F0« ALL,
'U;!7‘L, AN» f-IOUSEHOLD
I ' ! ’ j ;■ 1 ‘ ( 0 ::
C EE tW S P tf* E - P A. G E XU
THOS. HARRISON & CO. (DEPTFORD), LTD.
ESTV^BLISELED 1845
CONTRACTORS TO H.M. and FOREIGN GOVERNMENTS
glepfpalte cuxb ^Ta^fic ^Taxiufacturcre
Also of Distilled Dehydrated Coal Tar for Roads as per Road Board Specification
IMPORTERS OF FOREI&N ASPHALTES AND BITUMEN
PROPRIETORS OF D.IY’S E.VUIEL FOR SHIPS, AW AHI-FOULLYG COMPOSITIONS
Ofice £ Works:—CANAL BANK, BLACK HORSE BRIDGE,
DEPTFORD, LONDON, S.E. 8., ENGLAND
REGISTERED.
BOHE GEMU'NE UNLESS EACH CASK CONTAINS
HARRISON'S
This Article is packed in casks averaging 4-cwt. o-qrs. 14-lbs. Gross,
as it has been packed and sent-to India, the Far East and the Colonies
for1 more than 70 years. Invoiced on Gross weights.
It is invaluable for Railway Work, Viaducts, Bridges,
Floors, Godowns, Drying Grounds, Damp Courses, and for all purposes for- which
Asphalte is applicable.
Its antiseptic properties and hygienic value are too well known
to need comment.
It being impervious to moisture and all kinds of vermin, makes
it the cleanest of floors.
To obtain the full advantages of this article it must be borne in .
mind that the best article is the only one that can be relied on, and our
Asphalte has stood the test of more than 7® years.
To ensure obtaining Harrison’s Asphaite, it is
necessary to see that a signed label is in every Cask.
There is still a large and increasing demand for our Asphalte,
although we are competing with cheaper sorts. It is most essential to
obtain an article as reliable as ours, as the cost of removing an inferior article,
when once laid (if not impossible), would be very great.
In this article the small difference in price cannot be compared with
the loss the use of an inferior article may entail.
Shipments made through Merchants in Great Britain, and
we shall be glad to have your esteemed enquiries and orders through them, and
we are also prepared to give any further information or advice as to its use, etc.
As supplied by us for Calcutta Port Trust, Bombay
Port Trust, and to East India Railway. ,
HiBEI & HDILET.
Limited,
LONDON HOUSE, CRUTCHED FRIARS,
LONDON, E.C.3.
Import and Export Merchants,
Chart ‘ s and
IMPORTS of ORES, METALS AND NATURAL
PRODUCE of every description.
EXPORTS of RAW and BUILDING MATERI-
ALS, MACHINERY and MANUFACTURED
GOODS of every description.
mu & min (IMSTIR), im
LANCASTER HOUSE, PRINCESS STREET,
MANCHESTER.
COTTON & WOOLLEN PIECE GOODS & SUNDRIES.
LIMITED.
Incorporated in U. S. A.
OVERSEAS MERCHANTS
HEAD OFFICE—Seattle, Wash., U S A.
IMPORTERS—Steel, Machinery, Piece Goods, Paper
EXPORTERS—Products of all countries where we operate
REPRESENTING
LALLEY LIGHT CORPORATION Private lighting Plants
LEE LOADER & BODY CO. Motor Truck Auxiliaries
BADENHAUSEN CO Water Tube Boilers
GENERAL TRACTORS, INC. Monarch Creeper Tractors
GULOWSEN-GREIL ENGINE CO. Crude Oil Engines
THE JOHN LAUSON MEG. CO. Tractors and Engines
EDWIN HARRINGTON, SON & Co., IN Machine Tools
SAINT LOUIS MACHINE TOOL CO. Grinding Machines
ECK DYNAMO & MOTOR CO. ... Dynamos and Motors
RIDGWAY DYNAMO & ENGINE CO. Dynamos and Engines
INGERSOLL RAND CO. ... Mining Machinery, Rock
Drills, Pneumatic Tools,
Air Compressors
THE NATIONAL LATHE CO. ... Engine Lathes
CHAMPION TOOL WORKS CO. Engine Lathes
THE XXTH CENTURY MILL MEG. CO Flour Mills
HOOD INDUSTRIAL MOTORS CO. Industrial Tractors
HILL-CURTIS CO Saw Mill Machinery
THE WAGENER STEAM PUMP CO. Steam Pumps
THE SILVER MEG. Co. Blacksmiths’ Drills,Radial Drills
H. B. SMITH MACHINE Wood Working Machinery
AMERICAN STEEL FOUNDERIES Anchors, Chain, Forgings
BR
AUCKLAND, NEW ZEALAND P.O. Box 403
CHICAGO, III., U.S.A. ... 72, West Adams Street
HONGKONG, CHINA Hotel Mansions
KOBE, JAPAN 22, Naniwa M^chi
LONDON, ENGLAND 9, New Broad Street, E.C.
MANILA, P.I 7, Plaza Morago
NEW YORK, U.S.A. 1750, Woolworth Building
PARIS, FRANCE ... 12, Rue Gaillon
SAN FRANCISCO, CAL., U.S.A. 201, Sansome Street
SHANGHAI, CHINA 46, Nanking Road
SINGAPORE, S. S. 4, Cecil Street
TOKYO, JAPAN Kaijo Building
Jaba BarfhaUnuiEEK- & Co.. E3in?
*
>
THE .
DIEECTORY & CHRONICLE FOE
CHINA, JAPAN, COREA, INDO-CHINA,
STRAITS SETTLEMENTS, MALAY STATES,
SIAM, NETHERLANDS INDIA, BORNEO,
THE PHILIPPINES, &e.
WITH WHICH ARE INCORPORATED “ THE CHINA DIRECTORY” AND
“ THE HONGKONG DIRECTORY AND HONG LIST FOR THE FAR EAST”
¥OR THE YEAR
FIFTY-EIGHTH YEAR OF PUBLICATION
THE HONGKONG DAILY PRESS, LTD.
IOA, DES VT(EOX ROAD, HONGKONG, AND 131, FLEET STREET, LONDON, E.C. 4.
MDCCCCXX.
A
AOENTS
LOXDOX Office of “ Hongkong Daily Press,” 131, Fleet Street, E.C. 4
Do Mr. F. Algar, 11, Clement’s Lane, Lombard Street, E.C.
Do Messrs. G. Street & Co., Ltd., 30, Cornhill, E.C.
PARIS Messrs. G. E. Fuel de Lobel & Cie., 53, Rue Lafayette
1 c
E
S ASIOA^K
5
. COP" »“rt. E-c- 2-
U. S. OF AMERICA ...Northwest Trading Co., Seattle
SOUTH AFRICA Messrs. Gordon & Gotch, Long Street, Cape Town
SYDNEY Messrs. Gordon & Gotch, 123, Pitt Street
MELBOURNE Messrs. Gordon «fe Gotch, 124 and 12fi, Queen Street
BRISBANE Messrs. Gordon •CALCUTTA Messrs. Thacker, Spink & Co., 5 and 6, Government Place
BOMBAY “ Times of India ” Office
Do Messrs. Thacker & Co.
YLADIVOSTOCK Messrs. Sinkievitch Bros.
TOKIO Messrs. Kelly & Walsh, Ltd., Yokohama
YOKOHAMA Messrs. Kelly & Walsh, Ltd., 60, Main Street
KOBE & OSAKA “Japan Chronicle” Office, Kobe
NAGASAKI “ Nagasaki Press ” Office
FORMOSA Mr. A. W. Gillingham, Taipeh
SEOUL (COREA). “Seoul Press” Office, Seoul
DAIREN Mr. F. J. Bardens
TSINGTAU Messrs. Cornabe, Eckford PEKING & TIENTSIN ..Tientsin Press, Ltd.
GHEFOO Messrs. Curties Brothers
SHANGHAI, Do. Messrs. Brewer & Co.
H
}Messrs- Kel1^ & Walsh’ Ltd” Ha,lkow
YANCTS?E PORTS..
FOOCHOW Messrs. T. Brockett & Co.
AMOY Messrs. A. S. Watson & Co., Ltd., Kulangsu
SWATOW Messrs. Jardine, Matheson & Co., Ltd.
-CANTON Messrs. W. G. Humphreys & Co., Shameen
MACAO Mr. A. A. de Mello
SAIGON Cie. de Commerce et de Nav. d’Extreme-Orient
TONKIN (HAIPHONG)., do.
BANGKOK “ Bangkok Times ” Office
SINGAPORE Messrs. Kelly & Walsh, Ltd., 32, Raffles Place
F &
STATESEI>..^ALA!}Messrs- Kelly Walsh’ SinSaP°re
MANILA .Philippine Education Co.
BORNEO Mr. J. Nimmo Wardrop, Sandakan .
INDEX, DIRECTORY
Amoy, Descriptive and Statistical 887 Hanoi Directory
Amoy Directory 888 Harbin, Descriptive •
Annam, Descriptive .1083 Harbin Directory
Annam Directory 1084 Hoihow, Descriptive and Statistical
Annam Provinces, Director}’ 1087 Hoihow Directory
Anping, Descriptive and Statistical 562 Hokow, Descriptive and Directory
Antung, Descriptive and Directory 671 Hongkong, Classified List of Trades, &c
Bangkok, Descriptive and Statistical Il l Hongkong, Descriptive and Statistical
Bangkok Directory 1113 Hongkong Directory
Batavia, Descriptive and Statistical 1303 Hongkong, Insurance Offices
Batavia Director}- 1304 Hongkong Ladies’ Directory
Borneo, British North, Descriptive and Statistical .. 1393 Hongkong, Peak Residents
Borneo, British North, Director}’ 1394 Hu6, Descriptive
Borneo, Descriptive and Statistical 1388 Hunchun, Descriptive and Diiectory
Ichang, Descriptive and Statistical ’ ’ ’.
Brunei, Descriptive 1402 Ichang Directory
Brunei Directory 1403 Indo-Chinx, French, Descriptive
Buitenzorg, Descriptive 1304 .1055
Iloilo, Descriptive .1372
Cambodge, Descriptive and Statistical 1107 Iloilo Directory
Cambodge Director}’ 1108 .1373
Japan, Classified List of Trades and Professions
Canton, Descriptive and Statistical 899 Japan, Descriptive and Statistical
Canton Directory 902 Johore, Descriptive and Statistical
Cebu, Descriptive 1375 Johore Directory
Cebu Diiectory 13.6 Kedah, Descriptive .1278
Changchun, Descriptive 667 Kedah Dirt ctory .1279
Changchun Directory 668 Kelantan, Descriptive and Statistical .1274
Changsha, Descriptive 864 Kelantan Directory .1275
Changsha Directory 865 Keelung Directory
Chefoo, Descriptive and Statistical 679 Kewkiang, Descriptive
Chefoo Directory 680 Kewkiang Directory
Chemulpo, Descriptive and Directory 573 Kiaochau, Descriptive
Chinnampo, Descriptive 576 Kiaochau Directory
China, Descriptive and Statistical 578 Kirin, Descriptive
Chingwangtao, Descriptive and Statistical 654 Kirin, Directory
Cbingwangtao Directory 655 Kobe-Hyogo, Descriptive and Statistical
Chinkiang, Descriptive 826 Kobe-Hyogo Directory
Chinkiang Directory 827 Kobe-Hyogo, Insurance Offices
Cholon, Descriptive and Directory 1106 Kongmoon, Descriptive
Chosen, Descriptive and Statistical 665 Kongmoon Directory
Chosen Ports, Descriptive and Directories 565-577 Kouang-tcheou-wan, Descriptive
Chungking, Descriptive and Statistical 868 Kouang-tcheou-wan Directory
Chungking Directory 869 Kowloon (Chinese), Descriptive and Directory ..
Cochin China, Descriptive 1091 Kuliang Descriptive
Paitotei Directory 560 Kunsan, Descriptive
Dairen, Descriptive 675 Kyofo, Descriptive
Dairen Directory 676 Kyoto Directory
Foochow, Descriptive and Statistical 880 Labuan, Descriptive and Directory
Foochow Directory 882 Lappa, Descriptive and Directory
Foreign Residents, Alphabetical List of 1422 Lungchingtsun, Descriptive
Formosa, Descriptive 556 Lungchingtsun Directory
Fusan, Descriptive and Directory 575 Lungchow, Descriptive and Statistical
Haiphong, Descriptive and Director}’ 1070 Lungchow Directory
Hakata Directory 539 Lungkow, Descriptive
Hakodate, Descriptive and Statistical 610 Macao, Descriptive and Statistical .1041
Hakodate Directory 511 Macao Directory . .1402
Hangchow, Descriptive and Statistical 871 Macao, Ladies’ Directory .P 53
Hangchow Directory 873 Makasser, Descriptive .1321
Hankow, Descriptive and Statistical 837 Makasscr Directory ,.1322
Hankow Director}- 839 Malacca, Descriptive and Statistical
Hanoi, D( scriptive and Statistical 1057 f Malacca Directory
INDEX
PAG*
Malay States (Federated), Descriptive 1218 Shanghai, Insurance Offices 821
Malay States (Unfederated), Descriptive 1268 Shasi, Descriptive 862
Manchurian Trade Centres 6dO Shasi Directory 863
Manila, Descriptive and Statistical 1342 Shimonoseki, Descriptive — 636
Manila Directory 1314 Shimonoseki, Directory 537
Manila, Insurance Offices 1370 Siam, Descriptive and Statistical 1019
Masampo, Descriptive 576 Singapore, Classified List of Trades, Ac 1188
Mengtsz, Descriptive and Directory 930 Singapore, Descriptive and Statistical 1147
Moji, Descriptive 536 Singapore Directory 1151
Moji Directory 537
Singapore, Insurance Offices 1193
Mokpo, Descriptive 576
Mukden, Descriptive 660 Soerabaja, Descriptive 1311
Mukden Directory 661 •sbaja Directory 1312
Nagasaki, Descriptive and Statistical 539 j-jin Descriptive 577
Nagasaki Directory 540 Soochow, Descriptive and Directory 825
Nanking, Descriptive 829 Steamers, Coasting and River 1414
Nanking Directory 830 Straits Settlements, Descriptive 1146
Nanning, Descriptive 9>2 Sumatra (East Coast), Descriptive 1322
Nanning Directory 923 Sumatra (East Coast) Directory 1324
Naval Squadron, Great Britain 1405 Swatow, Descriptive and Statistical 894
Naval Squadron, Japan 1412
Naval Squadron, United States 1409 Swatow Directory 895
Negri Sembilan, Descriptive and Statistical 1258 Szemuo, Descriptive and Directory 93»
Negri Sembilan Directory 1259 Taipeb Directory 560
Netherlands India, Descriptive and Statistical 1283 Tainan, Takow and Anping, Descriptive and Statistical 562
Netherlands India Directory 1292 Tainan, Takow and Anping Directory 563
Newchwang, Descriptive and Statistical 655 Taku, Descriptive andStatiatical 652
Newchwang Directory 6:6 Taku Directory 653
Nieolajewsk, Descriptive 468 Tamsui, Descriptive and Statistical 558
Tamsui Directory 559
Ningpo, Descriptive 874 Tengyueh, Descriptive and Directory 933
Ningpo Directory 875 Tientsin, Classified List of Trades and Professions .. 648
Osaka, Descriptive and Statistical 512 Tientsin, Descriptive and Statistical 619
Osaka Directory Tientsin Directory 623
Padang, Descriptive and Directory 1320 Tientsin Insurance Offices 650
Pahang, Descriptive and Statistical 1265 Tokyo, Descriptive and Statistical 475
Pahang Directory Tokyo Directory 477
Pakhoi, Descriptive and Directory 925 Tonkin, Descriptive 1C56
Peitaiho and Chingwangtao, Descriptive 654 Tonkin Provinces Directory 1078
Peitaiho and Chingwangtao, Directory 655 Tourane, Descriptive 1085
Peking, Descriptive and Statistical 602 Tourane Directory 1086
Peking Directory Trengganu, Descriptive 1277
Penang, Descriptive and Statistical Trengganu Directory 1278
Penang Directory 1196 Tsingtao (Kiaochau), Descriptive 689
Perak, Descriptive and Statistical Tsingtao (Kiac'hau) Directory 691
Perak Directory 1221 Tsinanfu, Descriptive and Directory 694
Perlis, Descriptive and Directory 128 Unsankinko, Directory 572
Philippines, Descriptive and Statistical 138 Vladivostock, Descriptive 467
Port Arthur, Descriptive 65 Vladivostock Directory 468
Port Arthur Directory 65 Wei-hai-wei, Desoriptive 686
Quinhon, Descriptive 1086 Wei-hai-wei Directory 687
Quinhon Directory Wenchow, Descriptive and Statistical 877
Saigon, Descriptive and Statistical 1092 Wenchow Directory 878
Saigon Directory Wonsan, Descriptive
Samshui, Descriptive Wuchow Descriptive and Statistical
Samshui Directory Wuchow Directory
Santuao, Descriptive and Directory Wuhu, Descriptive and Statistical
Sarawak, Descriptive and Statistical Wuhu Directory
Sarawak Directory Yochow, Descriptive
Selangor, Descriptive and Statistical Yochow Directory
Selangor Directory Yokohama, Descriptive and Statistical
Semarang, Descriptive and Directory 1316 Yokohama Directory
Seoul, Descriptive and Directory Yokohama, Insurance Offices
Shanghai, Classified List of Trades, Sic Yunnanf.i, Descriptive and Directory
Shanghai, Descriptive and Statistical Zamboanga, Desoriptive
Shanghai Directory Zamboanga Directory
INDEX
TREATIES, CODES AND GENERAL
PASS
Advertisers, Index to ii Great Britain, Kowloon Extension, 1898 23
Agents Back of Title page Great Britain, Nanking, 1842 3
■Calendar and Chronology viii Great Britain, Opium Agreement, 1911 69
Calendar, Anglo Chjnese vii Great Britain, Opium Convention, 1885 19
Chair and Boat Hire, Hongkong 400 Great Biitain, Sup. Commercial Treaty with China 25
Chamber of Commerce, Scale of Commissions, &c 460 Great Britain, Tibet-Sikkim Convention, 1890 21
Chinese Festivals 1596 Great Britain, Tibet Convention 64
Chinese Passenger Act 383 Great Britain, Tientsin, 1858 5
Court of Consuls at Shanghai, Rules of Procedure ... .359 Great Britain, Weihaiwei Conv ention, 1898 24
■Customs Tariff, China, Exports 52 Japan, Commercial, Peking, 1896 140
Customs Tariff, China, Imports, Revised 1919 37 Japan, Protocol, New Ports, Peking, 1896 145
Customs Tariff, China, Rules, Exports 54 Japan, Regarding Manchuria, 1905 154
Japan, Regarding Shantung, 1915 156
Customs Tariff, China, Rules, Imports 50
Japan, Regarding, S. Manchuriaand Mongo!ia,1916,168
Customs Tariff, Japan 182
Customs Tariff, Korea 170 Japan, Shimonnseki, 1895 137
Japan, Supplementary Treaty, 1903 146
Draft Customs Tariff Law (Japan) 180 Portugal, 1888 124
■Foreign Jurisdiction Act, 1890 2'9 Portugal, 1904 132
Harbour Regulations, Japan 397 Russia, St.. Petersburg, 1881 95
Hongkong, Charter of the Colony 364 Russia, Regulations for Land Trade 100
Hongkong, Constitution of Councils 368 United States of America. Additional, 1868 110
Hongkong-, Legislative Council, Rules of 377 United States of America, Commercial, 1903 .... 117
Hongkong, Port Regulations 387 United States of America, Immigration, 1894 115
Hongkong Typhoon Signals and Stations 464 United States of America, Immigration & Comm. 112
Insurance, Japanese Ordinance 386 United States of America, Tientsin, 1858 104
Malay States Federation Agreement, 1896 273
Manila Invoice Charges 459
•Orders in Council (Amendment) China and Corea, 1907 325
Orders in Council (Amendment) China & Corea, 1909 329- ..246
Great Britain, 1894 173
Orders in Ceuncil(Amendment)China and Corea,1010. .330 Great Britain, Alliance, 1911 232
•Orders in Council (China Amendment), 1913 331 Great Britain, Commerce and Nav., 1911 224
Orders in Council (China Amendment) 1914 338 Great Britain, Estate of deceased persons 1900.... 222
Orders in Council (Companies) China, 1915 340 Great Britain, Japan-India Commercial, 1904 223
Orders in Council (War Powers) China, 1917 313 Korea, Treaty of Annexation, 1910 165
Orders in Council, H.B.M., China and Corea 285 Russia, Convention 1916 244
Port Regulations for H.B.M. Consulates in China 394 Russia, Railway Convention, 1907 241
Postage, Chinese 450 Russia, Relating to China 240 ,
Postal Guide, Hongkong 401 Russia, Treaty of Peace, 1905 237
Shanghai Mixed Court, Rules of the 360 United States, 1886, Extradition Treaty 234
Siam, Foreign Jurisdiction, 1909 259 United States, 1908, respecting the Pacific 236
With Korea:—
Signals, Storm, &c., Hongkong 464 Great Britain, Trade Regulations 167
Stamp Duties, Hongkong 454 With Siam:—
■Statutory Rules and Order-(China and Corea), 1909 .. 352 France, 1904 261
Trading with Enemy, Consolidation Regulations 1917, 345 France, 1907 263
Trading with Enemy,Chinese EnemyTrading Act. 1918 350 Great Britain, 1856 247
Treaty Ports, etc 275 Great Britain, 1909 253
Treaties:—With China:— Great Bi itain, 1913, re Fugitive Criminals 258
Great Britain, Registration of Subjects 252
Final Protocol with Eleven Powers, 1901 160
Great Britain, Trade Regulations with 250
France, Additional Convention, 1895 93 Japan, 1898 267
.France, Convention, 1887 91 Russia, 1899 271
France, Convention of Peace, 1860 72 Great Britain and France, Siamese Frontier, 1896 ..272
^France, Pekin, 1860 81 Great Britain and Portugal, Opium, 1913 273
France, Tientsin, 1885 83 Great Britain and Russia, Railway Agreement, 1899. 62
France, Trade Reglns. for Tonkin Frontier, 1886.. 86 Gt.Britamand Russia, ArrangementconcerningTibet 64
■Great Britain, Burma Convention, 1897 21 United States Consular and Court Fees S61
■Great Britain, Chefoo Convention, 1876 13 United States Consular Courts in China, Regulations .. 363
Great Britain Chungking Agreement, 1890 20 United States Court for China, Jurisdiction 356
•Great Britain, Emigration Conven'ion, 1904 57 Weights and Measures, Mon*-y '. 462
INDEX TO ADVERTISERS
PAGE
A.B.C.DIRECTORY OF BRITISH MER- COAL MERCHANTS
CHANTS AND MANUFACTURERS ... xlvi Sun Man Woo Co., H’kong xlii
Kailan Mining Admin., Tientsin... xl
ASPHALTE MANUFACTURERS :—
Do. Front cover
Thos. Harrison & Co. (Deptford), Kwong Sang & Co Ixxxvi
Ld Inside front cover Mitsubishi Shoji Kaisha xli
BANKS :—
Mitsui Bussan Kaisha iv-v
Bank of Taiwan (Formosa) xxv
COTTON GOODS MANUFACTURERS :—
Chartered Bank of India, Aus. and
Addey, Lord & Co., Ld., Man-
China xxii
chester Ixxiv
Hongkong and Shanghai Bank ... xxi
Hongkong Savings Bank xxvii Jonathan Townsley, Bradford ... Ixxxi
Kempton & Co., Manchester ... Ixxx
Mercantile Bank of India xxiii
Richard Haworth & Co., Ld.,
Sumitomo Bank, Osaka xxvi
Manchester 1146A
Yokohama Specie Bank xxiv
CANVAS MANUFACTURERS :—
BEAN AND BEAN OIL MERCHANTS
Kodera & Co., London Ixxvii Holmes,SinithitCo.,Ld.,Manchester Ixxv
J. McMillan and Bolton, Ld.,
BOOKSELLERS & PUBLISHERS:— London Ixxvi
Maruzen Co., Ld xxxv
DOCKS
BREWERS Hongkong & Whampoa Dock Co. 988B-C
Dai Nippon Brewery Co. ... Ixxxiii Mitsubishi Dockyard, Kobe ...508A-B
Mitsubishi Dockyard, Nagasaki...508C-D
BRICK MANUFACTURERS
Kailan Mining Administration, DRUGGISTS :—
Tientsin xl Ferris ifc Co., Ld., Bristol xlv
A. Naline, France Ixviii
CARD CLOTHING FOR DRESSING SILK
WASTE EDGE TOOL MANUFACTURERS :—
Fleming, Birkby & Goodall, Ld., Geo. Thorton Brighouse, England Ixvii ham 1146K
CARPET AND RUG MANUFACTURERS
Do. Hinge of cover
Do. Back of cover
T. F. Firth & Sons, Ld., Brighouse,
Yorkshire , ... Ixxx ENGINEERS AND MACHINISTS :—
CEMENT MANUFACTURERS W. Canning & Co., Birmingham..Ixxviii
Indo-China Portland Cemenk Co., Hongkong & W’poa. Dock Co., Ld. 988B-C
Ld xxxiv Mitsubishi Dockyard, Kobe ...508A-B
Mitsubishi Dockyard, Nagasaki...508C-D
CHEMICALS
W. K. & C. Peace, Sheffield ... Ixx
Dexters, Ld , London Ixxxi
Rapid Magnetting Machine Co.,
CHRISTMAS CARDS, ETC.:— Ld., Birmingham Ixxix
Raphael Tuck & Sons, Inside bade cover j Youngs, Birmingham Ixxviif
INDEX TO ADVERTISERS—Continued iii
PAGE PAGE
French Merchants & Manufacturers Ixix MERCHANTS, COMMISSION AGENTS, ETC.,
■GLASS MANUFACTURERS
Continued:—
Mitsui Bussan Kaisha, China and
S. & C. Bishop & Co., Lancashire.. Ixxvii Japan iv-v
HARDWARE MANUFACTURERS :— Mitsubishi Shoji Kaisha, Tokyo... xli
W. Canning Youngs, Birmingham ...Ixxviii Front end paper
Societe Maritime et Commerciale
HOTELS :— du Pacifique xxxix
Peak Hotel, Hongkong xliii De Souza k Co., H’kong. & S’hai xxxix
Sun Man Woo Co xlii
INSURANCE, LIFE, FIRE AND MARINE :—
Fire & Marine Insc. Co. (United)., xxvii METAL MERCHANTS :—
Standard Life Front cover Tai Lee Chan, Hongkong Ixxxv
KNITTING COMPANY
MILK :—
Kam King Knitting Co., Hongkong xliii
Milkmaid Brand Back end paper'
LAMP MANUFACTURERS :—
MINING AND PLANTATION TOOL
A. G. Wells & Co., London Ixxii
MANUFACTURERS : —
LIFTING TACKLE Geo. Thornton k Co., Ld., Bir-
Youngs, Birmingham Ixxviii mingham 1146B
Do. Hinge of cover
LUBRICATORS :— Do. Back of cover
Snowdon, Sons & Co., Ld 2
NAVY CONTRACTORS :—
MACHINERY :— Sun Man Woo Co xlii
Hongkong & Whampoa Dock Co. 983B-C
W. K. & C. Peace, Eagle Works, NEWSPAPERS :—
Sheffield Ixx Hongkong Daily Press
Hudson & Co., Birmingham ... Ixxi Inside back end paper
Hongkong Weekly Press ... do.
MERCHANTS, COMMISSION AGENTS, ETC. :—
A.B.C. Directory of Merchants and NURSERYMEN AND FLORISTS
Manufacturers xlvi The Yokohama Nursery Co., Ld. Ixxxiv
C. Abdoola & Co., Kobe ... ...xxxviii
OIL MERCHANTS :—
Arculli Brothers, Hongkong ... xxxvi
Asiatic Petroleum Co ... xx
H. ChingKong.C’foo. and Tientsin Ixxx vi
Ekman Foreign Agencies, S’hai...xxxvii
Do. Front cover
Dexters, Ld., London ... Ixxx
Hamel & Horley, Ld., London ...
Bising Sun Petroleum Co xx
Inside front cover
Hudson & Co., Birmingham Ixxi PAINT MERCHANTS :—
John D. Hutchison & Co., Hong- Archd. H. Hamilton k Co., Glasgow Ixvii
kong xxxvi J. McMillan & Bolton, Ld.,
John D. Hutchison & Co., London Ixxv
Shanghai Ixxxii
J. McMillan & B«lton, Ld., PAPER MAKERS AND AGENTS :—
London Ixxvi Ekman Foreign Agencies, S’hai. xxxvii
Continued on Page vi.
iv COAL MERCHANTS
HONGKONG,
PRINCE’S BUILDINGS, ICE HOUSE STREET.
Head Office - - - TOKYO, JAPAN.
(MITSUI & DO., LIMITED, IN EUROPE AND AMERICA.)
IMPORTERS, EXPORTERS AND GENERAL COMMISSION MERCHANTS.
COAL CONTRACT OR S to Home and Foreign Mail and Freight
Steamers, Railways, Army and Navy, and Principal Industrial Works.
MIIKE HARBOUR AND DOCKS built by the Company to facilitate
Loading and Shipment of Miike Coals.
SOLE PROPRIETORS of Miike Tagawe, Ido, Yamano, Hondo
Noborikawa Coal Mines.
SOLE AGENTS for Ohnoura, Ohtsuji, Mannoura, Yoshio, Mameda,*
Iwaya, Kishima, Mineji, Yubari, Matsushima and other Coals.
A^gertts for:
TOKYO MARINE INSURANCE CO., LTD Tokyo.
TOKYO FIRE INSURANCE CO., LTD Tokyo.
MEIJI FIRE INSURANCE CO., LTD Tokyo.
DAISHO FIRE & MARINE INSURANCE CO., LTD Tokyo.
NIPPON FIRE INSURANCEE CO., LTD Tokyo.
KYODO FIRE INSURANCCE CO., LTD Tokyo.
CHIYODA FIRE INSURANNCE CO.; LTD Tokyo.
YOKOHAMA FIRE INSURANCE CO., LTD Yokohama.
DAI NIPPON BREWERY CO., LTD Tokyo.
etc., etc., etc.
Telegraphic Address: “Mitsui.”
COMMISSION MERCHANTS
mism mm KUSHI, m, TOKYO
(Mitsui & Co., Ltd., in Europe & America)
IMPORTERS, EXPORTERS AND
- GENERAL COMMISSION MERCHANTS
HEAD OFFICE:
1, Surugacho, Nihonbashiku, TOKYO
BRANCHES AND REPRESENTATIVES:
JAPAN:—
CHEMULPO KUCHINOTZU NAGASAKI OTARU WAKAMATSU
KARATSU MIIKE NAGOYA SEOUL YOKOHAMA
KISHIMA MOJI NIIGATA TAINAN »fec., &c.
KOBE MURORAN OSAKA TAIPEH
OTHER COUNTRIES:—
AMOY FOOCHOW NEWCHWANG SWATOW
ANTUNGHSIEN HAIPHONG NEW YORK SYDNEY
BANGKOK HANKOW PORTLAND
BATAVIA HARBIN RANGOON DAIREN
BOMBAY HONGKONG SAIGON TIENTSIN
CANTON LONDON SAN FRANCISCO TIEHLING
CALCUTTA LYONS SHANGHAI
CHANGCHUN SINGAPORE TSINGTAU
MANILA
CHEFOO MUKDEN SOURABAYA VLADIVOSTOCK
Telegraphic Jl&clress: “MITSUI.
INDEX TO ADVERTISERS-(Jontinued
PAGE PAGR
PKINTEKS & PUBLISHERS :— STEAMSHIP LINES, Continued-.—
Maruzen Co., Ld xxxv Douglas Steamship Co xxx
Eastern and Australian Line ... xxviii
PROVISION MERCHANTS :— Indo-China Steam Nav. Co xxix
See Storekeepers Nippon Yusen Kaisha ... ... ... 988D
Osaka Shosen Kaisha xxxii
ROPE MANUFACTURERS P. & O. S. N. Co. ... • ... xxviii
H’kbng. Rope Manufacturing Cb.... 988A Toyo Kisen Kaisha xxxi
Yamashita Kisen Kaisha xxxix
ROTARY MANUFACTURERS Soc. Maritime et Commercial e du
D. Gestetner, London .... Ixxiii Pacilique, Saigon xxxix
RUBBER MANUFACTURERS STEEL MANUFACTURERS:—
Wm. Warne & Co., Ld., London ... Ixxix W. K. & C. Peace, Ld., Sheffield ... Ixx
SEED MERCHANTS STEVEDORES :—
The Yokohama Nursery Ixxxiv Sun Man Woo Co., Hongkong ... xlii
SHIPBUILDERS :— STOREKEEPERS:—
H’kong. Whampoa Dock Co., Ld. 988B-C Sun Man Woo Co., Hongkong ... xlii
Mitsubishi-Dockyard, Kobe ... 508A-B
SURGICAL INSTRUMENT DEALERS:—
Mitsubishi Dockyard, Nagasaki 508C-D
Ferris & Co., Ld., Bristol xlv
SHIPCHANDLERS :—
TEXTILE MERCHANTS :—
A. Kwai & Co., Hongkong Ixxxv
Sun Man Woo Co., Hongkong ... xlii Jonathan Townsley, Bradford ... Ixxxii
Kwong Sang & Co., Hongkong ...Ixxxvi TIMBER MERCHANTS
SHIPPING BROKERS, AGENTS, ETC. Wm. Stewart & Co. ...Hinge of cover
Ekman Foreign Agencies, S’hai... xxxvii TRADE MARKS OF BRITISH MERCHANTS
SOAP MANUFACTURERS:— AND MANUFACTURERS Ixviii
A. Kwai & Co Ixxxv TYPE FOUNDRIES:—
SPARKLING WATER MANUFACTURERS :— Tokyo Tsukiji Type Foundry ...Ixxxiv
Socibte S.M.A., Paris ]xix WEBBING MANUFACTURERS :—
STEAMSHIP LINES Holmes, Smith & Co., Ld., Man-
chester Ixxv
Apcar Line xxviii
British India S. N. Co., Ld. ... xxviii WINES AND SPIRITS :—
Dairen Kisen Kaisha xxxiii Cockburn& Campbell,Gt. Britain.. Ixxxi
|,irglo-(Ijjiitcs£ (Jitlcnitar for 1920
viii THE CALENDAR FOR 1920
JANUARY—31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 7h. 03m. 5h. 50m. 1918 1919
15th 7h. 06m. 5h. 59m. Maximum 59.2 65.4
MOON’S PHASES
Mean 54.0 61.5
d. h. m.
Full Moon 6 5 5 A.M. BAROMETER, 1919
Last Quarter 13 8 9 A.M. Mean 30.15
New Moon 21 1 27 P.M. 1918 KAINFALL 1919
First Quarter 28 11 38 P.M. 0.010 inches 0.625 inches
1 ' !
28 s i
Sal:
THE CALENDAll FOIl 1920 ix
FEBRUARY—29 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
7h. 04m. 6h. 11m. 1918 1919
6h. 56m. 6h. 19m. 64.5 61.7
55.7 55.0
d. h.
Full Moon 4 4 , 1919
Last Quarter 12 4 30.16
New Moon 20 5 1918 li AIN FALL 1919
First Quarter 27 7 0.015
xr = ^ I
lu£:
— ~by th9
THE CALENDAR FOR 1920
MARCH-31 DAYS
..64.0 66
Full Moon 5 5 13 A.M. 1919
Last Quarter 13 1 57 A.M. .. ...30.04
New Moon 20 6 56 P.M. 1918 1919
First Quarter 27 2 45 p.M. 1.105 inch 1.755
^d9:
Edict of Commissioner Lin to surrender all opium in Canton, 1839. Chungking declared
.. ISIS.
E£u„ !!
&
THE CALENDAR FOR 1920
APRIL-30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
. ...6h. 17m. Gh. 38m. 1918 1919
. ...6h. 04m. 6h. 43m. Maximum 7-\0 77.1
Minimum 67.0 69.2
MOON’S PHASES
Alean 70.4 72.5
d. h. m.
Full Moon BAROMETER, 1919
Last Quarter Mean 29.94
Ne>v Moon 1918 RAINFALL 1919
First Quarter 4.440 inches ■ 4.430 inches
p REMARKABLE EVEI
The port of Hoihow, Hainan, opened, 1876. The ports of Pakhoi, Wenchow, Wuhu and
Ichanc; opened, 1877. B.N. Borneo adopted the Straits Settlements currency, 1905.
Dowager Empress of Japan died, 1914.
Goon FRIDAY. French flag hoisted at Kwang-chau-wan, 1898. Belilios Reformatory
opened at Hongkong, 19o0.
Satur. Tai On pirated between Hongkong and Kongmoon, If 13.
Sun. EASTER DAY. Protocol arranging the preliminaries of peace between France and China
signed at Paris, 1885. The Tsarevitch and Prince George of Greece arrived in
Hongkong, 1891.
EASTER MONDAY. Bogue Forts destroyed by General D’Aguilar, 1847. Wheelbarrow Riot
at Shanghai, 1897. Attempt to destroy with dynamite the Prince Regent’s Palace at
Peking, 1910.
Tnes. Convention between Sir John Francis Davis and the Viceroy Ki-ying for the admission
of Europeans into the city of Canton w ithin two months, 1842.
Wed. Hongkong Mint opened, 1866. Indignation Meeting at Shanghai respecting Wheelbarrow
Riot, 1897. Great powder explosion at Canton, 1903.
Arrival of M. Paul Bert at Hanoi, 1886. Chinese Parliament inaugurated 1913.
Terrific tornado in Canton; 2,000 houses destroyed and 1( is lost, 1878. Tartar
General at Canton assassinated, 1911.
37,000 Christians butchered in Japan, 1738. Death at Peking of Marquis Tseng, 1890
Presentation of colours to Hongkong Regiment, 1895. Russian flagship Petroj>avlov»Te
sunk by a mine off Port Arthur, nearly every man drowned, including Admiral
Makaroff, 1904.
Soldiers’ Club opened at Hongkong, 1900. Imperial Palace, Seoul, destroyed by
fire, 1904. Aliens given the right to own land in Japan, 1910.
S. Francis Xavier left Goa for China, 1652. Riots at Changsha, 1910.
British Flag hoisted at Taipohu, Kowloon New Territory, 1899. Governor Sir Arthur
Kennedy arrived in Hongkong, 1872. Junk Bay Flour Mills, Hongkong, suspended
operations, 1908.
Satur.
ling “Namoa” pirates, 1891. Treaty of Peace between China and Japan signed
at Shimonoseki, 1895.
Sun. Convention between China and Japan settling Corean differences signed at Tientsin,
1885. The O. & O. steamer “ San Pablo ” wrecked near Turnabout, 1888. One-fourth
of the opium divans at Shanghai closed, 1908. Town ofWagima, Japan, destroyed
by fire, HdO.
The “Sir Charles Forbes,” the first steamer in China waters, arrived, 1830. The
Tsarevitch arrived at Hankow, 1891.
Resignation of Shanghai Municipal Council, 1897.
East India Company ceased trade with China, 1834. Arrival of Governor J. Pope
Hennessy in Hongkong, 1877. Opening of new commercial port of Heungchow near
Macao, 1909. Bank of China authorised to issue $3,000,000 in subsidiary notes, 1915.
S. GEORGE’S DAY. P. M. steamer Ana, wrecked near Foochow, 1911.
Chinese Imperial Edict issued disranking Roman Catholic i , - .
ture of the citadel at Hanoi, Tonkin, by the French forces, 1882. First sod of the
Shanghai-Nanking Railway cut at Shanghai, 1905.
Sun. Foundation stone of Queen’s College, Hongkong, laid, 1884. Contract for Quintuple
Loan of £25,000,000 signed at Peking, 1913.
Mi n. A crowded public meeting in Hongkong den a- ds exclusion cf Germans from the Colony-
after the War, 1917.
Appointed by Chinese Government a Day of Prayer for Christian Churches, 1913.
Ratifications of Corean Treaty with England exchanged, 1884. Privy Council for
Japan constituted by Imperial decree, 1888. Sir F. D. Lugard laid foundation stone of
Hongkong Seamen’s Institute, 1909. Daring piracy on thes.s. “Tai On” off Kai Au, 1914.
Thurs. B attle of the Yalu; Russo-Japan War: Russians defeated with great slaughter, 1904.
Fri, Arrival o Central Grant n Hongkong, 1879
xii THE CALENDAR FOR 1920
MAY—31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 5h. 52m. 6h. 49m. 1918 1919
... 5h. 44m. 6h. 56m. Maximum 80.3 80.6
MOON’S PHASES Minimum 73.1 73.6
Mean 76.2 76.6
Full Moon 9 47 BAROMETER, 1919
Last Quarter Mean ...29.86
New Moon 1918 RAINFALL 1919
First Quarter 6.655 inches 6.950 inches
CHRONOLOGY OF REMARKABLE EVENTS
Satur. 1 13 First number ot “Hongkong Gazette” published, 1841. Telegraphic communication
established between Hongkong and the Philippines, 1880. Spanish fleet destroyed by
U.S. fleet at Cavite, 1898. Emperor Kwang Hsu buried, 1909.
Sun. 2 14 Ratification at Tientsin of the Treaty between Portugal and China, 1888. United States
formally ' recognised Republic of China, 1913. Presentation of Chinese Note in reply
to Japan’s revised demands, 1915.
Mon. 3 Suspension of Oriental Bank, 1884.
Tues. i Riot in French Concession at Shanghai, 1874. Roman Catholic Cathedral at Peking
inaugurated, 1884. Aomori devastated by fire, 1910.
Wed. 5 British troops evacuated Ningpo, 1842. Imperial Government ordered steps to be taken
at Hongkong to close opium divans, 1908.
Thurs. 6 King Edward VII. died, 1910. Attack on Mr. Wood at the British Legation at Tokyo, 1874.
Fri. 7 Departure of Governor Sir William Des Vmux from Hongkong, 1891. Japan presents
ultimatum to China, 1915
Sun. New Town Hall at Tientsin opened, 1890. Wigl m Lighthouse opened, 1893. Chinese
Government submits to Japan’s revised demands, 1915.
Mon. Hongkong declared infected with plague, 1891. Colonel Gordon with the Imperial
troops captured Chang-chow, the rebel city, 1864. Occupation of Port Hamilton
by the British Squadron, 1885. Meeting of Chinese merchants at Shanghai
instituted a boycott of American products as a protest against the Chinese Immigration
Act, the movement eventually spreading extensively in China, 1905.
Attempted assassination of the Tsarevitch by a Japanese at Otsu, Japan, 1891. Execution
of fifteen pirates, including leader of “Xamoa” pirates, at Kowloon, 1891. Portuguese
cruiser AJumastor struck rock near Hongkong, 1913.
Wed. East India Co.’s garden at Canton destroyed by the Mandarins, 1831. Swedish str. Nippon
wrecked on Scarborough Reef, 1913.
Thurs. A corporal of the British Legation m ordered by Chinese soldiers at Peking,1864. Anti-foreign
riot at Wuhu, 1891. Bill for amending the Trading with the Enemy Ordinance, 1914,
read a third time and passed bv the Homrkong Legislative Council, 191->.
Fri. Arrival of Sir John Walsham, Bart., in Hongkong, on his way to Peking to assume
the functions of British Minister, 1886.
Satur. Ratification at Peking of the amended Treaty between Russia and China, 1881.
Anti-foreign riot in the Hochow district, 1891.
Sun.
Mon. Loss off Amoy of the French war steamer “Izere,” 1860. Arrival of General Grant in
Shanghai, 1879. Kowloon walled city occupied, 1899.
Tues. The city of Chapu taken by the British troops, 1842. Anti-foreign riot at Nanking, 1891.
Wed. Disastrous surprise of a French sortie in Tonkin led by Commandant Riviere and
death of the latter, 1883. “ Hongkong Daily Press” enlarged, 1900.
Thurs. 3 Forts at mouth of Peiho captured by British and French forces, 1858. The Canton Mint
commenced striking silver coins, 1890.
Fri. Loss of M.M. str. “Menzaleh” while on her passage from Hongkong to Yokohama, 1887.
Imperial Edict respecting anti-Christian literature, 1892. Ministers' Joint Note to
Chinese Government on the Boxer agitation, 1900. Mandate issued cancelling arrange-
ments for Chinese monarchy, 1916.
Foreign factories at Canton" pillaged, 1841. Opening of new Medical School of Hong-
kong University by H.K. the Officer Administering the Government, 1919.
Sun. U.S. Legation at Tokyo burned down, 1863.
Mon. EMPIRE DAY. Captain Elliot and all the British subjects left Canton for Macao, 1839.
British flag hoisted at Weihaiwei, 1898.
Tues. 25 The city of Canton invested by British troops, 1841. Anti-foreign riot at Nanking, 1891.
Formosa Republic declared, 1895. Sino-Japane*e Treaty signed at Peking, 1915. British
Chamber of Commerce inaugurated at Shanghai, 1915.
Wed. 26 Death of Grand Secretary Wen-siang, 1876.
Thurs. 27 Canton ransomed for $6,900,000,1841. Boxers burn station on Lu-Hau line, 1900. Battle of
Kinehau, Russo-Japan War; Japanese stormed Nanshan and captured 78 guns, 1904.
Battle of the Japan Sea; Admiral Togo practically annihilates Admiral Roshdesvensky’s
fleet, 1905. A Bill to provide for the levy of Estate Duty passed by the Hongkong
Legislative Council after considerable opposition'from the Unofficial members, 1915.
Fri. Queen’s Statue, Hongkong, unveiled, 1896. Anti-foreign riots in Szechuen, 1895. H. M.
Queen Mother of Siam visited Hongkong, 1911.
Satur. 12 “ Empress of Ireland” sunk and 690 lives lost, including several prominent Far Eastern
residents, in the St. Lawrence River, 1914.
13 H.B.M. screw sloop “Reynard” lost on the Pratas shoal in trying to rescue remainder
. of crew of “ Velocipede,” 1851. Opening of the Peak Tramway, Hongkong, 1888.
Chinese Postal Service transferred to Board of Communications, 1911. Conscription
Bill introduce in Hongkong, 1918.
31 14 Typhoon at Hongkong and Macao; loss of the “ Poyang,” with 109 lives near Macao, 1874.
THE CALENDAR FOR 1920 xiii
JUNE—30 DAYS
SUNKISE SUNSET HONGKONG TEMPERATURE
1st... ... 5h. 38m. 7h. 03m. 1918 1919
15th 5h. 39m. 7h. 08m. Maximum 83.6 87.0
Minimum 76.5 79.4
MOON’S PHASES Mean ...79.5 82.6
d. h. m.
BAROMETER, 1919
Full Moon 2 1 18 A.M. Mean 29.72
Last Quarter 10 2
New Moon 16 9 41 P.M. 1918 RAINFALL 1919
First Quarter 23 2 49 P.M. 24.795 inches I^.SIS inches
©AYS OE DAYS OF 4&5 |
WEEK | MONTH MOONS | CHRONOLOGY OF REMARKABLE EVENTS
Attempt to blow up the Hongkong Hotel, 1878. New Opium Agreement between
Hongkong and China came into force, 1887. Anti-foreign riot at Tanyang, 1891.
Canton-Samshui Railway completed
Wed. Hongkong connected with London by wire, 1871. Formal transfer of Formosa from
China to Japan, 1895. Revs. Norman and Robinson murdered, 1900.
Thurs. 3 Earthquake at Manila, killing more than 2,000 persons, 1863. Death of Sir Arthur
Kennedy, 1883. Keelung taken possession of by Japanese, 1895.
Fri. 4 Treaty between France and Corea signed at Seoul, iSSC. VN est River opened, 1897.
4Satur. 5 Departure of the first O. & O. steamer from Hongkong to San Francisco, 1875. Messrs.
Argent and Green murdered in an anti-foreign riot at Wusueh, 1891. Communica-
tion with Peking cut off, 1900. French str. H. Lebaudy pirated on West River, 1913.
.Sun. Heavy rains in Hongkong, property to the value of $500,000 destroyed, and many lives lost,
1864. Death of Yuen Shih-kai, 1916.
Attempted ahti-foreign riot at Kiukiansr, 1891. Hongkong-Canton steamer “Powan”
wrecked, 11,08. Tornado in Macao, 1913.
Tues. Destruction of Mission premises at Wusieh by anti-foreign mob, 1891.
Wed Suspension of New Oriental Bank, 1892. The P. & O. steamer “Aden” wrecked off
Socotra, 78 lives lost, 1897.
•Thurs. 10 Typhoon at Formosa; loss of several vessels, 1876. Admiral Seymour starts for
Peking, 1900.
Fri. 11 Portuguese prohibited trading at Canton, 1640.
Opening of the first railway in Japan, 1872.
British steamer “ Carisbrooke ” fired into and captured by Chinese Customs cruiser,'
• 1875. Imperial Edict condemning attacks on foreigners, 1891. Baron von Ketteler,
German Minister, murdered in Peking, 1900.
Mon. Russo-Chinese Treaty, 1728. Battle of Telissu Russo-Japan War. Russians defeated
with a loss of 7,000 men and 16 guns, 1901. Capt. John Aloock and Lieut. A W. Brown
made the first nun-stop flight across the Atlantic in an aeroplane on June 14th, 1919.
Tidal Wave, Japan, 28,000 lives lost, 1896. British barque “ Caesar ” and Danish schooner
“ Carl ” taken by pirates off Pedro Blanco, 1866. Hope Dock opened at Aberdeen 1867.
Russian squadron sank Japanese transport “Hitachi,” badly injured “Sado,” 1904.
Hongkong Legislature passed Ordinances prohibiting circulation of foreign bank notes
and foreign silver coins, 1914. Train from Canton to Hongkong “ held up,” American
missionary killed, 1916.
Wed. 16 Woosung taken, 1842.
'Thurs. 17 First foreign-owned junk leaves Chungking, 1891. Capture of Taku Forts by Allies, 1900.
Death of Sir Honnusjee Mody, 1911.
•Fri. 18 Explosion of the “Union Star” at Shanghai, 17 persons killed and 10 wounded, 1862.
Disastrous inundation at Foochow, 2,000 lives lost, 1877.
;Satur. Shanghai occupied by British forces, 1842.
Sun. Macartney’s embassy arrived in China, 1793. Attack on mission premises at Hainan
city, 1891. Unprecedented floods in the West River, 1908.
Mon. 21 6 Massacre at Tientsin, 1870.
Tues. 22 7 Canton blockaded by English forces, 1840. Queen Victoria’s DiamondJubileecelebration,1897,
Coronation of King George, V., 1911. Inauguration of Tsan Ching Yuan, Chinese
Administration Council, 1914.
•Wed. 23 Ki-ying visits Hongkong, 1843. Shock of earthquake in Hongkong, 1374. French troops
surprised by Chinese near Langson, 1884. Russian Baltic Fleet, after remaining six
weeks in Tonkin waters, sailed from Kamranh Bay northward, 1905.
Thurs. 24 Lord Robert Cecil announced in the House of Commons that the Government had decid-
ed to prohibit trading with the enemy in China, 1915
Fri. 25 10 Assassination of M. Carnot, President of the French Republic, 1894. Treaty of Nanking
exchanged, 1843. Attack on British Legation at Tokyo, 1862. Foundation stone of
new wing of Berlin Foundling House laid by Lady May, 1914.
.-Satur. 26 11 Treaty between England and China signed at Tientsin, 1858. Additional Convention
between France and China signed at Peking, 1887.
Sun. 27 Treaty between France and China signed, 1858. Confiscation of the str. “ Prince Albert
by the British Consul and Customs at Canton, 1866.
Mon. Agreement effected between Great Britain and the United States for reciprocal protection
of British and American Trade Marks in China, 1905. .
Tues. The Foreign Ministers admitted to an audience of the Emperor of China at Peking, 1873.
Indian Mints closed to silver, 1893.
■Wed- *30 15 British expedition to China arrived, 1340. Opening of a section of the Shanghai and
Woosung Railway, 1876. Flooding of the Takasima coal mines, 1891.
THE CALENDAE FOR 1920
JCJLY-31 DAYS
HONGKONG TEMPEKATUEE
1st ... ...5h. 42m. 7h. 11m. 1918 1919
15th 5h. 47m. 7h. 11m.
MOON’S PHASES 78.4 78.3
d. h. m. Mean 81.8 81.8
Full Moon 1 4 41 P.M. BAROMETEK, 1919
Last Quarter 9 16 P.M.
Mean 29.76
New Moon 16 4 25 A.M.
First Quarter 23 3 20 A.M. 1918 RAINFALL 1919
Full Moon 31 7 19 A.M. 11.640 inches 19.430 inches
THE CALENDAR FOR 1920
AUGUST-31 DAYS
liii hi Mi h II
xvi THE CALENDAR FOR 1920
SEPTEMBER-30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6h. 06m. 6h. 41m. 1918 1919
15th 6h. 10m. 6h. 28m. Maximum 83.5 84.7
Minimum 76.5 76.9
MOON’S PHASES Mean 79.6 80.1
d. h. m.
6 3 5 BAROMETER, 1919
Last Quarter
New Moon 12 8 52 Mean 29.90
First Quarter 20 0 55 1918 RAINFALL 1919
Full Moon 28 9 57 18.450 inches 2 655 inches
DAYS OF DAYS OF CHRONOLOGY OF MARKABLE EVENTS
WKKK | MONTH
Wed. ! 1 19 Foundation stone of Gap Rock lighthouse, near Hongkong, laid, 1890. Chinese Imperial
Decree published announcing a decision to grant Constitutional Government. Exten-
sive floods in Shantung, 1914.
Tlrars. j 2 Arrival of the “Vega” at Yokohama after having discovered the North-East Passage,
1879. Kiaochau declared a free port, 1898. Japanese occupied Lioa-yang, capturing'
vast stores of ammunition and provisions, 1904.
Fri. j 3 21 Hongkong Plague proclamation revoked, 1894. Disastrous floods at Shanghai, 1904.
Satur. ! 4 Attack on the forts at Shimonoseki, Japan, by the allied fleet-s under Admiral Kuper, 1864,
Anglo-Chinese Commercial Treaty signed, 1902.
Sun. 5
Mon. | 6 24 H.R.H. Prince Alfred received by the Mikado of Japan, 1860. Chinese Court left Hsianfu-
on the way to Peking, 1901. Assassination of Mr. McKinley, President of the U.S.A.,
1901. Sir James Mackay’s Treaty with China signed, 199
Tues. 7 Attack on Dr. Greig, near Kirin, by soldiers, 1891."
Wed. 8 Great typhoon in Hongkong, 1867. H.I.H. Prince Tsai Hsun visits Hongkong, 1909.
Thurs. 9 Sir Hercules Robinson assumed the government of Hongkong, 1859. Floods near Swatow
rendering a million people destitute, 1911. Riots in Szechuan to protest against the use
of foreign capital for railway construction, 1911. Helei.a May Institute, Hongkong,.
Fri, 10 Riot by Chinese mob at Canton; great destruction of houses and property in Shameen,
1883. British gunboat “ Wasp" left Singapore for Hongkong and seen no more, 1887,
Death of Sir Claud MacDonald, former Minister at Peking and Tokio, 1915.
Satur. | 11 29 Public meeting of foreign residents at Yokohama to protest against proposed new Treaty
with Japan, 1890. Japanese flagship “Mikasa” foundered as the result of an explosion-
in Sasebo harbour, with a loss 599 men, 1905.
Sun. 12 Convention signed at Chefoo by Sir Thomas Wade and Li Hung-chang, 1876.
13 Public Meeting in Hongkong with reference to the blockade of the port by the Chinese-
Customs’ cruisers, 1874. Severe typhoon in Southern Japan, 1891. Funeral of Emperor
Mutsuhito, 1912.
14 Chinese transport “ Waylee” driven ashore on Pescadores, upwards of 370 lives lost, 1887.
Piugyang captured by the Japanese, 1894.
Wed. I New Convention between Germany and China ratified at Peking, 1881.
Thurs. i 16 The battle of the Yalu, in which the Chinese were defeated by the Japanese, losing five-
vessels, 1894.
Fri. | 17 Destruction by fire of the Temple of Heaven, Peking, 1889. Loss in Kii Channel, near
Kobe, of the Turkish frigate “ Ertogrul,” with 567 lives, 1890.
Satur. ! 18 Typhoon at Hongkong, the most disastrous in the Colony’s history', 1906.
Sun. 19 Allied Generalissimo reached Hongkong, 1900. Riots at Kumchuk, Kwangtung, 1900,
Farewell parade of Hongkong Police Reserve, formed during the war, 1919.
Mon. j 20 9
Tues. j 21 10 Count von Waldersee reached Shanghai, 1900. Sir Robert Hart died, 1911. Typhoon at-
Swatow, 1891.
Wed. I 22 Chinese Govt, signed a contract with Messrs. Samuel & Co., of London, for a loan of
810,000,000 for the development of Hankow, 1914. Appeal at Government House for
$1,500,000 to meet immediate needs of Hongkong University, 1919.
Thurs. 23 12 U. S. brig “ Lubra” taken by pirates, 1860. Terrific typhoon in Hongkong and Macao,
many thousands of lives lost, 1874. Hongkong Volunteer Reserve Association
inaugurated 1904. Prize Court in Hongkong condemned H.A.L. “Frisia” captured by
H.M.S. “Triumph”, 1914.
Fri. 24 13 H.M.S. “Rattler” lost off Japan, 1868. Piratical attack on theGerman barque “Apeurade,”
near Macao, 1869. The Satsuma rebels in Japan routed with great slaughter, their
leader, Saigo, killed, and the insurrection suppressed, 1877. Bomb thrown at Chinese
Commissioners when about to leave Peking for Europe, 1905.
Satur. 14 Arrival of Governor Sir Henry A. Blake in Hongkong, 1898. Jubilee of Dr. A. H. Graves,
missionary labours at Canton celebrated, 1906.
Sun. Lord Napier arrived at Macao dangerously ill, 1834.
Mon. Commissioner Lin degraded, 1840. Lord Kitchener in Hongkong, 1909.
Yellow River burst its banks in Honan; calamitous inundation, 1887. H.A.L. “ Lydia”
wrecked near Hainan Strait, 1910.
18 Hurricane at Manila, causing immense damage to shipping, 1865. S.S. “Charterhouse”
foundered in a typhoon off Hainan Head, 70 persons drowned, 1906.
Thurs. 30 19 All the Bogue forts destroyed by the Britishfleet, 1841. S. S. “Hsiesho” sank after striking:
amine in PechiliGulf, 1905,
THE CALENDAR FOR 1920 xvii-
OCTOBER—31 DAYS
HONGKONG TEMPERATURE
1918 1919
Maximum 81.6 78.5
Minimum 72.5 71.0
MOON’S PHASES Mean 76.4 74.2
d. h. ra.
