China, with a view to levying the surtaxes provided for in these
Articles.
42 WASHINGTON CONI’-BEENOE RESOLUTIONS
The special Conference shall be composed of representatives of the signatory 1
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 VIII., 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 j
designated by the Chinese Government.
ARTicnE III.
The special conference provided for in Article II. shall consider the interim,
provision to be applied prior to the abolition of likin and the fulfilment of the other
conditions laid down in the articles of the treaties mentioned in Article II.; and it
shall authorize the levying of a surtax on dutiable imports as from such date, for
such purposes and subject to such conditions as it may determine.
The surtax shall be at a uniform rate of 2| per centum ad valorem, provided
that in case of certain articles of luxury which, in the opinion of the special Conference, ,
can bear a greater increase without unduly impeding trade, the total surtax may be
ncreased, but may not exceed 5 per centum ad valorem.
Article IV.
Following the immediate revision of the Customs schedule of duties on imports
into China mentioned in Article I., there shall be a further revision thereof, to take
effect at the expiration of four years following the completion of the aforesaid im- «
mediate revision, in order to insure that the Customs duties shall correspond to the
ad valorem rates fixed by the special Conference provided in Article II.
Following this further revision there shall be for the same purpose periodical
revisions of the Customs schedule of duties of imports into China every seven years,
in 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 land and maritime frontiers of
China.
Article VII.
The chaige 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 pTesent
recognised by the signatory Powers and whose present treaties with China provide
for a tariff on imports and exports not to exceed 5 per centum ad valorem, shall be
invited to adhere to the present Treaty.
WASHINGTON CONFERENCE RESOLUTIONS 43
The Government of the United' States undertakes to make the necesskry com-
munications for this purpose and to inform the Governments of the contracting
Powers of the replies received. Adherence h.y any Power shall become effective on
receipt of notice thereof by the Government of the United States.
Article IX.
The provisions of the present Treaty shall override all stipulations of treaties
between China and the i-espective contracting Powers which are inconsistent there-
with, other than stipulations according most-favoured-nation treatment.
Article X.
The present Treaty shall be ratified by the contracting Powers in accord with
their respective constitutional methods and shall take effect on the date of the
deposit of all the ratifications, which shall take place at Washington as soon as
possible. The Government of the United States will transmit to the contracting
Powers a certified copy of the proces verbal of the deposit of ratifications.
The present Treaty, of which the English and French texts are both authentic,
shall remain deposited in the archives of the Government of the United States, and
duly certified copies thereof shall be transmitted by that Government to the other
contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
Treaty.
Done at the City of Washington the sixth day of February, one thousand nine
hundred and twenty-two.
GENERAL REGULATIONS UNDER WHICH BRITISH
TRADE IS TO BE CONDUCTED IN SIAM
Art. f.—The master of any English ship coming to Bangkok to trade must,
either before or after entering the river, as may be found convenient, report the
arrival of his vessel at the Custom-house at Paknam, together with the number of
his crew and guns, and the port from whence he comes. Upon anchoring his vessel
at Paknam, he will deliver into the custody of the Custom-house officers all his guns
and ammunition; and a Custom-house officer will then be appointed to the vessel,
and will proceed in her to Bangkok.
Art. II.—A vessel passing Paknam without discharging her guns and ammuni-
tion as directed in the foregoing regulation will be sent back to Paknam to comply
with its provisions, and will be fined eight hundred ticals for having so disobeyed.
After delivery of her guns and ammunition she will be permitted to return to
Bangkok to tr ade.
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 the 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, a.nd allow the vessel
to leave. A Custom-house officer will accompany the vessel to Paknam; and on
arriving there she will be inspected by the Custom-house officers of that station, and
will receive from them the guns and ammunition previously delivered into their
charge. The above regulations, numbered from 1 to 5, are obligatory under the
Treaty concluded between Great Britain and Siam; those which follow, numbered
from 6 to 14, are equally to be observed by masters of British vessels and their crews.
Art. VI.—Masters of British vessels, when reporting their arrival at Her Majesty’s
Consulate at the port of Bangkok, as directed by the fourth regulation above quoted,
shall notify in writing the names of all passengers and persons not forming part of
the registered crew.
Notice must likewise be given of the number and names of persons, who, as 1
passengers or m any other capacity (seamen borne on the muster-roll excepted), in-
tend Ato tleave Siameain aenBritish vessel.
T :,VIL
are strictly U? “ to’ wear
prohibited
lascars and
> knives
side othersandbelonging to British
other weapons whilevessels in the port j1
on shore.
Art. ym.—Should any seaman or apprentice absent himself without leave, the
master will report his absence, if such exceeds twenty-four hours, at the Consulate !
offices.
Art. IX.—Any British subject who entices a seaman or apprentice to desert, I
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 in the port of Bangkok,
without notice having been previously given, and permission obtained through H.M.
Consul from the proper Siamese authority, is forbidden, under a penalty not exceed-
ing ten pounds.
Art. XII.—It is strictly prohibited to shoot birds within the precincts of the
Wats or Temples, either in Bangkok or elsewhere within the Siamese dominions, or to
injure or damage any of the statues or figures, the trees or shrubs in such localities of
Siamese worship; any British subject or seaman of a British vessel guilty of such an act
renders himself liable to a penalty not exceeding twenty pounds, or in default thereof
to an. imprisonment 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 port clearance, as directed by the fifth regulation above quoted, the
mastey, as in a case of smuggling, subjects himself to a penalty of 800 ticals (equal
to .£100), and goods so taken or discharged will be liable to confiscation.
Art. XY.—Every fine or penalty levied under these regulations is (if not paid
m sterling money) at the rate of eight ticals Siamese currency for one pound.
Tariff of Export and Inland Duties to be levied on Articles of Trade
I.—fhe undermentioned Ai’ticles shall be entirely free from Inland or other
taxes, on production of transit pass, and shall pay Export Duty as follows:—
231 Ivory
Gamboge horns
Tical $altjng
.10 60 Fuang 00 Hun 00 per picul
Rhinoceros’
45 Cardamons, best .50
.14
6 0
0 00 0 .,
Cardamons,
67 Pelicans’
Dried mnssels bastard 6 1 0
0 0
0 00
83 Betel nut,quills
dried 1 0 0
Krachi wood o0
1011 Sharks’
Sharks’ fins,
fins, white
black 630 20
0
00
0 oo0
1213 Peacocks’
Lukkrabantailsseed 10 0 20 00 03 perper100picultails
1415 Buffalo and cow
hidesbones 00 u2 0O
1617 Rhinoceros’
Hide cuttings 0O' „
1819 Turtle
Soft shell
ditto 101 o01 o00 00
Beche-de-mer 3 0 o0 00
212022 Fish
Birds’maws
nests,feathers
Kingfishers’ uncleaned ... 2036 per cent.00 0 per picui
100
2324 CutchBeyche seedseed(~Nux Vomicaj 00 22 00 00 per
2526 Gum Pungtarai 0 2 0 0
AngraiBenjamin
2728 Agilla bark 4 0 000 000
2930 Old wood
Ray deers’horns
skins 203 020 0 0
31 Soft, or young ditto 100 per cent.10
TARIFF OF DUTIES—SIAM
Tical Salting Fuang Hun - 1
3233 Deer hides, fine 83 .0Q 0 0 per KJO hides j
3435 BuffaloDeer hides,
Deer sinews common 41
andbones
cow hides 000 00
373836 Elephants’
Tigers’ bones
Buffalo hornshides 00
1
5 0.1
0
000
3940 Elephants’ 1 per skin
4142 Tigers’
Armadillo
Sticklac
skinskins 4 0 0 1 0 0 per picul
4344 Hemp Dried Fish,
Fish, Plusalit
Plaheng 111 212 00
00
4546 Dried Sapanwood 0 1 02 1
4748 Salt meat bark
Mangrove 023 01 000
4950 Rosewood 2
51 Ebony Rice 41 41 00 0 per koy&n
II.—The undermentioned Articles being subject to the Inland or Transit dutie
herein named, and which shall not be increased, shall be exempt from export duty:—
5253 Sugar, Tical 0 Saltjn 2 Fuang Hun per picul
5455 Paper „ White
Cotton, Red
clean and uncleaned 1001 per cent.01
(<
5657 Salt Beansfish.Prawns
andPlat
Peas 1 twelfth0
one (( > p. 1,000 fish
5859 Dried
Tilseed „„
6061 Silk,
Bees’ raw
wax one „fifteenth
6263 Tawool
Salt 1 002 000 0 per
per koyan
picul
64 Tobacco 16 0Op. 1,000 bdles.
III.—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 Dutv, not exceeding !
the rate now paid.
TREATY BETWEEN GREAT BRITAIN AND SIAM
Signed at Bangkok, March 10th, 1909
Ratifications Exchanged at London, July 9th, 1909
His Majesty the King of the United Kingdom of Great Britain and Ireland and
of the British Dominions beyond the Seas, Emperor of India, and His Majesty the
King of Siam, being desirous of settling various questions which have arisen affect-
ing their respective dominions, have decided to conclude a Treaty, and have appointed
for this purpose as their Plenipotentiaries:
His Majesty the King of Great Britain, Ralph Paget, Esq., his Envoy Extra-
ordinary and Minister Plenipotentiary, etc.; His Majesty the King of Siam. His
Royal Highness Prince Devawongse 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, Treuggauu, Kedah, Perlis, and adjacent islands
The frontiers of these territories are defined by the Boundary Protocol annexed hereto.
TREATY BETWEEN GREAT BRITAIN AND SIAM
Art. II.—The transfer provided for in the preceding Article shall take place
within thirty days after the ratification of this Treaty.
Art. III.—A mixed Commission, composed of Siamese and British officers, shall
be appointed within six months after the date of ratification of this Treaty, and shall
beRha.llcharged with the delimitation
be commenced as soon as orthetheseason
new frontier.
permits, The
and work
shall ofbethecarried
Commission
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 Majesty’s
G-overnment undertake that they shall be at liberty to retain their immovable
property within the territory described in Article I.
It is understood that in accordance with the usual custom where a change of
suzerainty takes place any Concessions within the territories described in Article I.
hereof to individuals or companies, granted by or with the approval of the Siamese
Government, and recognized by them as still in force on the date of the signature of
the Treaty, will be recognized by the Government of His Britannic Majesty.
Art. IV.—His Britannic Majesty’s Government undertake that the Government
of the Federated Malay States shall assume the indebtedness to the Siamese Govern-
ment of the territories described in Article I.
Art. V.—The jurisdiction of the Siamese International Courts, established by
Article VIII. of the Treaty of the 3rd September, 1883, shall, under the conditions
defined in the Jurisdiction Protocol annexed hereto, be extended to all British sub-
jects in Siam registered at the British Consulates before the date of the present Treaty.
This system shall come to an end and the jurisdiction of the International
-Courts shall be transferred to the ordinary Siamese Courts after the promulgation
and the coming into force of the Siamese codes, namely, the Penal Code, the Civil
and Commercial Codes, the Codes of Procedure, and the Law for organization of
iCourts.
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 uuderstood that the limitation in the
Agreement of the 20th September, 1900, by which the taxation of land shall not
exceed that on similar land in Lower Burmah, is hereby removed.
British subjects in Siam shall be exempt from all military service, either in the
army or navy, and from all forced loans or military exactions or contributions.
Art. VII.—The provisions of all Treaties, Agreements, and Conventions, between
Great Britain and Siam, not modified by the present Treaty, remain in full force.
Art. VIII.—The present Treaty shall be ratified within four months from its date.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty and affixed their seals.
Bone at Bangkok, in duplicate, the 10th day of March, in the year 1909.
[Seal] (Signed) Ralph Paget.
„ „ Devawongse Varopraka&.
Annex 1
Boundary Protocol Annexed to the Treaty
The frontiers between the territories of His Majesty the King of Siam and the
territory over which his suzerain rights have by the present Treaty been transferred
to His Majesty the King of Great Britain and Ireland are as follows:—
48 TREATY BETWEEN GREAT BRITAIN AND SIAM
Commencing from the most seaward point of the northern bank of the estuary
of the Perlis River and thence north to the range of hills which is the watershed
between the Perlis River on the one side and the Pujoh River on the other; then
following the watershed fortned 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 1
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 main stream of
the Sungei Golok to the sea at a place called Kuala Tabar.
This line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei
Taujung Mas and the valley on the left or west bank of the Golok to Siam and the
whole valley pi the Perak River and the valley On the right or east bank of the f
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- l
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 A.
to Siam.
With regard to the islands close to the west cOast, those lying to the north of I
the parallel of latitude where the most seaward point of the north bank of the
Pei’lis 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 Siam, and they mutually undertake that,
so far as the boundary effects any alteration of the existing boundaries of any State
or province, no claim for compensation on the ground of any such alteration made
by any State or province so affected shall be entertained or supported by either.
3. It shall be the duty of the Boundary Commission, provided for in Article III
of the Treaty of this date, to determine and eventually mark out the frontier above
described.
If during the operations of delimitation it should appear desirable to depart j
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 j
Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
[Seal] (Signed) Ralph Paget.
” >> Devawongse Yaroprakar.
Annex 2
Protocol concerning the Jurisdiction applicable in the Kingdom of Siam to British \
Subjects and annexed to the Treaty dated March 10, 1909.
nterna, ona
• in^■~^
desirable ^ of^ the
the interests Courts
goodshall be established
administration at such; theplaces
of justice as mavof these
selection seem 1
places shall form the subject of an undersUnding between the British Ministe- at
Bangkok and the Siamese Minister for Foreign Affairs.
JTREATY BETWEEN GREAT BRITAIN AND SIAM 49
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 shall be exercised
in accordance with the provisions of Article VIII. of the Treat v of the 3rd September,
'18S3.
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 cases pending at the time that the said
codes and laws are communicated.
Sec. 4.—In all cases, whether in the International Courts or in the ordinary
: Siamese Courts in which a British subject is defendant or accused, a European legal
adviser shall sit in the Court of First Instance.
In cases in which a British born or naturalized subject not of Asiatic descent
may be a party, a European adviser shall sit as a Judge in the Court of First
Instance, and where such British subject is defendant or accused the opinion of the
adviser shall prevail.
A British subject who is in the position of defendant or accused in any case
arising in the provinces may apply for a change of venue, and should the Court
consider such change desirable the trial shall take place either at Bangkok or before
the Judge in whose Court the case would be tried at Bangkok. Notice of any such
application shall be given to the British Consular officer.
Sec. 5.—Article IX. of the Treaty of the 3rd September, 1883, is repealed.
Appeals against the decisions of the International Courts of First Instance shall
be adjudged by the Siamese Court of Appeal at Bangkok. Notice of all such
appeals shall be communicated to His Britannic Majesty’s Consul, who shall have
the right to give a written opinion upon the case to be annexed to the record.
The judgment on an appeal from either the International Courts or the ordinary
Siamese Courts shall bear the signature of two 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.
See. 8.—In order to prevent difficulties which may arise in future from the
transfer of jurisdiction contemplated by the present Treaty and Protocol, it is agreed:—
(aj 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 actioh arose before or after the da,te of
ratification.
(bj All cases pending in His Britannic Majesty’s Courts in Siam on the date ef
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
His Britannic Majesty’s Courts shall remain in full force for this purpose.
The execution of the judgment rendered in any such pending case shall be carried
out by the International Courts.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1009.
[Seal] (Signed) Ralph Paget.
„ „ Devawoxgse Varoprakak.
50 TREATY BETWEEN GREAT BRITAIN AND SIAM
Annex . 3
Mr. Puget to Prince Devawongse
M. le Ministre, March 10, 1900.
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 Q-overnment are desirous of receiving an assurance that the Siamese i
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- j
ment shall not cede of lease, directly or indirectly, to any foreign Governnient 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, j
the occupation of which would be likely to be prejudicial to British interests from a 1
strategic point of view, shall not be granted to any foreign Government or Company, i
Since this assurance is desired as a matter of political expediency only, the
phrase “coaling station” would not be held to include such small deposits of coal as
may be required for the purposes of the ordinary shipping engaged in the Malay •
Peninsula coasting trade.
Prince Bevmvongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909. )
I have the honour to acknowledge receipt of your note of this date, in which
you express the desire of your Government that the Siamese Government shall not
cede or lease, directly or indirectly, to any foreign Government any territory situated .
in the Malay Peninsula south of the southern boundary of the Monthon Rajaburi
or in any of the islands adjacent to the said territory; also that within the limits J
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 strate eric 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 ordinarv shipping
engaged in the Malay Peninsula coasting trade.
(Signed) Devawongse Varopkakar.
Prince Devawongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, I9t>9. j
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 i
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 l
merits alone, and not as a consideration for which some other return should be expected.
The Siamese Government appreciates that a Treaty like the one signed to-day i
marks an advance in the administration of justice in the kingdom. The conclusioiit (
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
! msoners according to the standard usual for such prisoners in Burmah and the
■ Straits Settlements.
(Signed) Devawongse Varoprakar.
Mr. Paget to Prince Devawongse
M. le Ministre, March 10, 1909.
With reference to the guarantee contained in the first paragraph of Article IV. of
the Jurisdiction Protocol, I have the honour to state that His Majesty’s Government
| will be prepared in due course to consider the question of modification of or release
from this guarantee when it shall no longer be needed. His Majesty’s Government
are also willing that in any negotiations in connection with such a modification or
release the matter shall be treated upon its merits alone, and not as a consideration
j for which some other return shall be expected.
His Majesty’s Government learn with much satisfaction that it is the intention
of the Siamese Government to maintain the high standard in the administration of
justice which it has set before it, and towards which it has been working for some
time ; and I may assure your Royal Highness that it will be the aim of His Majesty’s
Government in every manner to second the efforts of His Siamese Majesty’s Govern-
ment in this direction. •
I wish also to say that the International Courts referred to in Section 1 of the
Protocol on Jurisdiction annexed to the Treaty signed to-day need not necessarily be
Courts specially organized for this purpose. Provincial (“Monthon”) Courts or
District (“ Muang”) Courts may constitute International Courts, according as British
subjects may be established in greater or less number within the jurisdiction of those
Courts. The fact that an ordinary Court is designated as an International Court will
have as a consequence the introduction into that ordinary Court of all the provisions
relating to International Courts secured by the Protocol on Jurisdiction.
(Signed) Ralph Paget.
AGREEMENT BETWEEN THE UNITED KINGDOM AND
SIAM RESPECTING THE RENDITION OE EUGITIYE
CRIMINALS BETWEEN THE STATE OE
NORTH BORNEO AND SIAM
Signed at Bangkok, September 18th, 1918
The Government of His Britannic Majesty and the Government of His Siamese
Majesty, being desirous of regulating the rendition of fugitive criminals between
the State of North Borneo under the protection of His Britannic Majesty and the
territories of His Majesty the King of Siam, hereby agree as follows: —
Art. I.—The provisions of the Extradition Treaty between His Britannic
Majesty and His Majesty the King of Siam, signed at Bangkok on the 4th day of
March, 1911, shall be deemed to apply, so far as local circumstances permit, to the
rendition of fugitive criminals between the territories of His Majesty the King of
Siam and the State of North Borneo.
Art. II.—In pursuance of the provisions of Article 3 of the said Extradition Treaty
there shall reciprocally be no obligation on the part of the State of North Borneo to
surrender to Siam any person who is a subject of that State or a British subject.
Done in duplicate at Bangkok, the 18th day of September, in the year 1913 of
Christ, and in the year 2456 of Buddha.
[l.s.] Arthur Peel.
„ Devawongse Varoprak'Ar.
GREAT BRITAIN AND FRANCE
DECLARATION SIGNED BY GREAT BRITAIN AND
FRANCE RESPECTING SPHERES OF INFLUENCE
Signed at London, 15th January, 1896
The undersigned, duly authorised by their respective Governments, have signed *
the following Declaration :—
I. —The Governments of Great Britain and France engag
neither of them will, without the consent of the other, in any case, or under any i
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 i
Tapan to Muong Pase, the basins of the rivers on which those two places are !
situated, and the basins of the other rivers, the estuaries of which are included in
that coast; and including also the territory lying to the north of the basin of the
Menam and situated between the Anglo-Siamese frontier, the Mekong River, and |
the Eastern watershed of the Me Ing. They further engage not to acquire within 1
this region any special privilege or advantage which shall not be enjoyed in common J
by, or equally open to, Great Britain and France and their nationals and dependents, j
These stipulations, however, shall not be interpreted as derogating from the special
clauses which, in virtue of the Treaty concluded on Oct. 3, 1893, between France
and Siam, apply to a zone of 25 kilom. on the right bank of the Mekong and to the
navigation of that river. *.
II. —Nothing in the foregoing clause shall hinder
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. —From the mouth of the Nam Huok northw
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 I
and dependents of each of the two countries shall not exercise anv jurisdiction or 1
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 j
the British shore by a branch of the river, shall, so long as they are thus separated,'
be entrusted to the French authorities. The fishery shall be open to the:
inhabitants of both banks.
IV. —The two Governments agree that all commer
advantages conceded in the two Chinese provinces of Yunnan and Szechuen either !
to Great Britain or France, in virtue of their respective Conventions with China;
of March 1, 1894, and June 20, 1895, and all privileges and advantages of anv
nature which may in the future be conceded in these two Chinese provinces, either
to Great Britain or France, shall, as far as rests with them, be extended and I
rendered
en a e common to both Powers and to their nationals and dependents, and they
this_£ purpose.
g to use their influence and good offices with the Chinese Government for i
TREATY PORTS, PORTS OF CALL, AND PLACES OPEN
TO FOREIGN TRADE IN THE FAR EAST
[Note.—E.O. signifies “ effectively opened.”].
I.—CHINA
(a) 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, 1903, E.O. July 1, 1904).
Chefoo (Yentai or Tangchow) (Tientsin, 1858, E.O. 1861). a
Chinan (Imperial Decree, 1904, E.O. January 20, 1906).
Ching-wang-tao (Imperial Decree, 1898).
Chinkiang (Tientsin, 1858, E.O. 1861).
Choutsun (Imperial Decree, 1904, E.O. January 20, 1906).
Chungking (Additional Article, Peking, 1890; Shimonoseki, 1895).
Dairen (Dalny) (by Japan, E.U. September,!, 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). b
Harbin (Japanese Treaty, 1905, E.O. January 14, 1907).
Hun Chun (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).
Ichang (Chefoo, 1876, E.O. 1877).
Kiao-chau.
Kirin (Japanese Treaty, 1905, E.O. January 14, 1907).
Kiukiang (Tientsin, 1858, E.O. 1861). b
Kiungchow (or Hoihow-in-Hainan) (Tientsin, 1858).
Kong Kung Market (Special Article, 1897, modifying Burmah Convention,1894).
Kongmoon (Shanghai Treaty, 1902).
Kowloon, port of entry for Canton.
Kuang-chouwan (leased to Prance).
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. 1861). c
Ningpo (Nanking, 1842).
Ninguta (Sino-Japanese Treaty, 1905; actually opened, June 28, 1907).
Pakhoi (or Pei-hai) (Chefoo, 1876, E.O. 1877).
Samshui (Special Article, 1897, modifying Burmah Convention, 1894).
a& Hankow
Tangchowandis Kiukiang
the port named
were in the Treaty,
selected, byunderbut Chefoowith
arrangement is thetheportChinese
actuallyGovernment,
opened. in
November, 1860, as ports to be
Yingkow is the port of Newchwang. opened Article X. of the Treaty of Tientsin.
64 . ; ; FOREIGN TRADE THE EAR EAtiT,.
Sanhsing (Sioo-Japanese Treaty, 1905 : actually opened, June 28, 1907).
Santuao (or Funini?) (Imperial Decree, 1898).
Shanghai (Nanking, 1842).
Shashi (Shimonoeeki, 1895).
Sinminting (Japanese Treaty, 1905, E.O. October 10, 1906).
Soochow (Shimonoseki, 1895).
Swatow (or Chao-Chow) Tientsin, 1858, E.O. 1860). a
Szemao (French Additional Convention, 1895).
Ta-tung-kou ( Japanese Treaty, 1908).
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 Burmah Convention, 1894).
Wuhu (Chefoo, 1876, E.O. 1877).
Wusung (Imperial Decree, 1898).
Fochow (Imperial Decree, 1898).
Ports of call:—
(1) On the Yaug-tsze, for passengers and cargo—
Ho-kou (Chefoo Convention, 1876).
Luchikoti (Chefoo Convention, 1876).
Nganking (Anking) (Chet'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 carg >—
Do-Sing c d (by Shanghai Treaty, 1902 }.
Komchuk (Burmah Convention/1897).
Lo-ting-hau (by Shanghai Treaty. 1902).
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
Kan Kong (Shanghai Treaty, 1902). c d
Kulow (Shanghai Treaty, 1902). d
Luk Pu (Shanghai Treaty, 1902). c d
Luk To (Shanghai Treaty, 1902). c d
Mah-ning (Shanghai Treaty, 1902). c d
Wing-on (Shanghai Treaty, 1902). d
Yuet Sing (Shanghai Treaty, 1902). c d
Yungki (Shanghai Treaty, 1902). c d
ab Not
Ohao-Ghow is the portwith
to be confounded namedIchang,
in thetheTreaty.
Treaty port,
tr c in
' ot His Majesty
Pf s Consul-General
*® January,
prior to1903, by the Viceroy
ratification of Treatyof Canton, at the suggestion
d Canton
by Customs notification of March 1, 1904. by telegram that all had been declared open
Consulate reported, June 20, 1904,
FOREIGN TRADE IN THE FAR EAST 55
II—COREA
Treaty ports:—
Chemulpo (opeued 1880 under Japanese Treaty, 1876).
Chinnampo (opened October 1, 1897).
Chungchin (opened April 1, 1908».
Pusan (Japanese Treaty, 1876).
Kansan (May 1, 1899).
Masampo (May 1, 1899).
Mokpo (October 1, 1897).
Seoul (Hanyang) (British Treaty, 1888).
Songchin (May 1, 1899).
Wonsan (or Gensan) (opened 1880 under Japanese Convention, 1879).
Ping-yang (held to be open by Agreement among foreign Representatives
at Seoul, November, 1899).
Yang-wha-chin (opened 1883 under Japanese.Convention, 1882).
Yongampo (date of opening not yet fixed).
Wiju (date of opening not yet fixed).
N.B.—At Yongampo and Wiju the Customs opened offices in July, 1906, and
foreign steamers call there without objection on the part of the authorities.
HI—SIAM
Article IV. of the Treaty of April 18, 1855, stipulates that:—
“British subjects are permitted to trade freely in all the seaports of Siam, but
may reside permanently only at Bangkok or within the limits assigned by this
Treaty."
g At the port
1st December, 1907:— of Awomori the following additional goods may be imported from the
Tinplates, iron tubes, solder.
h At the port
the exception of Muroran
of those prohibitedall byarticles
Articlemay10 beof the
imported
Customs alterTariff
the Law.
1st 'December, 1907, with,
i At the port of Wakamatsu the following goods may be imported:—
Freshunhulled
Rice, eggs. rice, barley, wheat, oats, Indian corn .and beans.
Iron ore.
Pig iron.
Manure.
And from the 1st December, 1907
Coke, manganese ore, ferro-manganese, and spiegleiseii.
j At the Port of Suminoye only the export of commodities is permitted.
k Opening notified by Decree of Formosan Government, dated August, 1890.
I The1907,
1st’July, Portbyof Decree
Kakokoof(orFormosan
Hokkokei), opened with
Government, datedtheMay,
others1907.
in 1899, was closed from the
the port in the Pescadores, is the local Chinese name of the port in the
m The name in brackets in this case, as in the case of each of ports of Formosa and of
question.
THE FOREIGN JURISDICTION ACT. 1800
53 and 54 Victoria, Chapter 37
An Act to Consolidate the Foreign Jurisdiction Acts
'4tli August,, 1890]
Whereas by treaty, capitulation grant, usage, sufferance, and other
lawful means, Her Majesty the Queen lias jurisdiction within divers 1
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 the same, as follows :
Exercise of 1.—It is and shall lie lawful for Her Majesty the Queen to hold, '
!oreignCteountry. exercise,
at any timeand hereafter
enjoy anyhavejurisdiction
within a winch
foreignHer Majesty
country nowsame
in the has orandmayas i
ample a manner as if Her Majesty had acquired that jurisdiction by the i
cession or conquest of territory.
Exercise ol 1 2.—Where a foreign country is not subject to any government from 1
^British' s ubjects
incountries 1 recited Her
by thisMajesty
Act, HertheMajesty
Queen might
shall byobtain
virtuejurisdiction
of this Actinhave the jurisdic-
manner '
governments!* tiingon 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.
Validity of acts 3.—Every act and thing done in pursuance of any jurisdiction of Her
anc*
tion. of jurisdic- according
Majesty intoatheforeign 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
diction j°uris- Majesty’s dominions or held under the authority of Her Majesty, any
eonn ryin foreien question arises as to the existence or extent of any jurisdiction of Her
' Majesty in a foreign
of the Court, send tocountry, a Secretary
the Court within aofreasonable
State shall,time on the application
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 I
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,)
Rm’sehlVnie. ^describedthinks in thefit, First
by Order to direct
Schedule to thisthatAct,alloror ananyy enactments
of the enactmentsi:
for the ;
time being in force amending or substituted for the same, shall extend,]
with or without any exceptions, adaptations, or modifications in the'
Order mentioned, to any foreign country in which for the time being
Her Majesty has jurisdiction.
FOREIGN JURISDICTION ACT, 1890 57
(2.) Thereupon those enactments shall, to the extent of that
jurisdiction, operate as if that country were a British possession, and as
if Her Majesty in Council were the Legislature of that possession.
6. —(1) Where a person is charged with an offence cognizable by Powe
a British court in a foreign country, any person having authority derived w1th0offencMKfor
from Her Majesty in that behalf may, by warrant, cause the person so trial0,,e9,,on
to a Bntisb
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 as is authorised in that behalf by Order in Council, or, if no
court is so authorised, the supreme criminal court of that possession may
cause him to be kept in safe and proper custody, and so soon as con-
veniently may be may inquire of, try, and determine 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 the
trial in the British possession :
(h) In such case the British court in the foreign country shall
proceed in the examination and cross-examination of the witness
as though he bad been tendered at a trial before that court, and
shall cause the evidence so taken to be reduced into writing,
and shall transmit to the criminal court of the British possession
by which the person charged is to be tried a copy of the evidence,
certified as correct under the seal of the court before which the
evidence was taken, or the signature of a judge of that court:
(c) Thereupon the court of the British possession before which the
trial takes place shall allow so much of the evidence so taken as
would hafe been admissible according to the law and practice
of that court, had the witness been produced and examined at
the trial, to be read and received as legal evidence at the trial:
(d) The court of the British possession shall admit and give effect
to the law by which the alleged offender would have been tried
by the British court in the foreign country in which his offence
is alleged to have been committed, as far as that law relates to
the criminality of 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 respects from the law in force in that
British possession.
(2) Nothing in this section shall alter or repeal any law, statute, or
usage by virtue of which any offence committed out of Her Majesty’s
•dominions may, irrespectively of this Act, be inquired of, tried, determined
and punished within Her Majesty’s dominions, or any part thereof.
7. Where an offender Convicted before a British court in a foreign rrtmsiouP as to
country has been sentenced by that court to suffer death, penal servitude, er°o^9
imprisonment, or any other punishment, the sentence shall be carried ^a'wcUcT”01’8
into effect in such place as may be directed by Order in Council or be
determined in accordance with directions given by Order in Council, and
the conviction and sentence shall be of the same force in the place in
which the sentence is so carried into effect as if the conviction had been
made and the sentence passed by a competent court in that place.
FOREIGN JURISDICTION ACT, 1890
validity
done of acts British courtof inanya Order
8. Where,
under Order deportation by foreigninfrom
Councilismade
country in pursuance
authorised orderofthe
thisremoval
Act, anyor
m .ennoi. person that country, that toremoval or deportation,
and any detention for the purposes thereof, according to the provisions
of the Order in Council, shall he as lawful as if the order of the,
court were to have effect wholly within that
9. It shall he lawful for Her Majesty the Queen tin Council, hy
, Order, to assign to or confer on any court in any
held under the authority of Her Majesty, any jurisdiction, civil or
Aot original or appellate, which may lawfully by Order in Council be
to or Conferred on any British court in any foreign country, and to
make such provisions and regulations as to Her Majesty in Council seem
meet respecting the exercise of the jurisdiction so assigned or conferred,,
and respecting the enforcement and execution of the judgments, decrees,
orders, and sentences of any such court, and respecting appeals therefrom.
10. It shall he lawful for Her Majesty the Queen in Council to revoke-
or vary any Order in Council made in pursuance of this Act.
11. Every Order in Council made in pursuance of this Act shall be-
laid before both Houses of Parliament forthwith after it is made, if
Parliament be then in session, and if not, forthwith after the commence*]
ment of the then next session of Parliament, and shall have effect as if itj
were enacted in this Act,
12.—(1) If any Order in Council made in pursuance of this Act as
respects 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*1
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 suchi
Act of Parliament, order, or regulation as aforesaid,
13. (1) An action, suit, prosecution, or proceeding against any
person for any act done in pursuance or execution or intended
execution of this Act, or of any enactment repealed by this Act, or of any
Order in Council made under this Act, or of any such jurisdiction of Her
Majesty as is mentioned in this Act, or in respect of any alleged negleci
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 of
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, in case
of a continuance of injury, or damage, within six months next
after the ceasing thereof.
FOREIGN JURISDICTION ACT, 1890 59
(2)—In any such action, suit, or proceeding, tender of amends before
the same was commenced may be pleaded in lieu of or in addition to any
other plea. If the action, suit, or proceeding was commenced after such
tender, or is proceeded with after payment into court of any money in
satisfaction of the plaintiffs claim, and the plaintiff does not recover
more than the sum tendered or paid, he shall not recover any costs
incurred after such tender or payment, and the defendant shall be entitled
to costs, to be taxed as between solicitor and client, as from the time of
such tender or payment; but this provision shall not affect costs on any
injunction in the action, suit, or proceeding.
14. —It shall be lawful for Her Majesty the Queen in Council to j
make any law that may seem meet for the government of Her Majesty’s
subjects being in any vessel at a distance of not more than one hundred ” ^ eraa8®’-
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 Act i
extends to persons enjoying Her Majesty’s protection, that expression ™ynncM e ctspfrndil
c “'
shall include all subjects of the several Princes and States in India. '
16. —In this Act,—
The expression “foreign country ” means anv country or place out Deflmt,on,>
of Her Majesty’s dominions: ‘ ‘
The expression “British court in a foreign country” means any
British court having jurisdiction out of Her Majesty’s dominions
in pursuance of an Order in Council whether made under any
Act or otherwise:
The expression “jurisdiction includes power.
17. —The Acts mentioned in the Second Schedule to this Act may
be revoked or varied by Her Majesty by Order in Council. sLoud'Sohednie.
18. —The Acts mentioned in the Third Schedule to this Act are R
! hereby repealed to the extent in the third column of that schedule
mentioned:
J
Provided that,—
(1) Any Order in Council, commission, or instructions made or
issued in pursuance of any enactment repealed by this Act, shall,
if in force at the passing of this Act, continue in force, until
altered or revoked by Her Majesty as if made in pursuance of
this Act ; and shall, for the purposes of this Act, be deemed
to have been made or issued under and in pursuance of this
Act ; and
(2) Any enactment, Order in Council, or document referring to any
enactment repealed by this Act shall be construed to refer to
the corresponding enactment of this Act.
19. —(1) This Act may be .cited as the Foreign Jurisdiction Act. sh
1890.
(2) The Acts whereof the short titles are given in the First Schedule
to this Act may be cited by the respective short titles given in that,
schedule.
60 FOREIGN JURISDICTION ACT, 1890
SCHEDULES
FIRST SCHEDULE (Sections 5 and 19)
1 Enactments which ]
and Chapter. ! MAT BE EXTENDED
by COUNCIB-
Order in j
12 & 13 Viet. c. 96. Ansecution
Act to provide for thein Pro-
Majesty’s and Trial
Colonies Her The whole Act. Admiralty
oftheOffences 1849.
Offences
(Colonial) Act,
committed within juris-
14 & 15 Viet c. 99. Andiction
Act toof amend
the Admiralty.
the law of Sectionseleven. seven and Evidence Act, 1851,
17 & 18 Viet. c. 104. Theevidence.
1854. Merchant Shipping Act, Part X.
19&20 Viet. c. 113. Anevidence
Act to provide
Dominions Her forMajesty’s
inin relation taking The whole Act. ; Foreign
to civil Evidence
1856.
Tribunals
Act,
and
ing commercial
before Foreignmatters pend-
tribunals.
An Act to provide for taking The whole Act. Evidence by Gom-
evidence
ings in Suits andTribunals
Proceed- mis-ion Act, 1859.
Herpending
inin places before
Majesty’s Dominions,
outtribunals.
of the jurisdic-
22 A 23 Viet. c. 63. tion
Anthe oftosuchafford
Actmore Facilities for The whole Act. ( British Law Ascer-
ment of the certain
Law Ascertain-
administered tainment Act,
inDominions,
one Part ofwhen Herpleaded
Majesty’sin 1859.
the Courts of another Part
thereof.
i & 24 Viet. e. Antures
ActoftoHerenable the Legisla- The whole Act. Admiralty
sions Abroad Majesty’s
to make Posses-
Enact- fColonial)Offences
1860. 1
mentsofsimilar
ment the Act toninth,
the George
Enact-
the Fourth, chapter thirty-
24 & 25 Viet. e. 11. Anone,
the Actsection
to eight.
afford
betterof Foreign facilities forof The whole Act. I Foreign Law Ascer-i
Ascertainment
the Law Countries tainment
1861. Act,
when
in Her pleaded
Majesty’s in Courts
Dominions.with-
30124.& 31 Viet. e. The1867.Merchant Shipping Act, Section eleven,
87 & 38 Viet. c. 94. TheAct, Conveyancing (Scotland) j Section fifty-one.
44 & 45 Viet. c. 69. 1874. Offenders
The1881.Fugitive Act, The whole Act.
48 A 49 Viet. c. 74. TheAct,Evidence
1885. by Commission j The whole Act.
,
FOREIGN JURISDICTION ACT, 1890 61
SECOND SCHEDULE (Section 17)
Acts which may he revoked or varied hy Order in Council
Session and Chapter. 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- j
26 & 27 Viet. c. 35. An Act for thecommitted
ofsubjects
offences preventionbyandHerpunishment
Majesty’s | The whole Act
in South Africa.
THIRD SCHEDULE (Section 18)
Enactments repealed
Session and Chapter. Title or Short Title. ' Extent of Repeal.
' 2620 && 217 Viet.
Viet. c.c. 9475 An
TheActForeign Jurisdiction
to confirm an OrderofAct,injurisdiction
1843. con- J The whole Act.
Council
cerning
matters the exercise
arising within the kingdom inof j The whole Act.
28 & 29 Viet. c. 116 TheSiam. Foreign Jurisdiction Act Amendment | The whole Act.
29 & 30 Viet. c. 87 Act,
TheAct, 1865.Jurisdiction
Foreign Act Amendment i The whole Act.
33 k 34 Viet. c. 55 1866.
Thediction
Siam and Straits
3839 && 3940 Viet.
Viet. c.c. 4685 The Foreign 1870. Act, 1875. Juris- |j The whole Act.
Settlements
Act,Jurisdiction
An offences
Act for against
more effectually relating punishingto j
41 & 42 Viet. c. 67 ThetheForeign trade. the laws
slave Jurisdiction Act, 1878, The whole Act.
ORDEBS IN COUNCIL
ORDER Oi’ HIS MAJESTY THE KING IN COUNCIL
FOR THE GOVERNMENT OF HIS MAJESTY'S
SUBJECTS IN CHINA AND COREA
Ai? the Court at Buckingham Palace, the 24th day of October, ISw
Present:—
THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL. ,
Lord President. Lord Windsor.
Mr. Secretary Brodrick. Mr. A. Graham Murray.
Whereas by Treaty, grant, usage, sufferance, and other lawful means
His Majesty the King has j urisdiction within the dominions of the Empero
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 Hil
Majesty vested, is pleased by and with the advice of his Privy Council t<
order, and it is hereby ordered, as follows:—
I.—Preliminary and General.
Division oi
Order. 1. This Order is divided into parts, as follows :—
i Articles.
I. Preliminary and General
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 I
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.
2. The limits of this Order are the dominions of the Emperor b
China and of the Emperor of Corea, including the territorial waters 0
those dominions respectively; but, except as provided in this Order, tk
said limits do not include places within the limits of the WeihaiwS
Order in Council, 1901.
H.B.M. SUBJECTS IN CHINA AND COREA
3. In the construction of this Order the following words and expres- riointerpret*,
sions have the meanings hereby assigned to them, unless there be some- '1-
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 j or (V) 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.
r ‘ 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 pf 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.
“ Tire Court,” except when the reference is to a particular Court,
means any Court established under this Order, subject, however,
to the provisions of this Order with respect to,powers and local
jurisdictions.
“ Foreigner ” means a subject or citizen of a State in amity with
His Majesty, including China and Corea.
“Judge,” except where the context intends a reference to the Judge
of the Supreme Court only, includes Assistant Judge, and,
except where the context intends a reference in the Supreme
Court only, includes the officer for the time being holding a
Provincial Court.
‘ Legal practitioner ” includes barrister-at-law, advocate, solicitor,
Writer to the Signet, and any person possessing similar
qualifications.
‘ Lunatic” means idiot or person of unsound mind.
“ Master,” with respect to any ship, includes every person (except a
pilot) having command or charge of that ship.
‘ Minister” means His Majesty’s Minister in China or in Corea, as
the case may be, and includes Charge d’Affaires or other chief
Diplomatic Representative.
64 OR DEES IN COUNCIL
“Month” means calendar month.
“ Oath ” and “ affidavit,” in the case of persons for the time being
allowed by law to affirm or declare, instead of swearing, includei
affirmation and declaration, and the expression.' “ swear,” in thei
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 Oovern-j
ment, whether the G-overnment 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.
Construction may 4.be—construed
Rules of (1) In this Order, words importing the plural of the singular
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 thaj
duty shall be performed from time to time as occasion requires.
(3) Where this Order confers a power, of imposes a duty on, of
with respect to, a holder of an office, as such, then, unless a contrarj
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, varv, or amend
the rules, regulations, or orders.
(5) This Article shall apply to the construction of any rules, regular
tions, or orders made under this Order, unless a coiftrarv intention appears;
5. The jurisdiction conferred by this Order extends to the persons
Extent of and matters
Jurisdiction. following, in s6 far as by Treaty, grant, usage, sufferance, of
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 COEEA
(3) Foreigners in the cases and according to the conditions specified
in this Order and not otherwise.
4) Foreigners, with respect to whom any States King,' Chief, or
Government, whose subjects, or under whose protection they are,
has by any Treaty as herein defined or otherwise agreed with
His Majesty for, or consents to, the exercise of power or
authority by His Majesty.
(5) British ships with their boats, and the persons and property on
board thereof, or belonging thereto, being within the limits of
this Order.
6. All His Majesty’s jurisdiction exercisable in China or Corea for Exercise of
the hearing and determination of criminal or civil matters, or for the •Tun8dict,0a-
maintenance of order, or for the control of administration of persons or
property, or in relation thereto, shall be exercised under and according to
the orovisions of this Order , and not Otherwise.
II.—Constitution and Po,webs of Copers..
(i) 'Supreme C6urt.'
i 7.—(1) There shall " be a Court styled M His Britannic Majesty’s Constitution
^ Supreme Court for China a»d)Corea” (in this Order referred to as the of Supreme
: Supreme Court, and comprised in the term “ the Court
! it (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
j the Bar of England, Scotland, or Ireland, of not less than seven years’
J standing.
(3) The Judges, or any two of them, shall sit together for the pur-
a soses described in this Orderj and the Supreme Court so constituted is
^ aereinafter in this Order referred to as the “ Full Court.”
•rt (4) When the Full Court consists of not more than two Judges, and
i there is a difference of opinion, the opinion ofthe Judge, dr, in his absence,
>ij the Senior Assistant Judge, shall prevail.
!n' (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.
i ■ (6) If the Chief Justice in office at the passing of this Order becomes
4joftheChiefJudgeJustice
of theduring-
Su premehis Court
tenureunder this Order, he shall retain the title
of office.
8. During a vacancy in the office of Judge, or in case of the illness or
;j incapacity ofthe 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
•j Judge, but unless or until such appointment is made, the Assistant Judge
Jor 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.
rg' 9. During a vacancy or temporary vacancy in the office of Assistant Acting Assist-
js Assistant
Judge, or Judge,
in case the
of the absence,
Judge may, byor writing
illness, under
or other incapacity
bis hand and theofseal
an
lof the Supreme Court, appoint any fit person, approved by the Secretary
I 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,
j;•; pleasure,
as the casebymay
the be; hutbyevery
Judge, suchunder
writing appointment
his handshall
and betherevocable,
seal of theat
Supreme Court, or by the Secretary of State.
3
66 ORDEKS IN COUNCIL
The person so appointed shall, during the continuance of his appoint-
ment, have all the power and authority of an Assistant Judge.
Additional
Assistant provided 10. The Secretary of State may appoint either a person qualified as-
in Article 7, or a Consular officer to act as an additional Assis-.
tant Judge, and any person so appointed shall, during the continuance of
his appointment, have all the power and authority of an Assistant Judge!
Seal of
Supreme 11. The Supreme Court shall have a seal, bearing the style of the
Court and such device as the Secretary of State approves, but the seal in
use at the commencement of this Order shall continue to be used until aj
new seal is provided.
Officers
Supremeof Crown12.Advocate, a Registrar, a Chief —(1) There sh
Clerk, a Marshal, and such othei
officers and clerks under such designations as the Secretary of Staff
thinks fit. \
(2) The Secretary of State, or His Majesty’s Minister in China oi
Corea, as the case may be, may temporarily attach to the Supreme Coun
such persons, being Consular officers, as he thinks fit.
(3) Every officer, clerk, and other person thus attached shall disl
charge such duties in connection with the Court as the Judge may direct]
subject to any instructions of the Secretary of State.
13. The Sheriff shall have all the powers and authorities of th«
Sheriff of a county in England, with all the privileges and immunities o’
the office, and shall be charged with the execution of all decrees, order!
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 Cour
may direct.
Registrar. 14. The Registrar shall be appointed by His Majesty.
He shall be either a member of the Bar of England, Scotland, q
Ireland, or a Solicitor of the Supreme Court in England or Ireland, or ■
Writer to His Majesty’s Signet, or a Solicitor in the Supreme Courts c
Scotland.
He may also, with the approval of the Secretary of State, hold th
office of Chief Clerk of the Supreme Court.
In case of the absence from Shanghai or of the illness of the Regilj ?
trar, or during a vacamcy in the office of Registrar, or during the emploJJ ■
ment of the Registrar in another capacity, or on emergency, the Judge ma$
by writing under his hand and the seal of the Supreme Court, appoii§
any fit person to act as Registrar for the time therein mentioned, or untjij
the appointment is revoked by the Judge or disapproved or revoked n
the Secretary of State.
Tenure
Judges of
and office15.during
The Judge, each Assistant Judge, and the Registrar shall hoi
Registrar. the pleasure of His Majesty.
Revocation of 16. In case at any time His Majesty thinks fit by warrant under h f
Appointments. Royal sign manual to revoke the warrant appointing any person to ] '
Judge, Assistant Judge, or Registrar, or while there is a Judge, A ssista: s ■
Judge, or Registrar in office, thinks fit by warrant under his Royal sifit
manual to appoint another person to "be Judge, Assistant Judge, t '
Registrar (as the case may be), then, and in every such case, until tfi •
warrant of revocation or of new appointment is notified by His Majesty
Minister in China to the person holding office, all powers and authoriti;
vested in that person shall continue and be deemed to have continued,! f •
as full force—and he shall continue, and be deemed to have continue t
entitled to all the privileges and emoluments of the office as fully, and j I
things done by him shall be and be deemed to have been as valid in law! 9 •'!
as if such warrant of revocation or new appointment had not be d
made.
H.B.M. SUBJECTS IN CHINA AND COKE A 67
17. The Supreme Court shall ordinarily sit at Shanghai; but may, Sittings of
if it seems expedient, sit at any other place within the limits of this Supreme
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, withConstitution the exception o
those at Shanghai and with such other exceptions (if any) as the Secre- of Provincial
tary of State thinks fit to make, shall for and in his Consular district
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
maybe, appoints any person to be Acting Consul-General, Consul,: or
Vice-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 ” (of 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 perforin
such duties and to exercise such powers in and for that Court as are by
this Order and any Rules of Court imposed of 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
Supreme of
jurisdiction by this Order conferred expressly on a Provincial Court, Court 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 Jurisdiction
Provincial of
Order vested exclusively in the Supreme Court, shall to the extent and in Courts.
the manner provided by this Order be vested in the Provincial Courts.
23. The Supreme Court shall have in all matters, civil and criminal, Concurrent of
an original jurisdiction, concurrent with the jurisdiction of the several Jurisdiction
Provincial Courts, to be exercised subject and according to the provisions Supreme
of this Order.
24. —(1) The Registrar of the Supreme Court shall,furisdiotion subjectof to an
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) The Registrar shall also have authority to hear and determine
such civil actions as may be assigned to him by the Judge, but actions
OEDERS IN COUNCIL
which under this Order are required or directed to be heard with a fury r
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 1
this Order with respect to appeal and reserved case in criminal matters !’
and to appeal in civil matters shall apply accordingly.
25. —(1) Where any
vincial Court, appears to that Court to be beyond its jurisdiction, or to 11;i
be one which for any other reason ought to be tried in the Suprenle ;
Court, the Provincial Court shall report the case to the Supreme Court i 5‘
for directions.
(2) The Supreme Court may of its own motion, or upon the report P?
of a Provincial Court, or on the application of any party concerned, | ?'
require any case, civil or criminal, pending in any Provincial Court to r
be transferred to, or tried in, the Supreme Court, or may direct in what 1 ^1
Court and in what mode, subject to the provisions of this Order, any r
such case shall be tried.
26. The Supreme Court and every Provincial Court shall be ;
Has. auxiliary to one another in all particulars relative to the administration j
of justice, civil or criminal.
27. Every Judge and Officer of Courts established under this Order«| f s
shall, as far as there is proper opportunity, promote reconciliation and i :
encourage and facilitate the settlement in an amicable way and without f
recourse to litigation of matters in difference between British subjects, j
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: —
(а) In the case of the Supreme Court, by the Court itself, or by the 1'
Court with a jury, or with assessors.
(б) In the case of a Provincial Court by the Court itself, or by the'
Court with assessors.
29. Any of His Majesty’s Courts in China or Corea may cause any
summons, order, or judgment issuing from the Supreme Court of Bong- ‘1
SL. kong,
under intheanysealcivil proceeding,
of that Court, toandbeaccompanied by ora request
served in China Corea. in writing!
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 i
exercise, except with the consent of the Minister signified in writing to1
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 thd :
attendance of the Minister, or of any person attached to or being a mem-; i :
ber of the Legation, or being in the service of the Legation, to giv^!
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 Hisf '
Operatioi i of Majesty’s service.
31. Where, by virtue of any Imperial Act, or of this Order, or otheri ^
Imperial
Aots, to.. wise,-any previsions of any Imperial Acts, or of any law of a British! ■
J
H.B.M. SUBJECTS IN CHINA AND COEEA
possession, or of any Orders in (Council other than this Order, are applic-
able inChina or Corea, or any forms, regulations,, or procedure prescribed
or established by or under any such Act, Law or Order, are ujade 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 haring regard to local circumstances,
and anything required to be done by, to, or before any Court, Judge, oflicer,
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 proceeding in any
Gazette or otherwise, such publication shall in China or Corea be made
in such newspaper or by such other mode as the Court shall think fit
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-—pot 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 competept to serve, that ia
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, of'in
actual employment in the service of any Departmelit connected
! therewith;
!" Pei-'sons holding appointments in the civil, naval, dr military service
of China or Corea ;
Clergymen and other ministers of religion in the actual discharge
of professional duties ;
Legal practitioners in actual practice ;! in actual practice;
r( Physicians, surgeons, and apothecaries
j -' Persons who are over 60’ years- of age or are disabled by mental or
rtf’ (3) Abodily jury infirmity.
shall consist of such number of jurors, not more than
twelve nor less than five, as may be determined in, accordance with Rules
°frespect
Court;to the
andseveral
in such Rules
places different
at; which provisionsCourt
the Supreme may may
be made with
sit, regard
' being had to the number of available jurors and any other considerations
Vas in. W Cijil and this
England—with in criminal casesthatthe inlikecivil
addition, challenges shallparty
cases each be allowed
may
challenge three jurors peremptorily.
70 ORDERS IN COUNCIL
(5) A jury shall be required to give an unanimous verdict; provided
that, with the consent of parties, the verdict of a majority may be taken! ■
in civil cases.
Assessors. 33. —(1) An Asse
subject, of good repute, nominated and summoned by the Court for the j'.
purpose of acting as Assessor.
(2) In the Supreme Court there may be one, two, or three Assessors,; i
as the Court thinks fit.
(3) In a Provincial Court there shall ordinarily be not fewer than i.
two, and not more than four, Assessors. Where, however, by reason ofi
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 (.J
of an Assessor, the Court may, if it thinks fit, sit without an Assessor— ■
the Court in every case, recording in the Minutes its reasons for sitting h
with one Assessor only or without an Assessor. |'
(4) An Assessor shall not have any voice in the decision of the Court1
in any case, civil or criminal; but an Assessor dissenting, in a civil case, l
from any'decision of the Court, or, in a criminal ease, from any decision! [
of the Court or the conviction or the amount of punishment awarded^ J
may record in the Minutes his dissent, and the grounds thereof, and shalj j.!
be entitled to receive without payment a certified copy of the Minutes.
34. —(1) Any per
to a summons shall be deemed guilty of a contempt of Court, and shall *
be liable to a fine not exceeding <£10, but a person shall not be liable tc ^
fine for noti-attendance unless he is resident in the Consular district k j','
which the Court sits.
(2) Any such fine shall not be levied until after the expiration oi i.
fourteen days. The proper officer of the Court shall forthwith give t<
the person fined notice in writing of the imposition of the fine, anti
require him within six days after receipt of the notice to file an affidavi
excusing non-attendance (if he desire to do so). The Court shall con. r|
sider the affidavit, and may, if it seems proper, remit or reduce the fine, j
III.—Criminal Matters.
Application of 35. —(1) Except
of England. orlations
any other Order relating to China or Corea, or by any Rules or Regn ^
made under any Order;
Any act that would not by a Court of Justice having crimina 5h
jurisdiction in England be deemed an offence in England, shall
not, in the exercise of criminal jurisdiction under this Order, bji
deemed an offence, or be the subject of any criminal proceedinj! i
under this Order.
(2) Subject to the provisions of this Order, criminal jurisdictioj
under this Order shall, as far as circumstances admit, be exercised oi
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 q
the Peace in England, according to their respective jurisdiction anj 1
authority. .
Local Jurisdiction in Criminal Matters.
36. Every Court may cause to be summoned or arrested, and brough
before it, any person subject to and being within the limits of its juris
diction, and accused of having committed an offence cognizable unde '
this Order, and may deal with the accused according to the jurisdictioj
of the Court and in conformity with the provisions of this Order. }t
H.B.M. SUBJECTS IN CHINA AND COREA 71
Place ofor
37. For the purposes of criminal jurisdiction every offence and cause offence!
of complaint committed or arising within the limits of this Order shall purposes of
be deemed to have been committed or to have arisen, either in the place
where the same actually was committed or arose, or in any place where
the person charged or complained of happens to be at the time of the
institution or commencement of the charge or complaint.
38. Where a person accused of an offence escapes or removes from Escape and
the Consular district within which the offence was committed, and is 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-
1 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
‘1 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.
II 39.—(1) In cases of murder or manslaughter if either the death, or offences, A-umiraltyfie.
5 the criminal act which wholly or partly caused the death, happened
within the jurisdiction of a Court acting under this Order, that Court
i shall have the like jurisdiction over any British subject who is accused
j either as the principal offender, or as accessory before the fact to murder,
i or as accessory after the fact to murder or manslaughter, as if both the
i criminal act and the death had happened within that jurisdiction.
* (2) In the case of any offence committed on the high seas, or with-
>i 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,
I shall, subject to the provisions of this Order, have jurisdiction as if the
[offence had been committed within the jurisdiction of that Court. In
leases tried under this Article no different sentence can be, passed from
j 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.
j. The Admiralty Offences (Colonial) Act, 1860.
’ The Merchant Shipping Act, 1894, Part. XIII.
•j A-nd those enactments shall apply accordingly and be administered in
] 3hina and Corea.
Apprehension and Custody of A caused Persons.
40.—(1) Where a person accused of an offence is arrested on a Bringing
‘5! warrant issuing out of any Court, he shall be brought before the Court accused before
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.
.'L (2) In every case, he shall be brought before the Court as soon as
[Circumstances reasonably admit, and the time and circumstances shall be
recorded
( in the Minutes.
41.—(1)at any
■einanded Where
timeanforaccused personseven
more than is indays,
custody,
unlesshecircumstances
shall not be Remand,
T2 ORDERS IN GOONCID
appear to the Court to make it necessary or proper that he should b
remanded for a longer time, which circumstances, and the lime of re
mand,(2)shallIn nobe recorded
case shallinathe Minutes.
remand be for more than fourteen days si
one time, uriless In': case of illness of the accused or other case o
necessity.
Detention
ship erf mons42.* Where the'
or warrant Supreme
against Courtonorcomplaint
any person a Provincial
of anCourt
offenceissues a sum
committe
on board of, or ih relation to, a British ship, then, if it appears to t'h
Court that the interests of public justice so require, the Court may issuj
a warrant or order’for itlie detention of the! ship, and may cause tk
ship to be detained accordingly, until the charge ds heard and deter
mined, and the order of the Court thereon is fully executed, or for sue
shorter time' as the Court thinks fit; and the 'OOurt shall have power f
make all such orders as appears tb it Uece&sar s" ' or proper for carry in
this provision into effect.
UxAsatioo of j> - 43. Every Provinciab Court shall execute any writ, order, or warrari
supkenL
Oourt. issuing from theforSupreme
named therein Court, and
his appearance may take
personally security
or by fromaccording
attorney, any perso<
the writ, order, or warrant; or may cause such person to be taken i
custodyor otherwise to the Supreme'Court or elsewhere in China <
Corea, according to the writ, order, or warrant. < i
44.—-(1) The Court may,-in its discretion, admit'fo bail person
accused of any of: the following offences, namely
Any felonv .
• Riot. ‘
■ Assault on'any Officer in 'the jexecution Of dvis duty,1 or -on attj
: i ; 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 f
bail except by the Supreme' Court.
(2) In all other cases the Court ■ shall admit the accused to ha
unless the Court, having regard to the circumstances; sees good reasoi
to the contrary, which reason shall be recoriled in the Minutes. ‘<1
(3) ' The Sup
Provincial Court has not thought fit to do so.
(4) The accused who is to be admitted to bail, either on remand r
on or after trial ordered, shall produce such surety or sureties as, in t]
opinion of the Court, will be sufficient to insure his appearance as a,; b:
when required, and shall with him or them enter into a recogni/aty
accordingly.
Trial with Jury or Assessors.
Trial with jury mU8t45.—(1)
or Msesaors. Where
be tried on the offence
a charge before charged is treason
the Supreme or murder
Court with a jury.the c^b
(2) In each of the two following cases, namely :—
(i) Where the offence charged is rape, arson,'housebreaking, r^j
bery with violence, piracy, forgery, of perjury; or
• (ii) Where the offence charged is any other than as aforesaid, b
it appears to the Court at any time before the trial, the opint t
Of the Court being recorded in the Mitiutes, that the offei \
charged, if proved, would not be adequately punished by f
prisonment for three months with bard labour, or by a fine' i
=820, or both such imprisonment and fine—
The offence shall he tried on a charge with a jury or assess1!*
(according to the provisions of this Ordef applicable to thie Court) ; I
mav, with the Consent of the accused, be tried without assessors or juu
H.B.M. SUBJECTS IN CIJINA AND COEEA 7«'
s In the Supreme Court, when the accused does not so,consent, the charge
«shall he tried with a jury, unless the,Court is ,pf . opinion that a jury
cannot he obtained.
i) (3) The Supreme Court may, for any special reason, direct that any
lease shall be tried with assessors or a. jury, and a Provincial Court may,
Ifor any special reaspn, direct that any case shall.be, tried with assessors.
jin each such case.the special reason shall be recorded in the Minutes:
ij ,, 46.—(1) Where an accused person is ordered tp be tried before a speedy trial.
t Court with a jury or with assessors, he shall be tried as soon after the
i! making of the order as circumstances reasonably admit. }
li . (2) As long notice,of .the time of trial as circumstances reasonably,
i admit shall be given to him in writing, under the seal of the Court,
i which notice, and the time thereof, shall he recorded in the Minutes.
] 47.—(1) The Supreme Court shall, when required by the Secretary, Roport 0{
it of State, send to him a report of the sentence of the Court in any case sentences,
tried before that Court with a jury or assessors, with a copy of the
Minutes and notes of evidence, and with any observations which the
« Court thinks fit to make.
I . (2) Every Provincial Court shall, in accordance with Rules of Court,
i] send to the Supreme Court a report of the sentence of the Court in
t every case tried by the Court with assessors, with such Minutes, notes
J of evidence, and other documents as such Rules may direct, and with
? any observations which the Court thinks fit to make.
Summary Trial.
j. 48. Where the complaint discloses an offence, which is not,required summary
i or directed to be heard on a charge, the, accused may be tried summarily ferial-
: on the complaint: Provided that where an offence is tried summarily
J no greater punishment shall be awarded than imprisonment for three
f, months or a fine p£ .£20, or both.
Preliminary Examination.
j 49.—(1) Where the accused is before the, Cpurt, and it appears to Preliminary
the Court that the complaint discloses an offence—
J ij (a) Which ought to be tried in or reported to another Court; or
L .(it). Which ought to be tried before the sa,me Cpurt with a jury or
assessors;
t the Court shall proceed to make a. preliminary examination in the
0 prescribed manner.
(2) On the conclusion of the preliminary examination, the Court
i,shall bind by recognizance the prosecutor and every witness to. appear
i1 at the trial to prosecute, or to prosecute.,aud give, .evidence, or to give
evidence (as the case may be), and if the case is to be tried in or reported
jS to another Court, shall forthwith send the depositions, with a minute of
I other evidence (if any) and a report, to the Court before which the, trial
is to take place.
A 50. Where a British subject is. accused of an offence the cognizance Trial before
whereof appertains to any Court established under this Order, aud it is y°'-^tI“.eHlE
|j expedient that the offence be inquired of, fried, determined, and punished Dominions.
i in a British possession, the accused may (under the Foreign Jurisdiction
H5 Act, 1890, Section
the Supreme Court of6) Hongkong
be sent forand trialtheto Hongkong or to atBurma
Sessions Court ; and
Mandalay
shall respectively be the authorized. Courts for the purposes of that
enactment.
if| handThe of aCourt
Judgemay,
and where
the sealit ofappears so expedient,
the Court, cause thebyaccused
warranttounder the
be sent
(j for trial to Hongkong or to Mandalay accordingly.
I'll OEDERS IN COUNCIL
The warrant shall be sufficient authority to any person to whom it
is directed to receive and detain the person therein named, and to carry
him to and deliver him up at Hongkong or Mandalay, according to the';
warrant.
Where any person is to be so sent to Hongkong or to Burma, thel
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! i
witnesses as are British subjects in their own recognizances to appear
and give evidence on the ti’ial.
Refusal
enter to
into 51. —(1) If a Brit
recognizance. towitness at a preliminary examination, refuses to enter into a recognizance
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 alse 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 1
in its discretion dismiss the charge.
52. Subject to Rules of Court made under this Order, the Courts; i
may order payment of allowances in respect of their reasonable expenses
to any complainant or witness attending before the Court on the trial of
any criminal case by a jury or with assessors, and also to jurors, asses- it
sors, interpreters, medical practitioners, or other persons employed in orf :
in connection with criminal Cases. \:
Charges.
53. —(1) The char
state the offence charged, with such particulars as to the time and place &
of the alleged offence, and the person (if any) against whom or the thing Cu
(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. 'f t-
(2) The fact that a charge is made is equivalent to a statement tha' lh
every legal condition required by law to constitute the offence charger
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 offend
was committed as will give such sufficient notice.
(4) For the purposes of the application of any Statute law, a chargi i
framed under the provisions of this Order shall be deemed to be af i
indictment.
54. For every distinct offence of which any person is accused theri t
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 sami
kind committed within the space of twelve months from thi
first to the last of such offences, he may be charged with, an|
tried at one trial for any number of them not exceeding three
(5) If in one series of acts so connected together as to form tn .
same transaction more offences than one are committed by th) ;.
same person, he may be charged with and tried at one trial fo!
every such offence.
(c) If the acts alleged constitute an offence falling within two oj
more definitions or descriptions of offences in anv lawor laws
H.B.M. SUBJECTS IN CHINA AND COEEA 76
the accused may be charged with and tried at one trial for
each of such offences.
. . (cl) 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 he punished with more severe punish-
ment than the Court which tries him could award for any one
of those offences.
r| (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
j 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.
Trial
i 55. When more persons than one are accused of the same offence or oo-defendants.
j if different offences committed in the same transaction, or when one is
i 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.
j 56.—(1) Any Court, if sitting with a jury or assessors, may alter charges. Alteration of
s. any charge at any time before the verdict of the jury is returned or the
r ipinions ot the assessors are expressed; if sitting without jury or asses-
sors, at any time before judgment is pronounced.
(2) Every such alteration shall be read and explained to the accused.
| (3) If the altered charge is such that proceeding with the trial
it immediately is likely, in the opinion of the Court, to prejudice the
i accused or the prosecutor, the Court may either direct a new trial or
•I idjourn the trial for such period as may be necessary.
,| 57.—(1) No error or omission in stating either the offence or the Errors and
i particulars shall be regarded at any stage of the case as material, unless variances.
: the accused was misled by such error or omission.
)| (2) When the facts alleged in certain particulars are proved and
Constitute an offence, a,nd the remaining particulars are not proved, the
•, moused may be convicted of the offence constituted by the facts proved,
j] although not charged with it.
j , (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
■i be offence charged, he may be convicted of the minor offence or of the
: attempt.
: 58.—(1) If the accused has been previously convicted of any offence, Charge
previousof
■fi 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,
land place of the previous conviction shall be stated in the charge,
j (2) If such statement is omitted, the Court may add it at any time
j before sentence is passed.
ji (3) The part of the charge stating the previous convictions shall
j not be read out in Court, nor shall the accused be asked whether he, has
(been previously convicted, as alleged in th§ charge, unless and until he
tl has either pleaded guilty to, or been convicted of, the subsequent
4 offence.
' (4) If he pleads guilty to, or is convicted of, the subsequent offence,
ij he shall then be asked whether he has been previously convicted a
j alleged in the charge.
78 ORDERS IN COUNCIL
(5) If he answers that he has been so previously convicted, the
Court may proceed to pass sentence on him accordingly, but, if he denies
that he has been so previously convicted, or refuses to, or does not,
answer such question, the Court shall then inquire concerning such
previous conviction, and in SUch ease (where the trial is by jury) it shall
not be necessary to swear the jurors again.
Punish'inents.
Limitation 59. The powers of the Courts with respect to punishments are 6
SZrt”0' limited as follows:—
(1) The Supreme Court may award in respect of an offence any i
punishment which may in respect of a similar offence be awarded 1
in England: provided that (a) imprisonment with hard labour \
shall be substituted for penal servitude, and (b) the Supreme tj#
Court shall not award a fine exceeding ,£500; or, in case of a1•
continuing offence, in addition to imprisonment or fine, or both, V
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* ?s
£100, without imprisonment; or in case of a continuing offence, | <
in addition to imprisonment or fine, br 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 anyj
Court to award for any offence any punishment not authorized
by law in relation to that offence.
against th 60. —(1) If any per
not distinguished as a grave offence against this Order, he is liable* '
(1) To a fine not exceeding £5, without any imprisonment; or k
(ii) To imprisonment not exceeding one month, without fine; or / 1
(iii) To imprisonment not exceeding fourteen days, with a fine not1 »
exceeding 50s. - .ft
(2) Imprisonment under this Article is without hard labour.
61. —(1) If any per
distinguished as a grave offence against this Order, he is liable:— I
(1) To a fine not exceeding £10, without imprisonment; or
(ii) To imprisonment not exceeding two months, without fine; or i !
(iii) To imprisonment not exceeding one month, with a fine not]
exceeding £5. tc
(2) Imprisonment under this Article is, in the discretion of the!
Court, with or without hard labour.
62. —(1) The Court
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 of
in lieu of a fine, and shall be recoverable in like manner as a fine. 1
(3) Payment of such damages shall be a defence to an action foij (i
the assault.
63. (1) The Court may, if it thinks fit, order a person convicto^
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 fe
in the order.
(2) Where it appears to the Court that the charge is malicious, ot
frivolous and vexatious, the Court mav, if it thinks fit, order thfi ’
H.E.M. SUBJECTS IN CHINA AND COEEA
complainant to pay ail or part of the expenses of the prosecution, the
amount being specified in the order.
(3) In these respective cases the Court may, if it thinks fit, order
that the whole or such portion as the Court thinks fit of the expenses
so paid be paid over to the complainant or to the accused (as the case
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 0i
the punishment of death, the Judge shall forthwith send a report of the
sentence, with a copy of the Minutes of Proceedings and notes of evidence
in the case, and with any observations he thinks fit, to His Majesty’s
Minister in China or Corea as the case may be.
The sentence shall not be carried into execution without the direction
of His Majesty’s Minister in writing under his hand.
If His Majesty’s Minister does not direct that the sentence of death
be carried into execution, he shall direct what punishment in lieu of the
punishment of death is to be inflicted on the person convicted, and the
person convicted shall be liable to be so punished accordingly.
65. —(1) The Judge of the Supreme Court may by general order,
approved by the Secretary of State, prescribe the manner in which and p
the prisons in China or Corea at which punishments passed by any Court
or otherwise awarded under this Order are to be carried into execution.
(2) The warrant of any Court shall be sufficient authority to any
person to whom it is directed to receive and detain the person therein
named in any prison so prescribed.
(3) For the purposes of this Article “ China ” includes places within
the limits of the Weihaiwei Order in Council, 1901.
66. —(1) Where an offender is sentenced to imprisonment, and the
Supreme Court thinks it expedient that the sentence be carried into effect $
within His Majesty’s dominions, and the offender is accordingly, under i>
Section 7 of the Foreign Jurisdiction Act, 1890, sent for imprisonment to
a place in. His Majesty’s dominions, the place shall be either Hongkong,
or a place in some other part of His Majesty’s dominions, the Govern-
ment whereof consents that offenders may be sent thither under this Article.
(2) The Supreme Court may, by warrant under the hand of a Judge
and the seal of the Court, cause the offender to be sent to Hongkong, or
other such place as aforesaid, in order that the sentence may be there
carried into effect accordingly.
(3) The warrant shall be sufficient authority to any person to whom
it is directed
carry him totoand
receive andhim
deliver detain
up atthetheperson thereinaccording
place named, named, and
to theto
warrant.
67. —(1) A Judge of the Supreme Court may, if he thinks fit,
j report to the Secretary of State or to the Minister in China or in Corea, p'
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
j pardon.
Inquests.
68. —(1) The Court shall have and discharge ail the powers and
duties appertaining to the office of Coroner in England, in relation to
deaths of British subjects happening in the district of the Court.
(2) The Court may also exercise the said powers in relation to
deaths of any persons having happened at sea on board British ships
78 ORDERS IN COUNCIL
arriving in the district, and to deaths of British subjects having hap-
pened at sea on board foreign ships so arriving.
(3) The jurisdiction of the Court under this Article shall be
exercised subject to the following provisions :—
(a) Where a British subject is charged with causing the death, the ,
Court may, without holding an inquest, proceed forthwith with
the preliminary examination.
(b) Where a British subject is not charged with causing the death,
the Court shall, without any jury, hold an inquest, taking the .
depositions of those who know the facts. If, during or after ‘
the inquest, a British subject is so charged, the depositions
shall be read over in the presence of the witnesses and of the
accused, who shall be entitled to cross-examine each witness, :
and the procedure shall be as in other cases of preliminary
examination. If after the inquest the Court <3oes not see fit to 1
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 1
if the Supreme Court.
Statutory or other Offences
Patents and
trade-marks. , 69. Any act which, if done in the United Kingdom, pr in a British
possession, would be an offence against any of the following Statutes 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 ;
published in the public office of the Consulates at Shanghai ,
and Seoul, and shall be there open for inspection by any person :
at all reasonaole times; and a person shall not be punished,
under this Article for anything done before the expiration of I
one month after such publication, unless the person offending j
is proved to have had express notice of the Statute or Order in '
Council.
(2) That a prosecution by or on behalf of a prosecutor who is not a \
British subject shall not be entertained unless the Court is \
satisfied that effectual provision exists for the punishment in f:
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
Smuggling. of, British subjects.
70.—(1) If a British subject—
(i) Smuggles, or attempts 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 79
(ii) Imports or exports, or attempts to import or export, into or out
of China or Corea, any goods, intending and attempting to
evade payment of duty payable thereon to the Chinese or
Corean Government;
(in) Imports or exports, or attempts to import or 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 relation to which
the alleged offence was committed, and may hold the same until after
the hearing of the charge.
(3) If a person so charged is convicted, then those goods, whether
they have been so seized or not, shall be forfeited to His Majesty the
King, and the Court shall dispose of them, subject to any general or
special directions of the Secretary of State as the Court thinks fit.
71. —(1) If any British subject, without His Majesty’s authority, L
proof whereof shall lie on the party accused, does any of the following 'var’efca
things, that is to say :—
(a) Levies war or takes any part in any operation ot 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
case shall be heard and determined accordingly.
72. Any British subject being in China or Corea may be proceeded Piracy
against, tried, and punished under this Order for piracy wherever
committed.
If a person accused of piracy is brought before a Provincial Court,
that Court shall report the case to the Supreme Court, and the Supreme
Court shall thereupon give such directions as it may think fit with
aspect to the trial.
73. If any British subject in China or in Corea violates or fails to violation of
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 OKDER8 IN COUNCIL
for the time being in force, in respect of the violation whereof anj
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.—‘-■(V), Where,
Regulations representatives in Chinaby and
agreement
Corea ofamongforeigntheStates,
Diplomatic
or someorof Consular,
them, in
conjunction with the Chinese or Corean authorities, Sanitary, or Police,
or Port, or Game, or other Regulations are established, and the same,
as far as they affect British subjects, axe approved by the Secretary i
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.
(2j In any such case the fine recovered shall, notwithstanding any-
thing in this Order, be disposed of and applied in manner provided by j
those Regulations.
Seditious who prints,
conduct. 75. Every person orsubject
publishes, offers toforthe
salecriminal jurisdiction
any printed or writtenof newspaper
the Court';
or other publication containing matter calculated to excite tumult oPi
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
•his Order, and may, in addition to, or in lieu of, any other punishment, be!
ordered to give security for good behaviour, and in default thereof, or on a
further conviction for the like offence, he may be ordered to be deported.!
An offence against this Article shall not be tried except by thej
Supreme Court.
Oftences 76.—(1) If a British subject—
SL (i) Publicly
observed derides, mocks,or orCorea;
within China insultsor any religion established or!
(ii) Publicly offers insult to any religious service, feast, or ceremony,':
established or kept in any part of those dominions, or to any :
place of worship, tomb, or sanctuary belonging to any religion
established or observed within those dominions, or to the
ministers or professors thereof; or
(iii) Publicly and wilfully commits any act tending to bring any
religion established or observed within those dominions, or itsf
ceremonies, mode of worship, or observances, into hatred,(i
ridicule, or contempt, and thereby to provoke a breach of thel
public peace;
ae shall be guilty of an offence, and on conviction thereof, liable toj
imprisonment not exceeding two years, with or without hard labour, and!
with or without a fine not exceeding ^£50, or to a .fine alone not exceed-!
mg £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. !
Oontempiof 77.—(1) If any person, subject to the criminal jurisdiction of a
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 COREA 81
(b) 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
I (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 fit, instead of directing proceed-
ings as for an offence against this Order, may order the offender to be
apprehended forthwith, with or without warrant, and on inquiry and
consideration, and after the hearing of any defence which such person
may offer, without further process or trial, may adjudge him to be
punished with a fine not exceeding <£10, or with imprisonment not ex-
ceeding twenty-four hours, at the discretion of the Court.
' (2) A Minute shall be made and kept of every such case of punish-
ment, recording the facts of the offence, and the extent of the punish-
ment. In the case of a Provincial Court, a copy of the Minute shall be
forthwith sent to the Supreme Court.
(3) Nothing herein shall interfere with the power of the Court to
remove or exclude persons who interrupt or obstruct the proceedings of
the Court.
78. —(1) If an officer of the Court employed to execute an order loses Ne
by neglect or omission the opportunity of executing it, then, on complaint °®cer8-
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 pretence of Ex
the process or authority of the Court, is charged with extortion, or with
not paying over money duly levied, or with other misconduct, the Court,
if it thinks fit, may inquire into the charge in a summary way, and may
for that purpose summon and enforce the attendance of all necessary,
persons, as in an action, and may make such order for the repayment of
any money extorted, or for the payment over of any money levied, and
for the payment of such damages and costs, as the Court thinks fit.
(2) The Court may also, if it thinks fit, on the same inquiry, impose
[on the clerk or officer such fine, not exceeding; £5 for each offence, as the
[Court thinks fit.
I (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 sued manner and on such terms as the Court thinks fit.
Authority within 100 miles of Coast.
30.—(1) Where a British subject, being in China or Corea, is offence
Charged with having committed, either before or after the commencement mUei of10°
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 COD NOIL
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 I
brought before it, and may take the preliminary examination and commit j
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!
m this Order) the case shall be so heard and determined accordingly. '■j
(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 otience had been com-
mitted in China or Corea.
jurisdiction of 81. Where a British subject, being in Hongkong, is charged with!
courTat having
Hongkong. Order, any committed, either before
crime or offence or after
within any the Chinese,
British, commencement
or. Coreanof ship]
this!
at such a distance as aforesaid, the Supreme Court at Hongkong shall
have and may exercise authority and jurisdiction with respect to the;
Apprehension crime82.or His
offenceMajesty’s
as fully Minister
as if it hadin been committed in any
Hongkong.
ofdeser «■». gUpreme Court, any Consular officer inChina
ChinaororCorea, JudgeQ-overnoi
Corea, or the of the
of Hongkong, on receiving satisfactory information that any soldier
sailor, marine, or other person belonging to any of His Majesty’s militarj
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 Hisj
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) Whtre it is proved that there is reasonable ground t(
apprehend that a British subject is about to commit a breach of tin
public peace—or that the acts or conduct of a British subject are or ii
.likely to produce or excite to a breach of the public peace—the Cour;
may, if it thinks fit, cause him to be brought before it, and require hiq
to give security to the satisfaction of the Court to keep the peace, or fo
his future good behaviour, as the case may require.
(2) Where a British subject is convicted of an offence before thi
Court, the Court may, if it thinks fit, require him to give security to thj
satisfaction of the Court for bis future good behaviour, and for thaj
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 gi^
security fails to do so, the Court may order that he be deported froi!j
China or Corea to such place as the Court directs.
(4) The place shall be a place in some part (if anv) of His Majesty’
dominions to which the person belongs, or the Government of whip
consents to the reception of persons deported under this Order.
(5) A Provincial Court shall report to the Supreme Court any orde
of deportation made by it and the grounds thereof, before the order i
executed. The Supreme Court may reverse the order, or may confirm i
with or without variation, and in case of confirmation, shall direct it t
be carried into effect.
H.B.M. SUBJECTS IN CHINA AND COREA
; (6) The person to be deported shall be detained in custody until a
t opportunity for his deportation occurs.
(7) He shall, as soon as is practicable, and in the case of a person
| onvicted, either after execution of the sentence or while it is in course of
i xecution, be embarked in custody under the warrant of the Supreme Court
n board one of His Majesty’s skips of war, or, if there is no such ship
; .vailable, then on board any British or other fit ship bound to the place
' f deportation.
i (8) The warrant shall be sufficient authority to the commander or
aaster of the ship to receive and detain the person therein named, and
I■ |0 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
ny part of the expenses of his deportation. Subject thereto, the
xpenses of deportation shall be defrayed in such manner as the Secretary
; if State, with the concurrence of the Treasury, may direct,
ji (10) The Supreme Court shall forthwith report to the Secretary of
J State any order of deportation made or confirmed by it and the grounds
hereof, and shall also inform His Majesty’s Minister in China or Corea
,s; the case may require.
I (11) If any person deported under this or any former Order returns
o: China or Corea without permission in writing of the Secretary of
i State (which permission the Secretary of State may give) he shall be
1 eemed guilty of a grave offence against this Order; and he shall also be
'] iable to be forthwith again deported.
i - 84. Where any person is deported to Hongkong, he shall on his Dealing with
i.rrival there be delivered,‘with the warrant under which he is deported, pe^melt
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
hall forthwith report the case to the G-overnor of Hongkong, who shall
ither by warrant (if the circumstances of the case appear to him to
lake it expedient) cause the person so deported to be taken to England,
nd in the meantime to be detained in custody (so that the period of
uch detention do not exceed three months), or else shall discharge him
rom custody.
Appeal and Reserved Case.
85. —(1) Where a person is convicted of any offence before any Appea
Spurt— ^ reserved case.
(a) If he considers the conviction erroneous in law, then, on his
application, within the prescribed 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;
he Judge shall state a case, setting out the facts and the grounds of the
lonviction, 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 Article, Proce
he Court, before whom the trial was had, shall, as it thinks fit, either case 8tated-
postpone judgment on the conviction, or respite execution of the judg-
inent, and either commit the person convicted to prison, or take security
:or him to appear and receive judgment, or to deliver himself for
execution of the judgment (as the case may require) at an appointed
ime and place.
(2) The full Supreme Court, sitting without a jury or assessors,
shall hear and determine the matter, and thereupon shall reverse, affirm,
or amend the judgment given, or set it aside; and order an' entry to be
84- ORDERS IN COUNCIL
made in the Minutes that in the judgment of the, Supreme Court the
person ought not to have been convicted, or order; judgment to be given
at a subsequent sitting of the Provincial Court, or order a new trial, 01
make such Other order as the. Supreme Court, thinks just, and shall aisc
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 pot 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 th«
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; oi
(d) Of any objection to any person as assessor which might have
been raised before or at the trial; or
( eJ Of any informalityr in the swearing of any witness ; or
( f ) Of any error or, omission in the charge, or any informality if
procedure which, in the opinion of the Supreme Court, did nof
affect the substance of the case or subject the convicted persor
to any undue prejudice.
r ere
PrivyOcrancii. King in' Council
^’h shall frombe anodecision
appeal ofin the
a criminal
Supremecase to except
Court, His Majesty
by speciath<
leave of His Majesty in Council. • ' (
• Fugitive Offenders, ... , • 1
Fugitive
offenders. Removal 88. Ihe Act,fugitive Offenders
1884, shall apply, Act, 1881,and
to China andCorea,
the Colonial Prisoners
as if those place!
were a British possession and part of His Majesty’s dominions.
Subject as follows : -
(«) His Majesty’s Minister in China or Corea, as the case maj
require, is hereby substituted for the G-overnor or Governmem
of a British possession; and
(b) The Supreme Court is hereby substituted for a Superior Coun
of a British possession.
(c) The Supreme Court and each Provincial Court is substitutec
for a Magistrate of any part of His Majesty’s dominions. ^
(
Article in relation thereto, China, Corea, Weihaiwei and Hong
kong shall be deemed to be one group of British possessions, j
IV.—Civil Matters.
General ever 89.Court Subject
actin to the provisions of this Order, the civil jurisdiction o|
toavT be exercised
jurisdiction, y on the& under this Order
principles of, andshall, as far as with,
in conformity circumstances admit
Eno-lish law fo
the time being in force.
Procedure.
All proceed-
6 90.—(1) Every civil proceeding in the Court shall be taken bj
taken
aotionby action,2 andFornot otherwise, and shall be designated an action.