Last Quarter 5 8 54 A.M. BAROMETER, 1919
New Moon 12 8 50 A.M. Mean 30.00
First Quarter 20 8 29 A.M. 1918 RAINFALL 1919
Full Moon 27 10 9 P.M. 0.050 inches 4.695 inches
THE CALENDAR FOR 1920
NOVEMBER—30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
...6h z8m. 5h. 46m. 1918 1919
15 th ...6h. 36m. 5h 40m. Maximum 72.7 72.7
Minimum ... 66.1 64.1
MOON’S PHASES Mean ... 69.2 68.1
d. h. m.
Last Quarter 3 3 35 BAROMETER, 1919
New Moon 11 0 5 Mean 30.10
First Quarter 19 4 13 1918 RAINFALL 1919
Full Moon 26 9 42 5.075 inches 2.885 inches
F REMARKABLE EVENTS
ALL SAINTS. The port of Quinhon, Annam, opened to foreign trade, 1876. Riotous dis-
turbances at Hongkong connected with the boycott of Japanese goods, 1908. All
Germans in Hongkong of Military age interned; others required to leave the
Colonv, 1914. Presidential mandate issued denouncing Sun Yat-sen, 1914.
Wreck of the U.S. cruiser “Charleston” off North Luzon.
Great Britain commenced the first war with China by the Naval action of Chuen-pee, 1839.
Hongkong^ Jockey Club formed, 1884. Pacific Mail S.S._ withdrawn owing to the La
Foiette'Seaman’s Act coming into force in the U.S.A., 1915.
Great fire at Macao, 500 houses burnt, 1834. Peking evacuated by the Allies, 1860
President Yuan Shih K ai proclaimed Kucmintang a seditious organisation and unseated
438 members of Parliament, 1913.
English and French Treaties promulgated in the “Peking Gazette,” 1860. Indo-China
str. “Tingaang” wrecked in Haitan Straits.
Sun Fall of Tsingtao to Anglo-Japanese force, 1914.
Mon. Death of Li Hung-chang, 1901.
Tuts. The French repulsed in Corea, 1866. Celebration of Queen Victoria’s Jubilee in Hongkong,
1887. Typhoon at Hongkong, 1900, H.M.S. “Sandpiper” and “ Canton City ” sunk.
Independence of Kwangtung province announced, 1911. Twelve people killed by a
bomb in Canton, 1914. German craiser “ Emden ” destroyed by H.M.A.S. “ Sydney ”
at Cocos Island, 1914.
Wed. Statue of Sir Arthur Kennedy unveiled in the Botanic Gardens, Hongkong, 1887. Assas-
sination of Admiral Tseng Ju-cheng at Shanghai, 1915. Coronation of Emperor
Yoshihito ol Japan, 1915.
Thurs. H.M.S. “Racehorse” wrecked off Chefooin 1864. Death of M. Paul Bert, Resident General
of Annam and Tonkin, 1886. New Chinese Tariff came into force, 1901. Disturbances
at Shanghai, following measures to prevent a plague epidemic, 1910.
Hongkong first lighted by gas, 1864. The Foreign Ministers had audience within the
Palace, Peking, 1894.
Earthquake at Shanghai, 1847. Macao Boundary Delimitation Conference at Hongkong
interrupted, 1909. _
Convention signed between Russia and China, 1860. Celebration of Shanghai Jubilee,
1893. Germans took possession of Kiaochau Bay, 1897. Death of the Chinese Emperor
Kwang Hsu, 1908. Armistice celebrations in Hongkong, 1918.
H. M. gunboat “Gnat” lost on the Palawan, 1868. Opening of Canton-Fatsha* Rail-
way, 1103. Death of the Chinese Empress Dowager Tze Au, 1908.
Shanghai opened to for eign commerce, 1843. Celebration of Shanghai Jubilee, 1893.
Great fire in Hongkong, 1867. First section Shanghai-Nanking railway to Naziang opened.
General strike of printers commenced in Hongkong, 1911.
Terrific gunpowder explosion at Amoy; upwards of 800 houses destroyed and several
hundred lives lost, 1887. Jesuit fathers expelled from Macao, 1910.
Portuguese Custom House at Macao closed, 1845. Lord Elgin died, 1863.
Port Arthur taken by the Japanese, 1894. Departure of Governor Sir Henry Blake from
Hongkong, 1903. Rebels repulsed at Hankow, 1911. . . , , ,
Terrible boiler explosion on board the str. “ Yesso” in H.K. harbour, 86 lives lost, 1817.
Resignation en bloc of unofficial members of Hongkong Licensing Board as a protest against
the action of the Executive in restoring the licences of the Peak and Grand Hotels, 1915.
Chinese commenced boycott of trams in Hongkong which lasted seven weeks, 1912.
Death of the Hon. Mr. E. A. Hewett, C.M.G,, member of the Executive and Legislative
Councils of Hongkong, 1915. . , ,0„,
Capture of Anping, Formosa, 1868. Treaty between Portugal and China signed, 1871,
Imperial Diet of Japan met for the first time, 1890. Terrible floods in Chihli; Hong-
kong voted $100,000 towards relief of distress, 1916.
Edict issued by the Viceroy' of Canton forbidding trade with British ships, 1839.
M. Thiers accepts the apology of Ch’ung How, the Chinese Ambassador, for the murder of
the French at Tientsin (June 2fct, 1870), 1871.
, Sun. Foreign factories burnt at Canton, 1856. Great fire in Hongkong, 1867. Blake Pier,
Hongkong, opened, 1900.
Opening of the Japanese Diet at Tokyo by the Emperor in person, 1890. Revolt of
troops at Macao, 1910,
ST. ANDREW’S DAY. ST. Joseph’s Church, Hongkong, consecrated, 1872. The Japanese
cruiser “ Chishima Kan” sunk in collision with the P. & O. steamer “Ravenna
in the Inland Sea, 61 lives lost, 1892. Armistice arranged between Chinese Revolu-
tionists and Imperialists, 1911.
THE CALENDAR FOR 1920 xix.
DECEMBER-31 DAYS
Suneise Sunset Hongkong Tempekature
1st 6h.
6h. 47m.
55m. 5h. 5h. 38m. 1918
15th
31st 7h. 03m. 5h. 49m.
41m. Maximum C8.9 1919 65.8
Minimum 62.4 57.1
Moon’s Phases Mean 65.2 61.0
d. h. m. Barometer, 1919
Last
New Quarter
Moon 103 06 294 Mean 30.19
First Quarter 2518 108 40 38 1918 Rainfall 1919
Full Moon 0.140 inches 0.725 inches
Days
Weekor Days
Monthof i 10Moons
& 111 Chronology of Remarkable Events
Wed. Queen Alexandra born, 1844.
Fri. 3 24 S. Francis Xavier died on Sanchoan, 1552.
Satur. 25 First census of Hongkong taken, population 15,000, 1841.
Sun. SixGeneral
foreigners killed1863.at Wang-chuh-ki, 1847. Soochow re-taken by the Imperialists under
Mon. heard of Gordon,
again, 1886. The Japanese Yrarsbip “Unebi-kan” left Singapore and not
Tues. 28 European factories at Canton destroyed by a mob, 1842.
Wed. 29
Thurs. 30 Ningpo Peking, captured
1888. 1913. by the attack
Piratical Taipings,on Portuguese
1861. Consecration of newnearPei-tang
str. American, Macao, theCathedral,
captain
being killed,
Fri. 10 1 Piracy Captainon board the Douglas str. “ Namoa,” five hours after leaving Hongkong.
Arrival inPocock
Hongkongandofthree others William
GovernorSir murderedRobinson,
and several
1891. seriously
Confuciuswounded,
died, B.C.1890.
400.
Satur. Indemnity
Osaka, paid by Prince of Satsuma, 1863. Admiral Bell, U.S.N., drowned at
1867.
Sun. Imperial Decree
audienceflagevery stating
Newdown that
Year,from1890. the Consulate at Canton by Chinese, 1832. Firstin
the Foreign Ministers at Peking are to be received
French
Reception hauled
of foreign ladies by theDragon
EmpressThrone
Dowager of China,
Shih-kai
provincialinvited
delegatesto atascend Peking,the1915. of China by a1898. President
unanimous vote ofYuan
the
Wed.' AllCourt
Romancondemned
Catholic Priests (not Portuguese) expelled from Macao, 1838.
German steamer “ Tannenfels,” seized as a Prize by the destroyer Hongkong Prize
“ Chelmer,”
Memorial Stone1914.
of New Harbour of Refuge at Mongkoktsui laid by the H. E. Governor,
1915. States
United District Court for China openedH.E.at Shanghai, 1906. inspects
Sir W. Des Voeux,
formerly
Defence Governor
Corps onanditsofthelast
Hongkong, died,
1919. 1909.
parade,Expedition Coastal Sir R.strike
shipping Stubbsat Hongkong,Hongkong
1919.
Satur.
Sun. Sir Hugh Gough Eastern left China, 1842.
1011 Arrival of Princes Albert Victor and George of Wales at Hongkong in the “ Bacchante,”
1881. Two
Tuannavigation cotton
Fane murdered, mills destroyed
1911. 1736. by fire at Osaka, 120 persons burnt to death, 1893.
2122 Steam first attempted,
Thurs. | 23 worth of forged C of Heave , —
Fri. 24 15 British performed the Worship
Consulate at Shanghai destroyed by fire, 1870.
Satur. , 25 16 of property, 1878. fire in Hongkong, 36 ! houses destroyed, immense destruction
Christmas Day. Great
Sun. 17 Bank Holiday.
lives lost, 1897. St. Stephen. Great fire at Tokyo, 11,000 houses destroyed, 26
Mon.
Tues 27
28 Dedication of Hongkong Masonic
Canton bombarded by Allied forces of Great Hall, 1865. Britain and France, 1857.
Wed.
Thurs. .! 2930
31 Dr. Sun Yat Sen elected Provisional President of the Republic of China, 1911.
XX PETROLEUM REFINERS
SHELL MOTOR SPIRIT fob MOTOR CARS
POWER IN MOTORSPIWTfor MOTORTRUCKS
KEROSENE ran ALL PURPOSES
LIQUID FUEL for HEAVY OIL ENGINES
CANDLES, LUDRICftTINQ OILS
PARAFFIN WAX
OBTAINABLE EVERYWHERE
SUPPLIES OF LIQUID FUEL ARE AVAILABLE AT THE FOLLOWING PORTS:
Adelaide
Alexandria Penang
Portland Seattle,
ton, Washing-
U.S.A.
Balik-Pappan
Bangkok Madras
Marairabo Oregon,
Port Said U.S.A. Shanghai
Singapore
Batavia
Bombay Melbourne
Montreal Puerto Cabello Soerabaya
Suez
Calcutta Nagasaki Puloe Sainboe
Rotterdam Sydney
Cape Town
Colombo New Orleans
Palembang Sabang Tarakan
Curacao Panama Canal Saitozaki
ends) San Thameshaven
Hongkong Pangkalan(bothBerandan San Francisco
Pedro Trinidad
Vancouver
To Ensure Supplies Adequate Notice Should be Given.
ASIATIC PETROLEUM CO.
CHINA, STRAITS, SIAM, INDIA
PHILIPPINES
RISING SUN PETROLEUM GO.
JAPAN AND FORMOSA
BANKS
Hongkong and Shanghai Banking Corporation.
PAID-UP
EE SERVE CAPITAL...
FUNDS:- $15,000,000
STEELING £1,500,000
$21,000,000
EESEEVE LIABILITY OF PROPEIETORS 15,000,000-
COURT OF DIRECTORS:
CHAIRMAN—J. A. PLUMMER, Esq.
DEPUTY CHAIRMAN—Hon. Mb. E. V. D. PARR
J. W.A. C.H. BONNAR,
COMPTON, Esq. I P. H.Hon.
HOLYOAK Esq.
Hon. Mr C.S. S.H.Esq.
DODWELLEsq. |
GUBBAY, W.Mb.L.J.Ross
JOHNSTONE
PATTEN DEN, Esq,Esq..
THOMSON,
BRANCHES, AGENCIES AND SUB--AGENCIES:
AMOY
BANGKOK IPOH PENANG
RANGOON
BATAVIA JCHORE
KOBE SAIGON
BOMBAY
CALC U T I'A KUALA LUMPUR
LONDON SAN FRANCISCO
SHANGHAI
COLOMBO
CANTON LYONS
MALACCA Do. (HONGKEW>
SINGAPORE
FOOCHOW
HANKOW MANILA
NAGASAKI SOURABAYA
TIENTSIN
HARBIN
HONGKONG NEW YORK
PEKING TSINGTAU
VLADIVOSTOCK
ILOILO YOKOHAMA
CHIEF MANAGER :
Hongkong—IN. J. STABB.
MANAGER:
Sliangliai—A. G. STEPHEN.
LONDON OFFICE-9, GKACECHURCH STREET.
LONDON BANKERS-LONDON COUNTY & WESTMINSTER BANK, LDv
liorvoKors o.
Inieresi Allowed
On Current Deposit Accounts at the rate of 2 per cent, per annum on
the daily balance.
On Fixed Deposits:—
For 3 months, 3i
2| per cent, per annum
LOCAL BILLS DISCOUNTED.
Credits granted on approved Securities, and every description of Banking and
Exchange business transacted.
Drafts granted on London and the chief commercial places in Europe, India,
Australia, America, China, and Japan.
N. J. STABB,
Hongkong, January, 1920. Chief Manager.
-xxii BANKS
Chartered Bank of India, Australia and China
Head Office: —38, BISHOPSGATE, LONDON.
INCORPORATED BY ROYAL CHARTER.
PAID-UP CAPITAL, in 90,000 Shares of £20 each £1,800,000
RESERVE FUND £2,700,000
Court of Directors
Sir MONTAGU CORNISH TURNER, Chairman. Wm. H. NEVILLE GOSCHEN, Esq.
Rt. Hon. Lord G. HAMILTON, g.c.s.i.
Sir DUNCAN CARMICHAEL Wm. FOOT MITCHELL, Esq.
THOMAS CUTHBERTSON, Esq. LEWIS A. WALLACE, Esq.
Sir ALFRED DENT, k.c.m.g. :o:—
managers
T. H. WHITEHEAD | W. E. PRESTON
Sub=n?anager
J. S. BRUCE
Auditors
D. C. WILSON, f.c.a. f H. C. K. STILEMAN, f.c.a.
The Bank of England Bankers
The London Joint City and Midland Bank, Limited
The London County Westminster & Parr’s Bank, Limited
The National Bank of Scotland, Limited
The National Provincial and Union Bank of England, Limited
Agencies and Branches
Amritsar Iloilo Puket
Bangkok Ipoh Rangoon
Batavia Karachi Saigon
Bombay Klang Seremban
Calcutta Kobe Shanghai
Oanton Kuala Lumpur Singapore
Cebu Madras Sourabaya
Colombo Manila Taiping
Delhi Medan Tavoy
Haiphong New York
Hankow Peking Tientsin
Hongkong Penang Yokohama
:o
Correspondents in the Chief Commercial places in
Europe, Asia, Africa, Australia and America.
Queen’s Road, Hongkong, 1st Jan., 1920. J. L. CROCKATT, Manager, Hongkong.
BANKS xxiii
THE
Mercantile rank
OF jNDIA, T IMITED.
Authorised Capital ^£1,500,000
Subscribed .£1,500,000
Paid-up .£750,000
Reserve Fund .£785,700
HEAD OFFICE: 15, GRACECHURCH ST., LONDON, E.C.
BANKEKS
Bank of England
AND THE
London Joint City and Midland Bank, Ltd.
BRANCHES
Calcutta, Howrah, Bombay, Karachi, Madras,
Rangoon, Colombo, Kandy, Galle,
Port Louis (Mauritius), Singapore, Penang, Kuala-
Lumpur, Kota-Bharu, and Shanghai.
INTEREST allowed on Current Accounts at the rate of two
per cent, per annum on the daily balance.
The Bank receives Current and Fixed Deposits on terms which
may be learned on application.
Telegraphic Address: “PARADISE.”
C, L. SANDES
Hongkong, ist January, 1920. Acting Manager.
.Xxi' BAXlvS
ESTABLISHED 1880. ESTABLISHED 1880.
CAPITAL SUBSCRIBED Yen 48,000,000.00
CAPITAL PAID UP „ 42,000,000.00
RESERVE FUND - „ 24,300,000.00
President:—JUNNOSUKE INOUYE, Esq.
Vice-PresidentNAKAJI KAJIVVARA, Esq.
Directors:—
J. INOUYE, Esq. N. KAJIWARA, Esq.
N. SOMA, Esq. Y.M. YAMAKAWA,
ODAGIRI, Esq.Esq.
K. SONODA, Esq. Baron K: IWASAKI
R. KIMURA, Esq. K. TATSUMI, Esq.
R. KARA, Esq. S. K. SUZUKI, Esq.
General Manager—S. K. SUZUKI, Esq.
HEAD OFFICE: YOKOHAMA
Manager—T. HODSUMI, Esq.
Branches and Agencies
BATAVIA HONGKONG NEWCHWANG SINGAPORE
BAMBAY HONOLULU NEW YORK SOERABAYA
BUENOS
CALCUTTA AIRES KATYUEN
KOBE OSAKA
PEKING SYNDEY
TIENTSIN
CHANGCHUN LONDON RANGOON TOKYO
DAIREN (Dalny)
FENGTIEN (Mukden) LYONS LOS ANGELES SAN FRANCISCO
SEATTLE TSINAN
TSINGTAU
HARBIN MANILA SHANGHAI
HANKOW NAGASAKI SHIMONOSEKI
Correspondents at all the Chief Cities in the World.
The Bank buys and receives for collection Bills of Exchange, issues Drafts and
Telegraphic Transfers and Letters of Credit on above places and elsewhere,
and transacts General Banking Business.
Deposits received for fixed periods at rates to be obtained on application.
SHIMAKICHI SUZUKI,
General Manager.
BANKS XXV
ft si m s
BANK OF TAIWAN, LD.
(TAIWAN GINKO).
Incorporated by Special Imperial Charter, 1899.
CAPITAL SUBSCRIBED Yen 60,000,000
CAPITAL PAID-UP ,, 37,500,000
RESERVE FUND „ 6,530,000
HEAD OFFICE:
TAIPEH, FORMOSA.
BRANCHES:
JAPAN—KOBE, OSAKA, TOKYO, YOKOHAMA, MOJI.
FORMOSA—AKOH, GIRAN, KAGI, KARENKOH, KEELUNG,
MAKUNG, PINAN, SHINCHIKU, TAICHU, TAINAN,
TAKOW, TAMSUI, TOHYEN, NANTO.
CHINA—AMOY, CANTON, FOOCHOW, HANKOW, KIU-
KIANG, SHANGHAI, SWATOW.
OTHERS—HONGKONG, LONDON, NEW YORK,
SINGAPORE, SOERABAIA, SAMARANG, BOMBAY,
BATAVIA, BANGKOK.
LONDON BANKERS:
Capital and Counties Bank, London and South-Western Bank,
Parr’s Bank.
The Bank has Correspondents in the Commercial centres of
Russia, Manchuria, Indo-China, India, Philippine Islands, Java,
Australia, America, South Africa and elsewhere.
HONGKONG OFFICE:
Prince’s Building, 3, Des Voeux Road.
xxvi BANKS
THE SUMITOMO BANK, LTD.
OSAKA, JAPAN.
Cable Address: “ SUMITBANK.”
Established March, 1912.
(Successors to the Sumitomo Bank)
Subscribed Capital - - - -Yen 30,000,000.00
Paid-up Capital „ 26,250,000.00
Reserve Fund - - - - „ 4,500,000 00
DIRECTORS :
Baron K. Sumitomo President.
K. Yukawa, Esq Managing Director.
T. Kanoh, Esq. Managing Director.
S. Yoshida, Esq Managing Director.
N. Yatsushiro Esq Managing Director.
Head Office
KITAHAMA, OSAKA.
City Offices:—
Semba, Bingomachi, Kawaguchi, Nakanoshima and Dotombori.
Home Branches:—
Tokyo, Yokohama, Nagoya, Kyoto, Kobe, Onomichi, Kure, Hiroshima,
Yanai, Shimonoseki, Moji, Wakamatsu, Hakata, Kurume, Etc.
Foreign Branches
Shanghai, Hankow, Bombay, London, New York, San Francisco andJSeattle,
Agents:—
Lloyds Bank, Limited, London. National City Bank of New York, New]York.
The Sumitomo Bank of Hawaii, Honolulu.
Correspondents :—
In all important places at home and abroad.
The Bank buys, sells and receives for collection Drafts and Telegraphic Transfers,
issues Commercial and Travellers’ Letters of Credit available in
mportant parts of the World, besides doing General Banking Business.
BANKS AND INSURANCES xxvii
HONGKONG SAVINGS BANK.
The Business of the ab >ve B^nk is concluded by the
HONGKONG AND SHANGHAI BANKING CORPORATION
Buies may be obtained on application.
INTEREST on deposits is allowed at 3A Per Cent, per annum
on the minimum monthly balances.
Depositors may transfer at their option balances of $100 or more to the Hongkong
and Shanghai Bank, to be placed on FIXED DEPOSIT at 4 Per Cent.
per annum.
For the Hongkong and Shanghai Banking Corporation,
N. J. STABB,
Hongkong, January, 1920. Chief Manager.
and marine Insurance
THE UNITED:
Netherlands Lloyd of Amsterdam, Established 1853.
East-India Sea and Fire Insurance Co. of Amsterdam, Established 1832.
Batavia Sea and Fire Insurance Co. of Batavia, Established 1843.
Java Sea and Fire Insurance Co. of Batavia, Established 1861.
Insurance Company M Ardjoeno," Established 1886.
Insurance Company "Veritas,” Established 1878.
WORKING ON JOINT ACCOUNT
are prepared to issue Fire, Marine & Motorcar policies at current rates. Policies can be
made payable at the Companies’ Branches or Agencies throughout the world.
Claims payable without reference to Head Office.
Subscribed Capital ad. FI. 11,200,000.00
Reserve Funds ad. ,> 2,317,311.62
Premium Reserved ad. „ 2,161,621.22
SLUYTERS & Co. - - - Insurance Agents.
BANKERS FOR CHINA:
Hongkong and Shanghai Banking Corporation.
Netherlands Trading Society.
TIENTSIN BRANCH OFFICE: SHANGHAI BRANCH OFFICE:
No. 11, Rue de France. 3, Ezra Road.
xxviii SHIPPING
P. & 0., B. I., APCAR
AND
EASTERN & AUSTRALIAN LINES
Companies incorporated in England.
*** (
MAIL and PASSENGER SERVICES
(Under Contract with H.M. Government)
TO
Shanghai, Japan, Straits, Java, Burma, Ceylon,
India, Persian Gulf, West Indies, Mauritius,
East and South Africa, Australia, New
Zealand, Egypt, Europe, etc.
For full Information, Passage Fares, Freight, Handbooks,
Dates of Sailing, etc., apply to
MACKINNON, MACKENZIE & CO.,
Telephone N'.. 1 >. Agents.
SHIPPING xxix
INDO-CM STEM NMISHIION Co., Ltd.
The Company s Ocean and Coasting Fleet:
Steamer” Tons
““ Namsang 4034 Steamer ” Tons Steamer Tons YuSteamer
sang ” Tons
I.aisang
Kumsang” ”•’ 3236
““ Fookgang 3459 ““rhaksang”
Kwaisang
““Choysang”
Kwongsang ” 2284 2358 ““Hopsang”
2320 “ Koonshing
Hangsang ”” 2143 2148 ““Esang”
2130 “Wosang”
1844
1783
1783
“Hinsang” 3100
2929. “ Fooshing ” 2284
2284 “ Cheongshmg
“Chipshing” ” 1989
1984 “Loongsang"
“Yuensang” 1‘38
1723
““ Wingsang” 2339
Taisang ” 2326 ““ Fausang “Yatshing” 2283 “ Kingsing ” 1988 “Taksang” 1562
Chunsang” ” 2251 2217 ““ Waishing
Tungshing” ” 1865 1868 “ Loksang ” 1559
The Company’s Yangtsze River Fleet
S. S. “ Loongwo S. S. “ Tuckwo ” 3770 S. S. “Changwo” 1065
S. S. “ Kutwo ” 3924 2665 S. S. “ Kiangwo ” 2174 S. S. “Tungwo” 1350
S. S. “ Suiwo ” 2672
CALCUTTA LINE:—Sailings approximately every ten days from Hongkong to Calcutta via Singapore and Penang.
Returning
Shanghai from Calcutta steamers proceed via Straits and Hongkong to Japan, occasionally calling at
All steamers have
fully qualified Surgeon. excellent passenger accommodation, are fitted with Electric Light and Fans, and carry a
SHANGHAIcatling LINE:—Sailings
at Swatow. approximately every fivelimited
days between
amountCanton, Hongkong and Shanghai, sometimes
tickets obtained forPorts.Northern and YangtszeaPorts
NortherncanandbeYangtsze
Steamers on this line have via Shanghai. of Through
passenger accommodation,
Bills of Lading areand
issuedthrough
to ail
MANILA LINE:—a weekly service
from both ports every Friday. is maintained with Manila by vessels with good passenger accommodation; sailings
HAIPHONGoffers. LINE:—Sailings approximately weekly for passengers and cargo, calling at Hoihow when inducement
BORNEO LINE:—One
accommodation sailing per month between Hongkong and Sandakan by a steamer haying up-to-date
for passengers.
Cargo taken on through Bills of Lading for Kudat, Jesselton, Labuan, Tawao and Lahad Datu.
TIENTSIN LINE:—A
■Weihaiwei regular service is run between Hongkong and Tientsin from March to October, calling at
and Chefoo.
YANCTSZE LINE :—steamers leave Shanghai three times a week for Chinkiang, Nanking,'Wuhu, Kiuktang and
Changsha and Siangtan.at the last-mentioned port with steamers leaving weekly for Yochow, Shasi, Ichang,
Hankow, connecting
Light These steamers have excellent first-class passenger accommodation and are fitted throughout with Electric
and Fans.
Roundrates.
at reduced trip tickets are issued from Shanghai to Hankow and from Tientsin to Shanghai, and vice versa,
Jardine, General
Matheson Managers
& Co., at
Limited Hongkong
n
XXX SHIPPING
Douglas Steamship Companp, £
HONGKONG AND SOUTH CHINA COAST PORT SERVICE.
Regular Service of Fast, High-Class Coast Steamers having good
accommodation for First-Class Passengers, Electric Light
and Fans in Staterooms. / rrivals and Departures from
the Company's Wharf (near Blake Pier).
Sailing to Swatow, Amoy and Foochow on Tuesdays and Fridays.
Round trip to Foochow, calling at Swatow and Amoy,
occupies about nine days. Stay of Steamers at Swatow
and Amoy on upward and downward trip about 8 hours,
Stay at Foochow 48 hours.
FLEET OF STEAMERS:—
“HAIYANG” ... Tons 2,289
“ HAICHING ” ... „ 2,080
“ HAIHOMG” ... „ 2,026
“ HAITAN ” ... „ 1,856
For Freight and Passage apply to:—
DOUGLAS LAPRAIK & Co.,
General Managers,
20, Des Voeux Road Central, Hongkong.
Agents at Coast Ports:—
At Amoy—Messrs. DOUGLAS LAPRAIK & Co.
At Swatow and Foochow—Messrs. JARDINE, MATHES0N & Co., Ltd.
SHIPPING xxxi
Toyo Kisen Kaisha
(Oriental Steamship Co.)
imperial Japanese TTrans^paclftc /iliail Xines
sm F^A^GISC® LINE:
Mu, Ti-iph Screw Turline Steamers, 22,000 Tons and 21 Knots Speed
“TENYO MARU” “SHINYO MARU”
Twin Screw “SIBERIA MARU” and “KOREA MARU”
20,000 Tons, 18 Knots.
The Twin Screw “NIPPON MARU” 11,000 Tons, 18 Knots, and
“ PERSIA MARU ” 9,000 Tons, 17 Knots.
From Hongkong via Shanghai, Japan Ports and Honolulu.
On the Outward loyage from San Francisco the large steamers call at Manila.
SOUTH MEHSCA LINE:
From Hongkong via Japan Ports, Honoluiu, HsSo, San Francisco,
Los Angeles, Mexico, Panama, Peru and Chili to Valparaiso
“KIYO MARU” “ANYO MARU” “SEIYO MARU”
17,200 Tons 18,500 Tons 14,000 Tons
All Steamers are Fitted with Wireless Telegraphy and Telephones.
HEAD OFFICE —Yokohama, Japan.
Uaetm: —
HONGKONG
SHANGHAIMr. Mr.T.T. N.Daigo.
Alexander. YOKOHAMA GeneralTraffic Dept.
MANILAMr. C. LacyRinger
Goodrich. T.K.K.
NAGASAKIHolme, & Co. SINGAPORE McAlister & Co., Ltd.
KOBE :—Mr. Y. Shim ada.
And at all the Important Cities of the World.
XXX11 SHIPPING
GABLE ADDRESS: A! & A. B.. 5th Edition,
“SHOSEN” OSAKA, Scott’s 10th Edition (1908)
Bentley’s Complete Phrase Code
AND ALL BRANCHES. Codes Used.
Osaka Shosen Kaisha
vC3AXA MERCANTILE S. S, Co., Ltd.)
Capital ...Yen 50,000,000
Debentures 3,500,000
Fleet 166 Steamers ... 387,000 Tons
HEAD OFFICE: OSAKA, JAPAN
Hongkong Office: No. 1, Queen’s Buildings.
Telephone No. 744, 745.
BRANCHES:—Osaka,
hama, Takamatsu, Tokyo,Beppu,
Yokohama, Kobe, Nawa,
Kagoshima, Moji, Shimonoseki, Nagasaki,
Keelung,Dairen,
Taipeh, Kochi,Anping,
Tamsui, Taka-
Takao,
Foochow, Pescadores,
Amoy, Pusan, Mokpo,
Hongkong, Chemulpo,
Singapore, Bombay,Ohinnampo,
Canton, Tacoma, Tientsin,
New York,Shanghai,
Chicago,
TJ. S. A.
AGENCIES:—Shimizu,
Wonsan, Seishin, Nagoya-, Yokkichi, Hakodate, Otaru,
Port Niigata, Tsuruga,Newchwang,
Masampo,
Tsingtau,
Saigon, Swatow,Kunsampo,
Haiphong, Colombo,
Hoihow,
Vladivostock,
Victoria,
Antung,
Port Swettenham,
Vancouver,Penang, Arthur,
Calcutta,
Seattle, San
Chefoo,
Sandakan,Honolulu,
Francisco, Manila,
London,
Melbourne, Macassar,
Adelaide,Soerahaya,
Port Pirie, Samarang,
Perth, Batavia,Dunedin,
Auckland, Townsville,
Rio Brisbane,
de Janeiro, Sydney,
Santos,
Buenos
pal portsAires,
and Cape Town,cities
important Durban, Port Said,
at Home and Marseilles,
abroad. Londoj, and all other princi-
NORTH EUROPEAN
SOUTH AMERICAN LINE—Monthly.
LINE—Quarterly.
PUOETORLEANS
NEW SOUND LINE
LINE.—Fortnightly, in connection at Tacoma with the Chicago, Milwaukee and St. Paul Railway..
JAVA LINE—Monthly.
BOMBAY LINE—Fortnightly.LINE—Weekly, in connection with I. J. Railways and Trans-Siberian Railway.
TSURUGA-VLADIVOSTOOK
OTARU-VLADIVOSTOCK LINE—About three times
OSAKA-KOREA-VLADIVOSTOCK
OSAKA-DAIREN LINE—Three timesa with
month.
a month.
Railway. LINE—Twice
NAGASAKI-DAIREN LINE—Via
a week,
Korean
in connection
Ports, Weekly.
I. J. Government Railways and South Manchurian
YOKOHAMA-DAIREN
KOBE-KEELUNG LINE-Three
LINE—Weekly, in times a month.
connection with I. J. Government Railways and Imperial Formosan-
Government Railways.
YOKOHAMA-TAKOW LINE—About eight atimes a month.
FORMOSA COASTING
KEELUNG-HONGKONG LINE—Nine
LINE-Weekly. times month.
TAKOW-CANTON
TAKOW-TIENTSIN LINE—Fortnightly.
LINE—Weekly. in connection with I. J. Government Railways.
OSAKA-TIENTSIN
OSAKA-T3INGTAO LINE—Weekly)
LINE—Weekly.
OSAKA-KOREAN LINES—Calling all pjrts. About twenty times a month.
AUSTRALIANJAVA-BANGKOK
LINE—Monthly.
SINGAPORE
SINGAPORE LINE.—Weekly.
STRAITS SETTLEMENTS INLANDLINE.—Weekly
JAVA-OALOUTTA LINE.—Weekly.
JAPAN COASTING & INLAND SEA SERVICES—Steamers are despatched DAILY. The O. S. K. Inland!
Sea Service is ideal for sight-seeing on the littorals, as steamers run to all points.
SHIPPING xjtxiii
! <&
Dairen Risen Kaisha.
(Cable Address “ DAIKI ” )
President T. TSUKAMOTO
Director and General Manager...E. KOREMATSU
HEAD OFFICE:—Dairen, Manchuria.
SRANCHESTientsin, Antung-, Tsingtao and Kobe.
AGENCIES:—Shanghai, Hongkong, Chefoo, Lungkou, Pitsuwo and Port
Arthur.
fO. ?//*./.VILS FLEET:
Steamer Tons Steamer Tons
“RYUSHO MARU” ... 2,880 “ SAITSU MARU” 1,138
“TAISHO MARU” ... 2,579 “ YEKISHIN MARU ” 993
“KOJUN MARU” 2,200 “ RYOHEI MARU ” ... 757
“CHOJUN MARU” ... 2,213 “ RISAI MARU” ... 366
“HAKUSHIN MARU” 1,535 “ BENTEN MARU ” ... 200
“ISSHIN MARU” ... 1,486 “ KA1SHU MARU ” 200
“ TENCHO MARU” ... 1,300
REGULAR SERVICES:
DAIREJV-ANTUNG-TIENTSIN LINE ... Six times a month
DAIREN-TSINGTAO LINE „
DAIREN-LUNGKOU LINE „ „ „
DAIREN-PITSUWO LINE Ten „
TSINGTAO-SHANGHAI LINE Four „
DAIREN-HONGKONG LINE Monthly
The passengers between Japan and Tientsin can regularly
connect at Dairen with the steamers of Osaka Shosen Kaisha's
Osaka^Dairen Line.
xxxiv CEMENT MANUFACTURERS
mo-cm POBTUD CEMENT CO., ltd.
Telegraphic
Telephone: Address:
No. 266. “CIPORTIN
HAIPHONG.”
CODE CODE
English : French :
A.B.C. Code A. Z. Code
5th EDITION. 3rd EDITION.
General Agents:
COCHIN-CHINA, CAMBODGE and LAOS: DESCOURS & CABAUD.
Shanghai, Hongkong:
Hankow, A. L. ALVES & Co.
Tientsin :
RACINE & Co. Singapore:
DUPIRE
Philippine BROTHERS.
Islands:
SMITH, BELL & Netherlands
Go., Ltd. India:
HANDELS-
Bangkok VEREENIGING
MONOD & Co. “ROTTERDAM.”
USE DRAGON BRAND
FOR HIGH-CLASS, SOLID AND ENDURING CONSTRUCTION
BOOKSELLERS AND PUBLISHERS XXXV
MAMZEN 60.
11-16, Nihonbashi Tori Sanchome, T6K¥@.
TELEPHONES:-Nos. 28 (Special), 17, 208, 876, 1,033, 1,039, 3,332,
4,229, 4,323, 4,345, 4,908, and 5,090, HONKYOKU.
BRANCHES. Publishers, Booksellers, Stationers,
Dry-Goods and Outfitters.
OSAKA—
Shinsaibashi- The Largest and Oldest Publi-
suji. shers and Importers of Foreign
Bakuromachi, Books in the East.
Shichome. The Largest and Oldest Importers
KYOTO— of Foreign Stationery, Dry-
Goods, etc., in the East.
Sanjodori, The Largest Ink Manufacturers
Fuyacho-Nishi- in the East.
e-iru. Agents for the Far East of Lead-
FUKUOKA— ing Publishers, Stationers, etc.,
Hakata, throughout the World.
Kami-Nishi-
machi. All Books supplied in any Language, no
SENDAI— matter on what subject.
Kokubun- Write us, we can get you any book pub-'
machi. lished in the world.
xxxvi MERCHANTS
Arculli Brothers,
MERCHANTS and COMMISSION AGENTS,
64, QUEEN’S ROAD CENTRAL, HONGKONG.
Telegraphic Address: “CURLY.” Telephone No. 409.
SOLE AGrSHTS FOB:-
SEAMING TWINES of Messrs. Linificio and Canapificio
Nazionale of Milan, Italy.
“ACORN BRAND” ELASTIC ROOT WEB and BOOT
LOOPING of Messrs. Flint, Pettit & Flint, of
Leicester, England.
John D. Hutchison & Co.
]\1 K K OI I /V TV S :
IMPORT AND EXPORT,
King's Buildings, Connaught Road Central.
Telephone No. 63. Tel. Ad: “ SPERO,” Hongkong.
AGENCIES:—
Patriotic Assurance Co. Bowring Petroleum Co.,
Muller, Maclean & Co., Ltd.
Quaker Oats Co.
New York. Roneo, Ltd.
Colgate & Co., Perfumers. Oliver Typewriter Co.,
Ltd.
Belfast Ropeworks Co., J. & J. Colman, Ltd., Lon-
Ltd., Ireland. don and Norwich.
The Straits & China Tex-
Nicholson File Co., Provi- tile Co., Ltd.
dence, R.I. Etc., Etc.
IMPORTERS AND EXPORTERS xxx vii
THE
EKMAN
FOREIGN AGENCIES, Limited,
6, KIANGSE ROAD, SHANGHAI.
IMPORTERS AND EXPORTERS,
SHIPPING AGENTS.
SPECIALITYPaper of AH Kinds,
Pulp and Paper Mill Supplies.
AGENTS:
THE SWEDISH ASIATIC Co., Ld.,of GOTHENBURG,
Regular Fortnightly Steamship Service
between Sweden and China/Japan.
AT GOTHENBURG (SWEDEN):
Messrs. EKMAN & Co., Estd. 1803.
xxxviii IMPOKTERS AND EXPORTERS
C. ABDOOLA & CO..
IMPORTERS, EXPORTERS AND AGENTS,
Japan Agents:
Imperial Flour and Oil Mills, Limited,
28, Sannomiya Ichome, KOBE, JAPAN.
P. O. Box No. 171. Telegrams: ABDOOLA.
Telephones: Sannomiya 705, 760 & 895.
Import of everything from Raw Cotton.
Export of all the commodities carried
under five departments.
BEST REFERENCES.
CORRESPONDENCE SOLICITED.
IMPORTERS AND EXPORTERS XXXIX
Socielc maritime et Commerciale
m pacifique.
CdPlTflLFes. 12,000,000.
HEAD OFFICE AT PARIS.
Importers, Exporters and
Shipowners.
Tel. Add.: GALLUSSER, SAIGON.
DE SOUvS A (SL Co.,
GENERAL MERCHANTS,
No. 29, DES YCEUX ROAD CENTRAL, HONGKONG.
9a, KIANGSE ROAD, SHANGHAI.
EXPORTERS OF CHINA PRODUCE AND MANUFACTURED GOODS.
IMPORTERS OF ALL CLASSES OF EUROPEAN, AMERICAN AND AUSTRALIAN PRODUCTS,
AND WINES AND SPIRITS.
YAMASHiTA KISEN KAiSHA
INCORPORATED IN JAPAN
(THE YAMSAHITA STEAMSHIP CO., LTD.)
Steamship Owners, Brokers for the Sale, Purchase, Construction
and Chartering of Steamers. Marine Insurance Brokers, etc.
Coalmine Owners, also Bunkers, Coal Contractors.
Head Office:—KOBE. Best Japanese Coal always in stock.
Branch SYDNEY,
Office:—TOKIO, SINGAPORE
Agents —LONDON,
and MOJI.NEW YORK, SEATTLE, SAN FRANCISCO, SHANGHAI, TAKAO,& TAIHOKU.
KEELING
For particulars please apply to :—
Tel. 140 & 155. M. KOBAYASHI, Af/ent Top Floor, King’s Building, Hongkong.
•xl COAL MERCHANTS
K A I P I N O C O A I. S
THE KAIIAN MIMAti AhMIMSTKATIOA.
Head Office :—T3entsin, Nopth China.
AGENCIES:
SHANGHAI No,Regine
1, Jinkee Road. I WEI-HAI-WEI
PEKING
HONGKONG Messrs. Dodweil Buildings.
&. o., Ld. i GHEFOO
DAIREN &• MANCHURIA- TaiMr.&. C°-
Messrs. YeeMessrs. W. E. Southcott.
TheCo.,South
CANTON Messrs. Dodwell & Co., Ld. SAIGON Manchurian Railway Dairen.
FOOCHOW Messrs. Dodwell & Co., Ld. , JAVA Messrs. Mitsui
Messrs. Mitsui Bussan
Bussan Kaisha.
Kaisha.
AMOY
HANKOWMessrs.
(Coal &.I heCoke) Messrs. Boyd &. Co.
.... Goshi Kwaisha. i SINGAPORE & STRAITS SETTLEMENTS • • Kaisha.
Mitsubishi Messrs. Mitsui Bussan
HANKOW (Bricks&.Tiles) ... Ramsay & Co. JAPAN
Messrs. KOREA J( Messrs.
Tokyo, Shosho
Kobe, Yoko, Ld.,
Seoul, etc.
TSINGTAU Messrs. Mitsui Bussan Kaisha. PHILIPPINE ISLANDS .Messrs.The mercialPacific Com-
Co., Manila.
LONDON OFFICE:—Messrs. The Chinese Engineering & Mining Co., Ld., 22, Austin Friars, E.C.2.
BRUSSELS OFFICE:—Messrs. The Chinese Engineering & Mining Co., Ld., 13, Rue Brederode.
The Administration’s Collieries are situated in the Kaiping District of the Province
of Chihli and have at present an annual output of four and a half to five million tons
•of bituminous coal.
The principal port of shipment is Chimvangtao on the Gulf of Chihli, which is
open all the year round and which affords special facilities to ensure rapid loading.
Coal is also shipped from the Administration’s wharves at Tongku.
The Administration controls a fleet of steamers, maintaining a regular service
between Chinwangtao and Shanghai/Hongkong, as well as with various smaller ports.
The Administration’s Coal and Coke is in general use throughout China, Korea,
Japan, the Philippine Islands, etc., etc., for all industrial, steam-raising and domestic
purposes.
The following are the principal grades :—
Loco Lump is a good quality steam coal in use throughout the Far East as
a bunker coal.
Slack Coal is sold in three grades—Five Seam Slack, No. x Slack and No. 2 Slack.
Run-of-Mine Coal, or a mixture of Lump and Slack coal, is in general use as
a locomotive fuel and makes an excellent bunker coal.
Linsi Lump is a good quality coal for household purposes.
Coke hard,
manufactured
heavy and byfreethefromAdministration
sulphur. is of first-class quality, close grained,
Firebricks Marked K. M. A., formerly the well-known C.E.M.C.L. brand, are made
in any size and shape at the Tongshan Brickworks. This brand of firebrick
practically monopolizes the refractory clay trade from Netherlands India to
Manchuria and is used exclusively by the large iron-producing works in the
Far East as well as the prominent Municipal and Government power works
throughout China.
Glazed Stoneware
Administration and Pipes up are
large stocks to held.
12" diameter are manufactured by the
Glazed Tiles in a wide range of colours are manufactured by the Administration.
COAL MERCHANTS xli
Cable Ad :—“ IWASAKISAL” Codes used:
Head Office and all Branch Offices Al, A.B.C. 5th Edition,
“ MITSUBISHI” ♦ Western Union and Bentley’s
London, New Yokk,
Seattle and Paris, Complete Phrase.
MITSUBISHI SHOJI KAISHA,
LIMITED
(Mitsubishi Trading Co., Limited.)
Importers and Exporters
Shipping Merchants.
Coal, Coke, Copper, Pig Iron, Paper, Window-Glass,.
Canned Fish and Sundry Goods, Etc., Etc.
Head Office MARUNOUCHI, TOKYO.
BRAN CHESTOKYO, YOKOHAMA, NAGOYA, OSAKA, KOBE, MOJIr
NAGASAKI, WAKAMATSU, KARATSU, TSURUGA, KURE, OTARU,
MURORAN, HAKODATE, PEKING, SHANGHAI, HANKOW,
TIENTSIN, DAIREN, TSINGTAO, CANTON, HONGKONG,.
SINGAPORE, YLADIVOSTOCK.
AGENIESMITSUBISHI GOSHI KAISHA, London, New York, Seattle;
xlii COAL MERCHANTS AND SHIPCHANDLERS
SUN MAN WOO GO.,
(Late Bismarck & Co. A Chinese linn.)
NAVAL CONTRACTORS - ■ Cable Address:
“ Bismarck ’’ PURVEYORS TO THE ■
SHIPCHANDLERS, GENERAL HONGKONG. ENGLISH, - - - -
IMPORTERS, COAL AND ■ FRENCH, RUSSIAN - -
PROVISION MERCHANTS EB~ x AND AMERICAN NAVIES
SAIL AND FLAG MAKERS, - Price List Sent
on Application. HARDWARE AND MACHINERY, -
RIGGERS, STEVEDORES - Codes used: ELECTRIC FITTINGS, CABLES, -
AND GENERAL COMMISSION AT, A.B.C., 4th and 5th WIRES, LAMPS, BELL SETS,
Editions,
AGENTS. Telephone 303. PUMPS, RAILWAY MATERIALS, &c.
Ships’ and Engine Rooms’ Stores of all Descriptions
Always in Stock at REASONABLE PRICES.
* * *
FRESH CARDIFF AND JAPANESE COAL.
PAINTS CDLOURs7oiL AND VARNISHES.
Pure Fresh Water Supplied to Shipping by Steam
Pumping Boat on Shortest Notice.
* * *
BAKERY:—Capable of putting out, 10,000 lbs.
of Biscuits per Day.
99 & 101, DES VCEUX ROAD CENTRAL,
Near Central Market, HONGKONG.
BUSINESS NOTICES xliii
PEAR HOTEL,
HONGKONG.
First-Class Residential and Tourist Hotel.
Telegraphic Address: “PEACEFUL.”
1,500 FEET ABOVE SEA-LEVEL.
15 MINUTES FROM PRINCIPAL
LANDING STAGE.
Telephone in Every Room,
Runner Meets Incoming Steamers.
F . B L A X E*, Manageress.
IQ,
Stockings, Socks, Singlets, Sweaters and Underwear.
Silk Stockings and Handkerchiefs.
CHEAPEST PRICES.
Why pay for high-priced articles when our cheap
goods are as good ?
Ask for samples from
KAM BINS KNITTM6 COMPANY, LTD.,
26, Haiphong Road Ko.vVloon, Hongkong.
N.B.—This is a British Company.
Directory and Chronicle
For
China, Japan, Philippines,
Straits Settlements, &c.
In daily use in practically every
commercial and professional office
of importance from Vladivostock in
the north, to the Straits Settlements
& Java in the south.
Recognised by all European merchants
as an^ invaluable and indispensable
work of reference.
1920 Edition.
(58th year of Publication)
Price to Subscribers :
Large Volume ... $11.00 | Abridged $7.00
Published by the
Hongkong Daily Press, Limited,
10a, Des Voeux Road Central, Hongkong.
131, Fleet St., London, E.C. 4.
TREATIES, CODES, &c.
Inventors and SoleMakers of-
-Snowdrift ^
-SNOWDENE^f
-SlNOL l Cylinder.
’A^^XuBRICATORS:
k3^r^ECMAN!C/5L Am ^UTO'MATlC,
for grease /?nd Oil.
^LuBRioatimg Oils for every purpose.
CYLINDER: Highest tests for Super Heated.
Special eon pounds for WetSteJu^.
Spindle & Machinery: Lightest ruhhing.
Electric Switch & transformer. Ere.
Snowclite H P Jointing.
Snowdrift Zinc Fluid j Snowdrift Sizings
the Boiler Anti-erosive, dnfi - incruS/dtoT jsnovwlrifl^offenin^s. Finishings ere for Textile Trades
^BeHer than Zinc Plates, or Powder. ) Petroleum Jelly etc'
85, fiRACECHURCH STREET,
LONDON. E.C.3.
Telegraphic Address : Snowdrift,
Cable Address Grace, London.
Marconi,: Snowdrift
A.B.C. 4th.London. Telephone:
&. 5th. A.1. and Western No. 433 Avenue.
Union Codes.
TREATIES WITH CHINA
GREAT BRITAIN
TREATY BETWEEN HER MAJESTY AND THE EMPEROR OP CHINA
Signed, in the English and Chinese Languages, at Nani in
29th August, 1842
Ratifications Exchanged at Hongkong, 26th June, 1843
Her Majesty the Queen of P'e United Kingdom of Great Britain and Ireland
and His Alaje^tv the Emperor of China, being desirous of putting an end to the
misunderstandings and consequent hostilities which Inve arisen between the two
countries, Imve resolved to conclude a treaty for that purpose, and have therefore
named as their Plenipotentiaries, that is to suy: Her Majesty the Queen of Great
Britain and Ireland, isir Henry I’onieger, Bart., a Major-General in the Service of
the East India Company, <&c.; and His Imperial Majesty the Emperor of China,
the High Commissioners Ke-ying, a Member of the Imperial House, a Guardian of
the Crown Prince, and General of the Garrison of Canton: and Ilipoo, of the Imperial
Kindred, graciously pm mitted to wear the insignia of the first rank, and the distinc-
tion of a peacock’s feather, lately Minister and Governor-General, Ac., and now
Lieut.-General commanding at Cnapoo—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 following- Articles:—•
Art. I.—There shall henceforward be peace and friendship between Her Majesty
the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the
Emperor of China, and between their respective subjects, who shall enjoy full security
and protection for their persons and property within the dominions of the other.
Art. II.—His Majesty the Emperor of China agrees that British subjects, with
their families and establishments, shall be allowed to reside, for the purpose of carry-
ing on their mercantile pursuits, without molestation or restraint, at the cities and
towns of Canton, Amo , Foochow-foo, Ningpo, and Shanghai; and Her Majesty the
Queen of Great Britain, Ac., will appoint superintendents, or consular officers, to
reside at each of the above-named cities or towns, to be the medium of communication
between the Chinese autborit’es and the said merchants, and to see that the just-
duties an t other dues of the Chinese Government, as hereinafter provided for, are
duly discharged by Her Britannic Majesty’s subjects.
Art. III. —It being obviously necessary and desirable that British subjects should
have some port whereat they may careen and refit their ships when required, and keep
stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the
Queen of Great Britain, Ac., the Island of Hongkong to he possessed in perpetuity
by Her Britannic Majestv, her heirs, and successors, aud to be governed by such laws
and regulations as Her Majesty the Queen of Great Britain, Ac., shall see fit to direct.
Art. IV.—-The Emperor of China agrees to pay the sum of six millions of dollars,
as the value of the opium which was delivered up at Canton in the month of March,
1839, as a ran-om for the lives of Her Britannic Majesty’s Superintendent and sub-
jects who had been imprisoned and threatened with death by the Chinese high officers.
Art. V.—The Government of China havingcompelledtheBritishmerchant strading
atCanton to deal exclusively with certain Chinese merchants, calh d Hong merchants (or
Co-Hong), who had been licensed by the Chinese Government for this purpose, the
Emperor of China agrees to abolish that practice in future at all ports where British
merchants may reside, and to permit them to carry on their mercantile transactions
with whatever persons they please; and His Imperial Maj -sty further agr> es to pay to
the British Government the sum of three millii m of dollars, on account of debts due
1*
NANKING TREATY, 1842
to B- itisk subjects by some of the said Hong merchants, or Co-Hong, who have become
insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty,
Art. YI.—The Government of Her Britannic Majesty having been obliged to sen4
out an expedition to demand and obtain redress for th^violent and unjust proceeding,
of the Chinese high authorities towards Her Britannic Maje-ty’s officers and subjects
the Emperor of China agrees to pay the sum of twelve millions of dollars, on account
of expenses incurred; and Her Britannic Majesty’s plenipotentiary voluntarily agrees,
on behalf of Her Majestv, to deduct from the said amount of twelve millions of
doll trs, any sums which may have been received by Her Majesty’s combined forces,
as ransom for cities and towns in China, subsequent to the 1st day of August, 1841
Art. VII.—It is agreed that .the total amount of tw.mty-one millions of dollars,
described in the three preceding Articles, shall be pail as follows:—
Six millions immediately.
Six milhons in 1843; that is, three millions on or before the 30th June, and.
three millions on or before 31st tff December.
Five millions in 1844; that is, two millions and a half on or before the 30th of
June, and two millions and a half on or be ore the 31st of December,
Four millions in 1845; that is, two millions on or before 30th of June, and
two millions on or before the 31st of December.
And if is further stipulated that interest at the rate of 5 per cent, per annum,
shall be paid by the Government of Chin • on any portion of the above sums that are
not punctually discharged at the periods fix< d.
Art. VIII.—The Emperor of China agrees to release, unconditionally, all subjects
of Her Britannic Majesty (whether natives of Europe or India), who may be in con-
finement at this moment in any part of the Chinese Empire.
Art IX.—The Emperor of China agrees to publish and pronmlgate, under his
imperial sign manual and seal, a full and entire amnesty and act of indemnity to all
subjects of China, on account of their having resided under, or having had dealings
and intercourse with, or having entered the service of Her Britannic Majesty, or of
Her Majesty’s officers; and His Imperial Majesty further engages to release all
Chinese subjects who may be at this moment in confinement for similar teasons.
Art. X.—His Majestv the Emperor of China agrees to establish at all the
ports which are, by Article II. of this Treaty, to be thrown open for the resort of
British merchants, a fair and regular tariff of export and import customs and other
dues, which tariff shall be publicly notified and promulgated for general information;
and the Emperor further engages that, when British merchants shall have once
paid at any of the said ports the regulated customs and dues, agreeable of the tariff
to be hereafter fixed, such merchandise may be conveyed by Cl inese merchants
to any province or city in the interior of the empire of China, on paying a further
amount of transit duties, which shall not exceed per cent, on the tariff value of
snch goods.
Art. XI.—It is agreed that Her Britannic Majesty’s chief high officer in China
shall correspond with the Chinese high officers, both at the capital and in the provim es,
unler the term “ communication ”; the subordinate British officers and Chinese high
officers in the provinces under the term “ statement,” on the part of the former, and
on the part of the latter, “ declaration,” and the subordinates of both countries on a
footing ol perfect equality; merchants and others not holding official situations, and
therefore not included in the above, on both sides for use the term “ repiesentation ”
in all papers addressed to, or intended for, the notice of the respective Govern-
ments.
Art. XII.—On the assent of the Emperor of China to this Treaty being received,
and the discharge of the first instalment of money, Her Britannic Majesty’s forces
will retire from Nanking and the Grand Canal, and will no longer molest or stop the
trade i f China. The military i ost at Chinhae will also be withdrawn, but the island
of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty’s forces
until the money payments, and the arrangements for opening the ports to British
merchants, be completed.
' NANKING TREATY, 1842—TIEN I'SIN TREATY, 1858
Art. XIII.—The ratifications of this Treaty by Her Majesty the Queen of Great
^Britain, etc., an 1 His Majesty the Emperor of China, shall be e .changed as soon
as the great distance which separates England from China will admit; but, in the
meantime, counterpart copies of it, signed and sealed by the P.enipoteutiaries on
behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions
and arrangements shall take effect.
Done at Nanking, and signed and sealed by the Plenipotentiaries on board Her
Britannic Majestv’s ship Cornwallis this 29th day of August, 1842; corresponding
with the Chinese date, twenty-fourth day of the seventh month, in the twenty^-second
year of Taou Kwang.
Henry Pottinger,
Her Majesty’s Plenipotentiary.
And signed by the seals of four Chinese Commissioners.
TIENTSIN TREATY, 1858
Ratifications exchanged at Peking, 24th October, 1860
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland
and His Majesty the Emperor of China, being desirous to put an eud to the existing
misunderstanding between the two countries and to place their relations on a more
rsatisfactory footing in future, have resolved to proceed to a revision and improvement
-of the Treaties existing between them; and, for that purpose, have named as their
Plenipotentiaries, that is to say :—
Her Majesty t!>e Queen of Great Britain and Ireland, the Right Honourable the
Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the
Most Ancient and Most Noble Order of the Thistle.
And His Majesty the Emperor of China, the High ‘Commissioner Kweiliang, a
Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the
Plain White Banner of the Mauchu Banner force, Superintendent-General of the
Administration of Criminal Law; and Hwashana, one of His Imperial Majesty’s
Expositors of the Classics. Manchu President of the Office for the Regulation of the
Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese
Banner Force, and Visitor of the Office of Interpretation:
Who, after having communicated to each other their respective full powers and
found them to be in good and due form, have agieed upon and concluded the
following Articles:—
Art. I.—The Treaty of Peace and Amity between the two nations signed at
Nanking on the twenty-ninth day of August, in the \ ear eighteen hundred and forty-
two, is hereby renewed and confirmed.
The supplementary Treaty and General Regulations of Trade having been
amended and improved, and the substance of their provisions having been incor-
porated in this Treaty, the sad Supplementary Treaty and General Regulations of
Trade are hereby abrogated.
Art. II.—For the better preservation of haimony in future, Her Majesty the
Queen of Great Biitain and His Majesty the Emperor of China mutually agree that,
in accoidance with the universal practice of great and friendly nations. Her Majesty
the Queen may, if she see fit, appoint Ambassadors, Minister's, or other Diplomatic
Agents to the Court of Peking; and His Majesty the Emperor of China may, in like
manner, if he see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents
to the Court of St. .lames.
Art. III.—His Majesty the Emperor of China herebvagrees that the Ambassador,
.Minister, or other Diplomatic Agent, So appointed by Her Majesty the Queen of
(Great Britain, may reside, with his family and establishment, permanently at the
^capital, or may visit it occasionally at- the option of the British Government. He
TIENTSIN TREATS’, 1858
shall not be called upon to perforin any ceremony derogatory to him as representing
the Sovereign of an independent nation on a footing of equality with that of China,
On the other hand, he shall use the same forms of ceremony and respect to Hi®
Majesty the Emperor as are employed by the Ambassadors, Ministers, or Diplomatic
Agents of Her Majesty towards the Sovereigns of independent and equal European
nations.
It is further agreed, that Her Majesty’s Government may acquire at Peking a
site for building, or may hire houses for the accommodation of Her Majesty’^ Mission,
and the Chinese Government will assist it in so doing.
Her Majesty’s Representative shall be at liberty to choose his own servants and
attendants, who sliall not be subject to any kind of molestation whatever.
Any person guilty of disrespect or violence to Her Majesty’s Representative, or to
any member of his family or establishment, in deed or word, shall be severely punished.
Art. 1Y.—It is further agreed that no obstacle or difficulty shall be made to the
free movements of Her Majesty’s Representative, and that he and the persons of hi»
suite may come and go, and travel at their pleasure. He shall, moreover, have full
liberty to send and receive his correspondence to and from any point on the sea-coast
that he may select, and his letters and effects shall be held sacred and inviolable.