- ,( ) under
applicable the purposes
this Orderof any statutory
to any civil enactment
proceeding orin other provisioiad
the Court,
H.B.M. SUBJECTS IN CHINA AND COREA
actio a under this Order ishall comprise and be equivalent to a suit, cause,
■) or petition, or to any civil proceeding, howsoever required by any such
enactment or provision to be instituted or carried on.
91. —(1) Every action shall commence by a summons issued ment of from the
Oommence-
Court, on the application of the plaintiff, and served on the defendant (in action.
this Order referred to as an original summons) ; but notwithstanding
this provision, proceedings may be taken in and applications may be
made to the Court in particular classes of cases, in such .manner as may
be prescribed by Rules of Court, or, where such manner is not so pre-
scribed, in such manner as like proceedings and applications are taken
and made in England.
92. —(1) Subject, to the provisions of this Order, everyTrialaction by juryin 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 the Court seven
days before the day appointed for the hearing, be heard with a jury.
(2) Any other suit may, on the suggestion of any party, at any
stage, be heard with a jury, if the Court thinks fit.
(3) Any suit may be heard with a jury if the Court, of its own
motion, at any stage, thinks fit.
93. —(1) The Supreme Court may, if it thinks fit, hear Trial byany action
assessors.
with assessors.
(2) A Provincial Court shall (subject to' the provisions of this
Order) hear with assessors every action which involves the amount or
value of ^£150 or upwards.
(3) In all other cases a Provincial Court may, as it thinks fit, hear
the action either with or without assessors.
94. —(1) After the issue of a summons by any Court,Special thecasedecision
of that Court may be given upon a special case submitted to the Court
by the parties.
- (2) Any decision of a Provincial Court may be given subject to a
case to be stated by, or under the direction of, that Court for the opinion
or direction of the Supreme Court.
95. Subject to the provisions of this Order and the Rules of Court,
the costs of and incident to all proceedings in the Court shall be in the
discretion of the: Court, provided that if the action is tried with a jury
the costs shall follow the event, unless the Court shall for good cause
(to be entered in the Minutes) otherwise order.
Arbitration.
96.—(1) Any agreement in writing between any British subjects or Arbitration
between British subjects and foreigners to submit present or future
differences to arbitration, whether an Arbitrator is named therein or
not, may be filed in the Court by any party thereto, and, unless a con-
trary' intention is expressed therein, shall be irrevocable, and shall have
the same effect as‘ an order of the Court.
r; (2) Every such agreement is in this Order referred to as a submission.
p- (3) If any action is commenced in respect of any matter covered by
a submission, the Court, on the application of ahv party' to the action ,
may by order stay the action.
I' 97.— (1) In any action—- Referencet0 of
b| (6)
(a) IfIf the
all parties
mattersconsent,
in disputeor consist wholly or partly of matters of Referees,
account, or require for their determination prolonged examina-
the Courttionmayof atdocuments
any timeor refer
any scientific
the wholeor action,
local examination:
or any question or
issue arising therein, for inquiry and report, to the Registrar or any
special Referee.
ORDERS IN COUNCIL
(2) The report of the Registrar or special Referee may be adopted
wholly or partially by the Court, and if so adopted may be enforced as a
judgment of the Court.
(3) The Court may also in any case, with the consent of both parties
to an action, or of any parties between whom any questions in the action
arise (such consent'being signified by a submission) refer the action or
the portions referred to in the submission to arbitration, in such man-
ner and upon such terms as it shall think reasonable or just.
(4) In all cases of reference to a Registrar, special Referee, or fj
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 i
©reward.8'0” enforce
and regulateany the
submission, or any
proceedings beforeaward
and made thereunder,
after the award, inandsuchto manner
control f
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 i
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.
■urisdlction
jun ic ion. for ailf
100.—(1)
[ „ ithinThethe Supreme
limits of Court
this Order,
shall have
and over
Admiralty
vessels and
jurisdiction
persons
coming within the same.
(2) The following enactments of the Colonial Courts of Admiralty1!
Act, 1890, that is to say, Section 2, Sub-sections (2) to (4) ; Sections 5 and
6; Section 16, Sub-section (3); shall apply to the Supreme Court as if
that Court were a Colonial Court of Admiralty, and as if China and'
Corea were a British possession; and for the purpose of this application
the expressions “judgment” and “appeal” shall in the enactments sol
applied have the same respective meanings as are assigned thereto in,*
Section 15 of the said Act.
Matrimonial.
101 Tlie Su reme
Jurisdiction'
jun ic ion. for anc | ‘ within P
China Court
and shall, aswithfarrespect
Corea,, as circumstances
to British admit, all1
subjects,have,
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.
Lunacy
jurisdiction, have102.—(1) The China
for and within SupremeandCourt
Corea,shall, as far toas circumstances
in relation admit,
British subjects, all]
such jurisdiction relative to the custody and management of the persona
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 bas
H.B.M. 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 j urisdiction 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 time 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 Vict.,: 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
Corea by the Provincial Court at Seoul.
Probate and Administration.
103. All real or immovable property situate in China or Corea, and property
belonging at the time of his death to any British subject dying after the Real to devolve as
commencement of this Order, shall be deemed to be personal estate, and personal
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 of Courts. admit
have, for and within China and Corea, with respect to the wills and the Jurisdiction
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 anv 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 substituted for the applied.
same, are hereby extended to China and Corea with the adaptation follow-
ing, namely:—
The Supreme Court is hereby substituted for a Court of Probate in
a Colony.
106. —(1) Where a Court of Probate in the UnitedBritish Kingdom
of or in
any British Possession to which the Colonial Probates Act, 1892, for the Sealing Colonialor&c.
time being extends, has granted probate or letters of administration or probate,
confirmation in respect of the estate of a deceased person, the probate
letters or confirmation so granted may, on being produced to, and a
i of
Court,deposited with, theshall
and thereupon Supreme
be ofCourt, be sealed
the like witheffect,
force and the and
seal
have the same operation as if granted bv that Court.
OKDEKS IN COUNCIL
(2) Provided that the Supreme Court shall, before sealing anj
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
securi ty 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
Court 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
Brty of 107. -—(I) Where
ate. o: where, intestate, then, until administration is granted, his property in
China or Corea shall be vested in the Judge of the Supreme Court.
(2) The Court within whose jurisdiction any property of the de-
ceased is situated shall, where the circumstances of the case appear to the 1
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.
Executor
failing to possession 108. If any person named executor in the will of the deceased takes ,
of and administers or otherwise deals with any part of the i
probate. property of the deceased, and does not obtain probate within one month,
after the death, or after the termination of any suit or dispute respect- '
ing probate or ad ministration, be shall be guilty of an offence and shall
be liable to a fine not exceeding .£50.
Administering
estate without executor109. If any person, other than the person named administrator or an
authority. or an officer of the Court, takes possession of and administers I
or otherwise deals with any part of the property of a deceased British
subject, whether resident or not, he shall he deemed guilty of a contempt
of Court, and shall be liable to a fine not exceeding £50.
Death
failureorof testator, 110. Where a person appointed executor in a will survives the
executor. but either dies without having taken probate, or, having been
called on by the Court to take probate, does not appear, his right in re-j
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 other111.such subject having in his possession,
—(1) W
or under his control, any j
paper or writing of the deceased, behm, or purporting to be testament-,;1
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 davs 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
oi a British subject, the Court may, whether a suit or proceeding
respecting probate or administration is pending or not, order him to
nroduce 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 possessioh 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 exanjination 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
or estate of a deceased person does not exceed ,£50, the Court may, \
without any probate or letters of administration, or other formal proceeding,
pay thereout any debts or charges, and pay, remit, or deliver any surplus
to such persons, subject to such conditions (if any) as the Court thinks
proper, and shall not be liable to any action, suit, or proceedings in
respect of anything done under this Article. Provided that a Provincial
Court shall not exercise the powers of: this4 Article; except with the
approval of the Supreme Court. Every proceeding of the Court Under
this Article shall be recorded in the Minutes.
Appeals tend) Eekearings.
113-—(1) Where an .action;anyin party
for value of ,£25 or upwards, a Provincial Court.
aggrieved by involves the, amount
any decision of, that
Court, with or without assessors, in the action shall have the.: right to
appeal to the . Supreme Qourt against, the sa,me, on such terms and
conditions as rgay.be prescribed by Rules ofCouit.
Ei, (2) In any other, case, the Provinpial iCourt may, ,'jf it sypms just apd
expedient, give; lepve to apppa,! on like terms., ;
(3) In any case the Supreme Court ynay give.;Ipave.^to appeal,on
such terms as seem just.
114. —(1) The Supx-eme, Court, may, if it thinks fit, on the application
,of any party or of its, own motion, order a rehearing of an action, or of an
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
^r assessors shall extend to a rehearing of an action.
(3) The Supremp Court may, if it thinks fit, direct amy, rehearing to
be before the full Court. ,;
(4) If the party applying for a rehearing has by any order, been
ordered to pay money, or do any other thing, the Court may direct either
that the order be carried into execution, or that the execution thereof be
suspended pending the rehearing, as it thinks fit.
(5) If the Court directs the order to be carried into execution, the
party in whose favour it is given shall before the execution give security
to the satisfaction of the Court for the performance of such order as
shall he 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 ol
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 Couri
made in a civil action involves the amount or value- of £500 or upwards,
any party aggrieved thereby may, within the prescribed time, or, if no
OEDEES 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 Privyj
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, andJ
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 manner1
aforesaid.
Execution
pending 116. —(1) Wh
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.
Appea by
epecia! leave. 117. Ihis Order shall not affect the right of His Majesty in Council
at any time, on the humble petition of a person aggrieved by a decision
of the Supreme Court, to admit his appeal thereon on such terms and in
such manner as His Majesty in Council may think fit, and to deal with!
the decision appealed from in such manner as may be just.
V.—Procedure, Criminal and Civil.
Minutes ol
proceedings. 118. —(1) I
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 bj
them. -
(2) These Minutes, with the depositions of witnesses, and the notefj
of evidence taken at the hearing or trial by the Judge, shall be preserved
1
in the public office of the Court.
Rules of 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 withip
the jurisdiction of the respective Courts;
H.B.M. SUBJECTS IN CHINA AND CORE A
(b) For regulating the means by which particular facts may be
proved in the said Courts;
(«) For prescribing any forms to be used ;
(d) For prescribing or regulating the duties of the officers of the
said Courts ;
(e) For prescribing scales of costs and regulating any matters in
connection therewith;
(/) 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;
{
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 ;
(A) For taking and transmitting 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 suspending
the right to practise on grounds of misconduct, subject to a
I right of appeal to His Majesty in Council.
Where under any Act of Parliament which is applicable to China
and Corea, Rules may or are required to be lhade in England by the Lord
Chancellor or any Judicial authority, the powers of this Article shall
include a power to make such Rules for the purposes of that Act so far
as applicable.
Rules framed under this Ai'ticle shall not have effect until approved
by the Secretary of State and, so far as they relate to fees and costs.
Sanctioned by the Treasury ; but in case of urgency declared in any suck
Rules with the appi-oval of His Majesty’s Minister, the same shall have
effect unless and until they are disapproved by the Secretary of State
and notification of Such disapproval is recorded and published by the
Judge of the Supreme Court.
Until such rules have been made, or in relation to matters to which
they do not extend, a Court may adopt and use any procedure or forms
heretofore in use in the Consular Courts in China or Corea, or any
Regulations or Rules made thereunder and in force immediately before
the commencement of this Order, with any modifications or adaptation-
which may be necessary.
120.—(1) 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 parent oftb
[Minutes, dispense with or remit the payment of any fee in whole court fees,
or in part.
(2) Payment of fees payable under any Rules to be made in pur-
suance of this Order, and of costs and of charges and expenses, of
witnesses, prosecutions, punishments, and deportations and of other
charges and expenses, and of fines respectively payable under this Order,
may be enforced under order of the Court by seizure and sale of goods, and
ion default of sufficient goods, by imprisonment as a civil prisoner for a term
; not exceeding one month, but such imprisonment shall not operate as a
satisfaction or extinguishment of the liability.
(3) Any bill of sale or mortgage, or transfer of property made with
a view of avoiding seizure or sale of goods or ship under any provision of
j this Order, shall not be effectual to defeat the provisions of this Order.
92 ORDERS COUNCIL
Appearance. 121.—(1) Every person doing an act or taking a proceeding in the
Court as plaintiff in a civil case, or as making 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 Ids 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, ori
instrument authorizing the agent, or an authenticated copy thereof, shall
be first filed in the Court.
(3) Where the authority has reference only to the particular pro-
ceeding, the original document shall be filed.
(4) Where the authority is general, or has reference to other matters
in which the attorney or agent is empowered to act, an authenticated
copy of the document may be filed.
(5) Any person doing any act or taking any proceeding in the Court
in the name or on behalf of another person, not being lawfully authorized
thereunto, and knowing himself not to be so authorized, is guilty of a
contempt of Court.
witness? . 122.—(1) In any case, criminal or civil, and at any stage thereof,
the Court either of its owii motion or on the application of any party,
may summon a British subject to attend to give evidence, or to produce!
documents, or to be examined ; but a Provincial Court shall have power
so to summon British subjects in its own district only.
(2) If the person summoned, having reasonable notice of the time
and place at which he is required to attend, and (in civil cases) his reason^
able expenses having been paid or tendered, fails to attend and be sworn,
and give evidence, or produce documents or submit to examinatiofi
accordingly, and does not, excuse his failure to the satisfaction of th«
Court, he shall be guilty of an offence against this Order.
(3) Persons, of Chinese, Cqrean, 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 wit!
the ceremony that he,declares to be binding on his conscience. j
(5) If in any case, civil or criminal, a British subject wilfully gives
false, evidence in the Court, or on a reference,, he shall be deemed guilty
of wilful and corrupt perjury.
123- Wlie:never
rfacouseT or imprisonment
pereong. or ffnder
by waythisof Order any person
deportation or forisanyto other
be taken for trialt<
purpose,
the Supreme Court or Elsewhere in China of Coreai or to Hongkong]
England, or elsewhere, the’ Oourt or other authority by 'this Ordei
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 ol
war,
otherorfitifship,
thereatisanylio, port
such orshipplace
available,
whetherthen on board'any
within or beyond British
the partiiol
cular jurisdiction of district of that Court or.authority, and in order «
such embarkment may (if necessary) cause Mm to be taken, in custod;
or otherwise, by land of. by water, from any place to the port or place cj
embarkment. * .. ’
The writ, order, or warrant of (he Court,'by virtue whereof atfjj
person is to be so taken, shall be sufficient authority to every constabll
officer, or other person’ acting thereunder, and ‘ to the ' commander master of any ship of waf, or other ship (whether the constable, office)
H.B.M. SUBJECTS IN CHINA AND COREA 93
- >r other person, or the ship or the commander or master thereof, is
st| lamed therein or not), to receive, detain, take, and deliver up such
• terson, according to the writ, order, of warrant.
Where the writ, order, or warrant is executed under the immediate
.irection of the Court or'authprity. issuing it, the writ, order or warrant
hall be delivered to, the constable, officer, or other person acting there-
i nder, and a duplicate thereof shall be delivered to the commander or
raster of any ship in which the pprsoh to whom the writ, order, or
fj ^arrant relates is embarked.
Where the writ, order, or warrant issues from the Supreme Court,
i l ,nd is executed by a Provincial Court, a copy thereof certified under tbe
eal of the Court executing the same shall be delivered to the constable,
> ffieer, or other person acting thereunder, and to the commander or
raster of any ship in which the person taken is embarked; and any such
i opy shall be for all purposes conclusive evidence of the order of which
11 purports to be a copy.
124. Subject to the other provisions of this Order, all expenses of Expenses of
il emoval of prisoners and others from dr to any place in China or Corea, removal.
>r from or to Hongkong, and the expenses of deportation and of the
! ending of any person to England, shall be defrayed in .such manner as
i he Secretary of State from time to time directs.
t Any master of a British ship when required shall be bound to take
'i uch persons for a reasonable remuneration ( to be determined by a
.* ’udge of the Supreme Court, and in case of non-compliance shall be
t iable to a penalty not exceeding £50.
125. The following Acts, namely:— Application asof
enactments
The Foreign Tribunals Evidence ^ct, 1856;
The Evidence by Commission Act, 1859 ;
’i The Evidence by Commission Act, 1885;
>r so much thereof as is for the time being in force, and any enactment
lor the time being in force amending, or substituted for the same, are
lereby extended to China and Corea, with the adaptation following,
.laincly:
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 Apt, 1861;
»r so much thereof as is for the time being in force, and any enactment
l or the time being in force amending or substituted for the same, are
fiereby extended to China and Corea, .with the adaptation following,
lamely:—
In the said • Acts, .the Supreme Court is hereby substituted for a
Superior Court in a Colony.
,1 127. The Public Authorities. Protection Act, 1893, shall extend and public Protection of
officers.
ipply to China and Corea, as if China and Corea were therein mentioned
. nplace of the United Kingdom, and as if this Order and any other Order
delating to China or Corea, and any Regulations or Rules made under
.,ny such Order were therein referred to, in addition to any Act of
parliament;
j 128. The Supreme: Court may, if it thinks fit, order that a Com- Commission. Evidence by
nission do issue for examination of witnesses at any place out, of China
>(.nd Corea on oath, by interrogatories or otherwise, and may by order
give such directions touching the time, plapey and manner of tbe examina-
rion, or, anything connected thefewithj as to the Court appear reasonable
j.nd just.
94 OEDERS IN COUNCIL
VI.—Mortgages and Bills of Sale.
Mortgages.
Registration
of mortgages. 129. A. deed or other instrument of mortgage, legal or equitable, c
lands or houses in China or Corea, executed by a British subject, ma
be registered at any time after its execution at the Consulate of th
Consular district wherein the property mortgaged is situate.
Mode of
registration. 130. Registration is made as follows :—The original and a copy c
the deed or other instrument of mortgage, and an affidavit verifying thi
execution and place of execution thereof, and verifying the copy, ai
Time forj 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 i
the Consulate aforesaid within the respective time following, namely:^
(1) Within fourteen days after its execution, where it is executed i
the Consular district wherein the property mortgaged is situate
(2) Within two months after its execution, where it is executed \
China or Corea, elsewhere than in that Consular district, or ij
Weihaiwei or Hongkong;
(3) Within six months after its execution, where it is executed els<
where than in China, Corea, Weihaiwei or Hongkong ;
then, and in every such case, the mortgage debt secured by the deed €
other instrument and the interest thereon shall not have priority ov<|
judgment or simple contract debts contracted before the registration c
that deed or other instrument.
132. Registered deeds or other instruments of mortgage, legal d
equitable, of the same lands or houses have, as among themselvefi
priority in order of registration.
Rules forof
indexes 133. His Majesty’s Minister may, with the approval of the Secretary
mortgages. of State, make Rules for prescribing and regulating the making an
keeping of indexes, and of a general index, to the register of mortgage
and searches in those indexes, and other particulars connected with tl
making, keeping, and using of those registers and indexes, and fd
authorizing and regulating the unregistering of any deed or oth«
instrument of mortgage, or the registering of any release or satisfactiq
in respect thereof.
Bill of Sale.
To what bill 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 i
are intended to affect chattels in China or Corea ; <
(2) Do not apply to bills of sale given by sheriffs or others undfl
Contents or in execution of process authorizing seizure of chattels.
bilUiof saleof 135. (1) Every bill of sale must conform with the following rule!
namely:—
(a) It must state truly the name, description, and address of th
grantor.
(b) It must state truly the consideration for which it is granted. J
.(c) It must have annexed thereto or written thereunder an inventoi
of the chattels intended to be comprised therein.
(d) Any defeasance, condition, or declaration of trust affecting th
bill not contained in the body of the bill must be written q
the same paper as the bill.
(e) The execution of the bill must be attested by a credible witnes
with his address and description.
(2; Otherwise, the bill is void in China and in Corea to the extei
following, but not further, that is to say;—
H.B.M, SUBJECTS IN CHINA AND COREA
(а) In the case 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
; .foresaid, respectively, is for all purposes deemed part of the bill.
136. A bill of sale conforming, or appearing to conform, with the
oregoing rules, may be registered, if it is intended to affect chattels in registering
i Ihina or Corea, at the Supreme Court or at the Consulate of the
consular district wherein the chattels are, within the respective time
ollowing 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 months after its execution, where it is executed else-
where than in China, Corea, Weihaiwei, or Hongkong.
! 137. Eegistration is made as follows:—The original and a copy of Mode of
registering
,,he bill of sale, and an affidavit verifying the execution, and the time bill.
und place of execution, and the attestation thereof, and verifying the
i :opy, are brought into the proper office of the Court or the Consulate;
i md the copy and affidavit are left there.
i 138. If a bill of sale is not registered at a place and within the time Penalty ft
jy this Order appointed and allowed for registration thereof, it is, from
and after the expiration of that time, void in China or in Corea, according
is that place is in China or in Corea, to the extent following, but not
urther, that is to say
i (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 as, at or after the filing of the
petition for bankruptcy or liquidation, or the execution of the
assignment, or the seizure, are in the grantor’s possession, or
apparent possession.
t 139. Registered bills of sale affecting the same chattels have as Priority.
imong themselves priority in order of registration.
! 140. Chattels comprised in a registered bill of sale are not in the inEffectcaseofofbill
(mssession, order, or disposition of the grantor within the law of bank- bankruptcy.
s ‘uptcy.
141. If in any case there is an unregistered bill of sale, and within bill covering
>r on the expiration of the time by this Order allowed for registration Subsequent
hereof, a subsequent bill of sale is granted affecting the same or some
»f the same chattels, for the same or part of the same debt, then the
1 ubsequent bill is, to the extent to which it comprises the same chattels
und is for the same debt absolutely void, unless the Court is satisfied that
) .he subsequent bill is granted in good faith for the purpose of correcting
t iome material error in the prior bill, and not for the purpose of unlawfully
svading the operation of this Order.
5 142. The registration of a bill of sale must be renewed once at least renewal. Time for
wery five years.
Ijhe date 143.ofRenewal of registration is made as follows:—An affidavit stating
and parties to the bill of sale, and the date of the original renewal.of
Mode
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.
144. If the registration of a bill of Sale is hdt so renewed in anyi
period of five years, then on arid from the expiration of that period the bill
is deemed to be iinregistered.
AppUcation 145., The provisiorrs of this Order telatihg to renewal apply to bills
of sale registered under the Orders in Council repealed by this Order.
146/A transfer or assignment ‘ of a registered bill of sale need notl
be registered; and renewal of registration is not necessary by reason only
of such a transfer or assignment. • ■ '
147. Where the time for registration or renewal of registration of a
bill of sale empires oh a Sunday, er other day Oh which the office foi
registration is closed, the registration or renewail iS'Valid if made on the
first subsequent day dn which the office is open.
1.48. If in any case the Court is satisfied that failure to register oi
to renew the registration of a bill of sale in due time, or any omission of
tement connected witb registration Or renewal, •whs accidental oi
;ent, the' Court may, if it thinks fit; order the failure, omission, oi
uuna-outtpement to be rectified in such manner and on such terms, if any,
respecting security,' notice by advertisemetit or Otherwise, or any othei
matter, as tbe Court thinks fit.
49. The 1 1 provision? of this Order apply to a bill of sale executed
SIT before*UNr
the cordmehcem erit of this Order.
1^6. The' power conferred oh the Judge'of the Supreme Court by 1
this Order of framing Rules from time to :tiihe extends to the framing off
m Rules for prescribing and regulating the making and keeping of indexes,
general index, to the registers of bills of sale and searches b
fho,se indexes , and other particulars connected with the making, keeping]
andd using^ fvFof t.those
Tirfsia vc»r
registers and indexes,;!and
riC}+o%»C! qVi/I o n/>3v£!fOrv** authorizing and
i-.il regulating
the unregistering of any bill of sale, or the, registering of any release oi
satisfaction in respect tbefbof.
VII.—Foreign Subjects and Tribunals.
Aotioas
and againstbj 15.1.—(1) Where a foreigner desires to institute or take
foreigners. the Court an action against a British subject, or a British subject desires
to institute or take in the Court an action against a foreigner, the Cour^
shall entertain the same, and shall hear and determine it,, according t<
the ordinary course of the Court.
(2) Provided that the foreigner, if so required by the Court, firstobtaini
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 th^
jurisdiction of the Court, and, if required by the Court, give security t<
the satisfaction of the Court, and to such reasonable amount as the Cour
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 Cour;
or on appeal.
(3) A cross-action or counter-claim shall not be. brought in th
Court against a plaintiff, being a foreigner.
(4) Where a foreigner obtains in the Court an order against ;
defendant beim? a British subject, and in another suit that defendant ij
plaintiff and the foreigner is defendant, the Court may, if it thinks fit, oi
the application of the British subject, stay the enforcement of the orde!
pending that other suit, and may set off any amount ordered to be paic
by one party in one suit .against any amount ordered to be paid by tbj
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
Jourt against two or more defendants being British subjects jointly, and
a another action one of them is plaintiff and the foreigner is defendant
he Court may, if it thinks fit, on the application of the British subject,
tay the enforcement of the order pending that other action, and may set
ff any amount ordered to be paid by one party in one action against any
mount ordered to be paid by the other party in the other action, without
rejudice to the right of the British subject to require contribution from
iis co-defendants under the joint liability.
(6) Where a foreigner is co-plaintiff in a suit with a British subject
'ho is within the particular jurisdiction, it shall not be necessary for the
areigner to give security for costs, unless the Court so directs, but the
p-plaintiff British subject shall be responsible for all fees and costs.
152. —(1) Where it is proved that the attendance within Attendance
Britishthe parti-
ular jurisdiction of a British subject to give evidence, or for any other ofsubjects
urpose connected with the administration of justice, is required in a Chinese or
lourt of China or Corea, or before a Chinese or Corean judicial officer, or
i a Court or before a judicial officer of a State in amity with His Tribunals.
lajesty, the Court may, if it thinks fit, in a case and in circumstances
i which the Court would require his attendance before the Court, order
hat he do attend in such Court, or before such judicial officer, and for
ach purpose as aforesaid.
(2) A Provincial Court, however, cannot so order attendance at any
lace beyond its particular jurisdiction.
i (3) If the person ordered to attend, having reasonable notice of the
me and place at which he is required to attend, fails to attend accord-
igly, and does not excuse his failure to the satisfaction of the Court,
e shall (independently of any other liability) be guilty of an offence
gainst this Order.
153. When a British subject invokes or submits to the jurisdiction Actions British byin
1 f a Chinese, Corean, or foreign Tribunal, and engages in writing to subjects
bide by the decision of that Tribunal, or to pay any fees or expenses Chinese or
rdered by such Tribunal to be paid by him, the Supreme Court, or any foreign Court.
Provincial Court may, on such evidence as it thinks fit to require,
aforce payment of such fees and expenses in the same manner as if they
ere fees payable in a proceeding by such person in that Court, and shall
ay over or account for the same when levied to the proper Chinese,
orean, or foreign authority, as the Court may direct.
154. —(1) The Supreme Court may upon the application proceedings of any
tritish subject or foreigner who has obtained a judgment or order for the Qarnishee
icovery or payment of money in a foreign Court in China or Corea judgment of
gainst a person subject to the jurisdiction of that Court, and upon a foreign Court.
1 srtificate by the proper officer of the foreign Court that such judgment
as been recovered or order made (specifying the amount), and that it is
fill unsatisfied, and that a British subject is alleged to be indebted to
ich debtor and is within the jurisdiction, order that all debts owing or
' 3cruing from such British subject (hereinafter called the garnishee) to
ich debtor shall be attached to answer the judgment or order; and by
lie same or a subsequent order, may order the garnishee to pay his debt
i iv so much as may be sufficient to satisfy the judgment or order of the
*reign Court.
i (2) The proceedings for the summoning of the garnishee, for the
I'ioertainment
ie Court to beofpaid,
his liability, and forforthegiving
and all matters payment
effectof tomoney orderedmay
this Article, by
- deregulated by Rules of Court.
(3) An order shall not be made under this Article unless the Court
i satisfied that the foreign Court is authorized to exercise similar powei
4
98 ORDERS IR COD NOIL
in the case of a debt due from a person subject to the jurisdiction of tha;
Court to a British subject against whom a judgment has been obtained ii
a Court established under this Order.
VIIL—Regulations.
Herniations. 155. His Majesty’s Ministers in China and Corea shall have powe
collectively with respect to China and Corea or any parts thereof, o
severally with respect to China or Corea, or any parts thereof as the oasi
may be, to make Regulations (to be called King’s Regulations) for th
following purposes, that is to say:—
(a) For the peace, order, and good government of British subject
in relation to matters not provided for by this Order, and ti
matt rs intended by this Order to be prescribed by Regulation
(b) For securing the observance of any Treaty for the time being ii
force relating to any place or of tany native or local law or custoi
whether relating to trade, commerce, revenue, or any oth«
matter.
(c) For regulating or preventing the importation or exportation i:
British ships or by British subjects of arms or munitions ofwai
or any parts or ingredients thereof, and for giving effect to an
Treaty relating to the importation or exportation of the same.
(d) For requiring returns to be made of the nature, quantity, ant
value of articles exported from or imported into his district
any part thereof, by or on account of any British subject who ii
subject to this Order, or in any British ship, and for prescribin
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 fd
forfeiture of any goods, receptacles, or things in relation to which, or t
the contents of which, any breach is committed of such Regulations, C
of any Treaty or any native or local law or custom, the observance of whic
is provided for by such Regulations.
(3) Anyto person
in addition committing
any forfeiture a breachthereby,
prescribed of any besuchliable,
Regulations shal
on eonvictio)
to imprisonment, for a period not exceeding three months, or to a fine, <
to both.
(4) Any fine imposed for a breach of Regulations shall not exceel
£50: Provided that where the breach is of any Regulation relating '
customs law, or to the importation or exportation of any goods, the fii
may extend to a sum equivalent to treble the value of the goods in relati<
to which the breach is committed.
Municipal
Regulations. 156. His Majesty’s Ministers in China and Corea respectively, :
the exercise of the powers aforesaid, may, if they think fit, join with tl
Ministers of any foreign Powers in amity with His Majesty in making i
adopting Regulations for the municipal government of any foreign coi
cession or settlement in China or Corea as the case .may he ; and as regarf
British subjects, such joint Regulations shall be as valid and binding I
Approval if they related to British subjects only.
Regulations.of 157. —(a
nave effect as respects British subjects unless and until they are approvJ
oy His Majesty the King, that approval being signified through tm
Secretary of State—save that, in case of urgency declared in anw sujj
Regulations the same shall take effect before that approval, and shJ
continue to have effect: unless and until they are disapproved by l9
Majesty the King, and until notification of that disapproval has bei
received and published by His Majesty’s Minister in China or' Corea jl
the case may be.
H.B.M. SUBJECTS IN CHINA AND COREA
a (h) Any Eegulations when so approved, and published as provided
; by this Order, shall have effect as if contained in this Order.
158. —(1) All Regulations approved under this Order, Publication
whetherof impo
ing penalties or not, shall be printed, and a printed copy thereof shall be Regulations.
affixed, and be at all times kept exhibited conspicuously, in the public office
1 of each Consulate in China and Corea.
: (2) Printed copies of the Regulations shall be kept on sale at such
a reasonable price as His Majesty’s Minister from time to time directs,
i (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
l Majesty’s Consular officers in China and Corea, shall be conclusive evidence
i of the due making of such Regulations.
159. The respective powers aforesaid extend to the making of
s Regulations for the governance, visitation, care, and superintendence of Regulations.
* 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
i prisoners committing offences against the rules or discipline of a prison ;
•i but the provisions of this Order respecting penalties, and respecting the
U printing, affixing, exhibiting, and sale of Regulations, and the mode of
t trial of charges of offences against Regulations, do not apply to Regula-
i tions respecting prisons and offences of prisoners.
IX.—Miscellaneous.
160. Nothing in this Order shall deprive the Court of the right to Customs may
j observe, and to enforce the observance of, or shall deprive any person of be observed.
the benefit of, any reasonable custom existing in China or Corea, unless
: this Order contains some express and specific provision incompatible with
I the observance thereof.
, i, 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
j being, by law, usage, or sufferance, entitled or enabled to do.
,1 162.—(1) Every British subject resident shall, in January in every ofRegistration British
( year, register himself at the Consulate of the Consular district within subjects.
: which he is resident: Provided that—
, - (a) The registration of a man shall comprise the registration of his
wife, if living with him ; and
j (5) 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.
j (2) The Consular officer may, without fee, register any British sub-
, jects being minors living in the houses of foreigners,
i! (3) Every British subject arriving at a place in China or Corea
, where there is a Consular office, unless borne on the muster-roll of a
British ship there arriving, shall, on the expiration of one month after
arrival, be deemed, for the purposes of this article, to be resident, and
i shall register himself accordingly.
J (4) A person shall not be required to register himself oftener than
| once in a year, reckoned from the 1st January.
j by him (5) aThe Consular
certificate officer shall yearly
of registration, signed give
by tohimeachandperson
sealed registered
with his
j 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 IN COUNCIL
(7) The names and descriptions of females and minors .whose
registration is comprised in that of the head of the family shall, unless in
any case the Consular officer sees good reason to the contrary, be indorsed
on'the certificate of the head of the family.
(8) It shall be lawful by King’s Regulations to require that every
person shall, on every registration of himself, pay such fee as may therein1
be prescribed, not exceeding 2 dollars in China and 2 yen in Corea; and
such Regulations may provide that any such fee may either be uniform
for all persons, or may vary according to the position and circumstance^
of different classes.
(9) The mode of registration may be prescribed by King’s Regula-
tions, but if no other mode is so prescribed, every person by this Order
required to register himself or herself shall, unless excused by the Con-
sular officer, attend personally for that purpose at the Consulate on each
occasion of registration.
(10) If any person fails to comply with the provisions of this Order
respecting registration, and does not excuse his failure to the satisfaction)
of the Consular officer, he or she shall be guilty of an offence against
this Order, and any Court or authority may, if it thinks fit, decline to
recognize him as a British subject.
Deposit of
powers of (which163.relates Section 48 of the Conveyancing and Law of Property Act, 1881
attorney. 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: thej
Office of the Supreme Court is substituted for the Central Office, and;
Rules of Court under this order are substituted for General Rules.
Bates
exchangeof for der the 164. All fees, fines, penalties, and other sums of money which, un-
payment of
fees, fines, t ■ are stated provisions of this Order or any Regulations or Rules of Courts
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, ini
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
m security, in any case where this Order or any Rule or Regulation con-^
1 tains a reference to British currency.
Accounting
fines, fees, & and 165. Except as in this Order otherwise provided, all fees, dues, fines,
other receipts under this Order shall be carried to the public
account, and shall be accounted for and paid ns the Secretary of State,
with the concurrence of the Treasury, directs.
166. Not later than the 31st March in each year, the Judge of the
Supreme Supreme Court shall send to the Secretary of S am a report on thffl
.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 fet s received, anc
containing an abstract of the registration list, and such other informal
tion, and being in such form, as the Secretary of State from time to timj
Report by directs.
Provincial 167. Each Provincial Court shall at such time as may be fixed bj
Court. Rules of Court furnish to the Supreme Court an annual report of everj
case, civil and criminal, brought before it, in such form as the Suprenu
Publication f Court directs.
Order. ed in. 168. (1) A printed
a conspicuous place copy
in eachof Consular
this Orderoffice
shallandbe inalways kept exhibit);
each Court-house
(2) Printed copies shall be sold at such reasonable price- as tlu
Supreme Court directs. i
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 he required of any of such matters.
The provisions of the Evidence Act, 1851 (14 and 15 Viet., cap. 99),
Secs. 7 and 11, relating to the proof of judicial and other documents,
'shall extend and be applied for all purposes as if the Courts, districts,
and places to which this Order applies were in a British Colony.
169. —(1) The Orders in Council mentioned in the-Schedule to this
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 so-
that the same may be revoked, altered, or otherwise dealt with unde’-
this Order, as if they had been made under this Order.
(3) Criminal or civil proceedings begun under any of the Orders re-
pealed by this Order, and pending at the time when this Order comes into-
operation, shall, from and after that time, be regulated by the provisions of
this Order, as far as the nature and circumstances of each case admits.
(4) Lists of jurors and assessors in force at the passing of this
Order shall continue in force until revised and settled under the provi-
sions of this Order.
170. —(1) This Order shall take effect on such day not less than on
month nor more than three months after it is first exhibited in the public
office of the Supreme Court at Shanghai, as the Minister shall by public
notification appoint.
(2) The day on which this Order so takes effect is in this Order
referred to as the commencement of this Order.
(3) For the purposes of this Article the Judge of the Supreme Court
shall forthwith, on the receipt by him from the Minister in China of a
certified printed copy of this Order, cause the same to be affixed and
exhibited conspicuously in that office, together with the said notification.
(4) He shall also keep the same so affixed and exhibited until the
commencement of this Order.
(5) A copy of the said notification shall, as soon as practicable, be
published at each of the Provincial Consulates in such manner as the
Supreme Court may direct.
102 ORDERS IM COUNCIL FOtt EI.B.M. SUBJECTS IN CHINA, ETC.
(6) A certified printed copy of this Order shall also be affixed and
exhibited in the public offices of the Provincial Court at Seoul, at the
same time (or as near as circumstances admit) at which it is first exhi-
bited at Shanghai.
(7) Proof shall not in any proceeding or matter be required that
the provisions of this Article have been complied with, nor shall any act
or proceeding be invalidated by any failure to comply with any of such
provisions.
(8) Where this Order confers power to make any appointment,
Rules, or Regulations, or to do any other thing for the purposes of this
Order, that power may be exercised at any time after the passing of this
Order, so, however, that any such appointment, Rules, or Regulations
shall not take effect before the commencement of this Order.
short Title. 171, This Order may be cited as “ The China and Corea Order in
Council, 1904.’'
A. W. Fitzrov.
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, arid 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) ORDEli IN COUNCIL, 1914
A/r the Court at Buckingham Palace, the 30th day of March, 1914
Present
The King’s Most Excellent Majesty
Lord President Lord Colebrooke
Viscount Knollys Lord Emmott
Whereas by treaty, grant, usage, sufferance, or other lawful means His Majesty
the King has jurisdiction in China:
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is
pleased, by and with the advice of His Privy Council, to 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 of
consulate, in accordance with Article 46 of the China (Amendment) Order in
Council, 1913, on the registration of a company in accordance with the provisions of
that Order, there shall be deposited and filed a list of the directors of the company
showing in respect of each director his full name and nationality and his address.
(2) Every company registered under the China (Amendment) Order in Council,
1913, shall register in the month of January in every year a list of the directors of
the company, showing in respect of each director his full name and nationality and
his address, and shall from time to time, as may be necessary, register any altera-
tions in such list.
(3) On every registration under sub-article (2) of this article there shall be
payable a fee of 2s.
3. Where any municipal regulations or byelaws have been established for any
foreign concession in China the Court may entertain a complaint against a British
subject for a breach of such municipal regulations or byelaws, and may enforce
compliance therewith.
Provided—
(1) That the said municipal regulations, or byelaws have been accepted by
His Majesty’s Oovernment. Acceptance of the municipal regulations
or byelaws of a foreign concession by His Majesty’s G-oivenment 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 Eight Honourable Sir Edward Grey, Baronet, K.O., one of His
Majesty’s Principal Secretaries of State, is to give the necessary directions herein.
Almeric Fitzroy.
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1915
Bv this Order Article 3 of “The China (Amendment) Order in Council, 1914, ’
was repealed.
CHINA (AMENDMENT No. 2) ORDER IN COUNCIL, 1920
At the Court at Buckingham Palace, the 9th day. of November, 1920
Present :—
The King’s Most Excellent Majesty in Council
Whereas by treaty, grant, usage, sufferance, and other lawful means, His
Majesty the King has jurisdiction in China:
Now, therefore, His Majesty, by virtue and in exercise .of the powers in that !
behalf by “The Foreign, Jurisdiction Act, 1890,” or otherwise, in His Majesty
vested, is pleased by and with the advice of His Privy Council to order, and it is
hereby ordered, as follows :
1. This Order may be cited as “The China (Amendment No. 2) Order in ,
Council, 1920,” and shall be read as one with “ The China Order,in Council, 1904”
(hereafter called the “ Principal Order ”), and with any Order amending the same. '
2. The words in Article 101 of the Principal Order “.except the jurisdiction
relative to dissolution, or nullity, or jactitation of marriage ” are hereby repealed.
3. This Order shall take effect on the day on which it is first exhibited in the
Public Office of the Supreme Court at Shanghai.
And the Bight Honourable George Nathaniel, Earl Curzon of Kedlestoh, one of |
His Majesty’s Principal Secretaries of State, is to give the necessary difections J
herein.
Almeric Fitzroy.
Rules of Court drawn up under this Order by Judge Skinner Turner were j
published in the Hongkong Government Gazette on June 10th, 1921. ,j
THE CHINA (AMENDMENT) ORDER IN COUNCIL
No. 3S 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 I
ordered, as follows :—
1. This Order may be cited as “ The China (Amendment) Order in Council,j
No. 3, 1920,” and shall be read as one with “ The China Order in Council, 1904 ”
(hereinafter called the “Principal Order ”), and with any Order amending the same,-
and the provisions of Article 170 of the Principal Order shall in particular apply toj
this Order.
')
THE CHINA (AMENDMENT) ORDER IN COUNCIL No 3, 1920 iOo
2. Every person subject to the criminal jurisdiction of the Court who has acted
is acting, or is about to act in a manner prejudicial to the public safety, or to. the
defence, peace or security of His Majesty’s Dominions, or of any part of them,
shall be guilty of a grave offence against the Principal Order, and may, in addition
to, or in lieu of, any other punishment, be ordered to give security for good
behaviour or to be deported.
3. Every person subject to the criminal jurisdiction of the Court who prints,
publishes, or offers for sale any printed or written newspaper or other publication
containing seditious matter, or has in his possession with intent to publish or dis-
tribute any such newspaper or other publication, shall be guilty of a grave offence
against the Principal Order, and may, in addition 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: (1) of “The China and Corea (Amendment) Order in Council,
1909,” and the whole of “ The China (War Powers) Order in (Council, 1917,” are
hereby repealed, but this repeal shall not (a) affect the past operation thereof or
any right, title, obligation or liability thereunder; or (b) interfere with the institu-
tion or prosecution of any legal proceeding thereunder.
6. This order is in substitution for “The China (Amendment) Order in Coun-
cil, 1920,” which has not taken effect and is hereby revoked.
And the Right Honourable George Nathaniel, Earl Curzon of Kedleston, K.G.,
&c,, one of His Majesty’s Principal Secretaries of State, is to give the necessary
directions herein.
Almeric Fitzrot.
THE CHINA (AMENDMENT) ODDER IN COUNCIL, 1921
At the Court at Buckingham Palace, the 13th day of December, 1921
Present :—
The King’s Most Excellent Majesty
Earl of Lytton Sir Frederick 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)
Council, ThisandOrder
1921,” shall bemayreadbe,ascited as “The
one with ChinaOrder
the China (Amendment)
in Council, Order
1904 (inin
this Order referred to as “ the Principal Order”), and the said Order and any
other
ChinaOrders
Ordersinin Council
Council,amending the said Order may be cited together as “The
1904 to 1921.”
M, (2) This Order shall not apply to places within the limits of the Consular
District of Kashgar.
108 THE CHINA fAMENDMENT; ORDEE IN COUNCIL, 1921
2.—The following provisions are substituted for Article 162 of the Principal
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 1
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 1
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 suen person applies for the renewal of the
registration and produces his passport, renewal of his registration heed not i
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, i
attend personally for that purpose at the Consulate, but any person applying !
for the renewal of his registration need not attend personally unless directed 1
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 j
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, ifliving with
him, be effected without attendance being required.
(5) A person registered in any register of British subjects established
under the provisions of any Order in Council which have been repealed shall be
registered under the provisions of this Order, unless the Consular Officer is<
satisfied after inquiry that the previous registration was erroneous or that such
person is not entitled to registration under the provisions of this Order.
(6) Every person shall, on every registration of himself, and on every
renewal of the registration, pay a fee of two dollars, or such other fee as the
Secretary of State from time to time.appoints. The amount of the fee may be
uniform for all persons, or may vary according to the position and circumstance^
of different classes, if the Secretary of State from time to time so directs, but
may not in any case exceed four dollars.
(7) Where any person applies to be registered he shall be entitled without
a fee to the assistance of the Consular Officer in the preparation of any
affidavit that may be required.
(8) The Consular Officer may require the production of such evidence
that an applicant for registration is entitled to the status of a British subject
as he may see fit, but subject to such directions as may be issued by thd
Secretary of State.
(9) If ofanythisBritish
provisions Order,subject
he shallneglects to obtain
not be entitled to beregistration
recognised orunder the
protected
as a British subject in China, and shall be liable to a fine not exceeding twentj
dollars for each instance of such failure, but he shall, although not registered^
be subject to the jurisdiction of his Majesty's Courts in China.
3-—From and after the commencement of this Order, Article 162 of the
Principal Order is hereby repealed, but such repeal shall not prejudice any rights,
obligations or liabilities accrued thereunder.
THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915
At the Court at BtrcKirtGHAM 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
; ixercise of jurisdiction over British Companies carrying on business within the
imits of this Order :
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
jehalf by “The Foreign Jurisdiction Act, 1890” or otherwise, in His Majesty
rested, is pleased, by and with the advice of His Privy Council, to order, and it is
i lereby ordered, as follows :—
L This Order may be cited as “The China (Companies) Order in Council,
1915,” and shallOrder
he “ Principal be read
”), asandonewithwithanytheOrder
“ China Order,the1904”
amending same. (hereinafter called,
2.—In this Order—
i of Hongkong,” “ The Ordinance ” means any
and includes “TheOrdinance
Companiesamending
Ordinance,
or 1911, of the for
substituted Colony
the
;! same.
u■v Companies“ The Life Insurance1907,Companies
Ordinance, Ordinance,
of the Colony ” means theandLifeincludes
of Hongkong, Insurance
any
Ordinance amending or substituted for the same.
?| incorporated “ China Company ” means a Company limited by shares
under the Ordinance, and the operations of which are directed or by guarantee
t
- and controlled from some place within the limits of this Order,
il Ordinance “ Hongkong China Company
which carries on some part ” means
of itsa business
Companywithin
incorporated under
the limits the
of this
ijj Order, and
in Hongkong. the operations of which are directed and controlled from some place
jr dom,“orBritish Company
in a British ” means aand
Possession, Company
includesincorporated in the United
a China Company King-
and a Hong-
kong China Company.
jponsul-General,
- 3.—(1) Theshall Consul-General
be RegistraratofShanghai,
Companiesincluding any person acting for such
at Shanghai.
|pf the(2) Ordinance
All acts done
or of the Life Insurance Companies Ordinance ofby,theto,provisions
within the limits of this Order in pursuance with, or
before the Registrar of Companies at Shanghai, shall, subject to the provisions of
phis Order, be of the same force and
pr before the Registrar of Companies in Hongkong. validity as if they had been done by, to, with,
108 THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915
(3) The Registrar of Companies at Shanghai shall be entitled to initiate such ;
proceedings in the Court as he may think necessary to enforce compliance with the
provisions of this Order on the part of British Companies in China.
4. —The Judge may by Rules of Court confer upon Pr
tion in matters dealt with in the Ordinance, and may specify in such Rules the
Courts by which, and the classes of cases in which, such jurisdiction shall be
exercised, but subject thereto the jurisdiction conferred by the Ordinance upon any
Court shall within the limits of this Order be exercised by the Supreme Court.
5. —In all matters relating to a Hongkong China Com
the Supreme Court and of the Supreme Court of Hongkong shall be concurrent, j
and the said two Courts shall in all respects be auxiliary to each other.
6. —Where any proceedings relating to a Hongkong C
winding up of any such Company, are commenced in the Supreme Court, and it I
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- j
veniently be cai’ried on at Hongkong, the Supreme Court may, of its own motion, or j
on the application of any party, make an Order transferring the proceedings to the j
Supreme Court of Hongkong.
7. —The Supreme Court shall enforce within the limits
or Decree made by the Supreme Court of Hongkong in the course of any proceed- ;1!
ings relating to a Hongkong China Company, or for the winding up of any such'.
Company.
8. --(l) The majority of the Directors of a China C
Subjects resident within the limits of this Order.
(2) If at any time the proportion of Directors who are British Subjects’
resident within the limits of this Order falls to or below one-half, it shall be the,
duty of the Directors and also of the Shareholders of the Company to take within !
30 days, or such further period as the Court may allow, all necessary steps for the ap-
pointment of such number of Directors who are"British Subjects resident within the
limits of this Order as may be necessary to comply with the provisions of this
article.
(3) If default is made in compliance with this article the Company shall be
liable to a fine not exceeding 50 dollars for every day during which the default con-
tinues, and every Director and every Manager of the Companv 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
auditor of a China Company. The appointment of any such person as the auditor!
of a China Company shall be void, and any certificate or other document given, or
act done, by any person who is not a British Subject purporting to act as auditor
of a China Company shall not be held to comply with any requirements of the'
Ordinance.
10. —No person other than a British Subject shall
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 r with]
the sanction
1L
of the Court. {
required—(!)
by theAllOrdinance
documents
to fileandwithother
the written
Registrarinformation whichshall,a Companv
of Companies in the casi
of a China Company, be filed with the Registrar of Companies at Shano-hai and
copy of all such documents and other written information shall, in the case of
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
wovisious, the Company and every Officer and Agent of the Company who is kuow-
ngly a party to the default shall be liable to a fine not exceeding 50 dollars for
(very day during which such default has continued.
' 12.—The registered office of a China Company shall be situated within the
imits of this Order.
13.—(1) No shares shall be issued by a China Company except either as fully
paid up shares or upon the term that the shares shall be paid up in full within a
ipecified period not exceeding three months after allotment.
(2) Shares issued by a China Company otherwise than as fully paid up shares
ihall be deemed to be issued upon the condition that if not paid for in full before the
itpifation of one week from the date upon which the final payment was due, they
ihall 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
inch shares shall forthwith be given to the registered holder.
Any shares so forfeited shall be deemed to be the property of the Company, and
the Directors may sell, re-allot, or otherwise dispose of the same in such manner as
(hey think fit. Certificates or other documents of title relating to shares forfeited
mder 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 sams due upon the shares, the Secretary of the Company shall
iorward to the Registrar of Companies at Shanghai a return signed by the auditor
of the Company giving particulars of the shares issued, of the amounts paid thereon,
of the shares in respect of which default has been made in payment of sums, due, and
of the shares forfeited.
vith (4)the Ifprovisions
shares are issuedarticle,
of this by aorChina
if otherCompany
default isohmade
termsin which fail therewith,
complying to comply
he Company, and every Director, Manager, Secretary, and other Officer, who is
(howingly a party to such issue or default, shall be guilty of an offence, and shall be
iable to a finenot exceeding 500 dollars for every day during which such offence
(ontinues.
(5) Where on application made it is established to the satisfaction of the Court
hat there has been a failure to comply with the provisions of this article through
nadvertence or accidental miscalculation or from some other reasonable cause, and
lot from any want of good faith, the Court may, if under all the circumstances it
sonsiders it just so to do, give relief from any forfeiture or penalty which has been
incurred by the applicant, or to which he is, or may be, liable upon such terms as it
may think fit.
j vCompany(6) The afterprovisions of thisthis
the date when Article
Ordershall onlyinto
comes apply to shares issued by a China
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
;3ther than a British Subject shall be a Member of the Company, or that any Member
if the Company who is not a British Subject shall deposit in Court or give security
f for or conform to such arrangement as the Minister shall think fit, for ensuring the
| payment of the amount for which he would be liable under the guarantee.
(3) If any China Company limited by guarantee operates in China without the
, consent of the Minister, or if any terms imposed by him as a condition of his
consent are not complied with, the Company and every Director, or Manager, Secre-
tary, and other Officer, who is knowingly a party thereto, shall be guilty of an
| offence, and shall be liable to a fine not exceeding 500 dollars for every day” during
which such offence continues.
110 THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915
(4) Where on application made it is established to the satisfaction of the Court
that there has been a failure to comply with the provisions of this article through ,
inadvertence or accidental miscalculation or from some other reasonable cause, and
not from any want of good faith, the Court may, if under all the circumstances it i
considers it just so to do, give relief from any forfeiture or penalty which has '
been incurred by the applicant, or to which he is, or may be, liable upon such terms
as it may think fit.
(5) The provisions of this article shall not apply to China Companies limited by i
guarantee operating in China at the date of this Order.
15. —(1) Subject to the provisions of this Order, th
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 j
euactment applicable in England were referred to therein.
(3) The duties of the Governor, or of the Governor in Council, or of the Colonial i
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
(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 j
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, it,
committed within the limits of this Order, be prosecuted summarily under Article1■
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 1
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 forcei 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’^
Principal Secretaries of State, is to give the necessary directions herein
Almeric Fitzrot.
fTHE CHINA (COMPANIES) AMENDMENT ORDER IN
COUNCIL, 1919
At the Court at Buckingham Palace, the 9th day of October, 1919
Present :—
The King’s Most Excellent Majesty
Lord Steward Sir Francis Yilliers
Mr. Secretary Shortt Sir George Buchanan
Whereas by treaty, grant, usage, sufferance, and other .awful means, His
Majesty the King has jurisdiction in China:
And whereas it is desirable to make further provision with reference to the
exercise of jurisdiction over British companies carrying on business within the limiot
ofjthis Order :
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
hehalf 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.”
j. 2. In this Order:—
“ The Fire and Marine Insurance Companies Ordinance ” means “ The Fire
and Marine Insurance Companies Ordinance, 1917, of the Colony of
Hongkong,” and includes any Ordinance amending or substituted for
the same.
“The Ordinance” means “The Companies Ordinance, 1911, of the Colony
of Hongkong,” and includes any Ordinance amending or substituted
for the same.
t| 3. Where the general or substantial control of the business of a Company incor-
(i porated under the Ordinance is exercised by a person or persons ordinarily resident
jwithin the limits of this Order, such Company shall, irrespective of the place at which
the Board of Directors may meet, or of any other circumstances, be deemed to be a
Company of which the operations are directed and controlled from a place within the
limits of this Order and shall be a China Company within the meaning of “ The
China (Companies) Order in Council, 1915.”
4. (1) No person, other than a British subject resident within the limits of
j 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
Table 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
i authorizes or permits the default shall be liable to the like penalty.
112 THE CHINA (COMPANIES) AMENDMENT OEDEE 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 with the Registrar of Companies at Shanghai, and a copy of all
such documents and other written information shall, in the case of a Hongkong
China Company, be filed with the Registrar of Companies at Shanghai.
6. —(1) The provisions of the Fire and Marine Insu
shall be applied to China Companies and Hongkong China Companies.
(2) All acts done within the limits of this Order in pursuance of the Firej
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 vyith the pro-
visions of this Order.
7. —(1) Subject to the provisions of this Order the
respect of China Companies and Hongkong China Companies shall be exercised, sol
far as circumstances admit, in conformity with the provisions of the Fire and Marine]
Insurance Companies Ordinance.
(2) The duties of the Governor or of the Governor in Council under
Sections 5 (2), 5 (5), 6 (2), and 7 (1), and of paragraphs 2, 3 and 7 of the First;
Schedule of the Fire and Marine Insurance Companies Ordinance shall, within the
limits of this Order, be exercised by the Minister.
(3) All offences under the Fire and Marine Insurance Companies Ordinance
made punishable by fine may, if committed within the limits of this Order, be pro-j
secuted summarily under Article 48 of “ The China Order in Council, 1904,”
provided that the maximum fine which can be imposed in the case of offences tried
summarily shall be <£200 instead 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 cdine into effect on the first day of January, 1920.
And the Right Honourable Arthur James Balfour, O.M., one of His Majesty’s!
Principal Secretaries of State, is to give the necessary directions herein.
Almebic Fitzkot.
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
s authorized by Order in Council to fix the fees to be taken in respect of any matter
>r 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
idded to, and that fees should be created in respect of the attendance of Consular
)fficers 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
ileased, by and with the advice of His Privy Council, to order, and it is hereby
)rdered, 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
sstablished, and the said Table shall be construed as part of this Order.
3. This Order shall come into operation on such date as His Majesty’s Consul-
general at Shanghai shall appoint.
4. This Order shall extend to all places in China and Corea.
And the Right Honourable Sir Edward G-rey, 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 10Z 2 6
10Z. and under 50Z. ... 5 0
50Z. and under 100Z 7 6
100Z. or upwards 10 0
For each complete 100Z. not exceeding a total fee of 5Z.
2. On each subsequent communication in writing to the China
authorities ... 2 6
3. Hearing fee on each attendance of the Assessor at a sitting
of the Court ... 10 0
114 TABLES OF OONSULAE FEES
TABLES OF CONSULAR FEES
TEXT OF RECENT SINO-FOREIGN
TREATIES, ETC.
[Declaration of the Nationalist Government on July 7, 1928.]
On July 7, 1923, the Ministry of Foreign Affairs of the Nationalist Gov-
rnment* made the following declaration (translation) on the conclusion of
lew Treaties wit.h the Powers:
“The Nationalist Government, with a view to adapting themselves to the
•resent day circumstances and with the object of promoting the welfare of
,nd the friendly relations between China and different countries, have always
onsidered the abrogation of all the unequal Treaties and the conclusion of
lew Treaties on the. basis of equality and mutual respect for territorial
overeignty as the most pressing problem at the present time. These aims have
een embodied in declarations repeatedly made by the Nationalist Government.
“Now that the unification of China is an accomplished fact, it is the task
>f the Nationalist Government to make every effort to fully realize these aims,
fy’hile they will continue to afford protection to foreign lives and property in
3hina, according; to law, the Nationalist Government hereby make the follow-
ng specific declaration with regard to all the unequal Treaties:
“(1) All the unequal Treaties between the Republic of China and other
ountries, 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,
n accordance with proper procedure, those unequal Treaties which have not
ret expired, and conclude new Treaties.
“(3) In the case of old Treaties which have already expired, but which
lave not yet been replaced by new Treaties, the Nationalist Government will
iromulgate appropriate interim regulations to meet the exigencies of such
lituation.”
Interim Regulations.
At the same time the Nationalist Government issued the following Pro-
irisional Regulations Governing the Relations between China and the Powers
after the Abrogation of the Old Treaties and pending the Conclusion of New
Treaties: —
“1 Foreign countries and foreigners, as designated in these Regulations,
apply only to those foreign countries and the nationals thereof whose Treaties
with China have already expired, and with whom new Treaties have not yet
Jbeen concluded.
“2 All diplomatic officials and consular officials of foreign countries sta-
tioned in China shall be entitled to proper treatment accorded under inter-
•pational law.
“3. The persons and properties of foreigners in China shall receive due
protection under Chinese Law.
“4. Foreigners in China shall be subject to the regulations of Chinese Law
and
f
the jurisdiction of Chinese Law Courts.
,Republic
' * Sime October 10, 1928, the English designation has been altered to the “National Government of the
of China.”
118 SINO-FOREIGN TREATIES
“5. Pending the enforcement of the National Tariff Schedule, the regular
customs duties on commodities imported into China from foreign countries
or by foreigners, and those exported from ;Chtna to foreign countries, shaP
be collected in accordance with the existing tariff schedule.
shall“6.beAllpayable
taxes and dutiesby;which
equally Chinesein citizens
foreigners ar^ under
accordance obligation
with the law. to pay
"7. Matters not provided for by the foregoing Regulations, shall be dealt
with in accordance with International Law and Chinese Municipal iLaw-’?
TREATIES WHICH HAVE EXPIRED
Treaties covered by the first item of the Nationalist Government’s de-
claration of July 7, 1928, are the Sino-French Conventions relative to the
overland trade between the Chinese frontier and French Indo-China, as well
as the Sino-Japanese, Sino-Belgian, Sino-Spanish, Sino-Portuguese, Sino-.
Italian and 'Sino-Danish Commercial Treaties.
The Sino-French Convention of Tientsin of April 25th, 1886, the Sino-
French Additional Commercial Convention of June 26th, 1887, and the Sino-
Freqch Supplementary Convention of June-20th, 1895, expired simultaneously
on August21st.7th,^896,
of July, 1926. together
The Sino-Japanese Treaty of Commerce
with the Supplementary Treaty and Navigation
of October eth,
1903, expired qn 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-
Portugiiese Treaty of Commerce and Navigation of December 1st, 1887 ex-
pired 6n April 28th, 192,8. The Sino-Italian Treaty of Peking of October 96th,
1866, and the Sind-Danish Treaty of Tientsin of July 13th, 1863, expired
simultaneously on June 30th. 1928.
With these Powers the Nationalist Government carried on diplomatic
correspondence and negotiations for the purpose of concluding new Treaties.
The texts of the Treaties resulting therefrom follow.
SINO-AMERICAN TARIFF TREATY
Treaty regulating Tariff Regulations between the Republic of China
and the United States of America.
The Republic of China
animated by an earnest desire and tothemaintain
United the
States
goodofrelations
America,which
bothhappily
being
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 r
oi (Jinna :
Mr. T, V. Soong Minister of Einance of the Nationalist Govern-
ment of the Republic of China;
The Mr
President
J
of the United States of America:
- Plenipotentiary
P , Y- f MacMurray. Envoy States
of the Lmted Extraordinary
of Americaand Minister
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
SINO-FOREIGN TREATIES 119
I Article I.—All provisions which appear in the treaties hitherto concluded
Had in force between 'China and the United States of America relating to rates
If duty on imports and exports of merchandise, drawbacks, transit dues and
Minage dues in China shall be annulled and become inoperative, and the
principle of complete national tariff autonomy shall, apply subject, however,
> the condition that each of the High Contracting parties shall enjoy in the
jrrttories of the other with respect to the above specified and any related
lathers, treatment in no way discriminatory as compared with the treatment
ecorded to any other country.
The nationals of neither of the High Contracting Parties shall be com-
elied under any pretext whatever to pay, within the territories of the other
arty any duties, internal charges or taxes upon their importations and ex-
lortions other or higher than those paid by nationals of the country or by
ationals of any other country.
The above provisions shall become effective on January 1, 1929, provided
hat the exchange of ratifications hereinafter provided shall have taken place
y that date; otherwise, at a date four months subsequent to such exchange
f ratifications.
Article II.—The English and Chinese texts of this Treaty have been care-
ully compared and verified; but, in the event of there being a difference of
leaning between the two, the sense as expressed in the English text shall be
eld fro prevail.
This Treaty shall be ratified by the High 'Contracting Parties in accordance
rith their respective constitutional methods, and the ratifications shall be
xchanged in Washington as soon as possible.
In testimony whereof, we, the undersigned, by virtue of our respective
lowers have signed this Treaty in duplicate in the English and Chinese
anguages and have affixed our respective seals.
I Done at Peiping, the 25th day of the 7th mouth of the 17th year of the
iepubiic of China, corresponding to the 25th of July, 1928.
(Signed) T. Y. 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 the French).
On September 29, l^S, Dr C. T. Wang sent to Mr. Cosm^ the French
Chargb d’Affaires at Peiping, a Note, suggesting that the tariff relations
between China and France be readjusted on the basis of the principles which
ahad been proposed to the British and other friendly Governments As a result
jof the subsequent negotiations between iDr. Wang and Count de Martel, the
IFrench Minister, the following treaty was concluded on December 22, 1928 :
The Republic of China and the French Republic, animated by the desire
ito further consolidate the ties of friendship wffiich happily subsist between
Ithe two countries and to develop their commercial relations, have decided to
Joonclude a Treaty and have, for this purpose, named as their respective Pleni-
Ipobentiaries, that is to say:
120 SINO-FOREIGN TREATIES
The President of the National Government of the Republic of China:
His Excellency Dr. Chengting T. Wang, Minister for Foreign
Affairs of the National Government of the Republic of China;
The President of the French Republic:
His Excellency Count ID. de Martel, Minister Plenipotentiary and
Envoy Extraordinary of the French Republic to China, Com-
mander de la Legion d’Honneur,
Who, having communicated to each other their full powers, found in good:
and due form, have agreed upon the following Articles:
Article. I.—All the piovisions which appear in the treaties hitherto con-
cluded and in force between China and France relating to rates of duty on!
imports and exports of merchandise, drawbacks, transit dues and tonnage
dues in China shall be annulled and become inoperative, and the principle,
of complete autonomy shall henceforth apply in respect of the Customs tariff
and related matters,
Contracting subject,enjoy
Parties shall however,
in theto territories,
the condition that eachcolonies
possessions, of the High
and!
protectorates of the other, in relation to the above specified and related mat-1
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 I
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 i
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 oil 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 atyear
seventeenth Nanking
of the this twenty-second
Republic of China, day of the twelfth
corresponding to the month of the]
twenty-second!
day of December, nineteen hundred and twenty-eight.
(Signed) Chengting T. Wang.
(Signed) D, de Martel.
THE SINO - NO EW E GIAN v S LNO-NET1LE RLA,N Dn,
AND SINO SWEDISH TREATIES
,, On
the September^,
Netherlands 1920,E>r.
Minister C T.Norwegian
Wang sent practically Charge
identical notes to-
at Peiping, suggesting the and the
following points forandthe Swedish
readjustment of d'theAffaires%
tariff
relations between China and the Powers concerned
1. All provisions, contained in the treaties now existing between China and'
.......... leiating
drawbacks, transittodues
ratesandoftonnage
duty onduesimports and shall
in China exports of, merchandise,"]
be annulled and the-'
principle of complete national tariff autonomy shall apply.
2. In Customs and related matters the principle of reciprocal and undia-
ermnnatory treatment shall apply.
SINO-FOREIGN TREATIES 121
3. Contemplated Treaty to become effective on January 1st, 1929, if ratili-
itions have been exchanged before that date, otherwise on the day of such
cchange of ratifications.
The texts of the iSino-Norwegian, Sino-Netherlands, and Sino-Swedish
eaties, signed respectively on November 12, December 19, and December 20,
re 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
y an earnest desire to maintain the good relations which happily subsist
itween the two countries, and wishing to extend and consolidate the com-
lercial intercourse between them, have, for the purpose of negotiating a treaty
bsigned 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.;
ho, having met and duly exchanged their full powers, which have been found
>r be in proper form, have agreed upon the following Articles:
Article L—All provisions which appear in the treaties hitherto concluded
nd in force between China and Norway relating to rates of duty on imports
nd exports of merchandise^ drawbacks, transit dues and tonnage dues in
hina shall be annulled and become inoperative, and the principle of eom-
lete national tariff autonomy shall apply subject, however, to the condition
lat each of the High Contracting Paities shall enjoy in the territories of
le other' with respect to the above specified and any related matters treatment
i> no way discriminatory as compared with the treatment accorded to any
bher country.
The nationals of neither of the High Contracting Parties shall be com-
elled under any pretext whatever to pay within the territories of the other
’arty any duties, internal charges or taxes upon their importations and ex-
ortations other or higher than those paid by nationals of the country or by
ationals of any other country.
Article II.—The English and Chinese texts of the present Treaty have
een carefully compared and verified; but, in the event of there being a
ifference of meaning between the tw;o, the sense as expressed in the English
jpxt shall be held to prevail.
; The present Treaty shall be ratified as soon as possible and shall come into
jrce on the day on which the two Governments shall have notified each other
aat the ratification has been effected.
In testimony whereof the respective Plenipotentiaries have signed the pre-
*nt Treaty in duplicate in the Chinese and English languages and have affixed
lereto their seals.
Done at Shanghai this twelfth day of the eleventh month of the seven-
senth year of the Republic of China, corresponding to the twelfth day of
rovember, nineteen hundred and twenty-eight.
(Signed) Chengting T.andWang,
Plenipotentiary Minister of
Foreign Affairs of the National
Government of the Republic of
China.
(Signed) N. Aall,
Plenipotentiary and Chargi d’Af-
faires of Norway in China.
SINO-FOREIGN TREATIES
Treaty Regulating Taxifi Relations between the Republic of China and
the Kingdom of the Netherlands.
The National Government of the Republic of China and Her Majesty tk<
Queen of the Netherlands, animated by an earnest desire to consolidate th<
ties of friendship which happily subsist between the two countries and t<
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 respectiv<
Plenipotentiaries, that is to say:
His Excellency the President of the National Government of the Relj
public bf China :
Or. Chengting T. Wang, Minister for Foreign Affairs of
National .Government of the Republic of China;
Her Majesty the Queen of the Netherlands:
Mr. Willem Jacob Oudendijk, Commander in the Order of Grtt.ng«
'Nassau, Knight in the Order of the Netherlands Lion, Hen
Majesty’s Envoy Extraordinary and Minister Plenipotentiary
in China;
Mho, having communicated to each other their respective full powersl
found in good and due form, have agreed upon the following Articles:
Article L—All provisions which appear in the treaties hitherto concluded!
and in force between China and the Kingdom of the Netherlands relatindi
to rates of duty on imports and exports of merchandise, drawbacks, transit
dues and tonnage dues in China shall be annulled and become inoperativei'
and the principal
however, of complete
to the condition that national
each of tariff autonomy
the High shall apply
Contracting Partiessubjects
shall’
enjoy in the territories, possessions and colonies of the other, with respeci
to the above specified and any related matters, treatment in no way dliscril
minatory as compared with the treatment Recorded to any other countyv. I;
The nationals of neither of the High Contracting Parties shall be comi
pelled ubderof any
or colonies pretextParty
the other whatever to payinternal
any duties, within charges
the territories posseesioni
or taxes upon tfaeifi
importations and exportations other or higher than those paid by nationals c
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 differenci
of meaning between these texts, the sense as expressed in the Enirlish tex
shallArtlcl€
prevail.111
Parties
u as soon "The present and
as possible Treaty
the shall be ratifiedof byratification
instruments the High shall
Contractini-
be en
changed at Nanking Tt shall come into force on the day on which the tw
Governments shall have notified each other that the ratification has beei
effected.
In faith whereof, the respective Plenipotentiaries have signed the present
Treaty in duplicate and have affixed thereto their seals ^
Hone at Nanking, this nineteenth day of the twelfth month of the seve
teenth year ot the Republic of China, correspondingg to the nineteen d^v
te€D day
December, nineteen hundred and twenty-eight.
(Signed) Chenoting T. Wang
(Signed) W. J. Oudendijk
SINO-FOREIGN TREATIES 123
|“
I Treaty Regulating Tariff Relations between China and Sweden.
The Republic of China and the Kingdom of Sweden, mutually animated
y a desire to maintain the ties of friendship which happily exist between
he two countries and wishing to consolidate and extend the commercial in-
ercourse between them, have for the purpose of negotiating a treaty designed
o 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 intenm. of Sweden in
China :
Who, having exchanged their full powers found to be in due and proper
orm, have agreed upon the following treaty between the two countries.
Articlebetween
n force I.—AllChina
provisions which appear
and Sweden relatingintotreaties
rates ofhitherto
duty onconcluded
imports andand
xports of merchandise, drawbacks, transit dues and tonnage dues in China
hall be annulled and become inoperative, and the principle of complete na-
ional tariff autonomy shall apply subject, however, to the condition that each
if the High Contracting Parties shall enjoy in the territories of the other
vith respect to the above specified and any related matters treatment in no
vay discriminatory as compared with the. treatment accorded to any other country .
The nationals of neither of the High Contracting Parties shall be com-
jelledduties,
my underinternal
any pretext
chargeswhatever
or taxestoupon
pay, their
withinimportations
the territories
and ofexportations
the other,
>ther or higher than those which are paid by nationals of the country or by
lationals of any other country.
Article II.—The present Treaty has been drawn up in two copies in
Chinese, Swedish and English, In case of any difference of interpretation,
;he English text shall prevail.
Article III.—The present Treaty shall be ratified as soon as possible by
;he High Contracting Parties in accordance with their respective constitutional
irocedure, by Sweden subject to the approval of the Riksdag, and shall come
nto force on the day on which the High Contracting Parties shall have notified
>ach other that ratification has been effected.
In testimony whereof, we, the undersigned, by virtue of our respective
sowers have signed this Treaty and have affixed our respective seals.
Done at Nanking the twentieth day of the twelfth month of the seven-
;eenth year of the Republic of China, correspionding to the twentieth day of
December, nineteen hundred and twenty-eight.
(Signed) Chengting T. WCxg.
(Signed) Carl Leijonhufvud.
THE SINO-BRITISH TREATY
in a Note dated August 30, 1928, Dr. Wang suggested to Sir Miles Lamp
•on, British Minister to, China, the readjustment of the tariff relations be-
tween China and Great Britain along the lines which were later propossed
do the Norwegian, Netherlands and Swedish Governments.
The new Sino-British tariff treaty was signed on December 20. 1928. The
Dext of the treaty is given below:
124 SINO-FOEEIGN TEEATIES
Tariff Autonomy Treaty between China and Great Britain.
His Excellency, the President of the National Government of the K«
public of China, and
His Majesty the King of Great Britain, Ireland and the British Dominion
beyond the Seas,
Desiring Emperor oftheIndia.
to strengthen good relations which happily exist betwee)
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 appointej
as their plenipotentiaries.—
His Excellency, the President of the National Government of the Ee
public of China:
His Excellency, Doctor Chengting T. Wang, Minister for Foreig^
Affairs of the National Government of the Eepublic of China ^
His Majesty the King of Great Britain, Ireland and the Britis!
Dominions beyond the Seas, Emperor of India; For Great
Britain and Northern Ireland :
Sir Miles Wedderburn Lampson, K.C.M.G., C.B., M.V.O., Hi
Majesty’s Envoy Entraordinary and Minister Plenipotentiarl
to the Eepublic of China;
Who, having communicated their full powers, found in good and due fori
have agreed as follows: —
Article I.—It is agreed that all provisions of the existing treaties betweej
the High Contracting Parties which limit in any way the right of China t
settle her national customs tariff in such way as she may think fit are herebl!
abrogated, and that the principle of complete national tariff autonomy sha
apply.
Article II. —The nationals of either of the High Ctmtractine Parties sha.
not be compelled under any pretext whatsoever to pay in the territories <
His Britannic Majesty to which the present Treaty applies and China re
pectively any duties, internal charges or taxes upon goods imported or ei
ported
origin byby British
them other
and than
Chineseor higher
nationalsthanrespectively,
those paidoronbygoods of theof sanj
nationals ai]
other foreign country
Article III -His Britannic Majesty agrees to the abrogation of all pnW
sions of the existing treaties between the High Contracting Parties whid
limit the right of China to impose tonnage dues at such rates as she m?
think fit.
In regard to tonnage dues and all matters connected therewith Chinei
ships in those territories of His Britannic Majesty to which the present treai
applies and British ships in China, shall receive treatment not less favourab
than that accorded to the ships of any other foreign, country.
Article TV —The present treaty shall be ratified and the ratifications sha
bedateexchanged
on which intheLondon as soonshall
two Parties as possible. It shall
have notified each come
otherinto
thatforce on t
ratificatp
has been effected.
The Chinese and English texts of the present treaty have been careful
compared
between theandtwoverified; but asin the
the sense event ofin there
expressed being a text
the English difference
shall ofbe meanii
held I
prevail. *
In witness whereof the respective plenipotentiaries have signed the presej1
treaty m duplicate, and have affixed thereunto their seals
Done at Nanking, the twentieth day of the twelfth month of the seve
teenth year of the nepublic of China, correspondingg to the twentieth day '
December, nineteen hundred and twenty-eight. e.tieth day
(Signed) Chengttng T. Wang.
(Signed) Miles W. Lampson.
THE SINO-POBTUGUESE TREATY
On April I6th, 1928 General Huang Fu, then Nationalist Minister tor
foreign affairs, notified Mr. J. A. Bianchi, the Portuguese Minister, that the
3ino-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-
nated by the desire to strengthen the ties of friendship which have happily
mbsisted between the two countries for more than four hundred years and to
)remote and consolidate their commercial relations, have resolved to conclude
i Preliminary Treaty of Amity and Cbmmerce, and have for this purpose,
lamed 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,
Officer of the Order of St. Tiago de Espada and Grand Cross of
Chia Ho, Envoy Extraordinary and Minister Plenipotentiary
of the Republic of Portugal to China;
Who, having met and communicated to each other their respective full
•! lowers, found in good and due form, have agreed upon the following Articles:
; Article I.—The two High Contracting Parties agree that the customs tariff
und all matters related thereto shall be regulated exclusively by their respective
iiational
1 legislations.
It is further agreed that each of the two High Contracting Parties shall
ihnjoy in the territories of the other, with respect to customs and all related
hnynatters, othertreatment
country. in no way less favourable than the treatment accorded to
j The nationals of each of the two High Contracting Parties shall not be
impelled, under any pretext whatever, to pay within the territories of the
jither Party any duties, internal charges or taxes upon the importation or
Exportation of merchandise, higher or other than those paid by the nationals
>f the country or by the nationals of any other country.
; Article II.—The nationals of each of the two High Contracting Parties
il shall be subject, in the territories of the other Party, to the laws and jurisdic-
'ion of the law courts of that Party, to which they shall have free and easy
iccess for the enforcement and defence of their rights
! Article III. -The two High Contracting Parties have decided to enter
is>f Commerce
soon as possible into negotiations
and Navigation based onforthetheprinciples
purpose ofof absolute
concluding a Treaty
equality and
i'1 ion-discrimination 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 English. In case of any difference of interpretation,
he English text shall be held to prevail.
SINO-FOREIGN TREATIES
Article Y.—The present Treaty shall be ratified as soon as possible and th<
ratifications shall be exchanged at Nanking. It shall come into force on th<
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 tM
present Treaty in duplicate and have affixed their seals thereto.
Done at Nanking this twenty-second day of the eleventh month of thej
seventeenth year of the Republic of China corresponding to the twenty-second
■lay of November, nineteen hundred and twenty-eight.
(Signed) Chengting T. Wang
Plenipotentiary and Minister fo*
Foreign Affairs of the Nationd
Government of the Republic
China.
(Signed) Baron J. Guillaume
Plenipotentiary and Charge d’Af
faires ad interim of Belgium >'r
China.
THE SINO-SPANISH TREATY
On November 24, 1927, Dr. O. C. Wu, then Nationalist Minister for Foreigni
Affairs, notified Mr. Garrido, the Spanish Minister at Peiping (Peking) tha#
the Sino-Spanish Treaty of October 10, 1864, had expired and become ini
operative. Shortly afterwards, on December 2, the following Provisional Re-1
gulations pending the conclusion of a new Sino-S,panish Treatv were issued?"
by the Nationalist Government: " ®
Provisional Regulations Pending Conclusion of New Treaty between China j
and Spain. ,
(1 ) The Diplomatic and Consular representatives of Spain in China)
•hall receive the treatment accorded to such officials by the general rules < *
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-treat^
countries.
(5) Imports into China from Spain or by Spanish subjects and export*
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 lawi
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
iy the desire to strengthen the ties pf friendship which happily subsist between
;he two countries and to promote and consolidate their commercial relations,
[ave resolved to conclude a Preliminary Treaty for Amity and Commerce,
nd have, for this purpose, named as their Plenipotentiaries, that is to eay ;
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 .Tusto 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:
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 legislation.
It is further agreed that each of the High Contracting Parties shall enjoy
in the territories of the other, with regard to customs and all related matters,
treatment in no way less favourable than the treatment accorded to any other
country.
The nationals of each of the High Contracting Parties shall not be com-
pelled, under any pretext whatever, to pay within the territories of the other
Party any duties, internal charges or taxes upon the importation or exporta-
tion of goods, other or higher than those paid by the nationals of the country
or by the nationals of any other country.
Article 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 IV.—The present Treaty has been drawn up in two copies in the
Chinese, Spanish and English languages. In the event of there being
(any difference of meaning, the English text shall be held 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.
j (Signed)' Chengting T. Wang.
(Signed) Gabrido Y. Cisneros.
THE SINO-BELGIAN TREATY
On August 4, 192S, Dr. Charge d’Affaires a,t 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:
Prsliminary Treaty of Amity and Commerce between the Republic of
China and the Union of Belgium and Luxemburg.
The National Government of the Republic of China and His Majesty the
King of the Belgians, acting in his name and in the name of Her Royal
Highness the Grand Duchess of Luxemburg in virtue of existing agreements,
being mutually animated by a desire to further strengthen the ties of friend-
ship already happily existing between China and the Union of Belgium and
Luxemburg, have decided to conclude a Preliminary Treaty of Amity and
Commerce and have, for this purpose, named as their plenipotentiaries that
is to say: ■ -
His Excellency
public oftheChina:
President of the National Government of the Re-
Dr. Chengting T. Wang, Minister for Foreign Affairs of the
National Government of the Republic of China;
His Majesty the King of the Belgians:
Baron.J. Guillaume, Charge d'Affaires ad interim of Belgium in
China;
Who, having exchanged their full powers found to be in due and proper
form, have agreed upon and concluded the following Articles:
Article l.-ythe two High Contracting Parties recognize that, in the matter
of customs and all related matters, they are on a footing of perfect equality,
and on the basis of this principle they agree that such matters shall be re-
gulated exclusively by their respective national laws.
It is further agreed that, in respect of all questions of customs as well
as all questions relating thereto, neither of the two High Contracting Parties
shall be subject, in the territory of the other, to a treatment less favourable
than that accorded to any other country.
In no case shall the nationals of one of the High Contracting Parties be
compelled to pay, in the territory of the other, with respect to the importation
as well as exportation of merchandise, customs dues, transit taxes or taxes
of any other kind other or higher than those which are paid by the’ nationals
or the nationals of any other country.
shallArticle II—Thein nationals
be subject, of each
the territory of theof other
the twoParty,
HightoContraction Parties
the laws and the
jurisdiction of the law courts of that Party.
Article III—The two High Contracting Parties shall as soon as possible i
enter into negotiations with a view to the conclusion qf a Treaty of Com-
merce and Navigation based upon the principle of reciprocity and equality H !
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 129
Article V.—The present Treaty shall be ratified as soon as possible and
shall come into force on the day on which the two Governments shall have
lotified each other that the ratification has been effected.
In faith whereof, the respective Plenipotentiaries have signed the present
Creaty and have affixed thereunto their seals.
Done at Nanking this nineteenth day of the twelfth month of the
leventeenbh year of the Republic of China, corresponding to the nineteenth day
>f December, nineteen hundred and twenty-eight.
(Signed) Chbngtinc, T. Wang.
(Signed) J040 Antonio de Biancht.
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
ihe two countries and to promote and consolidate their commercial relations
lave resolved to conclude a Preliminary Treaty for Amity and Commerce, and
lave, for this purpose, named as their Plenipotentiaries, that is to say:
His Excellency the President of the National Government of the Re-
public of China:
Dr. Chengting T. Wang, Minister for Foreign Affairs of the Na-
tional Government of the Republic of China:
His Majesty the King of Italy:
Mr. Daniele Vare, Commander of the Order of the Crown of Italy,
Officer of the Order of S.S. Maurice and Lazarus, Envoy Ex-
traordinary and Minister Plenipotentiary of His Majesty the
King of Italy to China;
Who, having met and communicated to each other their respective full
powers, found in good and due form, have agreed upon the following
Articles:
Article I.--The two High Contracting Parties agree that the Customs
tariff and all matters related thereto shall be regulated exclusively by their
respective national legislations.
It is further agreed that each of the High Contracting Parties shall en-
joy in the territory of the other, with regard to customs and all related mat-
ters, treatment in no way less favourable that the treatment 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 defpnce 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-discrimination in their commercial relations and mutual respect for
sovereignty.
Article IV. The present Treaty has been drawn up in two copies in the
Chinese, Italian and English languages. It the event of there being any
difference of meaning, the English 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.)
(Sighed) Chengting 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 Mr
Majesty the King of Denmark and Iceland:
- Plenipotentiary
Henrik de Kauffmann,
of His Envoy
Majesty Extraordinary and Minister
the King of Denmark and
Who havingIceland, to China;
met and communicated to each other their respective full
p0 0U d g0 0d U fo m hav
T^ ? TV, + t n / > eParties
agreed agree
upon that
the following articles:
the Customs tariff
"e “"tSnri leSlaHonl ^ ' '* reg”lated ^ reop.c-
It is further agreed that each of the High Contracting Parties shall eniov
in the territory of the other, with regard to Customs and all related maSrs
treatment m no way less favourable than the treatment accorded to anyJ -ther
country. ~
SINO-FOREIGN TREATIES 131
I 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
a access for the enforcement and defence of their rights.
| Article III.—The two High Contracting Parties have decided to enter as
ji soon as possible into negotiations for the purpose of concluding a Treaty of
I Commerce and Navigation based on the principles of absolute equality and
non-discrimination in their commercial relations and mutual respect for
sovereignty.