He may employ, for their transmission, special court, rs, who shall meet with the same
protection and facilities for travelling as the persons employed in carrying despatches
for the Imperial Government; and, generally, he shall enjoy the same privileges as
are accorded to officers of the same rank by tae usage and consent of Western nations.
All expenses attending the Diplomatic Mission of Great Britain shall be borne
by the British Government.
Art, Y.—-His Majesty the Emperor of China agrees to nominate one of the
Secretaries of State, or a President of one of the Boards, as the high officer with
whom the Ambassador, Minister, or other Diplomatic Agent of Her Majesty' the Queen
shall transact business, either personally or in writing, on a footing of perfect equality.
Art. VI.—Her Majesty the Queen of Great Britain agrees that the privileges
hereby secured shall be enjoyed in her dominions by the Ambassador, Minister, or
Diplomatic Agent of the Emperor of China, accredited to the Court of Her Majesty.
Art. VII.—Her Majesty the Queen may appoint one or more Consuls in -the
dominions of the Emperor of China ; and such Consul or Consuls shall be at liberty
to reside in any of the open ports or cities of China as Her Majesty the Queen may
consider most expedient for the interests of British commerce. They shall be treated
with due respect by the Chinese authorities, and enjoy the same privileges and
immunities as the Consular Officers of the most favoured nation.
Consuls and Vice-Consuls in charge shall rank with Intendants of Circuit; Vice-
Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shall have access
to the official residences of these officers, and communicate with them, either personally
or in writing, on a footing of equality, as the interests of the public service may require.
Art. VIII.—The Christian religion, as professed by Protestants or Roman
Catholics, inculcates the practice of virtue, and teaches man to do as he would be
done by. Persons teaching it or professing it, therefore, shall alike be entitled to the
protection of the Chinese authorities, nor shall any such, peaceably pursuing their
calling and not offending against the laws, be persecuted or interfered with.
Art. IX.—British subjects are hereby authorised to travel, for their pleasure or
for purposes of trade, to all parts of the interior under passports which will be issued
by their Consuls, and countersigned by the local authorities. These passportsj if
demanded, must be produced for examination in the localities passed through. If
the passport be not irregular, the bearer will be allowed to proceed, and no opposition
shall be offered to his hiring persons, or hiring vessels for the carriage of his baggage
or merchandise. If he be without a passport, or if he commit any offence against the
law, he shall be handed over to the nearest Consul for punishment, but he must not
be subjected to any ill-usage in excess of necessary restraint. No passport need be
applied for by persons going on excursions from the ports open to trade to a distance
not exceeding 100 li, and for a period not exceeding five days.
TIENTSIN TREATY, 1858
The provisions of this Article do not apply to crews of ships, for the due restraint
To Nanking, and other cities, disturbed by persons in arms against the Govern-
■rnent, no pass shall be given, until they shall have been recaptured.
Art. X.—British merchant ships shall have authority to trade upon the Great
River (Yangtsze). The Upper and Lower Valley of the river being, however,
disturbed by outlaws, no port shall be for the present opened to trade, with the
^exception of Chinkiang, which shall be opened in a year from the date of the signing
of this Treaty.
So soon as peace shall have been restored, British vessels shall also be admitted
-to trade at such ports as far as Hankow, not exceeding three in number, as the British
Minister, after consultation with the Chinese Secretary of State, may determine shall
sbe ports of entry and discharge.
Art. XI.—In addition to the cities and towns of Canton, Amoy, Foochow, Ningpo,
and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects
;may frequent the cities and ports of Newchwang, Tangchow (Chefoo), Taiwan
(Formosa), Chao-chow (Swatow), and Kiung-chow (Hainan).
They are permitted to carry on trade with whomsoever they please, and to proceed
to and fro at pleasure with their vessels and merchandise.
They shall enjoy the same privileges, advantages, and immunities at the said
-towns and ports as they7 enjoy at the ports already open to trade, including the
‘right of residence, buying or renting houses, of leasing land therein, and of building
churches, hospitals and cemeteries.
Art. XII.—British subjects; whether at the ports or at other places, desiring to
build or open houses, warehouses, churches, hospitals, or burial grounds, shall make
-their agreement for the land or buildings they require, at the rates prevailing among
■the people, equitably and without exaction on either side.
Art. XIII.—The Chinese Government will place no restrictions whatever upon
the employment, by British subjects, of Chinese subjects in any .lawful capacity.
Art. XIV.—British subjects may hire whatever boats they please for the
‘transport of goods or passengers, and the sum to be paid for such boats shall be settled
between the parties themselves, without the interference of the Chinese Government.
The number of these boats shall not be limited, nor shall a monopoly in respect either
of the boats or of the porters or coolies engaged in carrying tlie goods be granted to
any parties. If any smuggling takes place in them the offenders will, of course, be
punished according to law.
Art. XV.—All questions in regard to rights, whether of property or person, arising
between British subjects, shall be subject to the jurisdiction of the British authorities.
Art. XVI.—Chinese subjects who may be guilty of any criminal act towards
British subjects shall be arrested and punished by the Chinese authorities according
■to the laws of China.
British subjects who may commit any crime in China shall be tried and punished
by the Consul, or other public functionary authorised thereto, according to the laws
-of Great Britain.
Justice shall be equitably and impartially administered on both sides.
Art. XVII.—A British subject, having reason to complain of Chinese, must
proceed to the Consulate and state his grievance. The Consul will inquire into the
merits of the case, and do his utmost to arrange it amicably. In like manner, if a
Chinese have reason to complain of a British subject, the Consul shall no less listen
to his complaint, and endeavour to settle it in a friendly manner. If disputes take
place of such a nature that the Consul cannot arrange them amicably, then he shall
request the assistance of the Chinese authorities, that they may together examine
into the merits of the case, and decide it equitably.
Art. XVIII.—The Chinese authorities shall at all times afford the fullest
protection to the persons and property of British subjects, whenever these shall have
been subjected to insult or violence. In all cases of incendiarism or robbery, the
local authorities shall at once take the necessary steps for the recovery of the stolen
8 TIENTSIN TEE ATT, 1858
property, tlie suppression of disorder, and the arrest of the guilty parties, whom they
will punish according to law.
Art. XIX.—If any British merchant-vessel, while within Chinese waters, be
plundered by robbers or pirates, it shall be the. duty of the Chinese authorities to use
every endeavour to captuie and punish the said robbers or pirates and to recover the
stolen property, that it may be handed over to the Consul for restoration to the owner.
Art. XX.—If any British vessel be at any time wrecked or stranded on the coast
of China, or be compelled to take refuge in any port within the dominions of the
Emperor of China, the Chinese authorities, on being apprised of the fact, shall
immediately adopt measures for its relief and security ; the persons on board shall
receive friendly treatment and shall be furnished, if necessary, with the means of
conveyance to the nearest Consular station.
Art. XXL—If criminals, subjects of China, shall take refuge in Hongkong or
on board the British ships there, they shall, upon due requisition by the Chinese
authorities, be searched for, and, on proof of their guilt, be delivered up.
In like manner, if Chinese offenders take refuge in the houses or on board the
vessels of British subjects at the open ports, they shall not be harboured or concealed,
but shall be delivered up, on due requisition by the Chinese authorities, addressed to
the British Consul.
Art. XXII.—Should any Chinese subject fail to discharge debts incurred to a
British subject, or should he fraudulently abscond, the Chinese authorities will do their
utmost to effect his arrest and enforce recovery of the debts. The British authorities
will likewise do their utmost to bring to justice any British subject fraudulently
absconding or failing to discharge debts incurred by him to a Chinese subject.
Art. XXIII.—Should natives of China who may repain to Hongkong to trade
incur debts there, the recovery of such debts must be arranged for by the English
Court of Justice on the spot; but should the Chinese debtor abscond, and be known
to have property real or personal within the Chinese territory, it shall be the duty of
the Chinese authorities on application by-, and in concert with, the British Consul,,
to do their utmost to see justice done between the parties.
Art. XXIV.—It is agreed that British subjects shall pay, on all merchandise
imported or exported by them, the duties prescribed by the tariff; but in no case shall
they be called upon to pay other or higher duties than are required of the subjects
of any other foreign nation.
Art. XXV.—Import duties shall be considered payable on the landing of the-
goods, and duties of export on the shipment of the same.
Art. XXVI.—Whereas the tariff fixed by Article X. of the Treaty of Nanking,
and which was estimated so as to impose on imports and exports a duty of about
the rate of five per cent, ad valorem, has been found, by reason of the fall in value of
various articles of merchandise therein enumerated, to impose a duty upon these
considerably in excess of the rate originally assumed, as above, to be a fair rate, it is-
agreed that the said tariff shall be revised, and that as soon as the Treaty shall have
been signed, application shall be made to the Emperor of China to depute a high
officer of the Board of Revenue to meet, at Shanghai, officers to be deputed on behalf
of the British G-overnment, to consider its revision together, so that the tariff, as-
revised, may come into operation immediately after the ratification of this Treaty.
Art. XXVII.—It is agreed that either of the high contracting parties to this
Treaty may demand a further revision of the tariff, and of the Commercial Articles of
this Treaty, at the end of ten years’; but if no demand be made on either side within
six months after the end of the first ten years, then the tariff shall remain in force for
ten years more, reckoned from the end of the preceding ten years, and so it shall
be at the end of each successive ten years.
Art. XXVIII.—Whereas it was agreed in Article X. of the Treaty of Nanking;
that British imports, having paid the tariff duties, should be conveyed into the interior,
free of all further charges, except a transit duty, the amount whereof was not to
exceed a certain percentage on tariff value; and whereas, no accurate information*
having been furnished of the amount of such duty, British merchants have constantly^
TIENTSIN TREATY, 1858
complained that charges are suddenly and arbitrarily imposed by the provincial
authorities as transit duties upon produce on its way to the foreign market, and on
imports on their way into the interior, to the detriment of trade ; it is agreed that
within four months from the signing of this Treaty, at all ports now open to British
trade, and within a similar period at all ports that may hereafter be opened, the
authority appointed to superintend the collection of duties shall be obliged, upon
application of the Consul, to declare the amount of duties leviable on produce between
the place of production and the port of shipment upon imports between the Consular
port in question and the inland markets named by the Consul; and that a notification
thereof shall be published in English and Chinese for general information.
But it shall be at the option of any British subject desiring to convey produce
purchased inland to a port, or to convey imports from a port to an inland market, to
clear his goods of all transit duties, by payment of a single charge. The amount of
this charge shall be leviable on exports at the first barrier they may have to pass, or,
on imports at the port at which they are landed; and on payment thereof a certificate
shall be issued, which shall exempt the goods from all further inland charges whatsoever.
It is further agreed that the amount of the charge shall be calculated, as nearly
as possible, at the rate of two and a half per cent, ad valorem, and that it shall be fixed
for each article at the conference to be held at Shanghai for the revision of the tariff.
It is distinctly understood that the payment of transit dues, by commutation or
otherwise, shall in no way affect the tariff duties on imports or exports, which will
continue to be levied separately and in full.
Art. XXIX.—British merchant vessels, of more than one hundred and fifty tons
burden, shall be charged tonnage-dues at the rate of four mace per ton ; if of one
hundred and fifty tons and under, they shall be charged at the rate of one mace per ton.
Any vessel clearing from any of the open ports of China for any other of the open
ports, or for Hongkong, shall be entitled, on application of the master, to a special
■certificate from the Customs, ou exhibition of which she shall be exempted from all
further payment of tonnage dues in any open ports of China, for a period of four
months, to be reckoned from the port-clearance.
Art. XXX.—The master of any British merchant vessel may, within forty-eight
hours after the arrival of his vessel, but not later, decide to depart without breaking
bulk, in which case he will not be subject to pay tonnage-dues. But tonnage-dues
■shall be held due after the expiration of the said forty-eight hours. No other fees or
charges upon entry or departure shall be levied.
Art. XXXI.—No tonnage-dues shall be payable on boats employed by British
subjects in the conveyance of passengers, baggage, letters, articles of provision, or
other articles not subject to duty, between any of the open ports. All cargo-boats,
however, conveying merchandise subject to duty shall pay tonnage-dues once in six
months, at the rate of four mace per register ton.
Art. XXXII.—The Consuls and Superintendents ofCustoms shall consult together
regarding the erection of beacons or lighthouses and the distribution of buoys and
lightships, as occasion may demand.
Art. XXXIII.—Duties shall be paid to the bankers authorised by the Chinese
Government to receive the same in its behalf, either in sycee or in foreign money,
according to the assay made at Canton on the thirteenth of July, one thousand eight
hundred and forty-three.
Art. XXXIY.—Sets of standard weights and measures, prepai*ed according to
the standard issued to the Canton Custom-house by the Board of Revenue, shall be
delivered by the Superintendent of Customs to the Consul at each port to secure
uniformity and prevent confusion.
Art. XXXV.—Any British merchant vessel arriving at one of the open ports
shall be at liberty to engage the services of a pilot to take her into port. In like
manner, after she has discharged all legal dues and duties and is ready to take her
■departure, she shall be allowed to select a pilot to conduct her out of port.
Art. XXXVI.—Whenever a British merchant vessel shall arrive off one of the
•open ports, the Superintendent of Customs shall depute one or more Customs officers
10 TIENTSIN TREATY, 1858
to guard the ship. They shall either live in a heat of their own, or stay on board the-
ship, as may best suit their convenience. Their food and expenses shall be supplied
them from the Custom-house, and they shall not be entitled to any fees whatever
from the master or consignee. Should they violate this regulation, they shall be-
punished proportionately to the amount exacted.
Art. XXXVII.—Within twenty-four hours after arrival, the ships’ papers,,
bills of lading, etc., shall be lodged in the hands of the Consul, who will within a
further period of twenty-four hours report to the Superintendent of Customs the name
of the ship, her registered tonnage, and the nature of her c irgo. If, owing to neglect
on the part of the master, the above rule is not complied with within forly-eight;
hours after the ship’s arrival, he shall be liable to a fine of fifty taels for every day’s;
delay; the total amount of penalty, however, shall not #xceed two hundred t.iels. 5
The master will be responsible for the correctness of the manifest, which shall
contain a full and tiue account of the particulars of the cargo on board. For
presenting a false manifest, he will subject himself to a fine of five hundred taels; but
he will be allowed to correct, within twenty-four hours after delivery of it to the customs-
officers, any mistake he may discover in his manifest without incurring ihis penalty.
Art. XXXVIII.—After receiving from the Consul the report in due form, the
Superintendent of Customs shall grant the vessel a permit to open hatches. If the
master shall open hatches, and begin to discharge any goods, without such permission^
he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly.
Art. XXXIX —Any British merchant who has cargo to land or ship must apply
to the Superintendent of Customs for a special permit. Cargo landed or shipped
without such permit will be liable to confiscation.
Art. XL.—No transhipment from one vessel to another can be made without
special permission, under pain of confiscation of the goods so transhipped.
Art. XLI.—When all does and duties shall have been paid, the Superintendent
of Customs shall give a port-clearance and the Consul shall then return the ship’s
papers, so that she may depart on her voyage.
Art. XLII.—With respect to articles subject, according to the tariff, to an ad
valorem duty, if the British merchant cannot agree with the Chinese officer in affixing
its value, then each party shall call two or three merchants to look at the goods, and
the highest price at which any of these merchants would be willing to purchase
them shall be assumed as the value of the goods.
Art. XL1II.—Duties shall be charged upon the net weight of each article,
making a deduction for the tare, weight of congee, &c. To fix the tare of any a; tides,
such as tea, if the British merchant cannot agree with the Custom-house officer, then
each party shall choose so many chests out of every hupdred, which being first
weighed in gross, shall afterwards be tared, and the average tare upon these chests-
shall be assumed as the tare upon the whole; and upon this principle shall the
tare be fixed upon other goods and packages. If there should be any other points in
dispute which cannot be settled, the British merchant may appeal to his Consul, who
will communicate the parkeulars of the case to the Superintendent of Customs, that
it may be equitably arranged. But the appeal must be made wiihin twenty-four
hours or it will not be attended to. While such points are still unsettled, the
Superintendent of Customs shall postpone the insertion of the same in his books.
Art. XLIV.—Upon all damaged goods a fair reduction of duty shall be allowed
proportionate to their deterioration. If any disputes arise, they shall be settled in
the manner pointed out in the clause of this Treaty having reference to articles which
pay duty ad v ilorem.
Art. XLV.—British merchants who may have imported merchandise into any of
the open ports, and paid the duty thereon, if they desire to re-export the same, shall
be entitled to make application to the Superintendent of Customs, who, in qrcer to-
prevent fraud on the revenue, shall cause examiuation to be made by suitable officers,
to see that the duties paid on such goods, as entered in the Custom-house books,
correspond with the representations made and that the goods remain with their
original marks unchanged. He shall then make a memorandum of the port clearance
TIENTSIN TREATY, 1858 11
•of the goods, and of the amount of duties paid, and deliver the same to the. merchant,
and shall also certify the facts to the officers of Customs of the other ports. All which
being done, on the arrival in port of the vessel in whicn the goods are laden, every-
thing being found on examination there to correspond, she shall be permitted to break
bulk, and land the said goods, without being subject to the payment of any additional
duty thereon. But if, on such examination, the Superintendent of Customs shall
detect any fraud on the revenue in the case, then the goods shall be subject to
confiscation by the Chinese Government.
British merchants desiring to re-export duty-paid imports to a foreign country
shall be entitled, on complying with the same conditions as in the case of re-exporta-
tion to another port in China, to a drawback certificate, which shall be a valid tender
to the Customs in payment of import or export duties.
Foreign grain brought into any port of China in a British ship, if no part thereof
has been landed, may be re-exported without hindrance.
Art. XLYI.—The Chinese authorities at each port shall adopt the means they
may judge most proper to prevent the revenue suifering from fraud or smuggling.
Art. XLVII.—British merchant-vessels are not entitled to resort to otherthanthe
ports of trade declared open by Treaty; they are not unlawfully to enter other ports in
China, or to carry on clandestine trade along the coast thereof. Any vessel violating this
provision shall, with her cargo, be subject to confiscation by the Chinese Government.
Art. XLVIII.—If any British merchant-vessel be concerned in smuggling, the
goods, whatever their value or nature, shall be subject to confiscation by the Chinese
authorities, and the ship may be prohibited from trad ng further, and sent away as
soon as her account shall have been adjusted and paid.
Art. XLIX.—All penalties enforced, or confiscations made, under this Treaty
shall belong and be appropriated to the public service of the Government of China.
Art. L.—All official communications addressed by the Diplomatic and Consular
Agent of Her Majesty the Queen to the Chinese Authorities shall, henceforth, be writ-
ten in English. They will for the present be accompanied by a Chinese version, but it
is understood that, in the event of there being any difference of meaning between the
English and Chinese text, the English Government will hold the sense as expressed in
the English text to be the correct sense. This provision is to apply to the Treaty now
negotiated, the Chinese textof which has been carefully corrected by the English original.
Art. LI.—It isagreedthat henceforward the character^“I” (barbarian) shall not
be applied to the Government or subjects of Her Britannic Majesty in any Chinese official
document issued by the Chinese authorities, either in the capital or in the provinces.
Art. LII.—British ships of war coining for no hostile purpose, or being engaged
in the pursuit of pirates, shall be at liberty to visit all ports within the dominions
of the Emperor of China, and shall receive every facility for the purchase of pro-
visions, procuring water, and, if occasion require, for the making of repairs. The
commanders of such ships shall hold intercourse with the Chinese authorities on
terms of equality and courtesy.
Art. LIII.—In consideration of the injury sustained by native and foreign
commerce from the prevalence of piracy in the seas of China,' the high contracting
parties agree to concert measures for its suppression.
Art. LIV.—The British Government and its subjects are hereby confirmed in all
privileges, immunities, and advantages conferred on them by previous Treaties: and
it is hereby expressly stipulated that the British Government and its subjects will be
allowed free and equal participation in all privileges, immunities and advantages that
may have been, or may be hereafter, granted by His Majesty the Emperor of China
to the Government or subjects of any other nation.
Art. LV.—In evidence of her desire for the continuance of a friendly under-
standing, Her Majesty the Queen of Great’Britain consents to include in a Separate
Article, which shall be in every respect of equal validity with the Articles of this
Treaty, the condition affecting indemnity for expenses incurred and losses sustained
in the matter of the Canton question.
12 TIENTSIN TREATY, 1858
Ai’t. LVI.—The ratifications of this Treaty, under the hand of Her Majesty the-
Queen of Great Britain and Inland, and of His Majesty the Emperor of China, re-
spectively, shall be exchanged at Peking, within a year from this day of signature.
In token whei’eof the respective Plenipotentiaries have signed and staled this
Treaty. Done at Tientsin, this twenty-sixth day of June, in the year of our Lord one-
thousand eight hundred and fifty-eight; corresponding with the Chinese date, the-
sixteenth day, fifth moon, of the eighth year of Hien Fung.
[l.s.] Elgin and Kincardine.
Signature of 1st Chinese Plenipotentiart. Signature of 2nd Chinese Plenipotentiarv
Separate Article annexed to the Treaty concluded between Great Britain and China on the
tioenty-sixth day of June, in the year One Thousand Eight Hundred and Fifty-eight.
It is hereby agreed that a sum of twb millions of taels, on account of .the losses sus-
tained by British subjects through the misconduct of the Chinese authorities at Canton,
and a further sum of two millions of taels on account of the Military expenses of the ex-
pedition which Her Majesty the Queen has been compelled to send out for the purpose of
obtaining redress, and of enforcing the observance of Treaty provisions, shall be paid
to Her Majesty’sKepresentatives in China by the authorities of the Kwangtung Province.
The necessary arrangements with respect to the time and mode of effecting-
these payments shall be determined by Her Majesty’s Representative, in concert with
the Chinese authorities of Kwangtung.
When the above amounts shall have been discharged in full, the British forces-
will be withdrawn from the city of Canton. Done at Tientsin this twenty-sixth day of
June, in the year of our Lord one thousand eight hundred and fifty-eiglit, corresponding
with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung-
us.] Elgin and Kincardine.
Signature of 1st Chinese Plenipotentiary. Signature of 2nd Chinese Plenipotentiary,.
AGREEMENT IN PURSUANCE OE ARTICLES XXVI.
AND XXVIII. OE THE TREATY OE TIENTSIN *
Signed at Shanghai, 8th November, 1858
Whereas it was provided, by the Treaty of Tientsin, that a conference should be
held at Shanghai between Officers deputed by the British Government on the one part
and by the Chinese Government on the other part, for the purpose of determining the
amount of tariff duties and transit dues to be henceforth levied, a conference has been
held accordingly; and its proceedings having been submitted to the Right Honourable
the Earl of Elgin and Kincardine, High Commissioner and Plenipotentiary of Her
Majesty the Queen on. the one part; and to Kweiliang, Hwashana, Ho Kwei-tsing,
Ming-shen, and Twan Ching-shih, High Commissioners and Plenipotentiaries of His
Imperial Majesty the Emperor, on the other part, these High Officers have agreed
and determined upon the revised Tariff hereto appended, the rate of transit dues
therewith declared, together with other Rules and Regulations for the better explana-
tion of the Treaty aforesaid ; and do hereby agree that the said Tariff and Rules—
the latter being in ten Articles, thereto appended—shall be equally binding on the
Governments and subjects to both countries with the Treaty itself.
In witness whereof they hereto affix their Seals and Signatures.
Done at Shanghai, in the province of Kiangsu, this eighth day of November, in
the year of our Lord eighteen hundred and fifty-eight, being the third day of the
tenth moon of the eighth year of the reign of Hien Fung.
[l,s.] Elgin and Kincardine.
Seal of Chinese Plenipotentiaries. Signatures of the Five Chinese Plenipotentiaries.
* The Tariff Import has been superseded by on rranged in 1902.
THE CHEEOO CONVENTION, 1876
WITH ADDITIONAL ARTICLE THERETO FOR REGULATING THE
TRAFFIC IN OPIUM
Batifications exchanged at London, 6th May, 1886
Agreement negotiated between Sir Thomas Wade, k.c.b., Her Britannic
Majesty’s Envoy Extraordinary and Minister Plenipotentiary at the Court of China
and Li, Minister Plenipotentiary of His Majesty the Emperor of China, Senior Grand
Secretary, Governor-General of the Province of Chihli, of the First Class of the
Third Order of Nobility.
The negotiation between the Ministers above named has its origin in a despatch
received by Sir Thomas Wade, in the Spring of the present year, from the Earl of
Derby, Principal Secretary ot State for Foreign Affairs, dated 1st January, 1876.
This contained instructions regarding the disposal of three questions: first, a satis-
factory settlement of the Yunnan affair; secondly, a faithful fulfilment of engagements
of last year respecting intercourse between the high officers of the two Governments ;
thirdly, the adoption of a uniform system in satisfaction of the understanding rarrived
at in the month of September, 1875 (8th moon of the 1st year of the reign Kwang
Su), oh the subject of rectification of conditions of trade. It is to this despatch that
Sir Thomas Wade has referred himself in discussions on these questions with the
Tsung-li Yamen, further reference to which is here omitted as superfluous. The
conditions now agreed to between Sir Thomas Wade and the Grand Secretary aie as
follows:—
- Section I.—Settlement of the Yiinnan Case
1. —A Memorial is to be presented to the Throne, whethe
Yamen or by the Grand Secretary Li is immaterial, in the sense of the memorandum
prepared by Sir Thomas Wade. Before presentation the Chinese text of the Memorial
is to be shown to Sir Thomas Wade.
2. —The Memorial having been presented to the Throne, and th
in reply received, the Tsung-li Yamen will communicate copies of the Memorial and
Imperial decree of Sir Thomas Wade, together with copy of a letter from the
Tsung-li Yamen to the Provincial Governments, instructing them to issue a proclama-
tion that shall embody at length the above Memorial and Decree. Sir Thomas Wade
will thereon reply to the eflect that for two years to come officers will be sent by the
British Minister to different places in the provinces to see that the proclamation is
posted. On application from the British Minister or the Consul of any port instructed
by him to make application, the high officers of the provinces wilUdepute competent
officers to accompany those so sent to the places which they go to observe.
3. —In order to the framing of such regulations as will be need
of the frontier trade between Burmah and Yunnan, the Memorial submitting the
proposed settlement of the Yunnan affair will contain a request that an Imperial
Decree be issued directing the Governor-General and Governor, whenever the British
Goveri.ment shall send officers to Yunnan, to select a competent officer of rank to
confer with them and to conclude a satisfactory arrangement.
4. —-The British Government will lie free for five years, from
next, being the 17th day of the 11th rntion of the 2nd year of the reign of Kwang Su,
to station officers at Ta-li Fu, or at some other suitable place in Yunnan, to observe
the conditions of trade ; to the end that they may have information upou which to
base the regulations of trade when these have to be discussed. For the considera-
tion and adjustment of any matter affecting British officers or subjects these officers
will be free to address themselves to the authorities of the province. The opening
14 THE CHEFOO CONVENTION, 1876
•of the trade may be propo-.ed by the, British Q-oyerameot as it may find beat at any
time within the t rm of five years, or upon expiry of the term of five years.
Passports having been obtained last year for a Mission from India into Yunnan,
it is open to the Viceroy of India to send such Mission at any tim^ he may see fit.
5. —The amount of indemnity to be paid on account of the familie
and others killed in Yunnan, on account of the expenses which the Yunnan case has
occasioned, and on account of claims of British merchants arising out of the action
of officers of the Chinese Government up to the commencement of the present year.
Sir Thomas Wade takes upon himself to fix at two hundred thousand taels, payable
on demand. /
6. —When the case is closed an Imperial letter will be written ex
for what has occurred in Yunnan. 'I he Mission bearing the Imperial letter will
proceed to England immediately. Sir Thomas Wade is to be informed of the
constitution of this Mission for the information of this Government. The text l! the
Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li
Yamen.
Section II.— Official Intercourse
Under this heading are included the conditions of intercourse between high
officers in the capital and the provinces, and between Consular officers and Chinese
officials at t ie ports; also, the conduct of judkral proceedings in mixed cases.
1. —In the Tsung-li Yamen’s Memorial of the 28th September, 1
•of Kung and the Ministers state 1 that their object in presenting it had not been
simply the transaction of business in which Chinese and Foreigners might be con-
cerned; missions abroad and the question of diplomatic intercourse lay equally with-
in their prayer.
To the prevention of further misunderstanding upon the subject of intercourse
and correspondence, the present conditions of both having eiused complaint in the
capital and in the provinces, it is agreed that the Tsung-li Yamen shall address a
circular to the Legations, inviting Foreign Representatives to consider with them a
code of etiquette, to the end that foreign officials in China, whether at the ports or
elsewhere, may be treated with the s ime regard as is shown the n when serving
abroad imother countries and as would be shown to Chinese agents so serving abroad.
The fact that China is about to establish Missions and Consulates abroad renders
an understanding on these points essential.
2. —The British Treaty of 1858, Article XVf., lays down that “C
who may be guilty of any criminal act towards British subjects shall be arrested and
punishjd by Chinese authorities according to the laws of China.
“British subjects who may commit any crime in China shall be tried and
punished by the Consul, or any other public functionary authorised thereto, accord-
ing to thi laws of Great Britain.
“Justice shalj be equitably and impartially administered on both sides.”
The words “functionary authorised thereto” are translated in the Chinese text
“British GovernmenL”
In or ler t > the fulfilment of its Treaty obligation, the British Government has
established a Supreme Court at Shanghai, with a special code of rules, which it is
now about to revise. The Chinese Government has established at Shanghai a Mixed
Court; but the officer presiding over it, either from lack of power or dread of un-
popularity, constantly fails to enforce his judgments.
It is now understood that the Tsung-li Yafnen will write a circular to the Lega-
tion, inviting Foreign Representatives at onctT to consider- with the Tsung li Yamen
the measures needed for the more effective administra ion of justice at the ports
open to trade.
3. —It is agreed that, whenever a crime is committed affectin
property of a British subject, whether in the interior or at the open ports, the British
Minister shall be free to send officers to the spot to be present at the investigation.
THE CHEPOO CONVENTION, 1376 15*
'To! .tUe/'jMeveution of iiiisundeBstauding .Qa tins point,;’Sir^THonlas Wade will'
write a Note to the. above etEeet,:;tQ . ^hich the; Teungili; 1Tf’anien'-will reply, affirming,
that this !is the,course of prdeeediog to be adhered t©'for the'time tb come.'
It is. further understood that,so IOng. as the,laws of the t«’0 countries differ from
each other, there can be butone.principle to guidevjudicial proceedings in mixed cases-
in China, namely, that the case is tried by rthe official of the defendant’s nationality ;
the official oif the plaintiff’s nationality merely attending to watch the proceedings in.
the interest of justice. If the officer so attending be dissatisfied with the prdcfeedino-s,
it will be In his power tq protest against them in detail. The law administered will
be the law « the words hui tfung. indicating combined act!m in judicial pfoceedino-s, in Article-
XVI. of the Treaty of Tientsin; and this is the course to be respectively followed by
the officers of either nationality. ,
Section III-—Trade.
1. —With reference to the area within which, according to the T
lekin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade
agrees to move his Government to allow the ground rented by foreigners (the so-called
Concessions) at the different ports, to, be regarded as the area of exemption from
lekin ; and the Government of China \vill thereupon allow Ich’ang, in the province
of Hu-pi; Wu-hu, in An-hui; Wen-chow, in Che-kiang ; and Pei-hai (Pak-hoi),.
in Kwang-tung to be added to the number of ports open to trade and to become
Consular stations. The British Government will, further, be free to send officers to
reside at Chung-k’ing to watch the conditions of, British trade in Szechuen •
British merchants will not be allowed to reside at Chung-k’ing, or to open establish-
ments or. warehouses there, so long as no steamers have access to the port. When
steamers have succeeded in ascending the river so far, further arrangements can be
taken into consideration.
It is further proposed as a measure of compromise that at certain points on the-
shore of the Great River, namely, Tat’ung and Ngan-Ching in the province of An-
hui; Ho-Kovi. in Kiang-si ; Wu-sueh, Lu-chi kou, and Sha-shih in Hu-Kwang,.
these being all places of trade in the interior, at which, as they are not open ports,
foreign merchants are not legally authorised to land or ship goods, steamers shall be
allowed to touch for the purpose of landing or shipping passengers or goods ; but in
all instances by means of native boats only, and subject to the regulations in force-
affecting native trade.
Produce accompanied by a half-dutv certificate may be shipped at su h points-
by the steamers, but mar not be landed bv them for sale. And at all such points,
except in the case of imports accompanied by a transit duty certificate or exports
similarly certificated, which will be severally passed free of lekin on exhibition of such
certificates, lekin will be duly collected on all goods whatever by the native authorities.
Fore:gn merchants will not be authorised to reside or open houses of business or
warehouses at the places enumerated as ports of call.
2. —At all ports open to trade, whether by earlier or later agree
settlement ar. a has been previously defined, it will be the duty of the British Consul,
acting in concert with his colleagues, the Consuls of other Powers, to come to an
understanding with the local authorities regarding the definition of the foreign-
settlement area, - ;i
3. —On Opium, ,Sir Thomas Wade will move his Governmen
arrangement different from that affecting other imports. British merchants, when
opium is brought into port, will be obliged to have it taken cognisance of by the
Customs, a;nd deposited in bond, either in a warehouse or a receiving hulk, until such
time as there is a sale for; iti The importer will then pay the tariff duty upon it,
and the purchasers the lekin, in order to the prevention of evasion of the Treaty. The
amount of lekin to be collected will be decided by the different Provincial Govern-
ments according to the circumstances of each.
16 THE CHEFOO CONVENTION, 1876
4. —The Chinese Government agree that Transit Duty C
framed under one rule at all ports, no difference being made in the conditions set forth
therein; and that, so far as imports are concerned, the nationality of the person
possessing and carrying these is immaterial. Native produce carried from an inland
centre to a port of shipment, if bond fide intended for shipment to a foreign port,
may be, by treaty, certified by the British subject interested, and exempted by
payment of the half dutv from all charges demanded upon it en route. If produce be
not the property of a British subject, or is being carried to a port not for exportation,
it is not entitled to the exemption that would be secured it by the exhibition of a
transit duty certificate. The British Minister is prepared to agree with the Tsung-li
Yamen upon rules that will secure the Chinese Government against abuse of the
privilege as affecting produce.
The words nei-ti (inland) in the clause of Article VII. of the Rules appended to
the Tariff, regarding carriage of imports inland, and of native produce purchased
inland, apply as much to places on the sea coasts and river shores as tosplaces in the
interior not open to foreign trade; the Chinese Government having the right to make
arrangements for the prevention of abuses thereat.
5. —Article XLV. of the Treaty of 1858 prescribed no limit t
which a drawback may be claimed upon duty-paid imports. The British Minister
agrees to a term of three years, after expiry of which no drawback shall be claimed.
6. —The foregoing stipulation, that certain ports are to be opened to foreign trade,
and that landing and shipping of goods at six places on the Great River is to be
sanctioned, shall be given effect to within six months'after receipt of the Imperial
Decree approving the memorial of the Grand Secretary Li. The date for giving effect
t > the stipulations affecting exemption of imports from lehin taxation within the for-
eign settlements and the collection of lehin upon opium by the Customs Inspectorate
at the same time as the Tariff Duty upon it, will be fixed as soon as the British Gov-
ernment has arrived at an understanding on the subject with other foreign Governments.
7. —The Governo • of Hongkong haying long complained of t
the Cant >n Customs Revenue Cruisers with the junk trade of that Colony, the Chinese
Government agrees to the appointment of a Commission, to consist of a British Consul,
an odicer of the Hongkong Government, and a Chinese official of equal rank, for
the establishment of some system that shall enable the Chinese Government to
protect its revenue without prejudice to the interests of the Colony.
Separate Article
Her Majesty’s Government having it in contemplation to send a Mission of
Exploration next year by way of Peking through Kan-su and Koko-Nor, or by way of
Ssu-chuen, to Thibet, and thence to India, the1 Tsung-li Yamen, having due regard
to the circumstances, will, when the time arrives, issue the necessary passports, and
will address letters to the high provincial authorities and to the Resident in Thibet.
If the Mission should not be sent by these.routes,,but should be proceeding across
the Indian frontier to Thibet, the Tsung-li Yamen, on receipt of a communication to
the above effect from the British Minister, will write to the Chinese Resident in
Thibet, and the Resident, with due regard to the circumstances, will send officers to
take due care of the Mission; and passports for the Mission will be issued by tho
Tsung-li Yamen, that its passage be not obstructed.
Done at Chefoo, in the province of Shan-tung, this thirteenth day of September^
in the year of Our Lord One Thousand Eight Hundred and Seventy-six.
[l.s.J Thomas Francis Wade.
rL.s.] Li Hcng-chano.
THE CMEFOO CONVENTION, 1876 17
Additional Articles to the Ayreemeut between Great Britain and China
Signed at Chefoo on th» 13M September, 1876
Signed at London, 18th July, 1885
The Governments of Great Britain ami of China, considering that the arrange-
ments proposed in Clauses 1 and 2 of Section III. of the Agreement between Great
Britain and China, signed at Chefoo on the 13th September, 1876 (hereinafter
referred to as the “ Chefoo Agreement ”), in relation to the area within which lekin
ought not to be collec'ed on foreign goods at the open ports, and to the definition of
the Foreign Settlement area, require further consideration; also that the terms of
Clause 3 of the same section are not sufficiently explicit to serve as an efficient regula-
tion for the traffic in opium, and recognizing the desirability of placing restrictions
on the consumption of opium, have agreed to the present Additional Article.
1. —As regards the ai-rangements above referred to and proposed
and 2 of Section III. of the Chefoo Agreement, it is agreed that they shall be reserved
for further consideration between the two Governments.
2. —In lieu of the arrangement respecting opium proposed in Clause
II. of th- Chefoo Agreement, it is agreed that foreign opium, when imported into
China, shall be taken cognizance of by the Imperial Maritime Customs, and shall be
deposited in bond, either in warehouses or receiving-hulks which have been approved
■of by the Customs, and that it shall not be removed thence until there shall have
been paid to the Customs the Tariff duty of 30 taels per chest of 100 catties, and also
a sum not exceeding 80 taels per like chest as lelcin.
3. —It is agreed that the aforesaid import and lekin duties having b
■owner shall be allowed to have the opium repacked in bond under the supervision of
the Customs, and put into packages of such assorted sizes as he may select from such
sizes as shall have been agreed upon by the Customs authorities and British Consul
at the port of entry.
The Customs shall then, if required, issue gratuitously to the owner a transit cer-
tificate for each such package, or one for any number of packages, at option of the owner.
Such certificates shall free 1 he opium to which it applies from the imposition of
any further tax or duty whilst in transport in the interior, provided that the package
has not been opened, and that the Customs seals, marks, and numbers on the packages
bave not been effaced or tampered with.
Such certificate shall have validity only in the hands of Chinese subjects, and
shall not entitle foreigners to convey or accompany any opium in which they may
be interested into the interior.
4. —It is agreed that the Regulations under which the said certifica
issued shall be the same for all the ports, and that the form shall be as follows:—
“ Opium Transit Certificate.
“ This is to certify that Tariff and lekin duties at the rate of taels per chest
■of 100 catties have been paid on the opium marked and numbered as under; and
that, in conformity with the Additional Article signed at London the 18th July, 1885,
and appended to the Agreement between Great Britain and China signed at Cbefoo
the 13th September, 1876, and approved by the Imperial Decree printed on the back
thereof, the production of this certificate will exempt the opium to which it refers,
wherever it may be found, from the imposition of any further tax or duty whatever,
provided that the packages are unbroken, and the Customs seals, marks, and numbers
have not been effaced or tampered with.
“ Mark, No.
X — 00 packages
“ Port of
“ Date *entry, “ Signature of Commissioner of Customs.”
5. —The Chinese Government undertakes that when the packages sh
■ opened at the pla-e of consumption, the opium shall not be subjected to any tax or
18 THE CHEFOO CONVENTION, 1S76
contribution, direct or indirect, other than or- in excess of such tax or contribution?
as is or may hereafter be levied on native opium.
In the event of such tax or contribution being calculated ad valorem, the same-
rate, value for value, shall be assessed on foreign and native opium, and in ascertaining
for this purpose the value of foreign opium the amount paid on it tor lekin at the
port of entry shall be deducted fi-om its market value.
6. —It is agreed that the present Additional Article shall b
part of the Ohefoo Agreement, and that it shall have the same force and validity as
if it were therein inserted word for word. It shall come into operation six months-
after its signature, provided the ratifications have then been exchanged, or if they
have not, then on the date at which such exchange takes place.
7. —The arrangement respecting opium contained in the pr
shall remain binding for four years, after the expiration of which period either
G-overnment may at any time give twelve months’ notice of its desire to determine it,
and, such notice being given, it shall terminate accordingly. It is, however, agreed'
that the Government of Great Britain shall have the right to terminate the same at
any time should the transit certificate be found not to confer on the opium complete-
exemption from all taxation whatsoever whilst being carried from the port of entry
to the place of consumption in the interior. In the event of the termination of the
present Additional Article the arrangement with regard to opium now in force and
the regulations attached to the Treaty of Tientsin"shall revive.
8. —The High Contracting Parties may, by common conse
tions of the provisions of the present Additional Article which experience may show
to be desirable.
9. —It is undet sto id that the Commission provided for in
of the Chefoo Agreement to inquire into the question of prevention of smuggling'
into China from Hongkong shall be appointed as soon as possible.
10. —The Chefoo Agreement, together with, and as
Additiona Article, shall be ratified, and the ratifications shall be exchanged at London
as soon as possible.
In witness whereof the Undersigned, duly authorized thereto by their respective-
Governments, have signed the present Additional Article, and have affixed thereto-
their seals.
Done at London, in quadruplicate (two in English and two in Chinese), this--
18th day of July, 1885, being the seventh day of the sixth moon, in the eleventh year
of the reign of Kwang Hsu.
[l.s.] Salisbury.
[l.s.] Tseng.
The Marquis Tseng to the Marquis of Salisbury.
Chinese Legation, London, ISth July, 1885.
My Lord—In reply to your Lordship’s note of this date, I have the honour to-
state that the Imperial Government accept the following as the expression of the
understanding which has been come to between the Governments of Great Britain-
and China in regard to the Additional Article to the Chefoo Agreement relative to
opium, which has been signed this day:—
1. —It is understood that it shall be competent for Her M
once to withdraw from this new arrangement, and to revert to the system of taxation
for opium at present in operation in China, in case the Chinese Government shall fail to-
bringtheotherTreaty Powers toconform to the provisions of the said Additional Article.
2. —It is further understood that, in the event of the
Additional Article, the Chefoo Agreement, with the exception of Clause 3 of Section
III., and with the modification stipulated in Clause 1 of the said Additional Article,,
nevertheless, remain in force.
THE OPIUM CONVENTION
Me'itoraurluin of the basis of Agreement arrived at after discussion between Mr.
James Russel!, Puisne Judge of Hongkong; Sir Robert Hart, k.c.m.g., Inspector-
■General of Customs, and Shao Taotai, Joint: Commissioner^ , for China; and Mr.
Byron Brenau, Her Majesty’s Consul at Tientsin, in pursuance of Article 7, Secton
III. of the Agreement between Great Britain and China, signed at Cnefo > on the 15th
September, 1876, and of Section 9 of the Additional Article to the said Agreement,
■signed at London on the 18th July, 188-5.
Mr. Russell undert ikes that the Government of Hongkong shall submit to the
Legislative Council an Ordinance * for the regulation of the trade of the Colony in
Ra v Opium subject to condition' hereinafter set forth and providing:—
a.—For the prohibi' ion to the import and export of Opium i u quantities less than 1 chest, f
•b.—For rendering illegal the possession of Raw Opium, its custody or control in quan-
tities less than one ehe-t, except by the Opium Farmer.
c. —That all Opium arriving in the Colony be reported to the Harbour Master, and tha
no Opium shall betianshipped, landed, stored or moved froni one store to another, or re-
exported without a permit from i he Harbour Master, and notice to the Opium Farmer.
d. —For the keeping by Importers, Exporters, and Godovvn Owners, in such form a
the Governor may require, books showing the movements of Opium.
■e.—For taking stock of quantities in, the stores, and search for deficiencies by the
Opium Farmer, and for furnishing to the Harbour Master returns ot stocks.
f.—For amendment of Harbour Regulations, as to the night clearances or junks.
The conditions on which it is agreed to submit the Ordinance are —-
a.—That China arranges with Macao for the adoption of equivalent measures.
■b.—That the Hongkong Government shall be entitled to repeal the Ordinance if it
be found to be injurious to the Revenue or to the legitimate trade of the Colony.
,c.—That an Office under the Foreign Inspectorate shall be established on Chinese
Territory at a convenient spot on the Kowloon side for sale of Chinese Opium Duty
Certificates, which shall be freely sold to all comers, and for such quantities of
Opium as they may require.
d.—That Opium accompanied by such certificates, at the rate of not more than Tls.
110 per picul, shall be free from all further imposts of every sort, and have all the
benefits stipulated for by the Additional Article on behalf of Opium on which duty
has been paid at one of the ports of China, and that it may be made up in sealed
parcels at the option of the purchaser.
.<3.—-That junks trading between Chinese ports and Hongkong and their cargoes shall
not be subject to any dues or duties in excess of those leviable on junks and their
cargoes trading between Chinese ports and ••Macao, and that no dues whatsoever
shall be demanded from junks coming to Hongkong from ports in China, or pro-
ceeding from Hongkong to ports in China, over and above the dues paid or payable
at the ports of clearance or destination.
/.—That the Officer of the Foreign Inspectorate, who will be responsible for the
management of the Kowloon Office, shall investigate and settle any complaints
made by the junks trading with Hongkong against the Native Customs Revenue
Stations or Cruisers in the neighbourhood, and that the Governor of Hongkong, if
he deems it advisable, shall be entitled to send a Hongkong Officer to be present at
and assist in the investigation and decision. If, howeve'1, they do not agree, a
reference may be made to the Authorities at Peking for joint decision.
Sir Robert Hart undertakes, on behalf of himself and Shao Taotai (who was com-
jt.elled by unavoidable circumstances to leave before the sittings of the Commission
were terminated), that the Chinese Government shall agree to the above conditions.
The undersigned are of opinion that if these arrangements are fully carried out,
.a fairly satisfactory solution of the questions connected with the so-called “Hong-
kong Blockade ” will have been arrived at.
Signed in triplicate at Hongkong, this 11th day of September, 1886.
•“See Ordinance 22 of 1887. tA modification allowing export in smaller qn mtitiesthau oneches-t was subsequently agreed to.
THE CHUNGKING AGREEMENT, 1890
ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT
BRITAIN AND CHINA OF SEPTEMBER 13th, 1876
Ratifications Exchanged at Peking, 18th January, 1891
Thf* Governments of Great Britain and China, being desirous of settling in ;irt
amicable spirit the divergence of opinion which has arisen with respect to the First
Clause of the Third Section of the Agreement concluded at Chefoo in 1876, which
stipulates that “ The British Government will be free to send officers to reside at
Chungking to watch the conditions of British trade in Szechuan, that British mer-
chants will not be allowed to reside at Chungking, or to open establishments or
warehouses there, so long as no steamers have access to the port, and that when
steamers have succeeded in ascending the river so far, further arrangements can be
taken into consideration,” have agreed upon the following Additional Articles:—
I. —Chungking shall forthwith be declared open to trade on
any other Treaty port. British subjects shall bj at liberty either to charter Chinese
vessels or to provide vessels of the Chinese type for the traffic between Ichang and
Chungking.
II. —Merchandise conveyed between Ichang and Chungkin
of vessels shall be placed on the same footing as merchandise carried by steamers
between Shanghai and Ichang, and shall be dealt with in accordance with Treaty
Tariff’ Rules, and the Yangtsze Regulations.
III. —All regu'ations as to the papers ami flags to be
above description, as to the repackage of goods for the voyage beyond Ichang and
as to the general procedure to be observed by those engaged in the traffic b« tween.
Ichang and Chungking with a view to insuring convenience and security, shall be -
drawn up by the Superintendent of Customs at Ichang, the Taotai of the Ch’uan
Tung Circuit, who is now stationed at Chungking, and the Commissioners of Customs
in consultation with the British Consul, and shall be liable to any modifications that
may hereafter prove to be desirable and may be agreed upon by common consent.
IV. —Chartered junks shall pay port dues at Ichang and
ance with the Yangtsze Regulations ; vessels of Chinese type, if and when entitled
to carry the British flag, shall pay tonnage dues in accordance with Treaty
Regulations. It is obligatory on both chartered junks and also vessels of Chinese
type, even when the latter may tbe entitled to carry the British flag, to •
take out at the Maritime Custom-house special papers and a special flag
when intended to be employed by British subjects in the transport of goods
between Ichang and Chungking, and without such papers and flag no vessels
of either class shall be allowed the privileges and immunities granted under this
Additi >nal Article. Provided with special papers and flag, vessels of both classes
shall be allowed to ply between the two ports, and they and their cargoes shall be
dealt with in accordance with Treaty Rules and the Yangtsze Regulations. All other
vessels shall be dealt with by the Native Customs. The special papers and flag
issued by the Maritime Customs must alone be used by the particular vessel for
which they were originally issued, and are not transferable from one vessel to ■
another. The use of the British flag by vessels the property of Chinese is strictly
prohibited. Infringement of these Regulations will, in the first instance, render
the offender liable to the penalties in force at the ports hitherto opened under Treaty,
and should the offence be subsequently repeated, the vessel’s special papers and flag
will be withdrawn, and the vessel herself refused permission thenceforward to trade -
between Ichang and Chungking.
V. —^ When once Chinese steamers carrying cargo run "to
steamers shalHn like manner have access to the said port.
THE THIBET-SIKKIM CONVENTION, 1890 21
YI.—It is agreed that the present Additional Article shall be considered as
forming part of the Chefoo Agreement, and as having the same force and validity as
if it were inserted therein word for word. It shall be ratified, and the ratifications
exchanged at Peking, and it shall come into operation six months after its signature,
provided the ratifications have then been exchanged, or if they have not, then on
the date at which such exchange takes place.
Pone at Peking in triplicate (three in English and three in Chinese), this
thirty-first day of March, in the year of our Lord one thousand eight hundred and
ninety, being the eleventh day of the Second Intercalary Moon of the sixteenth year
of Kuang Hsu,
[l.s.] John Walsham [l.s.] Signature of Chinese
Plenipotentiary.
THE THIBET-SIKKIM CONVENTION, 1890
Ratified in London, 17th August, 1890
Art, I.—The boundary of Sikkim and Thibet shall be the crest of the mountain
range separating the waters flowing into the Sikkim Teesta and its affluents from
the waters flowing into the Thibetan Machu and northwards into other rivers of
Thibet. The line commences at Mount Gipmochi on the Bhutan frontier, and follows-
the above-mentioned water-parting to the point where it meets Nepaul territory.
Art, II.—It is admitted that the British Government, whose protectorate over
the Sikkim State is hereby recognised, has direct and exclusive control over the
internal administration and foreign relations of that State, 'and except through
and with the permission of the British Government neither the ruler of the State
nor any of its officers shall have official relations of any kind, formal or informal,
with any other country.
Art. III.—-The Government of Great Britain and Ireland and the Government
of China engage reciprocally to respect the boundary as defined in Article 1. and to
prevent acts of aggression from their respective sides of the frontier.
Art. IY.—-The question of providing increased facilities for trade across the
Sikkim-Thibet frontier will hereafter be discussed with a view to a mutually
satisfactory arrangement by the high contracting Powers.
Art. V.—The question of pasturage on the Sikkim side of the frontier is
reserved for further examination and future adjustment.
Art. VI.—The high contracting Powers reserve for discussion and arrangement
the method in which official communications between the British authorities in
India and the authorities in Thibet shall be conducted.
Art. VII.—Two Joint Commissioners shall within six months from the ratifica-
tion of this Convention be appointed, one by the British Government in India, the-
other by the Chinese Resident in Thibet. The said Commissioners shall meet and
discuss the questions which by the last three preceding articles have been reserved.
Art. VIII.—The present Convention shall be ratified, and the ratifications shall
be exchanged in London, as soon as possible after the date of the signature thereof.
THE BUKMAH CONVENTION
Signed at Peking, 4th February, 1897
In consideration of the Government of Great Britain consenting to waive its-
objections to the alienation by China, by the Convention with France of June 20th.
1895, of territory forming a portion of Riang Hung, in derogation of the provision*
‘2.-Z THE BURMAH CONVENTION
-of the Convention between Great Britain and China of March 1st, 1894, it has been
agreed between the Governments of Great Britain and China that the following
additions and alterations shall be made in the last-named Convention, hereinafter
■referred to as the Original Convention.
(Articles T. to XL. refer to the Burmah Frontlet and trade across it between Burma
and Yunnan.)
Art. XII. (Providing for the free navigation of the Irrawady by Chinese
vessels).— Add as follows:— The Chinese Government agree hereafter to
■consider whether the conditions of trade justify the construction of railways in
Yunnan, and in the event of their construction, agrees to connect them with the
Burmese lines.
Art. XIII.—Whereas by the Original Convention it was agreed that China
might appoint a Consul in Burmah to reside at Rangoon, and that Great Britain
might appoint a Consul to reside at Manwyne, and that the Consuls of the two
Governments should each within the territories of the other enjoy the same
privileges and immunities ns the Consuls of the most favoured nation, and further
That in proportion as the commerce between Burmah and China increased, additional
Consuls might be appointed by mutual consent to reside at such places in Burmah
'and Yunnan as the requirements of trade might seem to demand.
It has now been agreed that the Government of Great Britain may station a
Consul at Momein or Shunning Fu as the Government of Great Britain may prefer,
instead of at Manwyne as stipulated in the Original Convention, and also to station
a Consul at Szumao.
British subjects and persons under British protection may establish themselves
and trade at these places under the same conditions as at the Treaty Ports in
China.
The Consuls appointed as above shall be on the same footing as regards
correspondence and intercourse with Chinese officials as the British Consuls at the
Treaty Ports.
Art. XIY. (Providing for issue of passports by the Consuls on each side of the
frontier).—Instead of “ Her Britannic Majesty’s Consul at Manwyne in the Original
•Convention read “ Her Britannic Majesty’s Consul at Shunning ‘ or Momein,’ ”
in accordance with the change made in Article XIII.
Failing agreement as to the terms of revision the present arrangement shall
remain in force.
Special Article.
Whereas on the twentieth day of January, one thousand eight hundred and
ninety-six, the Tsuug-li Yamen addressed an official despatch to Her Majesty’s
Charge d’Affaires at Peking, informing him that on the thirtieth day of December,
one thousand eight hundred and ninety-five, they had submitted a Memorial
respecting the opening of ports on the West River to foreign trade, and had received
. an Imperial Decree in approval of which they officially communicated a copy.
It has now been agreed that the following places, namely, Wuchow Fu in
Kwangsi, and Samshui city and Bongkun Market in Kwangtung, shall be opened as
Treaty Ports and Consular Stations with freedom of navigation for steamers between
.Samshui and Wuchow and Hongkong and Canton by a route from each of these
latter places to be selected and notified in advance by the Maritime Customs, and
that the following four places shall be established as ports of call for goods and
passengers under the same regulations as the ports of call on the Yangtsze River,
namely, Kongmoon, Kamchuk, Shiuhing and Takhing.
It is agreed that the present Agreement, together with the Special Article, shall
come into force within four months of the date of signature, and that the ratifications
thereof shall be exchanged at Peking as soon as possible.
In witness whereof the undersigned duly authorised thereto by their respective
. Governments have signed the present agreement.
KOWLOON EXTENSION AGREEMENT, 1898 23-
Done at Peking in triplicate (three copies in English and three in Chinese),
the fourth day of February in the Year of our Lord one thousand eight hundred-
and ninety-seven.
(Sd.) CLAUDE M. Macdonald. (Seal)
(Hieroglyphic) Li Huxg-chang (Seal)
KOWLOON EXTENSION AGREEMENT, 1898
Whereas it has for many years past been recognised that an extension of Hong-
koug 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 requiretl
for public offices, fortifications, or the like official purposes, it shall be bought at
a fair price.
If cases of extradition of criminals occur they shall be dealt with in accordance
with the existing treaties between Great Britain and China and the Hongkong
Regulations.
The area leased by Great Britain includes the waters of Mirs Bay and Deep
Bay, but it is agreed that Chinese vessels of war, whether neutral or otherwise,
shall retain the right to use those waters.
This Convention shall come into force on the first day of July, eighteen hundred
and ninety-eight, being the thirteenth day of the fifth moon of the twenty-fourth year
of Kwang Hsii. It shall be ratified by the Sovereigns of the two countries, and the
ratifications shall be exchanged in London as soon as possible.
In witness whereof the undersigned, duly authorised thereto by their respective
Governments, have signed the present agreement.
Done at Peking in quadruplicate (four copies in English and in Chinese) the
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 Hsu.
Claude M. Macdonald.
Li Hung-chang ) Members of
Hsu Ting K'uti, J Tsung-li Yamen.
THE WEIHAIWEI CONVENTION, 1898
Ratifications exchanged in London, 5th October, 1898
In order to provide Great Britain with a suitable naval liarbour in North China,
and for the better protection of British commerce in the neighbouring seas, the
Government of His Majesty the Emperor of China agrees to lease to the Government
-of Her Majesty the Queen of Great Britain and Ireland, Weihaiwei, in the province
of Shantung, and the adjacent waters for so long a period as Port Arthur shall
remain in the occupation of Russia.
The territory leased shall comprise the island of Liukung and all other islands
in the Bay of Weihaiwei, and a belt of land ten English miles wide along the entire
coast line of the Bay of Weihaiwei. Within the above-mentioned territory leased
Great Britain shall have sole jurisdiction.
Great Britain shall have, in addition, the right to erect fortifications, station
troops, or take any other measures necessary for defensive purposes, at any points on
or near the coast of the region east of the meridian 121 degrees 40 min. E. of Green-
wich, and to acquire on equitable compensation within that territory such sites as
may be necessary for water supply, communications, and hospitals. Within that
zone Chinese administration will not be interfered with, but no troops other than
Chinese or British shall be allowed therein.
It is also agreecLthat within the walled city of Weihaiwei Chinese officials shall
continue to exercise jurisdiction, except so far as may be inconsistent with naval
and military requirements for the defence of the territoiy leased.
It is further agreed that Chinese vessels of war, whether neutral or otherwise,
-shall retain the right to use the waters herein leased to Great Britain.
» It is further understood that there will be no expropriation or expulsion of the
inhabitants of the territory herein specified, and that if land is required for forti-
fications, public offices, or any official or public purpose, it shall be bought at a fair
price.
This Convention shall come into force on signature. 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.
Claude M. Macdonald.
Prince Chino, Senior Member of theTsung-li Yamen.
Liao Shou Heng, President of Board of Punishments.
Done at Peking in quadruplicate (four copies in English and four in Chinese)
the first day of July, in the year of Our Lord eighteen hundred and ninety-eight,
being the thirteenth day of the fifth moon of the twenty-fourth year of Kuang Hsii.