ArticleDanish
j Chinese, IV.—The present Treaty
and English has been
languages. In thedrawn
eventupof inthere
twobeing
copiesanyin dxf
the
j 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
Governrn,ent of the Republic of
China.
(Signed) Henri Kauffmann,
Envoy Extraordinary and Minis-
ter Plenipotentiary of His Majesty
the King of Denmark and Ice-
land, to China.
THE SINO-GEKMAN 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
f 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 P.e-
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 SINO-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 treatment as compared with the treatment accorded to any other
country.
The nationals of each of the High Contracting Parties shall under no
circumstances be compelled to pay within the territories of the other Party
higher or other duties, internal charges or taxes whatsoever upon the importa-
tion or exportation of goods than those paid by nationals of the country
or by nationals of any other country
The provision in the exchange of notes annexed to the Sino-German agree-
ment of May 20, 1921, according to which German import goods shall pay
duties in accordance
application with the Tariff
of the Automous GeneralRegulations,
Tariff Regulations
shall be prior
herebytoannulled
the general
Article II.- The two High Contracting Parties will enter as soon as pos-
sible into negotiations for the purpose of concluding a Treaty of Commerce
and Navigation based on the principle of perfect parity and equality of treat-
ment.
Article III. The present treaty has been drawn up in Chinese, German and
English; in case of a difference of interpretation the English text shall pre-
vail.
Article TV.—The present treaty shall be ratified as soon as possible and
shall become valid on the day on which the two Governments shall have noti-
fied each other that the ratifications have been effected.
Done in duplicate at Nanking on the seventeenth day of the Eighth month1
of the seventeenth year of the Republic of China, corresponding to the seven-
teenth day of August, nineteen hundred and twenty-eight.
(Signed) Chengting T. Wang.
(Signed) H. Von Borch.
THE ANTI-WAR TREATY (KELLOGG PACT)
1.—UNITED STATES, INVITATION TO CHINA.
Legation of the United States of America
Excellency: Peking, August 27, 1928.
r J ^ao,efthe3 honour to inform
Be myou that06 the Governments of Germany th
Great
Vcu /pfunH South
New Zealand WW?-' irTIrish
Africa The ’. J™ Free ’ State, India,
Britain,Italy,
Canada.
JapanAustralia
Polanc
and Czeeho-Slovakia have this day signed m Paris a treaty binding them t
renounce war as an instrument of national policy m their relations with on
another and to seek only by pacific means the settlement of Or solution of al
disputes which may arise among them
Affairs of the French Republic, submitted to my Government draft^.f sTpac
of perpetual friendship between France and the United States.a In the tour
oforiginal
the subsequent
signatoriesnegotiations this idea
of the anti-war treatywasnotextended so asandto the
only France incluT
Fnit"a
KELLOGG PACT 133
iitates but also Japan, the British Empire and all the Governments which
participated with France and Great Britain in the Locarno agreements, namely,
pelgium, Czecho-SJovakia, Germany, Italy, and Poland. This procedure met
i|he point raised by the British Government in its note of May 19, IGES, where
t stated that the treaty from its very nature was not one. which concerned that
Government alone but was one in which that Government could not undertake
o participate otherwise than jointly and simultaneously with the Government
n the Dominions and the Government of India; it also settled satisfactorily
•he question whether there was any inconsistency between the new treaty and
he treaties of Locarno, thus meeting the observations of the French Govern-
nent as to the necessity of extending the number of original signatories.
The decision to limit the original signatories to the Powers named above,,
hat is, to the United States, Japan, the parties to the (Locarno treaties, the
Iritish (Dominions, and India was based entirely upon practical considerations.
It was the desire of the United States that the negotiations be successfully con-
iluded at the earliest possible moment and that the treaty become operative
vithout the delay that would inevitably result were prior universal acceptance
nade a condition precedent to its coming into force. My Government felt,
noreover, that if these Powers could agreed upon a simple renunciation of
var as an instrumtnt of national policy, there could be no doubt that most if
lot all the other Powers of the world would find the formula equally acceptable
md would hasten to lend their unqualified support to so impressive a move
nent for the perpetuation of peace. The United States has. however, been
anxious from the beginning that no state should feel deprived of an opport-
mity to participate promptly in the new treaty and thus not only align
!tself formally and solemnly with this new manifestation of the popular demand
or world peace but also avail itself of the identical benefits enjoyed by the
)riginal signatories Accordingly, in the draft treaty proposed by it. the
United States made specific provision for participation in the treaty by any
md every Power desiring to identify itself therewith and this same provision
is found in the definitive instrument signed to-day in Paris. It will also be
observed that the Powers signing the treaty have recorded in the preamble-
;heir hope that every nation of the world will participate in the treaty and
In that connection I am happy to be able to report that my Government has
already received from several Governments informal indications that they are
orepared to do so at the earliest possible moment. This cbnvincing evidence
of the world, wide interest and sympathy which the new treaty has evoked is
most gratifying to all the Governments concerned.
In these circumstances I have the honour formally to. communicate to
Your Excellency for your consideration, and for the approval of your Gov-
ernment, if it concurs therein, the text of the abbve-mentioned treaty as
signed to-day in Paris, omitting only that part of the preamble which names
the several plenipotentiaries. The text is ais follows :
“The President of the German Reich, the President of the United States
of America, His Majesty the King of the Belgians, the President of the
French Republic, His Majesty the King of Great Britain, Ireland, and the
British Dominions beyond the Seas, Emperor of India, His Majesty the
King of Italy, His Majesty.the Emperor of Japan, the President of. the
Republic of Poland, the President of the Czecho-Slovakian Republic, deeply
sensible of their solemn duty.to promote the welfare of mankind;
as an“Persuaded
instrumentthatof the time has
national policycomeshould
when bea made
frank toprescription of war
the end that the
peaceful and friendly relations now existing between their peoples may be
perpetuated;
''Convinced that all changes in the relations with one another should be
sought only by pacific means and be the result of peaceful and orderly
process and that any signatory Power which shall hereafter seek to pro-
mote its national interests by resort to war should be denied the benefits
furnished by this treaty ;
134 KELLOGG PACT
‘Hopeful that encouraged by their example all the other nations pfl
the world will join in this humane endeavour and by adhering to th«
present treaty as soon as it comes into force, bring their peoples within th<
scope of its beneficent provisions, thus uniting the civilized nations of tin
world in a common renunciation of war as an instrument of their national
policy :
“Have decided to conclude a treaty and for that purpose tiave ap
pointed as their respective plenipotentiaries (here follows the list of pleri
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 respectiv<
peoples that they condemn recourse to war for the solution of internationa
controversies, and renounce it as an instrument of national policy in then
relations with one another
“Article II.—The High Contracting Parties agree that the settlemeri
or solution of all disputes of conflicts of whatever nature of of whatevei
origin they may be, which may arise among them, shall never be sough!
except by pacific meiins
Article III.—The present treaty shall be ratified by the High Con
tracting. Parties named in the preamble in accordance w7ith their respective
constitutional requirements, and shall take effect as between them as sooi
as all their several instruments of ratification shall have been deposited
at Washington.
“This paragraph,
preceding treaty shall,remain
when open
it hasasconje
lohg into effectbe asnecessary
as tnay prescribed
for inadher-
the
ence by all the other Powers of the world. Every instrument evidencing!
the adherence of a Power shall be deposited at Washington and the treaty!
shall immediately upon its deposit become effective as between the Power!
thus adhering and the other Powers parties hereto.
“It shall be the duty of the Government of the United States tot
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 dutyf
of the Government of the . United States telegraphically to notify suchl
Governments immediately upon the deposit with it of each instrument off
ratification or adherence.
In faith whereof the respective plenipotentiaries have signed this;
treaty in the French and English languages, both texts having equal forceJ
and hereunto affixed their seals.
“Done at Paris the 27th day of August in the year one thousand ninel
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 prol
vides that the treaty shall take effect as soon as the ratifications of all the]
Powers named in the preamble shall have been deposited in Washington and
that it shall be open to adherence by all the other Powers of the world, in-:
struments evidencing such adherence to be deposited in Washington also. Any
Power desiring to participate in the treaty may thus exercise the right to*
adhere thereto and my Government will be happy to receive at any time
appropriate notices of adherence from those Governments wishing to contribute;
to the success of this new movement for world peace by bringing their peoples
within its beneficent scope. It will be noted, in this connection tLat 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 mear that any Government adhering promptly will fully share
in the benefits of the treaty at the very moment it comes into effect.
KELlLOG-G PACT 135
I shall shortly transmit for Your Excellency’s convenient reference a
irinted pamphlet containing the text in translation of M. Briand’s original
roposal to my Government of June 20, 1027, and the complete record of l he
absequent diplomatic correspondence on the subject of a multilateral treaty
or the renunciation of Avar. I shall also transmit, as soon as received from
ly Government, a certified copy of the signed treaty.
I avail myself of this opportunity to extend to Your Excellency the
enewed assurance of my highest consideration.
fSigned) Mahlon F. Peekins,
Charge d’Affaires
2.—CHINA’S ACCEPTANCE.
Nanking, Sept. 13, 1928.
ixcellency :
I have the honour to acknowledge the receipt of your communication dated
^ugust
or my 27consideration
in which theandGovernment of the United
for the approval of my States of America
Government presents
the text of a
reaty that was signed on the same day in Paris by the Governments of Ger-
nany, the United States of America, Belgium, France, Great Britain, Canada,
Australia, New Zealand, South Africa, the, Irish Free State, India, Italy,
apan, Poland, and Szecho-Slovakia binding them to renounce war as an
nstrument
mly of national
by pacific policysettlement
means the in their orrelations
solutionwithof one another and
all disputes whichto may
seek
irise among them.
“The ideals Avhich are embodied in this treaty of extraordinary significance
ire the foundation on which the national life of the Chinese people is con-
itructed and I Avish, therefore, immediately to avail myself of this opportunity
,o inform you that this impressive movement for the perpetuation of universal
mace and for the advancement of world civilization, aroused our sympathetic
nterest from the very beginning and that in its present form as a definitive
reaty, my Government has decided to adhere to it without delay.
The Chinese Government and people feel deeply confident that the inter-
iependence of the different nations of the world is making it increasingly
Manifest to all thinking minds that the renunciation of war and a frank:
ivoAval of the need of friendly relations is the only means to save civilization
Prom the danger of destruction. We are, indeed, brought before the supreme
;est whether, after those painful experiences of a few years ago which still
inger in our memory, we are not yet convinced of the absolute necessity of
a real spirit of mutual co-operation to guide us in our national policies to-
Iwards one another. It is therefore a source of profound satisfaction to see
(fchat this action of momentous importance, so ably sponsored by the United
fStates of America, is receiving universal response.
As you are aware, the whole conception of life among our people centres
nound
all the
our ideal of harmony.
thinkers a view of Itlifeiswhich
indeedjustifies
difficult,conflict
if notinimpossible,
any form toas find
the
asis of a national policy, and I venture to think that it is this idea of
larmony and peace which accounts for the stability of our civilization and
he extraordinary length of our history. The present treaty to renounce
par is, in fact, a vindication of the teachings of our revered ancestors, and
specially as these teachings, which have been amplified by our late leader,
)r. Bun Yat-sen, so clearly embodied in such noble principles as Universal
ustice and The Brotherhood of Nations, are also at the present moment being
ipplied in the building up of a new China, the Chinese people are prepared
flfco join with America and the other signatory Powers with more than the
fusual enthusiasm in endeavouring to attain the noble ends of peace.
We are deeply sensible, however, that in order to make war really im-
possible, it is necessary to eliminate all causes which are likely to give rise
to any international dispute, and rigidly to uphold the principle of equality
136 EXTRATERRITORIALITY
and mutual respect for territorial
ernment, therefore, firmly believes that sovereignty among allPowers
all the signatory nations.
will My
abideGo>bj
the spirit of the present treaty and remove, at the .earliest opportunity, al
ofinstance,
China’stheunequal treaties
stationing and numbers
of large encroachments
of alienupon her onsovereignty,
troops her soil. For as fe:
is clear that a free and independent China is one of the most vital factors
whereby permanent world peace may be promoted and strengthened.
I avail myself of this opportunity to extend to you the assurance of ro;
highest consideration.
(Signed) Wang Cheng-ting,
Minister for Foreign Affairs.
EXTRATERRITORIALITY.
On April 27, 1929, the Minister for Foreign Affairs addressed Notes t
the British, American, Brazilian, Dutch, French and 'Norwegian Envoys
urging the early abolition of extraterritoriality. The Notes were similar ii
wording, those addressed to the British, American and French Ministers beinj
identical.
The text. of, the Notes to the British, American and French Ministers
as follows: —
Ministry of Foreign Affairs
Nanking.
Your Excellency : April 27,1909.
I have the honour to recall to Your Excellency that the Chinese Goverr
ment, through its representatives, had had occasion to express at the Pari
Peace Conference its strong desire for the removal of limitations bn China’
jurisdictional sovereignty imposed upon her by the old treaty concluded betweei
China and the foreign Powers and that the Chinese Delegation emphaticall;
reiterated the same desire at the Washington Conference, which placed cfl
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.
tion Withof thetheNational
unificationGovernment,
of China anda newthe era
establishment upon a firm
has been happily founda
inaugurate!
jPTariff
tlm. relations between our two countries through the conclusion
Treaty, and it is to be confidently hoped that the material well-beint of the recen
of our two countries will henceforth be greatly enhanced. But it is the belie!
and the conviction of the Chinese Government that the promotion of sue!
material well-being will be accelerated by a readjustment of the relations b<
tween our two 'countries on a basis of friendly equality in matters of jurii
dictibn, and if”Yrtur Excellency’s Government could see its way to meet th
wishes of the Chinese Government ahd people in this regard it is certain
that
wise another
betweenobstacle to the people
the Chinese full andandfrank co-operation,
foreign nationalsin intrade
this orcountrV
©them
would be happily removed and. that the desire of the Chinese Governmenl:
for promoting to the . fullest extent the material interests of all who choof
to associate themselves with opr own people would find its early realizatipi
It .goes without saying that extraterritoriality : in. China is a legacy u
the old regime,
.conditions, which
but has becomehas sonotdetrimental
only ceasedto tothebesmooth
adaptable to theof the
working present-da'
iudicfi
and administrative machinery of China that her progress as a member 'oi
the Family of Nations has been unnecessarily retarted. The inherent defect
and inconveniences of the system of consular jurisdiction have been mos
clearly pointed out by the Chinese Government on various occasions and als«
by the jurists and publicists of other countries in their official utterances a
EXTRATERRITORIALITY 137
fell as in their academic discussions. It is a matter f®r sincere regret that,
mile man/ Governments which are playing an important role in interna-
jpnal affairs are eager and persistent in their endeavour to promote geniune
iendship and harmony among nations, such anachronistic practices as only
nd to mar the friendly relations between the Chinese' people and foreign
itiohals'
pposed toshould''.be',,allowed
gpyern the relations to exist at a time when justice and equity are
of nations.
; With the close contact between China and the foreign Powers, the assi-
ilation, of western legal conceptions by Chinese jurists and, incorporation
.western legal principles in Chinese jurisprudence have proceeded very
tpidly. In addition to the numerous codes, and laws now in force, the Civil
itde and the Commercial code have reached the .final stage of preparation
id will be ready for promulgation before January 1st, 1930. Courts and
risons, along modern lines, have been established, and are being established,
iroughout the whole; country.
Inasmuch as doubt has bCen entertained with regard to the advisability
relinquishing extraterritorial privileges at this juncture by the interested
awers, it may he pointed out that certain countries, having ceased to enjoy
:traterritorial privileges in China, have found satisfaction in the protection
yen to their nationals by Chinese law and have had ho cause for complaint
at their interests nave been in any way prejudiced. Your Excellency’s
pvernment may, therefore, reSt assured that the legitimate rights and in-
rests of your ofnationals
linquishment will not beprivileges
the exceptional unfavourably
which affected
they nowin possess.
the least by the
. As Your Excellency’s Government has always maintained a friendly atti-
ide towards China and has always shown its readiness in the adoption of
easures for the. removal of limitations on China’s sovereignity, I am happy
' express to Your Excellency, on behalf of the Chinese Government, the
jsire of China to have the restrictions on her jurisdictional sovereignty re-
oved at the earliest possible date and confidently hope that Your Excellency’s
overnment will take this desire of China into immediate and sympathetic
msideration and favour me with an early reply so that steps may be taken
i enable China, nqw unified and with a strong Central Government, to right-
illy assume jurisdiction over all nationals within her domain.
I avail myself of this opportunity to renew to Your Excellency the as-
irnce of my ■ highest consideration.
, . (Sighed)^ Chengting T. Wang,
Minister of Foreign Affairs.
THE AMERICAN REPLY.
' , . , Peking,. Aug. >10, 1920.
'.is Excellency . ■
" Dr. Chengttng T. Wang, ■
Minister for Foreign Affairs,
Nanking
'xoeU'ency:
I have the honour to acknowledge the receipt of the Chinese Government’s
tote
tatesofshould
April relinquish
27th in which there isexercise
tiie farther expressed the desire that jurisdiction
of extraterritorial the United
ver its citizens in China and the hope that the American Government will
ake this desire into immediate and sympathetic consideration.
I am directed by my Government to state that it is prepared to give
ympathetic consideration to the desires expressed by the Chinese Govern-
nent, giving at the same time, as it must, due consideration to the responsi-
nlities which rest upon the Government of the United States' in connection
138 EXTRATERRITORIALITY
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 to cancellation of provisions in earlier treaties whereby China’s
authority in reference to Customs duties on goods imported into China by
American nationals had been restricted.
The exercise by the United States of jurisdiction over its citizens in
China had its genesis in an early agreement that, because of 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 beyondi
the purposes to which it was by the Treaties originally limited. Those pur-1
poses
Americanwere citizens
the lawful
who control and protection
have established of thein persons
themselves China inandgoodproperty
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 18i4, and other agreements concluded'
thereafter which established that system, American citizens have lived and
have carried on their legitimate enterprises in China with benefit both to the
Chinese and to themselves They hate engaged extensively in cultural and
in commercial enterprises involving large sums of money and extensive pro-
perties, and, as your Government has so graciously indicated in the Now
under acknowledgement, there has grown up and existed between the peoples'
and the Governments of the two countries a friendship that has endured.
The American Government believe that this condition of affairs has been duei
in large part to the manner in which the relations between the two peopb
have been reguiated under the provisions of these agreements, the existence)
of,, which .,has assured to the, lives
,, . and property
*—i andj ofdevelopment.
American uiiuraiis
citizens in— China!
the security so necessary to their growth 1
For the safety of life and property, the development and continuance of
legitimate and Deneficial business depend in the last resort
elsewhere, upon the certainty of protection from injury or confiscation ov a in China as
system of known law consistently interpreted and faitfifiiil^TnCced by^an
independent judiciary, \\here 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 acknowfedged
that life and nronertv have been nroteet^d qt,u , ■° ,
prospered, for uncertainties in the absence of an adequate body of fa«''and of
X P r , Ce a U nt JUd, ar V U,d be
b\V o ,’ th“ fore goU S °‘ ' "° ^ShtU dange? in
EXTKATERRITORJAlLIT^ 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
<£ates on July 26th, to the effect that “all foreign interests in China purely
It legitimate purposes will be duly respected” has been noted by it with
jeasure as indicating that the Government of China has not failed to appre-
ate the value to its foreign relations of the factors above mentioned. My
avernment bids me add that it is therefore persuaded that the Government
China will concur in its belief based as it is upon the facts set forth in
cceeding paragraphs, that the sudden abolition of the system of protection
• its extraterritorial courts in the face of conditions prevailing in China
-day would in effect expose the property of American citizens to danger of
alawful seizure and place in jeopardy the liberty of the persons of American
tizens.
The Chinese Government has, on several occasions during recent years,
^pressed the desire that the Powers relinquish the exercise of extraterritorial
irisdiction over their citizens In the Note under acknowledgment reference
made to the position taken at the Washington Conference. It will be re-
plied that, in pursuance of the resolution adopted at that Conference, there
as created a Commission to inquire into the present practice of extraterri-
trial jurisdiction in China and into the laws and the judicial system and the
ethods of judicial administration of China, and that, under date of Sept-
nber 16, 1926, that Commission made its report. This report contained an
icount of the conditions then prevailing in the judicial system of China, as
ell as a number of recommendations carefully suggested as indicating the
langes and improvements which would be necessary before there would be
lequately developed a system of known law and an independent judiciary
ipable of justly controlling and protecting the lives and property of the
tizens of foreign countries doing business in China. Your Government will
jcall that* the Commission on Extraterritoriality which made these recom-
lendations was composed of representatives from thirteen countries including
ith China and the United States and that its recommendations thoughtfully
nd reasonably conceived were unanimously adopted and were signed by all
the Commissioners.
Because of its friendship for the Chinese people and its desire, to which
Husion has been already made, to relinquish as soon as possible extraterri-
>rial jurisdiction oyer its own citizens in China, my Government has followed
ith attentive consideration this entire subject, including particularly the
rogress which has been made in carrying out its recommendations since the
endition of this report.
It fully appreciates the efforts which are being made in China to assimilate
lose western judical principles to which your Government has referred in
is Note, but it would be lacking in sincerity and candour, as well as disre-
tardful of its obligations towards its own nationals, if it did not frankly point
!ut that the recommendations aforesaid have not been substantially carried out
nd that there does not exist in China to-day a system of independent Chinese
ourts free from extraneous influence which is capable of adequately doing
ustice between Chinese and foreign litigants. My Government believes that
ot until these recommendations are fulfilled in far greater measure than is
he case to-day will it be possible for American citizens safely to live and do
usiness in China and for their property adequately to be protected without
he intervention of the consular courts.
In conclusion, my Government has directed me to state that it observes
with attentive and sympathetic interest the changes which are taking place
n China. Animated as it is by the most friendly motives and wishing as
ar as lies within Government power to be helpful, the American Government
tvould be ready, if the suggestion should meet with the approval of the Chinese
Government, to participate in negotiations which would have as their object
he devising of a method for the gradual relinquishment of extraterritorial
rights, either as to designated territorial areas, or as to particular kinds of
EXTRATERRITORIALITY
jurisdiction, or as to both, provided, that such gradual relinquishment projj
needs at the same time as steps are taken and improvements are achieved by
the 'Chinese Government in the enactment and effective enforcement of laws;
based on modern concepts of jurisprudence.
I avail myself of this opportunity to extend to Your Excellency the rei
newed assurance of my highest consideration.
(Signed) J. V. A. MacMurray.
BRITISH REPLY.
British Legation, Peking,
at Peitaiho,
Sir, 10th August, 1929.
i have the honour to acknowledge the receipt of your [Note of April 27th
in which you inform me of . the desire of the National Government of the Re-
public of China that the restrictions imposed on the jurisdictional sovereignty
of China by the system of extraterritoriality now in force should be removed
at the earliest possible date with a view to the assumption of jurisdiction ly
China over all nationals in her domain.
2. I have communicated the contents of your, letter to my Government
and I am now instructed to transmit to you a reply in the following sense : j
3. Animated by the friendly feelings which they have always entertained'
towards the Government and people of China His Majesty’s Government havef
given
relatingtheirto sympathetic
the abolitionconsideration to the request
of extraterritorial of the inChinese
jurisdiction China.GovernmentJ
The high importance of this subject in its*
development of China and the future relations between China bearing both on theandpolitical
Great'
Britain appears to demand that it should be closely examined from every!
aspect. In particular a just appreciation of the reasons for which and the.
manner in which the present system of extraterritoriality came into existence*
seems essential to a consideration of the proper method for dealing with the
problem.
4. The system of extraterritoriality in force in China has its root deep1’
down in the past.
munications, lor thousands
the Chinese people wereof years before
secluded fromscience hadofimproved
the rest the worldcom-!
by
deserts and the ocean and they developed a civilisation and a policy peculiar
to themselves. A wide gulf was thus fixed between Europe and America on
the one hand and China on the other.
5. In particular the conception of international relations as, being inter-
course between equal and independent states—a conception which was woven
into the very texture of the political ideas of the nations of the West—wasjjl
entirely alien to Chinese modes of thought When traders of the West first
found their way to the coast of China, the Chinese Government found it diffi-;
cult to allow them freely to enter into their country and mingle with cheir !
people nor did they recognise that the nations to which they belonged were*
the equals of China. These traders were therefore confined to a small section]
of a single city in one corner of the Empire and while on the one hand they ‘
were subjected to many disabilities and to grave humiliations on the other]
hand, by a species of amorphous and unregulated extraterritoriality which-
was the natural outcome of these conditions, the responsibility of managing i
their own affairs and maintaining order amongst themselves was in some
measure left to their own initiative.
6. Relations continued for many years upon this insecure and unsatisfac-
tory
quentlytooting.
arose, Friction
generallywas
out often dangerously
of demands intenseinnocent
that some and conflicts
person not infre-be
should
surrendered for execution to expirate perhaps an accidental homicide or that
foreign authority should assume the responsibility for enforcing the revenue
laws of China. °
EXTEATEftSITORIALITY
I 7, The object of the first treaties w as to secure recognition by China of
£jrreat Britain's equality with herself and to define and regulate the extrater-
ritorial status of British subjects. Belations between the two countries having
fius been placed on a footing of equality and mutual respect, Great Britain
vas content that her nationals should continue to bear those responsibilities
md to labour under those disabilities which respect for the sovereignty of
>hina entailed upon them. Conditions did not permit the general opening of
he interior of China and the residence of foreigners has consequently continued
lown to the present day to be restricted to a limited number of cities known
is Treaty Ports.
6. His Majesty’s Government recognise the defects and inconveniences
)f the system of consular jurisdiction to which the Government of China have
m various occasions drawn attention. In 1902 in Article 12 of the Treaty
if Obmmerce between Great Britain and China signed in that year, His
Majesty’s Government stated their readiness to relinquish their extraterritorial
fights when they were satisfied that the state of Chinese laws the arrangements
for their administration and other considerations warranted them in so doing.
They have since watched with appreciation the progress which China has
made in the assimilation of western legal principals to which reference is made
in your Note under reply and they have observed with deep interest the facts
set out and recommendations made in the report of the Commission on Ex-
traterritoriality in the year 1926.
9. More recently in the declaration w'hich they published in (December
1926 and the proposals which they made to the Chinese authorities in January
1927 His Majesty’s Government have given concrete evidence of their desire to
meet in a spirit of friendship and sympathy the legitimate aspirations of the
Chinese people. They have already travelled some distance along the road
marked out in those documents and they are willing to examine in collabora-
tion with the Chinese Government the whole problem of extraterritorial juris
diction with a view to ascertaining what further steps in the same direction
it may be possible to take at the present time.
10. His Majesty’s Government would however observe that the promulga-
tion of codes embodying Western legal principles represents only one portion
of the task to be accomplished before it would be safe to abandon in their
entirety the special arrangements wdiich have hitherto regulated the residence
of foreigners in China. In order that those reforms should become a living
reality it appears to His Majesty’s Government to be necessary that Western
legal principles should be understood and be found acceptable by the people at
large, no less than by their rulers, and that the Courts which administer these
law's should be free from interference and dictation at the hands, not only of
military chiefs, but of groups and associations who either set up arbitrary
and illegal tribunals of their own or attempt to use legal courts for the fur-
therance of political
between Chinese and objects
Chineserather
and than for Chinese
between the administration of equal
and foreigners. Notjustice
until
these conditions are fulfilled in a far greater measure than appears to be the
case to-day will it be practicable for British merchants to reside, trade and
own
freedomproperty throughout
and safety as thesethe privileges
territoriesareof accorded
China with the samemerchants
to Chinese equality of
in
Great Britain. Any agreement purporting to accord with privileges to British
merchants would remain for some time to come a mere paper agreement to
which it would be impossible to give effect in practice. Any attempt prema-
turely to accord such privileges would not only be of no benefit to British mer-
chants but might involve the Government and people of China in political
and economic difficulties
11. So long as these conditions subsist there appears to be no practicable
alternative to maintaining though perhaps in a modified form the Treaty Port
system that has served for nearly a century to regulate intercourse between
China and British subjects with her domain. Some system of extraterri-
toriality is the natural corollary for the maintenance of the Treaty Port sys-
142 EXTRATERRITOEIAlLITY
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 towards
maintain instruct any
me tosuchassure Your the
proposals Excellency that they
same friendly and will continue
helpful attitudeto
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. Eampson.
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 le Ministre, August 10, 1829.
I have the honour to acknowledge the receipt of the note dated April 27
in which you express the hope that the French Government would take inta
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 it® 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.
Faking 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 1353, it is indispensable that'the Chinese Government
proceed to the reform of 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 practicethethat
throughout wholetheofrights
China,oftheresidence,
necessary ofcounterpart
property ofowning and trade
the relinquishment
of extraterritoriality, might constitute for the French nationals a real ad- 3
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 m this spirit that the French Government, faithful to its liberal
traditions, has authorized me to give you assurance that it will continue to
EXTRATERRITORIAjLITY 143
Rake an active interest in the reforms to that end which remain to be acconr
blished and that it will carefully note all the facte which tend to show that
*i:;hese reforms are effectively carried out in the administration and judicial
tpractioe of the Government authorities and the people of China.
On the other hand, the French Government will not fail to avail itself
|of the opportunities as they arise to co-operate profitably with Chinese authori-
»ibies in the endeavour to hasten a state of affairs which would permit it to
maodify with the necessary guarantees the present jurisdictional status of the
t'Erench 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.
IMonsieur 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
IMajesty’s Government would take into sympathetic consideration the desire
ffof China to come to an agreement by which the limitation on China’s jurisdic-
Mtional sovereignty will be removed and which will enable the Chinese Govern-
oment 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 Oeoember 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
jdrew 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 X TEAT E ER1T0EI AiL IT Y
T am desired by Her Majesty’s Government to assure with Excellency
of its unalterable sympathy towards China with regard to this question and
of its readiness when the introduction and the effective acceptance by the
country of modern institutions guaranteeing the administration of just laws
oy an independent and unassailable judiciary will have rendered useful re-
forms possible in the matter of jurisdiction over Netherlands nationals, to
act in unison with the Governments of the Powers who were represented at the
Conference of Washington with the object object of examining the possibility
of meeting the aspiration to which the Chinese Delegation at the said Con-
ference gave expression and which is reiterated in Your Excellency’s Note
under reply.
I avail myself, etc.,
(Signed) W. Y. Oodenijk.
Tc His Excellency
Doctor Ghengting T. Wang,
Minister of Foreign Affairs,
of the National Government of the Chinese Republic, Nanking.
NORWEGIAN REPLY.
The following is the English translation ©f the reply of the Norwegian
Government to China’s Note concerning the abolition of extraterritoriality.
Legation de Norvege
Peking, Aug. 14, 1929.
i have the honour to acknowledge the receipt of Your Excellency’s note
Lmna to nave the restriction on her jurisdictional sovereignty the
27 expressing on behalf of the Chinese Government desireandof
removed
the hope that the Norwegian Government will take this desire into immediate
and sympathetic consideration in order to enable China to assume jurisdiction
over all nationals within her domain
Having communicated the contents of the Note to my Government I am
now instructed to recall to Your Excellency that the Norwegian Government
has already, in concluding, on November 12 last year, a new treaty with the
Chinese
Norway Government, given concrete
has always entertained towardsevidence
Chinaofandthethefriendly
Chinesefeeling
people.which
My Government now desires me to reiterate, the assurance, already ex-
pressed on that occasion,€ that 10n
the same friendly leelings will not be found to
f revisin
'Ta- v
if>4, between Norway and.Tni
China °is brought
, g up
otherforclauses of the ' treaty of
discussion.
As to the question of removing the restrictions on China’s jurisdictional
sovereignty (by relinquishing the consular jurisdiction) this question was
already given sympathetic consideration when, in 1926 a Norwegian delegate
^ Com“isslon '• into ektLSS? jtS
I may add that the administration of the Norwegian jurisdiction in China
Hvond the purpose for which
I am dn ected to state in conclusion that my Government it washasintrodu^d,
n0 desireandto
maintain the Consular Court longer than considered necessary and is nre-
pared to abolish the same when all the other Treaty Powers will do so-
(Signed) N. Aall,
Charge d’Affaires a:*.
EXTEATEREITOEIAiLITY 145
CHINESE REPLY TO AMERICA.
Nanking, September 5, 1G28.
.bnsieur 1c M,inistre:
I have the honour to acknowledge the receipt of your Excellency’s Note
i August 10th in which you are good enough to transmit to me the views
f your Government in regard to the request of the Chinese Government, con-
fined in my Note of April 27, for the removal of restrictions on China’s juris-
ictional sovereignty.
The Chinese Government is pleased to be reminded by the American Gov-
rnment that it has, for some time past, given constant and sympathetic con-
ideration to the. national aspirations of the people of China and that it
as repeatedly given concrete evidence of its desire to promote the realisation
f those aspirations. The traditional friendship between China and America
as not only a common material basis, but is also deeply rooted in the idealism
hich is common to the Chinese and the American people. The American { co-
le, with their love of liberty, their zeal for justice, their desire to further
he advance of civilisation and their sympathy for the aspirations of nations
a their spiritual re-birth all of which reveal unmistakably the noble attitude
f the American mind, have aroused the admiration and won the love of the
.’hinese people. This idealism has manifested itself in the abolition of slavery,
ie growth of democracy, and the endeavour to establish a reign of universal
leace, which has given a new hope to the human race. It is this idealism
at accounts for the steadfastness of the American Government and people
their friendship for China through all the vicissitudes of her fortunes. It
again this idealism that has prompted the American Government to give
ympathetic consideration to the desire of the Chinese Government in connec-
ton with the question of jurisdiction and to decide to enter into negotiations
or the devising of a method leading to the eventual abolition of Extraterri-
orial privileges.
It seems to me, however, from a careful consideration of your Note that
he.merman
AmericalivesGovernment
and propertyis notafter
yet the
freeabolition
from misgivings as to the safetyTheof
of Extraterritoriality.
.merican Government is undoubtedly aware of the fact that the liberty of
.merican citizens and the security of their property rights do not so much
lepend upon the continued exercise of jurisdiction by their own Consular
lourts, as upon the timely removal of hindrances to the free and full assertion
f China’s sovereign rights. Extraterritorial privileges, while apparently bene-
ficial to foreigners in China in giving the impression of security and safety,
lave really had the, most injurious effect on their relations with the Chinese
>y producing ip the latter the feeling of humiliation and a sense of resentment
shich have always paused mutual suspicion and the consequent loss of mutual
spnfidence, thus undermining the very foundations of friendly relations and
iot infrequently giving rise to complications and conflicts. Such conflicts and
fomplications
jn this connexion, could beit easily
may beavoided
pointedwereoutthere
thatnone of those
towards special of
nationals privileges,
certain
9untries who have lost their extraterritorial privileges and have submitted to
he jurisdiction of China, the Chinese people enterian the most friendly feel-
ings and repose in them great Confidence, a valuable asset, it will be admitted,
n the intercourse, commercial or otherwise, of any two peoples. Such marked
lifference
ers oh, inthetheonerelations
hand andbetween
those Chinese
between and nationalsandof the
the Chinese Extraterritorial
nationals of
lon-extratbrritorial Powers on the other will, as long as the extraterritorial
government may try to discountenance this difference of attitude onthethe
ystem is retained, become more and more pronounced, and much as Chinese
part
pf>f its citizens,
their feelings.it will hot be Within its powers to control the natural expression
I|>orialIn privileges,
the event, theyhowever,
may ofrestAmerican citizens
assured that theyrelinquishing
will enjoy thetheir
sameExtraterri-
confidence
146 EXTRATEftRXTORlAlLITY
ofnon-extraterritorial
the Chinese peoplePowers.
and hence the samethematerial
Moreover, Chinesebenefits as thewill
Government nationals
continueof
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 American Government renounced its rights under the Capitulations
with Turkey. The Chinese judicial system, it will be admitted, does not
suffer the least in comparison with that of Turkey at the time of the abolition
of the Capitulations. And yet the American Government, realising that the
Turkish people, with legitimate aspirations and under the guidance of a new
and strong Government, could accomplish great things in a short space of
time, had the wisdom and foresight to relinquish its special pri-
vileges similar to those enjoyed hitherto by its nationals in China, and has
had the satisfaction 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
will no ofdoubtjurisdiction
solve thewithout
problemanyofapprehension and within satisfactory
Extraterritoriality China in theresults,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 19 Powers which have agreed to relinquish Extraterritoriality on January
to1> the30. American
If it had Government,
appeared to the
thatGovernment of those
there did not Powers,in asthisit appears
yet exist 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-
mentsdiscussions
the they haveofmade. Now that manyat ofthetheWashington
Extraterritoriality Powers which participated
Conference in
have al-
ready 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 United States, upon which fell the honour of initiating
the labours of that Conference should not act in unison with those Powers,
thus removing the difficulties which the Chinese Government might otherwise
encounter in extending jurisdiction over all foreign nationals.
It is the hope of the Chinese Government that whatever misgivings and
apprehensions the American Government may have in considering the iubject
n W dl3p 11 ed an tha
lb °a tU
!i 7 i fbetween
€d" by
l - much
d weit.Shter
^ theconsiderations,
further examination
the enhancement of71-friendship the Chinese and the American namely, people!
and hence the promotion of the material interests of both. It is with this last
object in view that theimmedl Chinesee Government now requests the American Gov-
of the Chinese Government for f discussions
making thewith the authorised
necessary representative
arrangements whereby
bo?htove“sy ^ China WlU ^ tbe m a
^ " *“on
“I avail myself, etc.,
Wang Chenoting."
EXTRATERRITCXRIAiLITY 147
CHINESE REPLY TO FRANCE.
Nanking, September 7, 1920.
■ onsieur le Ministre,
I have the honour to acknowledge the receipt of Your Excellency's Note
|! August 10th in which you are good enough to transmit to me the views of
iur Government in regard to the request of the Chinese Government, con-
ined in my Note of April 27th for the removal of restrictions on China’s
irisdictional Government.
The Chinese Government is pleaded to be reminded by the French Govern-
ent that it gave another proof of the friendly feelings it always entertained
wards the Chinese
be friendship betweenpeople
Chinaby and
signing the rests
France TariffnotAutonomy Treaty last
only on common year,
material
iterests, but also on close cultural ties and the ideals which have been an
ifailing source of inspiration both to the Chinese and the French people in
icir political evolution. It is therefore with pleasure that the Chinese
overnment takes note of the sympathetic response of the French Government
i the desire of China expressed in my last Note.
In your Note under acknowledgment, however, reference is made to the
eport of the Commission on Extraterritoriality submitted to the interested
overnments, pursuant to a resolution adopted at the Washington Conference,
he French Government is undoubtedly aware of the fact that since the
unpletion of that report, conditions in China have greatly changed, and,
t particular, both the political and judicial systems have assumed a new
jpect. To pass judgment on the present state of laws and judicial administra-
on in China in the light of what is contained in the Report of 1926 is doing
d justice to the steadfast policy of the National Government.
hichFurthermore,
the French itGovernment
may be worth while its
renounced to recall
rights the
undercircumstances under
the Capitulations
ith Turkey. The Chinese judicial system, it will be admitted, does not suffer
re least in comparison with that of Turkey at the time of the abolition
f the Capitulations. And yet the French Government, realizing that the
urkish people wuth legitimate aspirations and under the guidance of a new
nd strong Government could accomplish great things in a short space of
,me, had the wisdom and foresight to relinquish its special privileges similar
) those enjoyed hitherto by its nationals in China and has had the satisfaction
a find that the life and property of French citizens in Turkey have subsequently
eceived full and adequate protection. The French Government which did
all justice to the Turkish people in the matter of jurisdiction without any
pprehensions and with satisfactory results will no doubt solve the problem of
Ixtraterritoriality in China in the sam© friendly and sympathetic spirit.
It has been perhaps brought to the knowledge of the French Government
hat the Chin'ese Government has recently concluded treaties with several other
'owers which have agreed to relinquish extraterritorial privileges on January
st, 1930. If it had appeared to the Governments of those Powers, as it appears
o the French Government, that there did not yet exist in this country a
udiciary capable of rendering justice, to their nationals and a body of laws
idequate to give protection to their lives and property, they would certainly
ave refused to give up their privileged position and enter into the engage-
aents they have made. Now that many of the Powers which participated in
he discussions of Extraterritoriality of the Washington Conference have
dready shown by an overt act that that system has outlived its usefulness and
hould be replaced by one in harmony with the actual state of things, there is
10 reason why the French Government, which played an important part in the
deliberation of that Conference, should not act in unison with those Powers,
ihus removing the difficulty which the Chinese Government might otherwise en-
•ounter in extending jurisdiction over all foreign nationals.
148 RENiDITKXN OF TIENTSIN
It is the hope of the Chinese Government that whatever misgiving and;
apprehensions the French Government may have in considering the subject un-
der discussion will be now dispelled, and that, in the further examination
of this subject, it will be actuated by much weightier considerations, namely
the enhancement of friendship between the Chinese and the French people,
and hence the promotion of the material interests of both. It is with this
last object in view that the Chinese Government now requests the French
Government to enter into immediate discussions with the authorised repre-'
sentative of the Chinese Government
whereby Extraterritoriality in China forwillmaking the necessary
be abolished arrangements
to the mutual satis-
faction of both Governments.
I avail myself of this opportunity to renew to Your Excellency the assur-
ance of my highest consideration. (Signed) €. T. Wang.
BELGIAN CONCESSION AT TIENTSIN
Agreement for Rendition.
The Belgian Government being desirous, with a view to strengthening the
bonds of friendship existing between Belgium and China, to restore on its
own initiative and without compensation to the National Government of the
Republic of China the Belgian Concession in Tientsin which was granted to
it by the Sino-Belgian Convention of February 6th, 1902 (28th day of the 12th i
month of the 27th year of Kuang Hsu), the two Governments have for this
purpose appointed their Plenipotentiaries, that is to say:
His Excellency the President of the National Government of the Re-
public of China:
Dr Ping Ling, Adviser of the Commission of the ministry of
Foreign A ffairs ;
Mr. Kwang-ting Chao. Section Chief of the Land Department of
the Ministry of the Interior )
Mr. H. H. Tcheng, Commissioner of the First Special Area in
Tientsin;
i-r. Tzong Fah Hwang, Minister Plenipotentiary, Attorney at Law
His Majesty the King of the Belgians:
Baron Jules Guillaume, Counsellor of Legation, Chevalier de-
Leopold;
Who, having communicated to each other their respective full powers found
to be in good and due form, have agreed upon the following Articles:
Article 1.—The Belgian Government will restore to the National Govern- i
ment of the Republic of China, on the day of the coming into force of the ;
present Agreement, the administration of the Belgian Cbncession in Tientsini
Arante
1902 ( 28th day d to12tbit month
of the by theofSino-Belgian
the 27th yearConvention
of KingdomofHsu).
February 6th,
The said
Convention and contract relating thereto shall cease to be operative.
Article H—The Provisional Belgian Municipal Council of the said Oon-|
Agreement ' CeaSe t0 6X1St °n ^ day °f the comin£ into foi'ce of the present
• A1Administration
gian Lth® documentsshall registers, and all other
be immediately handedpapers
over belonging to the Gov-
to the National Bel-
ernment
cil will beof the Republic
entirely of China,
relieved of allwhereupon the Provisional
responsibility Municipal Coun-
for its administration-
SINO-FOREIGN TREATIES 149
Article HI.—Beginnihg from the day of the coming into force of the pre-
sent Agreement, the former Belgian Concession in Tientsin shall be entirely
Administered under Chinese laws and regulations and protected by the same,
[t shall likewise be subject to all Chinese imports and taxes in force.
I Article IV.—All public properties of the Belgian Concession, such as
wharfs, piers, roads, railways together with the land occupied by them, in-
finding block Q. lot b, in accordance with the map hereto annexed, and also
hachines, implements, furniture, police equipment, as per inventory list hereto
ittached, belonging to the Belgian Municipality, as well as the bank deposits
>f the Belgian Municipality, shall be handed over to the National Government
>f 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 iSociete Anenyme de la Con-
session Beige de Tientsin shall be modified in accordance with the new state
jf things and the provisions of Article 6 of the present Agreement shall equally
3e applicable thereto.
Article VI.—Within one month after the coming into force of the present
Agreement, the title deeds and certificates of private property issued by the
Belgian Consulate for land situated in the Belgian Concession shall be handed
3ver to the Chinese authority concerned who shall issue in exchange certificates
for perpetual lease. A registration fee of one dollar per mow shall be charged.
The Chinese authority concerned will issue the new certificates within a period
>f a month.
Article VII.—The present Agreement shall be ratified as soon as possible
and shall come into force on the day on which the two Governments shall have
notified each other that the ratification has been effected.
Article VIII.- The present Agreement has been written in three languages,
Chinese, French and English, and in case of divergence of interpretation the
English text shall be authoritive.
In witness whereof, the respective Plenipotentiaries have siged the present
Agreement in duplicate and have affixed their seals thereto.
Done at Tientsin this thirty first day of the eighth month of the eighteenth
year of the Republic of China, corresponding to the thirty first day of August,
nineteen hundred and twenty nine.
(Signed) P. Ling,
K. T. Chao,
Tsong-Fah Hwang,
Tcheng Hungsin,
Plenipotentiaries for China.
,T. Gullaume,
Plenipotentiary for Belgium.
SINO - JAPANESE AGREEMENT
Article 1.—The Chinese and the Japanese Governments agree that all
matters relating to rates of duty on the import and export of articles, draw-
backs, transit dues and tonnage dues in the territories of China and the ter-
ritories of Japan shall be regulated exclusively by the laws of China and
of Japan respectively.
grantArticle
to eachII.—The
other .Governments of China ofandtheofother
and to the nationals Japancountry,
shall reciprocally
in customs
duties, drawbacks and transit dues and all other similar internal charges,
150 SINO-FOREIGN TREATIES
applied to the import and export of articles, and in tonnage dues, as well
as in all matters connected therewith, treatment not less favourable than that
accorded or to be accorded to its own nationals or to the Government and
nationals of any other foreign country.
Articles produced or manufactured in the territories of China or of Japan
and imported into the territories of the other, from whatever place arriving,
shall receive, in import duties, drawbacks and transit dues and all other similar
internal charges, and in all matters connected therewith treatment not less
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
any difference compared
of meaning and them,
between verified: but inas the
the sense event ofin the
expressed thereEnglish
being
text shall be held to prevail.
day Article
followingV.—The present
the date of theAgreement
signature shallthereof.enter into force on the tenth
Done in duplicate at the city of Nanking, this sixth day of the fifth month
of the nineteenth year of the Republic of China, corresponding to the sixth
day of the fifth month of the fifth year of Showa.
Chengting T. Wang,
Minister for Foreign Affairs of The
National Government of the Repu-
blic of China.
M. Shigmitstj,
Japanese
China. Charge d’’ Affaires xn
Convention Regulating the Relations Between China and France Concerning
French Indo-China and the Chinese Provinces Adjoining.
(Translation)
The National fGovernmentan imafc
of theed Republic
b the
of China and the Government
tues of friendship° which
u1 happily, subsist
1 ybetweentf«sire ^ further
the two consolidate
countries, the
and to pro-
mote the commercia 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 he
Government of the Republic of China:
Dg T Wan Minister
Atfans TftA ^ WGovernment
of the National - of«’thp Republicofof Foreign 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;
I Who, having communicated to each other their respective full powers, found
tyn good and due form, have agreed upon the following Articles:
Article I.—The Sino-French Commercial Convention of Tientsin of the
litwenty-second day of the third moon of the twelfth year of Kwang Hsu (April
I, 1886), the Additional Commercial Convention, signed at Peking on the
s:th day of the fifth moon of the thirteen year of Kwang Hsu (June 26,
87) together with the notes relating to this Convention exchanged at Peking
l the third day of the fifth moon of the thirteenth year of Kwang Hsu (June
, 1887), and the Supplementary Convention signed at Peking on the twenty-
ghth day of the fifth moon of the twenty^first year of Kwang Hsu (June
, 1895) are abrogated and cease to be operative. The provisions of Articles
5 and 6 of the Treaty of Tientsin of the twenty-seventh day of the fourth
oon 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,
okow and Mengtze of Yunnan shallj remain open to the trade across the land
ontier of China and French Indo China.
Article III.—The Chinese Government may send Consuls to Hanoi or
Haiphong and to Saigon, cities of French Indo-China, and the French Gov-
ernment may continue to send Consuls to the localities mentioned in the pre-
ceding Article.
The heads and acting heads of Consulates and vice-Consulates, as well as
the members of the Consular service shall be nationals of the country which
appoints them. They shall not engage in commerce or industry.
Article IV.—Chinese nationals entering the territory of French Indo-
China and French nationals of Indo-C'hina 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 identification, to the fulfilment
concerning of formalities,
(1) passports including
(2) the system those relating
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 chan that of the nationals of any other Power.
in the The above
nationals of China
specified Chinesein localities
French Indo-China
shall not beandsubjected
the French nationals
to taxes, im-
posts or contributions higher or other than those to which nationals of the
most-favoured-nation may be subjected.
Article- VI.—Chinese goods exported from any Chinese port and trans-
ofported without
Yunnan, transhipment
Kwangsi or with and
or Kwangtung a through bill territory
using the of ladingoftoTonking,
the Provinces
shall
152 SINO-FOREIGN TREATIES
enjoy a preferential treatment and shall not he subjected to the transit duty
of the general tariff.
They will only pay a duty of 1% Likewise,' Chinese goods exported from the Provinces of Yunnan, Kwangsi
and Kwangtung to any authorized destination and using the territory of
Tonkin shall enjoy a preferential treatment and shall not be subjected to the
transit duty of the general tariff.
Minerals of any kind, raw tin, and raw hides, as well as articles hereafter
set down or to be set down subsequently in List A annexed to the present Con-
vention shall be exempted from all duties. Other goods shall pay a duty of
1% ad valorem.
War materials, arms and ammunitions which the National Government
may desire to transport in transit over the territory of Tonkin shall be
exempted from all duties.
Indo-Chinese
of troops, vessels,
arms and excepting warships
ammunitions, may ply and vesselsLang
between for the
Son transportation
and Caobang
by way of the rivers Long Ki Kong and Long Ban Giang which connect Lang
Son with Lungchou and Caobang. Such vessels and the goods transported on
them in transit shall be exempted from the, payment of any duties for their
entry in China.
uponArticle VII.—The two
the importation, Governments
exportation respectively
or transit undertake
in French not to establish
Indo-China and tbe
three Provinces of Yunnan, Kwangsi and Kwangtung, any prohibition or
restriction which is not immediately applicable to other countries.
The two Governments, however, reserve to themselves the right of imposing
any prohibitions or restrictions upon the importation, exportation or transit
of any goods from one country to the other for reasons of national defence
and national food supply, for the protection of art objects and scientific pro-
perties, fpr the prevention of epidemics or epizootics, for the protection of
harvests, for the maintenance of public morality or government monopolies,
provided that such prohibitions or restrictions are justified by absolute neces-
sity and shall be applicable, to any country or countries under the same con-
ditions.
Article VIII.—The Chinese Government in the Provinces of Yunnan,
Kwangsi add Kwangtung and the French Government on the territory of
French Irido-China shall not levy under any pretext whatsoever upon goods
respectively imported or exported by French or Chinese nationals excise duties
or internal taxes other or higher than those which are paid their own nationals
or by nationals of any other Power.
Aiticle IX. The nationals of China guilty or accused of crimes or mis-
demeanours committed in China and taking refuge on the territory of French
Indo-China and the French nationals guilty or accused of crimes or mis-
meanours committed in French Indo-China and taking refuge on the territory
of China shall, at the request of the authorities concerned and upon the proof
of their culpability, be searched for, arrested and extradited, it being under-
stood that exception will be made of all cases in which according tc inter-
national usage extradition is not effected.
years.Article X.—The
Either of thepresent
High Convention
Contractingshall be inmay
Parties forcenotify
for a the
period
otherof five
six
months before The expiration of the said period, of its desire to revise or
terminate the Convention. In case both Parties fail to notify each other in
time of their desire to revise or terminate the Convention, it shall continue
to be in force, provided, however, that at any time after the expiration of
the said five-year period either Party may notify the other of its desire to
revise or terminate the Convention, which shall then become null and void
one year after the date of such notification.
The present Convention with its annexes shall be ratified as soon as pos-
sible and the exchange of ratifications shall take place in Paris. It shall be
SHANGHAI PROVISIONAL COURT 153
Ipromulgated 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 Conventipn has been drawn up in Chinese and
ilFrench, both texts having been carefully compared aiid verified.
I In faith whereof the respective Plenipotentiaries have signed the present
sConvention
| Done at inNanking
duplicatethisandsixteenth
have affixed
day ofthereto theirmonth
the fifth seals.of the nineteenth
fiyear of the Republic of China, corresponding to the sixteenth day of May,
{nineteen hundred and thirty.
(L. S.) (Sighed) Chengting T. Wang.
(L. S.) (Signed) D. De Martel.
REORGANIZATION OE THE SHANGHAI
PROVISIONAL COURT
l 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-
3,presentatives
and insistedofonthetheChinese Government.
settlement of the affairDr.directly
C. T. with
Wangtheprotested
Ministersbn them-
July
selves. On August 2, Mr. Oudendijk accepted Dr. Wang’s proposal.
Beginning from December 9, 1929, the resultant conference held twenty-
eight meetings at Nanking. A draft agreement was drawn up and referred by
the Delegates to their respective Governments. On February 17, 1930, the
Agreement was signed at Nanking by the representatives of the Ministers of
the interested Powers, with the exception of the French delegate Mr. Koechlio,
who had not then received the necessary instructions from his Government. The
latter’s signature was, however, affixed oh 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,
ail
enceformer
to the rules, agreements,
establishment of aexchange
Chinese ofcourt
notesinetthecetera' having special
International refer-
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 tb the terms of the
present Agreement, establish in the International Settlement at Shanghai a
District .Court (Ti Fahg Fa Yuan) and a Branch High Court (Kao .Teng
Fa Yueri Fen Yuan). All Chinese laws and regulations, substantive as well
as procedural, which are now in force, or which may hereafter be duly enacted
and promulgated, shall be applicable in the Courts, due account being taken
1 of the Land Regulations and'Bye-Laws of the International Settlement, which
: are applicable pending their adoption and promulgation by the Chinese Gov-
ernment, and of the terms of the ’ present Agreement.
Judgments,
appe'al, accordingdecisions and law,
to Chinese rulings of theSupreme
’ to the BranchCbu' High,Court
rt' bf China.are subject to
154 SHANGHAI PROVISIONAL COURT
Article Hi.—The former
appearing to watch proceedings practice
or toof sitconsular
jointlydeputies or consular
in the Chinese officials
Court now
functioning in the International Settlement shall be discontinued in the Courts
established under the present Agreement.
Article IV.—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 shalj 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
186 of the Chinese Criminal Code, except where the municipal police of the
International Settlement or the party concerned has already initiated prosecu-
tion, provided that all preliminary investigations conducted by the procurator
shall be held publicly and counsel for the accused shall have the right to be
present and heard.
In other cases arising within the jurisdiction of the courts, the municipal
police or the party concerned shall prosecute. The procurator shall have the
right to express his views in court in all criminal cases in which the prosecu-
tion is initiated by the Municipal Police or the party concerned.
Article VI. All judicial processes, such as summonses, warrants, orders
et cetera, shall be valid only after they have been signed by a judge of the
Courts established
or executed by the under
judicialthepolice
presentor,Agreement,
as providedwhereupon
below, bythey
the shall be served
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
he within their power as may be requested of them.
the CourtsProcess-servers
^ respectively ofandthetheir
Courts shallshall
duties be appointed
be to servebyallthesummonses
Presidentsandof
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
SiT1 aPpoll(*\ The officers and members of the judicial police of the
?T ™Unby. thepalPresident aofndthesha11
Branch High Court, upon the
n rU 0 Council , be 8ub
Their ject to dismissal by
SrmWed
terminated hv by the President atP the £ Cause shown
request of ' the Municipal servicesCouncil
will alsouponbe
cause shown. Thev shall woai.r e j—; , i .i H i.. . 0r ..U .
authorities, and shall be subject r to the
t? rV orders and direction nf ths PW+s
brihi'chto^ udS and
faithful to their duties.
1 Th < H e of
Pris^ attached
Prison P 4«.TS~7to the * l Chinese
Pv- court detention for civil cases
now functioning in theandInternational
the Women’s
Settlement at Shanghai shall be transferred from that Court to the Courts
b h nd e r P me t a , , be
£e rb ;V« O h inte .uSitir ” ' ' .STi*
by the Courts established under the present Agreement shall at the discretion
of the said Courts, serve their sentences either in such prisons in the Settle-
ment or in Chinese prisons outside the Settlement, except that offenders against
SHANGHAI PROVISIONAL COURT 155
Ihe Police Offices Code and the Land Regulations and Bye-laws and persons
inder arrest awaiting trial shall serve their periods of detention in the Settle-
aent. The prisons in the Settlement shall be operated as far as practicable,
n conformity with Chinese prison regulations and shall be subject to inspec-
ion, from time to time, by officers appointed by the Chinese judicial authorities.
Persons sentenced to death by the Courts established under the present
Lgreement shall be sent to the Chinese authorities outside of the Settlement
or execution of such sentence.
Article VIII.—Foreign lawyers duly qualified will be admitted to practice
n the Courts established under the present Agreement in all cases in which
a foreigner is a party, provided such foreign lawyer can only represnt the
foreign party concerned. The Municipal Council may also be represented in
the same manner by duly qualified lawyers, Chinese or foreign, in any pro-
beedings 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, whp 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 accordapce 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’ certificatps
and shall be subject to Chinese laws and regulations applicable to lawyers,
including those governing their disciplinary punishment.
Article IX.—Four permanent representatives shall be appointed, two by
the Chinese Government and two by the Governments of the other Powers
signatory to the present Agreement, who together shall seek to reconcile such
differences of opinion regarding the interpretation or application of the ore-
sent Agreement as may be referred to them by the President of the Branch High
Court or by the authorities of the signatory foreign Powers, provided that
their Report shall have no binding force upon either party except by mutual
consent, it being understood that no judgments, decisions, rulings or orders
of the Courts as such shall be referred to the aforesaid representatives for
consideration.
Article X.—The present Agreement and the attached notes shall enter into
effect on April 1, 1930 and shall continue in force for a period of three years
■from that date, provided that they may be extended for an additional period
upon mutual consent of the parties thereto.
Signed February 17, 1930.
(Signed) Hsu Mo.
On behalf of the Minister for
Foreign Affairs.
J. de Pinto Dias.
On behalf of the Brazilian
Charge d’Affaires.
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
Chargi d’Affaires.
F. E. H. Groenman.
On behalf of the Netherlands
Charge d’Affaires.
f56 SHANGHAI PROVISIONAL COURT
Note From Heads of Legations Concerned to Minister for Foreign Affairs.
Nanking, February IT, 1930.
Sir,
With reference to the Agreement which \ve have signed to-day concerning
the establishment of a District Court and a Branch High Court in the In-
ternational Settlement at Shanghai, we have the honour to request your con-
firmation of our understanding on the following points :
1. —It is understood that the Courts established u
ment shall exercise jurisdiction over civil and criminal cases as well as
police offences and inquests in the International Settlement at Shanghai, pro-
vided that the jurisdiction of the said Courts over persons shall be the same
as that of other Chinese Courts and provided that their territorial jurisdic-
tion shall be the same as that of the Chinese Court now functioning in the
International Settlement at 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 the Settlement.
2. —It is understood that the present practice regar
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 be recommended
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 on the court premises and who will make an entry
of all judicial processes of the Courts, such as summonses, warrants orders
and judgments, for the purpose of service or execution in accordance with the
provisions of the above-mentioned Article.
4.- It is understood that the establishment of the Courts provided for in the
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 shaP be on
the same footing as regards validity as the judgments of all other Chinese
Courts.
o.-Ht is understood that the present Agreement does not in any wav affect
or prejudice any future negotiations regarding the status of extra-Settlement
JL—It iswith
on deposit .^dexstood
the Bankthat the sumto ofthe$60,000
of China credit (sixty
of the thousand dollars)Court
present Chinese now
in the International . Settlement shall be maintained by the Chined Government
to the credit of the new Courts established under the present Agreement,
• by theagreed
tamed Courtsthat in accordance
established under the withpresent
ChineseAgreement
law there ashall he m;room
storage
tor articles confiscated by the Courts, which iema.n «* property of the ChineS
Government, it being understood that confiscated opium and instruments for
the smoking+and preparation thereof shall be burned publicity in the Inter-
nationaL Settlement every three months and that the Municipal Council may
present to the Presidents of the -Courts for transmission to the Ministry of
SscliiS ar“«Sg ' “ “ maS deBire t0 “te "**"H»* the di.po.aj of
SHANGHAI PORVISIONAL 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-
ational Settlement shall be dealt with in the Courts established under the
resent Agreement in accordance with the procedure in force in the latter
lourts, provided that the proceedings in mixed cases shall, as far as practi-
ible, be continued from the point where they are taken over and concluded
Hth a period of twelve months which period may be extended at the discretion
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. Meybick Hewlett.
On behalf of His Britannic
Majesty's Minister.
L. Gbonvold.
On behalf of the Norwegian
Charge d'Affaires.
F. E. H. Gboeman.
on behalf of the Netherlands
Charge d'Affaires.
Identic Note From Minister fur Foreign Affairs to Heads of I/Egationb
Concerned.
Nanking, February 17, 1930.
hr,
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-
rict Court and a Branch High Court in the International Settlement at
Shanghai, in which you request my confirmation of the following points: (See
^receding letter).
In reply I have the honour to confirm the understooding of the point* as
[uoted above.
(Signed) Hsu Mo.
On behalf of the Minister for
Foreign Affairs.
CHARTER OR THE COLONY OE HONGKONG
Letters Patent passed under the Great Seal of the United Kingdo
constituting the office of Governor and Coinmander-in-Chief of t
Colony of Hongkong and its Dependencies.
George the Fifth by the Grace of God of the United Kingdom of Gre
Britain and Ireland and of the British Dominions beyond the S(
King, Defender of the Faith, Emperor of India: To all to whc
these Presents shall come, Greeting.
Whereas, by certain Letters Patent under the Great Seal of O'
United Kingdom of Great Britain and Ireland, bearing date at Westmir
ter the Nineteenth day of January 1888, Her Majesty Queen Victoria d
constitute the office of Governor and Commander-in-Chief in and ov
the Colony of Hongkong and its Dependencies, as therein decribed, at
did provide for the Government thereof:
And whereas by Orders of Her said Majesty in Her Privy Counj
Pf bearing date respectively the Twentieth day October, 1898, and tbs
Twenty-seventh day of December, 1899,1 certain territories adjacent to tj
said Colony were, for the term therein -fuerred to, declared to be part ai
parcel of the Colony in like manner and for all intents and purposes as
they had originally formed part of the Colony:
And whereas We are minded to make other provision in lieu of t!
above recited Letters Patent of the Nineteenth day of January 1888: .
Now, know ye that We do by these presents revoke the above recit
SST judice Letters Patent of the Nineteenth day of January, 1888, but without pi
to anything lawfully done thereunder; and We do by these Oi
Letters Patent declare Our Will and Pleasure as follows:
Our I-—There shall be a Governor
Colony of Hongkong and Commander-in-Chief
and its Dependencies (hereinafterincalled
and ov|t
Colony), and appointments to the said Office shall be made by Commissii
under Our Sign Manual and Signet.
II. and
Governor We Commander-in-Chief
do hereby authorise,(hereinafter
empower, called
and the
command our tosa
Governor)
and execute all things that belong to his said office, according to the teno
of these our Letters Patent and of any Commission issued to him und<
Our Sign Manual and Signet, and according to such Instructions as maw
from time to time be given to him, under Our Sign Manual and Signet, |
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
force in the Colony.
Publication
Governor’s of HI- Every person appointed to fill the office of Governor shall wii
mission. Com- all due solemnity, before entering upon any of the duties of his offict
cause the commission appointing him to be Governor to be read an.
published m the presence of the Chief Justice or other Judge of thi
Supreme Court, and of such Members of the Executive Council of th
CHARTER OF THE COLONY OF HONGKONG
louv as can conveniently attend; which being done he shall then and
ire take before them the Oath of Allegiance in the form provided by an bjo^ernor*1*60
t passed in the session holden in the Thirty-first and Thirty-second
irs of the reign of Her Majesty Queen Victoria, intituled “ An Act to fc^vs^cNI1
pnd the Law relating to Promissory Oaths and likewise the usual
th for the due execution of the office of Governor, and for the due and
partial administration of justice; which Oaths the said Chief Justice or
Ige, or if they be unavoidably absent, the senior Member of the
ecutive Council then present, is hereby required to administer.
IV. —The Governor shall keep and use the public seal of the Colony Pabho Se
■ sealing all things whatsoever that shall pass the said public seal.
V. —There shall be an Executive Council in and for the Colony and council'™
}.said Council shall consist of such persons as We shall direct by
itructions under Our Sign Manual and Signet, and all such persons shall
Id their places in the said Council during Our pleasure. The Governor
y upon sufficient cause to him appearing suspend from the exercise of
> functions in the Council any Member thereof pending the signification
Our pleasure, giving immediate notice to Us through one of Our Prin-
>al Secretaries of State. If the suspension is confirmed by Us through
e of Our Principal Secretaries of State the Governor shall forthwith by
instrument under the Public Seal of the Colony revoke the a,ppoint-
>nt of such Member, and thereupon his seat in the Council shall become
cant.
VI. —There shall be a Legislative Council in and for the Colony, and oolncn”
3 said Council shall consist of the Governor and such persons as We
all direct by any Instructions under Our Sign Manual and Signet, and
such persons shall hold their places in the said Council during Our
jasure. The Governor may upon sufficient cause to him appearing
spend from the exercise of his functions in the Council any Member
ereof pending the signification of Our pleasure, giving immediate notice
Us through one of Our Principal Secretaries of State. If the suspension
confirmed by Us through one of Our Principal Secretaries of State the
jvernor shall forthwith by an instrument under the Public Seal of the
ilony revoke the appointment of such Member, and thereupon b's seat
the Council shall become vacant.
VII. —The Governor, by and with the advice and consent C of th f^cea
sgislative Council, may make laws for the peace, order, and good govern sent ofConncii,
0 make I,aW6
ent of the Colony. -
VIII. —We do hereby reserve to Ourselves, Our heirs and successors, Dis
11 power and authority to disallow, through one of Our Principal Secret- Laws'
les of State, any such law as aforesaid. Every such disallowance shall
ke effect from the time when the same shall be promulgated by the
ovemor in the Colony.
IX. —We do also reserve to Ourselves, Our heirs and successors, Our Power of
id their undoubted right, with advice of Our or their Privy Council, [“‘the'cJown'1
i make all such laws as may appear necessary for the peace, order, and
>od government of the Colony.
X. —When a Bill passed by the Legislative Council is presented to the Assent to B
overnor for his assent he shall, according to his discretion, but subject
• any Instructions addressed to him under Our Sign Manual and Signet
: through one of Our Principal Secretaries of State, declare that he as-
fents thereto, or refuses his assent to the same, or that he reserves the
tme for the signification of Our pleasure.
XI. —A Bill reserved for the signification of Our pleasure shall take Reserved
Sect so soon as We shall have given Our assent to the same by Order in
CHARTER OF THE COLONY OF HONGKONG
Council, or through one of Our Principal Secretaries of State, and th#
Governor shall have signified such assent by message to the Legislate
Council dr by proclamation; Provided that no such message shall be issue
after two years from the day on which the Bill was presented to tl
Governor for his assent.
XII. —In t
Council shall conform to and observe all rules, regulations, and direction
in that behalf contained in any Instructions under Our Sign Manual an
Signet.
XIII. —T
execute, under the Public Seal of the Colony, grants and dispositions <
any lands which may be lawfully granted or disposed of by Us. Provide
that every such grant or disposition be made in conformity either wii
some law in force in the Colony or with some Instructions addressed i
the Governor under Our Sign Manual and Signet, or through one of Oi
Principal Secretaries of State, or with some regulations in force in ti
Colony.
poweredJudges
to ap- XIY.—The Governor may constitute and appoint all such Judg<
other officers.and Commissioners,
point Justices of the Peace, and other necessary Officers an
Ministers in the Colony, as may lawfully be constituted or appointed E
Us, all of whom, unless otherwise provided by law, shall hold their offiq
during Our pleasure.
XY.—When any crime or offence has been committed within th
Colony, or for which the offender may be tried therein, the Governor maj
as he shall see occasion, in Our name and on Our behalf, grant a pardoj
to any accomplice in such crime or offence who shall give such informatiq
as shall lead to the conviction of the principal offender, or of any one J
such offenders, if more than one; and further, may grant to any offend^
convicted of any crime or offence in any Court, or before any Judge d
other Magistrate within the Colony, a pardon either free or subject a
lawful conditions, or any remission of the sentence passed on such pffenda
or any respite of the execution of such sentence for such period as th
Governor thinks fit, and may remit any tines, penalties, or forfeitures dr
or accrued to Us. Provided always that the Governor shall in no cag_
except when the offence has been of a political nature unaccompanied ti
any other grave crime, make it a condition of any pardon or remission (j
sentence1 that the offender shall be banished from or shall absent himse|
or be removed from the Colony.
Dismissal
Suspension and XVI. Ihe Governor may, upon sufficient cause to him appearin
officers. of dismiss any public officer not appointed by virtue of a Warrant from I
whose pensionable emoluments do not exceed one thousand dollars or or
hundred pounds sterling a year, according as the said emoluments ai
fixed, with reference to dollars or to pounds sterling as the case may b
provided that in every such case the grounds of intended dismissal at
definitely stated in writing and communicated to the officer in order thi
he may have full opportunity of exculpating himself, and that the matti
is investigated by the Governor with the aid of the head for the time b
ing of the department in whicli the officer is serving
suspend jcfrom the “ ’ 1 office
V exercise auuioxciib nd,use holding
to mm appearmg, an
Colony whether appointedof bybisvirtue ofanyanyperson
Commission oranyWarrant
office inti
froi
Us, or in Our name, or by any other mode of appointment. Such suspen
sion shah continue and have effect only ipitil Our pleasure therein shall b
signified to the Governor. If the suspension is confirmed by one
Our Principal Secretaries of State, the Governor shall forthwith car
CHARTER OP THE COLONY OF HONGKONG 161
officer to be so informed, and thereupon his office shall become vacant,
proceeding to any such suspension, the Governor is strictly to observe
directions in that behalf given to him by Our Instructions as aforesaid.
XVII.—Whenever the office of Governor is vacant, or if the Governor Succession to
ome incapable, or be absent from the Colony, Our Lieutenant Governor Government-
be Colony, or if there shall be no such Officer therein, then such person
)ersons as may be appointed under the Eoyal Sign Manual and Signet,
l in default of any such appointment, the person lawfully discharging
functions of Colonial Secretary shall during Our pleasure administer
! Government of the Colony, first taking the Oaths herein before directed Proviso, oaths
be taken by the Governor and in the manner herein prescribed; which of office-
ng done, We do hereby authorise, empower, and command Our Powers, &o., of
sutenant Governor, or any other such Administrator as aforesaid, to Administrator,
and execute, during Our pleasure, all things that belong to the office of
vernor and Commander-in-Chief, according to the tenour of these Our
iters Patent, and according to Our Instructions as aforesaid, and the
rs of the Colony.
XVIII.—And Wedo hereby require and command all Our officials and officers and
nisters, civil and military, and all other inhabitants of the Colony, ”tnhde”at“tobey
be obedient, aiding and assisting unto the Governor and to any person Governor,
the time being administering the Government of the Colony.
« XIX.—In these Our Letters Patent the term “ the Governor ” shall Term “ Gover-
Mlude every person for the time being administering the government of nor *xp ame ‘
> Colony.
XX. —And We do hereby reserve to Ourselves, Our heirs and successors, ^0"« r ^
1 power and authority, from time to time, to revoke, alter, or amend to revoke^aftJr4 t a
me Our Letters Patent as to Us or them shall seem meet. Letters Patent”
XXI. —And We do further direct and enjoin that these Our Letters Publ
tent shall be read and proclaimed at such place or places within the tetters Patent-
lony as the Governor shall think fit, and shall come into operation on
lay to be fixed by the Governor by Proclamation.
In witness whereof We have caused these Our Letters to be made
tent. Witness Ourself at Westminster, the Fourteenth day of February
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 th
Governor and Commander-in-Chief of the Colony of Hongtong an
its Dependencies.
George R.I.*
Instructions to Our Governor and Commander-in-Chief in and over Oi
Colony of Hongkong and its Dependencies or other Officer for th
time being administering the Government of Our said Colony an
4s Dependencies.
Whereas by certain Letters Patent under the Great Seal of Odi
United Kingdom of Great Britain and Ireland, bearing even dal
Recites
Patent Letters
of even herewith,'We have made provision for the office of Governor and Con
date. mander-in-Chief (therein and hereinafter called the Governor) in ainfi
oyer Our Colony of Hongkong, and its Dependencies (therein and herj
inafter called the Colony) :
And whereas We have thereby authorised and commanded the GoJ
emor' 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 if
sued to him under Our Sign Manual and Signet and according to su<
Instructions as may from time to time be given to him under Our Sig
Manual and Signet or by Order in Our Privy Council or by Us througl
one of Our Principal Secretaries of State and to Such laws as are now o
shall hereafter be in force in the Colony:
Recites
tions of Instnu
19th1888, tionsAnd whereas Her Majesty Queen Victoria did issue certain Instru
January,
itnd Additional to the Governor under Her Sign Manual and Signet bearing da'
Instructions of the Nineteenth day of January, 1888, and certain Additional Instructioi
7th July, 1896. bearing date the Seventh day of July, 1896 :
And whereas We are minded to substitute fresh Instructions f the aforesaid Instructions and Additional Instructions :
structions of Manual Now therefore We do, by these Our Instructions under Our Sid
19th
1888, January,
and Addi- and Signet, revoke as from the date of the coming into operd
tional tion of Our said recited Letters Patent, the aforesaid Instructions i
tions ofInstruc-
7th July the Nineteenth day of January, 1888, and the aforesaid Addition]
Instructions of the Seventh day of July, 1896, but without prejudice^*
anything lawfully done thereunder, and instead thereof We do direJ
and enjoin and declare Our will and pleasure as follows:
' I. The Governor may, whenever he thinks fit, require any persd
in the public service of the Colony to take the Oath of Allegiance, in tl
form prescribed by the Act mentioned in Our said recited Letters Pateni
together with such other Oath or Oaths as may from time to time l
prescribed by any laws in force in the Colony. The Governor is t]
administer such Oaths, or to cause them to be administered by somj
public officer of the Colony. '
ROYAL INSTRUCTIONS—HONGKONG 168
of
II.—The Executive Council of the Colony shall consist of the Lieut-
nt-Governor of the Colony (if any), the Senior Military Officer for Council.
(ie time being in command of Our regular troops within the Colony,
ie persons for the time being lawfully discharging the functions of
blonial Secretary, of Attorney-General, of Secretary for Chinese Affairs,
id of Treasurer of the Colony, who are hereinafter referred to as
officio Members, and of such other persons as at the date of the
:ming into operation of Our said recited Letters Patent are Members
the said Council, or as We may from time to time appoint by any
istructions or Warrant under Our Sign Manual and Signet, or as the
overnor in pursuance of Instructions from Us through one of Our
rincipal Secretaries of State may from time to time appoint under
le 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 Provisional
le Executive Council of the Colony shall, by writing under his hand, EberTof
isign his seat in the Council, or shall die, or be declared by the 0ouno1 Executive
overnor by an Instrument under the Public Seal of the Colony to be '
icapable of exercising his functions as a Member of the Council, or be
isent from the Colony, or shall be acting in an office the holder of
hich is an ex officio Member of the Council, or shall be suspended from
le exercise of his functions as a Member of the Council, the Governor
tay, by an Instrument under the Public Seal of the Colony, provisionally
appoint any public officer to be temporarily an Official or Unofficial
relember of the Council, and any person not a public officer to be tem-
orarily an Unofficial Member of the Council in the place of the Member
> resigning, or dying, or being suspended, or declared incapable, or
eing absent, or sitting as an ex officio Member.
Such person shall forthwith cease to be a Member of the Council if
is appointment is disallowed by Us, or if the Member in whose place he
as appointed shall be released from suspension, or, as the case may be,
lall be declared by the Governor by an Instrument under the Public
eal capable of again discharging his functions in the Council, or shall
sturn to the Colony, or shall cease to sit in the Council as an ex officio
IV. —The Governor shall without delay, report to Us, for Our con- Such p
rmation or disallowance, through one of Our Principal Secretaries of beammSiateiy*
tate, every provisional appointment of any person as a Member of the reported.
lid Executive Council. Every such person shall hold his place in the
louncil during Our pleasure, and the Governor may by an Instrument
nder the Public Seal revoke any such appointment.
V. —The Official Members of the Executive Council shall take pre- Preceden
adence of the Unofficial Members, and among themselves shall have
sniority and precedence as We may specially assign, and, in default
lereof, first, the ex officio Members in the order in which their offices
re above mentioned (except that the Senior Military Officer, if below
le rank of Lieutenant-Colonel in Our Army, shall take precedence after
le person lawfully discharging the functions of Attorney-General), and
len other Official Members and all Unofficial Members according to the
riority of their respective appointments, or if appointed by or in pur-
aance of the same Instrument, according to the order in which they are
amed therein.
VI. —The Governor shall forthwith communicate these Our Instruc- Gover
ions to the Executive Council, and likewise all such others, from time to ^ruStWto
ime, as We may direct, or as he shall find convenient for Our service to Council Executive
apart to them. -
*6
164 ROYAL INSTRUCTIONS—HONGKONG
Executive
Council not to VII. —Th
proceed business unless duly summoned by authority of the Governor, nor unle
businesstounless
summoned two Members at the least (exclusive of himself or of the Member presi
Governor's by
authority.
ing), be present and assisting throughout the whole of the meetings J,
which any such business shall be despatched.
Quorum.
Who to preside. VIII. —
the Executive Council, unless when prevented by illness or other gra,
cause, and in his absence such Member as the Governor may appoint, or
the absence of such Member the senior Member of the Council actual
present, shall preside.
Executive IX. —Minu
Council Executive Council; and at each meeting of the Council the Minutes
kept. to be the last preceding meeting shall be confirmed or amended, as the ca
may require, before proceeding to the despatch of any other business. *
To behometransmit-
ted twice precedingTwice in each year a full and exact copy of all Minutes for t
half year shall be transmitted to Us through one of 0
Principal Secretaries of State.
Governor
consult to
Execu Governor X. —In the
tive Council. by Our said recited Letters Patent, he shall in all cases const]
with the Executive Council, excepting only in cases which may be of sut
a nature that, in his judgment, Our service would sustain material pr
judice by consulting the Council thereupon, or when the matters to j
decided shall be too unimportant to require their advice, or too urge]
to admit of their advice being given by the time within which it may h
necessary for him to act in respect of any such matters. In all 'sac*
urgent cases he shall, at the earliest practicable period, communicate tw
the Executive Council the measures which he may so have adopted, wit
the reasons therefor.
Governor toalone XI-—TheCouncil
Governorforshall
entitled
mit questions. sub- the Executive theiralone
advicebeorentitled
decision;to but
submit questions
if the GovernI
decline to submit any question to the Council when requested in writii
by auy Member so to do, it shall be competent to such Member
require that there be recorded upon the Minutes his written application
together with the answer returned by the Governor to the same.
Governor may XU- The Governor
act in opposition
to Executive totiesthegranted
Council. to him by Ourmay,saidinrecited
the exercise
LettersofPatent,
the powers
act inandoppositid
authon
advice given to him by the Members of the Executive Council, j
he shall in any case deem it right to do so; but in any such case he sha
Member
require may fully
their
report the matter to Us by the first convenient opportunity, wif
the grounds and reasons of his action. In every such case it shall b4
adverserecorded recorded attolength
ton beMinutopinion competent any Member of the said Council to require that there bi
on the Minutes the grounds of any advice or opiniJ
he may give upon the question.
Constitution
Legislative of XIII.—The Legislative Council of the Colony shall consist of thi
Council. Governor, the Lieutenant-Governor (if any), the Senior Military Ofiicd
for the time bemg in Command of Our regular troops within the Colon!
the persons for the time being lawfully discharging the functions oi
Colonial Secretory Attorney-General, Secretary for Chinese Affairs, ad
Treasurer of the Colony, and such other persons holding office in th<
Colony,
< the
and not exceeding four in number at any one time, as at the dab
^n. i Membersmtof* the
Official Members Official °Perat on of
said\ Council,Ourorsaid recited
as We may Letters
from timePatent ar(
to tim*
appoint by any Instructions or Warrants under Our Sign Manual ad
Signet, or as the Governor, m pursuance of Instructions from Us throng
ROYAL INSTRUCTIONS—HONGKONG 165
■me of Our Principal Secretaries of State, may from time to time
'ppoint by an Instrument under the Public Seal of the Colony, and all
ich persons shall be styled Official Members of the Legislative Council;
ad further of such persons, not exceeding eight in number at any one time,
3 at the date of the coming into operation of Our said recited Letters
’atent are Unofficial Members of the said Council, or as the Governor, Unofficial
i pursuance of Instructions from Us through one of Our Principal
ecretaries of State, may from time to time appoint by an Instrument
nder the Public Seal of the Colony, and all such persons shall be
tyled Unofficial Members of the Legislative Council.
If any Official Member of the Legislative Council cease to hold
ffice in the Colony his seat in the Council shall thereupon become
acant. [As amended by Additional Instructions dated 15-11-28.]
XIV.—Whenever any Member other than an ex officio Member of Provisional
he Legislative Council of the Colony shall, by writing under his hand, piers>!?c0ein,hsent of1 Mem"
esign his seat in the Council, or shall die, or be suspended from the ^ *''•
xercise of his functions as a Member of the Council, or be declared by
he Governor by an Instrument under the Public Seal of the Colony
iO be incapable of exercising his functions as a Member of the Council, or
>e absent from the Colony, or shall be acting in an office the holder of
vhich
r is an ex officio Member of the Council, or if his seat become
acant, or whenever any person shall be lawfully discharging the func-
ions of more than one of the offices the holders of which are ex officio
Members of the Council, the Governor may, by an Instrument under the
Public Seal of the Colony, provisionally appoint in his place some person
,o be temporarily an Official or Unofficial Member of the Council, as the
;ase may be.
Every person so provisionally appointed shall forthwith cease to be
i Member of the Council if his appointment is disallowed by Us, or
•evoked by the Governor, or superseded by the definitive appointment of
tn 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
•eleased 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
ix 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
fcion or disallowance, through one of Our Principal Secretaries of State, bere Ported
every provisional appointment of any person as an Official or Unofficial P -
Member of the Legislative Council.
Every such person shall hold his place, in the Council during Our Revocation
gpleasure, and the Governor may, by an Instrument under the Public Seal, appointments,
■revoke any such appointment. [As amended by Additional Instructions dated 15-11-28.]
| XY.—[This clause was revoked by Additional Instructions dated
^November 15th, 1928.]
XYI.—[This clause was revoked by Additional Instructions dated
gJanuary 10th, 1922.]
XVII.—If any Unofficial Member of the Legislative Council shall Seats declared
scome bankrupt or insolvent, or shall be convicted of any criminal offence, cases!” certain
ir shall absent himself from the Colony for more than three months
without leave from the Governor, the Governor may declare in writing that
ithe seat of such Member at the Council is vacant, and immediately on the
'publication of such declaration he shall cease to be a Member of the Council.
166 EOYAL INSTRUCTIONS—HONGKONG
XVIII.—Any Unofficial Member may resign his seat at the Gounc
by writing under his hand, but no such resignation shall take effect unt
it be accepted in writing by the Governor, or by Us through one of Oi
Principal Secretaries of State.