SUPPLEMENTARY COMMERCIAL TREATY WITH CHINA
Signed at Shanghai, 5th September, 1902
Ratifications exchanged at Peking, 2Sth July, 1903.
His Majesty the King of the United Kingdom of Great Britain and Ireland and of
■ the British dominions beyond the Seas, Emperor of India, and His Majesty the Em-
| peror of China, having i esolved to enter into negotiations with a view to carrying out
1 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
I 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:—
I Art. I.—Delay having occurred in the past in the issue of Drawback Certificates
owing to the fact that those documents have to be dealt with by the Superintendent
of Customs at a distance from the Customs Office, it is now agreed that Drawback
Certificates shall hereafter in all cases be issued by the Imperial Maritime Customs
within three weeks of the presentation to the Customs of the papers entitling the
applicant to receive such Drawback Certificates.
These Certificates shall be valid tender to the Customs Authorities in payment
Iof any duty upon goods imported or exported (transit dues excepted), or shall, m 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 carried1
by junks from Hongkong to the Treaty Ports in the Canton Province and vice versa
shall together not be less than the duties charged by the Imperial Maritime Customs-
on similar goods carried by steamer.
Art. IV.—Whereas questions have arisen in the past concerning the right of'
Chinese subjects to invest money in non-Chinese enterprises and companies, and
whereas it is a matter of common knowledge that large sums of Chinese capital are-
so invested, China hereby agrees to recognise the legality of all such investments past,-
present and future.
:2o THE BRI iTSH COMMERCIAL TREATY WITH CHINA
It being, more jyer, of the utmost importance that all shareholders in a Joint Stock
■Company should stand on a footing of perfect equality as far as mutual obligations
are concerned, China further agrees that Chinese subjects who have or 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 Memoranduna
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 that effect be entered, provided always
that their liability shall not be other or greater than that of British shareholders in
the same Company.
Similarly the British Government agree that British subjects investing in
Chinese Companies shall be under the same obligations as the Chinese shareholders
in such companies.
The foregoing shall not apply to cases which have already been before the Courts
and been dismissed.
Art. V.—The Chinese Government undertake to remove within the next two
years the artificial obstructions to navigation in the Canton River. The Chinese
Government also agree to improve the accommodation for shipping in the harbour of
Canton and to take the necessary steps to maintain that improvement, such work to
be carried out by the Imperial Maritime Customs and the cost thereof to be defrayed
by a tax on goods landed and shipped by British and Chinese alike according to a
- scale to be arranged between the merchants and the Customs Authorities.
The Chinese Government are aware of the desirability of improving the naviga-
bility by steamer of the waterway between Ichang and Chungking, but are also ffully
aware that such improvement might involve heavy expense and would affec the
interests of the population of the provinces of Szechuen, Hunan, and Hupeh. It is,
therefore, mutually agreed that until improvements can be carried out steamship
owners shall be allowed, subject to approval by the Imperial Maritime Customs, to
erect, at their own expense, appliances for hauling through the rapids. Such
appliances shall be at the disposal of all vessels, both steamers and junks, subject to
regulations to be drawn up by the Imperial Maritime Customs. These appliances
shall not obstruct the waterway or interfere with the free passage of junks. Signal
stations and channel marks where and when necessary shall be erected by the
Imperial Maritime Customs. Should any practical scheme be presented for improv-
ing the waterway and assisting navigation without injury to the local population or
cost to the Chinese Government, it shall be considered by the latter in a friendly
spirit.
Art. VI.—The Chinese Government agree to make arrangements to give increased
facilities at the open ports for bonding and for repacking merchandise in bond, and,
on official representation being made by the British Authorities, to grant the privi-
leges of a bonded warehouse to any warehouse which, to the satisfaction of the
Customs Authorities, affords the necessary security to the revenue.
Such warehouses will be subject to regulations, including a scale of fees according
to commodities, distance from Custom-house and hours of working, to be drawn up
by the Customs Authorities who will meet the convenience of merchants so far as is
compatible with the protection of the revenue.
Art. VII.—Inasmuch as the British Government affords protection to Chinese
trade marks against infringement, imitation, or colourable imitation by British
subjects, the Chinese Government undertake to afford protection to British trade
marks against infringement, imitation, or colourable imitation by Chinese subjects.
The Chinese Government further undertake that the Superintendents of Northern
and of Southern trade shall establish offices within their respective jurisdictions under
control of the Imperial Maritime Customs where foreign trade marks may be
registered on payment of a reasonable fee.
Art. VIII.—Preamble. The Chinese Government, recognising that the system
• of levying lekin and other dues on goods at the place of production, in transit, and at
THE BRITISH COMMERCIAL TREATY WITH CHINA 27
destination, impedes the free circulation of commodities and injures the interests of
trade, hereby undertake to discard completely those means of raising revenue with
the limitation mentioned in Section 8.
The British Government, in return, consent to allow a surtax, in excess of the
Tariff ratfs for the time being in force, to be imposed on foreign goods imported by
British subjects, and a surtax in addition to the export duty on Chinese produce
destined for export abroad or coastwise.
It is clearly understood that, after lekin barriers and other stations for taxing
goods in transit have been removed, no attempt shall be made to revive them in any
form or under any pretext whatsoever; that in no case shall the surtax on foreign
imports exceed the equivalent of one and a half times the import duty leviable in
terms of the Final Protocol signed by China and the Powers on the 7th day of Sep-
tember, 1901; that payment of the import duty and surtax shall secure for foreign
imports, whether in the hands of Chinese or non-Chinese subjects, in original packages
or 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 fallowing methods of procedure:—•
Section 1.—The Chinese Government undertake that all barriers of whatsoever
kind, collecting lelcin 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 seabo ird 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-h&uses 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 Gh’ing Hui Tien (Dynastic Institutes), may remain ; a list of the
same,‘with their location, shall be furnished to the British Government, for purposes
of record.
Wherever there are Imperial Maritime Custom-houses, or wherever such may
be hereafter placed, Native Custom-houses may be also established ; as well as at any
points either on the seaboard or land frontiers.
The location of Native Custom-houses in the Interior may be changed as the
circumstances of trade seem to require, but any change must be communicated to the-
British Government, so that the list may be corrected; the originally stated number
of them shall not, however, be exceeded.
Goods carried by junks or sailing-vessels trading to or from open ports shall not
pay lower duties than the combined duties and surtax on similar cargo carried by
steamers.
Native produce, when transported from one place to another in the interior, shall,-
on arrival at the first Native Custom-house, after leaving the place of production, pay
duty equivalent to the export surtax mentioned in Section 7.
When this duty has been paid, a certificate shall be given which shall describe the-
nature of the goods, weight, number of packages, etc., amount of duty paid and
intended destination. This certificate, which shall be valid for a fixed period of not'
THE BEITISH 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 of the export surtax mentioned in Section 7.
Junks, boats, or carts shall not be subjected to any taxation beyond a small and
reasonable charge, paid periodically at a fixed annual rate. This does not exclude the
right to levy, as at present, tonnage (Chuan Chao) and port dues (Chuan Liao) on
junks.
Section 4.—Foreign opium duty and present 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 of each province—either
on land or water—offices for collecting duty on native opium, where duties or contribu-
tions leviable shall be paid in one lump sum ; which payment, shall cover taxation of all
kinds within that province. Each cake of opium will have a stamp affixed as evidence
of duty payment. Excise officers aud 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 ho 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 duly payable for the time
being, in lieu of internal taxation and lekin, may be levied at time of export on goods
. exported either to foreign countries or coastwise.
In the case of silk, whether hand or filature reeled, the total export duty shall not
exceed a specific rate equivalent to not more than five per cent, ad valorem. Half of
this specific duty may be levied at the first Native Custom-house in the interior which
the silk may pass and in such case a certificate shall be given as provided for in Section
3, and will be accepted by the Custom-house concerned at place of export in lieu of
half the export duty. Cocoons passing Native Custom-houses shall be liable to no
taxation whatever. Silk not exported but consumed in China is liable to the Con-
sumption Tax mentioned in Section 8.
Section 8.—The abolition of the lekin system in China and the abandonment of all
other kinds of internal taxation on foreign imports and on exports will diminish the
-. revenue materially. The surtax on foreign imports and exports aud on coastwise
exports is intended to compensate in a measure for this loss of revenue, but there
r
THE BRITISH COMMERCIAL TREATY WITH CHINA 29
em;iins the loss of lekin revenue on internal trade to be met, and it is therefore agreed
that the Chinese Government are at liberty to impose a Consumption Tax on articles
of Chinese origin not intended for export.
This tax shall be levied only at places of consumption and not on goods while in
transit, and the Chinese Government solemnly undertake that the arrangements which
they may make for its collection shall in no way interfere with foreign goods or with
native goods for export. The fact of goods being ot foreign origin shall of itself free
them from all taxation, delay, or stoppage, after having passed the Custom-house.
Foreign goods which bear a similarity to native goods shall be furnished by the
-Custom-house, if required.by the owner, with a protective certificate for each package,
on payment of import duty and surtax, to prevent the risk of any dispute in the
intei'ior.
Native goods brought by junks to open ports, if intended for local consumption—
irrespective of the nationality of the owner of the goods—shall be reported at the
Native Custom-house only, where the consumption tax may be levied.
China is at liberty to fix the amount of this (consumption) tax, which may vary
according to the nature of the merchandise concerned, that is to say, according as the
articles are necessaries of life or luxuries; but it shall be levied at a uniform rate on
goods of the same description, no matter whether carried by junk, sailing-vessel, or
steamer. As mentioned in Section 3, the Consumption Tax is not to be levied within
foreign settlements or concessions.
Section 9.—An excise equivalent to double the import duty as laid down in the
Protocol of 1901 is to be charged on all machine-made yarn and (doth manufactured in
•China, whether by foreigners at the open ports or by Chinese anywhere in Clvna.
A rebate of the import duty and two-thirds of the import surtax is to be given
on raw cotton imported from foreign countries, and of all duties, including Consump-
tion Tax, paid on Chinese raw cotton used in mills in China.
Chinese machine-made yarn or cloth having [»aid excise is to be free of Export
Duty, Export Surtax, Coast Trade Duty, and Consumption fax. This Excise is to be
collected through the Imperial Maritime Customs.
The same principle and procedure are to be applied to all other products of foreign
type turne t out by machinery, whether by foreigners at the open ports or by
Chinese anywhere in China.
This stipulation is not to apply to the out-turn of the Hanyang and Ta Yeh Iron
Works in Hupeh and other similar existing Government Works at present exempt from
taxation; or to that of Arsenals, Government Dockyar 's, or establishments of that
nature for Government purposes which may hereafter be erected.
Section 10.—A member or members of the Imperial Maritime Customs F< reign
Staff shall be selected by each of the Governors-General and Governors, and appointed,
in consultation with the Inspector-General of Imperial Maritime Customs, to each pro-
vince for duty in connection with Native Customs affairs. Consumption Tax, Salt and
Native Opium Taxes. These officers shall exercise an efficient supervision of the work-
ing of these departments, and in the event of their reporting any case of abuse, illegal
exaction, obstruction to the movement of goods, or other cause of complaint, the
Governor-General or Governor concerned will take immed late steps to pur an end to
same.
Section 11.—Cases where illegalaetion as described in this Article is complained of
shall be promptly investigated by an officer of the Chinese Government of sufficiently
high rank, in conjunction with a British officer and an officer of the Imperial Maritime
Customs, each of sufficient standing; and in the event of its being found by a majority
of the investigating officers that the complaint is well founded and loss has been
incurred, due compensation is to be at once paid from the Surtax funds, through the
Imperial Maritime Customs at die 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 COMMERCIAL TRATEY 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-chow) in Kwangtung; and
Kongmoon (Chiang-men) in Kwangtung.
Foreigners residing in these open ports are to observe the Municipal and Police
Regulations on the same footing as Chinese residents, and they are not to be entitled
to establish Municipalities and Police of their own within the limits of these Treaty
Ports except with the consent of the Chinese authorities.
If this Article does not come into operation the right to demand under it the
opening or these ports, with the exception of Kong noon, which is provided for in
Article 10, shall lapse.
Section 13.—Subject to the provisions of Section 14, the arrangements provided
for in this Article are to come into force on 1st January, 1904.
By that date all lekin barriers shall be removed and officials employed in the
collection of taxes and dues prohibited by this Article shall be removed from their
posts.
Section 14.—The condition on which the Chinese Government enter into the
present engagement is that all Powers entitled to most favoured nation treatment in
China enter into the same engagements as Great Britain with regard to the payment
of surtaxes and other obligations imposed by t Ids 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 or who may hereafter become entitled to most
favoured nation treatment in China enter into the same engagements;
(2.) And that their assent is neither directly nor indirectly made dependent on the
granting by China of any political concession, or of any exclusive commercial concession.
Section 15.—Should the Powers entitled to most favoured nation treatment by
China have failed to agree to enter into the engagements undertaken by Great Britain
under this Article by the 1st January, 1904, then the provisions of the Article shall
only come into force when all the Powers have signified their acceptance of these
engagements.
Section 16.—When the abolition of lekin and other forms of internal taxation on
goods as provided for in this Article has been decided upon and sanctioned, an Imperial
Edict shall be published in due form on yellow paper and circulated, setting forth the
abolition of all lekin taxation, lekin barriers and all descriptions of internal taxation on
goods, except as provided for in this Article.
The Edict shall state that the Provincial High Officials are responsible that any
official disregarding the letter or spirit of its injunction shall be severely punished and
removed from his post.
Art. IX.—The Chinese Government, recognising that it is advantageous for the
country to develop its mineral resources, and that it is desirable to attract Foreign as
well as Chinese
signing capital toto initiate
of this Treaty embark inandmining enterprises,
conclude agree within
the revision of the one year from
existing the
Mining
Regulations. China will, with all expedition and earnestness, go into the whole
question of Mining Rules and, selecting from the rules of Great Britain, India, and
other coulitries, 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
THE BRITISH COMMERCIAL TREATY WITH CHINA 31
Chinese subjects and not injuring in any way the sovereign rights of China, shall offer
310 impediment to the attraction of foreign capital, or place foreign capitalists at a
.greater disadvantage than they would be under generally accepted foreign regulations.
Any mining concession granted after the publication of these new Rules shall be
subject to their provisions.
Art. X. —Whereas in the year 1898 the Inland Waters of China were opened to all
such steam vessels, native or foreign, as might be especially registered for that trade
.at the Treaty Ports, and whereas the Regulations dated 28th July, 1898, and Supple-
mentary Rules dated September, 1898, have been found in some respects inconvenient
in working, it is now mutually agreed to amend them and to annex such new Rules
-to this Treaty. These Rules shall remain in force until altered by mutual consent.
It is further agreed that Kongmoon shall be opened as a Treaty Port, and that, in
addition to the places nan ed 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 Pak Tau 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~
ming), 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
igeneral importation of morphia into China, on condition, however, that (he 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 but 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 measure? 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 i-elinquish 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 Ru'e 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
’diberty to prohibit the shipment of rice and other grain from such district.
$2 THE pritish commercial treaty with china
Should any vessel specially chartered to load rice or giaiu 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, andr
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. XV.—It is agreed that either of the High Contracting Parties to this Treaty
may demand a revision of the Tariff at the end of 10 years; but if no demand be made
on either side within 6 months after the end of the first 10 years, then the Tariff shall
remain in force for 10 years more, reckoned from the end of the preceding 10 years,
and so it shall be at the end of each successive 10 years.
Any Tariff concession which China may hereafter accord to articles of the produce
or manufacture of any other State shall immediately be extended to similar articles
of the produce or manufacture of His Britannic Majesty’s Dominions by whomsoever
imported.
Treaties already existing between the United Kingdom and China shall continue
in force in so far as they are not abrogated or modified by stipulations of the present
Treaty.
Art. XVI.—The English and Chinese Texts of the present Treaty have been care-
fully compared, but in the event of there being any difference of meaning between
them, the sense as expressed in the English text shall be held to be the correct sense.
The ratifications of this Treaty, under the hand of His Majesty the King of
Great Britain and Ireland and of His Majesty the Emperor of China respectively shall
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.)
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
Co nmeicial Treaties, to
Sir James Mackay, His Britannic Majesty’s Special Commissioner for the dis-
cussion of Treaty matters.
THE BRITISH COMMERCIAL TREATY WITH CHINA 33
Shanghai: K. H. XXVIIL, 7th moon, 11th day
(Received August 15, 1902,)
We have the honour to inform yon that we have received the following.telegram
from His Excellency Liu, Governor General of the Liang Chiang, on the subject of
Clause II. mutually agreed upon by us :
“ As regards this clause, it is necessary to insert therein a clear stipulation, to the
“effect that, no matter what changes may take place in the future, all Customs’ duties
“ must continue to be calculated on the basis of the existing higher rate of the Haikwan
“ Tael over the Treasury Tael, and that ‘ the touch ’ and weight of the former must be
“ made good.”
As we have already arranged with you that a declaration of this kind should be
embodied in an Official Note, and form an annex to the present Treaty, for purposes of
record, we hereby do ourselves the honour to make this communication.
Anwex A—(2)
Gentlemen, Shanghai, August 18th, 1902.
I have the honour to acknowledge the receipt of your despatch of the 14th instant
forwarding copy of a telegram from His Excellency Liu, Governor-General of the
Liang Chiang, on the subject of Article II. of the new Treaty, and in reply I have the
honour to state that His Excellency’s understanding of the Article is perfectly correct.
I presume the Chinese Government will make arrangements for the coinage of a
national silver coin of such weight and touch as may be decided upon by them.
These coins will be made available to the-public in return for a quantity of silver
bullion of equivalent weight and fineness plus the usual mintage charge.
The coins which will become the national coinage of China will be declared by
the Chinese Government to be legal tender in payment of Customs duty and in
discharge of obligations contracted in Haikwan taels, but only at their proportionate
value to the Haikwan tael, whatever that may be.
I have the honour to be,
Gentlemen,
Your obedient Servant,
Their Excellencies (Signed) Jas. L. Mackay.
Lu Hai-huan and Sheng Hsuan-huai,
etc., etc., etc.
Annex B—(1)
(Translation)
Lit, President of the Board of Works ;
Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of
Works ;
Imperial Chinese Commissioners for dealing with questions connected with the
Commercial Treaties, to
Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.
Shanghai, September 2nd, 1902.
We have the honour to inform you that on the 22nd of August, we, in conjunction
with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, Their
Excellencies Liu and Caang, addressed the followiag telegraphic Memorial to the
Throne:—
“ Of the revenue of the different Provin ;es derived from lehin of all kinds, a
“ portion is appropriated for the service of the foreign loans, a portion for the Peking
“Government, aid t ie La'.anci is reserved f>r the local expenditure of the Provinces
“ concerned.
34 THE BRITISH COMMERCIAL TREATY WITH CHINA
“ fn the negotiations now being conducted with Great Britain for the amendment
“ of the Commercial Treaties, a mutual arrangement has been come to providmor for
“ the imposition of additional taxes, in compensation for the abolition of all kinds of
“lehin 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 dedvel from
“ lekin and other imposts on goods, it is further stipulated that the surtaxes shall not
“ be appropriated for other purposes, shall not form part of the Imperial Maritime
‘‘Gusto ns revenue proper, and shall in no case be pledged as security for any new
“ foreign loan.
“ It is therefore necessary to memorialize for the issue of an Edict, giving effect
“ to the above stipulations and directing the Board of Bevenue to find out what
“proportion of the provincial revenues derived from lekin of all kinds, now about
“ to be abolished, each Province has hitherto had to remit, and what proportion it
“ has been entitled to retain, so that, when the Article comes into operation, due
“ apportionment may be made accordingly, thus providing the Provinces with funds
“ available for local expenditure and displaying equitable and just treatment towards
“all.”
On the 1st instant an Imperial Decree “ Let action, as requested, be taken,”
was 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
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 Tour Excellencies will send me a reply to this despatch and that you will
agree to this correspondence forming part of the Treaty as an Annex.
I have the honour to be,
Gentlemen,
Your obedient servant,
(Signed) Jas. L. Mackay.
Their Excellencies,
Lu Hai-huan and Sheng Hstjan-huai,
etc., etc., etc.
THE BRITISH COMMERCIAL TREATY WITH CHINA 35
Annex B—(3)
(Translation)
Lit, President of the Board of Works;
Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of
Works;
Imperial Chinese Commissioners for dealing with questions connected with the
Commercial Treaties, to
Sir James L. 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 p irtions thereof as would have to be remitted t >
Peking in place of the contributions hitherto payable out of lekin revenue. The
amount, therefore, of the allocation due to the Provinces, arranged between them and
the Hoard of Reven e, will be retained in the hands of the Maritime Customs, who
wid await the instructions of the Provinces in regard to the remittance of such
portion thereof as may be necessary to fulfil their obligations, and (on receipt of
these instructions) will send forward the amount direct. The balance will be held
to the order of the Provinces.
In so far as lekin is pledged to the service ol the 1898 loan, a similar method of
procedure will be adopted.
As you request that this correspondence be annexed to the Treaty, we have the
honour to state that we see no objection to this being done.
Annex C
INLAND WATERS STEAM NAVIGATION
Additional Rules
1. —British steamship owners are at liberty to lease warehouses
banks of waterways from Chinese subjects for a term not exceeding 25 years, with
option of renewal on terms to be mutually arranged. In cases where British mer-
chants are unable to secure warehouses and jetties from Chinese subjects on satis-
factory terms, the local officials, after consultation with the Minister of Commerce,
shall arrange to provide these on renewable lease as above mentioned at current
equitable rates
2. —Jetties shall only be erected in such positions that they wi
inland waterway or interfere with navigation, and with the sanction of the nearest
Commissioner of Customs ; such sanction, however, shall not be arbitrarily withheld.
3. —British merchants shall pay taxes and contributions on the
jetties on the same footing as Chinese proprietors of similar properties in the neigh-
bourhood. British merchants may only employ Chinese agents and staff to reside in
warehouses so leased at places touched at by steamers engaged in inland traffic to
carry on their business ; but British merchants may visit these places from time to
time to look after their affairs. The existing rights of Chinese jurisdiction over
Chinese subjects shall not by reason of this clause be diminished or interfered with
in any way.
4. —Steam vessels navigating the inland waterways of China sh
for loss caused to riparian proprietors by damage which they may do to the banks
2*
36 THE BRITISH COMMERCIAL TREATY WITH CHINA
or works on them and for the loss which may be caused by such damage. In the
event of China desiring to prohibit the use of some particular shallow waterway b v
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
such works, which would be detrimental to the water service of the local people.
5. —The main object of the British Government in desiring
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 a
been forbidden, to carry contraband goods. Infraction of this rule will entail the
penalties prescribed in the Treaties for such an offence, and cancellation of the Inland
Waters Navigation Certificate carried by the vessels, which will be prohibited from
thereafter plying on inland waters.
7. - As it is desirable that the people living inland should be disturbed as little
as possible by the advent of steam vessels to which they are not accustomed, inland
waters not hitherto frequented by steamers shall be opened as gradually as may be
convenient to merchants and only as the owners of steamers may see prospects of
remunerative trade.
In cases where it is intended to run steam vessels on waterways on which such
vessels have not hitherto run, intimation shall be made to the Commissioner of
Customs at the nearest open port who shall report the matter to the Ministers of
Commerce. The latter, in conjunction with the Governor-General or Governor of
the Brovince, 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 po
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 steam
and crew of any boat towed shall he Chinese. All boats, irrespective of ownership,
must be registered before they can proceed inland.
10. —These Rules are supplementary to the Inland Steam
of July and September, 1898. The latter, where untouched by the present Rules,
remain in full force and effect; but the present Rules hold in the case of such of the
former Regulations as the present Rules affect. The present Rules, and the
Regulations of July and September, 1898, to which they are supplementary, are
provisional and may be modified, as circumstances require, by mutual consent.
Done at Shanghai this fifth day of September, in the year of Our Lord, 1902,
corresponding with the Chinese date, the fourth day of the eighth moon of the
twenty-eighth year of Kwang Hsu.
[l.s.] Jas. L. Mac’sat.
R&VISED IMPORT TARIFF FOR THE TRADE
OF CHINA, 1919
Note.—If
exceeding those any of thethe
specified, articles
Dutyenumerated in this inTariff
is to be calculated are imported
proportion to the inmeasurements
dimensions
as defined.
I
CottonGoods. and Cotton Per T-Cloths,
ins. but Grey,
not over 3734 :| Per
over
ins. by 25 Native
yds Cot-] Piece |
Cotton Piece Goods, Grey. 1 Imitation
ton Cloth (including |
Grey Shirtings Machine-made), 24 notins. Grey,
Sheetings,
ins.a. Weight not overand40
by 41 yds:—
not
and over
with wide
more
7 Jt>. and | Piece than 110
squareFlannel threads
inch or Flan- per | Picul 1.60
b. „ under overover
not 7 lb. and Cotton
nelette of Plain or
c. „ not 9 lb.119and
overover lb. ,>
lb. ;
Tivill
a. Not Weave,
over Grey:—
32 ins. by
Grey Shirtings and 31 yds32 ins. but | Piece j
b. . Over 0.17
40Sheetings,
with ins. by
more 41 not
yds.
than
oyer
and
110 ||| not'
31 ydsover 40 ins. by j| 0.24
threads
inch:— per square \ Cotton Piece(irrespective
Goods, White j
a. Woght over or Dyed
and
12A not 11over lb. j offinish).
b. „ and overlbnot12}over lb. ;ii „ Plain
and
’
White Shirtings
Sheetings, not over|Ji
15* 37 ins. by 42 yds 0.21
Greyc. „Shirtingsoverlb15* lb....
and40 „
„ White Irishes,
37 ins.and by 42 yds not overj| 0.25
Sheetings, not over Drills
hot over 31Jeans, ins. White,
by 32 j
ins.
with by .41threads
yds. andor 0.16
less per110square
o. Weight overinch:— Drills and Jeans,
not over 31 ins. by 42 |White,
and
15*lb not 11over lb. yd*
T-Cloths, White, and32ijJ
0.22
b. and „ over 15*Grey,
lb.... Mexicans, not
ins. by 41Piques, over
yds Vtst-Jj 0.18
Drills
not over 31Jeans,
ins. by 31 Dimities,
yds ings.
Bedford Quiltings,
Cords, and i
Wbybite,
Drills
not and31Jeans,
over ins. Grey,41
by not over 30 ins. 30 j
yds.: — 12J lb. and
a. Weight yds
Cambrics, Lawns, and
b. „ under
over 12f Muslins, White,
ins. Plain,
T-Cloths, byGrey,
34a.ins.Weight notlbover
25 7yds.:
not
yds over-46Lawns,
Cambrics,
by 12
and
lb. —and Muslins,not White,
gured, over 46 F:-
ins.
! b. „ under over 7 lb. ... by 12 yds
EEVISED IMPORT TARIFF
No. Name Article. Tariff Uhit and
Per Hk. I
18 Cambrics, Lawns, and 7 Cotton cluding CrapeOatmeal(not in-
Mu-lins,
orins.Figured, Dyed. Plain Ciapes),Groy, 1 bached.
19 White yds Plain 46or
byor12Dyed, not over Value 5 % Dyed,
in the Printed,
a. Not
Yarn: — or Dyed
Figured
Lawns, Muslins, Cambrics, Lim- wide 15 ins.15 ins.
b. Over
over
but Value 5 %
brics,
cades, Pongees,
and Striped,Bro- not over 30 ins.
wide Italians, Sat- Yard 0.005S
Spotted, Shirtings:
Figured Corded, and — Eastings,
teens. Ribs,Beatrice' ords,
a. Not over 30 ins. by Moreens,
Twills, Tientsin
31
b. Over yds 30 ins. but Piece 0.22 Satteen
Stripes, Drills,
Repps, Sattanens,i
Twil
not
42 ydsover 37 ins. by 0.25 Imitation (Weft-faced)
20 Lenos, V enetians. White or
not overWhite 3 L ins.or byDyed,30 0.11
Dyed,
not overPlain
33 orins.
Figured,
by 33
yd?
21 Leno yds. and Venetians,
or DyedBrocades, W hite
|j Poplins
White
22 Dyed
Sheetings, Shirtings
Plain:— and 5% not
yds. overor33Dyed,
ins. byPlain,33
a. Not over
33 yds 30 ins. by Poplins and Venetians,
b. Not over 30 ins. and Piece O.U ji by White not
gured, or over
Dyed, Fi-
33 ins.
overover
not 33 43yds.yds.but 33 yds
c. Not 0.18 Cotton Flannel, or Flan-
21 ydsover3636ins.ins.
d. Not
over by
0.11 nelette,Weave:—
Twill of Plain or
and 1. White, Dyed, or
e. Not not< verover
butover 21 yds.
36yds.ins.33yds.
and 0 17 Printed,
inclusive
the Yarn, or Dyed ex-
oyer 33 but’ of
orPrintsReversible Duplex
not over 43 yds.... 0.22
Dyed
Plain:— Drills and Jeans, a. Not
15 ydsover: 25 ins. by 0.07
a. Not over
by 33over 31 ins.
yds31 ins. 0.18 b. Over 25 30ins.ins.but
b. Not and not over
15 yds25 ins. but not by 0.085
over 3343yds.
overT-Cloths, yds butEm- not c. Over
24 Dyed 0.23 over
yds 30 ins. by 31 0.18
bossed Cantoons,
cianos.Turkey
Real and Alpa-
Imita- d. Over
not over30 36ins.ins.but
by
tion
over 32 ins. by Reds,
25 yds.:— not 15 yds30 ins. but not
e. Over 0.10
a. Weight under 3£ lb. and over 36 ins. by 31
yds 0.22
b. „ not overover 3£ lb.5|but 0.094 2. Duplex, or Rever-
c.
Mercerised„ over Crimps, lb. lb.... 0.12
0.17 Dyed sible
Stripes:—
Prints
Cotton Spanish 5%
White,
ed, over Dyed, or
Plain32orins.Figured, Print- a. Not over 32 ins.
2d yds32 ins. but not by 0.11
not
yds by 32 b. Over
over 64 ins. by 2j
Oatmeal
or-Dyed, Crapes, White ydsCotton Velvets 0.22
gured,
by 33 yds notPlain
v. ver 33or ins. Fi- Dyed
and Velveteens, Pliin, 0.014r
not over 26 ins. wide...
REVISED IMPORT TARIFF 39
i| Cotton Velvets
vetecns, and Vel-
Printed, Fi- J Per Venetians,
Eastings, Printed
Printed
iI gured, or Em'
Velvet Corduro\
and iossed, S|
Velveteen Beatrice Twills,
edPoplins,Cords, Printed Print-
Cord-, s, Fus- Printed32
1I tians. Moleskins, and ! Moreens, not over
Plushes
Canvas, CottonDuck),
(includ- I Value ins. by 30 yds
Printed Flannelette.
ing Cotton for
Sails, etc or Knitted j Yard | See No. 31.
Duplex orof Reversible
Stockinette Prints
Weavenotandover oneShirting
Tissue
a.b. Not
RaisedRaised ;
Picul 2.20
Value only,
by 30 yds 32colour
ins.
5% Printed Velvets and
Velveteens.
34. Domestic See No.
Printed Cambrics,Print- Printed
tonnes, PrintedPrintedCre-
Sat-
ed Lawns, Printed teen Cretonnes
Repp Cretonnes,
Muslins, Printed Shirt- Printed Embossed
ings,PrintedSheetings,
Printed T-Cloths (in- Figures, Printed Art
cluding
Bluethose
asPrinted known
andP-Cloths),
White MuslinsPrinted
Cloth, and Casement
Cotton
PrintedPrinted
Drills. Diagon-
Printed Coatings,
and Trouserings,
Gabardines, andor
Jeans,
alPrinted
TwillSilesias,Print-
Cretonnes, all other
Reversible DuplexPrints.
except those enumerat-
ed in Classes 37 and See' 42.
edRepps(not
Repp Cretonnes) including 5%
a. wide
Not over 20: —ins. Value Printed
No.
Printed 4V Blaubets.
Handkerchiefs.
b. not
Overover20 46ins.ins.but by j Piece SeeTheNo.term48. “ Printed ”
12
Overydsover20 32ins.ins.but
c. not inPigment
this TariffStyle,includes
Direct
by Printing
Style, Style,
Discharge Steam
Style,
d. 30Over
yds 32 ins. but Madder
Resist or Dyed
Style, Style,
Resist
not over 42 ins. by
30 yds Padsoforth,irrespective
Style, Metal Style,
Printed
Crimps. SeeMercerised
No. 25. and
of Thefinish.term “Duplex or
Printed
and Oatmeal Crapes
Oatmeal Crape Reversible Print” allin
Cretonnes,
ins. by 30Cottonnot over 32
yds this Tariff include;
Printed Crapes. Printed
(a) a < 'ottons pattern
different having
See No. 27.
Printed Turkey Reds, printed
the on each
cloth,on (b) thesidessameofof |i
side
Real overand31 Imitation, design
the cloth, both
not
yds
Printed
ins. by 25
0.10 printed
more rollers. with whether
one or !I
31 ins. byLenos,
30 yds. not over
0.12 Co'tonYarnPiecedyed.Goods,
Printed
Satinets,Satteens Printedand
Brocades
Printed Fancy (including
Woven Cotton
27. Crape. See Mo.
Stripes or Checks), Cotton Flann
Flannelette. See See1,No.
No "l.or
Printed Italians,
ed Dama.sks, Printed Print- Stockinette. 36. i^
40 REVISED IMPORT TARIFF
Cotton
Goods not and otherwise
Cotton
enumerated
No. 598.)Piece Goods also
(see ms. squareins. square j Dozen
Cotton
otherwise not c. Over25
but not over 291{
(see also No.enumerated
598) d. ins.
Oversquare 29 ins.
0.04
Cotton, Raw;
Thread, CottonCotton
Yarn, square
over 31 ins.butsquare.not i; „ 0.052
and ofManufactures
Cotton. I
Ankle-bands, Plain or KnittedClothing
(including that Raised
stitch*-
Decorated
Bags, New. (see also No. 4.00 edwithSilk
with facings Thread and |
529) Plain, Printed,
Blankets, 2,00 other
Raw material)of Silk or jjj Picul
Cotton
orthose
Jacquard (including
withedgea oftaped Singlets
Raised orincluding Drawers,those not j „
whipped
other mater.al), Silkandoror stitched
Threadof and with Silk
Blanket Cloth
Canvas. ings Silk with
or otberfac-1:
Crape.
Counterpanes, SeeSeeNoNo.Honey-
27.35. |i material)
Socks
a. either and Stockings
Not side:Raised :on*— I|
| Dozen
comba. longor Alhambra:
Not over 2£ yds. — !
1. gassed
Made orof Un-j Un-'1 Picul
b. long
0y« r 2$ yds 2. ormercerised
Made MercerisedI’hread'
of Gassed j
Embroidered
Insertion. Edging Machine-orii Thread or stitched
made or Silk embroidered|| „
Flam
31. elette. Seeneither
Handkerchiefs,
No. | b. with
c. Raised
Others..., j| Value „ 57.0O'
%
Embroidered
itialled :— Dyed, In-or
nor Stockinette.
Towels :— See No. 36.
(1.)Printed,
White, b.a. Huckaback
Turkish mb or; Picul
not Hemmed
(but thread with
hem):ins.a
Honeytr. {I „
a.drawn
Not
square over 13 0.011
Thread,
(irrespective
1 a. Sewing
Dyed orof Undyed
finish):
b. butOver not13 ins.over
square18 In ballsCotton:
3-cord or skeins :{; „
c. but ins.
Oversquare
18 ins. square 0,018 6-cord ! „
not over 30
ins. square 2-3-b. On spools or cops: 0.029
0.039'
2. Printed,
White, 0.027
withDyed,
drawn-or 6-cord,
Other ,, „ in jJ „
lengths 0.073-
a.thread Not
square
hem:
over 13 in?, 2. broidery
proportion.
CrochetCotton,
or Em-in j
b. but Overnot 13 ins.over
square18 0 018 skeins or balls j; Picul
ins. Cotton Waste „
c. but Oversquare
18 ins.over
not square30 0.038 1. ofGrey (irrespective j
ins, square 0.043 a. Counts fold):
3. chiefs,
PrintedUnhemmed:
Handker-
b. Counts includingupabove
17to and171| „
a. Not quareover Is ins. and
oludmg 23 and in-!
up to ...I „
0.01
REVISED IMPORT TARIFF 41
Per Hk.
Tls. ! Wool and Cotton Unions. Per j Hk.
c. Counts
and up above
to and 23
in j Union Shirtings, not Yard j 0.024
eluding 35 Picul 1.90 over 33made
Cloth ins. ofwideremanu-
d. Counts above 35 factured
and up to
eludingaboveand in
45 45 Value 52.18% I!| tons. suchWoolBeavers,
Cotton,Vicunas, as Mel-and
2.e.Gassed,
Counts
Dyed, Mercerised
bleached Army
1 Cloths, Cloths,
Leather Union
Cloths,,
etc Presidents
Cloth (including
containing
Hemp, Linen, Silk, small
I| poses), quantity
Wool fornot facing of newa;|i
pur-
and Woollen Goods. wide Cloth, Plainins.or ] „ \ 0.04
i Italian over 56
| stres,
Figured,Orleans,
Alpacas, and Lu- |
Gunny Sicilians Value : 5 %
Hemp„ Bags, „ Old New Picul 50.42%
Value Wool and Woollen Goods.
„New or Hessian Bags, Picul 0.70
7879 Wool, Sheep’s Picul |
Hemp 80 i Blankets andoverRugs24 ins. Pound
Old orCloth
Hessian
Hessian Bags,
50.90% Bunting, not
by 40 ydsnot over 31 0.33
Canvas 81 j| Camlets,
for Sails,ofLinen
Canvas
Hemp orJute,
etc (elastic), Yard 0.019 82 | Flannelins. by 62not yds over 33 0.78
for Tailoringof Hemp or Value 5 % ins. wide 0.024
Tarpaulin 83 Lastings,ed31 ins. Plain,notFigur-
or Creped, over
Jute Yard 0.011 by 32 yds
Silk Goods and Silk 8485 ' LongLlama Braid
Mixtures. ! ins. byElls,25 yds not over 31 | Piece | 0,33
Silk Piece 86 | Russian, Medium,notSuper-
Broad,
orSilk), Plain,Goods (all
Figured, fine, Cloth, and
Silk Brocaded
Plushes and Silk Value 5 % 76Habit
! Spanish ins. wide over 0,076
Velvets, Pure Catty 0.55 87 over 64 ins.Stripes, wide not 0.032
Silk
backSeal, with Cotton AllYarn
Woollen andW orsted
Silk Socks and(includ-
Stock- 0,15 and Cord, in-
ings, Knitted cluding Berlin Wool...
ing those
Artificial Silk)Plushesof
made
Silk Mixture Metals.
and Velvets
ofotherSilk (i.e., made
mixed with Metals.
with fibrous
Cotton material,
back) 8990 |i Aluminium Value | 5 %
Silk andorCotton „ Sheets
White
Piece:— Dyed Satins,
in the 91 Antifriction
Antimony Regulus Metals and
Refined Value Picul 50.70%
a.b. Figured
Plain Catty 0.13
Silk 0.16 iss„ andOre Yellow
Dyedand CottonTarnSatins,
andinnotthe 0,20 94 Bars and
.-Silk
tures Cotton Mix-
otherwise Bolts and Rods
Washers, Nuts,
and Rivets,
Acces-
enumerated
Silk 5% sories
and Ribbons,
Mixtures all Silk Ingots
Nails
42 REVISED IMPORT TARIFF
Old (fit only for re- Value Tacks
manufacture)
Screws
5% Wii Rope, Galvanized j Picul
Sheets and Plates Picul orI with
Ungalvanized;
Tubes
Wire or withoutj|
Copper:— fibre core)
Bars
Bolts, andNuts,
Rods Rivets, i Steel, Tool and Spring:—
1 Bamboo Steel
and Washers
Ingots and Slabs SpringSteel Steel
Nails
Old (fit only for re- Value ; Tool High-speed(including;
Steel i 5 %,
manufacture) Ironvanized:—
and Steel, Gal-!
Sheets and Plates Picul Bolts, Nuts, Rivets andjJ
Tacks
Tubes Washers
Wire„„ Cable 1 70 |; Pipes, Tubes, and Tube!j
Fittings
RopeSteel, Ungal- 5%
Ironvanized
and (not Spring,
includ- Ij Sheets,
Plain Corrugated and j
f Wire
ing
and Bamboo,
Tool Steel)J
Anvils, Swage-blocks,' I Wirewithout Pope fibre(withcore)or
Anchors and Parts(eachof, | (see also No.
and Forgings
weighing | No. Shorts (see 135)..
al o
case
Bolts, 25 lb. orinand every...
over) Iron and Tm 118)Dross
shers Rough Wa-
Castings,
Nuts
50.26% Lead:—
Oldmanufacture)
(fit only for re- Value
Chains,
Cobbles, andWirePartsShorts,
of... 0.38 Pigs
Pipe or Bars Picul 50.45%
Defective Wire, 0.50
Croppings,
Ends, Galvanizedand BarBaror Ij Sheet
Wire Value 50.50%
Ungalvanized j Manganese
Crossings
Fish-plates forand Spikesj|| Value
Railways 50.13% Nickel „ Ferro Picul
Hoops Quicksilver
Old (fit only for re- • Picul
manufacture)
o’.27 Tin :■—
Nail-rod, Pars, Twisted o'.io Compound Value
orTees,Deformed Bars, j[ Dross
Ingots and andRefuse
slabs Picul 0.54
Channels,!
Angles.Joists,Girders, i Pipe
Sheet 52.30
%
2.10
and otherorStructural
Sections Shapes ... ] Tinned Tacks 0.45
Nails, Wire and Cut... 0.21
0.30 „„ Plates, Decorated 0 51
„ Plain
Pig andTubes,
Pipes, Kentledge and Pipe...... jj 0.10
Type„ Metal„ Old 50.39
and
Plate Tube
Cuttings Fittings 50.12% White Metal, or German
Rails
Rivets |! 0.16 Silver:—
Screws
Sheets anandinchPlates ) orof Value 50.31% Bars,Ingots,
Wire and Sheets Picul ! 2.70
„ ! 2.20
thick Zinc
„ and more under Picul Powder and Spelter ... „ I 0.65
IthickofPlatesan inch Sheets
forated), (including
Plates, Per-
and
Boiler Plates „ ! 0.84
REVISED IMPORT TARIFF 48
Name op Article.
Per Hk.
Tls.
Pood, I rink, and
V egetatole | Canned Goods
Medicines. jj Picul
(Incl.
203 ; Asparagus . j>0.88
! Fishery and Sea Products. mediate
jpacldng)
Agar-agar Awabi
Cream
Awabi,
Bicho dein bulk Mar,Spiked ....
Black, porated&Table
Fruits,, orMilk, Eva- j
Sterilised
and Pie i
0.65
0.73
... Milk, Condensed 0.96
„ Black, Spikednot...... 2,00 Canned
enumerated Goods, ...... Un- | 5%
173 Cockles, „ White 1.00 Chocolate j
174
175 Compoy „ DriedFresh 0.69
0.06
2.15
Cocoa
Coffee j
176 Crabs’ Flesh, Dried 0.83 Currants
in bulk and Raisins, Picul 0.63
177 Fish Bones
„ Cod, Dried Value
Picul Fruits, Preserved, in Value
Glass, etc 5%
„„ CuttleDried and Smoked
(not including
Honeyand Jellies
Jams
Dried Codfish and Lard,
Macaroniin bulk
& Vermicelli, Picul
Cuttle-fish) in.bulk 0,46
„„ —i.e.,
Fresh 1st Quality
Maws, Margarine
Meats, Dried and Salted . Value 5%
catty
piece orweighing
over per1 Pork Rind
Sausages, Dry i11
„ —i.e.,
Maws,weighing
2nd Quality Soy
Tea 50,25%
der 1 catty un- per Cereals, Fruits,
„„ pieceSalmon Bellies ... Picul Substances, Seeds,Medicinal
Spices,
. |
Salt
„ Skin Oysters, and Picul 50.18
%
0.64
and Vegetables.
Mussels, Aniseed,
a. 1st Star :—
Quality—value
Clams, Dried
Prawns Hk. Tls. 15 and over j;!
Dried, inand bulkShrimps, 1.10 psr
b. 2nd picul
Seaweed, Cut 0.17 value15Qper u a 1 i t Hk.
under y—
„„„ Prepared
Long 0.L3
Apples,Tls.Fresh ’. picul ...
0,45
Sharks’ RedDorsal and
Fins, Value 51.30% 50.25%
Tail ... Picul 1.93
4.40 Barley,
Beans andPearlPeas
„„,, Skins
„„ Prepared..
Breast
6.40 Betelnuts,
Betel nut DriedDried..
Husk,
o’,24
0,12
5% Bran 0.08
Animal Cereals and FlourMaize,(in-
GoodsProducts, Canned
and Groceries. cluding
Millet, Bailey,
Oats, Paddy,
Rice, Wheat,
Flour Buckwheat
made therefrom; and
Bacon and Hams, in
bulk Powder.. also and
Baking 51.80% Buckwheat
Cornflour and Flour,
Yellow
Beef,
in Corned or Pickled,
Barrels Corn Meal, Rye Flour,
Birds’ Nests, Refuse)
Black and
not Hovis Flour;Arrow-
including but
(inch Nests,
Birds’ Clarified
White ... Catty 0.90
0.15 root and Arrowroot
Butter Picul 2.70 Flour,
Germea,CrackedHominy, Wheat,
44 REVISED IMPORT TARIFF
Pearl
Flour, Barley,
Quaker POats,
tato
Rolled Oa' s. Sago and Olives
Opium, .* of Value 5 %
'1 Fresh
incture
Sago
Wheat, Flour, Shredded
Tapioca and Oranges, Picul 0d8>
Tapioca Peel, Orange,
Black in bulb... 0.65”
Yam Flour)Flour,
Camphor, Crude
and
or
Pepper,
Pepper, White 0.97
l-fiO
Refined (including Potatoes,
Putchuck Fresh 51.90*
%
Shaped)
Camphor, Baroos, Seed, Apricot
234
235 Camphor, Baroes,CleanRe- Value Seed, Lily Flower—i.e
Lotus-nuts ' without
236 Capoor Cutchery Husks
Seed, Lucraban' . 1.00*
237 Cardamom Husk 0.35
238 Cardamoms, Inferior ... Picul 0.25
1.00 Seed,
Seed, Melon
Pine—i' .e: Fir-nuts 0.55’
239
240 Cardamoms,
Cassia Lignea Superior...
and Buds 10.00
0.90 Seed,
Sugar Sesamum
Cane. See No: 00.24.^
24*
Cassia Twigs
Chestnuts 0.18 284.
China-root 50.70% Vegetables,
pared, and Dried,
Salted Pre-
Cinnamon,in inbulkbulk 5.00 5' 1C
245
246 Cloves,
Cloves, Mother 0.90 Sujar.
Cocaine 0.40
50.19% Sugar,
248
249 Galangal Clarified or
Ginseng, No. 11 Brown,
dard, and
under
Dutch“ Green
Stan-
Gleaned:—
1st over
Quality Sugar”
per Hk. —Tls.value25
catty
Sugar,
10 DutchWhite, Standard
over No.
2ndoverQuality —Tls.value11 (including
Sugar) Refined
and 25notHk. over Hk. Sugar White, Cube and
Tls. per catty... Loaf Candy
Sugar 0.50
3rdoverQuality — value SugarCane .. 0.57
0.05
and Hk. T s.Hk.3
11notperover
Tls.Quality —catty... 0.36 Wines, Beer,
4thnot over Hk value
Tls. Waters,Spirits,
etc. Table
3
Ginseng, per catty
Crude, Beard, 0.09 Champagne and soldany (S
Roots, and Cuttings:— other
under Wine the label
1st overQuality
Hk. —Tls.
value3 “Champagne”
Sparkling Asti (.1
per catty
2ndnotQuality — value Other SparklingRedWinesor
over StillWhite,
Wines,
3 perWildcattyHk. Tls. exclusively
Ginseng,
Groundnuts, inShelled Shell ...... 50.085
0.15%
the
tion
produce
naturalof grapes
of the
fermenta-
(not
Groundnuts, 0.23 including
Hops
Isinglass, Vegetable ... Value Picul 52.70% Liqueur): —Vins de
Lemons, Dried
Lichees, Fresh 1,000 1.50 1. In bottles ..
Lily Flowers, Dried ... Picul 0.53 J-botts.
Lungngan Pulp 0.47
0.65 Imp.
gallon
Lungngans,
Malt in allDried 0.38 Case of
Morphia 50.41 Port Wine, in bottle ^ 12botts.
or 24
Mushrooms forms ... Value
Nutmegs Picul %
2.40 i-botts.
Imp.
Port Wine, in bulk [ gallon
1.50
EEVISED IMPORT TARIFF 45
Case0 ofS 0 40 Tobacco. Hk.
Tobacco. Tls.
291 Marsala, in bott’es . 12t-botts. or 24 ' !i )[ - Cigarettes, value over
Marsala, in bulk ... . gallon ^P- I!)] 0.10 Hk. Tls.
and 4.50 per 1,000
all Cigarettes not
Vins de Liqueur other bearing
brand or a distinctive
name on each
than
(yiz., Port and Malaga,
Madeira, Marsala Cigarette
Sherry, etc.), Cigarettes,
Hk. Tls. value over
orz* |.i V0.50
1. In bottles ...... ^ 4-l>otts. i over
1,000 Hk. 3.00
Tls. but not
4.50 per
Imp. Cigarettes, value over
2. In bulk . gallon > 0,15 Hk. Tls.
over Hk. l.'O but not
Tls. 3.00 per
294 ' Vera and outh,
QuinquinaByrrh, 12 laresof !I ]) 0.29 1,000
295 I Sake, in barrels Picul I 0 41 Cigarettes,
Tls. 1.50 orlessvalue
per Hk.
1,000
Cigars...
Snuff ' 50.06
0.80
%
296 Sake, in bottles Tobacco, Leaf ; 1.10
Tobacco,
tint or Prepared,underin
packages
A1and*, B similar
er. Cider,Liquors
Perry, 5 lb. eachPrepared, in Value 5 °/>
made of Fruits . nl Tobacco,
bulk—not packed in
Berries:— tins or tin-lined
1. In bottles
2. In casks . Imp. Tobacco, Stalk cases. 1.10
1.28
gallon Chemicals and Dyes.
Porter Chemicals.
in bottlesand Stout,'1 reputed |o.if 319 ! Acid, Acetic 1.59
299 || Porters
320
321 !
i „
„ Boracic
Carbolic Value 51.10%
in casksand Stouts,)1 j' galImp.on 322 „ Hydrochloric-Muriatic. .. Picul
300 I Br Whisky, Cognac,
in bulk rnd „„ Nitric
301 j; Brandy Sulphate of ..
in bottles Cognac, £^ reputed
and Ammonia,
„ Chloride in bulkof—i e ,.
302 | Whisky, in bottles SalSulphate
Ammoniac
303 ! Gin, in bottles •• I I,I)” : 0. „
Bleaching of ... j
304 I Gin, in bu k [t I gallon P- i, >\ 0 Chloride
Borax, > ofPowder—i.e..
rude Lime
or Refined i 0.27
0.;8
305 I' Other Spirits—i.eVodka,
Aquavit, ,Rum, j Culcium, Carbide of | 0.37
Punch, etc. : — Copper, Sulphate of , 0.60
1. In bottles Case | 1 20
r'quarts
iwted '| °-
Glycerine
Hide Specific ! V alue 2.20
Manure' , Animal, < hem- j
I“P- i| yJ 0.09 ical, or Artificial,
otherwise enumerated. not i! Picul ; 0.15
gallon Naphthalene 0.63
CJ |\ pitted
quarts V 0.5 Saltpetre ; 0.470.12
Soda
„ Ash
Bicarbonate of, in
l [reputed j
Jj Waters,' ’ able, berated(\ i2botts.
I Caustic bulk I 0.14
0.31
and Mineral j.bous. Crystal
„ Concentrated !| 0.16
0,13
Spirits
Rectifiedof Wine
Spiritsandor (5 I Tll^P' Nitrate
Saltpetre of—Chile j1- 0.27
1 Alcohol ^g^on ^0.0; Silicate 0.18
46 REVISED IMPORT TARIFF
No. |
Dyes and Pigments.
344 Aniline Dyesrated
not other- 50.084
% Gum Arabic
,,,. Copal
Benjamin 1 20.
0.60
345 wise
Bark, enumi
' angrove 1.20
346 „., Yellow—for
I lum-tree Dy......ins;.. 0.16 ,,„ Myrrh....;
Drag’n’s-blood
347
348 Blue, Paris or Prussian „,, Olibanum
349 Bronze
Car Powder
bonB’ack—ie. Lamp- Resinlac
„„ She 2.00
350 black 1.00 Sticklac 0.75
351 Carthamin 5% „ Tragacanth
Oil, 0.90
0.60
352
353 Chrome
Cinnabar Yellow
54.10% „„ Castor, Lubricating
,, Medicinal... 50.80
%
354
355
356
Cobalt,
Cochineal
Ctmao
Oxide of
oror False Gambier „ Coconut
Kerosene:— .
357
368 Cut.
D.^es hand Gambier
Colours,' Un- ojI
classed 52.80% gallons i
359
360 Gamboge
Green, b. In bulb I 10;alls.
Am. j 0.08
361 infurt,Emerald,
Hartall
Schwe-...
or Imitation
(Orpiment) 0.48 c.d. Tins,
Case dmpty and two Each 0.027 0.01
362
363 Indigo, Dried,
„„ Liquid„ Natural Artificial 6.30
3.90 empty tins
364 Artificial or Paste,... 2.00 ,
Oil Linseed
Oila Lubricating:—
Imp,
^ gallon j 0.06
365
366 Indigo,
Indoin Liquid Natural 50.30 Wholly or partly Am. 10.015
originnot)C gallon'
367
368 Laka-wood......
Lead, Red, White, and 0.16% of mineral
b. Other
Otherwise
kinds,
enumer-
369 Yellow ...Extract
Logwood 0.51
0.77 . ated..... „ I 0 025
370 Nutgalls... 1.00 Oil, Olive, in bulk ^ IlV,p’ ] 0.10
371
372 Ochre
-afflower 0.33 Soap, Household and
373 Sapanwood 0.65
0.14 Laundry
Bine Mottled'(including, in bulk.
374
375 Smalt 2.00 Bars, toandbe charged
Doublets:
376 Turmeric
Ultramarine 0.20
0.69 duty
nominal weightson
377
378 Vermilion
„ ZincArtificial 4.10 provided thatnot su-h
379 White 5% weights
than true be less
that
weigh alessBarweights
than
and
does7 oz....
not Picul 0.44
Dandles, Gums, Oils, Soap,
Stearine Toilet and Fancy Value Picul . 50.98
%
Soap, Varnishes, Turpentine: — Imp.
Wax, etc. a. Mineral £ gallon ] 0.( 3
b. Vegetable 0.04
1.60
Beeswax, Wax, Bees, Yellow
380 No. 405. Yellow.
Candles
See
................
„„ Parafljn
Vegetable............
0.50
0.76
381
382 Candlewick
Gasolene, Naphtha, and
Benzine Mineral:— Books, Maps, Paper,
2*0x18*of ^0.1
eiich and Wood Pulp.
10gallons
Am. 0.15 Paper, Cigarette,.....
Picul
(Incl.
313 ■ Grease, Lubricating, galls. • bobbins
I wholly or par .ly mineral Picul 0,35
REVISED IMPORT TARIFF
PaperCommonPrinting,
Ca'ende’ ed orSized Un-
calendeied. Leather,Cow Enamelled,
Japanned,
oror Unsized, White PatentBeaverand...
„ Marbled, Coloured....Enamell- 0.32 Skins (Furs), Dog 59.00%
„ ed, M.G.
or
or Glazed
Cap,
Coloured
Flint
White 0.61 Fox
„ White.
Arctic,
„ ping,Pa ekingBrown sindWra orp- 0.32 „„ ReLegs..
Coloured 1...
Goat,nedTan-
„ deredPrinting, Calen-
orSizedUncalen- ...
dered, or Un-or ,, Untan-
nedand...
sized,
Coloured White
(includ- Hare
ing Simile Rabbit
Lamb ...
not Poster, and
M ,G. including but . born
Un-
Printing enum-
otherwise Paper Land-otter
erated),
Mechanical freeWoodof Marten,
Pulp Untanned.
Musquash.
„„ SIUnenumeroted
rawboard ... Raccoon...
„ and Unglazed Tissue Sable
Sheep, Un-...
M.G. Bleached
Sulphite, tanned
Mechanical Woodof free Squirrel
Wolf ...
,, Pulp
Writing,
Art Drawing,
Printing,
Bank-note, Parch-n, Bones, Feathers,
Horns,Tusks, Hair,
Shells,etc.Sinews,
ment,Grease-proof..
and Pergaim
Woo
Wood i Pulp, Mechanical
cala. :—DryPulp, Mechani- Bones.
Cow Tiger Indian ...
Bezoa-, 52.80
%
b. Wet (n1. sst than
contain- Crocodile hnd Artnadil Picul 3 CO
ipg Scales
Books per cent, moisturei40 Elephants’ Tusks,Whole
—;.
or Parts of Kingfisher, Catty 0.18
Charts and Maps Feathers, Whole Skins... 0.60
Newspapers
cals and Periodi- „ Kingfisher, Part
Skins
Wings, —Tails,
i.e.,
Animal Substances,
Raw and Prepared. or
„ PeacockBacks 50.40
22 %5010
Hides, Hair,
„ Horse
SkinsLeather,
(Furs).and Horns, „ Tails 0.65
Hides, „„ Buffalo
Deer and Cow. 1 70
LeatherBuffalo Beltingand
Calf
Cow.
or Kid, 51.10% „
„ „ Young- Old 7.00
Enamelled, Ja- „ „ Young- Northern..
panned,
and/or Patent,
Coloured. Southern. Value
„ Cow: (including 15.00 ,. Rhinoceros
Musk Catty j
that
and Harness)for Soles., Sea-horseCowTeeth
2.90 Sinews, and Deer...
48 REVISED IMPORT TARIFF
SkVtt OF AMICtE.
Timber,Wood Bam- I Hk.
boos, end Battans. 488 Wood „„ Red Puruand Rose ... 0.<>.Tls.< g9[
Sandal 0.41
1000 491 Wood, „ Sapan. „ Dust See Dyes.. 5 7o
Ordinary (not including pieces *02!
3 492 ! Wood, Seale Sticks 0.019
Teak and Woods).
other en- 493 j „
494 |I „., Veneer Scented
Shavings, Hinoki 5%
umerated 495
Rough Hewn: — 1,000 a i wood In this Tariff,theby wood
Soft-
Hardwood 5 Slip.ft.,
B.M. ! JV ofandanyof meant
is coniferous tree
all ortreesspinous
with
Softwood “needle”
Ordinary, Sawn: - 1,000 leaves, e.g., Pines, Firs,
Hardwood sup.ft.. Spruet
Tews, s, Junipers,
Larches.Cedavs, andof
SoftwoodManufacture 1 Cypresses.
all trees The wvod
with broad
Ordinary,
(includingthan any process leaves is to he classed as
further simpleof Hardwood.
sawing), exclusive
Masts and Spars: —
Hardwood: Coal, Fuel, Pitch,
a. Clear, on net j, sup.ft., ,000 and. Tar.
B.M. Coal 0.27
b. M*netrchantable,
measure on „ Bihpnettes 0.50
Softwood: - Charcoal 0.05
0.55
a. Clear, on net \ 1,000
sup.ft., Coke
Liquid 0.73
measure ^ B..YJ. PitchCoalFuel
Tar,
b. Mei chant
net measure able, on
473 Ordinary, Masts and
Spars Sleepers
474 Railway 1 Chinaware, Enamel-
1,000 ledware, Glass, etc.
Teak-wood.
Planks Beam sand j
j iupit.,
B.M. Basins, Tin 0.30
Chinaware
Enamelled Ironware: — 5%
Mugs,
and Cups,
Bowls, notBasins,
overin
Canes,
Rattan Bamboo
Skin 0.42 11 centimetres
diameter
478 Rattans, Core or Whole 0.75
0.32 Basins, and Bowls,
479
480 Wood, „ Split
Camagon .... 0.34 over 22tover
centimetres
481 0.16 but n 35 cen-
482
4s3 „„,, Ebony
Camphor
Fragrant
O °/o timetres in Ironware,
Enamelled
U nenumerated
diameter. 0.10
5%
4*4 „„ Kranjee Garoo
Wood, Laka. See Dyes. 50.12% Glass andPlate.
Glass
Bevelled
Crystal
or
W:
Silvered,
Unbevell-
Wood, Oil..Bignum-vitse ... ed, rot
feet eachover 5 squire
Revisi* The unit, given has
n Commission, by been
a e’erical errorunasler“authority
corrected Catty ” inofthe
the Draft
Chineseapproved by the Tariff
Government.
REVISED IMPORT TARIFF
Name of Article.
Glass Plate, Unbevell-
Silver, d, j Per Tls. Mats, Formes i Grass Each Hk
Tls.
Bevelled
over 5orsquare
ed,
each
Glass Plate,
feet Sq, ft. 0.042
Unsilvercd | Value
(Bed)Rattan
Mats,
Mats. Rush Value
100 50.24
%
3.60
Glass
mon, Window,
not over Com
32 oz. '() ■ , 100 Mats,
Mats, Straw
Tatami Each 0.26
0.0:6
in weight p r square ( | sq. ft. Matting, Roll
1 0of )> 1.90
Glass Window, Coloured i „ 0.60 by 10J ydsCoir, 36 ins.)( yards
Mirrpi s ^see «i!soNo.o89) ; Valu^ 5 % Matting, Roll
40 of
ins. by 10 Straw,
yds 36)> yards
Precious Stones, Buttons.
Stones,
tures &ofManufac-
Earth. Buttons, Fancy (Glass,
Jewellery,Metal etc.)(not 5%
Buttons,
cluding those made in-of
ACement
mber Value
Picul 50.045
% Precio is Metals or
616 Coral B.‘adsBeads Catty 080 plated
Metals)with Piecious 0.02
517
518 Cornelian Value ■Buttons, Porcelain... ■ ■ 0.017
519 „ Stones,
Corundum Rough I 100
Sand Powder ieul I
Emery & No.
Glass Buttons, She!’ 0.021
(see also
Emery-cloth 561)
and Sand-
paper (sheetinches)
not over Fans,
144 square
(see
Ream 0.25 „„ Palm-leaf, „„ Fancy Coarse
Fine... 0.60
Fire-bricks Value 5% 2.40
Fireclay
Flints (including•.Flint Picul 0.061 „„ Silk
Paper or Cotton ...
Umbrellas & Sunshades: 5°/o
Pebbles)
Tiles 0.04 With Handles wholly
5% orMetals,
partly of Precious
Miscellaneous. Ivory,
ther-of - Pearl, Mo-
Asbestos. toiseshell,
or Jewelled Agate, Tor-
etc.,
•■624 Asbestos With allCotton:
other Hand-
position Boiler Com- Picul les,
a. allLength of rib not
.525 Asbestos
Metallic Fibre
Packing i| „„ and r 17
b. 17Length of rib over 5 0/o
£26 Asb stos Millboard 0.022
AsCestos
Packing Varn Sheets and j „ With all othernotHand-
Asbestos „ les, Mixtures, Silk 0.’ 37
With
Silk all
and other Handles,
Silk Mixtures 0 065
Bags, Mats, and Matting, j
;529 Bags, Cotton, New Files and Needles.
Bags,
also Gunny,
No. 57) New (see | . „„ ;| 2,00 0.42 Files of allsurface
kinds only,
Bags, Gunny, (see also I Value j 5 °/ Filing
not over 1 ins. long... 0.065
No. 58)...... Filing surface
Bags, Hemp or Hessian, '
N w (see also No. 60)... | Picul j 0,95
0
over 4
over 9 ins.ins. butonly,
long not 0.14
I Old
ags. (see
Hempalso or Hessian,
No. 61) ... j
j Value 5 &
/ Filing surface only,
530 Bags, Ok' Straw(Door)
and Grass, j Dozen! 1,000 O.tO
1.50 0 over 9 ins.
over 14surface but not
ins. long only, 0 25
541
532 i| Mi’s,
Mats, Fancy Value I 5 °/ Filing
0 over 14 ins. long .:.... 0 60
50 EEVISED IMPORT TARIFF
Sundry.
Needl s. Nos. 7/') and ( 12.7, Bamboo
boo Baskets,
Blinds, and Bam-
other
N6/0os. 3/0 and(not
„,, IAssorted [
2/0 2.50 Bamboo
Bent-wood Ware
Chairs 5 0lo
including?/©)... 2.00 Coir Yarn
Cordage and Twine
Matches Emery-cloth
paper (sheetandnotSand-
making and Match-
Materials. 144 square
over
inches). ... 0.25
Matches,
or other:— Wood, Safety Furniture
Wood ware and other
Small, in boxes not jf Glue (not including 5 7a
over ics. by 1 f ins. FishCow,
Glue Glue) Refuse 1.00
1.00
Large, in
overby2)} ins. boxes
by 1) }(.(
not Glue
1 ndiaFish
rubber andGutta- 3.80
ins. in
Insizesboxes over above percha. Crude
India-rubber Old or
Match-making Waste
Inks all...::kinds
ofPowder
Chlorate ofMaterials:—
Potash Insect
Lamp wickPurses..
Emery
Labels & Glass Po der.... 1.S0
0.12 Leather
Machines,
Phosphorus
Wax, Paraffin (see also
53.5u
°/o Knitting Sewing and
Mirrors
No. 406>
Wood shavings 0.50 Moulding,
Oakum Picture
„ Splints 0.11
0.10 Rope
Shoes
Starch and Hoots
Metal Threads and Foil. Sulphur
Tinder
Thiead, Gobi, Im tation
on Cotton......... Worm
Bottles, Tablets,
not over inJ Picul 0.45
6'
570 Thread, Silver, Imita- Catty j 0.15 pieces Dozen j 0.037
tion, on Cotton „ j. 60.09 Unenumerated.
571 '1 Imitation,
bread. Gold and Silver Value °/0 Goods.
£72 Tinfoil on Silk Picul j 3.20 Unenumerated Goods... Value 7a
RULES
Rule I.—Imports unenumerated in this Tariff will pay duty at the rate of
5 per cent, ad valorem; and the value upon which Duty is to be calculated shall be
the wholesale market value of the goods in local currency. This market value when
converted into Haikwan Taels shall be considered to be 12 per cent, higher than
the amount upon which duty is to be calculated.
If the goods have been sold before presentation to the Customs of the
Application to pay-Duty,-the gross amount of the bona fide contract will be
accepted as evidence of the market value. Should the goods have been sold on
c. f. and i. terms, that is to say, without inclusion in the price,of Duty and other
charges, such e.’ f. and i. price shall be taken as the value for Duty-paying purposes-
without the deduction mentioned in the preceding paragraph.
REVISED IMPORT TARIFF 51
If the goods have not been sold before presentation to the Customs of the
^application to pay Duty, and should a dispute arise between Customs and importer
/regarding the value < >r classification of goods, thei case, will be referred to a Board of
Arbitration composed as follows:—
An official of the Customs ; . ,
A merchant selected by the Consul of the importer; and
A merchant, differing in nationality from the importer, selected by the
Senior Consul.
, Questions regarding procedure, etc., which may arise during the sittings of the
Board shall be decided by the majority. The final finding of the majority of the
Board, which must be announced within fifteen days of the reference (not including
'holidays), will be binding upon both parties. Each of the two merchants on the
Board will be entitled to a fee of ten Haikwan Taels. Should the Board sustain
the. Customs valuation, or, in the event of not sustaining that valuation, should it
decide that the goods have been undervalued by the importer to the extent of not less
than 71 per cent., the importer will pay the fees; if otherwise, the fees will be paid
by the Customs. Should the Board decide that the correct value of the goods is
20 per cent, (or more) higher than that upon which the importer originally claimed
to pay Duty, the Customs authorities may retain possession of the goods until full
Duty has been paid and may levy an additional Duty equal to four times the Duty
sought to be evaded.
In all cases invoices, when available, must be produced if required by the Customs.
Rule II.—The following will not be liable to Import Duty: Foreign Rice,
Cereals, and Flour; G-old and Silver, both Bullion and Coin; Printel Books,
Charts, Maps, Periodicals and Newspapers.
A freight or part freight of Duty-free commodities (Gold and Silver Bullion
and Foreign Coins excepted) will render the vessel carrying them, th mgh no other
cargo be on board, liable to Tonnage Dues.
Drawbacks will be issued for Ship’s Stores and Bunker Coal when taken on
•board.
Rule III.—Except at the requisition of the Chinese Government, or for sale
•to Chinese duly authorised to purchase them, Import trade is prohibited in all
Arms, Ammunition, and Munitions of War of every description. No Permit to
land them will be issued until the Customs have proof that the necessary authority
has been given to the Importer. Infraction of this rule will be punishable by
confiscation of all the goods concerned. The import of Salt is absolutely prohibited.
CUSTOMS TARIFF
TARIFF ON EXPORTS
(As annexed to the Tientsin Treaty of 1858)
Name of Article. Name of Article. Tariff Unit and Dtrrr,
Alum 00 0104 05 Galangal | T.0 m.10c. c.5
„ Green
Aniseed, Star or Copperas 00 52 05 00 Ginseng, Garlic Native d valorem 5i0p.0cent. 30
„„ Broken „ Corean or Ja- } | Catty 0 5 00
Apricot Oil or Almonds
Seeds, 005 044 055 000 pan,
„ Beads„ 2nd1st quality
quality...) 1j. 00 35 05 00
Arsenic ' Glass
Artificial
Bamboo Flowers ....
Ware 001575 005 000 Glass or Vitrified
Glasscloth, Fine Wire...j| 02 55 00 00
Bangles,
Beans or Glass
and Peas Armlets. 00 00 63 05 Ground-nuts „ Coarse 00 7105 00
Bean
Bone Cake
and Horn Ware . | 1 5 0 0 Gypsum, „ Ground,Cake or 1 0030
Brass Buttons 3 0 0 0 Plaster of Paris ) 0030
„„ Foil Ware i 1 150 00 00 Hair,
Hair, Camels
Goats | 001 051805 O00
„ Wire
Camphor | 0 1157 5 00 Hams 00 33 55 00
Canes 02 50 00 00 Hemp Hartall, or Orpiment \
Cantharides
Capoor Cutchery Honey
03 35 00 00 Horns, Deers’, Young ... 00 99 00 00
Carpets and Druggets .
Cassia
„„ Twigs Lignea
Buds 00 68 00 00 India „
Indigo,
„
InkDry Old 411300 005 0O0
„ Oil.. 0 15 0 Ivory
9 02 00 00 Joss-sticksWare 00 2150 00
' Castor Oil 0 Kittysols, or Paper 1
Chestnuts
China RootsFine 00 10 UmbrellasWare ) j Picul 01 05 00 0
130 000 Lacquered
I Hundred
66666 6 66661666 6 66 6 6666 6 6
Chinaware, „ Coarse 0 9 Lamp wicks(Minium) ... 00 63 05
Cinnarbar 00 47 55 00 Lead,
,, Red,
White, (Ceruse) ... 00 33 55
Clothing, Cotton
Coal*„ Silk 10.01500 004 000 Leather „ Yellow,
Pouches,
(Massicot).
Articles,
Purses as)\ 15 0
Coir Ore
Copper 00 5100 00 Lichees„ Green 0 182 00
„„ and
Sheathing, Old
Pewter Ware ... 0 5 0 0 Lily Flowers, Dried 0
00 251370
Corals,
Cotton, False Raw 00115 3 55 000 Liquorice
3
„ Seeds or Lotus Nuts
Lung-ngan 00 32 55
Cow Kags
Bezoar 00 03 64 05 Manure ,, without Stone.
Crackers, Fireworks . 0155 00 00 Marble
Poudrette Cakes, orJ \ 009
Cubebs
Curiosities, Antiques Slabs
Dates, Black ad valoremls p. cent. Mats of all kinds Hundred
„ Green Red Picul
„ |015o 00 08 90 00 Matting j I 40rollyards of 1>
Dye,
Eggs, Preserved Catty ! Melon Seeds i Picul 0 10
Fans, Feather
„,, Palm
Paper
Thousand
Hundred 000 307 545 005 Mushrooms Mother-o’-Pearl Ware ... i Catty
Musk Picul 001591000
Catty
„ Palm Leaf,
Leaf,trimmed
un-}) Thousand ] 0 3 6 0 Nankeen and Native 1I i Picul 15 0
trimmed „ 0 2 0 0 Nutgalls Cotton Cloths 050
Felt
„ Caps Cuttings Picul j 0 1 0 0 Oil,Cotton as Bean, Tea, Wood, I 0300
Fungus, or Agaric Hundred
Picul 0126 05 00 Oiled Paper& Hemp Seed ‘ 0 4 5 0>
CUSTOMS TAEIFF
Olive Seed Sea-shells. 0300 Silk,„ Ribbons and Thread !
Oyster-shells,
Paint, Green or Cotton} 00 04 95 00 Piece
Pongees, Goods,—"l
Shawls, j!
Palampore, Scarves, Crape,
Bed 1st
Paper, Quilts
quality ) Hundred 2750
Picul 00 74 00 00 Satin, Gauzes,
Velvet andGoodsJ Em- fj
„ 2nd „ 20 03 00 00 broidered
„ Piece Goods,—Sze-1
Pearls,Orange
Peel, False
00 4155 00 „„ chuen,
Tassels Shantungj : 4500
„„ Pumek), 1st quality
„ Leaf2nd ...., Caps Hundred |l00 09 00 00
Peppermint 0 10 0 Silk
Silver andandCotton
Gold Mixtures
Ware ... Picul 105 00 00 00
Pictures andonOilPaintings...
. Each 30 5100 00 Snuff
Soy 00 48 00 00
Pictures
Rice Paper Pith or 1
j... Hundred 0 10 0 Straw Braid 0700
Picul 0 0 5 0 Sugar, Brown
Pottery,
Preserve?, Earthenware
Sweetmeats Comfits, and 1 \ 0500 „„ White Candy 000 221.205 000
Rattans, Split 00 32 05 00 Tallow, Animal
, (seeVegetable 00 23 00 00
Rattan
Rhubarb Ware 12 5 0 Teaend Note at the l i 250Q
RiceMillet,
or Paddy,
and Wheat,
otherj> Tin Foilof the Tariff) ... )
Grains
Rugs of Hair or Skin Each 00 0159 00 Tobacco,
Tobacco, Prepared
LeafWare 001241555 000
Samshoo Picul Tortoiseshell
Trunks, Leather 0152 00 00
Sandalwood Ware Picul 0 10 0
Catty Turmeric
Twine, Hemp, Canton ... 00 10 00
Sessamun Seed
Shoes and
ther Straw Boots,
or Satin Lea-)
) ■'
„ Salted
Turnips, „ Soochow... 00 515
18 00
0
Shoes, Varnish,
quer or Crude Lac-)|) ; j 0 5 00
Silks, Raw andfrom
„ Yellow, Thrown...
Sze- Vermicelli
„ chuenfrom Dupions!
Reeled J; j 7000
52 05 00 00 Vermillion
Wax, White orPoles,
Insect ...
02 5180 00
15 0 0
Silk,„ Wild Raw Wood—Piles,
Joists ) Each
Refuse
„„ Cocoons i 341003 000 000 Wood
Wool Ware Picul
Floss,other
Canton
Provinces|
„ from I 000
10
l
iov. Since February, 1861, it has been the
Tea imported from Japan for the purpose of being retired and re-exported
April, 1861, Japanese Tea imported for re-exportation has been dealt with at Shang-hai to a Foreign country
according- to the.—Since
followingtherule1st of
“Tea imported
will be allowed into
a reduction this port from
on theforactual Japan for the
weightamount purpose
imported of being refired and re-exported to a Foreign countr-'re'
exported
provided a Drawback
that the Certificate
terms of Article the entire
XLV. of the Treaty of dutyof Twenty
between paid
Great
perbe granted
willBritain cent, onontheapplication
and China
Import duty,
be complied
and
usualwhen
in thewith, manner,
and that
the weights, &c., &c., be correctly declared.”
Brick Tea.—In
6 Mace per picul. the Tariff appended to the Russian Regulations of 1862, the Export duty on Brick is fixed at
11 U L E S
{Annexed to the Tariff of 1858)
Rule I. — Unenumerated Goods.—Articles not enumerated in the list of. exports,
but enumerated in the list of imports, when expotted, will pay the amount of duty
-set against them in the list of imports; and, similarly, articles not enumerated in
the list of imports, but enumerated in the list of exports, when imported, will pay
the amount of duty set against them in the list of exports.
Articles not enumerated in either list, nor in the list of duty-free goods, will pay
an ad valorem duty of 5 per cent., calculated on their market value.
Rule II.—Duty-free {roods.-—Gold and silver bullion, foreign coins, flour, Indian
meal, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery,
-foreign clothing, jewellery, plated-ware, perfumery, soap of all kinds, charcoal,
firewood, candles (foreign), tobacco (foreign), cigars (foreign), wine, beer, spirits,
household stores, ship’s stores, personal baggage, stationery, carpeting, druggeting,
cutlery, foreign medicines, glass, and crystal ware.
The above pay no import or export duty, but, if transported into the interior
will, with the exception of personal baggage, gold and silver bullion, and foreign coins,
pay a transit duty at the rate of 2~ per cent, ad valorem.
A freight, or part freight, of duty-free commodities (personal baggage, gold
and silver bullion, and foreign coins, excepted) will render the vessel carrying them,
though no other cargo be on board, liable to tonnage dues.
Rule III.—Contraband Goods.—Import and export trade is alike prohibited in
the following articles: Gunpowder, shot, cannon, fowling-pieces, rifles, muskets,
pistols, and all other munitions and implements of war; and salt.
Rule IV".— Weicjhts and Measures. —In the calculation of the Tariff, the weight
of a picul of one hundred catties is held to be equal to one hundred and thirty-three
and one-third pounds avoirdupois; and the length of a chang of ten Chinese feet to
be equal to one huudrei and forty-one English inches.
One Chinese chih is held to be equal to fourteen and one-tenth inches English;
and four yards English, less three inches, to equal one chang.
Rule V.—Regarding Certain Commodities Heretofore Contraband.—The restric-
rtions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and
-spelter are relaxed, under the following# conditions: —
1. — Opium will henceforth pay thirty Taels per picul impor
will sell it only at the port. It will be carried into the interior by Chinese only, and
only as Chinese property; the foreign trader will not be allowed to accompany it.
The provisions of Article IX. of the Treaty of Tientsin, by which British subjects
are authorized to proceed into the interior with passports to trade, will not
extend to it, nor will those of Article XXVII. of the same treaty, by which the
transit due% are regulated. The transit dues on it will be arranged as the Chinese
Government see fit: nor in future revisions of the Tariff is the same rule of revision
•to be applied to opium as to other goods.
2. —Copper Cash.—The export of cash to any foreign port
shall be lawful for British subjects to ship it at one of the open ports of China to
another, on compliance with the following Regulation:—The shipper shall give
notice of the amount of cash he desires to ship, and the port of its destination, and
-shall bin 1 himself either by a bond, with two sufficient sureties, or by depositing
* For duty Opium S“e Convention signed in 1885, also the Treaty of 1902.
CUSTOMS TARIFF 55'
such other security as may be deemed by the Customs satisfactory, to return, within
six months from the date of clearance, to the collector at the port of shipment, the
certificate issued by him, with an acknowledgment thereon of the receipt of the cash
at the port of destination by the collector at that port, who shall thereto affix his-
seal; or failing the production of the certificate, to forfeit a sum equal in value to
the cash shipped. Cash will pay no duty inwards or outwards; but a freight or part
freight of cash, though no other cargo be-on board, will render the vessel carrying it
liable to pay tonnage dues.
3.—The export of rice and all other grain whatsoever, native or foreign, no matter
where grown or whence imported, to any foreign port, is prohibited; but these-
commodities may be carried by British merchants from one of the open ports of
China to another, under the same conditions in respect of security as cash, on pay-
ment at the port of shipment of the duty specified in the Tariff.
No import duty will be leviable on rice or grain; but a freight or part freight of
rice or grain, though no other cargo be on board, will render the vessel importing it
liable4—*to tonnage
rphg exportdues.of pulse and beancake from Tung-chau and Newchwrang, under
the British flag, is prohibited. From any other of th« ports they may be shipped, on
payment of the tariff duty, either to other ports of China, or to foreign countries.
5 —Saltpetre, sulphur, brimstone, and spelter, being munitions of war, shall not
be imported by British subjects, save at the requisition of the Chinese Government,,
or for sale to Chinese duly authorized to purchase them. No permit to land them
will be issued until the Customs have proof that the necessary authority has been
givrn to the purchase. It shall not be lawful for British subjects to carry these
commodities up the Yang-tsze-kiang, or into any port other than those open on the
seaboard, nor to accompany them into the interior on behalf of Chinese. They must
be sold at the ports only, and, except at the ports they will be regarded as Chinese
property.
Infractions of the conditions, as above set forth, under which trade in opium,
cash, grain, pulse, saltpetre, brimstone, sulphur, and spelter may be henceforward
carried on, will be punishable by confiscation of all the goods concerned.
Kule VI.—Liability of Vessels Entering Port. For the prevention of misunder-
standing, it is agreed that the term of twenty-four hours, within which British vessels-
must be reported to the Consul under Article XXXVII. of the Treaty of Tientsin,
shall be understood to commence from the time a British vessel comes within the limits
of the port; as also the term of forty-eight hours allowed her by Article XXX. of the
same Treaty to remain in port without payment of tonnage dues.
The limits of the ports shall be defined by the Customs, with all consideration
for the convenience of trade compatible with due protection of the revenue; also the-
limits of the anchorages within which lading and discharging is permitted by the
Customs; and the same shall be notified to the Consul for public information.
Rule VII.—Transit Dues.—It is agreed that Article XXXVIII. of the Treaty of
Tientsin shall be interpreted to declare the amounts of transit dues legally leviable-
upon merchandise imported or exported by British subjects to be one-half of the tariff
duties, except in the case of the duty-free goods liable to a transit duty of 2| per cent.
ad valorem, as provided in Article II. of these Rules. Merchandise shall be cleared
of its transit dues under the following conditions:—
In the Case of Imports.—Notice being given at the port of entry, from which the
Imports are to be forwarded inland, of the nature and quantity of the goods, the ship
’ NOTIFICATION.
Article
Pulse IV. of Rule
and bean-cake No. 5 appended
mayterms to
be henceforth the
exportedas ofarefrom1868
Tariff isBritish Consulatk, Shanghai, 24th March, 1862.
rescinded.
Tungchow andNative
Newchwang, and fromRegulation
all other ports in China
open by Treaty,
the 5th December on the same
last; that and conditions applied to other produce
dutyofatbythethethehalf-duty bearing
anddate-
charged at any Chinese port onis topayment
say, theyofmay be shipped
half-duty, with onpower
payment
to claimof Tariff
drawback port of shipment, dis-
if re-exported.
By order, Waltfr H. Medhurst, Consul.
'56 CUSTOMS TARIFF
from which they have been landed, and the place inland to which they are bound,
with all other necessary particulars, the Collector of Customs will, on due inspection
i made, and on receipt of the transit duty due, issue a transit duty certificate. This
, must be produced at every barrier station, and vised. No further duty will be leviable
upon imports so certificated, no matter how distant the place of their destination.
In fhe Case of Exports.—Produce purchased by a British subject in the interior
■will be inspected, ai d taken account of, at fhe first barrier if passes on its way to the
port of shipment. A memorandum showing the amount of the produce and the port
. at which it is to be shipped, will be deposited there by the person in charge of the
produce; he will then receive a certificate, which must be exhibited and vised at every
barrier, on his way to the port of shipment. On the arrival of the produce at the
barrier nearest the port notice must be given at the Customs at the port, and the
-transit dues due thereon being paid it will be passed. On exportation the produce
will pay the tariff duty*.
Any attempt to pass goods inwards or outward otherwise than in compliance
with the rule here laid down will render them liable to confiscation.
Unauthorised sale, in transitu, of goods that have been entered as above for a
port, will render them liable to confiscation. Any attempt to pass goods in excess
of the quantity specified in the certificate will render all the goods of the same
denomination, named in the certificate, liable to confiscation. Permission to export
produce, which cannot be proved to have paid its transit dues, will be refused by the
^Customs until the transit dues shall have been paid. The above being the arrange-
-inent agreed to regai'ding the transit dues, which will thus be levied once and for all,
the notification required under Article XXVIII. of the Treaty of Tientsin, for the
information of British and Chinese subjects, is hereby dispensed with.
Rule VIII.—Peking A ot Open to Trade.—It is agreed that Article IX. of the
Treaty of T ientsin shall not be interpreted as authorising British subjects to enter
-the capital city of Peking for purposes of trade.
Rule IX.—Abolition of the Meltage Fee.—It is agreed that the percentage of one
Tael two Mace, hitherto charged in excess of duty payments to defray the expenses of
melting by the Chinese Government, shall be no longer levied on British subjects.
Rule X.—Collection of Duties Under One System at all Ports.—It being by Treaty
at the option of the Chinese Government to adopt what means appear to it best suited
to protect, its revenue accruing on British trade, it is agreed that one uniform system
shall be enforced at every port.
The high officer appointed by the Chinese Government to superintend foreign
trade will, accordingly from time to time, either himself visit or will send a deputy
to visit the different polls. The said high officer will be at liberty, of his own choice,
and independently of the suggestion or nomination of any British authority, to select
.any British subject he may see fit to aid him in the administration of the Customs
Revenue, in the prevention of smuggling, in the definition of port boundaries, or in
discharging the duties of harbour master; also in the distribution of lights, buoys,
beacons, and the like, the maintenance of which shall be provided for out of the
tonnage dues.
The Chinese Government will adopt what measures it shall find requisite to
prevent smuggling upon the Yang-tsze-kiang, when that river shall be opened to
trade.
Done at Shanghai, in the province of Kiang-su, this eighth day of November, in
the year of our Lord eighteen hundred and fifty-eight, being the third day of the
tenth moon of the eighth year of the reign of Hien Fung.
[l.s.] Elgin and Kincardine.
Seal of Chinese Plenipotentiaries. Signatures of Five Chinese Plenipotentiaries.
See Chefoo Convention, Section HI., Article 4.
EMIGRATION CONVENTION
Between the United Kingdom and China respecting the Employment op*
Chinese Labour in British Colonies and Protectorates
(Signed in London, With May, 1904)
! Whereas a Convention between Her Majesty Queen Victoria and His Majestv
the Emperor of China was signed at Peking on the 24th October, 1860, by Article V
j, of which His Imperial Majesty the Emperor of China consented to allow Chinese
subjects, wishing to take service in British Colonies or other parts beyond the seas,
i to enter into engagements with British subjects, and to ship themselves and their
j families on board of British vessels at the open ports of China in conformity with
Regulations to be drawn up between the two Governments for the protection of such
) emigrants:
And whereas the aforesaid Regulations have not hitherto been framed, 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 Emperor
of China have accordingly appointed the following .as their respective Plenipo-
tentiaries, that is to say :
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 Most Honourable
Henry Charles Keith Petty-Fitzmaurice, Marquess of Lansdowne, His Majesty’s-
Principal Secretary of State for Foreign Affairs ; and
His Majesty the Emperor of China, Chang Teh-Yih, Brevet Lieutenant-General
of the Chinese Imperial Forces, His Imperial Majesty’s Envoy Extraordinary and
Minister Plenipotentiary at the Court of His Majesty the King of the United Kingdom
of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor
of India ;
J And the said Plenipotentiaries having met and communicated to each other their
respective full powers, and found them in good and due form, have agreed upon and
concluded the following Articles :—
Art. I.—As the Regulations to be framed under the above-mentioned Treaty
1 were intended to be of a general character, it is hereby agreed that on each occasion
when indentured emigrants are required for a particular British Colony or Protectorate
beyond the seas, His Britannic Majesty’s Minister in Peking shall notify ti.e Chinese-
Government, stating the name of the Treaty port at which it is intended to embark
them, and the terms and conditions on which they aie to be engaged ; the Chinese
Government shall thereupon, without requiring further formalities, immediately
i instruct the local authorities at the specified Treaty port to take all the steps
! necessary to facilitate emigration. The notification herein referred to shall only be
required once in the case of each Colonv or Protectorate, except when emigration
under indenture to tliat Colony or Protectorate from the specified Treaty port has-
not taken place during the preceding three years.
•58 EMIGRATION CONVENTION
Art. II.—On the receipt of the instructions above referred to, the Taotai at the
port shall at once appoint an officer, to be called the Chinese Inspector; who,
together with the British Consular Officer at the port, or his Delegate, shall make
known by Proclamation-and by means of the native press the text of the Indenture
which the emigrant will have to sign, and any particulars of which the Chinese officer
considers it essential that the emigrant shall be informed, respecting the country to
which the emigrant is to proceed, and respecting its laws.
Art. III.—The British Consular officer at the port, or his Delegate, shall confer
with the Chinese Inspector as to the location and installation of the offices and other
necessary buildings, hereinafter called the Emigration Agency, which shall be erected
or fitted up by the British Government, and at their expense, for the purpose of
carrying on the business of the engagement and shipment of the emigrants, and in
which the Chinese Inspector and his staff shall have suitable accommodation for
carrying on their duties.
Art. IV.—(1.) There shall be posted up in conspicuous places throughout the
Emigration Agency, and more especially in that part of it called the Depdt, destined
for the reception of intending emigrants, copies of the Indenture to be entered into
with the emigrant, drawn up in the English and Chinese languages, together with,
copies of the special Ordinance, if any, relating to immigration into the particular
Colony or Protectorate for which the emigrants are required.
(2.) There shall be kept a Kegister in English and in Chinese, in which the names
of binding tiendentured emigrants shall be inscribed, and in this Register there shall
not be inscribed the name of any person who is under 20 years of age, unless he
shall have produced proof of his having obtained the consent of his parents or other
lawful guardians to emigrate, or, in default of these, of the Magistrate of the district
to which he belongs. After signature of the Indenture according to the Chinese
manner, the emigrant shall not be permitted to leave the Dep6t previously to his
embarkation, without a pass signed by the Chinese Inspector, and countersigned by
the British Consular Officer or his Delegate, unless he shall have, through the
Chinese Inspector, renounced his agreement and withdrawn his name from the
.register of emigrants.
(3.) Before the sailing of the ship each emigrant shall be carefully examined by a
qualified Medical Officer nominated by the British Consular Officer or his Delegate.
The emigrants shall be paraded before the British Consular Officer or his Delegate
and the Chinese Inspector or his Delegate, and questioned with a view to ascertain
their perfect understanding of the Indenture.
Art. V.—All ships employed in the conveyance of indentured emigrants from
China under this Convention shall engage and embark them only at a Treaty port,
and shall comply with the Regulations contained in the Schedule hereto annexed and
forming part of the Convention.
Art. VI.—For the better protection of the emigrant, and of any other Chinese
subject who may happen to be residing in the Colony or Protectorate to which the
. emigration is to take place, it shall be competent to the Emperor of China to appoint
a Consul or Vice-Consul to watch over their interests and well-being, and such
Consul or Vice-Consul shall have all the rights and privileges accorded to the Consuls
of other nations.
Art. VII.—Every Indenture entered into under the present Articles shall clearly
specify the name of the country for which the labourer is required, the duration of
the engagement, and, if renewable, on what terms, the number of hours of labour
per working day, the nature of the work, the rate of wages and mode of payment,
the rations, clothing, the grant of a free passage out, and, where such is provided for
therein, a free passage back to the port of embarkation in China for himself and family,
right to free medical attendance and medicines, whether in the Colony or Protectorate,
or on the voyage from and to the port of embarkation in China, and any other
advantages to which the emigrant shall be entitled. The Indenture may also
EMIGRATION CONVENTION 59s’
provide that the emigrant shall, if considered necessary by the medical aut horities,
be vaccinated on his arrival at the Depot, and in the event of such vaccination being
unsuccessful, re-vaccinated on board ship.
Art. YIII.—The Indenture shall be signed, or in cases of illiteracy marked, by
the emigrant after the Chinese manner, in the presence of the British Consular Offici r
f or his Delegate and of the Chinese Inspector or his Delegate, who shall be respon-
sible to their respective Governments for its provisions having been clearly and fully
explained to the emigrant previous to signature. To each emigrant there shall be
presented a copy of the Indenture drawn up in English and Chinese. Such Indeu-
| ture shall not be considered as definitive or irrevocable until after the embarkation
I of the emigrant.
Art. IX.—In every British Colony or Protectorate to which indentured Chinese
emigrants proceed, an officer or officers shall be appointed, whose duty it shall be to
i insure that the emigrant shall have free access to the Courts of Justice to obtain the
1 redress for injuries to his person and property which is secured to all persons, irrespec-
I tive of race, by the local law.
Art. X.—Daring the sojourn of the emigrant in the Colony or Protectorate in
I which he is employed, all possible postal facilities shall be afforded to him lor com-
| municating with his native country and for making remittances to his family.
Art. XI.—With regard to the repatriation of the emigrant and his family
I: whether on the expiration of the Indenture or from any legal cause, or in event of
| his having been invalided from sickness or disablement, it is understood that this shall
always be to the port of shipment in China, and that in no case shall it take place
: by any other means than actual conveyance by ship, and payment of money to the
f returning emigrant in lieu of passage shall not be admissible.
Art. XII.—Nothing in any Indenture framed under these Articles shall
constitute on the employer a right to transfer the emigrant to another employer
I of labour without the emigrant’s free consent and the approval of his Consul or
I Vice-Consul; and should any such transfer or assignment take place, it shall not in
any way invalidate any of the rights or privileges of the emigrant under the
Indenture.
Art. XIII.—It is agreed that a fee on each indentured emigrant shipped under
the terms of this convention shall be paid to the Chinese Government for expenses of
] inspection, but no payment of any kind shall be made to the Chinese Inspector or
any other official of the Chinese Government at the port of embarkation. The above
1 fee shall be paid into the Customs bank previous to the clearance of the ship, and
shall be calculated at the following rate:—3 Mexican dollars per head for any
number of emigrants not exceeding 10,000, and 2 dollars per head for any number
in excess thereof, provided they are shipped at the same Treaty port, and that not more
than twelve months have elapsed since the date of the last shipment.
Should the port of embarkation have been changed, or a space of more than
twelve months have elapsed since the date of the last shipment, inspection charges
shall be paid as in the first instance.
Art. XIV.—The English and Chinese text of the present Convention have been
carefully 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.
Art. XV.—The present Convention shall come into force on the date of its
signature and remain in force for four years from that date, and after such period
of four years it shall be terminable by either of the high contracting parties on
giving one year’s notice.
In witness whereof the Plenipotentiaries have signed the present Convention,
and have affixed thereto their seals.
Done at London in four copies (two in English and two in Chinese), this
thirteenth day of May of the year 1904.
(Signed) Lansdowne.
T. Y. Chang.
'60 EMIGRATION CONVENTION
SCHEDULE
Regulations
Ships employed in the transport of indentured emigrants from China under this
• Convention must be seaworthy, clean, and properly ventilated, and with regard to
the following matters, shall comply with conditions as far as possible equivalent to
-those in force in British India with reference to the emigration of natives from India:—
Accommodation required on board (vide Section 57 of “TheIndian Emigration.
Act, 1883 ”).
Sleeping accommodation consisting of wooden sheathing to the decks or
•sleeping platforms (vide rule regarding “iron decks,” as amended the 16th August,
1902, in Schedule ‘.‘A” to the rules under “The Indian Emigration Act, 1883”).
Buies as to space on board (vide Section 58 of “ The Indian Emigration
Act, 1883 ”).
Carriage of qualified surgeon, with necessary medical stores.
Storage of drinking water (vide Buie 113, as amended the 24th February, 1903.
• under “ The Indian Emigration Act, 1883 ”).
Provision of adequate distilling apparatus (vide Schedule “ C ” to the rules
under “ The Indian Emigration Act, 1883 ”).
The dietary for each indentured emigrant on board ship shall be as follows per
.day:—
Bice, not less than H lb., or flour or bread stuffs 111b
Fish (dried or salt) or meat (fresh or preserved) 0§ ,,
Fresh vegetables of suitable kinds I3 »
Salt 1 oz.
Sugar If „
• Chinese tea Of A
- Chinese condiments in sufficient quantities.
Water, for drinking and cooking 1 gallon
or such other articles of food as may be substituted for any of the articles enumerat- 1
ed in the foregoing scale as being in the opinion of the doctor on board equivalent
-thereto.
Notes Exchanged Between the Marquess of Lansdowne and the Chinese
Minister on Signing Convention of May 13th, 1904
Foreign Office, London, May 13th, 1904.
Sir,—By Article VI. of the Convention about to be concluded between Great
Britain and China with regard to Chinese subjects leaving the Treaty ports of China
under Indenture for service in British Colonies or Protectorates, it is provided
that:—
“ For the better protection of the emigrant and of any other Chinese subject
who may happen to be residing in the Colony or Protectorate to which the
EMIGRATION CONVENTION 61
emigration is to take place, it shall be competent to the Emperor of China to appoint;
a Consul or Vice-Consul to watch over their interests and well-being, and such
Consul or Vice-Consul shall have all the rights and privileges accorded to the Consul
-of other nations.”
His Majesty’s Government consider it specially important that the persons
appointed to occupy, for the purpose named, the position of Consul or Vice-Consul
should be experienced officers of Chinese nationality, that they should be exclusively
in the service of the Emperor of China, and that in each case the name of the person
selected should be communicated to His Majesty’s Government, and their agreement
to the appointment obtained.
I have the honour to inquire whether the Chinese Government are prepared to
meet the wishes of His Majesty’s Government in the matter. If so, and if you will
inform me accordingly, this note and your reply might be attached to the Convention
in order to place on formal record the arrangement concluded.—I have, &c.
(Signed) Lansdowne.
Chang Ta-Jen, etc., etc., etc.
Chinese Legation, London,
May 13th, 1904.
My Lord Marquess,—In reply to your Lordship’s note of this date, I have the
liouour to state that the Chinese Government are in entire accord with His Britannic
Majesty’s Government as to the great importance they attach to the Consuls and Vice-
Consuls to be appointed under Article VI. of the Convention about to be concluded
between the two Governments being men of great experience, and will consider it a
duty which they owe to the emigrant to confine the selection of these officers to such
as in all respects conform to the requirements specified in the note above referred to,
which, together with the present one, it has been mutually agreed shall, in proof of
that understanding, be appended to the said Convention.—I have, &c.
(Signed) T. Y. Chang-
The Marquess of Lansdowne, K. G.,
etc., etc., etc.
EXCHANGE OF NOTES BETWEEN THE UNITED KINGDOM*
AND RUSSIA WITH REGARD TO THEIR RESPECTIVE
RAILWAY INTERESTS IN CHINA
No. 1
Sir C. Scott to Count Mouravieff
The Undersigned, British Ambassador, duly authorized to that effect, has the-
honour to make the following declaration to his, Excellency Count Mouraneffr
Russian Minister for Foreign Affairs:—
Great Britain and Russia, animated by a sincere desire to avoid in China all
cause of conflict on questions where their interests meet, and taking into considera-
tion the economic and geographical gravitation of ceitaiu parts of that Empire,
have agreed as follows:—
1. Great Britain engages not to seek for her own account, or on behalf of
British subjects or of others, any railway concessions to the north of the Great
Wall of China, and not to obstruct, directly or indirectly, applications for railway
concessions in that region supported by the Russian Government.
2. —Russia, on her part, engages not to seek for her own
of Russian subjects or of others, any railway concessions in the basin of the Yang-
tze, and not to obstruct, directly or indirectly, applications for railway concessions in
that region supported by the British Government.
The two Contracting Parties, having nowise in view to infringe in any way the
sovereign rights of China or existing Treaties, will not fail to communicate to the
Chinese Government the present arrangement, which, by averting all cause of com-
plications between them, is of a nature to consolidate peace in the Far East, and to
serve the primordial interests of China herself.
(Signed) Charles S. Scott.
St. Petersburg, April 28, 1899.
The Undersigned, Russian Minister for Foreign Affairs, duly authorized to that
effect, has the honour to make the following declaration to his Excellency Sir Charles
Scott, British Ambassador:—
Russia and Great Britain, animated by the sincere desire to avoid in China all
cause of conflict on questions where their interests meet, and taking into considera-
tion the economic and geographical gravitation of certain parts of that Empire, have
agreed as follows—
1.—Russia engages not to seek for her own account, or on behalf of Russian
subjects or of others, any railway concessions in the basin of the Yangtze, and not
to obstruct, directly or indirectly, applications for railway concessions in that region
supported by the British Government.
EXCHANGE OF NOTES BETWEEN THE UNITED KINGDOM AND RUSSIA 63
2 —Great Britain, on her part, engages not to seek for her own account, or on
behalfr of British subjects or of others, any railway concessions to the north of the
•Great Wall of China, and not to obstruct, directly or indirectly, applications for
railway concessions in that region supported by the Russian Government.
The two Contracting Parties, having nowise in view to infringe in any way
the sovereign rights of China or of existing Treaties, will not fail to communicate
to the Chinese Government the present arrangement, which, by averting all cause
of complication between them, is of a nature to consolidate peace in the Far East*
and to serve the primordial interests of China herself.
The Undersigned, etc. (Signed) Count Moueavieff.
St. Petersburg, April 16 (28), 1899.
No. 3
Sir G. Scott to Count Mouravieff
In order to complete the Notes exchanged this day respecting the partition of
spheres for concessions for the construction and working of railways in China, it
has been agreed to record in the present additional Note the arrangement arrived
at with regard to the line Shanhaikuan-Newchwang, for the construction of which
a loan has been already contracted by the Chinese Government with the Shanghai-
Hongkong Bank, acting on behalf of the British and Chinese Corporation.
The general arrangement established by the above-mentioned Notes is not to
infringe in any way the rights acquired under the said Loan Contract, and the
Ohinese Government may appoint both an English engineer and an European
accountant to supervise the construction of the line in question, and the expenditure
of the money appropriated to it.
But it remains understood that this fact cannot be taken as constituting a
right of property or foreign control, and that the line in question is to remain a
Ghiiv'se line, under the control of the Chinese Government, and cannot be mortgaged
or alienated to a non-Chinese Company.
As regards the branch line from Siaoheichan to Sinminting, in addition to the
aforesaid restrictions, it has been agreed that it is to be constructed by China her-
self, who pray permit European—not necessarily British—engineers to periodically
inspect it, and to verify and certify that the work is being properly executed.
The present special Agreement is naturally not to interfere in any way with the
right of the Russian Government to support, if it thinks fit, applications of Russian
subjects or establishments for concessions for railways, which, starting from the
main Manchurian line in a south-westerly direction, would traverse the region in
which the Chinese line terminating at Sinmintingand Newchwang is to be constructed-
(Signed) Chables S. Scott.
St. Petersburg, April 28th, 1899.
No. 4
Count Mouravieff to Sir C. Scott
In order to complete the Notes exchanged this day respecting the partition of
spheres for concessions for the construction and working of railways in China, it has
been agreed to record in the present additional Note the Agreement arrived at with
61 AGREEMENTS RESPECTING TIBET
regard to the line Shanhaikuan-Newchwang, for the construction of which a loam
has been already contracted by the Chinese Government with the Shanghai-Hong-
kong Bank, acting on behalf of the British and Chinese Corporation.
The general arrangement established by the above-mentioned Notes is not to
infringe in any way the rights acquired under the said Loan Contract, and the
Chinese Government is at liberty to appoint both an English engineer and at-
European accountant to supervise the construction of the line in question and the
expenditure of the money appropriated to it. But it remains well understood that
this fact cannot be taken as constituting a inght of property or foreign conti’oh
and that the line in question is to remain a Chinese line, subject to the control of
the Chinese Government, and cannot be mortgaged or alienated to a non-Chinese
Company.
As regards the branch line from Siaoheichan to Sinminting, in addition to
the aforesaid restrictions, it has been agreed that it is to be constructed by China
herself, who may permit European—not necessarily British—engineers to periodi»
eally inspect it, and to verify and certify that the works are being properly executed.
The present special Agreement is naturally not to interfere in any way with
the right of the Russian Government to support, if it thinks fit, applications of
Russian subjects or establishments for concessions for railways, which, starting from
the main Manchurian line in a south-westerly direction, would traverse the region
in which the Chinese line terminating at Sinminting and Newchwang is to be
constructed.
The Undersigned, etc.
(Signed) Count Moueavieff.
St. Petersburg, April 16 (28), 1899.
AGREEMENTS RESPECTING TIBET
Signed at Peking, April 27th, 1906
'So Which is Annexed the Convention Between the United Kingdom'
and Tibet, Signed at Lhasa, Septembee 7th, 1904
Ratifications exchanged at London, Jvdy 23rd, 1906
Whereas His Majesty the King of Great Britain and Ireland and of the British
Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of China
are sincerely desirous to maintain and perpetuate the relations of friendship and
good understanding which now exist between their respective Empires ;
And whereas the refusal of Tibet to recognise the validity of or to carry into
full effect the provisions of the Anglo-Cbinese Convention of March 17th, 1890, and
Regulations of December 5th, 1893, placed the British Government under the necessity
of taking steps to secure their rights and interests under the said Convention and
Regulations;
AGREEMENTS RESPECTING TIBET 65
And whereas a Convention of ten articles was signed at Lhasa on September
7th, 1904, on behalf of Great Britain and Tibet, and was ratified by the Viceroy and
Governor-General of India on behalf of Great Britain on November 11th, 1904, a
declaration on behalf of Great Britain modifying its terms under certain conditions
being appended thereto;
His Britannic Majesty and His Majesty the Emperor of China have resolved to
conclude a Convention on this subject, and have for this purpose named Plenipoten-
tiaries, that is to say:—
His Majesty the King of Great Britain and Ireland :
Sir Ernest Mason Satow, Knight Grand Cross of the Most Distinguished Order
of Saint Michael and Saint George, His said Majesty’s Envoy Extraordinary
and Minister Plenipotentiary to His Majesty the Emperor of China; and
His Majesty the Emperor of China:
His Excellency Tang Shao-yi, His said Majesty’s High Commissioner Pleni-
potentiary and a Vice-President of the Board of Foreign Affairs ;
Who, having communicated to each other their respective full powers and find-
ing them to be in good and true form, have agreed upon and concluded the follow-
ing Convention in Six Articles:—
Art. I.—The Convention concluded on September 7th, 1904, by Great Britain
and Tibet, the texts of which in English and Chinese are attached to the present
Convention as an Annex, is hereby confirmed, subject to the modification stated in
the declaration appended thereto, and both of the High Contracting Parties engage
to take at airtimes such steps as may be necessary to secure the due fulfilment of the
terms specified therein.
Art. II.—The Government of Great Britain engages not to annex Tibetan
territory or to interfere in the administration of Tibet. The Government of China
also undertakes not to permit any other foreign State to interfere with the territory
or internal administration of Tibet.
Art. III.—The concessions which are mentioned in Article 9 (d) of the Con-
vention concluded on September 7th, 1904, by Great Britain and Tibet are denied to
any State or to the subject of any State other than China, but it has been arranged
with China that at the trade marts specified in Article 2 of the aforesaid Convention
■Great Britain shall be entitled to lay down telegraph lines connecting with India.^
Art. IV.—The provisions of the Anglo-Chinese Convention of 1890 and
Begulations of 1893 shall, subject to the terms of this present Convention and
Annex thereto, remain in full force.
Art. V.—The English and Chinese texts of the present Convention have been
carefnlly compared and found to correspond, but in the event of there being any
difference of meaning between them the English text shall be authoritative, 'y
Art. VI.—This Convention shall be ratified by the Sovereigns of both countries
and ratifications shall be exchanged in London within three months after the date
of signature by the Plenipotentiaries of both Powers.
In token whereof the respective Plenipotentiaries have signed and sealed this
Convention, four copies in English and four in Chinese.
Done at Peking this twenty-seventh day of April, one thousand nine hundred
and six, being the fourth day of the fourth month of the thirty-second year of the
reign of Kuang Hsu.
[l.s.] Eknest Satow.
(Signature and Seal of the Chinese
Plenipotentiary.)
3
f,6 AGREEMENTS RESPECTING TIBET
Signed at Lhasa, 7th.September, 1904
Whereas doubts and difficulties have arisen as to the meaning and validity of the
Anglo-Chinese Convention of 1890, and the Trade Regulations of 1893, and as to the
liabilities of the Tibetan Government under these agreements ; and whereas recent
occurrences have tended towards a disturbance of the relations of friendship and good
understanding which have existed between the British Government and the Government
of Tibet; and whereas it is desirable to restore peace and amicable relations and to
resolve and determine the doubts and difficulties as aforesaid, the said Governments
have resolved to conclude a Convention with these objects, and the following Articles
have been agreed upon by Colonel F. E. Younghusband, O.I.E., in virtue of full powers
vested in him by His Britannic Majesty’s Government and on behalf of that said.
Government, and Lo-Sang Gyal-Tsen, the Ga-den Ti-Rimpoche, and the representatives
of the Council of the three monasteries Se-ra, Dre-pung, and Ga-den, and of the
ecclesiastical and lay officials of the National Assembly on behalf of the Government
of Tibet: —
I. —The Government of Tibet engages to respect the Anglo-C
1890 and to recognise the frontier between Sikkim and Tibet, as defined in Article I.
of the said Convention, and to erect boundary pillars accordingly.
II. —The Tibetan Government undertakes to open forthw
all British and Tibetan subjects shall have free right of access at Gyangtse and Gartok,
as well as at Yatung.
The Regulations applicable to the trade mart at Yatung, under the Anglo-Chinese
Agreement of 1893, shall, subject to such amendments as may hereafter be agreed upon
by common consent between the British and Tibetan Governments, apply to the marts
above mentioned.
In addition to establishing trade marts at the places mentioned, the Tibetan
Government undertakes to place no restrictions on the trade by existing routes, and to
consider the question of establishing fresh trade marts under similar conditions if
development of trade requires it.
III. —The question of the amendment of the Regulati
separate consideration, and the Tibetan Government undertakes to appoint fully
authorised delegates to negotiate with representatives of the British Government as
to the details of the amendments required.
IY.—The Tibetan Government undertakes to levy no dues of any kind other than
those provided for in the tariff to be mutually agreed upon.
V. —The Tibetan Government undertakes to keep the r
Gartok from the frontier clear of all obstruction and in a state of repair suited to the
needs of the trade, and to establish at Yatung, Gyangtse and Gartok, and at each of
the other trade marts that may hereafter be established, a Tibetan Agent who shall
receive from the British Agent appointed to watch over British trade at the marts in
question any letter which the latter may desire to send to the Tibetan or to the Chinese
authorities. The Tibetan Agent shall also be responsible for the due delivery of such
communications and for the transmission of replies.
VI. —As an indemnity to the British Government for
despatch of armed troops to Lhasa, to exact reparation for breaches of treaty obligations,
and for the insults offered to and attacks upon the British Commissioner and his
following and escort, the Tibetan Government engages to pay a sum of Pounds five
hundred thousand, equivalent to Rupees seventy-five lakhs, to the British Government.
The indemnity shall be payable at such place as the British Government may
from time to time, after due notice, indicate, whether in Tibet or in the British districts
of Darjeeling or Jalpaiguri, in seventy-five annual instalments of Rupees one lakh each
on the 1st January in each year, beginning from the 1st January, 1906.
VII. —As security for the payment of the above-men
fulfilmentof the provisions relative to trade marts specified in Articles IL,III., I V.,and V.,
AGREEMENTS RESPECTING TIBET 67
the British Government shall continue to occupy the Chumbi Yalley until the
indemnity has been paid and until the trade marts have been effectively opened for
three years, whichever date may be the later.
VIII. —The Tibetan Government agrees to raze all forts and
remove all armaments which might impede the course of free communications between
the British frontier and the towns of Gyangtse and Lhasa.
IX. —The Government of Tibet engages that, without the previous
British Government—
(a) No portion of Tibetan territory shall be ceded, sold, leased, mortgaged, or
otherwise given for occupation, to any foreign Power;
(b) No such Power shal be permitted to intervene in Tibetan affairs ;
(c) No representatives or agents of any foreign Power shall be admitted to Tibet;
(d) No concessions for railways, roads, telegraphs, mining or other rights, shall
be granted to any foreign Power, or the subject of any foreign Power. In the event
of consent to such concessions being granted, similar or equivalent concessions shall
be granted to the British Government;
(c) No Tibetan revenues, whether in kind or in cash, shall be pledged or assigned
to any foreign Power, or the subject of any foreign Power.
X. —In witr.ess whereof the negotiators have signed the same, and
unto the seals of their arms.
Done in quintuplicate at Lhasa, this 7th day of September, in the year of our
Lord one thousand nine hundred and four, corresponding with the Tibetan date,
the 27th day of the seventh mouth of the Wood Dragon year.
Arrangement Between Great Britain and Russia Concerning Tibet
The Governments of Britain and Russia recognizing the suzerain rights of China
in Tibet, and considering the fact that Great Britain, by reason of her geographical
position, has a special interest in the maintenance of the status quo in the external
relations of Tibet, have made the following Arrangement:—
I. —The two High Contracting Parties engage to respect the territori
of Tibet and to abstain from all interference in its internal administration.
II. —In conformity with the admitted principle of the suzerainty o
Tibet, Great Britain and Russia engage not to enter into negotiations with Tibet
except through the intermediary of the Chinese Government. This engagement does
not exclude the direct relations between British Commercial Agents and the Tibetan
authorities provided for in Article Y. of the Convention between Great Britain and
Tibet of September 7th, 1901, and confirmed by the Convention between Great
Britain and China of April 27th, 1906; nor does it modify the engagements entered
into by Great Britain and China in Article I. of the said Convention of 1906.
It is clearly understood that Buddhists, subjects of Great Britain or of Russia,
may enter into direct relations on strictly religious matters with the Dalai Lama and
the other representatives of Buddhism in Tibet; the Governments of Great Britain
and Russia engage, as far as they are concerned, not to allow those relations to
infringe the stipulations of the present arrangement.
III. —The British and Russian Governments respectively enga
representatives to Lhasa.
IV. —The two High Contracting Parties engage neither to see
whether for themselves or their subjects, any concessions for railways, roads, tele-
graphs and mines, or other rights in Tibet.
V. —The two Governments agree that no part of the revenues of T
in kind or in cash, shall be pledged or assigned to Great Britain or Russia or to any
of their subjects.
3*
AGREEMENTS RESPECTING TIBET
Annex
Great Britain reaffirms the Declaration, signed by His Excellency the Viceroy
and Governor-General of India and appended to the ratification of the Convention of
September 7th, 1904, to the effect that the occupation of the Chumbi Wley by
British forces shall cease after the payment of three annual instalments of the
indemnity of 25,000,000 Rupees, provided that the trade marts mentioned in Article
II. of that Convention have been effectively opened for three years, and that in the
meantime the Tibetan authorities have faithfully complied in all respects with the
terms of the said Convention of 1904. It is clearly understood that if the occupa-
tion of the Chumbi Valley by the British forces has, for any reason, not been
terminated at the time anticipated in the above Declaration, the British and Russian
Governments will enter upon a friendly exchange of views on this subject.
The present Convention shall be ratified, and the ratifications exchanged at St.
Petersburg as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the present
Convention and affixed thereto their seals.
Done in duplicate at St. Petersburg, the 18th (81st) August, 1907.
[l.s.] A. Nicolson.
[L.S.] ISWOLSKY.
St. Petersburg, August \Sth (3ls<), 1907
M. le Ministre,—With reference to the Arrangement regarding Tibet, signed to-
day, I have the honour to make the following Declaration to your Excellency:—
“ His Britannic Majesty’s Government think it desirable, so far as they are
concerned, not to allow, unless by a previous agreement with the Russian Government,
for a period of three years from the date of the present communication, the entry
into Tibet of any scientific mission whatever, on condition that a like assurance is
given on the part of the Imperial Russian Government.
“His Britannic Majesty’s Government propose, moreover, to approach the
Chinese Government with a view to induce them to accept a similiar obligation for a
corresponding Period; the Russian Government will, as a matter of course, take
similar action.
“ At the expiration of the term of three years above mentioned His Britannic
Majesty’s Government will, if necessary, consult with the Russian Government as to
the desirability of any ulterior measures with regard to scientific expeditions to Tibet ”
I have, etc.,
A. Nicolson.
St. Petersburg, August \Sth (31s£), 1907
M. 1’Ambassadeur,—In reply to your Excellency’s note of even date, I have the
honour to declare that the Imperial Russian Government think it desirable, so far as
they are concerned, not to allow, unless by a previous agreement with the British
Government, for a period of three years from the date of the present communication,
the entry into Tibet of any scientific mission whatever.
Like the British Government, the Imperial Government propose to approach the
Chinese Government with a view to induce them to accept a similar obligation for a
corresponding period.
It is understood that at the expiration of the term of three years the two
Governments will, if necessary, consult with each other as to the desirability, of any
ulterior measures with regard to scientific expeditions to Tibet.
I have, etc.,
IsWOIiSKY.
OPIUM AGREEMENT
[Done at Peking, May 8th, 1911]
Under the arrangement concluded between His Majesty’s Government and the
Chinese Government three years ago, His Majesty’s Government undertook that if
during the period of three years from January 1st, 1908, the Chinese Government ^
should duly carry out the arrangement on their part for reducing the production
and consumption of opium in China, they would continue in the same proportion of
ten per cent, the annual diminution of the export of opium from India, until the
completion of the full period of ten years in 1917.