SansHotbusiness
notwithstanding XIX—The
transaction Legislative Councilof shall not be disqualified from tl
vacancies. thereof: butoft tiebusiness on account
said Council shall notany be vacancies
competentamong to acttheinMembej
any caj
Quorum. unless (including the Governor or the Member presiding) there be presel
at and throughout the meetings of the Council five Members at the leas
m er9 * °f
Members' ‘ as WeXX.—The may speciallyMembersassign,of the
and Legislative Council asshall
in default thereof, take:—precedenf
follows
(1) First, the Official Members in the following order:—
(a) The ex OJRcio Members in the order in which their offici
are mentioned (except that the Senior Military Officer,
below the rank of Lieutenant-Colonel in Our Army, sha
take precedence after the person lawfully discharging tl
functions of Attorney-General).
(b) Other Official Members according to the priority of the
respective appointments, or if appointed by or in pu
suance of the same Instrument, according to the.ord<
in which they are named therein.
(2) Secondly, the Unofficial Members in the following order:—
(«) TheExecutiveUnofficial Members who are also Members of th
Council of the Colony according to the pr<
cedence taken as, between themselves as Member^ of th
Executive Council.
(b) Other Unofficial Members according .to the priority of the
respective appointments, or if appointed by or in pui
suance of the same Instrument, according to the order 1
which they are named therein: Provided that any sue*
Unofficial Member who is re-appointed immediately ol
the termination of his term of office shall as betwee
himself and other Unofficial Members who are opt als
Members of the Executive Council take precedent
according to the date from which he has been coi
tinously a Member of the Legislative Council.
[As amended by Additional Instructions of 20-11-21
o preside. XXI. I he Governor shall attend and preside in the Legislativ
Council, unless prevented by illness or other grave cause; and m hi
absence any Member appointed by him in writing shall preside, or, i
default of such Member, the Member who is first in precedence of thof
present shall preside.
n 8 be
Ed b y°a , XXp-Ai/ questions proposed for debate in the Legislative Counc:
Governor
toandhave , „ havetheanmajority
1? shall of votes,in common
and the Governor or the Memberj
Membe
casting vote, of the Council, and also a castingvotevote,
original presiding original if upon with
any the other
question the vot
shall be equal.
£“e.rder .mg rules XXIIIand orders
The Legislative Council may
for the regulation fromowntimeproceedings
of their to time make stand
; provide
such
or to rules
theseandorders. be not repugnant
Our Instructions, or to anytootherOur Instructions
said recited Letters
from UsPatenl unde
Our Sign Manual and Signet.
ROYAL INSTRUCTIONS—HONG KONG 167
XXIV. —It shall be competent for any Member of the Legislative
mncil to propose any question for debate therein ; and such question, if
londedby any other Member, shall be debated and disposed of according
the standing rules and orders. Provided always that every ordinance
te, resolution, or question, the object or effect of which may be to
spose of or charge any part of Our revenue arising within the Colony,
all be proposed by the Governor, unless the proposal of the same shall
ve been expressly allowed or directed by him.
XXV. —In the passing of Ordinances the Governor Rulesand
and regula-
the Council
all observe, as far as practicable, the following Rules:— whieh
are to Ordinances
be enacted.
1. —All laws shall be styled “ Ordinances,” and the enacting words
all be, “ enacted by the Governor of Hongkong, with the advice and
nsent “of the Legislative Council thereof.”
2. —All Ordinances shall be distinguished by titles, and Ordinances
shall andtobebe
vided into successive clauses or paragraphs, numbered consecutively, and numbered
1 every such clause there shall be annexed in the margin a short summary methodically
arranged.
I its contents. The Ordinances of each year shall be distinguished by
nsecutive numbers, commencing in each year with the number one.
Except in the case of Bills reserved for the signification of Our plea-
ire, all Ordinances passed by the Legislative Council in any one year shall,
assented to by the Governor, be assented to by him in that year, shall
) dated as of the day bn which the assent of the Governor is given, and
tall be numbered as of the year in which they are passed. Bills not so
sented to by the Governor, but reserved by him for the signification of
nr pleasure, shall be dated as of the day and numbered as of the year on
•id in which they are brought into operation.
3. —Each different matter shall be provided for by aDifferent subjects
different
;dinance, without intermixing in one and the same Ordinance such things not to beOrdin-
mixed
have no proper relation to each other; and no clause is to be inserted inance. same No clause
or annexed to any Ordinance which shall be foreign to what the title of toforeign be introduced
to what
title of Ordinance
ich Ordinance imports, and ho perpetual clause shall be part of any imports. Tempor-
mporary Ordinance. ary Ordinances.
XXVI. —The Governor shall not, except in the cases hereunder men
oned, assent in Our name to any Bill of any of the following classesassented to.1’*
1. —Any Bill for the divorce of persons joined together in Ixoly matri-
)ny :
2. —Any Bill whereby any grant of land or money, or other donation
gratuity, may be made to himself:
3. —Any Bill affecting the Currency of the Colony or relating to the
sue of Bank notes :
!fiering
T.—Any Bill establishing
the constitution, powers,anyor privileges
Banking Association, or amending
of any Banking Association:or
5. —Any Bill imposing differentiaTduties :
6. —Any Bill the provisions of which shall appear inconsistent with
bligations imposed upon TJs by Treaty :
7. Any Bill interfering with the discipline or control of Our forces by
fid, sea, of air :
1, . 8.—Any Bill of an extraordinary nature and importance, whereby
)ur prerogative, or the rights and property of Our subjects not residing
m the Colony, or the trade and shipping of Our XTpited Kingdon and its
Dependencies, may be prejudiced:
EOYAL INSTRUCTION S'—HONGKON G
9. —Any Bill wh
be subjected or made liable to any disabilities or restrictions to which
persons of European birth or descent are not also subjected or made liablr
10. —Any Bill
refused, or which have been disallowed by Us :
emergencj' for have Unless
ofimmediate in the case of any such Bill as aforesaid the Governor sha]
previously obtained Our instructions upon such Bill through one o
operation
Ordinance.of an suspending
Our Principal Secretaries of State, or unless such Bill shall contain a claus
the operation of such Bill until the signification of Oi
pleasure thereupon, or unless the Governor shall have satisfied himse
that an urgent necessity exists requiring that such Bill be brought int
immediate operation, in which case he is authorised to assent in Our nam
to such Bill, unless the same shall be repugnant to the law of England,
inconsistent with any obligations imposed on Us by treaty. But he is
transmit to Us, by the earliest opportunity, the Bill so assented to togethf
with his reasons for assenting thereto.
XXVII.—Every Bill intended to affect or benefit some particular pei
son, association or corporate body shall contain a section saving the right
of Us, Our heirs and successors, all bodies politic and corporate, and a
others except such as are mentioned in the Bill and those claiming by, fron
and under them. No such Bill, not being a Government measure, shall b
introduced into the Legislative Council until due notice has been give
by not less than two successive publications of the Bill in the Hongkon
Government Gazette, and in such other manner as may be required by th
Standing Buies and Orders for the time being in force; and the Governo
shall not assent thereto in Our name until it has been so published. ™
certificate under the hand of the Governor shall be transmitted to Us witJ
the Bill signifying that such publication has been made.
CoOrdinances,
duly beauthenti-
sent home &c., XXVIII.—When any Ordinance shall have been passed or when any]
Bill shall have been reserved for the signification of Our pleasure, the|
Governor shall transmit to Us, through one of Our Principal Secretaries ofl
State, for Our final approval, disallowance or other direction thereupon, U
full and exact copy in duplicate of the same, and of the marginal summarw
thereof,
u: own — duly authenticated under' the Public Seal of the Colony,tori and bid
his signature. Such copy shall be accompanied by such explanatory,
observations as may be required to exhibit the reasons and occasion foi
passing such Ordinance or Bill.
Collection
Ordinances ofto be XXIX. At the earliest practicable period at the commencement oi
each
published every for general year, the Governor shall cause a complete collection to be published
information,of all Ordinances enacted during the precedinj
Minutes ofofpro-
ceedings XXX. Minutes shall be regularly kept of the proceedings of th
LegislativeCoun-
oilsend
to behome
kept,and Legislative Council, and at each meeting of the said Council, the Minute
after of the last preceding meeting shall be confirmed, or amended, as the cas
every meeting. may require, before proceeding to the despatch of any other business.
The Governor shall transmit to Us, through one of Our Principa
Secretaries of State, as soon as possible after every meeting a full an<
exact copy of the Minutes of the said Council,
Surveys
reservations and ™. Before disposing of any vacant or waste land to Us belong;
be made beforeto mg the Glovernor shall cause the same to be surveyed, and such reservation!
disposed of. to be made thereout as he may think necessary for roads or other publk
Governor lands.
purchase not t< purposes. The Governor shall not, directly or indirectly, purchase fof
mmself any of such lands without Our special permission given through
one of Our Principal Secretaries of State.
ROYAL INSTRUCTIONS—HONGKONG
I XXXII.—All Commissions to be granted by the. Governor to any per- Appointmentste
n or persons for exercising any office or. employment shall, unless other- and duVrin°nal
11else provided by law, be granted during pleasure only; and whenever the pleasure”^
overnor shall appoint to any vacant office or employment, of which the
i itial emoluments exceed one thousand dollars or one hundred pounds
s srling a year, according as the said emoluments are fixed with reference
dollars or to pounds sterling, as the case may be, any person hot by Us
: >ecially directed to be appointed thereto, he shall, at the same time, ex-
#essly appraise such person that such appointmentis to be considered only
t temporary and provisional until Our allowance or disallowance thereof
signified.
XXXIII.—Before suspending from the exercise of his office any public suspension;of
Beer whose annual pensionable emoluments exceed one thousand dollars Offiofrs-
■ one hundred pounds sterling, according as the said emoluments are fixed
ith reference to dollars or to pounds sterling, as the case may be, the
overnor shall signify to such officer, by a statement in writing, the
•ounds of the intended suspension, and shall call upon him to state in
riting the grounds upon which he desires to exculpate himself, and if the
Beer does not furnish such statement within the time fixed by the Gover-
>r, or fails to exculpate himself to the satisfaction of the Governor, the
overnor shall appoint a Committee of the Executive Council to investigate
ie charge made and to make a full report to the Executive Council. The
overnor shall forthwith cause such report to be considered by the Council,
id shall cause to be recorded on the Minutes whether the Council or the
ajority thereof does or does not assent to the suspension; and if the
overnor thereupon proceed to such suspension, he shall transmit the
port of the Committee and the evidence taken by it, together with the
Inutes of the proceedings of the Council, to Us through one of Our
rincipal Secretaries of State by the earliest opportunity. But if in any
,se the interests of Our service shall appear to the Governor to demand
iat a person shall cease to exercise the powers and functions of his office
stantly, or before there shall be time to take the proceedings hereinbefore
rected, he shall then interdict such person from the exercise of the powers
tid functions of his office.
XXXIY.—Whenever any offender shall have been condemned by Regulation of
le sentence of any Court in the Colony to suffer death, the Governor fn^pitai^ees”
fall call upon the Judge who presided at the trial to make to him a written Judge’s report ’
jport of the case of such offender, and shall cause such report to be taken beforeExecntive
ito consideration at the first meeting of the Executive Council which may Council,
e conveniently held thereafter, and he may cause the said Judge to be
lecially summoned to attend at such meeting and to produce his notes
lereat. The Governor shall not pardon or reprieve any such offender
nless it shall appear to him expedient so to do, upon receiving the advice Governor to take
f the Executive Council thereon ; but in all such cases he is to decide tfvTe'counfueinU‘
ither to extend or to withhold a pardon or reprieve, according to his own Mah exercise
eliberate judgment, whether the Members of the Executive Council concur own judgment
herein or otherwise, entering, nevertheless, on the Minutes of the Execu- gonso^Coundi’
ive Council a Minute of his reasons at length, in case he should decide Minutes, if un-
,ny such question in opposition to the judgment of the majority of the theadviceoVthe
Members thereof. majority.
XXXY.—The Governor shall punctually forward to Us from year to Blue Book,
pear, through one of Our Principal Secretaries of State, the annual book
}f returns for the Colony, commonly called the Blue Book, relating to
vhe Revenue and Expenditure, Defence, Public Works, Legislation, Civil
Establishments, Pensions, Population, Schools, Course of Exchange,
170 ROYAL INSTRUCTIONS—HONGKONG
Imports and Exports, Agriculture, Produce, Manufactures, and othei
matters in the said Blue Book more particularly specified, with referenc'
to the state and condition of the Colony.
Governor’s XXXVI.—The Governor shall not upon any pretence whatever quit
absence. the Colony without having first obtained leave from Us for so doim
under Our Sign Manual and Signet, or through one of Our Principa
Secretaries of State.
Governor XXXVII.—In these Our Instructions the term “the Governor” shall
explained.’ unless inconsistent with the context, include every person for the tim<
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 EOYAL INSTRUCTIONS
ditonal 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 duration of the appointment of Unofficial
Members of the Executive Council and of the Legislative Council
of that Colony.
Dated 10th January, 1922. George B.I.
iditional 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,
lited Kingdom of Great Britain and Ireland bearing date at West-
flnster the Fourteenth day of February, 1917, We did make provision
fl- the Government of Our Colony of Hongkong and its Dependencies
ereinafter called the Colony) and did amongst other things declare Recites Letters
it there should be an Executive Council and a Legislative Council in February,Yen.
d for the Colony which should consist of such persons as We might
:ect by Instructions under Our Sign Manual and Signet:
And whereas by Our Instructions under Our Sign Manual and
rnet, bearing date the Fourteenth day of February, 1917, We did con- February, un?.
tute the said Executive and Legislative Councils as therein is set
•th:
And whereas We are minded to make further provision respecting
3 said Executive and Legislative Councils :
Now, therefore. We do, as from the date of the receipt in the Colony Revokes clause0
these Our Additional Instructions under Our Sign Manual and tionVoVm™
gnet, hereby revoke the Sixteenth Clause of Our said Instructions of February, 1917
e Fourteenth day of February, 1917, without prejudice to anything
wfully done thereunder, and We do direct and enjoin and declare Our
ill and pleasure as follows:
I.--Every Unofficial Member of the Executive Council appointed Faoation^of
after the date of the receipt of these Our Additional Instructions 'fffieial ^Members
in the Colony shall vacate his seat at the end of five years from ° ^?,utive
the date of the Instrument by which, or in pursuance of which, o
he is appointed, unless it is otherwise provided by that Instru-
menr.
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-appofntmeYt.
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 INSTEUCTIONS—HONGKONG
PrecedenceMera-
Unofficial of II. —Every Un
bera re appoint- appointed immediately on the termination of his term of Office
shall take precedence according to the date from which he has
been continuously a Member of the said Council.
Vacation
byMembers of seats III.
Unofficial —Every
Legislativeof Additional Instructions in the Colony is an Unofficial Member
of the Legislative Council may retain his seat until the end of six
years, and every Unofficial Member appointed after the date of
the receipt of these Our Additional Instructions in the Colony
shall vacate his seat at the end of four years, from the date of
the Instrument by which, or in pursuance of which, he was or
is appointed, unless it is otherwise provided by that Instru-S
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 periods of six years or four years, as the
case may be, shall be reckoned from the date of the Instrument
provisionally appointing him.
UnofficialiMem-
bers eligible for Every such Unofficial Member shall be eligible to be re-
re-appointment. appointed by the Governor by an Instrument under the Public’
Seal of the Colony for a further period not exceeding four years*
subject to Our approval conveyed through one of Our:
Principal Secretaries of State.
Given at Our Court at Saint James’s this Tenth dav of January,1
1922, in the Twelfth year of Our Reign.
Additional Instructions to the
Governor and Commander-in-Chief, Hongkong.
ADDITIONAL 110YAL INSTRUCTIONS
ditional 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.
Bated 15th November, 1928. George R.I.
Iditional 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.
•aim bearing date at Westminster the Fourteenth day of February,
17, We did make provision for the Government of Our Colony of patera omth*
Higkong and its Dependencies (hereinafter called the. Colony) and February, 1917.
I amongst other things declare that there should be an Executive
•uncil and a Legislative Council in and for the Colony which should
nsist of such persons as We might direct by Instructions under Our
£n Manual and Signet:
' And whereas by Our Instructions under Our Sign Manual and ®s I“ ^ruc'
gnet bearing date the Fourteenth day of February, 1917, We did con- February,( 1 t1917.
tute the said Executive and Legislative Councils as therein is set
rth :
And whereas we are minded to make further px-ovision respecting
.e said Executive and Legislative Councils :
Now therefore we do, as from the date of the receipt in the Colony Revokes auuaes
f these Our Additional Instructions under Our Sign Manual and and xv of
.gnet, hereby revoke the Second, Thirteenth, Fourteenth and Fifteenth ["^February*
lauses of Our said Instructions of the Fourteenth day of February, 1917.
117, without prejudice to anything lawfully done thereunder, and
stead thereof We do direct and enjoin and declare Our will and
Leasure that from the date of such receipt the aforesaid Instructions
kail henceforth be construed and take effect as if the following
auses had been inserted therein in place of the Second, Thirteenth,
ourteenth and Fifteenth Clauses thereof :
II.—The Executive Council of the Colony shall consist of the Lieut- constitution of
enant-Governor of the Colony (if any), the Senior Military oounoiT*
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
ADDITIONAL EOYAL INSTEUCTIONS—HONGKONG
coining into operation of Our said recited Letters Patent are
Members of the said Council, or as We may from time to tim<
appiont by any Instructions or Warrant under Our Sigi
Manual and Signet, or as the Governor in pursuance of
Instructions from Us through one of Our Principal Secretarief
of State may from time to time appoint under the Public Sea
of the Colony.
constitution of XIII-—The Legislative Council of the Colony shall consist of th<
Council'7* Governor, the for
Military Officer Lieutenant-Governor (if any,),of Our
the time being in Command the regulai
Senio:
troops within the Colony, the persons for the time being
lawfully discharging the functions of Colonial Secretary
Attorney-General, Secretary for Chinese Affairs, and Treasurei
of the Colony, and such other persons holding office in th(
Colony, and not exceeding four in number at any one time, af
offlciaiMembers. atLetters
the date
Patentof are
the Official
comingMembers
into operation of OurCouncil,
of the said said recited
or as
We may from time to time appoint by any Instructions 01
Warrants under Our Sign Manual and Signet, or as th<
Governor, in pursuance of Instructions from Us through one
of Our Principal Secretaries of State, may from time to time
appoint by an Instrument under the Public Seal of the Colony]
and all such persons shall be styled Official Members of the
Legislative Council; and further of such persons, not exceeding
eight in number at any one time, as at the date of the coming
Member^ into
Membersoperation
of theofsaid
OurCouncil,
said recited
or asLetters Patent are
the Governor, Unofficial
in persuanci
of Instructions from Us through one of Our Principa
Secretaries of State, may from time to time, appoint by. an
Instrument under the Public Seal of the Colony, and all such
persons shall be styled Unofficial Members of the Legislative
Council.
If any Official Member of the Legislative Council cease
to hold office in the Colony his seat in the Council shall there-
upon become vacant.
»ppointmente
place in
of Members XIV.—Whenever
ofunder any Member
the hisLegislative Council other
of thethan an ezshall,
Colony officioby Member
writing
’ c‘ be suspended handfrom
resignthehisexercise
seat inofthehisCouncil,
functionsorasshall die, ori
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 EOYAL INSTRUCTIONS—HONGKONG 175
“ Every person so provisionally appointed shall forthwith
cease to be a Member of the Council if his appointment is
disallowed by Us, or revoked by the Governor, or superseded
by the definitive appointment of an Official or Unofficial
Member of the Council, or if the Member 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^ ^
m or disallowance, through one of Our Principal Secretaries of State, be mmeduteiy*
erv provisional appointment of any person as an Official or Unofficial reported,
ember of the Legislative Council.
Every such person shall hold his place in the Council during Our Revocation o
easure, and the Governor may, by an Instrument under the Public ment8PP0"lt
■al, revoke any such appointment.
Given at Our Court at St. James’s this Fifteenth day of November,
128, in the Nineteenth year of Our Feign.
ADDITIONAL ROYAL INSTRUCTIONS
Additional Instructions passed under the Koyal Sign Manual and Signet
a to the Governor and Commander-in-Chief of the Colony of Hong-
tj kong in regard to the precedence of Members of the Legislative
Council thereof.
Dated 20th November, 1929. George E.I.
Ldditional Instructions to Our Governor and Commar.der-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,
iealm bearing date at Westminster the Fourteenth day of February,
fc.917, We did make provision for the Government of Our Colony of
Hongkong and its Dependencies (hereinafter called the Colony) and |*dtesLetters
lid amongst other things declare that there should be a Legislative February, mv.
pouncil in and for the Colony which should consist of such persons as
We might direct by Instructions under Our Sign Manual and Signet:
176 ADDITIONAL ROYAL INSTRUCTIONS—HONGKONG
Recites And
Instructions ol Signet bearing whereas bj Our Instructions under Our Sign Manual i
14th date the Fourteenth day of February, 1917, We did|
1917. February constitute the said Legislative Council as therein is set forth, and bji
the Twentieth Clause of the said Instructions did direct that the i
Members of the said Council should have such precedence as therein ■
set forth:
And whereas We are minded to make other provision in regard to;
the precedence of the Members of the said Legislative Council:
Substitutes
fresh Clause Now therefore We do, as from the date of the receipt in the Coloi
Clause XX offorof ofSignet,
Instructions these Our Additional Instructions under Our Sign Manual ai
hereby revoke the Twentieth Clause of Our said Instructions
14th February, the Fourteenth
1917. day of February, 1917, without prejudice to anythin
lawfully done thereunder, and instead thereof We do direct and enjoi
and declare Our will and pleasure that from the date of such receij
the aforesaid Instructions shall henceforth be construed and take effec
as if the following clause had been inserted therein in place of th
Twentieth Clause thereof:—
Precedence of
Members. XX.—The Members of the Legislative Council shall take precedent
as We may specially assign, and in default thereof, as follows:—
(1) First, the Official Members in the following order:—
(a) The ex officio Members in the order in which their office
are mentioned (except that the Senior Military Officer, i
below the rank of Lieutenant-Colonel in Our Army, shal
take precedence after the person lawfully discharging th
functions of Attorney-General).
(b) Other Official Members according to the priority of thei
respective appointments, or if appointed by or in pursuanc
of the same Instrument, according to the order in whiclB
they are named therein.
(2) Secondly, the Unofficial Members in the following order :— ■
(a) The Unofficial Members who are also Members of th
Executive Council of the Colony according to th
precedence taken as between themselves as Members o
the Executive Council.
(b) Other Unofficial Members according to the priority of thei
respective appointments, or if appointed by or in pursuane
of the same Instrument, according to the order in whicl
they are named therein: Provided that any such Un
official Member who is re-appointed immediately on th<
termination of his term of office shall as between himsel
and other Unofficial Members who are not also Member
of the Executive Council take precedence according to th
date from which he has been continuously a Member o
at
the Legislative Council.
,ber, Given OurTwentieth
1929, in the Court at Saint
Year ofJames’s this Twentieth day of Novem
Our Reign.
CONSTITUTION OF COUNCILS—HONGKONG 177
Executive Council
The Executive Council consists of:—
Official
H.E. the General Officer Commanding the Troops (Major-General
A. E. Grasett, d.s.o., m.c.).
The Hon. the Colonial Secretary (Mr. X. L. Smith, c.m.g.).
The Hon. the Attorney General (Mr. C. G. Alabaster, o.b.e., k.c.).
The Hon. the Secretary for Chinese Affairs (Mr. R. A. C. North).
The Hon. the Financial Secretary (Mr. S. Caine).
The Hon. Dr. P. S. Selwyn-Clarke, m.c (Director of Medical Services).
The Hon. Capt. A. M. Peters, d.s.c., r.n. (Commodore, H.M. Dockyard,
Hong Kong).
Unofficial
The Hon. Sir H. E. Pollock, Kt., k.c., ll.d.
The Hon. Mr. J. J. Paterson (On leave).
The Hon. Mr. S. H. Dodwell (Acting).
The Hon. Sir R. H. Kotewall, Kt., c.m.g., ll.u.
Legislative Council
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. E. Grasett, d.s.o., m.c.).
The Hon. the Colonial Secretary (Mr. N. L. Smith, c.m.g.).
The Hon. the Attorney General (Mr. C. G. Alabaster, o.b.e., k.c.).
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, r.n. (Retired) (Harbour Master).
The Hon. Mr. T. H. King (Commissioner of Police) (On leave).
The Hon. Mr. C. G. Perdue (Commissioner of Police) (Acting).
The Hon. Dr. P. S. Selwyn-Clarke, m.c. (Director of Medical Services).
The Hon. Mr. A. B. Purves (Director of Public Works).
Unofficial
The Hon. Sir H. E. Pollock, Kt., k.c. ll.d.
The Hon. Mr. J. J. Paterson (On leave).
The Hon. Mr. T. E. Pearce (Acting).
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 (On leave).
The Hon. Mr. Li Tse-fong f Acting).
The Hon. Mr. A. L. Shields.
Appointment op Members of the Legislative Council
By a Despatch from the Secretary of State, the following course is followed in
the appointment of unofficial members:—
Appointed by the Governor (one at least of whom
being a member of the Chinese community) ... 6
Elected by the Chamber of Commerce 1
Elected by the Justices of the Peace 1
Total 8
STANDING RULES AND ORDERS
OF
THE LEGISLATIVE COUNCIL OE HONGKONG
Made by the Legislative Council of Hongkong in pursuance of the provisions oj
Clause XXIII of the Instructions of His Majesty the King under His Sign
Manual and Signet bearing date the lith day of February, 1917.
1.—Oath of Allegiance
(1) No member of the Council shall sit or vote therein until he shall havet
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 ai
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 be correct by the member who presents it.:
3.—Sittings of Council *
(1) The meetings of the Legislative Council shall be held on such day and at
such hour as may from time to time be ordered by the Governor.
(2) At the beginning of each meeting, and before proceeding to the despatch
of any other business, the President shall, if the minutes of the last preceeding
meeting have been circulated to the members, propose that they be confirmed. If,
the said minutes have not been circulated they shall be read by the Clerk and the
President shall then propose that they be confirmed. Upon any proposal that the:
minutes be confirmed no debate shall be allowed except as to the accuracy of the
minutes and with reference to an amendment actually proposed.
(3) The President may at any time adjourn or suspend any meeting.
4.—Standing Committees
(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 durino- the course
of the year.
* On and
the XXI
subjectof the
of theRoyal
quorum, aud of who
Instructions of theshould
14th preside,
February,See1917.
respectively Clauses XIX
RULES OF LEGISLATIVE COUNCIL—HONGKONG 179
(2) Three members shall form a quorum of any standing committee.
(3) The Governor may at any time refer direct to the Finance Committee any
( oposal concerning additional expenditure not already provided for in the annual
[ timates.
(4) Any member of the Council shall be entitled to attend any meeting of a
mding committee but no member may take any part in the proceedings of a
I mmittee of which he is not a member.
5.—Select Committees
(1) Any matter before the Council may be referred by the President, or upon
motion duly passed by the Council, to a select committee.
(2) A select committee shall consist of at least three members who shall be
)mmated by the President: Provided that any member may move that another
ember be substituted for any member so nominated, and if the motion be seconded
e amendment shall, after debate, be put to the vote, and the question shall be
icided 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
te select committee consists of three members only in which event two shall form
quorum.
(5) In the event of the death, resignation or absence from the Colony of any
ember of a select committee the President may appoint another member in his
lace.
6.—Procedure on Standing and Select Committees
(1) In the absence of the chairman of a standing or select committee the
snior member present shall act as chairman.
(2) The chairman of a standing or select committee shall have an original
)te and shall also have a casting vote if the votes be equal.
(3) The chairman of any committee may require the attendance and services
F the Clerk of the Council.
(4) The report of a committee shall be signed, and presented to the Council,
y the chairman.
(5) Any member of a committee dissenting from the opinion of the majority
lay put in a written statement of his reasons for such dissent, and such statement
hall be appended to the report of the committee.
7.—Ditties of the Clerk
(1) The Clerk shall send to each member written notice of each meeting of
be Council, accompanied by a copy of the Order of Business and of any bill which
i is proposed to read a first time at the meeting in question, at least two clear days
efore the day fixed for the meeting, except in case of emergency when such notice
hall
1 be given as the circumstances may permit.
(2) The Clerk shall keep the minutes of the proceedings of the Council, and
F committees of the whole Council, and shall send to each member the draft
linutes of each meeting so soon as possible after the meeting.
(3) The minutes of the proceedings of the Council shall record the names of
he members attending and all decisions of the Council, and shall, when confirmed
.t 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,
ihe minutes shall include the numbers voting for and against the question, and the
lames of the members so voting.
180 RULES OF LEGISLATIVE COUNCIL—HONGKONG
(5) The Clerk shall be responsible for the custody of the rotes, records, bills,
and other documents laid before the Council, which shall be open to inspection by
members of the Council and other persons under such arrangements as may be
sanctioned by the President.
8.—Order of Business
Unless the Council otherwise direct, the business of each sitting day shall be-
transacted in the following order:—
1. Confirmation of minutes of last preceding meeting.
2. Oath or affirmation of allegiance of a new member.
3. Announcements.
4. Papers, including any reports of standing or select committees
which are laid upon the table by order of the Governor and which i
are not the subject of any motion.
5. Petitions.
6. Questions.
7. Government business.
8. Unofficial members’ motions.
Government business shall be set down in such order as the President may
direct, and unofficial members’ motions shall be set down in the order in which
notice of each motion was given.
9.—Petitions
(1) Every petition intended to be presented to the Council must conclude with
alprayer setting forth the general object of the petitioner.
(2) A petition shall not be presented to the Council unless it be in accordance’
with the rules then in force in regard to petitions.
(3) The member presenting a petition may state concisely the purport of the
petition.
(4) All petitions shall be ordered to lie upon the table without question put
unless a member when presenting a petition move for it to be read, printed or
referred to a select committee.
(5) The Council will not receive any petition—
(a) which is not addressed to the Council;
(b) which is not properly and respectfully worded;
(c) which has not at least one signature on the sheet on which the
prayer of the petition appears;
(d) which has not at least the prayer at the head of each subsequent
sheet of signatures;
(e) which asks for a grant of public money or the release of a debt to
public funds unless the recommendation of the Governor thereto
has been signified; or
(/) which does not conform with such rules as may from time to time
be prescribed by the Council.
10.—Papers
(1) All papers shall be presented by an official member of the Council and their
presentation shall be entered upon the minutes.
(2) A member presenting a paper may make a short explanatory statement of
its contents.
RULES OF LEGISLATIVE COUNCIL—HONGKONG 181
|I (3) All papers shall be ordered to lie upon the table without question put and
" w motion for the printing thereof shall be determined without amendment or
w>ate.
|l (4) All Rules and Orders made by the G-overnor in Executive Council under
i:j> authority of an Ordinance, which do not require the approval of the Legislative
■luncil, 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
inch they are officially connected, proceedings pending in the Council, or any
Witter of administration for which such members are responsible.
I (2) Questions may also be put to other members, relating to a bill, motion, or
mer public matter connected with the business of the Council for which such mem-
|rs are responsible.
■ (3) A question shall not contain arguments, inferences, opinions, imputations,
i ithets, ironical expressions, or hypothetical cases.
(4) A question shall not include the names of persons, or statements, not
J | rictly necessary to render the question intelligible, nor contain charges which the
imber, who asks the question, is not prepared to substantiate.
(5) A question must not be asked for the purpose of obtaining an expression
opinion, the solution of an abstract legal case, or the answer to a hypothetical
oposition.
i i . (6) A question shall not be asked without written notice unless it is of an
gent character and the member has obtained the leave of the President so to ask it.
(7) A question must not be made the pretext for a debate, nor can a question
illy answered be asked again without the leave of the President.
(8) A member may ask a supplementary question for the purpose of further
ucidating any matter of fact regarding which an answer has been given; but a
ippiexnentary question must not be used to introduce matter not included in the
iginal question.
12.—Messages from the Governor and Address by the Governor
A message from the Governor, if presented to the Council by an official member,
|ay be brought up at any time before the commencement or at the close of public
isiness, and shall be considered forthwith or ordered to be considered upon a
iture day as the member presenting it may appoint. The Governor may address
ie Council at any time.
12.—Manner of Giving Notices
(1) Where under any Standing Order (or the practice of the Council) notice
required, such notice shall be given by being handed in at the Table during the
tting of the Council or by delivery at the office of the Clerk or other place appointed
7 Standing Order {or the President) within the hours pi’escribed for the purpose.
(2) Except with the permission of the President, no notice shall be valid for
fpy particular meeting of Council unless it shall have been so handed in or delivered
least three clear days before such meeting of Council. Sundays and holidays
rail 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
ouncil, if possible not less than two clear days before the next meeting of the
'ouncil for which it is valid.
182 RULES OF LEGISLATIVE COUNCIL—HONGKONG
(4) Any such notice shall be printed in the form in which it is handed in 01
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 thej
will be proposed.
(6) A notice given orally in Council, shall not have any force after thal
sitting of the Council unless it lie 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 motioi
which it is proposed to make with the exception of the following
1. A motion for the confirmation or correction of the minutes of thq
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 anv
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.
A member desirm t0
+to the Chairman. g speak in committee shall address his observations
(3) I t
nn - shall
Chairman l n°call mor membe
°n on the
* member ™ who atfirstthecatches
same time to speak, the President o:
his eye.
(4) A member must .confine his observations, to the subject under discussion.
e Sha11 t0 V ma
pending, ini™T°
such a way as may^prejudice ithe
f interests
. tter onof which
partiesa thereto.
judicial decision im
(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 once on any proposition before the Council except in explanation (as providedJ
in paragraph 8 of this Order), or to a point of order, or, in the case of the mover of
a substantive mo ion, m reply but any member may second a motion or amendment
*0 *he "itW right to speak
RULES OF LEGISLATIVE OOUNCIL--HONGKONG 183
(8) A member who has spoken to a question may again be heard to offer
i planation of some material part of his speech which has been misunderstood, but
] i must not introduce new matter.
. y (9) A member who has spoken may speak again when a new Question has
t en proposed from the chair such as a proposed amendment.
! (10) Any member who dissents from the opinion of the majority may, if he
Ifve notice forthwith of his intention to do so, lay upon the table a statement of the
founds 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 G-overnor
■ Administrator, members of the Council, and judges or other persons engaged in
te Administration of justice, shall not be raised except upon a substantive motion;
id in any amendment, question to a member, or remarks in a debate on a motion
?aling with any other subject, any reference to the conduct of the persons afore-
id shall be out of order.
17.—Relevancy in Debate
” (1) Debate upon any motion, bill or amendment shall be relevant to such
lotion, bill or amendment.
® (2) Where an amendment proposes to leave out words and insert other words
istead of them, debate upon the first question proposed on the amendment may
iclude both the words proposed to be left out and those proposed to be inserted.
(8) On an amendment proposing to leave out Words or to insert words debate
tall 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
n 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
a 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
f which notice has been given, shall not be anticipated in any other debate.
19.—Termination of Debate
! (1) No member may speak to any question after the same has been fully put
>y the President or Chairman.
* (2) A question is fully put, when the President or Chairman has collected the
foices both of the ayes and of the noes.
20.—Personal Explanation
By the indulgence of the Council, a member may make a personal explanation,
Ithough there be no question before the Council, but no debatable matter may be
irought forward, or debate arise, upon the explanation.
21.—President to be Heard Without Interruption
.ihen Whenever
speaking, ortheoffering
President, of themust
to speak, Chairman, rises sit
if standing during
down,a debate,
ahd mustanyin any
member
case
refrain from speaking, and the Council or committee is to be silent so that the
President, or the Chairman, may be heard without interruption.
184 RULES OF LEGISLATIVE COUNCIL—HONG KONG
22.—Besponsibility fob Order ' .j
The President in Council, and the Chairman in any committee, shall be respon
sible for the observance of the rules of order in the Council and committee respec
tively and their decision upon any point of order shall not be open to appeal an^
shall not be reviewed by the Council except upon a substantive motion made afte
notice. |
23.—Breaches of Order
(1) If a Member show disregard for the authority of the chair, or abuse th
rules of the Council by persistently and wilfully obstructing the business of th
Council, or otherwise, the President shall direct the attention of the Council to th
incident, mentioning by name the member concerned. A motion may then be mad
upon which the President shall forthwith put the question, no amendment, adjourn
ment, or debate being allowed, “ That such member be suspended from the servic
of the Council.” If such an offence shall have been committed in a committee o
the whole Council, the Chairman shall forthwith suspend the proceedings of th<
committee and report the circumstances to the Council; and the President shall qi
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. j
(2) Not more than one member shall be named at the same time, unless severs
members present together have jointly disregarded the authority of the chair.
(3) If a member be suspended under the provisions of this order his suspension
shall last until determined by the Council.
(4) The President or Chairman, after having called the attention of the Counci
or committee to the conduct of a member who persists in irrelevance or tediou
repetition either of his own arguments or of the arguments used by other members
in debate, may direct the member to discontinue his speech.
(5) The President or Chairman shall order members whose conduct is grossljj
disorderly to withdraw immediately from the Council Chamber during the remainder
of the day’s sitting.
(6) If a direction to withdraw under paragraph (5) of this order be not comi
plied with at once or if on any occasion the President or Chairman deem that hi-
powers under that Paragraph are inadequate, he may name such member or mem-
bers in pursuance of paragraph (1) of this order.
(7) The President or Chairman whether acting under paragraph (1) or (5) of
this order may direct such steps to be taken as are required to enforce his order.
(8) Members who are suspended under paragraph (1) of this order or arq
directed to withdraw under paragraph (5), shall forthwith withdraw from the
precincts of the Council Chamber.
(9) Nothing in this order shall be deemed to prevent the Council from proceed!
ing against any member for any breach of order not specified herein or from pro--
mentioned anJ ^ §
^ in dealil^ with the breaches of order herein
24.- - Voting #
,, President,
the All questions
or m anyshall be decided
committee by a majority
the Chairman, andofwhenever
votes, including
the votesthearevote
equic
the President, or m any committee the Chairman, shall have a casting vote q
(2) At the conclusion of a debate the question shall be put bv the Presiden
or in any committee by the Chairman, and tie votes may be genly voice^ye au
vote, See Claus^1 X T the'RoyaMiwtractions^of' the 'l 4th^ellruary!11917°r'f’^ ^
RULES OF LEGISLATIVE COUJNCIL-HONGKONG 185
and the result shall be declared by the President or Chairman, but any member
ly claim a division when the votes shall be taken by the Clerk asking each member
jarately how he desires to vote and recording the votes accordingly.
(3) In taking the division the names of all the unofficial members shall be called
fore the names or official titles of any of the official members. In both cases the
mes, or official titles as the case may be, shall be called in order, beginning with the
lior member, provided that the President, or in any committee the Chairman, shall
te last.
(4) When a division is claimed either in Council or in any committee every
iinber present shall, unless he expressly state that he declines to vote, record his
te either for the ayes or noes. The Clerk shall enter on the minutes the record
each member’s vote and shall add a statement of the names of members who
dined to vote.
(5) As soon as the Clerk has collected the votes the President, or in any com-
ittee the Chairman, shall state the numbers voting for the ayes and the noes
spectively and shall then declare the result of the division or give his casting vote
the case may be.
(6) If a member state that he voted in error or that his vote has been counted
rongly, he may claim to have his vote altered, provided that such request is made
soon as the President has announced the numbers and before he shall have
dared the result of the division.
(7) A member shall not vote on any subject in which he has a direct personal
icuniary interest, but a motion to disallow a member’s vote on this ground shall
) made only as soon as the numbers of the members voting on the question shall
ive been declared. If the motion for the disallowance of a member’s vote shall
( agreed to, the President, or in committee the Chairman, shall direct the Clerk to
>rrect the numbers voting in the division accordingly. In deciding whether a
otion for the disallowance of a member’s vote shall be proposed from the chair,
le President, or, in any committee the Chairman, shall have regard to the
laracter of the question upon which the division was taken and to the
msideration whether the interest therein of the member whose vote is challenged
direct and pecuniary and not an interest in common with the rest of His Majesty’s
ibjects and whether his vote was given on a matter of state policy.
25. —First Rea
I (1) The mover of a bill, on moving the first reading thereof, shall state the
ibject and intention of the measure and the reasons on which it is founded.
I (2) After such motion has been seconded by another member, and has been
ilopted, the bill shall be read a first time. The President may address the Council
jn 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
hall be published in the Gazette after having been read a first time and before it is
3ad a second time.
26. —Second R
When a motion for a second reading of a bill shall have been made and
econded, 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
>r any subsequent meeting, upon motion made and seconded, resolve itself into a
RULES OF LEGISLATIVE COUNCIL—HONGKONG
committee of the whole Council to consider the bill clause by clause, or may refer th<
bill to a standing committee or to a select committee.
(2) The principle of a bill shall not be discussed in committee but only itsj
details.
(3) In committee the Clerk shall read the marginal notes to the bill, clause b;
clause, unless the Chairman directs him to read the clauses, or any particular elaus<
in full.
(4) Subject to the provisions of paragraph (5) of this Order, the committed!
may make in the bill such amendments as they shall think fit, provided that thel
amendments are in the opinion of the Chairman relevant to the subject matter oil
the bill, and provided that if any amendments are in the opinion of the Chairman!
hot within the title of the bill the committee shall amend the title accordingly.
(5) No amendment shall be moved which is inconsistent with any clausi
already agreed upon or with any decision already come to by the committee, and th<
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 amendmen
violates the provisions of this paragraph.
(6) The Chairman may require any proposed amendment to be handed to th
Clerk in writing.
(7) If no amendment be proposed to any particular clause when the margins
note has been read by the Clerk, or when all the proposed amendments shall hav
been disposed of, the Chairman shall put the question “ That the clause (or th(
clause as amended) stand part of the bill.” If any amendment is proposed whicl
the Chairman considers need not be disposed of separately he may put the questioi
“ 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 tin
question “ That the proposed clause (or schedule) stand part of the bill”, and if th<
question is agreed to the clause (or schedule), shall thereupon stand part of the bill
A mew clause or a new schedule may be proposed at any time which seems con
venient to the Chairman.
(&) On consideration of the schedules ■ the Clerk, shall callout the wort
‘‘ Schedule ” if there is only one schedule, or shall read out the ordinal numbers o
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 som^
future meeting of the committee.
(11) When all the clauses and schedules of the bill have been disposed of th«|
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 th<
question “That the preamble stand part of the bill.”