His Majesty’s Government, recognizing the sincerity of the Chinese Govern-
ment, and their pronounced success in diminishing the production of opium in China
during the past three years, are prepared to continue the arrangement of 1907 for
the unexpired period of seven years on the following conditions:—
I. —From the first of January, 1911, China shall diminish an
years the production of opium in China in the same proportion as the annual export
from India is diminished in accordance with the terms of Agreement and of the
Annex appended hereto until total extinction in 1917.
II. — The Chinese Government have adopted a most rigorous
ing the production, the transport and the smoking of native opium, and His
Majesty’s Government have expressed their agreement therewith and willingness to
give every assistance. With a view to facilitating the continuance of this work, His
Majesty’s Government agree that the export of opium from India to China shall
cease in less than seven years if clear proof is given of the complete absence of
native opium in China.
ITT.—His Majesty’s Government further agree that Indian opium shall not be
conveyed into any province in China which can establish by clear evidence that it
has effectively suppressed the cultivation and import of native opium.
It is understood, however, that the closing of the ports of Canton and Shanghai
to the import of Indian opium shall not take effect except as the final step on the
part of the Chinese Government for the completion of the above measure.
IV. —During the period of this Agreement it shall be
Majesty’s Government to obtain continuous evidence of this diminution by local
enquiries and investigation conducted by one or more British officials accompanied,
if the Chinese Government so desire, by a Chinese official. Their decision as to the
extent of cultivation shall be accepted by both parties to this Agreement.
During the above period one or more British officials shall be given facilities for
reporting on the taxation and trade restrictions on opium away from the Treaty
ports.
V. —By the arrangement of 1907 His Majesty’s Governm
despatch by China of an official to India to watch the opium sales on condition that
such official would have no power of interference. His Majesty’s Government-
further agree that the official so despatched may be present at the packing of opium
on the same condition.
70 OPIUM AGREEMENT
VI.—The Chinese Government undertake to levy a uniform tax on all opium
grown in the Chinese Empire. His Majesty’s Government consent to increase the-
present consolidated import duty on Indian opium to Tls. 350 per chest of 100
catties, such increase to take effect as soon as the Chinese Government levy an
equivalent excise tax on all native opium.
YU.—On confirmation of this Agreement and beginning with the collection of
the new rate of consolidated import duty, China will at once cause to bo withdrawn-
all restrictions placed by the Provincial authorities on the wholesale trade in Indian
opium, such as those recently imposed at Canton and elsewhere, and also all taxation
on the wholesale trade other than the consolidated import duty, and no such
^restrictions or taxation shall be again imposed so long as the Additional Article to-
the Chefoo Agreement remains as at present in force.
It is also understood that Indian raw opium having paid the consolidated
import duty shall be exempt from any further taxation whatsoever in the port of
import.
Should the conditions contained in the above two clauses not be duly observed^
His Majesty’s Government shall be at liberty to suspend or terminate this-
Agreement at any time.
The foregoing stipulations shall not derogate in any manner from the force of
the laws already published or hereafter to be published by the Imperial Chinese
Government to suppress the "smoking of opium and to regulate the retail trade in
the drug in general.
VIII. —With a view to assisting China in
Majesty’s Government undertake that from the year 1911 the Government of India
will issue an export permit with a consecutive number for each chest of Indian
opium declared for shipment to or for consumption in China.
During the year 1911 the number of permits so issued shall not exceed 30,600
and shall be progressively reduced annually by 5,100 during the remaining six years
ending 1917.
A. copy of each permit so issued shall, before shipment of opium declared for
shipment to or consumption in China, be handed to the Chinese official for trans-
mission to his Government, or to the Customs authorities in China.
His Majesty’s Government undertake that each chest of opium for which such
permit has been granted shall be sealed by an official deputed by the Indiais
Government in the presence of the Chinese official if so requested.
The Chinese Government undertake that chests of opium so sealed and
accompanied by such permits may be imported into any Treaty Port of China
without let or hindrance if such seals remain unbroken.
IX. —Should it appear on subsequent experience de
the unexpired portion of seven.years to modify this Agreement or any part thereof,
it may be revised by mutual consent of the two high contracting parties.
X. —This Agreement shall come into force on the date
In witness whereof the undersigned, duly authorized thereto by their respective
Governments, have signed the same and have affixed thereto their seals.
Done at Peking in quadruplicate (four in English and four in Chinese) thia
eighth day of May, one thousand nine hundred and eleven, being the tenth day of
the fourth month of the third year of Hsuan T’ung.
[l.s.] J. N. Jordan. [L.S.] Tsou Chia-Lai,
OPIUM AGREE ME XT 71
Annex
On the date of the signature of the Agreement a list shall be taken by the
-Commissioners of Customs acting in concert with the Colonial and Consular officials
-of all uncertified Indian opium in bond at the Treaty Ports and of all uncertified
opium in stock in Hongkong which is bond fide intended for the Chinese market,
and all such opium shall be marked with labels and on payment of Tls. 110 con-
solidated import duty shall be entitled to the same Treaty rights and privileges in
•China as certificated opium.
Opium so marked and in stock in Hongkong must be exported to a Chinese
port within seven davs of the signature of the Agreement.
All other uncertificated Indian opium shall for a period of two months from the
date of the signature of the Agreement be landed at the ports of Shanghai and Canton
only, and at the expiration of this period all Treaty Ports shall be closed to uncerti-
ficated opium provided the Chinese Government have obtained the consent of the
other Treaty Powers.
The Imperial Maritime Customs shall keep a return of. all uncertificated opium
landed at Shanghai and Canton during this period of two months, other than opium
marked and labelled as provided above, and such opium shall pay the new rate of
consolidated import duty and shall not be re-exported in bond to other Treaty ports.
In addition to the annual reduction of 5,100 chests already agreed upon, His
Majesty’s Government agree further to reduce the import of Indian opium during
•each of the years 1912, 1913 and 1914 by an amount equal to one-third of the total
ascertained amount of the uncertificated Indian opium in bond in Chinese Treaty
Ports, and in stock in Hongkong on the date of signature, plus one-third of the
amount of uncertificated Indian opium landed during the ensuing two months at
Shanghai and Canton.
Hone at Peking this eighth day of May one thousand nine hundred and eleven,
Iheing the tenth day of the fourth month of the third year of Hsuan T’ung.
[L.S.] J N. Jordan. [l.s.] Tsou Chia-Lai.
FRANCE
TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND
NAVIGATION BETWEEN FRANCE AND CHINA
Signed, in the French and Chinese Languages, at Tientsin, 27th JuftE, 1858
Ratifications Exchanged at PeJcing, 2oth October, 1860
His Majesty the Emperor of the French and His Majesty the Emperor of China,
being desirous to put an end to the existing misunderstanding between the two-
Empires, and wishing to re-establish and improve the relations of friendship, com-
merce, and navigation between the two Powers, have resolved to conclude a new
Treaty based on the common interest of the two countries, and for that purpose have
named as their Plenipotentiaries, that is to say:—
His Majesty the Emperor of the French, Baron Gros, Grand Officer of the Legion
of Honour, Grand Cross of the Order of the Saviour of Greece, Commander of the
Order of the Conception of Portugal, etc., etc., etc.
And His Majesty the Emperor of China, Kweiliang, Imperial High Commis-
sioner of the Ta-Tsing Dynasty, Grand Minister of the East Palace, Director-General
of the Council of Justice, etc., etc., etc.; and Hwashana, Imperial High Commissionei'
of the Ta-Tsing Dynasty, President of the Board of Finance, General of the Bordered
Blue Banner of the Chinese Banner Force, etc., etc., etc.;
Who, having exchanged their full powers, which they have found in good and
due form, have agreed upon the following Articles:—
Art. I.—There shall be perpetual peace and friendship between His Majesty the
Emperor of the French and His Majesty the Emperor of China, and between the
subjects of the two Empires, who shall enjoy equally in the respective States of the
high contracting parties full and entire protection for their persons and property.
Art. II.—In order to maintain the peace so happily re-established between the
two empires it has been agreed between the high contracting parties that, following
in this respect the practice amongst Western nations, the duly accredited diplomatic
agentsof His Majesty the Emperor of the French and of His Maj esty the Emperor of China
shall have the right of resorting to the capital of the empire when important affairs
call them there. It is agreed between the high contracting parties that if any one
of the Powers having a treaty with China obtains for its diplomatic agents the right
of permanently residing at Peking, France shall immediately enjoy the same right.
The diplomatic agents shall reciprocally enjoy, in the place of their residence,
the privileges and immunities accorded to them by international law, that is to say,
that their persons, their families, their houses, and their correspondence, shall be
inviolable, that they may take into their service such employes, couriers, interpreters,
servants, etc., etc., as shall be necessary to them.
The expense of every kind occasioned by the diplomatic mission of France in
Ch na shall be defrayed by the French Government. The diplomatic agents whom
TEE ATY BETWEEN FRANCE AND CHINA
it shall please the Emperor of China to accredit to His Majesty the Emperor of
the French, shall be received in France with all the honours and prerogatives which
the diplomatic agents of other nations accredited to the Court of His Majesty the
Emperor of the French enjoj\
Art. III.—The official communications of the French diplomatic and consular
agents with the Chinese authorities shall be written in French, but shall be accom-
panied, to facilitate the service, by a Chinese translation, as exact as possible, until
such time as the Imperial Government at Peking, having interpreters speaking
and writing French correctly, diplomatic correspondence shall be conducted in this
language by the French agents and in Chinese by the officers of the Empire.
It is agreed that until then, and in case of difference in the interpretation, in
reference to the French text and Chinese text of the clauses heretofore agreed upon
in the conventions made by common accord, it shall always be the original text and
not the translation which shall be held correct. This provision applies to the
present Treaty, and in the communications between the authorities of the two
countries it shall always be the original text, not the translation, which shall be
held correct.
Art. IV.—Henceforth the official correspondence between the authorities and the
officers of the two countries shall be regulated •cording to their respective ranks and
conditions and upon the basis of the most absolute reciprocity. This correspondence
shall take place between the high French officers and high Chinese officers, in
the capital or elsewhere, by dispatch or communication; between the French sub-
ordinate officers and the high authorities in the provinces, on the part of the former
by statement, and on the part of the latter by declaration.
Between the officers of lower rank of the two nations, as above provided, on
the footing of a perfect equality.
Merchants and generally all persons not having an official character shall on both
sides use the form of representation in all documents addressed to or intended for the
notice of the respective authorities.
Whenever a French subject shall have recourse to the Chinese authority, his
representation shall first be submitted to the Consul, who, if it appears to him
reasonable and properly addressed, shall forward it; if it be otherwise, the Consul
shall cause the tenour to be modified or refuse to transmit it. The Chinese, on their
part, when they have to address a Consulate, shall follow a similar course towards
the Chinese authority, who shall act in the same manner.
Art. V.—His Majesty the Emperor of the French may appoint Consuls or Con-
sular Agents in the coast and river ports of the Chinese empire named in Article VI-
of the present Treaty to conduct the business between the Chinese authorities and
French merchants and subjects and to see to the strict observance of the stipulated
rules. These officers shall be treated with the consideration and regard which are
due to them. Their relations with the authorities of the place of their residence
shall be established on the footing of the most perfect equality. If they shall have
to complain of the proceedings of the said authorities, they may address the superior
authority of the province direct, and shall immediately advise the Minister Plenipo-
tentiary of the Emperor thereof.
In case of the absence of the French Consul, captains and merchants shall be
at liberty to have recourse to the intervention of the Consul of a friendly Power, or,
if this be impossible, they shall have recourse to the chief of the Customs, who shall
advise as to the means of assuring to the said captains and merchants the benefits of
the present Treaty.
Art. VI.—Experience having demonstrated that the opening of new ports to
foreign commerce is one of the necessities of the age, it has been agreed that the
forts of Kiung-chow and Chao-chow in the province of Kwangtung, Taiwan and
Tamsui in the island of Formosa (province of Fohkien), Tang-chow in the pro-
vince of Shantung, and Nanking in the province of Kiangsu, shall enjoy the same
privileges as Canton, Shanghai, Ningpo, Amoy, and Foochow. With regard to
7i TREATY BETWEEN FRANCE AND CHINA
Nanking, the French agents in China shall not deliver passports to their nationals-
for this city until the rebels have been expelled by the Imperial troops.
Art. VII.—French subjects and their families may establish themselves and
trade or pursue their avocations in all security, and without hindrance of any kind
in the ports and cities enumerated in the preceding Article.
They may travel freely between them if they are provided with passports, but
it is expressly forbidden to them to trade elsewhere on the coast in search of
clandestine markets, under pain of confiscation of both the ships and goods used in
such operations, and this confiscation shall be for the benefit of the Chinese Govern-
ment, who, however, before the seizure and confiscation can be legally pronounced,,
must advise the French Consul at the nearest port.
Art. VIII.—French subjects who wish to go to interior towns, or ports not open'
to foreign vessels, may do so in'all security, on the express condition that they are
provided with passports written in French and Chinese, legally delivered by the
diplomatic agents or Consuls of France in China and vised by the Chinese authorities.
In case of the loss of his passport, the French subject who cannot present it
when it is legally required of him shall, if the Chinese authorities of the place refuse
him permission to remain a sufficient time to obtain another passport from the
Consul, be conducted to the nearest Consulate and shall not be maltreated or insulted
in any way. 49
As is stipulated in the former Treaties, French subjects resident or sojourning
in the ports open to foreign trade may travel without passports in their immediate-
neighbourhood and there pursue their occupations as freely as the natives, but they
must not pass certain limits which shall be agreed upon between the Consul and the
local authority. The French agents in China shall deliver passports to their
nationals only for the places where the rebels are not established at the time the
‘passport shall be demanded.
These passports shall be delivered by the French authorities only to persons'
who offer every desirable guarantee.
Art. IX.—All changes made by common consent with one of the signatory Powers
of the treaties with China on the subject of amelioration of the tariff now in force, or
which may hereafter be in force, as also all rights of customs, tonnage, importation,
transit, and exportation, shall be immediately applicable to French trade and mer-
chants by the mere fact of their being placed in execution.
Art. X.—Any French subject who, conformably to the stipulations of Article-
VI. of the present Treaty, shall arrive at one of the ports open to foreign* trade, may,
whatever may be the length of his sojourn, rent houses and warehouses for the
disposal of his merchandise, or lease land and himself build houses and warehouses,
French subjects may, in the same manner, establish churches, hospitals, religious-
houses, schools, and cemeteries. To this end the local authority, after having
agreed with the Consul, shall designate the quarters most suitable for the residence-
of the French and the sites on which the above-mentioned structures may have
place.
' The terms of rents and leases shall be freely discussed between the interested-
parties and regulated, as far as possible, according to the average local rates.
The Chinese authorities shall prevent their nationals from exacting or requiring
exorbitant prices, and the Consul on his side shall see that French subjects use no
violence or constraint to force the consent of the proprietors. It is further under-
stood that the number of houses and the extent of the ground to be assigned to
French subjects in the ports open to foreign trade shall not be limited, and that they
shall be determined according to the needs and convenience of the parties. If Chinese
subjects injure or destroy French churches or cemetertes, the guilty parties shall be
punished with all the rigour of the laws of the country.
Art. XI.—French subjects in the ports open to foreign trade may freely engage,
on the terms agreed upon between the parties, or by the sole intervention of the
Consul, compradores, interpreters, clerks, workmen, watennen, and servants. They
shall also have the right of engaging teachers in order to learn to speak and write
TREATY BETWEEN FRANCE AND CHINA 75
the Chinese language and any other language or dialect used in the empire,
as also to secure their aid in scientific or literary works. Equally they may teach to
Chinese subjects their own or foreign languages and sell without obstacle French
books or themselves purchase Chinese books of all descriptions.
Art. XII.—Property of any kind appertaining to French subjects in the Chinese
•empire shall be considered by the Chinese inviolable and shall always be respected
by them. The Chinese authorities shall not, under any circumstances whatever,
place French vessels under embargo nor put them under requisition for any service,
be it public or private.
Art. XIII.—The Christian religion having for its essential object the leading of
men to virtue, the members of all Christian communities shall enjoy entire security
for their persons and property and the free exercise of their religion, and efficient
protection shall be given the missionaries who travel peaceably in the interior
furnished with passports as provided for in Article VIII.
No hindrance shall be offered by the authorities of the Chinese Empire to the
recognised right of every individual in China to embrace, if he so pleases, Chris-
tianity, and to follow its practices without being liable to any punishment therefor.
All that has previously been written, proclaimed, or published in China by
•order of the Government against the Christian religion is completely abrogated and
remains null and void in all provinces of the empire.
Art. XIV.—No privileged commercial society shall henceforward be established
in China, and the same shall apply to any organised coalition having for its end the
exercise of a monopoly of trade. In case of the contravention of the present article
the Chinese Authorities, on the representations of the Consul or Consular Agent,
shall advise as to the means of dissolving such associations, of which they are also
bound to prevent the existence by the preceding prohibitions, so as to remove all that
may stand in the way of free competition.
Art. XV.—When a French vessel arrives in the waters of one of the ports open
to foreign trade she shall be at liberty to engage any pilot to take her immediately
into the port, and, in the same manner, when, having discharged all legal charges
she shall be ready to put to sea, she shall not be refused pilots to enable her to
leave the port without hindrance or delay.
Any individual who wishes to exercise the profession of pilot for French vessels
may, on the presentation of three certificates from captains of ships, be’ commissioned
by the French Consul in the same manner as shall be in use with other nations.
The remuneration payable to pilots shall be equitably regulated for each parti-
cular port by the Consul or Consular Agent, who shall fix it, having regard to the
distance and circumstances of the navigation.
Art. XVI.—After the pilot has brought a French trading ship into the port,
the Superintendent of Customs shall depute one or two officers to guard the ship and
prevent fraud. These officers may, according to their convenience, remain in their
own boat or stay on board the ship.
Their pay, food, and expenses shall be a charge on the Chinese Customs, and
they shall not demand any fee or remuneration whatever from the captain or consignee.
Every contravention of this provision shall entail a punishment proportionate to the
amount exacted, which also shall be returned in full.
Art. XVII.—Within the twenty-four hours following the arrival of a French
merchant vessel iu one of the ports open to foreign trade, the captain, if he be not
unavoidably prevented, and in his default the supercargo or consignee, shall report
at the French Consulate and place in the hands of the Consul the ship’s papers, the
bills of lading, and the manifest. Within the twenty-four hours next following the
Consul shall send to the Superintendent of Customs a detailed note indicating the
name of the vessel, the articles, the tonnage, and the nature of the cargo ; if, in
consequence of the negligence of the captain this cannot be accomplished within the
forty-eight hours following the arrival of the vessel, the captain shall be liable to a
penalty of 50 Dollars for each day’s delay, to the profit of the Chinese Government,
ifmt the said penalty shall in no case exceed the sum of 200 Dollars.
76 TREATY BETWEEN FRANCE AND CHINA
Immediately after the reception of the consular note the Superintendent of
Customs shall give a permit to open hatches. If the captain, before having receive®
the said permit, shall have opened hatches and commenced to discharge, he may
be fined 500 Dollars, and the goods discharged may be seized, the whole to the profit
of the Chinese G-oveniment.
Art. XVIII.—French captains and merchants may hire whatever boats and
lighters they please for the transport of goods and passengers, and the sum to be
paid for such boats shall be settled between the parties themselves, without the
intervention of the Chinese authority, and consequently without its guarantee in case
of accident, fraud, or disappearance of the said boats. The number of these boats
shall not be limited, nor shall a monopoly in respect either of the boats or of the
carriage of merchandise by porters be granted to any one.
Art. XIX.—Whenever a French merchant shall have merchandise to load or
discharge he shall first remit a detailed note of it to the Consul or Consular Agent,
who wall immediately charge a recognised interpreter to the Consulate to communicate
it to the Superintendent of Customs. The latter shall at once deliver a permit for
shipping or landing the goods. He will then proceed to the verification of the goods-
in such manner that there shall be no chance of loss to any party.
The French merchant must cause himself to be represented (if he does not prefer
to attend himself) at the place of the verification by a person possessing the requisite
knowledge to protect his interest at the time when the verification for the liquida-
tion of the dues is made; otherwise any after claim will be null and of no effect.
With respect to goods subject to an ad valorem duty, if the merchant cannot
agree with the Chinese officers as to their value, then each party shall call in two or
three merchants to examine the goods, and the highest price which shall be offered
by any of them shall be assumed as the value of the said goods.
Duties shall be charged on the net weight; the tare will therefore be deducted.
If the French merchant cannot agree with the Chinese officer on the amount
of tare, each p'arty shall choose a certain number of chests and bales from among the
goods respecting which there is a dispute; these shall be first weighed gross, then
tared and the average tare of these shall be taken as the tare for all the others.
If during the course of verification any difficulty arises which cannot be settled*
the French merchant may claim the intervention of the Consul, who-will immediately
bring the subject of dispute to the notice of the Superintendent bf Customs, and both
will endeavour to arrive at an amicable arrangement, but the claim must be made
within twenty-four hours; otherwise it will not receive attention. So long as the
result of the dispute remains pending, the Superintendent of Customs shall not enter
the matter in his books, thus leaving every latitude for the examination and solution
of the difficulty.
On goods imported which have sustained damage a reduction of duties propor-
tionate to their depreciation shall be made. This shall be equitably determined, and,
if necessary, in the manner above stipulated for the fixing of ad valorem duties.
Art. XX.—Any vessel having entered one of the ports of China, and which has
not yet used the permit to open hatches mentioned in Article XIX., may within two
days of arrival quit that port and proceed to another without having to pay either
tonnage dues or Customs duties, but will discharge them ultimately in the port where
sale of the goods is effected.
Art. XXI.—It is established by common consent that import duties shall be
discharged by the captains or French merchants after the landing and verification
of the goods. Export duties shall in the same manner be paid on the shipment of
tlie goods. When all tonnage dues and Customs duties shj.ll have been paid in full
by a French vessel the Superintenent of Customs shall give a general aquittance, on,
the exhibition of which the Consul shall return the ship’s papers to the captain and
permit him to depart on his voyage. The Superintendent of Customs shall name
one or several banks, which shall be authorised to receive the sum due by French
merchants on account of the Government, and the receipts of these banks for all
payments which have been made to them shall be considered as receipts of the
TREATY BETWEEN FRANCE AND CHINA 77
Chinese Government. These payments may be made in ingots or foreign money,
the relative value of which to sycee shall be determined by agreement between the
Consul or Consular Agent and the Superintendent of Customs in the different ports,
according to time, #place, and circumstances.
Art. XXII.— After the expiration of the two days named in Art. XX., and
before proceeding to discharge her cargo, every vessel shall pay tonnage-dues accord-
ing to the following scale :—Vessels of one hundred and fifty tons and upwards at
the rate of four mace per ton ; vessels of less than one hundred and fifty tons mea-
surement at the rate of one mace per ton.
Any vessel clearing from any of the open ports of China for any other of the
open ports, or trading between China and such ports in Cochin-China as belong to
France, or any port in Japan, shall be entitled, on application of the master, to
a special certificate from the Superintendent of Customs, on exhibition of which
the said vessel shall be exempted from all further payment of tonnage-dues in any
open port of China for a period of four months, to be reckoned from the date of
her port-clearance ; but after the expiration of four months she shall he required to
pay tonnage-dues again.
Small French vessels and boats of every class, whether with or without sails,
shall be reckoned as coming within the category of vessels of one hundred and fifty
tons and under, and shall pay tonnage-dues at the rate of one mace per ton once in
every four months.
Native craft chartered by French merchants shall in like manner pay tonnage-
dues once in every four months.
Art. XXIII.—All French goods, after having discharged the Customs duties
according to the tariff in one ot the ports of China, may be transported into the interior
without b ing subjected to any further charge except the transit dues according to
the amended scale now in force, which dues shall not be augmented in the future.
If the Chinese Customs Agents, contrary to the tenour of the present Treaty,
make illegal exactions or levy higher dues, they shall be punished according to the
laws of the empire.
Art. XXIV.—Any French vessel entered at one of the ports open to foreign
trade and wishing to discharge only a part of its goods there, shall pay Customs dues
only for the part discharged; it may transport the remainder of its cargo to another
port and sell it there. The duty shall then be paid.
French subjects having paid in one port the duties on their goods, wishing to
re-export them and send them for sale to another port, shall notify the Consul or
Consular Agent. The latter shall inform the Superintendent of Customs, who, after
having verified the identity of the goods and the perfect integrity of the packages,
shall send to the claimants a declaration attesting that the duties on the said goods
have been paid. Provided with this declaration, the French merchants on their
arrival at the other port shall only have to present it through the medium of the
Consul or Superintendent <;f Customs, who will deliver for this part of the cargo,
Without deduction or charge, a permit for discharge free of duty ; but if the autho-
rities discover fraud or anything contraband amongst the goods re-exported, these
shall be, after verification, confiscated to the profit of the Chinese Government.
Art. XXV.—Transhipment of goods shall take place only by special permission
and in case of urgency; if it be indispensable to effect this operation, the Consul
shall be referred to, who will deliver a certificate, on view of which the transhipment
shall be authorised by the Superintendent of Customs. The latter may always
delegate an employe of his administration to be present.
Every unauthorised transhipment, except in case of peril by delay, will entail
the confiscation, to the profit of the Chinese Government, of the whole of the goods
illicitly transhipped.
Art. XXVI. - In each of the ports open to foreign trade the Superintendent of
Customs shall receive for himself, and shall deposit at the French Consulate, legal
Substituted for the original Article in 1865.
78 TREATY BETWEEN FRANCE AND CHINA
scales for goods and silver, the weights and measures agreeing, exactly with the
weights and measures in use at the Canton Custom-house, and bearing a stamp and
seal certifying this authority. These scales shall be the base ot all liquidations of
duties and of all payments to be made to the Chinese Government. Th y shall be
referred to in case of dispute as to the weights and measures of goods, and the decree
shall be according to the results they show.
Art. XXVII.—Import and export duties levied in China on French commerce
shall be regulated according to the tariff annexed to the present Treaty under the
seal and signature of the respective Plenipotentiaries. This tariff may be revised
every seven years in order to be in harmony with the changes brought about by time
in the value of the products of the soil or industry of the two empires.
By the payment of these duties, the amount of which it is expressly provided
shall not be increased nor augmented by any kind of charge or surtax whatever,
French subjects shall be free to import into China, from French or foreign ports, and
equally to export from China, to any destination, all goods which shall not be, at the
date of the signing of the present Treaty and according to the classification of the
annexed tariff, the object of a special prohibition or of a special monopoly. The
Chinese Government renouncing therefore the right of augmenting the number of
articles reputed contraband or subjects of a monopoly, any modification of the
tariff shall be made only after an understanding has been come to with the French
Government and with its full and entire consent.
With regard to the tariff, as well-as every stipulation introduced or to be in-
troduced in the existing Treaties, or those which may hereafter be concluded, it
remains well and duly established that merchants and in general all French subjects
in China shall always have the same rights and be treated in the same way as the
most favoured nation.
Art. XXVIII.—The publication of the regular tariff doing away henceforth with
all pretext for smuggling, it is not to be presumed that any act of this nature may
be committed by French vessels in the ports of China. If it should be otherwise,
all contraband goods introduced into these ports by French vessels or merchants
whatever their value or nature, as also all prohibited goods fraudulently discharged,
shall be seized by the local authority and confiscated to the profit of the Chinese
Government. Further, the latter may, if it see fit, interdict the re-entry to China of
the vessel taken in contravention and compel it to leave immediately after the settle-
ment of its accounts.
If any foreign vessel fraudulently makes use of the French flag the French
Government shall take the necessary measures for the repression of this abuse.
Art. X.SIX.—His Majesty the Emperor of the French may station a vessel of war
in any principal port of the empire where its presence may be considered necessary to
maintain good order and discipline amongst the crews of merchant vessels and to
facilitate the exercise of the Consular authority; all necessary measures shall be taken,
to provide that the presence of these vessels of war shall entail no inconvenience, and
their commanders shall receive orders to cause to be executed the provisions of
Article XXXIII. in respect of the communications with the land aud the policing
of the crews. Vessels of war shall be subject to no duty.
Art. XXX.—Every French vessel of war cruising for the protection of commerce
shall be received as a friend and treated as such in all the ports of China which it
shall enter. These vessels may there procure the divers articles of refitting and
victualling of which they shall have need, and, if they have suffered damage, may
repair there and purchase the materials necessary for such repair, the whole without
the least opposition.
The same shall apply to French trading ships which in consequence of great
damage or any other reason may be compelled to seek refuge in any port whatsoever
of China.
If a vessel be wrecked on the coast of China, the nearest Chinese authority, on
being informed of the occurrence, shall immediately send assistance to the crew,
provide for their present necessities, and take the measures immediately necessary
TREATY BETWEEN FRANCE AND CHINA 79
fox the salvage of the ship and the preservation of the cargo. The whole shall then
be brought to the knowledge of the nearest Consul or Consular Agent, in order that
the latter, in concert with the competent authority, may provide means for the
relief of the crew and the salvage of the debris of the ship and cargo.
Art. XXXI.—Should China be at war with another Power, this circumstance
shall not in any way interfere with the free trade of France with China or with the
opposing nation. French vessels may always, except jn the case of effective blockade,
sail without obstacle from the ports of the one to, the ports of the other, trade in the
ordinary manner, and import and export every kind of merchandise not prohibited.
Art. XXXII.—Should sailors or other persons desert from French ships-of-war,
or leave French trading vessels, the Chinese authority, on the requisition of the
Consul, or failing the Consul that of the captain, shall at once use every means to
discover and restore the aforesaid fugitives into the hands of one or the other of them.
In the same manner, if Chinese deserters or persons accused of any crime take
refuge in French houses or on board of French vessels, the local authority shall
address the Consul, who, on proof of the guilt of the accused, shall immediately take
the measures necessary for their extradition. Each party shall carefully avoid
concealment and connivance.
Art. XXXIII.—-When sailors come on shore they shall be under special dis-
ciplinary regulations framed by the Consul and communicated to the local authority,
in order to prevent as far as possible all occasion of quarrel between French sailors
and the people of the country.
Art. XXXIV.—In case of French trading vessels being attacked or pillaged by
pirates within Chinese waters, the civil and military authorities of the nearest place,
upon learning of the occurrence, shall actively pursue the authors of the crime and
shall neglect nothing to secure their arrest and punishment according to law. The
pirated goods, in whatever place or state they may be found, shall be placed in the
hands of the Consul, who shall restore them to the owners. If the criminals cannot
be seized, or the whole of the stolen property cannot be recovered, the Chinese officials
shall suffer the penalty inflicted by the law in such circumstances, but they shall not
be held pecuniarily responsible.
Art. XXXV\—When a French subject shall have a complaint to make or claim
to bring against a Chinese, he shall first state his case to the Consul, who, after
having examined the affair, will endeavour to arrange it amicably. In the same
manner, when a Chinese has to complain of a French subject, the Consul shall
attentively hear his claim and endeavour to bring about an amicable arrangement.
But if in either case this be impossible, the Consul shall invoke the assistance of a
competent Chinese official, and these two, after having conjointly examined the affair
shall decide it equitably.
Art. XXXVI.—If hereafter French subjects suffer damage, or are subjected
to any insult or vexation by Chinese subjects, the latter shall be pursued by the
local authority, who shall take the necessary measures for the defence and pro-
tection of French subjects ; if ill-doers or any vagrant part of the population com-
mence to pillage, destroy, or burn the houses or warehouses of French subjects or
any other of their establishments, the same authority, either on the requisition of the
Consul or of its own motion, shall send as speedily as possible an armed force to
disperse the riot and to arrest the criminals, and shall deliver the latter up to the
severity of the law; the whole without prejudice of the claims of the French subjects
to be indemnified for proved losses.
Art. XXXVII.—If Chinese become, in future, indebted to French captains or
merchants and involve them in loss by fraud or in any other manner, the latter shall
no longer avail themselves of the combination which existed under the former state
of things; they may address themselves only through the medium of their Consul to
the local authority, who shall neglect nothing after having examined the affair to
compel the defaulters to satisfy their engagements according to the laws of the
country. But, if the debtor cannot be found, if he be dead, or bankrupt, and is not
able to pay, the French merchants cannot claim against the Chinese authority.
80 TEEATY- BETWEEN FRANCE AND CHINA
In case of fraud or non-payment on the part of French merchants, the Consul
shall, in the same manner, afford every assistance to the claimants, but neither he
nor his Government shall in any manner be held responsible.
Art. XXXVIII.—If unfortunately any fight or quarrel occurs between French
and Chinese subjects, as also if during the coui se of such quarrel one or more persons
be killed or wounded, by firearms or otherwise, the Chinese shall be arrested by the
Chinese authority, who will be responsible, if the charge be proved, for their punish-
ment according to the laws of the country. With regard to the French, they shall
be arrested at the instance of the Consul, who shall take the necessary measures that
they may be dealt with in the ordinary course of French law in accordance with the
forms and practice which shall be afterwards decided by the French Government.
The same course shall be observed in all similar circumstances not enumerated
in the present convention, the principle being that for the repression of crimes and
offences committed by them in China French subjects shall be dealt with according
to the laws of France.
Art XXXIX.—Disputes or differences arising between French subjects in China
shall, equally, be settled by the French authorities. It is also stipulated that the
Chinese authorities shall not in any manner interfere in any dispute between French
subjects and other foreigners. In the same way they shall not exercise any authority
over French vessels; these are responsible only to the French authorities and the
captain.
Art. XL.—If the Government of His Majesty the Emperor of the French shall
consider it desirable to modify any of the clauses of the present Treaty it shall be at
liberty to open negotiations to this effect with the Chinese Government after an
interval of ten years from the date of the exchange of the ratifications. It is also
understood that no obligation not expressed in the present convention shall be
imposed on the Consuls or Consular Agents, nor on their nationals, but, as is
stipulated, French subjects shall enjoy all the rights, privileges, immunities, and
guarantees whatsoever which have been or shall be accorded by the Chinese Govern-
ment to other Powers.
Art. XLI.—His Majesty the Emperor of the French, wishing to give to His
Majesty the Emperor of China a proof of his friendly sentiments, agrees to stipulate
in separate Articles, having the same force and effect as if they were inserted in the
present Treaty, the arrangements come to between the two Governments on the
matters antecedent to the events at Canton and the expense caused by them to the
Government of His Majesty the Emperor of the French.
Art. XLII.—The ratifications of the present Treaty of Friendship, Commerce, and
Navigation shall be exchanged at Peking within one year after the date of signature,
or sooner if possible.
After the exchange of ratifications, the Treaty shall be brought to the
knowledge of all the superior authorities of the Empire in the provinces and in the
capital, in order that its publication may be well established.
In token whereof the respective Plenipotentiaries have signed the present Treaty
and affixed their seals thereto.
Done at Tientsin, in four copies, this twenty-seventh day of June, in the year of
grace one thousand eight hundred and fifty-eight, corresponding to the seventeenth
day of the fifth moon of the eighth year of Hien Fung.
(Signed) [L.S.] Bakon Geos.
[L.S.] Kwei-Liang.
[L.S.] Hwashana.
•CONVENTION BETWEEN EKANCE AND CHINA
Signed at Peking, 25th October, 1860
His Majesty tlie Emperor of the French and His Majesty the Emperor of China
I: “feeing desirous to put an end to the difference which has arisen between the two
Empires, and to re-establish and assure for ever the relations of peace and amity which
I ^before existed and which regrettable events have interrupted, have named as their
‘ respective Plenipotentiaries :—
His Majesty the Emperor of the French, Sieur Jean Baptiste Louis, Baron Gros,
s Senator of the Empire, Ambassador and High Commissioner of France in China,
| Grand Officer of the Imperial Order of the Legion of Honour, Knight Grand Cross
If of several Orders, etc., etc., etc.;
And His Majesty the Emperor of China, Prince Kung, a member of the Imperial
| Family and High Commissioner ;
Who, having exchanged their full powers, found in good and due form, have
f agreed upon the following Articles
Art. I.—His Majesty the Emperor of China has regarded with pain the conduct
of the Chinese military authorities at the mouth of the Tientsin river, in the month of
June last year, when the Ministers Plenipotentiary of France and England arrived
“there on their way to Peking to exchange the ratifications of the Treaties of Tientsin.
Art. II.—When the Ambassador, the High Commissioner of His Majesty the
Emperor of the French, shall be in Peking for the purpose of exchanging the ratifica-
tions of the Treaty of Tientsin, he shall be treated during his stay in the capital with
i 'the honours due to his rank, and all possible facilities shall be given him by the
Chinese Authorities in order that he may without obstacle fulfil the high mission
confided to him.
Art. III.—The Treaty signed at Tientsin on the 27th June, 1858, shall be faith-
fully placed in execution in all its clauses immediately after the exchange of the
ratifications referred to in the preceding Article, subject to the modifications introduced
by the present Convention.
A.rt. IV.—Article IV. of the Secret Treaty of Tientsin, by which His Majesty the
Emperor of China undertook to pay to the French Government an indemnity of two
.million Taels, is annulled and replaced by the present Article, which increases the
amount of the indemnity to eight million Taels.
It is agreed that the sum already paid by the Canton Customs on account of the
-sum of two million Taels stipulated by the Treaty of Tientsin shall be considered as
having been paid in advance and on account of the eight million Taels referred to in
' -the present Article.
The provisions of the Article of the Secret Treaty of Tientsin as to the mode of
.payment of the two million Taels are annulled. Payment of the remainder of the sum
of eight million taels to be paid by the Chinese Government as provided by the present
-Convention shall be made in quarterly instalments consisting of one-fifth of the gross
Customs revenues at the ports open to foreign trade, the first term commencing on
the 1st October of the present year, and finishing on the 31st December following.
This sum, specially reserved for the payment of the indemnity due to France, shall be
| ;paid into the hands of the Minister for France or of his delegates in Mexican dollars
or in bar silver at the rate of the day of payment.
CONVENTION BETWEEN FRANCE AND CHINA
A sum of five hundred thousand Taels shall, however, be paid on account in
advance at one time, and at Tientsin, on the 30th November next, or sooner if the
Chinese Government judges it convenient.
A Mixed Commission, appointed by the Minister of France and by the Chinese
Authorities, shall determine the rules to be followed in effecting the payment of the
whole of the indemnity, the verification of the amount, the giving of receipts, and in
short fulfilling all the formalities required in such case.
Art. V.—-The sum of eight million Taels is allowed to the French Government to
liquidate the expenses of its armament against China, as also for the indemnification
of French subjects and proteges of France who sustained loss by the burning of the
factories at Canton, and also to compensate the Catholic missionaries who have
suffered in their persons or property. The French Government will divide this sum
between the parties interested, after their claims shall have been legally established,
in satisfaction of such claims, and it is understood between the contracting parties
that one million of Taels shall be appropriated to the indemnification of French subjects
or proteges of France for the losses they have sustained or the treatment to which
they have been subjected, and that the remaining seven million Taels shall be applied
to the liquidation of the expenses occasioned by the war.
Art. VI.—In conformity with the Imperial edict issued on the 20th March, 1856,
by the August Emperor Tao Kwang, the religious and charitable establishments which
have been confiscated during the persecutions of the Christians shall be restored to
their proprietors through the Minister of France in China, to whom the Ijnperial
Government will deliver them, with the cemeteries and edifices appertaining to them.
Art. VII.—The town and port of Tientsin, in the province of Pechili, shall be-
opened to foreign trade on the same conditions as the other towns and ports of the
Empire where such trade is permitted, and this from the date of the signature of the
present Convention, which shall be obligatory on the two nations without its being
necessary to exchange ratifications, and which shall have the same force as if it were
inserted word for word in the Treaty of Tientsin.
The French troops now occupying this town shall, on the payment of the five
hundred thousand taels provided by Article IV. of the present Convention, evacuate
it and proceed to occupy Taku and the north-east coast of Shantung, whence they
shall retire on the same conditions as govern the evacuation of the other points
occupied on the shores of the Empire. The Commanders-in-Chief of the French force
shall, however, have the right to winter their troops of all arms at Tientsin, if they
judge it convenient, and to withdraw them only when the indemnities due by the
Chinese Government shall have been entirely paid, unless the Commanders-in-Chief
shall think it convenient to withdraw them before that time.
Art. VIII.—It is further agreed that when the present Convention shall have
been signed and the ratifications of the Treaty of Tientsin exchanged, the French’
forces which occupy Chusan shall evacuate that island, and that the forces before
Peking shall retire to Tientsin, to Taku, to the north coast of Shantung, or to
the town of Canton, and that in all these places or in any of them the French
Government may, if it thinks fit, leave troops until such time as the total sum of
eight million taels shall have been fully paid.
Art. IX.—It is agreed between the high contracting parties that when the-
ratifications of the Treaty of Tientsin shall have been exchanged an Imperial edict
shall order the high authorities of all the provinces to permit any Chinese who wishes
to go to countries beyond the sea to establish himself there or to seek his fortune, to-
embark himself and his family, if he so wishes, on French ships in the ports of the
empire open to foreign trade. It is also agreed, in the interest of the emigrants, to-
ensure their entire freedom of action and to safeguard their rights, that the competent
Chinese authorities shall confer with the Minister of France in China for the making:
of regulations to assure for these engagements, always voluntary, the guarantees of
morality and security which ought to govern them.
TREATY BETWEEN FRANCE AND CHINA
Art. X.—It is well understood between the contracting parties that the tonnage
►dues which by error were fixed in the French Treaty of Tientsin at five mace per ton
‘for vessels of 150 tons and over, and which in the Treaties with England and the
TJnited States signed in 1858 were fixed at four mace only, shall not exceed this
same sum of four mace, and this without the invocation of the last paragraph of
Art. XXXI1. of the Treaty of Tientsin, which gives to France the formal right to
• claim the same treatment as the most favoured nation.
The present Convention of Peace has been made at Peking, in four copies, on the
.25th October, 1860, and has been signed by the respective plenipotentiaries.
TREATY OE PEACE, FRIENDSHIP, AND COMMERCE
BETWEEN FRANCE AND CHINA
Signed at Tientsin, 9th June, 1885
The President of the French Republic and His Majesty the Emperor of China,
• each animated by an equal desire to bring to an end the difficulties which have
r.given rise to their simultaneous intervention in the affairs of Annam, and wishing to
■ re-establish and improve the relations of friendship and commerce which previously
-existed between France and China, have resolved to conclude a new Treaty to further
rthe common interest of both nations on the basis of the preliminary Convention
signed at Tientsin on the 11th May, 1884, and ratified by an Imperial decree of the
13th April, 1885.
For that purpose the two high contracting parties have appointed as their Pleni-
potentiaries the following, that is ter say •.—
The President of the French Republic, M. Jules Patenotre, Envoy Extraordinary
; and Minister Plenipotentiary for France in China, Officer of the Legion of Honour,
•Grand Cross of the Swedish Order of the Pole Star, &c., &c.
And His Majesty the Emperor of China, Li Hung-chang, Imperial Commissioner,
Senior Grand Secretary of State, Grand Honorary Preceptor of the Heir Presumptive;
• Superintendent of Trade for the Northern Ports, Governor-General of the Province
of Chihli, of the First degree of the Third Order of Nobility, with the title of Sou-yi;
Assisted by Hsi Chen, Imperial Commissioner, Member of the Tsung-li Yamen,
President of the Board of Punishments, Administrator of the Treasury at the Ministry
• of Finance, Director of Schools for the Education of Hereditary Officers of the
Left Wing of the Yellow Bordered Banner ;
And Teng 'Ohaug-su, Imperial Commissioner, Member of the Tsung-li Yamen,
Director of the Board of Ceremonies ;
Who, having communicated their full powers, which have been found in good
.and due form, have agreed upon the following Articles :—
Art. I.—Frauce engages to re-establish and maintain order in those provinces of
Annam which border upon the Chinese empire. For this purpose she will take the
• necessary measures to disperse or expel the bands of pirates and vagabonds who
• endanger the public safety, and to prevent their collecting together again. Nevertheless,
rthe French troops shall not, under any circumstances, cross the frontier which separates
TREATY BETWEEN FRANCE AND CHINA
Tonkin from China, which frontier France promises both to respect herself and to
guarantee against any aggression whatsoever.
On her part China undertakes to disperse or expel such bands as may take refuge
in her provinces bordering on Tonkin and to disperse those which it may be attempted
to form there for the purpose of causing disturbances amongst the populations placed
under the protection of France ; and, in consideration of the guarantees wbich have
been given as to the security of the frontier, she likewise engages not to send troops
into Tonkin.
The high contracting parties will fix, by a special convention, the conditions under
which the extradition of malefactors between China and Annam shall be carried out.
The Chinese, whether colonists or disbanded soldiers, who reside peaceably in
Annam, supporting themselves by agriculture, industry, or trade, aad whose conduct
shall give no cause of complaint, shall enjoy the same security for their persons and
property as French proteges.
Art. II.—China, being resolved to do nothing which may imperil the work of
pacification undertaken by France, engages to respect, both in the present and in
the future, the Treaties, Conventions, and Arrangements concluded directly between
France and Annam, or which may hereafter be concluded.
As regards the relations between China and Annam, it is understood they shall
be of such a nature as shall in no way injure the dignity of the Chinese empire or
give rise to any violation of the present Treaty.
Art. III.—-Within a period of six months from the signature of the present
Treaty commissioners appointed by the high contracting parties shall proceed to the-
spot in order to define the frontier between China and Tonkin. They shall place
landmarks wherever necessary to render the line of demarcation clear. In those
cases where they may not be able to agree as to the location of these landmarks or on-
such rectifications of detail as it may be desirable to make, in the interest of the two-
nations, in the existing frontier of Tonkin, they shall refer the«difficulty to their
respective Governments.
Art. IV.—When the frontier shall have been agreed upon, French or French
proteges and foreign residents of Tonkin who may wish to cross it in order to enter
* China shall not be allowed to do so unless they shall have previously provided them-
selves with passports issued by the Chinese frontier authorities on the requisition of
the French authorities. For Chinese subjects an authorisation given by the Imperial
frontier authorities shall be sufficient.
Chinese subjects wishing to proceed from China to Tonkin by the land route-
shall be obliged to provide themselves with regular passports, issued by the French'
authorities on the requisition of the Imperial authorities.
Art. V.—Import and export trade shall be permitted to French or French'
protected traders and to Chinese traders across the land frontier between China and
Tonkin. It shall, however, be carried on through certain spots which shall be
settled later, and both the selection and number of which shall correspond with the-
direction and importance of the traffic between the two countries. In this respect
the Eegulations in force in the interior of the Chinese Empire shall be taken info
account.
In any case, two of the said spots shall be marked out on the Chinese frontier,
the one above Lao-kai, the other beyond Lang-son. French traders shall be at-
liberty to settle there under the same conditions, and with the same advantages, as
in the ports open to foreign trade. The Government of His Majesty the Emperor of
China shall establish Custom-houses there, and the Government of the French Republic
shall be at liberty to maintain Consuls there whose powers and privileges shall be
identical with those of Agents of the same rank in the open ports.
On his part, His Majesty the Emperor of China shall be at liberty, with the-
concurrence of the French Government, to appoint Consuls in the principal towns of
Tonkin.
TREATS' BETWEEN FRANCE AND CHINA 85"
Art. VI.—-A special code of Regulations, annexed to .the present Treaty, shall
define the conditions under which trade shall be carried on by land between Tonkin
and the Chinese provinces of Yunnan, of Kwang-si, and of Kwang-tung. Such
Regulations shall be drawn up by Commissioners, who shall be appointed by the •
high contracting parties, within three months from the signature of the present
Treaty.
All goods dealt with by such trade shall be subject, on import and export
between Tonkin and the provinces of Yunnan and Kwang-si, to duties lower than
those laid down by the present tariff for foreign trade. The reduced tariff shall
not, however, be applied to goods transported by way of the land frontier between
Tonkin and Kwang-tung, and shall not be enforced within the ports already open
by Treaty.-
Trade in arms, engines, supplies, and munitions of war of any kind whatsoever
shall be subject to the Laws and Regulations issued by each of the contracting
States within its own territory.
The export and import of opium shall be governed by special arrangements to
be inserted in the above-mentioned code of Regulations.
Trade by sea between China and Annam shall likewise be dealt with by a separate
code of Regulations. In the meanwhile, the present practice shall remain unaltered.
Art. VII.—With a view to develop under the most advantageous conditions the
relations of commerce and of good neighbourship, which it is the object of the present
Treaty to re-establish between France and China, the Government of the Republic
shall construct roads in Tonkin, and shall encourage the construction of railways
there.
When China, on her part, shall have decided to construct railways, it is agreed
that she shall have recourse to French industry, and the Government of the Republic
shall afford every facility for procuring in France the staff that may be required. It
is, moreover, understood that this clause shall not be looked upon as constituting an
exclusive privilege in favour of France.
Art. VIII.—The commercial stipulations of the present Treaty and the Regula-
tions to be agreed upon shall be liable to revision after an interval of ten complete
years from the date of the exchange of the ratifications of the present Treaty. But
in case six months before it expires neither ore nor other of the high contracting
parties shall have expressed a wish to proceed to a revision, the commercial stipula-
tions shall remain in force for a fresh period of ten years, and so further in like
manner.
Art. IX.—As soon as the present Ti-eaty shall have been signed, the French-
forces shall receive orders to retire from Keelung and to cease search, &c., on the high
seas. Within one month from the signature of the present Treaty the Island of
Formosa and Pescadores shall be entirely evacuated by the French troops.
Art. X.—All stipulations of former Treaties, Agreements, and Conventions
between France and China, which are not modified by the present Treaty, remain in
full force.
The present Treaty shall be ratified at once by His Majesty the Emperor of China,
and after it shall have been ratified by the President of the French Republic the
exchange of ratifications shall take place at Peking with the least possible delay.
Done in quadruplicate at Tientsin, this ninth day of June, one thousand eight
hundred and eighty-five, corresponding to the twenty-seventh day of the fourth moon
of the eleventh year of Kwang-Hsu.
(Signed) [l.s.j Patenotre.
[n.s.l Hsi Chen.
[L.S.] Li Hung-chang.
[L.S.j Teng Chang-su.
TRADE REGULATIONS EOR THE TONKIN ERONTIER
.JOINTLY DETERMINED ON BY ERANCE AND CHINA
Signed at Peking, 25th April, 1886
[ Translated from the French Text]
Whereas in Article VI. of the Treaty between the President of the French Ke-
public and His Majesty the Emperor of China, signed the 9th day of June, 1885, it is
stated that “ Regulations for the conduct of overland trade between Tonkin and the
■ Chinese provinces of Yunnan, Kwang-si, and Kwang-tung shall be jointly discussed and
.concluded by Commissioners appointed by the two Powers, and will form a supple-
ment to the present Treaty”; and whereas in Article X. of that Agreement it is
: set forth that “ provisions of former Treaties and Regulations agreed to by France
and China, except in so far as they are modified by the present agreement, will continue
to retain their original validity,” the two high contracting parties have for this
purpose named as tlieir Plenipotentiaries, that is to say:—
The President of the French Republic, G. Cogordan, Minister Plenipotentiary
. of France to China, Officer of the Legion of Honour, Knight of the Order of the Crown
of Italy, &c., Ac., together with E. Bruwaert, Consul of the first class, Assistant
Commissioner for Treaty negotiations, Knight of the Order of Gustav of Sweden, and
of the Order of Leopold of Belgium ;
And His Majesty the Emperor of China, Li, Grand Preceptor of the Heir Ap-
parent, Grand Secretary of State, Superintendent of Trade for the Northern Seaboard,
.Joint Commissioner of Admiralty, Governor of Chihli, and a member of the first
degree of the Third Order of the Hereditary Nobility, with the title of Sou-yi;
Who, after having communicated to each other their respective full powers, and
found them to be in due form, have concluded the following Articles:—
Art. I.—In accordance with the terms of Article Y. of the Treaty of the 19th
June, 1885, the high contracting parties agree that for the present two places shall
< be opened to trade, one to the north of Laugson and the other above Lao-kai. China
will establish Custom-houses there, and France shall have the right to appoint
Consuls, who shall-enjoy all rights and privileges conceded in China to the Consuls
-of the most favoured nation.
The work of the Commission charged with the delimitation of the two countries
not being completed at the time of the signature of the present Convention, the place
-to be opened to trade north of Laugson shall be selected and determined in the
-c-nirse of the present year by arrangement between the Imperial Government and the
representative of France at Peking. As to the place to be opened to trade above
Lao-kai, this will also be determined by common accord when the frontier between
the two countries shall have been defined.
Art. II.—The Imperial Government may appoint Consuls at Hanoi and at
Haiphong. Chinese Consuls may also be sent later on to other large towns in
' Tonkin by arrangement with the French Government.
TRADE REGULATIONS FOR THE TONKIN FRONTIER
The agents shall be treated in the same manner and have the same rights and
privileges as the Consuls of the most favoured nation in France. They shall maintain
official relations with the French authorities charged with the Protectorate.
Art. III.—It is agreed, on the one side and the other, that in the places where
Consuls are appointed the respective authorities will facilitate the installation of these-
agents in suitable residences.
Frenchmen may establish themselves in the places opened to trade on the frontier
of China under the conditions set forth in the Articles VII., X., XI.', XII., and others-
-of the Treaty of the 27th June, 1858.
Annamites shall enjoy in these places the same privileged treatment.
Art. IV.—Chinese shall have the right of possessing land, erecting buildings,
opening commercial houses, and having warehouses throughout Annam.
They shall receive for their persons, their families, and their goods the same-
protection as the most favoured European nation, aud, like the latter, may not be made
the object of any ill-treatment. The official and private correspondence and telegrams
of Chinese officials and merchants shall be freely transmitted through the French
postal and telegraphic administrations.
Frenchmen will receive from China the same privileged treatment.
Art. V.—Frenchmen, French proteges, and foreigners residing in Tonkin may
cross the frontiers and enter China on condition of being furnished with passports.
These passports will be given by the Chinese authorities at the frontier, on the
requisition of the French authorities, who will ask for them only for respectable-
persons ; they will be surrendered to be cancelled on the holder’s return. In the case
of those who have to pass any place occupied by aborigines or savages, it will be
mentioned in the passport that there are no Chinese officials there who can protect
them.
Chinese who wish to come from China to Tonkin by land must in the same-
way be furnished with passports granted by the French authorities on the requisition
of the Chinese authorities, who will ask for them only on behalf of respectable
persons
The passports so granted on the one side or the other shall serve only as titles-
to travel and shall not be considered as certificates of exemption from taxes for the
transport of merchandise.
Chinese authorities on Chinese soil and French authorities in' Tonkin shall have
the right to arrest persons who have crossed the frontier without passports and send
them back to their i-espective authorities to be tried and punished if necessary.
Chinese residing in Annam may return from Tonkin to China on simply
obtaining from the Imperial authorities a pass permitting them to cross the-
frontier.
Frenchmen and other persons established in the open places on the frontier may
travel without passports to a distance of 50 li (578 metres to the li) around such
places.
Art. VI.—Merchandise imported into the places opened to trade on the frontier
of China by French merchants and French proteges may, after payment of the import
duties, be conveyed to the interior markets of China under the conditions fixed by
Rule VII. annexed to the Treaty of the 27th June, 1858, and by the general rules of
the Chinese Imperial Maritime Customs with regard to import transit passes.
When foreign merchandise is imported into these places a declaration shall be
made at the Custom-house of the nature and quantity of the merchandise, as well as
of the name of the person by whom it is accompanied. The Customs authorities will
proceed to verification, and will collect the duty according to the general tariff of the
Imperial Maritime Customs, diminished by one-fifth. Articles not mentioned in the
tariff will remain subject to the duty of 5 per cent, ad valorem. Until this duty has
been paid the goods may not be taken out of the warehouses to be sent away and sold.
A merchant wishing to send foreign merchandise into thqinterior shall make a
fresh declaration at the Custom-house, and pay, without reduction, the transit dues
fixed by the general rules of the Chinese Maritime Customs.
-S8 TRADE REGULATIONS FOR THE TONKIN FRONTIER
After this payment the Customs will deliver a transit pass which will enable the
.carriers to go to the localities mentioned in the pass for the purpose of disposing of
the said merchandise.
Under these conditions, no t.ew duties will be levied at the interior barriers or
leleiu stations.
Merchandise for which transit passes have not been obtained will be liable to all
■the barrier and lekiu duties imposed upon indigenous products in the interior of the
country.
Art. VII.—Merchandise bought by Frenchmen and persons under French
; protection in the interi -r markets of China may be brought into the open places on
the frontier, for the purpose of being from thence exported to Tonkin, under the
. conditions fixed by Rule VII. annexed to the Treaty of the 27th June, 1858, with
regard to the transit if merchandise for export.
When Chinese merchandise for export arrives at these places, declaration
-shall lie made at the Custom-house as to the nature and quantity of the merchandise,
. as well as the name of the person accompanying it.
The Customs authorities will proceed to verification.
Such of this merchandise as shall have been bought in the interior by a merchant
furnished with a transit pass, and which consequently has not paid any lekin
. or barrier duty, shall in the first place pav the transit duty fixed by the general
tariff of the Chinese Maritime Customs.
It shall then pay the export duty, dimini-hed by one-third. Articles not named
in the tariff will remain subject to the duty of 5 per cent, ad valorem.
After payment of these duties the merchandise will be allowed to pass free, and
* to be sent beyond the frontier.
The merchant who, not being furnished with a transit pass, has bought goods
in the interior, shall pay the duties levied at the barriers and lekin stations; receipts
shall be delivered to him, and on arriving at the Custom-house he shall be exempted
from payment of the transit dues on presentation of these receipts.
French merchants and persons under French protection importing or exporting
merchandise through the Customs offices on the frontiers of Yunnan and Kwangsi,
, and Chinese merchants importing or exporting merchandise to 'or from Tonkin,
will not have to pay any toll on their carriages or beasts of burden. On the navigable
water-courses on the frontier, vessels may, on the one side and the other, be subjected
to the payment of tongage-dues, conformably to the rules of the Maritime Customs
. of the two countries.
As regards the provisions of the present Article and the precediug one, it is
agreed by the high contracting parties that if a new Customs tariff should be
. established by common accord between China and a third Power, for trade by land
on the south-western frontiers of the Chinese Empire, France shall obtain the
application of it.
Art. VIII.—Foreign merchandise which, not having been sold within a period
. of thirty-six months after having paid the import duty at one of the Chinese frontier
Customs stations, is forwarded to the other frontier Customs station, shall be
. examined at the first of these stations, and if the wrappings are found intact, and
if nothing has been disturbed or changed, a certificate of exemption for the amount
. of the first duty collected will be given. The bearer of this certificate will deliver it
to the other frontier station, in payment of the new duty which he will have to pay.
The Customs may in like manner give bonds which will be available for payment of
duties at the Custom-house by which they are issued any time within three years.
Money will never be returned.
If the same merchandise is re-despatched to one of the open ports of China, it
will there, conformably to the general rules of the Chinese Maritime Customs, be
-subjected to payment o the import duties, and the certificates or bonds given at
the frontier Customs shall not there be made use of. Neither will it be allowed to
present there, in payment of duties, the quittances delivered by the frontier Customs
on the first payment. As to transit dues, conformably to the rules in force at the
TRADE REGULATIONS FOR THE TONKIN FRONTIER 89-
open ports, when once they have been paid, bonds or exemption certificates will never
be given in respect of these.
Art. IX.—Chinese merchandise which, after having paid transit and export dues
at one of the frontier Customs stations, may be sent to the other frontier Customs-
station to be sold, shall be subjected on its arrival at the second station only to a
payment—called a re-importation duty—of one-half the expoi-t duty already collected.
The merchandise conformably to the rules established in the open ports may not be*
transported into the interior by foreign merchants.
If this Chinese merchandise be transported to one of the open ports of China, it
will be assimilated to foreign merchandise, and shall pay a new import duty in full,,
conformably to the general tariff of the Imperial Maritime Customs.
This merchandise will be allowed to pay transit duty on being sent into the in--
terior. Chinese merchandise imported from a Chinese seaport into an Annamite port
in order to be transported to the land frontier and then to re-enter Chinese territory
will be treated as foreign merchandise and will pay the local import dues. This
merchandise will be allowed to pay the transit duty on being sent into the interior.
Art. X.—Declarations to the Chinese Customs must be made within thirty-six
hours of the arrival of the goods under a penalty of Tls. SO for each day’s delay; but
the fine shall not exceed Tls. 200. An inexact declaration of the quantity of the goods,
if it is proved that it has been made with the intention of evading payment of the
duties, will entail upon the merchant confiscation of his goods. G-oods not provided
with a permit from the chief of the Customs, which are clandestinely introduced
by by-ways, and unpacked or sold, or which are intentionally smuggled, shall be
entirely confiscated. In every case of false declaration or attempt to deceive the*
Customs as regards the quality or the real origin or real destination of goods
for which transit passes have been applied the goods shall be liable to con-
fiscation. The penalties shall be adjudged according to the conditions and proce-
dure fixed by the Eules of 31st May, 1868. In all cases where confiscation shall
have been declared, the merchant shall be at liberty to recover his goods on payment
of a sum equivalent to their value, to be duly settled by arrangement with the Chinese
authorities. The Chinese authorities shall have every liberty to devise measures to
be taken in China, along the frontier, to prevent smuggling.
Merchandise descending or ascending navigable rivers in French, Annamite, or
Chinese vessels will not necessarily have to be landed at the frontier, unless there is
an appearance of fraud, or a divergence between the nature of the cargo and the*
declaration of the manifest. The Customs will only send on board the said vessels
agents to visit them.
Art. XI.—Produce of Chinese origin imported into Tonkin by the land frontier
shall pay the import duty of the Franco-Annamite tariff. They will pay no export
duty on leaving Tonkin. The Imperial Government will be notified of the new
tar ff which France will establish in Tonkin. If taxes of excise, of consumption, or
of guarantee be established in Tonkin on any articles of indigenous production,
similar Chinese productions will be subjected, on importation, to equivalent taxes.
Art. XII.—Chinese merchandise transported across Tonkin from one of the
two frontier Customs stations to the other, or to an Annamite port to be from thence
exported to China, shall be subjected to a specific transit duty which shall not exceed^
two per cent, of the value. At the point where it leaves Chinese territory this
merchandise will be examined by the French Customs authorities on the frontier,,
who will specify its nature, quantity, and destination in a certificate which shall be
produced whenever required by the French authorities during its transport across •
Tonkin, as well as at the port of shipment.
In order to guarantee the Franco-Annamite Customs against any possible fraud,
such Chinese produce, on entering Tonkin, shall pay the import duty.
A transit permit will accompany the goods to the place of leaving the country,,
whether this be the port of transhipment or the land frontier, and the sum paid by
the proprietor of the merchandise will, after deducting the transit dues, be then-
restored to him in exchange for the receipt delivered to him by the Tonkin Customs'.
(90 TRADE REGULATIONS FOR THE TONKIN FRONTIER
Every false declaration or act evidently intended to deceive the French admini-
stration as to the quality, quantity, real origin, or real destination of merchandise
on which the special treatment applicable to Chinese products traversing Tonkin in
transit is asked, will entail the confiscation of such merchandise. In every case
where confiscation has been declared, the merchant shall be free to recover his goods
on payment of a sum equivalent to their value, which shall be duly determined by
an arrangement with the French authorities.
The same rules and the same transit duty will be applicable in Annam to Chinese
merchandise despatched from a Chinese port to an Annamite port in order to get to
the Chinese frontier Customs by crossing Tonkin.
Art. XIII.—The following articles, that is to say, gold and silver ingots, foreign
money, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese,
butter, confectionery, foreign clothing, jewellery, plated ware, perfumery, soaps of all
kinds, charcoal, firewood, candles (foreign), tobacco, wine, beer, spirits, household
stores, ship’s stores, personal baggage, stationery, carpeting, cutlery, drugs, foreign
medicines, and glassware, shall be verified by the Chinese Customs on their entry
and clearance; if they are really of foreign origin and intended for the personal
use of foreigners, and if they arrive in moderate quantity, a duty exemption certificate
will be given which will pass them free at the frontier. If these articles are withheld
from declaration or the formality of an exemption certificate, their clandestine intro-
duction will render them subject to the same penalty as smuggled goods.
With the exception of gold, silver, money, and luggage, which will remain exempt
from duty, the above-mentioned articles destined for the personal use of foreigners
and imported in moderate quantity, will pay, when they are transported into the
interior of China a duty of 2-| per cent, on their value.
The Franco-Annamite frontier Customs shall collect no duty on the following
articles of personal use which Chinese carry with them, either on entering or leaving
Tonkin, that is to say, money, luggage, clothes, women’s head ornaments, paper,
hair pencils, Chinese ink, furniture, or food, or on articles ordered by the Chinese
Consuls in Tonkin for their personal consumption.
Art. XIV.—The high contracting parties agree to prohibit trade in and trans*
port of opium of whatsoever origin by the land frontier between Tonkin on the one
side and Yunnan, Kwang-si, and Kwangtung on the other side.
Art. XV.—The export of rice and of cereals from China is forbidden. The
import of these articles shall be free of duty.
The import of the following articles into China is forbidden:—Gunpowder, pro-
jectiles, rifles and guns, saltpetre, sulphur, lead, spelter, arms, salt, and immoral
publications.
In case of contravention these articles shall be entirely confiscated.
If the Chinese authorities have arms or munitions bought or if merchants
. receive express authority to buy them, the importation will be permitted under the
special surveillance of the Chinese Customs. The Chinese authorities may, further-
more, by arrangement with the French Consuls, obtain for the arms and munitions
which they wish to have conveyed to China through Tonkin exemption from all the
Franco-Annamite duties.
The introduction into Tonkin of arms, munitions of war, and immoral publica-
tions is also prohibited.
Art. XYL—Chinese residing in Annam shall be placed under the same condi-
tions, with regard to criminal, fiscal, or other jurisdiction, as the subjects of the most
favoured nation. Law-suits which may arise in China, in the open markets on the
frontier, between Chinese subjects and Frenchmen or Annamites shall be decided in
a Mixed Court by Chinese and French officers.
With reference to crimes or offences committed by Frenchmen or persons under
French protection in China, in the places opened to trade, the procedure shall be in
(Conformity with the stipulations of Articles XXXIII. and XXXIV. of the treaty of
the 27th June, 1858.
CONVENTION BETWEEN FRANCE AND CHINA, 1887 915
Art. XVII.—If in the places opened to trade on the frontier of China, Chinese-
deserters or persons accused of crimes against the Chinese law shall take refuge in'
the houses or on hoard the vessels of Frenchmen or persons under French protection,-
the local authority shall apply to the Consul, who, on proof of the guilt of the accused,
shall immediately take the necessary measures in order that they may be given up,-
and delivered to the regular course of the law.
Chinese guilty or accused of crimes or offences who seek refuge in Annam shall,
on the request of the Chinese authorities and on proof of their guilt, be sought for,
arrested, and extradited in all cases where the subjects of the countries enjoying the
most liberal treatment in the matter of extradition might be extradited from France.
Frenchmen guilty or accused of crimes or offences, who seek refuge in China,
shall, at the request of the French authorities and on proof of their guilt, be arrested5
and delivered up to the said authorities to be tried according to the regular process
of law.
On both sides all concealment and connivance shall be avoided.
Art. XVTII.—In any difficulty not provided for in the preceding provisions
recourse shall be had to the rules of the Maritime Customs, which, in conformity
with existing Treaties, are now applied in the open towns or ports.
In case these rules are insufficient the representatives of the two countries*
shall refer the matter to their respective Governments. *
In accordance with the terms of Article VIII. of the treaty of the 9th June,
1885, the present stipulations may be revised ten years after the exchange of the-
ratifications.
Art. XIX.—The present Convention of Trade, after having le3n ratified by the-
Governments, shall be promulgated in France, in China, and in Annam.
The exchange of the ratifications shall take place at Peking within one year from-
the date of the signature of the Convention, or earlier if possible.
Done at Tientsin, in four copies, the 25lh April, 1886, corresponding to the 22nd-
day of the third moon of the twelfth year of Kwang Hsu.
(Signed) [l.s.] G. Cogoedan.
„ [l.s.] E. Beuwaekt.
„ [l.s.] Li Hung-chang.
CONVENTION BETWEEN EKANCE AND CHINA, 1887
[Translated from the Chinese Text]
His Imperial Majesty the Emperor of China and the President of the French'
Republic, desiring to strengthen the commercial relations between the two countries,
and also to ratify and give effect to the Treaty signed at Tientsin on the 25th April,
1886, have appointed Plenipotentiaries to take the necessary steps thereto. H.I.M.
the Emperor of China has specially appointed H.I.H. Prince Ching, and H.E. Sun
Yu-wen, member of the Tsung-li Yamen and Vice-President of the Board of Works.
The President of the Republic has appointed His Excellency Constans, Deputy,
ex-Minister of the Interior, and Minister Plenipotentiary in China. Who, having
exchanged their full powers and established their authenticity in due form, have
agreed on the following Articles :—
Art. I.—Such Articles of the Treaty signed at Tientsin as are not affected by this-
Convention shall on the exchange of the ratifications be put in force at once.
.92 CONVENTION BETWEEN FEANCE AND CHINA, 1887
Art. IT.—Whereas it was agreed by the Treaty of 1886 that Lungchow in Kwangsi
and Mengtzu in Yunnan should be opened to trade, and whereas Manghao, which
lies between Paosheng and Mengtzu, is in the direct road between the two places by
water, it is agreed that this also should be opened to trade on the same conditions as
the other ports, and that a deputy of the Consul at Mengtzu shall be allowed to
reside there.
Art. III.—In order to develop the trade between China And Tonkin as rapidly
as possible the tariff rules laid down in Articles YI. and VII. of the Treaty of 1886
are temporarily altered, and it is agreed that foreign goods imported to Yunnan and
Kwangsi from Tonkin shall pay 70 per cent, of the import duties collected by the
. Customs at the Coast Ports in China, and that produce exported from China to Ton-
kin shall pay 60 per cent, of the export duties in force at the Treaty Ports.
Art. IV.—Chinese produce which has paid import duties under Art. XI. of the
Treaty of 1886, and is transported through Tonkin to a port of shipment in Cochin-
-China, shall, if exported thence to any other place' than China, pay export duties accord-
ing to the Franco-Annamite tariff.
Art. Y.—-Trade in Chinese native opium by land is allowed on payment of an
export duty of Tls. 20 per picul, but French merchants or persons under French pro-
tection may only purchase it at Lnngchow, Mengtzu, and Manghao, but no more Mian
Tls. 20 per picul shall be exacted from the Chinese merchants as inland dues. When
opium is sold the seller shall give the buyer a receipt showing that the inland dues
have been paid, which the exporter will hand to the Customs when paying export duty.
It is agreed that opium re-imported to China by the Coast Ports cannot claim the
privileges accorded other re-imports of goods of native origin.
Art. VI.—French and Tonkinese vessels other than men-of-war and vessels
carrying troops and Government stores plying on the Songkat and Caobang Rivers
between Langshan and Caobang shall pay a tonnage due of 5 candareens per ton at
Lungchow, but all goods on board shall pass free. Goods may be imported to China
by the Songkat and Caobang Rivers or overland by the Government road, but until
the Chinese Government establishes Custom-houses on the frontier goods taken
overland must not be sold at Lungchow until they have paid duty there.
Art. VII.—It is agreed that should China enter into treaties with regard to com-
mercial relations on her southern and south-western frontiers all privileges accorded
by her to the most favoured nation are at once without further formality accorded to
-France.
Art. VIII.—The above Articles having been agreed to and translated into
Chinese, H.I.H. the Prince on behalf of China and H.E. the Minister on behalf of
France have signed duplicate copies and affixed their seals hereto.
Art. IX.—When the ratifications of this Convention and of the Treaty of 1886
shall have been exchanged they shall be put in force as if they were one Treaty.
Art. X.—The ratifications of the Convention shall be exchanged at Peking
when the assent of His Imperial Majesty the Emperor of China and of His Excellency
.-the President of the French Republic shall have been signified.
Signed at Peking on the 26th June, 1887.
E. Constans.
Peince Chi’ng.
Sun Ytj-wen.
ADDITIONAL CONVENTION BETWEEN FRANCE AND
CHINA
^Signed at Peking, 20th June, 1895
Art. I.—It is agreed, to assure the policing of the frontier, that the French
Government will have the right of maintaining an agent of the Consular order at
Tonghing opposite Monkay on the frontier of Kwantung. A further regulation
will determine the conditions under which these should be exercised in accordance
with the French and Chinese authorities and the communal police of the Sino-
Annamite frontier.
Art. II.—Article II. of the Convention, signed at Peking, June 26th, 1887, is
modified and completed as follows:—-It is agreed between the high contracting
parties that the town of Lungchow in Kwangsi and that of Mdngtse in Yunnan
are open to French-Annamite commerce. It is intended besides that the port
open to commerce on the river route of Laokay to Mengtse will no longer be
Manhao, but Hokow, and that the French Government have the right of maintaining
at Eokow an agent under the Consul at Mengtse, at- the same time the Chinese
Government can maintain a Customs agent.
Art. III.—It is agreed that the town of Szemao in Yunnan shall be open to
French-Annamite commerce, like Lungchow and Mengtse, and that the French
Government will have the right as in the other open port of maintaining a Consul
at the same time that the Chinese Government can maintain a Customs agent. The
local authorities will employ themselves to facilitate the installation of the French
Consul in the proper residence. Frenchmen and protected French subjects may
establish themselves at Szemao under conditions of the Articles VII., X., XI., and XII.,
and others of the Treaty of June 27th, 1858; also by Article III. of the Convention of
April 25th, 1886. Goods destined for China can be transported by the rivers,
particularly the Loso and tlft Mekong as well as by land routes, and particularly by
the Mandarin-road, which leads either from Mongle or Ipang to Szemao and Puerh,
the duties which these goods will be subject to being paid at Szemao.
Art. IV.—Article IX. of the Commercial Convention of April 25th, 1886, is
modified as follows:—(1) Chinese goods in transit from one of the other four towns
open to commerce on the frontier, Lungchow, Mengtse, Szemao, and Hokow, in
passing by Aunam, will pay on leaving the reduced duties of four-tenths. A
special certificate will be delivered stating the payment of this duty, and destined
to accompany the goods. When they have come to another town they shall be
exempt from payment and import duty. (2) Chinese goods which shall be exported
from the four above-named localities and transported to Chinese ports, maritime
or fluvial, open to commerce, shall be freed on leaving the frontier by payment of
the reduced export duty of four-tenths. A special certificate will be delivered
stating the payment of this duty, and destined to accompany the goods. When
they shall arrive at one of the ports, maritime or fluvial, open to commerce, they
shall be freed the half-duty of re-importation in conformity with the general
rule for all such goods in the maritime or fluvial ports open to commerce.
(3) Chinese goods which shall be transported from Chinese ports, maritime or
•fluvial, open to commerce, by way of Annam, towards the four above-named
localities, shall be freed on leaving of all duty. A special certificate will be
94 ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA, 1895
delivered, stating the payment of this duty, and destined to accompany the goods,-
When they shall have arrived at one of the frontier Customs they shall he freed
on entry by half duty of re-importation based on the reduction of four-tenths.
(4) The Chinese goods above mentioned, accompanied by the special certificate
above mentioned, shall be, before passing the export Customs, or after passing
Customs re-importation, submitted to the regulations governing native Chinese-
good s.
Art. V.—It is understood that China, for the exploitation of its mines in the-
provinces of Yunnan, Kwangsi, and Kwangtung, will address itself, in the ^first
instance, to French commerce and engineers, the exploitation remaining otherwise
subject to the rules and the edicts by the Imperial Government which affects
national industry. It is understood that railways already in existence or projected
in Annam can, after mutual agreement, and under conditions to be defined, be-
prolonged on Chinese territory.
Art. YI.—Article II. of the Telegraphic Convention between France and China,
signed at Chefoo, December 1, 1888, is completed as follows:—I).—A union shall be
established between the secondary prefecture of Szemao and Annam by two stations--
which shall be Szemao in China and Muang Hahin in Annam, midway between
Laichow and Luang Prabang. The tariff shall be fixed in conformity with Article
YI. of the Telegraphic Convention of Chefoo.
Art. VII.—It is agreed that the commercial stipulations contained in the present
Convention being of a special nature, and the result of mutual concessions deter-
mined by the necessities of the relations between Lungchow, Hokow, Mengtse,
Szemao, and Annam, the advantages which result therefrom cannot be invoked by
the subjects and protected subjects of the two high contracting parties, but on these
points as well as on the fluvial and land, ways here determined of the frontier.
Art. YIII.—The present stipulations shall be put in force as if they were in-
serted in the text of the additional Convention of June 26th, 1887.
Art. IX.—The terms of former Treaties, Agreements, and Conventions between
France and China not modified by the present Treaty remain in full force. The pre-
sent complementary Convention shall be ratified immediately by His Majesty the
Emperor of China, and after it has been ratified by the President of the French
Republic the exchange of ratifications shall be made at Peking with the least delay
possible.
Done at Peking in four copies, June twentieth, one thousand eight hundred and
ninety-five, corresponding to the twenty-eighth day of the fifth moon of the twenty-
first year Kwang Hsu. ^
(Signed) A. Gerard.
„ Cuing.
RUSSIA
TREATY BETWEEN RUSSIA AND CHINA
Signed, in the Russian, Chinese, and French Languages,
at St. Petersburg, 12th February, 1881
Ratifications exchanged at St. Petersburg, 19th August, 1881
[Translated from the French Text]
His Majesty the Emperor and Autocrat of all the Russias and His Majesty the
Emperor of China, desiring to regulate some questions of frontier and trade touching
the interests of the two Empires, in order to cement the relations of friendship
■between the two countries, have named for their Plenipotentiaries, to the effect of
establishing an agreement on these questions :—
His Majesty the Emperor of all the Russias: His Secretary of State Nicholas
•de Griers, Senator, actual Privy Councillor, directing the Imperial Ministry of Foreign
Affairs, and his Knvoy Extraordinary and Minister Plenipotentiary to His Majesty
the Emperor of China, Eugene de Buzow, actual Councillor of State.
And His Majesty the Emperor of China: Tseng, Marquess of Neyong, Vice-
President of the High Court of Justice, his Envoy Extraordinary and Minister
Plenipotentiary to His Majesty the Emperor of all the Russias, furnished with special
powers to sign the present Treaty in quality of Ambassador Extraordinary": —
The above-named Plenipotentiaries, furnished with full powers, which have been
found sufficient, have agreed upon the following stipulations:—
Art. I.—His Majesty the Emperor of all the Russias consents to the re-
establishment of the Chinese Grovernment in the country of Hi, temporarily occupied
since 1871 by the Russian Armies. Russia remains in possession of this country
within the limits indicated by Article VII. of the present Treaty.
Art. II.—His Majesty the Emperor of China engages to decree the proper
measures to shelter the inhabitants of the country of Hi, of whatever race and to
whatever religion they belong, from all persecution, in their goods or in their persons,
from acts committed during or after the troubles that have taken place in that country.
A proclamation in conformity with this engagement will be addressed by the
Chinese authorities, in the name of His Majesty the Emperor of China, to the popula-
tion of the country of Hi, before the restoration of this country to the said authorities.
Art. III.—The inhabitants of the country of Hi will be free to remain in the
places of their actual residence as Chinese subjects, or to emigrate to Russia and
to adopt Russian dependence. They will be called to pronounce themselves on the
subject before the re-establishment of Chinese authority in the country of Hi, and a
delay of one year, from the date of the restoration of the country to the Chinese
authorities, will be accorded to those who show a desire to emigrate to Russia. The
Chinese will oppose no impediment to their emigration or to the transportation of
their moveable property.
Art. IV.—Russian subjects possessing land in the country of Hi will keep their
rights of property, even after the re-establishment of the authority of the Chinese
Government in that country.
This provision is not applicable to the inhabitants of the country of Hi who
shall adopt Russian*nationality upon the re-establishment of Chinese authority in
this country.
TREATY BETWEEN RUSSIA AND CHINA
Russian subjects whose lands are situated without places appropriated to»
Russian factories, in virtue of Article XIII. of the Treaty of Kuldja of 1851, ought
to discharge the same taxes and contributions as Chinese subjects.
Art. V.—The two Governments will appoint commissioners of Kuldja, who will
proceed to the restoration on the one part, to the resumption on the other, of
the administration of the province of Hi, and who will be charged, in general, with
the execution of the stipulations of the present Treaty relating to the re-establish-
ment, in this country, of the Chinese Government.
The said commissioners will fulfil their commission, in conforming to the
understanding which will be established as to the mode of restoration on the one-
part and of resumption on the other, of the administration of the country of Hi,
between the Governor-General of Turkestan and the Governor-General of Shansi and
Kansuh, charged by the two Governments with the high direction of the affair.
The resumption of the country of Hi should be finished within a delay of three
months or sooner, if it can be done, dating from the day of the arrival at Tashkend
of the functionary who will be delegated by the Governor-General of Shansi and
Kansuh to the Governor-General of Turkestan to notify to him the ratification and
the promulgation of the present Treaty by His Majesty the Emperor of China.
Art. VI.—The Government of His Majesty the Emperor of China will pay to
the Russian Government the sum of nine miliions of metallic roubles, designed to cover
the expenses occasioned by the occupation of the country of Hi by the Russian troops
since 1871, to satisfy all the pecuniary claims arising from, up to the present day, the
losses which Russian subjects have suffered in their goods pillaged on Chinese
territories, and to furnish relief to the families of Russian subjects killed in armed
attacks of which they have been victims on Chinese territory.
The above-mentioned sum of nine millions of metallic roubles will be paid within
the term of two years from the date of the exchange of the ratifications of the present
Treaty, according to the order and the conditions agreed upon between the two
Governments in the special Protocol annexed to the present Treaty.
Art. VII.—The western portion of the country of Hi is incorporated with
Russia, in order to serve as a place of establishment for the inhabitants of this country
who shall adopt the Russian dependence and who, by this action, will have had to
abandon the lands which they possessed there.
The frontier between the possessions of Russia and the Chinese province of Hi
will follow, starting from the mountains Bedjin-taou, the course of the river Khorgos,
as far as the place where this river falls into the river Hi, and, crossing the latter,
will take a direction to the south, towards the mountains Ouzoun-taou, leaving to
the west the village of Koldjat. Proceeding from this point it will follow, whilst
being directed to the south, the delineation fixed by the Protocol signed at Tchugtu-
chack in 1864.
Art. VIII.—A part of the frontier line, fixed by the protocol signed at Tchugtu-
chack in 1864, at the east of the Lake Zaisan, having been found defective, the two
Governments will name commissioners who will modify, by a common agreement, the
ancient delineation in such a manner as to remove the defects pointed out and to estab-
lish an effective separation between the Kirghiz tribes submitted to the two Empires.
To the new delineation will be given, as much as possible, an intermediate direc-
tion between the old frontier and a straight line leading from the Kouitoun hill
towards the Saour hills, crossing the Tcherny-Irtysh.
Art. IX.—The commissioners to be named by the two contracting parties will
proceed to place posts of demarcation, as well on the delineation fixed by the
preceding Articles VII. and VIII., as on the parts of the frontier where posts have
not yet been placed. The time and the place of meeting of these commissioners
shall be fixed by an understanding between the two Governments.
The two Governments will also name commissioners to examine the frontier
and to place posts of demarcation between the Russian province of Ferganah and
the western part of the Chinese province of Kashgar. The commissioners will take
for the base of their work the existing frontier.
[.TREATY BETWEEN RUSSIA AND CHINA 97
Art. X.—The right recognised by the Treaties of the Russian Government to
nominate Consuls to Hi, to Tarbagatai, to Kashgar, and to Ourga is extended, from
the present time, to the towns of Souteheou (Tsia-yu-kwan) and of Turfan. In the
following towns : Kobdo, TJliassoutai, Khami, Urumtsi, and Goutchen, the Russian
Government will establish consulates in proportion to the development of commerce,
and after an understanding with the Chinese Government.
The Consul of Soutcheou (Tsia-yu-kwan) and of Turfan will exercise consular
functions in the neighbouring districts, where the interests of Russian subjects
demand their presence.
The dispositions contained in Articles V. andVL of the Treaty concluded at Peking
in 1860, and relative to the concession of land for the houses for the consulates,
for cemeteries, and for pasturage, will apply equally to the towns of Soutcheou
(Tsia-yu-kwan) and of Turfan. The local authorities will aid the Consul to find
provisional habitations until the time when the houses of the consulates shall be huilt.
The Russian Consuls in Mongolia and in the districts situated on the two slopes
of the Tien-shan will make use of, for their journeys and for tbeir correspondence,
the postal institutions of the Government, conformably to the stipuladons of Article
XI. of the. Treaty of Tientsin and of Article XII. of the Treaty of Peking. The
Chinese authorities, to whom they will address themselves for this purpose, will lend
them aid and assistance.
The town of Turfan not being a locality open to foreign trade, the right of
establishing a consulate will not be invoked as a precedent to obtain a right analogous
to the ports of China for the provinces of the interior ami for Manchuria.
Art. XI.—Russian Consuls will communicate, for affairs of service, either with
the local authorities of the town of their residence, or with the superior authorities
of the circuit or of the province, according as the interests which are respectively
confided to them, the importance of the affairs to be treated of, and their prompt
expedition shall require. As to the rules of etiquette to be observed at the time
of their interviews and, in general, in their relations, they will be based upon the
respect which the functionaries of two friendly Powers reciprocally owe each other.
All the affairs which may arise on Chinese territory, on the subject of commer-
cial or other transactions, between those under the jurisdiction of the two States,
will be examined and regulated, by a common agreement, by the Consuls and the
Chinese authorities.
In lawsuits on commercial matters, the two parties will terminate their difference
amicably by means of arbitrators chosen by one side and the other. If agreement
is not established in this way, the affair will be examined and regulated by the
authorities of the two States.
Engagements contracted in writing, between Russi tn and Chinese subjects,
^relative to orders for merchandise, to the transport of it, to the locution of shops,
of houses, and of other places, or relating to other transactions of the same kind,
may be presented for legalisation by the Consulates and by the superior local
administrations, who are bound to legalize the documents which are'presented to
them. In case of non-execution of the engagements contracted, the Consul and the
Chinese authorities will consult as to the measures necessary to secure the execution
of these obligations.
Art. XII.—Russian subjects are authorized to carry on, as in the past, trade
free of duties in Mongolia subject to China, as well as in places and aimaks where
there is a Chinese administration, as in those where there is none.
Russian subjects will equally enjoy the right of carrying on trade free of duties
in the towns and other localities of the provinces of Hi, of Tarbagatai, of Kashgar,
of Urumtsi, and others situated on. the slopes north and south of the chain of the
Tien-shan as far as the Great Wall. This immunity will be abrogated when the
development of the trade necessitates the establishment of a customs tariff conform-
able to an understanding to be come to by the two Governments.
Russian subjects can import into the above-named provinces of China and
export from them every description of produce, of whatever origin they may be.
4
98 TREATY BETWEEN RUSSIA AND CHINA
They may make purchases and sales, whether in cash, or by way of exchange; they
will have the right to make their payments in merchandise of every description.
Art. XIII.—In the places where the Russian Government will have the right
to establish consulates, as well as in the town of Kalgan, Russian subjects may
construct houses, shops, warehouses, and other buildings on the lands which they
will acquire by means of purchase, or which may be conceded to them by the local
authorities, conformably to that which has been established for Hi and Tarbagatai,
by Article XIII. of the Treaty of Kuldja of 1851.
The privileges granted to Russian subjects in the town of Kalgan, where there
will not be a consulate, constitute an exception which cannot be extended to any
other locality of the interior provinces.
Art. XIV.—Russian merchants who may wish to dispatch merchandise from.
Russia, by land, into the interior provinces of China, can, as formerly, direct it
by the towns of Kalgan and Tungchow, to the port of Tientsin, and from there to
the other ports and interior markets, and sell it in those different places.
Merchants will use this same route to export to Russia the merchandise
purchased, as well in the towns and ports above named as in the interior markets.
They will equally have the right to repair, for matters of trade, to Soutcheou
(Tsia-yu-kwan), the terminal point of the Russian caravans, and they will enjoy
there all the rights granted to Russian trade at Tientsin.
Art. XV.—Trade by land, exercised by Russian subjects in the interior and
exterior, provinces of China, will be governed by the Regulations annexed to the
present Treaty.
The commercial stipulations of the present Treaty, as well as the Regulations
which serve as a supplement to it, can be revised after an interval of ten years has
elapsed from the date of the exchange of ratifications of the Treaty; but if, in the
course of six months before the expiration of this term, neither of the contracting
parties manifest a desire to proceed to the revision, the trade stipulations as well as
the Regulations will remain in force for a new term of ten years.
Trade by sea route of Russian subjects in China will be subject to the general
regulations established for foreign maritime commerce in China. If it becomes
necessary to make modifications in these regulations, the two Governments will
establish an understanding on this subject.
Art. XVI.—If the development of Russian overland trade provokes the necessity
of the establishment, for. goods of export and import in China, of a Customs tariff,
more in relation than the tariffs actually in force to the necessities of that trade,
the Russian and Chinese Governments will proceed to an understanding on this
subject, by adopting as a base for settling the duties of entry and exit the rate of
five per cent, of the value of the goods.
Until the establishment of this tariff, the export duties on some kinds of teas of
inferior quality, actually imposed at the rates established for the tea of superior
quality, will be diminished proportionately to their value. The settling of these
duties will be proceeded with, for each kind of tea, by an understanding between the
Chinese Government and the envoy of Russia to Peking, within the term of one year,
at the latest, from the date of the exchange of the ratifications of the present Treaty.
Art. XVII.—Some divergencies of opinion having arisen hitherto as to the
application of Article X. of the Treaty concluded at Peking, in 1863, it is
established by these presents that the stipulations of the above-named Article,
relative to the recoveries to be effected, in case of theft and the harbouring of
cattle beyond the frontier, will be for the future interpreted in this sense, that at
the time of the discovery of the individuals guilty of theft or the harb mring of
cattle, they will be condemned to pay the real value of the catrde which they
have not restored. It is understood (hat incase of the insolvency of the individuals
guilty of theft of cattle, the indemnity to be paid cannot be placed to the charge of
the local authorities.
The frontier authorities of the two States will prosecute with all the rigour of the
laws of their country the individuals guilty of the harbouring of or theft of cattle.
TREATY BETWEEN RUSSIA AND CHINA
and should take the measures in their power for the restitution to whom they
l)elong of cattle diverted, or which may have passed the frontier.
The traces of cattle turned aside or which may have passed the frontier may be
indicated, not only to the guards nf the frontier posts, but also to the elders of the
nearest villages.
Art. XVTII.—The stipulations of the Treaty concluded at Aigoun the 16th May,
1858, concerning the rights of the subjects of the two Empires to navigate the Ainoor,
the Sungari, and the Oussouri, and to carry on trade with the populations of the
riverine localities, are and remain confirmed.
The two Governments will proceed to the establishment of an understanding
concerning the mode of application of the said stipulations.
Art. XIX—The stipulations of the old Treaties between Russia and China, not
modified by the present Treaty, remain in full vigour.
Art. XX.—The present Treaty, after having been ratified by the two Emperors,
will be promulgated in each Empire, for the knowledge and governance of each one.
The exchange of ratifications will take place at St. Petersburg, within a period of
six months counting from the day pf the signature of the Treaty.
Having concluded the above Article, plenipotentiaries of the two contract-
ing parties have signed and sealed two copies of the present Treaty, in the Russian,
Chinese, and French languages. Of the three texts, duly compared and found in
agreement, the French text will be evidence for the interpretation of the present
Treaty.
Done at St. Petersburg, the twelfth of February, eighteen hundred and eighty-
one.
(Signed) [l.s.] Nicolas de Giees.
„ [l.s.] Eugene Butzow.
„ [l.s.] Tseng.
Protocol
In virtue of Article YI. of the Treaty signed to-day by the Plenipotentiaries of
the Russian and Chinese Governments, the Chinese Government will pay to the
Russian Government the sum of nine millions of metallic roubles, designed to cover
the expenses of the occupation, of the country of Hi by the Russian troops and
to satisfy divers pecuniary claims of Russian subjects. This sum shall be paid
within a period of two years counting from tiie day of the exchange of the ratifica-
tions of the Treaty.
Desiring to fix the mode of payment of the aftermentioned sum the undersigned
have agreed as follows:—
The Chinese Government will pay the equivalent of the sum of nine millions of
metallic roubles in pounds sterling, say, one million four hundred and thirty-one
thousand six hundred and sixty-four pounds sterling two shillings to Messrs.
Baring Brothers & Co. in London, in six equal parts, of two hundred and thirty-
eight thousand six hundred and ten pounds sterling thirteen shillings and eight-
pence each, less the customary bank charge which may be occasioned by the transfer
of these payments to London.
The payments shall be scheduled at four months’ distance the one from the
other ; the first shall be made four months after the exchange of the ratifications of
the Treaty signed to-day, and the last two years after that exchange.
The present Protocol will have the same force and value as if it had been
inserted word for word in the Treaty signed to-day,
In faith of which the Plenipotentiaries of the two Governments have signed the
present Protocol and have plated, their seals to it.
Done at St. Petersburg, the twelfth of February, cne thoisand eight hundred
and eighty-one.
4*
REGULATIONS EOR THE LAND TRADE BETWEEN
RUSSIA AND CHINA
Art. I.—A trade by free exchange and free of duty (free trade) between Russian
and Chinese subjects is authorised within a zone extending for fifty versts (100 li) on
either side of the frontier. The supervision of this trade will rest with the two
■Governments, in accordance with their respective frontier regulations.
Art. II.—Russian subjects proceeding on business to Mongolia and to the
districts situated on the northern and southern slopes of the Tian-shan mountains
may only cross the frontier at certain points specified in the list annexed to those
regulations. They must procure from the Russian authorities permits in the Russian
and Chinese languages, with Mongolian and Tartar translation. The name of the
owner of the goods, or that of the leader of the caravan, a specification of the goods,
the number of packages, and the number of heads of cattle may be indicated in the
Mongolian or Tartar languages, in the Chinese text of these permits. Merchants,
on entering Chinese territory, are bound to produce their permits at the Chinese
post nearest to the frontier, where, after examination, the permit is to be counter-
signed by the chief of the post. The Chinese authorities are entitled to arrest
merchants who have crossed the frontier without permit, and to deliver them over to
the Russian authorities nearest to the frontier, or to the competent Russian Consul,
for the infliction of a severe penalty. In case of the permit being lost, the owner is
bound to give notice to the Russian Consul, ‘in order that a fresh one may be
issued to him, and inform the local authorities, in order to obtain a temporary-
certificate which will enable him to pursue his journey. Merchandise introduced
into Mongolia and the districts situated on the slopes of the Tian-shan, but which
have found no sale there, may be forwarded to the towns of Tientsin and Sou-
tcheou (Tsia-yu-kwan), to be sold or to be sent farther into China. With regard
to the duties on such merchandise, to the issue of permits for its carriage, and to
•other Customs formalities, proceedings shall be taken in accordance with the following
provisions.
Art. III.—Russian merchants forwarding goods from Kiachta and the Nertchinsk
•country to Tientsin must send them by way of Kalgan, Dounba, and Toun-tcheou.
Merchandise forwarded to Tientsin from the Russian frontier by Kobdo and
Kouihoua-tchen is to follow the same route. Merchants must be provided with
transport permits issued by the Russian authorities, and duly vised by the competent
Ghinese authorities, which must give, in the Chinese and Russian languages, the
name of the owner of the goods, the number of packages, and a description of the
goods they contain. The officials of the Chinese Custom-houses situated on the road
by which merchandise is forwarded will proceed, without delay, to verify the number
of the packages, and to examine the goods, which they will allow to pass onwards,
after fixing a visa to the permit. Packages opened in the course of the Customs
examinations will be closed again at the Custom-house, the number of packages
opened being noted on the permit. The Customs examination is not to last more
than two hours. The permits are to be presented within a term of six months
at the Tientsin Custom-house to be cancelled. If the owner of the goods finds
this term insufficient, he must at the proper time and place give notice to the Chinese
authorities. In case of the permit being lost the merchant must give notice to the
authorities who delivered it to him to obtain a duplicate aud must for that purpose
TRADE REGULATIONS BETWEEN RUSSIA AND CHINA 101
make known the number and date of the missing permit. The nearest Custom-
iiouse on his road, after having ascertained the accuracy of the merchant’s declara-
tions, will give him a provisional certificate, accompanied by which bis goods may
•proceed on tbeir journey. An inaccurate declaration of the quantity of the goods,
iif it be proved that it was intended to conceal sales effected on the road, or to escape
payment of duty, will render the merchant liable to the infliction-of the penalties laid
down by Art. YIII. of the present regulations.
Art. IY.—Russian merchants who may wish to sell at Kalgan any portion of
dhe goods brought from Russia must make a declaration to that effect to the local
.authorities within the space of five days. Those authorities, after the merchant has
paid the whole of the entrance duties, will furnish him with a permit for the sale of
•the goods.
Art. Y.—Goods brought by Russian merchants by land from Russia to Tientsin
will pay an entrance duty equivalent to two-thirds of the rate established by the
•tariff. Goods brought from Russia to Sou-tcheou (Tsia-yu-kwan) will pay in that
town the same duties and be subject to the same regulations as at Tientsin.
Art. VI.—If the goods left at Kalgan, having paid the entrance duties, are not
-sold there, their owner may send them on to Toun-tcheou, or to Tientsin, and the
•Oustoms authorities, without levying fresh duties, will repay to the merchant one-third
of the entrance duty paid at Kalgan, a note to that effect being made on the permit
issued by the Kalgan Custom-house. Russian merchants, after paying transit dues,
d.e., one-half of the duty specified in the tariff, may forward to the internal markets
..goods left at Kalgan which have paid the entrance dues, subject only to the general
regulations established for foreign trade in China. A transport permit, which is to
'be produced at all the Custom-houses and barriers on the road, will be delivered for
These goods. Goods not accompanied by such permit will have to pay duty at the
"Custom-houses they pass, and lehin at the barriers.
Art. VII.—Goods brought from Russia to Sou-tcheou (Tsia-yu-kwan) may be
^forwarded to the internal markets under the conditions stipulated by Art. IX. of
-These Regulations for goods forwarded from Tientsin destined for the internal
market.
Art. YIII.—If it be ascertained, when the Customs examination of goods brought
-.from Russia to Tientsin takes place, that the goods specified in the permit have been
withdrawn from the packages and replaced by others, or that their quantity (after
• deducting what has been left at Kalgan) is smaller than that indicated in the permit,
the whole of the goods included in the examination will be confiscated by the Customs
authorities. It is understood that packages damaged on the road, and which, con-
sequently, have been repacked, shall not be liable to confiscation, provided always
that such damage has been duly declared at the nearest Custom-house, and that a
note to such effect has been made by the office after it has ascertained the untouched
condition of the goods as at first sent off. Goods concerning which it is ascertained
that a portion has been sold on the road will be liable to confiscation. If goods
have been taken by by-ways in order to evade their examination at the Custom-
shouses established on the routes indicated in Art. III., the owner will be liable to a
fine equal in amount to the whole entrance duty. If a breach of the aforesaid
regulations has been committed by the carriers, without the knowledge or connivance
■ of the owner of the goods, the Customs authorities will take this circumstance
into consideration in determining the amount of the fine. This provision only applies
to localities through which the Russian land trade passes, and is not applicable to
-similar cases arising at The ports and in the interior of the provinces. When goods
are confiscated the merchant is entitled to release them by paying the equivalent of
their value, duly arrived at by an understanding with the Chinese authorities.
Art. IX.—On the exportation by sea from Tientsin to some other Chinese port
opened to foreign trade by Treaty of goods brought from Russia by land, the
Tientsin Customs will levy on such goods one-third of the tariff duty, in addition to
the two-thirds already paid. Xqjluty shall be levied on these goods in other ports.
•.Goods sent from Tientsin or thp^ other'^orts to the internal markets are subject to
102 TKADE REGULATIONS BETWEEN RUSSIA AND CHINA
transit dues (i.e., half of the tariff duty) according to the general provisions laid
down for foreign trade.
Art. X.—Chinese goods sent from Tientsin to Russia by Russian merchants
must be forwarded to Kalgan by the route indicated under Art. III. The entire
export duty will be levied on these goods when they leave the country. Nevertheless,,
re-imported goods bought at Tientsin, as well as those bought in another port and
forwarded in transitu to Tientsin to be exported to Russia, if accompanied by a
Customs receipt for the export duty, shall not pay a second time, and the half
re-importation duty (coasting duty) paid at Tientsin will be repaid to the merchant
if the goods upon which it has been paid are exported to Russia a year from
the time of such payment. For the transport of goods in Russia the Russian Consul
will issue a permit indicating in the Russian and Chinese languages the name of the
owner of the goods, the number of packages, and the nature of the goods they
contain. These permits will be vised by the Port Customs authorities, and must
accompany the goods for production when they are examined at the Custom-houses
on the road. The rules given in detail in Article III. will be observed as to the term
within which the permit is to be presented to the Custom-house to be cancelled, and
as to the proceedings in case of the permit being lost. Goods will follow the route
indicated by Article III., and are not to be sold on the road; a breach of this rule will
render the merchant liable to the penalties provided for under Article VIII. Goods
will be examined at the Custom-houses on the road in accordance with the rules laid
down under Article III. Chinese goods bought by Russian merchants at Sou-tcheou
(Tsia-yu-kwan), or brought by them from the internal markets to be forwarded to
Russia, on leaving Sou-tcheou for Russia, will have to pay the duty leviable upon
goods exported from Tientsin, and will be subject to the regulations established for
that port.
Art. XI.—Goods bought at Toun-tcheou, on leaving that place for Russia by
land, will have to pay the full export duty laid down by the tariff. Goods bought at
Kalgan will pay in that town, on leaving for Russia, a duty equivalent to half the
tariff rate. Goods bought by Russian merchants in the internal markets, and brought
to Toun-tcheou and Kalgan to be forwarded to Russia, will, moreover, be subject
to transit dues, according to the general rules established for foreign trade
in the internal markets. The local Custom-houses of the aforesaid towns after
levying the duties will give the merchant a transport permit for the goods. For
goods leaving Toun-tcheou this permit will be issued by the Dounba Customs
authorities, to whom application is to be made for it, accompanied by payment of
the duties to which the goods are liable. The permit will mention the prohibition
to sell goods on the road. The rules given in detail in Article III. relative to permits,
the examination of goods, etc., will apply in like manner to goods exported from the
places mentioned in this Article.
Art. XII.—Goods of foreign origin sent to Russia by land from Tientsin, Toun-
tcheou, Kalgan, and Sou-tcheou (Tsia-yu-kwan) will pay no duty if the merchant
produces a Customs receipt acknowledging payment of the import and transit duties
on those goods. If they have only paid entrance duties the competent Custom-house
will call upon the merchant for the payment of the transit dues fixed by the tariff.
Art. XIII.—Goods imported into China by Russian merchants, or exported by
them, will pay Custom duties according to the general tariff for foreign trade with
China, and according to the additional tariff drawn up for Russian trade in 1862.
Goods not enumerated in either of those tariffs will be subject to a 5 per cent.
ad valorem duty.
Art. XIV.—The following articles will be admitted free of export and import
duty:—Gold and silver ingots, foreign coins, flour of all kinds, sago, biscuits,
preserved meats and vegetables, cheese, butter, confectionery, foreign clothes,
jewellery and silver plate, perfumery and soaps of all kinds, charcoal, firewood,
handles of foreign manufacture, foreign tobacco and cigars, wine, beer, spirits,
household stores and utensils to be used in houses and on board ship, travellers'
luggage, official stationery, tapestries, cutlery, foreign medicines, glassware, and
TRADE REGULATIONS BETWEEN RUSSIA AND CHINA 103
ornaments. The aforementioned articles will pass free of duty on entering and on
leaving by land; but if they are sent from the towns and ports mentioned in these
regulations to the internal markets they will pay a transit duty of 2| per cent, ad
valorem. Travellers’ luggage, gold and silver ingots, and foreign coins will, however,
not pay this duty.
Art. XV.—The exportation and importation of the following articles is prohibited
under penalty of confiscation in case of smuggling: —Gunpowder, artillery ammuni-
tion, cannon, muskets, rifles, pistols, and all firearms, engines, and munitions of
war, salt, and opium. Russian subjects going to China may, for their personal
defence, have one musket or one pistol each, of which mention will be made in the
permit they are provided with. The importation by Russian subjects of saltpetre,
sulphur’, and lead is allowed only under special licence from the Chinese authorities,
and those articles may only be sold to Chinese subjects who hold a special purchase-
permit. The exportation of rice and of Chinese copper coin is forbidden. On the
other hand, the importation of rice and of all cereals may take place duty free.
Art. XVI.—The transport of goods belonging to Chinese merchants is forbidden
to Russian merchants attempting to pass them off as their own property.
Art. XVTI.—The Chinese authorities are entitled to take the necessary measures
against smuggling.
Done at St. Petersburg, the 12th-24th February, 1881.
[L.S.] JNicolas de Giees.
[L.S.] Eugene Butzow.
[L.S.] Tseng.
Peotocol
The undersigned Nicolas de Giers, Secretary of State, actual Privy Councillor
directing the Imperial Ministry of Foreign Affairs, and Tseng, Marquess of Neyong,
Vice-President of the High Court of Justice, Envoy Extraordinary and Minister
Plenipotentiary of His Majesty the Emperor of China to His Majesty the Emperor
of Russia, have met at the hotel of the Ministry of Foreign Affairs to proceed to the
-exchange of the acts of ratification of the Treaty between Russia and China, signed
at St. Petersburg, the 12/24 February, 1881.
After perusal of the respective instruments, which have been acknowledged textu-
ally conformable to the original act, the exchange of the act ratified by His Majesty
the Emperor of Russia the 4/16 August, 1881, against the act ratified by His Majesty
the Emperor of China the 3/15 May, 1881, has taken place according to custom.
In faith of which the undersigned have drawn up the present proces-verbal, and
have affixed to it the seal of their arms.
Done at St. Petersburg, the 7th August, one thousand eight hundred and eighty-
one.
(Signed) [l.s.] Nicolas de Giees.
„ [l.s.] Tseng.
UNITED STATES
TREATY BETWEEN THE UNITED STATES OE AMERICA
AND CHINA
Signed, in the English and Chinese Languages, at Tientsin
18th June, 1858
Ratifications exchanged at Pehtang, 16th August, 1859
The United States of America and the Ta-Tsing Empire, desiring to maintaia
firm, lasting, and sincere friendship, have resolved to renew, in a manner clear and
positive, by means of a Treaty or general Convention of Peace, Amity, and Commerce^,
the rules which shall in future be mutually observed in the intercourse of their
respective countries; for which most desirable object the President of the United
States and the August Sovereign of the Ta-Tsing Empire have named for their
Plenipotentiaries, to wit: the President of the United States of America, William B
Reed, Envoy Extraordinary and Minister Plenipotentiary to China; and Hi&
Majesty the Emperor of China, Kweiliang, a member of the Privy Council and
Superintendent of the Board of Punishments, and Hwashana, President of the Board
of Civil Office and Major-General of the Bordered Blue Banner Division of the
Chinese Bannermen, both of them being Imperial Commissioners and Plenipotenti-
aries: And the said Ministers, in virtue of the respective full powers they have received
from their Governments, have agreed upon the following Articles :—
Art I.—There shall be, as there has always been, peace and friendship between
the United States of America and the Ta-Tsing Empire, and between their people
respectively. They shall not insult or oppress each other for any trifling cause, so as-
to produce an estrangement between them; and if any other nation should act
unjustly or oppressively, the United States will exert their good offices-, on being,
informed of the case, to bring about an amicable arrangement of the question, thus-
showing their friendly feelings.
Art. II.—In order to perpetuate friendship, on the exchange of ratifications by
the President, with the advice and consent of the Senate of the United States, and
by His Majesty the Emperor of China, this Treaty shall be kept and sacredly guarded
in this way, viz.: The original Treaty, as ratified by the President of the United
States, shall be deposited at Peking, the capital of His Majesty the Emperor of China,
in charge of the Privy Council; and, as ratified by His Majesty the Emperor of China,
shall be deposited at .Washington, the capital of'the United States, in charge of the-
Secretary of State.
Art. III.—In order that the people of the two countries may know and obey the
provisions of this Treaty, the United States of America agree, immediately on the-
exchange of ratifications, to proclaim the same and publish it by proclamation in the
Gazettes where the laws of the United States of America are published by authority;
and His Majesty the Emperor of China, on the exchange of ratifications, agrees
immediately to direct the publication of the same at the capital and by the Governors-
of all the provinces.
Art. IV.—In order further to perpetuate friendship, the Minister or Commis-
sioner, or the highest diplomatic representative of the United States of America in
China, shall at all times have the right to correspond on terms of perfect equality and
confidence with the officers of the Privy Council at the capital, or with the Governor-
General of the Two Kwang, of Eohkien and Chekiang, or of the Two Kiang; and-
whenever he desires to have such corresp mdence with the Privy Council at the capital
he shall have the right to send it through either of the said Governors-General, or by
TREATY BETWEEN THE UNITED STATES AND CHINA 105
general post; and all such communications shall be most carefully respected. The
Privy Council and Governors-General, as the case may be, shall in all cases consider
and acknowledge such communications promptly and respectfully.
Art. V.—The Minister of the United States of America in China, whenever he has
business, shall have the right to visit and sojourn at the capital of His Majesty the
Emperor of China and there confer with a member of the Privy Council or any other
high officer of equal rank deputed for that purpose, on matters of common interest
and advantage. His visits shall not exceed one in each year, and he shall complete
his business without unnecessary delay. He shall be allowed to go by land or come
to the mouth of the Pei-ho, in which he shall not bring ships-of-war, and he shall
inform the authorities of that place in order that boats may be provided for him to go
on his journey. He is not to take advantage of this stipulation to request visits to
the capital on trivial occasions. Whenever he means to proceed to the capital he
shall communicate in writing his intention to the Board of Kites at the capital, and
thereupon the said Board shall give the necessary direction to facilitate his journey,
and give him necessary protection and respect on his way. On his arrival at the
capital he shall be furnished with a suitable residence prepared for him, and he shall
defray his own expenses; and his entire suite shall not exceed twenty persons
exclusive of his Chinese attendants, none of whom shall be engaged in trade.
Art. VI.—-If at any time His Majesty the Emperor of China shall, by Treaty
voluntarily made, or for any other reason, permit the representative of any friendly
nation to reside at his capital for a long or short time, then, without any further
consultation or express permission, the representative of the United States in China
shall have the same privilege.
Art. VII.—The superior authorities of the United States and of China in
coi’responding together shall do so on terms of equality and in form of mutual
communication (chau-hwui). The Consuls and the local officers, civil and military,
in corresponding together shall likewise employ the style and form of mutual
communication (chau-hwui). When inferior officers of the one Government address
"the superior officers of the other they shall do so in the style and form of memorial
(shin-chin). Private individuals, in addressing superior officers, shall employ the
style of petition tvin-ching). In no case shall any terms or style be used or suffered
which shall be offensive or disrespectful to either party. And it is agreed that no
present, under any pretext or form whatever, shall ever be demanded of the United
States by China, or of China by the United States.
Art. VIII.—In all future personal intercourse between the representative of
the United States of America and the Governors-General or Governors the interviews
shall be had at the official residence of the said officers, or at their temporary resi-
dence, or at the residence of the representative of the United States of America,
whichever may be agreed upon between them; nor shall they make any pretext for
declining these interviews. Current matters shall be discussed by correspondence
eo as not to give the trouble of a personal meeting.
Art. IX.—Whenever national vessels of the United States of America, in cruising
along the coast and among the ports opened for trade for the protection of t he com-
merce of their country, or the advancement of science, shall arrive at or near any
of the ports of China, the commanders of said ships and the superior local authorities
of government shall, if it be necessary, hold intercourse on terms of equality and
courtesy, in token of the friendly relations of their respective nations ; and the said
vessels shall enjoy all suitable facilities on the part of the Chinese Government in
procuring provisions or other supplies, and making necessary repairs. And the
United States of America agree that in case of the shipwreck of any American vessel
and its being pillaged by pirates, or in case any American vessel shall be pillaged or
captured by pirates on the seas adjacent to the coast, without being shipwrecked, the
national vessels of the United States shall pursue the said pirates, and if captured
deliver them over for trial and punishment.
Art. X.—The United States of Anlei'ica shall have the right to appoint Consuls
and other commercial agents for the protection of trade, to reside at such places in the
106 TREATY BETWEEN THE UNITED STATES AND CHINA
dominions of China as shall be agreed to be opened, who shall hold official intercourse
and correspondence with the local officers of the Chinese G-overnment (a Consul or »
Vice-Consul in charge taking rank with an intendant of circuit or a prefect), either
personally or in writing, as occasion may require, on terms of equality and reciprocal
respect. And the Consuls and local officers shall employ the style of mutual
communication. If the officers of either nation are disrespectfully treated, or aggrieved
in any way by the other authorities, they have the right to make representation of
the same to the superior officers of their respective Governments, who shall see that
full inquiry and strict justice shall be had in the premises. And the said Consuls and
agents shall carefully avoid all acts of offence to the officers and people of China.
On the arrival of a Consul duly accredited at any port in China, it shall be the duty
of the Minister of the United States to notify the same to the Governor-General of
the province where such port is, who shall forthwith recognize the said Consul and
grant him authority to act*
Art. XI.—-All citizens of the United States of America in China, peaceably
attending to their affairs, being placed on a common footing of amity and good-
will with subjects of China, shall receive and enjoy for themselves and everything
appertaining to them the protection of the local authorities of Government, who shall
defend them from all insult or injury of any sort. If their dwellings or property be
threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the
local officers, on requisition of the Consul, shall immediately despatch a military force-
to disperse the rioters, apprehend the guilty individuals, and punish them with the
utmost rigour of the law. Subjects of China guilty of any criminal act towards citizens-
of the United States shall be punished by the Chinese authorities according to the laws
of China, and citizens of the United States, either on shore or in any merchant vessel,
who may insult, trouble, or wound the persons or injure the property of Chinese, or
commit any other improper act in China, shall be punished only by the Consul or other
public functionary thereto authorized, according to the laws of the United States. Ar-
rests in order to trial may be made by either the Chinese or United States authorities.
Art. XII.—Citizens of the United States, residing or sojourning at any of the.
ports open to foreign commerce, shall be permitted to rent houses and places of
business or hire sites on which they can themselves build houses or hospitals,
churches, and cemeteries. The parties interested can fix the rents by mutual and
equitable agreement; the proprietors shall not demand an exorbitant price, nor shall
the local authorities interfere, unless there be some objections offered on the part of
the inhabitants respecting the place. The legal fees to the officers for applying their
seal shall be paid. The citizens of the United States shall not unreasonably insist
on particular spots, but each party shall conduct themselves with justice and
moderation. Any desecration of the cemeteries by natives of China shall be severely*
punished according to. law. At the places where the ships of the United States
anchor, or their citizens reside, the merchants, seamen, or others can freely pass and
re-pass in the immediate neighbourhood ; but in order to the preservation of the
public peace, they shall not go into the country to the villages and marts to sell their
goods unlawfully, in fraud of the revenue.
Art. XIII.—If any vessel of the United States be wrecked or stranded on the
coast of China and be subjected to plunder or other damage, the proper officers of the
Government, on receiving information of the fact, shall immediately adopt measures
for its relief and security; the persons on board shall receive friendly treatment, and
be enabled to repair at once to the nearest port, and shall enjoy all facilities for
obtaining supplies of provisions and water. If the merchant vessels of the United
States, while within the waters over which the Chinese Government exercises
jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities
civil and military, on receiving information thereof, shall arrest the said robbers or
pirates, and punish them according to law, and shall cause all the property which can
be recovered to be restored to the owners, or placed in the hands of the Consul. If
by reason of the extent of territory and numerous population of China it shall in any
case happen that the robbers cannot be apprehended, and the property only in part
TREATY BETWEEN THE UNITED STATES AND CHINA 107
Recovered, the Chinese Giovernment shall not make indemnity for the goods lost; but
if it shall be proved that the local authorities have been in collusion with the robbers,
the same shall be communicated to the superior authorities for memorializing the
Throne, and these officers shall be severely punished and their property be confiscated
to repay the losses.
Art. XIV.—The citizens of the Uliited States are permitted to frequent the ports
and cities of Canton and Chan-chau, or Swatow, in the province of Kwangtung; Amoy,
Foochow, and Tai-wan in Formosa, in the province of Fuhkien; Ningpo in the province
of Chekiang; and Shanghai in the province of Kiangsu, and any other port or place
hereafter by Treaty with other powers or with the United States opened to commerce;
and to reside with their families and trade there, and to proceed at pleasure with their
vessels and merchandise from any of these ports to any other of them. But said vessels
shall not carry on a clandestine or fraudulent trade at other ports of China, not declared
to be legal, or along the coasts thereof; and any vessel under the American flag violating
this provision shall, with her cargo, be subject to confiscation to the Chinese Glovern-
ment; and any citizen of the United States who shall trade in any contraband article
of merchandise shall be subject to be dealt with by the Chinese G-overnment, without
being entitled to any countenance or protection from that of the United States; and
the United States will take measures to prevent their flag from being abused by the
subjects of other nations as a cover for the violation of the laws of the Empire.
Art. XV.—At each of the ports open to commerce, citizens of the United States
shall be permitted to import from abroad, and sell, purchase, and export all merchan-
dise of which the importation or exportation is not prohibited by the laws of the Empire.
The tariff of duties to be paid by the citizens of the United States, on the export and
import of goods from and into China, shall be the same as was agreed upon at the
Treaty of Wanghia, except so far as it may be modified by Treaties with other nations,
it being expressly agreed that citizens of the United States shall never pay higher
duties than those paid by the most favoured nation.