(12) When the bill has been entirely disposed of the Council may upon motioi
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 beer
referred reports that it recommends any material amendment therein, the bill may be
printed with such amendment and,, after publication in the Gazette, mav with the
permission of the Council be substituted for the bill as read, a second time. Every I
bill so reported shall be considered in the committee of the whole Council. 1
HULES OF LEGISLATIVE COUNCIL—HONGKONG 187
28.—Third Reading of a Bill
i (1) When a bill has passed through committee the member in charge of the
3 1 may at the same or any subsequent meeting report to the Council that the bill
3 passed through committee and may at the same time move that the bill be read
bird time, provided that if in the opinion of the President any material amend-
mt of the bill shall have been made in committee the bill shall not be read a third
le at the same meeting except after the suspension of the Standing Orders. If
3 third reading of any bill is for this reason postponed to a subsequent meeting of
s Council the bill shall be published in the Gazette as amended before it is read
;hird time.
(2) If upon the third reading of a bill being proposed and seconded any mem-
r desires to omit or amend any provision contained in the bill, or to introduce any
?sh provision into it, the bill may upon motion made and seconded be re-com-
itted, and thereafter the Council shall again resolve itself into a committee of the
role Council for the consideration of the proposed amendment, but no bill shall
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
ssed.
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
anion an emergency exists and that it is desirable in the public interest that the
anding Orders should be suspended in order ,to enable the bill to pass through all
! stages, or all its remaining stages, at that meeting of Council, it may be moved and
conded that the Standing Orders be suspended accordingly and if the motion be
opted the bill may be carried through all its stages, or all its remaining stages,
that meeting.
30.—Bills affecting Priyate Rights
(1) Where any bill shall be proposed which is intended to affect or benefit some
r.rticular person, association, or corporate body, notice of the bill shall be given
the promoters, by two advertisements in some daily newspaper published in the
>lony, and, if any of the persons likely to be benefited or prejudiced maybe
linese, by two additional advertisements in some Chinese newspaper published in
e Colony, and in any case by two successive publications of the bill in the Gazette,
required by Clause XXVII of the Royal Instruction^ of the 14th February, 1917:
ovided that, as laid down in the said Clause XXVII this paragraph shall not apply
any such bill which is a Government measure;
(2) If any person considers that his individual rights or interests would be
fected by the provisiotis of any such bill, he may petii iou to be heard on the bill
ther in person or by counsel, and he shall be heard accordingly, either, upon
otion made, seconded and adopted, or by order of the President. The President
all direct whether the person in question or his counsel shall be heard before the
>uncil, or before a committee of the whole^Council, or ,before a standing committee
a select committee. .
(3) On any such petitiqu the petitioner, or any member, shall, upon motion
,ade, seconded and adopted, or by order of the President, be entitled to call and
[amine witnesses on oath or affirmation, provided that a list containing the names,
isidences and occupations of the witnesses shall have been delivered to the Clerk
; least two clear days before the ;meeting: tay be. Any such witness if called by the petitioner may be cross-examined by
ny member, and if called by any member may be cross-examined by any other
lember or by the petitioner. The oath or affirmation shall be tendered by the
!lerk, or, in any committee, by the Chairman.
188 RULES OF LEGISLATIVE COUNCIL—HONGKONG
(4) Every bill intended to affect, or benefit some particular person, associaticj
or corporate body shall in accordance with Clause XXYII of the Royal Instruction
of the 14th February, 1917, contain a section saving the rights of His Majesty tl
King, His Heirs and Successors, all bodies politic and corporate, and all others excfi
such as are mentioned in the bill, and those claiming by, from, and under them. ;
31.—Relevancy op Amendments
(1) When any bill, or clause of a bill, or motion, is under consideration in t]
Council or a committee thereof, an amendment may be proposed to such bill, clau
or motion if it be relevant to the bill, clause or motion to which it is proposed. !
(2) An amendment may be proposed to any amendment proposed from tl
chair if it be relevant to the original amendment.
(3) In committee on a bill a new clause or schedule may be proposed if it l
relevant to the subject matter of the bill, and an amendment may be proposed to j
if the amendment may be relevant to the new clause or schedule.
(4) An amendment, or a new clause or schedule, shall not require notice. ]
(5) The President, or the Chairman as the case may be, may require an
proposed amendment to be handed to the Clerk in writing.
32.—Seconding op Motions and Amendments
A motion or amendment shall not be proposed from the chair in Council unit,
it shall have received a seconder, but in committee a seconder shall not be requirt
for any amendment or for any new clause or schedule.
33.—Method of Putting the Question on Amendments
Subject to the provisions of paragraph (7) of Standing Order 27 upon _
amendment to leave out words and insert other words instead of them a questioj
shall first be proposed from the chair “ that the words proposed to be left oi
stand part of the question,” and if that question be negatived, the question for tl
insertion of the alternative words shall then be proposed, provided that on
sideration of a bill in committee the Chairman shall if possible put as the ~
question on an amendment only such words as will not prevent a subsequ.
amendment which is in order from being moved. If the question so proposed ^
negatived the words proposed by the amendment to be left out shall be deemed M
be left out without further question. ™
34. Withdrawal op Motions or Amendments
When any motion or amendment has been proposed from the chair, it may b
withdrawn at the request of the mover if, on the President, or in committee th
Chairman, asking whether it be the pleasure of the Council or committee that thl
motion or amendment be withdrawn, a dissenting voice be not raised thereto.
35.—Publication of Evidence
The evidence taken before any committee of the Council and any doeumenl
presented
})
to such committee which have not been reported to the Council shall n<
uwvtheblShed
with
by
- ^'member
permission of such committee or by any other person,
of the President. ^ excel*
6-1—Practice op Parliament
u(1r lID ffn8 0fid°Ubt the Standing Orders of this Council shall be interpret*
SritlS IrtL™ WanT ^ °f the C°mm0,’S H°n8e 0t
RULES OF LEGISLATIVE COUNCIL—HONGKONG
(2) In any matter for which these Standing Orders do not provide the said
ractice shall be followed, but no restrictions which the House of Commons has
Produced by Standing Order shall be deemed to extend to the Council or its
embers until the Council has provided by Standing Order for such restriction.
37.—Suspension of Standing Orders
! A question the object or effect of which may be to suspend any Standing Order
the Council shall not be proposed except with the consent of the President.
38.—Absence of Members
Any member w'ho is prevented from attending a meeting of the Council shall
equaint the Clerk as early as possible of his inability to attend.
39.—Employment of Members in Professional Capacity
No member of the Council shall appear before the Council or any committee
aereof as counsel or solicitor for any party, or in any capacity for which he is to
eceive a fee or reward.
40.—Strangers
• Strangers shall be admitted to debates in the Council Chamber subject to such
ules
; as the President may make from time to time for that purpose, provided that
any member take notice that strangers be present, the President, or in committee
ae Chairman, shall put forthwith the question “ That strangers be ordered to
rithdraw.”
41.—Press
The President may grant a general permission to the representative of any
[)urnal to attend the sittings of the Council provided that, if the journal publish
report of the proceedings which the President considers unfair, such permission
lay be revoked.
GENERAL PORT REGULATIONS EOR BRITISH
CONSULATES IN CHINA
The undersigned, Her Britannic Majesty’s Envoy Extraordinary and Ministe
Plenipotentiary and Chief Superintendent of British Trade in China, acting under th
authority conferred upon him by the 85th Section of the China and Japan Order i
Council, 1865, hereby declares the following Regulations, made, in pursuance of th
above Order in Council, to secure the observance of Treaties and the maintenanc
of friendly relations between British subjects and Chinese subjects and authority
to be applicable to all ports which are, or may hereafter become, open to Britis
trade:—
I. —The British Consulate offices at the several open
public business from 10 o’clock a.m. to 4 o’clock p.m. daily, excepting Sunday!
Christmas Day, G-ood Friday, King’s Birthday, Easter Monday, those holiday!
upon which public offices in England are closed, and Chinese Hew Year’s day, am
such Chinese holidays as the Chinese Customs authorities may observe.
II. —On the arrival of any British vessel at the anc
ports, the master shall, within 24 hours, deposit his ship’s papers, together with
summary of the manifest of her cargo, at the Consulate office, unless a Sunday (
holiday shall intervene.
III. —Every British vessel must show her nationa
anchorage, and keep them hoisted until she shall have been reported at the Consulatj
and her papers deposited there.
IV. —No British vessel or any vessel the property
provided with a certificate of registry, or provisional or other pass from the Supei
intendent of Trade at Peking, or from the Colonial Government at Hongkong, sha
hoist the British ensign within any port or anchorage, or any flag similar to th
British ensign or of a character not to be easily distinguishable from it. Nor shal
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 wai
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 thos
flown by Ships of foreign States.
Y. Should any seaman absent himself from his ship without permission, th
master shall forthwith report the circumstance at the Consulate office, and take th
necessary measures for the recovery of the absentee, and it shall be lawful for th
Consul, if circumstances shall require it, in his discretion to prohibit leave beinj
given to seamen to come ashore, and any master who shall violate such prohibitioi
shall incur the penalties hereinafter declared.
VL—The discharge of guns or other firearms from vessels in harbour is strictlj
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 port shall n
siting the names of all passengers and persons not forming part of the articled
6w on board, and, previous to leaving, notice must be given of the names of all
rsons, not forming part of the articled crew, intending to leave the port on board
y vessel.
VIII. —All cases of death occurring at sea must be reported to the Con
• hours of the vessel’s arriving in port or harbour, and all cases of death on board
ssels in harbour, or in the residences of British subjects on shore, must be imtne-
ately reported at the Consulate office, and in the event of sudden or accidental
lath the fullest information obtainable should be given. It is strictly prohibited to
row overboard the bodies of seamen or other persons dying on board of a vessel in
.rbour. Except in case of urgent necessity, no burial should take place on shore or
om any ship in harbour without the licence of the Consul first obtained,
IX. —Stone or ballast shall not be thrown overboard in any port or ha
iless permission shall have been first obtained from the local authorities through
te intervention of Her Majesty’s Consular officer.
X. —All cases of loss of property by theft or fraud on board ships, as well a
sault or felony requiring redress or involving the public peace, must be immediately
ported at the Consulate office.
If any Chinese subject guilty of, or suspected of, having committed a mis-
imeanour on shore or afloat be detained, information must in such cases be forthwith
dged at the Consulate office, and in no instance shall British subjects be per-
itted to use violence toward Chinese offenders or to take the law into their own
mds.
XI. —-Any vessel having in the whole above 2001bs. of gunpowder or
fplosive material on board shall not approach nearer than a distance of one mile
om the limits of the anchorage. On arriving at that distance, she must be forthwith
sported to the Consular authority.
| Special anchorages or stations will be assigiied for such ships in the neighbour-
ood of the ports.
XII. —No seaman or other person belonging to a British ship may be dis
r left behind at any port or anchorage without the express sanction of the Consul
nd not then’until sufficient security shall have been given for his maintenance and
ood behaviour while remaining on shore, And, if required, for the expenses incident
) his shipment to a port in the United Kingdom or to a British Colonial port,
ccording as the seaman or ’other person is a native of Great Britain or of any British
lolony.
If any British subject left at a port or anchorage by a British vessel be found
) require public relief prior to the departure of such vessel from the dominions of
re Emperor of China, the vessel will be held responsible for the maintenance and
nnoval from China of such British subject.
XIII. —When a vessel is ready to leave a port anchorage, the ma
ignee shall apply at the Custom-house for a Chinese port clearance, and on
is presenting this document, together with a copy of the manifest of his export
argo, at the Consular office, his ship’s papers will be returned to him, and he will
e furnished with a Consular port clearance, on receiving which the vessel will be at
berty to leave the port. Should any vessel take in or discharge cargo subsequent
o the issue of the Customs’ clearance, the master will be subject to a penalty, and
he ship to such detention as may be necessary to the ends of justice.
XIV. —When a vessel is ready to leave a port or anchorage, the ma
i;ive 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 tbis regulation on security being given that claims presented within
24 hours will be paid.
XV. —No British subject may establish or carry o
house, house of entertainment, or shop for the sale of liquors within the Consulai
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 conduci
of all inmates and frequenters of his house, and also that he will not harbour any
seaman who is a runaway or who cannot produce his discharge accompanied by a
written sanction from the Consul to reside on shore.
Every person so licensed will be held accountable for the good conduct of all
inmates and frequenters of his house, and in case of their misconduct may be sued
upon the instrument of security so given.
XVI. —Any British subject desiring to proce
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 Regulatio
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 th(
party offending liable to the penalties attached to these regulations.
XIX. —No loading or discharging of cargo ma
limits of the anchorage defined by the Consul and the Chinese authorities of each
port.
XX. —Any infringement of the preceding Genera
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 exceeding 200 dollars, without imprisonment, and with or without
further fines for continuing 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 m accordance with the Order of Her Maiestv
J in
Council dated the 9th day of March, 1865.
And in consideration of the urgent necessity for these Regulations, the under-
signed hereby further declares that they shall have effect unless and until they shall
be disapproved by Her Most Gracious Majesty, and notification of such disapproval
shall be received and published by me or other of Her Majesty’s Ministers in China.
(Signed) Thomas Francis Wade.
Peking, 28th March, 1881.
JAPAN HARBOUR REGULATIONS
Art. I.—The limits of the undermentioned Ports open to foreign commerce are
?fioed as follows :—
At Y okohama : the harbour limits are comprised within a line drawn from the
aniten (Mandarin Bluff) to the light-ship, and thence due north, to a point on the
>ast east of the mouth of the Tsurumigawa.
| At Kobe : the harbour limits are comprised within the area bounded by two
nes, one drawn from the former mouth of the Ikutagawa due south, and the other
inning 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
mtre being the light-house, and the radius being two and a half nautical miles.
I At Ebisuminato : the harbour limits are comprised within a line drawn from
i|hiidomari-mura to Isori-mura on the outside, and a line drawn from Minotocho on
lie 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
aTree 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
jpjautieal miles from a point (Tree Point) and five nautical miles from the mouth of
lie Yamatogawa.
| At Nagasaki : the harbour limits are comprised within a line drawn from
'anzaki to Megami.
At Hakodate : the harbour limits are comprised within a line drawn from a
oint off the coast, half a nautical mile south of Anoma Point, to a point on the east
iank of the mouth of the Arikawa, Kamiiso-mura.
Art. II.—Every vessel on entering a port shall hoist its ensign and its signal
stters. Regular Mail Packets may hoist the Company’s flag in lieu of the signal
stters.
The ensign and signal letters or Company’s flag must not be lowered until the
essel’s arrival shall have been duly reported to the Harbour Master.
Such report shall be made within 24 hours after arrival, Sundays and holidays
icepted, and no Customs facilities shall be extended to any vessel until such report
hall have been made.
Art. III.—Every Master on arrival in port shall prevent all communication
itween his ship and other vessels or the shore until it shall have been admitted to
free pratique.”
Art. IY.—The Harbour Master’s boat will be in attendance near the entrance
If the harbour, and the Harbour Master will assign a berth to every ship on enter-
5, which berth it must not leave without special permission, unless forced to do
The Harbour Master may cause a vessel to change its berth, should he consider
Art. V.—The Harbour Master shall always wear a uniform when on duty and
|ljis boat shall carry a flag of the pattern prescribed.
I The Harbour Master may at any time satisfy himself that his directions as
Regards anchorage, the movements of ships and the proper condition of mooringt
sre carried out.
Art. YI.—No vessel shall anchor in the public fair-way or otherwise obstrucs
isree navigation. Vessels which have run out jib-booms shall rig them in at the
pequest of the Harbour Master, if they obstruct free navigation.
7
194 JAPAN HAKBOUR REGULATIONS
Art. VII.—Every vessel either at anchor or under weigh within the harboul
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, betweed
sunrise and sunset, fly at the foremast head the signal letter “ B ” and between
sunset and sunrise shall hoist in same place a red lantern.
No vessel shall ship or discharge any such materials except at such places aq
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 harboui
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 police
sunrise assistanceandbe between
and sunset, required the signalandletter
sunset ,“G”blue
sunrise shallorbeflash
hoistedlightsbetween
shall
be shown.
All discharging of fire-arms lettiug off of fire-works within the harboui
limits is forbidden without permission from the Harbour Master, except in such ai
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
come to outside the harbour limits and shall hoist a yellow flag at the foremast head
between sunrise and sunset, and shall show a red and a white light one above the
other m 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 tht
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 1 or contagious
diseases have broken out. °
the Harbour Pastel-181 Change their bertli on receiviug an order to that effect from
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
saintaryrt authorities.
, ^ within
board ,No, carevlimits.
: r™-the harbour ,se
®’ ballast, ashes, sweepings,
r & > etc.,, shall beue thrown
bmuwu c
Whilst taking in or discharging coal, ballast or other similar materials the
necessary precautions shall be taken to prevent their falling intTJhe sea
JAPAN HARBOUR REGULATIONS 195
If any materials detrimental to the harbour shall have been thrown into the
lea or shall have been allowed to fall in through negligence by any ship, they shall
»e removed by the ship upon receipt of an order to that effect from the Harbour
Master; and if not so removed the Harbour Master may cause them to be removed
t 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
n their arrival and departure.
Art. XV.—All wreckage or other substances which obstruct the public fairway
n a harbour or its approaches must be removed by their owner within the time
ndicated by the Harbour Master. If this order is not complied with within the
lime specified by the Harbour Master, the Harbour Master may cause them to be
emoved 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
>e charged for the use of such moorings.
Art. XVII.—No chains, ropes, or other gear shall be attached to any lightship,
ignal, buoy or beacon.
Any vessel running foul of or damaging a light-ship, buoy, beacon, jetty, or any
ther structure shall pay the necessary expenses for repairs or replacement.
Art. XVIII.—Any infringement of the provisions of the present Regulations
hall render the offender liable to a fine of not less than Yen 2 and not exceeding
wen 200.
Art. XIX.—The Master of a vessel shall also be held responsible for any fines,
|ees 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
iherefor to the satisfaction of the Harbour Master shall have been deposited with the
parbour Master.
1 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
|»ne 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
jjnen-of-war are those contained in Articles IV., VI., XII. and XXI., and in the first
ihnd second paragraphs of Article XIII.
Art. XXIV.—The time when and the localities where these Regulations are to
Koine into operation shall be notified by the Minister of Communications. The
Minister of Communications shall also issue detailed rules for the due enforcement
i>f these Regulations.
*7
THE UNITED STATES COURT EOR CHINA
(Chapter 8934, Prescribing the Jurisdiction of the Court)
Be it Enacted by the Senate and House of Representatives of the United States
of America in Congress Assembled, That a Court is hereby established, to be called;
the United States Court for China, which shall have exclusive jurisdiction in all
ease§ and judicial proceedings whereof jurisdiction may now be exercised by United
States Consuls and Ministers by law and by virtue of treaties between the United
States and China, except in so far as the said jurisdiction is qualified by Section 2
of this Act. The said Court shall hold sessions at Shanghai, China, and shall also,
hold sessions at the cities of Canton, Tientsin, and Hankow at stated periods, the'
dates of such sessions at each city to be announced in such manner as the Court shall!
direct, and a session of the Court shall be held in each of these cities at least once-
annually. It shall be within the power of the judge, upon due notice to the parties
in litigation, to open and hold Court for the hearing of a special cause at any place'
permitted by the treaties, and where there is a United States Consulate, when, in
his judgment, it shall be required by the convenience of witnesses, or by some public
interest. The place of sitting of the Court shall be in the United States Consulate,
at each of the cities, respectively.
That the seal of the said United States Court for China shall be the arms of
the United States, engraved on a circular piece of steel of the size of a half dollar,
with these words on the margin, “ The Seal of the United States Court for China.”
The seal of said Court shall be provided at the expense of the United States.
All writs and processes issuing from the 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 issued from the said Court shall bear test from the day
of such issue.
Sec. 2 —The Consuls of the United States in the cities of China to which they
are respectively
civil cases whereaccredited
the sum shall haveofthethesame
or value jurisdiction
property involvedasinthey now possessdoesin
the controversy
not exceed five hundred dollars United States money, and in criminal cases where the
punishment for the offence charged cannot exceed by law one hundred dollars’ fine
or sixty days’ imprisonment, or both, and shall have power to arrest, examine, and
discharge accused persons or commit them to the said Court. From all final judg-
ments of the Consular Court either party shall have the right of appeal to the United
States Court for China: Provided, Also, That appeal may be taken to the United
States Court for China from any final judgment of the Consular Courts of the United
States m 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
V ice-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 COUET FOR CHINA 197
Ijworn inventory of sueh effects, and shall, as additional effects come from time to
ifl me into his possession, immediately file a supplemental inventory or inventories of
«ie same. He shall also file with the clerk of said Court within said sixty days a
irbhedule under oath of the debts of said decedent, so far as known, and a schedule
*•( statement of all additional debts thereafter discovered. Such Consul or Vice-
onsul shall pay no claims against the estate without the written approval of the
idge of said Court, nor shall he make sale of any of the assets of said estate with-
ut first reporting the same to said judge and obtaining a written approval of said
lie, and he shall likewise within ten days after any such sale report the fact of such
ale to said Court, and the amount derived therefrom. The said judge shall have
lower to require at any time reports from Consuls or Vice-Consuls in respect of all
heir acts and doings relating to the estate of any such deceased person. The said
lourt shall have power to require, where it may be necessary, a special bond for the
aithful performance of his duty to.be given by any Consul or Vice-Consul into
rhose 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
uch bond when required, or for failure to properly perform his duties in the
iremises, the Court may appoint some other person to take, charge of said estate,
uch person having first given bond as aforesaid. A record shall be kept by the
lerk of said Court of all proceedings in respect of any such estate under the
irovisions hereof.
Sec. 3.—That appeals shall lie from all final judgments or decrees of said Court
o the United States Circuit Court of Appeals of the ninth judicial circuit, and thence
tppeals 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
if cases as those in which appeals and writs of error are permitted to judgments of
aid Court of Appeals in cases coming from District and Circuit Courts of the United
hates. Said appeals or writs of error shall be regulated by the procedure govern-
ng 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
hates, 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
ippeal, in civil and criminal matters, and also the jurisdiction of the Consular Courts
n China, shall in all cases be exercised in conformity with said treaties and the laws
>f the United States now in force in reference to the American Consular Courts in
hina, 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
vith 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
aw and the law as established by the decisions of the Courts of the United States
ihall be applied by said Court in its decisions and shall govern the same subject to
he 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
v practicable, with the existing procedure prescribed for Consular Courts in China
n accordance with the Kevised Statutes of the United States: Provided, however,
hat the judge of the said United States Court for China shall have authority from
;ime to time to modify and supplement said rules of procedure. The provisions of
lections 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
hall have no application to said Court.
Sec. 6.—There shall be a district attorney, a marshal, and a clerk of said Court
[pith authority possessed by the corresponding officers of the District Courts in the
PUnited 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,
hwho shall be lawyers of good standing and experience, marshal, and clerk shall be
198 THE UNITED STATES COURT FOR CHINA
appointed by the President, by and with the advice and consent 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! 1
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. j I
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 official^ j
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 amendment from
time to time by order of the President, and all fees taxed and received 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-Geaeral of the United States to be designated from time to time
by the Secretary of State, and the Consul-General at Shanghai shall thereafter
be relieved of his judicial functions.
FEES FOR THE CONSULAR COURTS OF THE
UNITED STATES OF AMERICA IN CHINA
98— Consular Court,
allall cases cases and and estates
estates where ittheisamount
wheredamages overare$500insought
question is not more than $500 1'
all cases where no specific the fee shall he $5 for minor and $1S for greater eases. 1 '
99— Clerk’s Fees.
>r>r issuing docketingall every writs,suit warrants,
commenced attachments, or other compulsory process 11
>r>r executions 1
>r>r allallfilingsummonses
subpoenas
and and
entering notices
every declaration, plea, or other paper
>r>r taking administering an oath or affirmation, except to an associate
anandacknowledgment
>r each takingsucceeding certifying
folio depositions to file (for each folio of 100 words): for the first 100 words, 50 cents; for
>r>r aentering copy ©fany suchreturn,
deposition, furnishedcontinuance,
rule, order, to a partyjudgment, on request,decree,per folio
)rlie adocket making any record, certificate,
copy offeeanyof $1,entryhereinbefore
or of any paper return, on orfilereport:
: for each folio or recognizance, or drawing any bond, or. .
for folio
each
isfor$100
associates,
or less; taxingwhere the andallowed,
costs,amount othershallservices
allinvolved cover all charges forherein,
exceedsnot$100specified
making dockets
the clerk shallinbeallallowed
and indexes,
cases where issuinginvolved
for thethe services
amount venire
specified
illin cases
the foregoinginvolvingparagraph,
more thanin$500allthecasesclerkup toshall$500,be inclusive,
allowed fora feelikeofservices '
becauses
allowed, whereforissue likeisservices,
joined butone-halfno testimony
of the above is given,
fees,forrespectively.
causes, dismissed or discontinued, the clerk shall
affixingsearch
every the sealfor ofanytheparticular
court to mortgage,
any instrument, or otherwhen lienrequired
searching
property
—operty athecertifying
and records ofthethe resultcourt offorsuch
judgments,search: decrees,
for each orperson
otheragainst
instruments
whom constituting
such search isa lien on anyto
required
be made
receiving,
amount keeping, and paying out money in pursuance of any statute or order of com , 1 per centum of the
rbooks travelling,sothereceived,
made kept, and
necessary by thepaid.duties of his office; for going,
during5 cents
officeahours,
mile, and 5 centt
personindesiring clerk’s office containing
to examine the samepublic withoutrecords any7 feesshall,or charge therefor, be open
rrcases serviceofoffice
escheat
as escheator the clerk shall receive for publication to heirs
rr every recording
an affidavit
found of inquest, per folio
proceedings
in attachment
rr approving
affidavit ininbond distress in attachment
cases
r affidavit
ippreving replevin replevinbond cases
Fhere bond is 5f right of property, for approving it
100- Marshal’s Fees.
■ apprehending
leaving a deserter .id. ifdelivering him on board the vessel deserted from, t be paid by the vessel before i
searchingport
rrr serving
serving the. same,
anyforwrit, warrant,and,attachment,
not found,ortoother be certified
compulsory by theprocess,
consul,eachandperson
his order to be paid by the ship
rr returning summonses
all notices, writs, attachment, warrants, and summonses, each
In every each bail bond
commitment ... ...
subpoenas,
returning for eachorwitness
subpoena
discharge of prisoner
summoned
each day’sexecution
levying attendance upon court ... ... ".
[orr advertising releasingproperty propertyunder
property for saleexecution by order of plaintiff
r>verselling under execution, when the amount collected does not exceed $1,000
rf themakingiver $5,$1,000000collections
and not exceeding $5,000
under $200, in cases where no adjudication has taken place
amount fees exceeds $200 all processes, each mile ... ...
rr travelling
serving every' in serving
notice not heretofore provided for, in addition to the usual travelling fees...
ted for the origii
200 UNITED STATES CONSULAR REGULATIONS
For
For executing
drawing a deed
and prepareda deed
executing by a party or his attorney
For every
For copies of writs or papers, furnished on request, per folio
For servingproclamation
an attachmentin admiralty...
in rem, or a libel in admiralty
For pensation
the necessary expenses ofthekeeping
court. isboats, vessels, or other property, attached or libelled in admiralty, a com-
debt,totoorbeclaim
Whenbetheentitled fixedinbyadmiralty,
a commission of 1overpersettled byonthetheparties,
cent,Provided, without
firstthat#500when
of the a sale oforthedecree,
property, the marshalof 1shall
cent,
claim on the excess of any sum $500: the claim
value of the propertyand one-half
is less than perthe
saleforofsuchreceiving
For and commission
vessels, shallproperty,
orandother
paying
be allowedunderon theprocess
oyer the money,
appraised
2Jper in
cent,
value thereof.
admiralty,
on any or under
sum the
under order
$500, of
and a court
per ofcent,
admiralty,
on the
excess of any sum over $500.
101— Interpreter’s Fees.
For each day’s attendance upon court
IfFormore
making
thantranslations
200 words for each additional 100 ... ...
102— Witnesses’ Fees.
103— Crier’* Fees.
On trial of every suit
104— Citizen Associates' Fees.
For each day’s attendance
105— Cosf*for Prevailing Party.
411 necessary Court fees paid out,
106— Consul's Fees.
WhereThethe
Where
following
amount$500,
it exceeds
exceeds
fees shall be isallowed
in question
andforupeachto $500,
in arbitration proceedings
$1,$1,000000ororlessfraction thereof " '
Where it
InIn allcasesarbitration $1,
of libel, slander, 0 00, and alljudgment
proceedings notentered
requiringformoney judgments
For proceedings may be costs, and executiion issued thereon.
For issuing
Fees holding aansearch
for inquests inquest warrant
are payable out of the estate of the descendent.
107—Fees in Probate Matters.
ffl) The court administrator
shall allow shalla reasonable
present toc particulars byof thethe services rendered bv him, and the
The consul, whenhim salaried officer (drto probate _ court.
..ISPSHH m „
(3) proceeding whatsover appertaining w matters
If,is noin fixed
any case, a consul shall be appointed A any "* heard and decidedbyhiin- •as a'consularcc
for . .
judicial salary, and whose compensation
followingauthority
fees: (as the consuls who hai
For
For passing
passing onon current
finalof dischargereportsof same
reports of executor... administrator, or guardian
8S8S§8S SSSSg
■FFor or
For The
a final order
hearing
making application for distribution of estates
clerkordershallofreceive distribution
the following fees:
’For
•For a citation
preparing ih administration
For
For issuing feeandandrecording
docket
administering the oath to an executor, administrator, or gur.
.... . letters of administration and guardian’s certificate
For
For filingtopapers
For seal to letters of administrationof appraisers of estate
seal letters of appointment ”
For shallall otherreceiveservices,
the same such f; entering orders, c __ like
The prov reasonable
marshal compensatioi « Bubjectlo-ch
ided inshallthe receive
general schedulexor‘ any mdered by himnature.
s of the same in matters c
108—Fees in Ministerial Court.
The exceptfees of inthecasescourtbrought and its officers shall
courtbeupon theappeal,
same asin allhereinbefore prescribed fnr
In addition to which, the samebefore said
feesalsoas consuls are allowed toetc.chargeof which
shall bec£ies a courtfee
allowed for the shallbecharired
fllS? of’
issuance nung, etc" 15 0<
The fees of the clerk, marshal, interpreters, etc., in a ministerial court, shall be the same in losuauce,
of all papers and process, and administering oaths, etc.,
appellate as in other cases.
I REGULATIONS GOVERNING THE INSPECTION OP
PASSPORTS OP FOREIGNERS ENTERING
CHINESE TERRITORY
11 Promulgated August 22, 1980, 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
> oreigners entering the territory of the Republic of China shall be inspected in
« iccordance with the provisions of the following Regulations.
9 Art. II.—A Passport shall give the name, sex, age, native place, address and
>ccupation
ziave of the attached
a photograph holder, and
and the reasonatfora Chinese
be vised enteringConsulate
Chinese territory;
establishedit shall
in a
» oreign country. A Passport may include the members of a family (children under
s tge) and servants; but the names and other particulars must be given in the
i Passport with photographs attached.
Art. III.— Passports shall be inspected by the local government in Chinese
i ierritory. If necessary, the Maritime and Native Customs may be asked to assist.
n special cases the Department concerned of the Central Government may appoint
5 >fficials to direct and supervise inspection. The places of inspection will be
| teparately specified.
Art. IV.—If during inspection any one of the following conditions is found to
i sxist the foreigner concerned may be denied entry into Chinese territory. The
c 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.
p 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
)fproducing Passports on entering Chinese territory shall nevertheless be subject to
»|the provisions of Sections 3, 4 and 6 of Art. 4 and Art. 5.
Art. VII.—Detailed Rules supplementary to these Regulations are framed
■separately.
Art. VIII.—These Regulations shall be effective four months after date of
rnpromulgation.
Supplementary Rules to Regulations Governing
the Inspection of Passports of Foreigners
Entering Chinese Territory.
Art. I.—These detailed Rules are made in pursuance of Article 7 of the
Regulations governing the inspection of Passports of foreigners entering Chinese
(territory (hereinafter referred to as “ Regulations.”)
Art. II.—The expression “ children under age” as used in Clause 2 of Article
of the Regulations, shall be determined by the age limit fixed by the Civil Law of
the Republic of China.
Art. III.—The places where the inspection, of Passports of foreigners entering
Chinese territory will take place are as follows:—
202 PASSPORTS OF FOREIGNERS ENTERING CHINESE TERRITORY
(A) Land Routes
Manchuli Harbin Hi Kowloon Szemao
Pogranichnaya Chinchou
Changchiakou Ta Kashgaria
Cheng Tung by sea) Mengtsz
(alsoShing Hokou
Hui
Yen ChiChun Suiyuan Chien Shan Tengyueh Lungchow
(B) Sea Routes
Canton
Pakhoi ofSamshuiKongmoon Chung Shan Amoy Swatow Foochow Woosung
(Passports those entering theHarbour
Yangtze River not via Shanghai Shanghaishall be inspected -
Tsingtao Lungkou at Woosung.) Antung
Chinwangtao Taheiho
Chefoo
Weihaiwei Tientsin or Newchwang
Tangku Hulutao (also
Aigunby land) Tungkiang
(C) Air Routes
Before an aerodrome has been laid out, Passports of foreigners entering
Chinese territory by aircraft shall be inspected at the first authorized landing station, j
In case of necessity, the number of stations where Passports are inspected may
be increased or reduced by the various departments concerned after sanction has
been duly obtained.
The places of inspection on the borders of Mongolia and Tibet shall be given
separately.
Art. IV.—A foreigner denied entry into Chinese territory under the terms of
Art. 4 of the Regulations, if found unable to leave the territory of the Republic of
China shall be handed over to the Consul of his nationality to be dealt with.
Art. V.—When the assistance of officers of the Maritime or Native Customs
is required in the examination of Passports the local authorities and the Customs
shall jointly make the necessary arrangements, and report to the Department con-
cerned for record.
Art. VI.—Passports of foreigners entering Chinese territory besides being
subject to the provisions of Art. 3 of the Regulations are subject to inspection by
local authorities in the interior.
Art. VIL—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 any 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 prescribed bv the Depart-
ment concerned.
Art. X. The Inspector when inspecting Passports, shall give the foreigner
desiring to enter Chinese territory an inspection form to be carefully filled in; said
form shall be prescribed separately.
Art. XI.-- The Inspector after inspection shall impress a chop on the Passport
giving the date of inspection. The form of this chop shall be prescribed bv 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 to whom permission has been
granted or refused
ighest local during
authority for the preceding tomonth.
transmission This tableconcerned
the Department shall beforsentrecord.
to the
,. e Regulations
Art. XIII. orInthetbedetailed
event ofSupplementary
any case arisingRules,
not covered
the inspecting authority shallof
by the provisions
immediate^ telegraph to the Department concerned
rt. XIV. These detailed Rules shall be effective for instructions.
from the date the
Regulations are put in force.
CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF
CHINA
{Revised, June 2J,, 1934)
>! Note.
mds for not otherwise providedthis
The term “no.p.f.” in for ”Tariff Skins, Dressed or Undressed, not Per Hk. Tls.
iiiimals and Animal Products (not ' made a. Goat
up:—
Dog including Kid Skins...Value 74%„
including Hides, Leather, Skins
Furs), Fishery and Sea Products) ! b.c. Marmot „ 7474%
ValUd
Per Hk. Tls. d. Raccoon „ 74 „ .
nimals, Living Value e. Skins)
ifistles ,, 7j%
74 „ /. Squirrel „„ 74„
;gsEgg
and Egg Products
Albumen, ’ oik, and g.h. Weasle „ 747^„„
Whole Egg (Melange),
... ...Yolk, andValue 5% Skins, madeLeather,
up or Mounted
DriedAlbumen,
Egg Hides and n.o.p.f ...... „„ 7474 „„
Whole
Moist Egg (Melange),
andGlycerised
Frozen Egg (not Fishery and Sea Products
including Bicho de MarPer
a.b. White
Black Picul Hk. 3.40
Tls.
Products)
Eggs, Fresh, in Shell (in- „ ,, „ 1.20
cluding Chilled Eggs in „ Fish,
Fish, Cuttle
Dried „ . 0.93
Shell)Preserved
Eggs, and Salt- Fish
Fish Glue
Maws „„„ 4.60 0.61
4.60
ji lair.
fathers ed Thousand
Value 1.00 Fish, Salted
7|% Fish „ 0.24
Horse „ 7i„ Skin
Skin) Dried (including Sharks’
... „ ' 1.00 1.20
t>i( loney
lair. Human
ed (including ...Wild Unclean-Picul
Honey)
„ 7i „ Mussels,
0.76 Prawns and Crushed
Shrimps,Shrimps)Dried (not... „„ 0,85
k ntestines including
JjAeats,
ing Game Frozen (includ-Value
Freshandor Poultry) 5% Sharks’ Fins:—
' 7| „ a.b. Clarified Black Picul 1.70
i#Ieats Preserved and Prepared :— c. White „ 11.00
iones
Hams,
Others Whole,
(including
in
Tigers’
bulk
Bones)
... Picul
... Value
„
2.20
7i%
74 „ Shrimps,
Fishery Crushed
and Sea Products, Value 4.00
„ 5%
lue, Cow
torns, Buffalo and Cow Picul
,, 0.74
0.n4 n.o.p.f
a. Fish, Fresh (including
tfHorns,
« ed Deer, completely harden- „ 2.30 b. Others frozen ...fish) ... ... Value Free 5%
■Horns,
ifPorns, Deer,
Deer, Old
Young Value„ 74%
74), Beans and Peas
fftMusk „ 74 „ Beans, Yellow Black, Green,
(notBeans)
includingWhite,White
and
asSea
Jfeinews, ShellsBuffalo,
and Oyster ShellsDeer... Picul
Cow, and „,. 0.14
1.90 Beans,
Medicinal Piculkg. 0.23
0.09
fallow.
sllWax:— Animal 0.S1 Beans, Broad
Green, ...
Small 100 ,, 0.38
■® a.b. YellowWhite (Insect
(Beeswax) Wax) Picul„ 74%3.60
2.40 Beads,
Peas andRedBeans, n.o.p.f „„ 0.38-
0.23
t(rAnima] Products, n.o.p f Value Cereals and Cereal Products
Hides, Leather, and Skins (Furs) Bran Value 74%
d.'Hides, Leather and Manufac- Buckwheat
Flour: . Picul 0.13
tures of Leather,ofn.o.p.f.:—
4)<1 a.b. Others
Manufactures Leather Value 5% , a. Flour, Wheat (Machine-
■Hides, BuffaloDryandorCow (includ- „ 74% milled) ...(including Setno-100
lina) n.o.p.f.
«® ing or Calf),
Unsalted Wet, Salted Picul 2.10 b.
KaoliangFlour,(Sorghum) Valuekg. Free
Picul Free
0.15
aj>| Leather,
simply Buffalo
Tanned
Chrome Sole Leather
andincluding
Cow, Maize
Millet
„ 0.63 I Rice and Paddy
„„ 0.26
0.15
„ 0.3^
204 CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF CHINA
Seed-cake (including Crushed Per Hk. Tls.
and Powdered):— Oils, Tallow and Wax
a.b. Cotton
BeancakeSeed-cake Picul 0.035 Oil, Aniseed Per Hk.5%Tls.
Value
c.d. Rape
Groundnut Cake „
,, 0.053
0.045 Oil, Bean Picul 0.20
Seed-cake „„ 0.045 Oil, Cassia
Oil, Cotton-seed
Castor „ kg.11.00
0.69
Wheat
Cereals, n.o.p.f 0.25
„ 0.25 Oil,Oil, Groundnut ... ... 100 0,48
0.48
Dyestuffs, Vegetable Oil,
Oil, Hempseed
Linseed „
„„ 0.48 0.48
0.48
Indigo: Dry —
а.б. Liquid ... Picul Oil, Perilla-seed
2.00 Oil, Rape-seed ... ...
„„ 0.45 Oil, Tea
Sesamum seed „„ 0.480.48
Nutgalls
Turmeric ... „ 1.00 Oil,
0.23 0.48
Oil, Wood
Dyestuffs, Vegetable, n.o.p.f. ... Value 7|% Oils, Vegetable, n.o.p.f. „ 1.60
Fruits, Fresh, Dried, and Preserved Tallow. Vegetable Value
Picul„ 0.79 5%
Chestnuts,
Dates, Fresh..,
Black,Dried
Dried . Picul Wax, Vegetable 0.79
Dates,
Lichees,Red, DriedDried Groundnuts:— Seeds
Lungngans, a.b. Shelled
In Shell(including Blanched100 kg. 0.24
Lungngan Pulp ... Peanuts) Picul 0.30
Olives:— Seed, Apricot ...Value„ 7i% 1.65
b. Salted or Preserved . Picul Seed, Castor
Oranges, Fresh . Value 5% Seed,
Seed, Cotton „ 71,»
Walnuts (Kernels an i in Shell).,
Fruits,n.o.p.f. (including Canned Seed, Hemp
Lily-flower (Lotus-nuts) ... Picul 7*1.95„
Fruits) Dried and/or Salted:— Seed,
Seed, Linseed...
Melon Value
Picul 7i% 7^%
0.60
Persimmons,
Others Dried 100 kg. 0.75
Value Seed, Perilla
5% Seed, Value
Fresh:— Rape
Seed, Sesamum (not including „ 7£,,
Apples and Pears
Persimmons 100„ kg. 0.35
0.40 Seeds,
Sesamum-seed
n.oip.f Pulp) 100
Valuekg. 70.55J%
Others
Others, n.o.p.f Value 5%
... „ 5^, Samshu andSpirituous Beverages
Fruits, n.o.p.f. (including Canned Medicated Samshu... 100
Spirtuous Beverages, n.o.p.f. ... Value 7i% kg. Free
а.б.Fruits):—
Preserved and/or Canned... Value 5% Sugar, under No.Sugar
Others 11 Dutch
71 „ Standard No. 11 and over, Dutch100,, kg. Free
Medicinal Substances and Spices (not Sugar, Standard Free
including Chemicals) Sugar Candy „ Free
Aniseed,
Aniseed Broken
Star Value
Betelnuts Picul Tea, Black
Tea,Tablet)
Brick (includin r Tea, Free
Betelnut Husks
Camphor Free
Cardamoms, SuperiorInferior ” Tea,
Tea Green
Dust Free