Art. XVI.—Tonnage duties shall be paid on every merchant vessel belonging to
the United States entering either of the open ports at the rate of four mace per ton of
forty cubic feet, if she be over one hundred and fifty tons burden ; and one mace per
ton of forty cubic feet if she be of the burden of one hundred and fifty tons or under,
according to the tonnage specified in the register; which, with her other papers, shall,
on her arrival, be lodged with the Consul, who shall report the same to the Commis-
sioner of Customs. And if any vessel, having paid tonnage duty at one port, shall
go to any other port to complete the disposal of her cargo, or being in ballast, to
purchase an entire or fill up an incomplete cargo, the Consul shall report the same to
the Commissioner of Customs, who shall note on the port-clearance that the tonnage
duties have been paid, and report the circumstance to the collectors at the other
Custom-houses; in which case the said vessel shall only pay duty on her cargo, and
not be charged with tonnage duty a second time. The collectors of Customs at the
open ports shall consult with the Consuls about the erection of beacons or light-
houses, and where buoys and lightships should be placed.
Art. XVII.—Citizens of the United States shall be allowed to engage pilots to
take their vessels into port, and, when the lawful duties have all been paid, take them
out of port. It shall be lawful for them to hire at pleasure servants, compradores,
linguists, writers, labourers, seamen, and persons for whatever necessary service, with
passage or cargo-boats, for a reasonable compensation, to be agreed upon by the
parties or determined by the Consul.
Art. XVIII.—Whenever merchant vessels of the United States shall enter a port,
the Collector of Customs shall, if he see fit, appoint Custom-house officers to guard
said vessels, who may live on board the ship or their own boats, at their convenience.
The local authorities of the Chinese Government shall cause to be apprehended all
mutineers or deserters fi-om on board the vessels of the United States in China on
being informed by the Consul, and will deliver them up to the Consuls or other officers
for punishment. And if criminals, subjects of China, take refuge in the houses, or on
board the vessels of citizens of the United States, they shall not be harboured, but
108 TREATY BETWEEN THE UNITED STATES AND CHINA
shall be delivered up to justice on due requisition by the Chinese local officers^
addressel to those of the United States. The merchants, seamen, and other citizens-
of the United States shall be under the superintendence of the appropriate officers of'
their Government. If individuals of either nation commit acts of violence or disorder,
use arms to the injury of others, or create disturbances endangering life, the officers of'
the two Governments will exert themselves to enforce order and to maintain the
public peace, by doing impartial justice in the premises.
Art. XIX.—Whenever a merchant vessel belonging to the United States shall
cast anchor in either of the said ports, the supercargo, master, or consignee, shall,,
within forty-eight hours, deposit the ship’s papers in the bands of the Consul or
person charged with his functions, who shall cause to be communicated to the Super-
intendent of Customs a true report of the name and tonnage of such vessel, the number
of her crew, and the nature of her cargo, which being done, he shall give a permit for
her discharge. And the master, supercargo, or consignee, if he proceed to discharge-
the cargo without such permit, shall incur a fine of five hundred Dollars, and the goods-
so discharged without permit shall be subject to forfeiture to the Chinese Government.
But if a master of any vessel in port desire to discharge a part only of the cargo, it
shall be lawful for him to do so, paying duty on such part only, and to proceed with/
the remainder to any other ports. Or if the master so desire, he may, within forty-
eight hours after the arrival of the vessel, but not later, decide to depart without
breaking bulk; in which case lie shall not be subject to pay tonnage or other duties
or charges, until, on his arrival at another port, he shall proceed to discharge cargo-
when he shall pay the duties on vessel and cargo, according to law. And the tonnage
duties shall be held due after the expiration of the said forty-eight hours. In case
of the absence of the Consul or person charged with his functions, the captain or
supercargo of the vessel may have recourse to the Consul of a friendly Power; or, if
he please, directly to the Superintendent of Customs, who shall do all that is required!
to conduct the ship’s business.
Art. XX.—The Superintendent of Customs, in order to the collection of the
proper duties, shall, on application made to him through the Consul, appoint suitable
officers, who shall proceed, in the presence of the captain,, supercargo, or consignee
to make a just and fair examination of all goods in the act of being discharged for
importation, or laden for exportation, on board any merchant vessel of the United
States. And if disputes occur in regai-d to the value of goods subject to ad valorem
duty, or in regard to the amount of tare, and the same cannot be satisfactorily
arranged by the parties, the question may, within twenty-four hours, and not after-
wards, be referred to the said Consul to adjust with the Superintendent of Customs.
Art. XXI.—Citizens of the United States who may have imported merchandise
into .any of the free ports of China, and paid the duty thereon, if they desire to-
re-export the same in part or in whole to any other of the said ports, shall be entitled
to make application, through their Consul, to the Superintendent of Customs, who,
in order to prevent fraud on the revenue, shall cause examination to be made, by
suitable officers, to see that the duties paid on such goods as are entered on the Custom-
house books correspond with the representation made, and that the goods remain
with their original marks unchanged, and shall then make a memorandum in the
port-clearance of the goods and the amount of duties paid on the same, and deliver
the same to the merchant, and shall also certify the facts to the officers of Customs
at the other ports ; all which being done, on the arrival' in port of the vessel in
which the goods are laden, and everything being found, on examination there, to
correspond, she shall be permitted to break bulk, and land the said goods without
being subject to the payment of any additional duty thereon. But if, on such
examination, the Superintendent of Customs shall detect any fraud on the revenue in
the case, then the goods shall be subject to forfeiture and confiscation to the Chinese
Government. Foreign grain or rice brought into any port of China in. a ship of
the United States, and not landed, may be re-exported without hindrance.
Art. XXII.—The tonnage duty on vessels of the United States shall be paid on
their being admitted to entry. Duties of import shall be paid on the discharge of the
TEEATY BETWEEN THE UNITED STATES AND CHINA 10£>
goods, and duties of export on the lading of the same. When all such duties shall
have been paid, and not before, the Collector of Customs shall give a port-clearance,
and the Consul shall return the ship’s papers. The duties shall be paid to the shroffs
authorized by the Chinese Government to receive the same. Duties shall be paid and
received either in sycee silver or in foreign money, at the rate of the day. If the
Consul permits a ship to leave the port before the duties and tonnage dues are paid
he shall be held responsible therefor.
Art. XXIII.—When godds on board any merchant vessel of the United States
in port require to be transhipped to another vessel application shall be made to the
Consul, who shall certify what is the occasion therefor to the Superintendent of
Customs, who may appoint officers to examine into the facts and permit the
transhipment. And if any goods be transhipped without written permits, they shall
be subject to be forfeited to the Chinese Government.
Art. XXIV.—Where there are debts due by subjects of China to citizens of the
United States, the latter may seek redress in law ; and, on suitable representation being
made to the local authorities through the Consul, they will cause due examination in
the premises, and take proper steps to compel satisfaction. And if citizens of the
United States be. indebted to subjects of China, the latter may seek redress by
representation through the Consul, or by suit in the Consular Court; but neither
Government will hold itself responsible for such debts.
Art. XXV.—It shall be lawful for the officers or citizens of the United States to
employ scholars and people of any part of China, without distinction of persons, to
teach any of the languages of the Empire, and assist in literary labours, and the
] ersons so employed shall not for that cause be subject to any injury on the part
either of the Government or individuals; and it shall in like manner be lawful for
citizens of the United States to purchase all manner of books in China.
Art. XXVI.,—Relations of peace and amity between the United States and China
being established by this Treaty, and the vessels of the United States being admitted
to trade freely to and from the ports of China open to foreign commerce, it is further
agreed that, in case at any time hereafter China should be at war with any foreign
nation whatever, and should for that cause exclude such nation from entering her
ports, still the vessels of the United States shall none the less continue to pursue their
commerce in freedom and security, and to transport goods to and from the ports of
the belligerent Powers, full respect being paid to the neutrality of the flag of the
United States, provided that the said flag shall not protect vessels engaged in the
transportation of officers or soldiers in the enemy’s service, nor shall said flag be
fraudulently used to enable the enemy’s ships, with their cargoes, to enter the ports
of China; but all such vessels so offending shall be subject to forfeiture and confisca-
tion to the Chinese Government.
Art. XXVII.—All questions in regard to rights, whether of property or person,
arising between citizens of the United States in China, shall be subject to the
jurisdiction and be regulated by the authorities of their own government; and all
controversies occurring in China between citizens of the United States and the
subjects of any other government shall be regulated by the Treaties existing between
the United States and such governments respectively, without interference on the
part of China.
Art. XXVIII.—If citizens of the United States have special occasion to address
any communication to the Chinese local officers of Government, they shall submit the
same to their Consul or other officer, to determine if the language be proper and
respectful, and the matter just and right, in which event he shall transmit the same
to the appropriate authorities for their consideration and action in the premises. If
subjects of China have occasion to address the Consul of the United States they may
address him directly, at the same time they inform their own officers, representing the
case for his consideration and action in the premises; and if controversies arise
between citizens of the United Stares and subjects of China, which cannot be amicably
.settled otherwise, the same shall be examined and decided conformably to justice and
equity by the public officers of the two nations, acting in conjunction. The extortion
110 ADDITIONAL TREATY, BETWEEN THE UNITED STATES AND CHINA
of illegal fees is expressly prohibited. Any peaceable persons are allowed to enter
the Court in order to interpret, lest injustice be done.
Art. XXIX,—The principles of the Christian Religion, as prufessel by the
Protestant and Roman Catholic Churches, are recognised as teaching men to do good,
and to do to others as they would have others to do to them. Hereafter those who
quietly profess and teach these doctrines shall not be harassed or persecuted on
account of their faith. Any person, whether citizen of the United States or Chinese
convert, who, according to those tenets, peaceably teache's and practises the principles
of Christianity, shall in no case be interfered with or molested.
Art. XXX.—The contracting parties hereby agree that should at any time the
Ta-Tsing Empire grant to any nation, or the merchants or citizens of any nation, any
right, privilege, or favour, connected either with navigation, commerce, political or
other intercourse, which is not conferred by this Treaty, such right, privilege, and
favour shall at once freely enure to the benefit of the United States, its public officers,
merchants, and citizens.
The present Treaty of Peace, Amity, and Commerce shall be ratified by the
President of the United States, by and with the advice and consent of the Senate,
within one year, or sooner, if possible, and by the August Sovereign of the Ta-Tsing
Empire forthwith; and the ratifications shall be exchanged within one year from the
date of the signature thereof.
In faith whereof we, the respective Plenipotentiaries of the United States of
America and of the Ta-Tsing Empire, as aforesaid, have signed and sealed these
presents.
Done at Tientsin, this eighteenth day of June, in the year of our Lord one
thousand eight hundred and fifty-eight and the Independence of the United States
of America the eighty-second, and in the eighth year of Hien Fung, fifth moon, and
eighth day.
[l.s.] William B. Reed.
[l.s.] Kweiliang.
[l.s.] Hwashana.
[Appended to the foregoing Treaty are Tariff and Rules identical with those
annexed to the British Treaty of Tientsin.]
ADDITIONAL TREATY BETWEEN THE UNITED
STATES AND CHINA
Signed, in the English and Chinese Languages, at Washington,
28th July, 1868
Ratifications Exchanged at Peking, 23rd November, 1869
Whereas, since the conclusion of the. Treaty between the United States of America
and the Ta-Tsing Empire (China) of the 18th June, 1858, circumstances have
arisen showing the necessity of additional Articles thereto: the President of the
United States and the August Sovereign of the Ta-Tsing Empire have named for
their Plenipotentiaries: to wit, the President of the United States of America,
William R. Seward, Secretary of State; and His Majesty the Emperor of China,
Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipo-
tentiary, and Chih-kang and Sun-chia-ku, of the second Chinese rank, associated
high Envoys and Ministers of his said Majesty; and the said Plenipotentiaries, after
having exchanged their full powers, found to be in due and proper form, have agreed
upon the following Articles :—
Art. I.—His Majesty the Emperor of China, being of the opinion that in making
conc.ssions to the citizens or subjects of foreign Powers, of the privilege of residing
ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA ill
on certain tracts of land, or resorting to certain waters of that Empire, for purposes
of trade, he has by no means relinquished his right of eminent domain or dominion
over the said lands and waters, hereby agrees that no such concession or grant shall
be construed to give to any Power or party which may be at war with or hostile to
the United States, the right to attack the. citizens of the United States, or their
property, within the said lands or waters : And the United States for themselves
hereby agree to abstain from offensively attacking the citizens or subjects of any
Power or party, or their property, with which they may be at war, on any such tract
of land or water of the said Empire. But nothing in this Article shall be construed
to prevent the United States from resisting an attack by any hostile Power or party
upon their citizens or their property. *
It is further agreed that if any right or interest in any tract of land in China,
has been, or shall hereafter be, granted by the Government of China to the United
States or their citizens for purposes of trade or commerce, that grant shall in no
event be construed to divest the Chinese Authorities of their right of jurisdiction
over persons and property within said tract of land except so far as the right may
have been expressly relinquished by Treaty.
Art. II.—The United States of America and His Majesty the Emperor of China,
believing that the safety and prosperity of commerce will thereby best be promoted,
agree that any privilege or immunity in respect to trade or navigation within the
Chinese dominions which may not have been stipulated for by Treaty, shall be subject
to the discretion of the Chinese Government, and may be regulated by it accordingly,
but not in a manner or spirit incompatible with the Treaty stipulations of the parties.
Art. III.—The Emperor of China shall have the right to appoint Consuls at
puts of the United States, who shall enjoy the same privileges and immunities as
those which are enjoyed by public law and Treaty in the United States by the Consuls
of Great Britain and Russia, or either of them.
Art. IV.—The 29th Article of the Treaty of the 18th June, 1858, having stipulated
for the exemption of the Christian citizens of the United Slates and Chinese converts
from persecution in China on account of their faith, it is further agreed that citizens
of the United States in China of every religious persuasion, and Chinese subjects in
the United States, shall enjoy entire liberty of conscience, and shall be exempt from
all disability or persecution on account of their religious faith or worship in either
country. Cemeteries for sepulture of the dead, of whatever nativity or nationality,
shall be held in respect and free from disturbance or profanation.
Art. V.—The United States of America and the Emperor of China cordially
recognize the inherent and inalienable right of man to change his home and allegiance,
and also the mutual advantage of the free migration and emigration of their citizens
and subjects respectively from the one country to the other for the purposes of curiosity,
of trade, or as permanent residents. The high contracting parties, therefore, join in
reprobating any other than an entirely voluntary emigration for these purposes.
They consequently agree to pass laws, making it a penal offence for a citizen of the
United States, or a Chinese subject, to take Chinese subjects either to the United
States or to any other foreign country; or for a Chinese' subject or citizen of the
United States to take citizens of the United States to China, or to any other foreign
country, without their free and voluntary consent respectively.
Art. VI.—Citizens of the United States visiting or residing in China shall enjoy
the same privileges, immunities, or exemptions in respect to travel or residence as may
there be enjoyed by the citizens or subjects of the most favoured nation. And,
reciprocally, Chinese subjects visiting or residing in the United States shall enjoy
the same privileges, immunities, and exemptions in respect to travel or residence as
may there be enjoyed by the citizens or subjects of the most favoured nation. But
nothing herein contained shall be held to confer naturalization upon citizens of the
United States in China, nor upon the subjects of-China in the United States.
Art. VII.—Citizens of the United States shall enjoy all the privileges of the
public educational institutions under the control of the Government of China; and,
reciprocally, Chinese subjects shall enjoy all the privileges of the public educational
112 IMMIGRATION- AND COMMERCIAL TREA LTES BETWEEN THE H. S. & CHINA
institutions under the eontrol of the Government of the United States, which are
enjoyed in the respective countries by the citizens or subjects of the most favoured
nat on. The citizens of the United States may freely establish and maintain s hools
within the Empire of China at those places where foreigners are by Treaty permitted
to reside; and, reciprocally, Chinese .subjects may enjoy the same privileges and
immunities in tbe United States.
Art. VTII.—The United States, always disclaiming and discouraging all prac-
tices of unnecessary dictation and intervention by one nation in the affairs or domestic
administration of another, do hereby freely disclaim and disavow any intention or
right to intervene in the domestic administration of China in regard to the construc-
tion of railroads, telegraphs, or other material internal improvements. On the other
hand, His Majesty the Emperor of China reserves to himself the right to decide the
time and manner and circumstances of introducing such improvements within his
dominions. With this mutual understanding it is agreed by the contracting parties
that, if at any time hereafter his Imperial Majesty shall determine to construct, or
cause to be constructed, works of the character mentioned within the Empire, and
shall make application to the United States or any other Western Power for facilities
to carry out that policy, the Unite! States will in thit case designate or authorize
suitable engineers to be employed by the Chinese Government, and will recommend
to other nations an equal compliance with such applications ; the Chinese Government
in that case protecting such engineers in their persons and property, and paying
them a reasonable compensation for their services.
In faith whereof, the respective Plenipotentiaries have signed this Treaty and
thereto affixed the seals of their anus.
Done at. Washington, the twenty-eighth day of July, in the year of our Lord one •
thousand eight hundred and sixty-eight.
[l.s.] (Signed) William H. Seward. [l.s.] (Signed) Chih Kang.
[l.s.] „ Anson Burlingame. [l.s.] „ Sun Chiaku.
immigration and commercial treaties between
THE UNITED STATES AND CHINA
Signed at Peking, in the English and Chinese Languages,
on the 17th November, 1880
The Immigration Treaty
Whereas, in the eighth year of Hien Fung, Anno Domini 1858, a Treaty of Peace
and Friendship was concluded between the United States of America and China, and
to which were added in the seventh year of Tung Chi, Anno Domini 1868, certain
supplementary Articles to the advantage of both parties, which supplementary Articles
were to be perpetually observed and obeyed; and
Whereas the Government of the United States, because of the constantly in-
creasing immigration of Chinese labourers to the territory of the United States, and
the embarrassments consequent upon such immigration, now desires to negotiate a
modification of the existing Treaties which will not be in direct contravention of their
spirit; now, therefore, the President of the United States of America appoints James
B. Angell, of Michigan; John F. Swift, of California; and William H. Trescott, of
South Carolina, as bis Commissioners Plenipotentiary; and His Imperial Majesty
the Emperor of China has appointed Pao Chun, a member ofHis Imperial Majesty’s
Privy Council and Superintendent of the Board of Civil Office, and Li Hung Tsao, a
member of His Imperial Majesty’s Privy Council, as his Commissioners Plenipo-
tentiary ; and the said Commissioners Plenipotentiary, having conjointly examined
IMMIGKA.TION AND COMMERCIAL TREATIES BETWEEN THE U. S & CHINA ] 13
•their full powers, and, having discussed the points of possible modifications in existing
"'Treaties, have agreed upon the following Articles in modification :—
Art. I.—Whenever, in the opinion of the Government of the United States, the
coming of Chine-se labourers to the United States, or their residence therein, affects,
• or threatens to affect, the interests of that country, or to endanger the good order of
any locality within the territory thereof, the Government of China agrees that the
Government of the United States may legulate, limit, or suspend such coming or
residence, but may not absolutely prohibit it. The limnation or suspension shall be
reasonable, and shall apply only to Chinese who may go to the United States as
labourers, other classes not being included in the limitation. Legislation in regard
to Chinese labourers will be of such a character only as is necessary to enforce the
regulation, limitation, or suspension, of immigration, and immigrants shall not be
„ subject to* personal maltreatment or abuse.
Art. II.—Chinese subjects, whether proceeding to the United States as traders
or students, merchants, or from curiosity, together with their body and household
servants, and Chinese labourers who are now in the United States shall be allowed
•to go and come of their own free will and accord and shall be accorded all the rights,
privileges, immunities, and exemptions which are accorded to the citizens and subjects
of the most favoured nations.
Art. III.—If Chinese labourers, or Chinese of any other class, now either
permanently or temporarily residing in the territory of the United States, meet with
ill-tre. tment at the hands of any other persons, the Government of the United States
will exert all its power to devise measures for their protection, and secui'e to them the
same tights, privileges, immunities and exemptions as nmy be enjoyed by the citizens
or subjects of the most favoured nation, and to which they are entitled by Treaty.
Art. IV.—The high contracting Powers, having agreed upon the foregoing
. Articles, whenever tlie Government of the United States shall adopt legislative
•measures in accordance therewith, such measures will be communicated to the
Government of China, and if the measures, as effected, are found to work hardship
.• upon the subjects of China, the Chinese Minister at Washington may bring the
matter to the notice of the Secretary of State of the United States, who will consider
the subject with him, and the Chinese Foreign Office may also bring the matter to
the notice of the U.S. Minister at Peking and consider the subject with him, to the
end that mutual and unqualified benefit may result. In faith whereof, the Plenipo-
tentiaries have signed and sealed the foregoing at Peking, in English and Chinese,
-there being three originals of each text of even tenor and date, the ratifications of
which shall be exchanged at Peking within one year from the date of its execution.
Done at Peking, this 17th day of November, in the year of our Lord one thousand
■ eight hundred and eighty, Kuang Hsu sixth year, tenth moon, fifteenth day.
Signed and sealed by the above-named Commissioners of both Governments.
Th*e Commercial Treaty
The President of the United States of America and His Imperial Majesty the
Emperor of China, because of certain points of incompleteness in the existing Treaties-
between the two Governmen s, have named as their Commissioners Plenipotentiary:
The President of the United States of America, James B. Angell, of Michigan; John
F. Swift, of California; and William H. Trescott, of South Carolina, as his Com-
missioners Plenipotentiary; and His Imperial Majesty the Emperor of China has
appointed Pao Chun, a member of His Imperial Majesty’s 1’rivy Council and Super-
intendent of the Board of Civil Office; and Li Hung Tsao, a member of His Imperial
Majesty’s Privy Council, as his Commissioners Plenipotentiary; and the said Com-
missioners Plenipotentiary, having conjointly examined their full powers, and having
discussed the points of possible modification in existing Treaties, have agreed upon
-the following Additional Articles:—
•Art. I.—The Governments of the United States and China, recognizing the
(benefits of their past commercial relations, and in order to stilUfurther promote such
114 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE TJ. S. & CHINA
relation between the citizens and subjects of the two Powers, mutually agree to give
the most careful and favourable attention to the representations of either as such
special extension of commercial intercourse as either may desire.
Art. II.—-The Governments of China and of the United States mutually agree
and undertake that Chinese subjects shall not be permitted to import opium in any
of the ports of the United States, and citizens of the United States shall not be
permitted to import opium into any of the open ports of China, or transport from one
open port to any other open port, or to buy and sell opium in any of the open ports in
China. This absolute prohibition, which extends to vessels owned by the citizens
or subjects of either Power, to foreign vessels employed by them, or to vessels owned
by the citizens or subjects of either Power and employed by other persons for the
transportation of opium, shall be enforced by appropriate legislation on the part of
China and the United States, and the benefits of the favoured nation clauses in ^
existing Treaties shall not be claimed by the citizens or subjects of either Power as
against the provisions of this Article.
Art. III.—His Imperial Majesty the Emperor of China hereby promises and
agrees that no other kind or higher rate of tonnage dues or duties for imports or ex-
ports or coastwise trade shall be imposed or levied in the open ports of China uport
vessels wholly belonging to citizens of the United States, or upon the produce, manu-
factures, or merchandise imported in the same from the United States, or from any
foreign country, or upon the produce, manufactures, or merchandise exported in the
same to the United States, or any foreign country, or transported in the same from
one open port of China to another, than are imposed or levied on vessels or cargoes
of any other nation, or on those of Chinese subjects. The United States hereby pro-
mises and agrees that no other kind or higher rate of tonnage duties and dues for
imports shall be imposed or levied in the ports of the United States upon vessels
wholly belonging to the subjects of his Imperial Majesty, coming either directly or
by way of any foreign port from any of the ports of China which are open to foreign
trade to the ports of the United States, or returning therefrom either directly or by
way of any foreign port to any of the open ports of China, or upon the produce,
manufactures, or merchandise imported in the same from China, or from any foreign
country, than are imposed or levied on vessels of any other nations which make no
discrimination against the United States in tonnage dues or duties on imports,
exports, or coastwise trade, than are imposed or levied on vessels and cargoes of
citizens of the United States.
Art. IV.—When controversies arise in the Chinese Empire between citizens of
the United States and subjects of His Imperial Majesty, which need to be examined
and decided by the public officer of the two nations, it is agreed between the
Governments of the United States and China that such cases shall be tried by the
proper official of the nationality of the defendant. The properly authorized official
of the plaintiff’s nationality shall be freely permitted to attend the trial, and shall
be treated with the courtesy due to his position. -He shall be granted all proper
facilities for watching the proceedings in the interest of justice, and if he so desire
he shall have the right to be present and to examine and to cross-examine witnesses.
If he is dissatisfied with the proceedings, he shall be permitted to protest against
them in debate. The law administered will be the law of the nationality of the officer
trying the case.
In faith whereof, the respective Plenipotentiaries have signed and sealed the
foregoing, at Peking, in English and Chinese, there being three originals of each text,
of even tenor and date, the ratifications of which shall be exchanged at Peking within
one year from the date of its execution.
Done at Peking, this seventeenth day of November, in the year of our Lord one
thousand eight hundred and eighty, Kuang Hsu sixth year, tenth moon, fifteenth day*
(Signed) James B. Angell. (Signed) Pao Chun.
„ John F. Swift. „ Li Hung-tsao.
„ William H. Teescott.
IMMIGRATION PROHIBITION TREATY BETWEEN THE
UNITED STATES OF AMERICA AND CHINA, 1891
Ratifications Exchanged at Washington, 7th December, 1894
Whereas, on the 17tli of November, a.d. 1880, and of Kwang Hsu, the sixth
year, the tenth month, and the 15th day, a Treaty was concluded between the United
States and China for the purpose of regulating, limiting, or suspending the coming
of Qhinese labourers to and their residence in the United States, and, whereas the
Government of China, in view of the antagonism and much deprecated and serious
disorders to which the presence of Chinese labourers has given rise in certain parts
of the United States, desires to prohibit the emigration of such labourers from
China to the United States; and, whereas the two Governments desire to co-operate
in prohibiting such emigration and to strengthen in many other ways the bonds of
relationship between the two countries; and, whereas the two Governments are desirous
of adopting reciprocal measures for the better protection of the citizens or subjects
of each within the jurisdiction of the other; now, therefore, the President of the
United States has appointed Walter Q. Gresham, Secretary of State,^ as his
Plenipotentiary, and his Imperial Majesty the Emperor of China has appointed
Yang Yui, Officer of the Second Bank, Sub-director of the Court of Sacrificial
Worship and Envoy Extraordinary and Minister Plenipotentiary, and the said
Plenipotentiaries having exhibited their respective full powers, found to be in due
form and good faith, have agreed upon the following Articles:—
Art. I.—The high contracting parties agree that for a period of ten years
beginning with the date of the ratifications of this Convention, the coming, except
under the conditions hereinafter specified, of Chinese labourers to the United States
shall be absolutely prohibited.
Art. II.—The preceding Article shall not apply to the return to the United
States of any registered Chinese labourer who has a lawful wife, child, or parent in
the United States or property therein of the value of $1,000, or debts of like amount
due to him and pending settlement. Nevertheless, every such Chinese labourer
shall, before leaving the United States, deposit, as a condition of his return, with
the Collector of Customs of the district from which he departs, a full description in
writing of his family or property or debts as aforesaid, and shall be furnished by
the said Collector with such certificate of his right to return under this Treaty as
the laws of the United States may now or hereafter prescribe, and not inconsistent
with the provisions of the Treaty; and should the written description aforesaid be
proved to be false, the rights of return thereunder, or of continued residence after
return, shall in each case be forfeited. And such right of return to the United
States shall, be exercised within one year from the date of leaving the United
States; but such right of return to the United States may be extended for an
additional period, not to exceed one year, in cases where by reason of sickness or
other cause of disability beyond his control such Chinese labourer shall be rendered
unable sooner to return, which facts shall be fully reported to the Chinese Consul
at the port of departure, and by him certified to the satisfaction of the Collector of
the port at which such Chinese subject shall land in the United States. And no
such Chinese labourer shall be permitted to enter the United States by land or sea
without producing to the proper officer of the Customs the return certificate herein
required.
116 IMMIGRATION PROHIBITION TREATY BETWEEN THE U. S. & CHINA
Art. III.—The provisions of the Convention shall not affect the right at present-
enjoyed by Chinese subjects, being officials, teachers, students, merchants, or'
travellers for curiosity or pleasure, but not labourers, of coming to the Unitedi
States and residing therein. To entitle such Chinese subjects as are above described
to admission into the United States they may produce a certificate either from their
Government or from the Government of the country where they last resided, vised1
by the diplomatic or consular representative of the United States in the country or
port whence they depart. It is also agreed that Chinese labourers shall continue
to enjoy the privilege of transit across the territory of the United States in the
course of their journey to or from other countries, subject to such regulations by
the Government of the United States as may be necessary to prevent the said
privilege of transit from being abused.
Art. IV.—In pursuance of Article III. of the Immigration Treaty between the
United States and China, signed at Peking on the 17th day of November, 1880, it is
hereby understood and agreed, that Chinese labourers or Chinese of any other class,
either permanently or temporarily residing in the United States, shall have for the
protection of their persons and property 'all rights that are given by the laws of the
United States to citizens of the more favoured nations, excepting the right to-
become naturalized citizens. And the Government of the United States reaffirms-
its obligations, as stated in the said Article III., to exert all its power to secure the-
protection to person and property of all Chinese subjects in the United States.
Art. V.—The Government of the United States having, by an Act. of Congress,,
approved May oth, 1892, as amended and approved November 3rd, 1893, required all
Chinese labourers lawfully within the United ’States, before the passage of the
first-named Act, to be registered, as in the said Acts provided, with a view of !
affording them better protection, the Chinese Government will not object to the
enforcement of the said Acts, and reciprocally the Government, of the United States
recognises the right of the Government of China to enact and enforce similar laws-
and regulations, for the registration, free of charge of all labourers, skilled or
unskilled (not merchants, as defined by the said Acts of Congress), citizens of the
United States in China whether residing within or without the Treaty Ports. And*
the Government of the Unite! States agrees that within twelve months from the-
date of the exchange of the ratifications of this Convention, and annually thereafter,
it will furnish to the Government of China registers or reports showing the fulli
name, age, occupation, and number or place of residence of all other citizens of the
Uniied States, including missionaries residing both within and without the Treaty'
Ports of China, not including, however, diplomatic and other officers of the United
States residing or travelling in China upon official business, together with their
body and household servants.
Art. VI.—This Convention shall remain in force for a period of ten years,,
beginning with the date of the exchange of ratifications, and if six months before
the expiration of the said period of ten years neither Government shall have formally
given notice of its final termination to the other, it shall remain in full force for *
another like period of ten years.
In faith whereof, we, the respective Plenipotentiaries, have signed this
Convention and have hereunto affixed our seals.
Done, in duplicate, at Washington, the 17th day of March, a.d. 1894.
Walter Q. Gresham,
Secretary of State.
Yang Yui,
Chinese Minister to the United States.
COMMERCIAL TREATY BETWEEN THE UNITED
STATES AND CHINA
Signed at Shanghai, 8th October, 1903
[Translation]
The United States of America and His Majesty the Emperor of China, being -
animated by an earnest desire to extend further the commercial relations between .
them and otherwise to promote the interests of the peoples of the two countries, in
view of the provisions of the first paragraph of Article XI. of the Final Protocol
signed at Peking on the 7th day of September, a.d. 1901, whereby the Chinese Gov-
ernment agreed to negotiate the amendments deemed necessary by the foreign
Governments to the Treaties of Commerce and Navigation and other subjects concern-
ing commercial relations, with the object of facilitating them, have for that purpose
named as their Plenipotentiaries:—
The United States of America, Edwin H. Conger, .Envoy Extraordinary and
Minister Plenipotentiary of the United States of America to China; John Goodnow,
Consul-General of the United States of America at Shanghai, John F. Seaman, a
Citizen of the United States of America resident at Shanghai;
And His Majesty the Emperor of China, Lu Pai-huan, President of the Board
of Public Works; Sheng Hsuan-huai, Junior Guardian of the Heir Apparent,
formerly Senior Vice-President of the Board of Public Works; Wu Ting Fang,
Senior Vice-President of the Board of Commerce;
Who, having met and duly exchanged their full powers, which were found to be
in proper form, have agreed upon the following amendments to existing Treaties of
Commerce and Navigation previously concluded between the two countries, and upon
the subjects hereinafter expressed connected with commercial relations, with the
object of facilitating them.
Art. I.—In accordance with international custom, and as the diplomatic
representative of China has the right to reside in the Capital of the United States,
and to enjoy there the same prerogatives, privileges and immunities as are enjoyed
by the similar representative of the most favoured nation, the diplomatic representa-
tive of the United States shall have the right to reside at the capital of His Majesty
the Emperor of China. He shall be given audience of His Majesty the Emperor
whenever necessary to present his letters of credence or any communication from the
President of the United States. At all such times he shall be received in a place
and in a manner befitting his high position, and on all such occasions the ceremonial
observed toward him shall be that observed toward the representatives of nations on
a footing of equality, with no loss of prestige on either side.
The diplomatic representatives of the United States shall enjoy all the preroga-
tives, privileges and immunities accorded by international usage to such representatives,
and shall in all respects be entitled to the treatment extended to similar representatives
of the most favoured nation.
The English text of all notes or despatches from United States otficials to
Chinese officials, and the Chinese text of all notes or despatches Irom Chinese officials
to United States officials shall be authoritative.
Art. II.—As China may appoint consular officers to reside in the United States
and to enjoy there the same attributes, privileges and immunities as are enjoyed by
consular officers of other nations, the United States may appoint, as its interests may
318 COMMERCIAL TREATY BETWEEN7 UNITED STATES AND CHINA
requiie, consular officers to reside at the places in the Empire of China that are now
-or that may hereafter be opened.' to foreign residence and trade. They shall hold
direct official intercourse and correspondence with'the local officers of the Chinese
-Oovernment within their consular districts, either personally or. in writing as the case
may require, on terms of equality and reciprocal respect. These officers shall be
■treated with proper respect by all Chinese authorities, and they shall enjoy all the
attributes, privileges and immunities, and exercise all the jurisdiction over their
nationals which are or may hereafter be extended to similar officers of the nation the
most favoured in these respects. If the officers of either Government are disrespect-
fully treated or aggrieved in any way by the authorities of the other, they shall have
the right to make representation of the same to the superior officers of their own
•Government, who shall seetnat full inquiry and strict justice be had in the premises.
And the said consular officers of either nation shall carefully avoid all acts of offence
■to the officers and people of the other nation.
On the arrival of a Consul properly accredited at any place in China opened to
foreign trade, it shall be the duty of the Minister of the United States to inform the
Board of Foreign Affairs, which shall, in accordance with international usage, forth-
with cause the due recognition of the said Consul and grant him authority to act.
Art. III.—Citizens of the United States may frequent, reside, and carry on trade,
industries and manufactures, or pursue any lawful avocation, in all the ports or
localities of China which are now open or may hereafter be opened to foreign trade
and residence; and, within the suitable localities at those places which have been or
may be set apart for the use and occupation of foreigners, they may rent or purchase
houses, places of business and other buildings, and rent or lease in perpetuity land
and build thereon. They shall generally enjoy as to their persons and property all
such rights, privileges and immunities as are or may hereafter be granted to the
subjects or citizens of the nation the most favoured in these respects.
Art. IV.—The Chinese Government, recognising that the existing system of
levying dues on goods in transit, and especially the system of taxation known as
lekin, impedes the free circulation of commodities to the general injury of trade,
hereby undertakes to abandon the levy of lekin and all other transit dues throughout
the empire and to abolish the offices, stations and barriers maintained for their
collection and not to establish other offices for levying dues on goods in transit.
It is clearly understood that, after the offices, stations and barriers for taxing goods
in transit have been abolished, no attempt shall be made to re-establish them in any
form or under any pretext whatsoever.
The Government of the United States, in return, consents to allow a surtax, in
excess of the tariff' rates for the time being in force, to be imposed on foreign goods
imported by citizens of the United States and on Chinese produce destined for export
abroad or coastwise. It is clearly understood that in no case shall the surtax on
foreign imports exceed one and one-half times the import duty leviable in terms of
the final Protocol signed by China and the Powers on the seventh day of September,
a.d. 1901; that the payment of the import duty and surtax shall secure for foreign
imports, whether in the hands of Chinese or foreigners, in original packages or other-
wise, complete immunity from all other taxation,'examination or delay; that the total
amount of taxation, inclusive of the tariff export duty leviable on native produce for
export abroad shall, under no circumstances, exceed seven and one-half per cent.
ad valorem.
Nothing in this Article is intended to interfere with the inherent right of China
to levy such other taxes as are not in conflict with its provisions.
Keeping these fundamental principles in view, the high contracting parties
Lave agreed upon the following method of procedure:
The Chinese Government undertakes that all offices, stations and barriers of
whatsoever kind for collecting lekin, duties, or such like dues on goods in transit, shall
be permanently abolished on all roads, railways and waterways in the nineteen
Provinces of China and the three Eastern Provinces. This provision does not apply
-to the native Customs offices at present in existence on the seaboard, at open ports
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 119'
where there are offices of the Imperial Maritime Customs, and on the land frontiers
of China embracing the nineteen Provinces and the three Eastern Provinces.
Wherever there are offices of the Imperial Maritime Customs, or wherever such
may be hereafter placed, native Customs offices may also be established, as well as at
any point either on the seaboard or land frontiers.
The Government of the United States agi'ees that foreign goods on importa-
tion, in addition to the effective five per cent, import duty as provided for in the
Protocol of 1901, shall pay a special surtax of one and one-half times the amount of
the said duty to compensate for the abolition of lehin, of other transit dues besides
lekin, and of all other taxation on foreign goods and in consideration of the other
reforms provided for in this Article.
The Chinese Government may re-cast the foreign export tariff witli 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 of all kinds, may
be levied at the place of original shipment, or at the time of export on goods exported
either to foreign countries or coastwise.
Foreign goods which bear a similarity to native goods shall be furnished by the •
Customs officers, if required by the owner, with a protective certificate for each pack-
age, on the 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 Customs offices only, to be dealt with according to the fiscal regulations of the
Chinese Government.
Machine-made cotton yani and cloth manufactured in China, whether by foreigners
at the open ports or by Chinese anywhere in China, shall as regards taxation be
on a footing of perfect equality. Such goods upon payment of the taxes thereon
shall be granted a rebate of the import duty and of two-thirds of the import surtax
paid on the cotton used in their manufacture, if it has been imported from abroad,
and of all duties paid thereon if it be Chinese grown cotton. They shall also be free
of export duty, coast-trade duty and export surtax. The same principle and pro-
cedure shall be applied to all other products of foreign type turned out by machinery
in China.
A member or members of the Imperial Maritime Customs foreign staff shall be
selected by the Governors-General and Governors of each of the various provinces of
the Empire for their respective provinces, and appointed in consultation with the
Inspector-General of Imperial Maritime Customs, for duty in connection with native
Customs affairs to have a general supervision of their working.
Cases where illegal action is complained of by citizens of the United States shall
be promptly investigated by an officer of the Chinese Government of sufficiently high
rank, in conjunction with an officer of the United States Government, and an officer
of the Imperial Maritime Customs, each of sufficient standing; and, in the event of
itlossbeing
has found by the investigating
been incurred, officers'that
due compensation shall bethepaidcomplaint
through isthewellImperial
foundedMari-
and
time Customs. The high provincial officials shall be held responsible that the officer
guilty of the illegal action shall be severely punished and removed from his post. If
the complaint is shown to be frivolous or malicious, the complainant shall be held
responsible for the expenses of the investigation.
When the ratifications of this Treaty shall have been exchanged by the high
contracting parties hereto, and the provisions of this Article shall have been accepted'
by the Powers having Treaties with China, then a date shall be agreed upon when
the provisions of this Article shall take effect, and an Imperial Edict shall be
published in due form on yellow paper and circulated throughout the Empire of
China setting forth the abolition of all lekin taxation, duties on goods in transit,
; 120 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA
offices stations and barriers for collecting the same, and of ail descriptions of internal
taxation on foi'eign goods, and the imposition of the surtax on the import of foreign
gi.ods and on the export of native goods, and the other fiscal changes and reforms
p-ovided for in this Article, all of whi. h shall take effect from the said date. The
Edict shall state that the provincial high officials are responsible that any official
disregarding the letter or the spirit of its injunction shall be severely punished and
removed Irom his post.
Art. Y.—The tariff duties to be paid by citizens of the United States on goods
imported into Ch na shall be as set forth in the schedule annexed hereto and made
part of this Treaty, subject only to such amendment and changes as are authorised
by Ariicle IV. of the present Convention, or as may hereafter be agreed upon by the
present high contracting parties. It is expressly agreed, however, that citizens of
the United States shall at no time pay other or higher duties than those paid by the
citizens or subjects of the nmst favoured -nation.
Conversely, Chinese subjects shall not pay higher duties on their imports into the
United States than those paid by the citizens or subjects of the most favoured nation.
Art. YI.—The Government of China agrees to the establishment by citizens of the
United States of warehouses approved by the proper Chinese authorities as bonded
warehouses at the several open ports of China, for storage, re-packing, or preparation
for shipment of lawful goods, subject to such needful regulations for the protection
of the revenue of China, including a reasonable scale of fees according to com-
modities, distance from the Custom-house, and hours of working, as shall be made
from time to time by the proper officers of the Government of China.
Art. VII.—The Chinese Government, recognising that it is advantageous for
the country to develop its mineral resources, and that it is desirable to attract foreign
as well as Chinese capital to embark in mining enterprises, agrees, within one year
from the signing of this Treaty, io initiate and conclude the revision of the existing
mining regulations. To this end China will, with all expedition and earnestness, go
into the whole question of mining rules; and, selecting from the rules of the United
States and other countries, regulations which seem applicable to the condition of
China, will recast its present mining rules in such a way as, while promoting the
intei'ests of Chinese subjects and not injuring in any way the sovereign rights of
China, will offer no impediment to the attraction of foreign capital nor place foreign
capitalists at a greater disadvantage than they would be under generally accepted
foreign regulations ; and will permit citizens of the United States to carry on in
Chinese territory mining operations and other necessary business relating thereto,
provided they comply with the new regulations and conditions which may be imposed
by China on its subjects and foreigners alike, relating to the opening of mines, the
renting, of mineral land, and the payment of royalty, and provided they apply for
permits, the provisions of which in regard to necessary business relating to such
operations shall be observed. The residence of citizens of the United States in
connection with such mining operations shall be subject to such regulations as shall
be agreed upon between the United States and China.
Any mining concession granted after the publication of such new rules shall be
subject to their provisions.
Art. VIII.—Drawback certificates for the return of duties shall be issued by the
Imperial Maritime Customs to citizens of the United States within three weeks of
the presentation to the Customs of the papers entitling the applicant to receive such
drawback certificates, and they shall be receivable at their face value in payment of
duties of all kinds (tonnage dues excepted) at the port of issue; or shall, in the case
of drawbacks on foreign goods re-exported within three years from the date of
importation, be redeemable by the Imperial Maritime Customs in full in ready money
at the port of issue, at the option of the holders thereof. 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 dealt with and punished in
accordance with the stipulations provided in the Treaty of Tientsin, Article XXI., in
the case of detected frauds on the revenue. In case the goods have been removed
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 121'
ilfiora Chinese territory, then the Consul shall inflict on the guilty party a fine to be
jlpaid to the Chinese Government.
Art. IX.—Whereas the United States undertakes to protect the citizens of any
(Country in the exclusive use within the United States of any lawful trade-marks,
Provided that such country agrees by Treaty or Convention to give like protection to -
'.tizens of the United States :—-
Therefore the Government of China, in order to secure such protection in the
nited States for its subjects, now agrees to fully protect any citizen, firm or corpora-
,ion of the United States in the exclusive use in the Empire of China of any lawful
aade-mark to the exclusive use of which they are entitled in the United States, or
Iwhich they have adopted and used, or intend to adopt and use as soon as registered,
for exclusive use within the Empire of China. To this end the Chinese Government
.grees to issue by its proper authorites proclamations having the force of law, for--
tidding all subjects of China from infringing on, imitating, colourably imitating, or
i knowingly passing off an imitation of trade-marks belonging to citizens of the United*
[(States, which shall have been registered by the proper authorities of the United States
Ijit such offices as the Chinese Government will establish for such purpose, on payment
ii>f a reasonable fee, after due investigation by the Chinese authorities, and in com-
jplianee with reasonable regulations. .
Art. X.—The United States Government allows subjects of China to patent their
Inventions in the United States and protects them in the use and ownership of such
latents. The Government of China now agrees that it will establish a Patent Office,
iter this office has been established and special laws with regard to inventions have
>een adopted it will thereupon, after the payment of the legal fees, issue certificates
f protection, valid for a fixed term of years, to citizens of the United States on ad
;heir patents issued by the United States, in respect of articles the sale of which is
iwful in China, which do not infringe on previous inventions of Chinese subjects,
n the same manner as patents are to be issued to subjects of China.
; Art. XI.—Whereas the Government of the United States engages to give the
lenefits of its copyright laws to the citizens of any foreign State which gives to the-
bitizens of the United States the benefits of copyrights on an equal basis with its own
itizens:—
Therefore the Government of China, in order to secure such benefits in the United
^States for its subjects., now agrees to give full protection, in the same way and-
Umanner and subject to the same conditions upon which it agrees to protect trade-
tparks, to all citizens of the United States who are authors, designers or proprietors-
, :.)f any book, map, print or engraving especially prepared for the use and education
: of the Chinese people, or translation into Chinese of any book, in the exclusive right
to print and sell such book, map, print, engraving or translation in the Empire of
China during ten years from the date of registration. With the exception of the
' books, maps, etc., specified above, which may not be reprinted in the same form, no
work shall be entitled to copyright privileges under this Article. It is understood that
:[Chinese subjects shall be at liberty to make, print and sell original translations into
Chinese of any works written or of maps compiled by a citizen of the United States.
This Article shall not be held to protect against due process of law any citizen of the
United States or Chinese subject who may be author, proprietor or seller of any
ipublication calculated to injure the well-being of China.
Art. XII.—The Chinese Government having in 1898 opened the navigable
! I Til and waters of the Empire to commerce by all steam vessels, native or foreign, that
nay be specially registered for the purpose, for the conveyance of passengers and
awful merchandise, citizens, firms and corporations of the United States may engage
in such commerce on equal terms with those granted to subjects of any foreign Power.
In case either party hereto considers it advantageous at any time that the rules-
md regulations then in existence for such commerce be altered or amended, the
iphinese Government agrees to consider amicably, and to adopt such modifications
{hereof as are found necessary for trade and for the benefit of China-
;i22 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA
The Chinese Government agrees that, upon the exchange of the ratifications of
this Treaty, Mukden and Antung, both in the province of Sheng-king, will be opened
by China itself as places of international residence and trade. The selection of
fitting localities to be set apart for international use and occupation, and the regula-
tions for these places set apart for foreign residence and trade shall be agreed upon
by the Governments of the United States and China after consultation together.
Art. XTII.—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 of China by the citizens of the United States as
well as Chinese subjects. It is understood, however, that all Customs duties shall
continue to be calculated and paid on the basis of the Haikuan Tael.
Art. XIV.—The principles of the Christian religion, as professed by the Pro-
testant and Boman Catholic Churches, are recognised as teaching men to do good
and to do to others as they would have others do to them. Those who quietly pro-
fess and teach these doctrines shall not be harassed or persecuted on account of their
faith. Any person, whether citizen of the United States or Chinese convert, who,
according to these tenets, peaceably teaches and practises the principles of Chris-
tianity shall in no case be interfered with or molested therefor. No restrictions shall
be placed on Chinese joining Christian Churches. Converts and non-converts, being'
Chinese subjects, shall alike conform to the laws of China; and shall pay due respect
-to those in authority, living together in peace and amity; and the fact of being con-
verts shall not protect them from the consequences of any offence they may have com-
mitted before or may commit after their admission into the Church, or exempt them
from paying legal taxes levied on Chinese subjects generally, except taxes levied and
contributions for the support of religious customs and practices contrary to their
religion. Missionaries shall not interfere with the exercise by the native authorities
of their jurisdiction over Chinese subjects; nor shall the native authorities make any
distinction between converts and non-converts, but shall administer the laws without |
partiality so that both classes can live together in peace.
Missionary societies of the United States shall be permitted to rent and to lease
in perpetuity, as the property of such societies, buildings or lands in all parts of the
Empire for missionary purposes and, after the title deeds have been found in order
and duly stamped by the local authorities, to erect such suitable buildings as may be
required for carrying on their good work.
Art. XV.—The Government of China having expressed a strong desire to reform |
its judicial system and to bring it into accord with that of Western nations, the
United States agrees to give every assistance to this reform, and will also be prepared to
relinquish extraterritorial rights when satisfied that the state of the Chinese laws, the
arrangements for their administration, and other considerations warrant it in so doing. (
Art. X VL—The Government of the United States consents to the prohibition I
by the Government of China of the importation into China of morphia and of instru-
ments for its injection, excepting morphia and instruments for its injection imported
for medical purposes, on payment of tariff duty, and under regulations to be framed
by China which shall effectually restrict the use of such import to the said purposes.
This prohibition shall be uniformly applied to such importation from all countries.
The Chinese Government engages to adopt at once measures to prevent the manu-\
facture in China of morphia and of instruments for its injection.
Art. XVII.—It is agreed between the high contracting parties hereto that all
the provisions of the several Treaties between the United States and China which
were in force on the first day of January, a.d. 1900, are continued in full force and
effect except in so far as they are modified by the present Treaty or other Treaties to
which the United States is a party.
The present Treaty shall remain in force for a period of ten years beginning with
the date of the exchange of ratifications and until a revision is effected as hereinafter
provided.
It is further agreed that either of the high contracting parties may demand
that the Tariff and the Articles of this Convention be revised at the end of ten years
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 123
[from the date of the exchange of the ratifications hereof. If no revision is demanded
before the end of the first term of ten years, then these articles in their present form
phall remain in full force for a further term of ten years reckoned from the end of
the first term and so on for successive periods of ten years.
i The English and Chinese texts of the present Treaty.and its three Annexes have
been carefully 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
scorrect one.
This Treaty and its three Annexes shall be ratified by the two high contracting
■parties in conformity with their respective constitutions, and the ratifications shall
fbe exchanged in Washington not later than twelve months from the present date.
In testimony whereof, we, the undersigned, by virtue of 9m’ respective powers^
lihave signed this Treaty in duplicate in the English and Chinese languages, and have
Jaffixed our respective seals.
Done at Shanghai, this eighth day of October in the year of our Lord one
|thousand nine hundred and three, and in thp twenty.ninth year of Kuang Hsii eighth
onth and eighteenth day.
Annex I.
As citizens of the United States are already forbidden by Treaty to deal in or
handle opium, no mention has been made in this Treaty of opium taxation.
* As the trade in salt is a G-overnment monopoly in China, no mention has been
: ;jnade in this Treaty of salt taxation.
| It is, however, understood, after full discussion and consideration, that the col-
llection of inland duties on opium and salt and the means for the protection of the
■revenue therefrom and for preventing illicit traffic therein are left to be administered*
|by the Chinese Government in such manner as shall in no wise interfere with the
ilprovision of Article IV. of this Treaty regarding the unobstructed transit of other
goods.
Annex II.
Article IV. of the Treaty of Commerce between the United States and China of this
;date provides for the retention of the native Customs offices at the open ports. For the
purpose of safeguarding the revenue of China at such places, it is understood that the
Chinese Government shall be entitled to establish and maintain such branch native
Customs offices at each open port within a reasonable distance of the main native
I Customs offices at the port, as shall be deemed by the authorities of the Imperial
I Maritime Customs at that port necessary to collect the revenue from the trade into
and out of such port. Such branches, as well as the principal native Customs offices
■)! at each open port, shall be administered by the Imperial Maritime Customsjas pro-
- vided by the Protocol of 1901.
Annex III.
; The schedule of tariff duties on imported goods annexed to this Treaty under
s Article V. is hereby mutually declared to be the schedule agreed upon between the
representatives of China and of the United States and signed by John Goodnow for
■ the United States and Their Excellencies Lii Hai-huan and Sheng Hsuan-huai fur
1 ■China at Shanghai on the sixth day of September, a.d. 1902, according to the Proto~
col of the seventh day of September, a.d. 1901.
PORTUGAL
^PROTOCOL, TREATY, CONVENTION AND AGREEMENT
BETWEEN PORTUGAL AND CHINA
Art. I.—A Treaty of Friendship and Commerce with the most favoured nation
, clause will be concluded and signed at Peking.
Art. II.—China confirms perpetual occupation and government of Macao and
its dependencies by Portugal, as any other Portuguese possession.
Art. III.—Portugal engages never to alienate Macao and its dependencies without
agreement with China.
Art. IY.—Portugal engages to co-operate in opium revenue work at Macao in the
. same way as England in Hongkong.
Done at Lisbon, the 26th March, 1887.
Henriqtte de Barros Gomes.
James Duncan Campbell.
The Treaty
Ratifications Exchanged at Peking 28th April, 1888
His Most Faithful Majesty the King of Portugal and the Algarves, and His
Imperial Majesty the Emperor of China, desiring to draw closer and to consolidate the
ties of friendship which have subsisted for more than three hundred years between
Portugal and China, and having agreed in Lisbon on the 26th day of March, 1887, flnd
day of 3rd moon of the 13th year of the reign of the Emperor Kwang Hsu, through
their representatives, on a Protocol of four Articles, have now resolved to conclude a
Treaty of Amity and Commerce to regulate the relations between the two States;
for this end they have appointed as their Plenipotentiaries, that is to say:—
His Most Faithful Majesty the King of Portugal, Thomas de Souza Roza, his
; Envoy Extraordinary and Minister Plenipotentiary to the Court of Peking, Knight of
the Order of Nossa Senhora de Conceicao de Villa Vicosa, Grand Cross of the Order of
the Rising Sun of Japan and of the Crown of Siam, Commander of the Order of Charles
II. and of Isabella the Catholic of Spain, and Knight of the Iron Crown of Austria ;
His Imperial Majesty the Emperor of China, His Highness Prince Ching, Pre-
- sident of the Tsung-li Yamen, and Sun, Minister of the Tsung-li Yamen and Senior
Vice-President of the Board of Public Works;
Who, after having communicated to each other their respective full powers and
found them to be in good and due form, have agreed upon the following Articles :—
Art. I.—There shall continue to exist constant peace and amity between His Most
Faithful Majesty the King of Portugal and His Imperial Majesty the Emperor of China,
. whose respective subjects shall equally enjoy in the dominions of the high contracting
parties the most complete and decided protection for their persons and property.
Art. II.—China confirms in its entirety the second Article of the Protocol of
Lisbon, relating to the perpetual occupation and government of Macao by Portugal,
It is stipulated that Commissioners appointed by both Governments shall proceed
to the delimitation of the boundaries, which shall be determined by a special Con-
. vention ; but so long as the delimitation of the boundaries is not concluded, every-;
thing in respect to them shall continue as at present, without addition, diminution, or
, alteration by either of'the parties.
TREATY BETWEEN PORTUGAL AND CHINA 125
Art. III.—Portugal confirms the third Article of the Protocol of Lisbon, relating
•to the engagement never to alienate Macao without previous agreement with China.
Art. IV.—Portugal agrees to co-operate with China in the collection of duties on
opium exported from Macao into China ports, in the same way and as long as England
- co-operates with China in the collection of duties on opium exported from Hongkong.
The basis of this co-operation will be established by a Convention appended to
this Treaty, which shall be as valid and binding to both the high contracting parties
:as the present Treaty.
Art. V.—His Most Faithful Majesty the King of Portugal may appoint an
Ambassador, Minister, or other diplomatic agent to the Court of His Im-
jperial Majesty the Emperor of China, and this agendas well as the persons of his
i‘ suite and their families, will be permitted, at the option of the Portuguese Govern-
ment, to reside permanently in Peking, to visit that Court, or to reside at any other
i place where such residence is equally accorded to the diplomatic representative of other
i nations. The Chinese Government may also, if it thinks fit, appoint an Ambassador,
! • Minister, or other diplomatic agent to reside at Lisbon, or to visit that Court when
fe CMs Government shall order.
Art. VI.—The diplomatic agents of Portugal and China shall reciprocally enjoy
in the place of their residence all the prerogatives and immunities accorded by the
| laws of nations; their persons, families, and houses, as well as their correspondence
j shall be inviolate.
Art. VII.—The official correspondence addressed by the Portuguese authorities to
) the Chinese authorities shall be written in the Portuguese language accompanied by
.a translation in Chinese, and each nation shall regard as authoritative the document
'written in its own language.
Art. VIII.—The form of correspondence between the Portuguese and the Chi-
nese authorities will be regulated by their respective rank and position, based upon
complete reciprocity. Between the high Portuguese and Chinese functionaries at the
capital or elsewhere, such correspondence will take the form of dispatch (Chau-hoei);
between the subordinate functionaries of Portugal and the chief authorities of the
provinces, the former shall make use of the form of exposition (Xen-chen) and the
latter that of declaration (Cha-hsing) ; and the subordinate officers of both nations
•shall correspond together on terms of perfect equality. Merchants and generally all
others who are not invested with an official character shall adopt, in addressing the
authorities, the form of representation or petition (Pin-ching').
Art. IX.—His Most Faithful Majesty the King of Portugal may appoint
jponsuls-General, Consuls, Vice-Consuls, or Consular Agents in the ports or
other places where it is allowed to other nations to have them. These functionaries
will have powers and attributes similar to those of the Consuls of other nations,
and will enjoy all the exemptions, privileges, and immunities which at any time the
jv, consular functionaries of the most favoured nation may enjoy.
The Consuls and the local authorities will show to each other reciprocal civilities
and correspond with each other on terms of perfect equality.
The Consuls and acting Consuls will rank with Taotais, Vice-Consuls, acting
Vice-Consuls, Consular Agents and interpreters-translators, with Prefects. The
Consuls must be officials of the Portuguese Government, and not merchants. The
Chinese Government will make no objection in case the Portuguese Government
should deem it unnecessary to appoint an official Consul at any port and choose to
entrust a Consul of some other nation, for the time being, with the duties of Portu-
guese Consul at that port.
Art. X.—All the immunities and privileges, as well as all the advantages con-
cerning commerce and navigation, such as any reduction in the duties of navigation,
importation, exportation, transit or any other, which may have been or may be here-
after granted by China to any other State or to its subjects, will be immediately extended
to Portugal and its subjects. If any concession is granted by the Chinese Govern-
ment to any foreign Government under special conditions, Portugal, on claiming the
TREATY BETWEEN PORTUGAL AND CHINA.
same concession for herself and for her own subjects, will equally assent to the condi-
tions attached to it.
Art XL—Portuguese subjects are allowed to reside at, or frequent, the ports of
China opened to foreign commerce and there carry on trade or employ themselves
freely. Their boats may navigate without hindrance betvyeen the ports open to foreign
commerce, and they may import and export their merchandise, enjoying all the rights
and privileges enjoyed by the subjects of the most favoured nation.
Art. XII.—Portuguese subjects shall pay import and export duties on all mer-
chandise according to the rates specified in the tariff of 1858, adopted for all the other
nations ; and in no instance shall higher duties be exacted from them than those paid
by the subjects of any other foreign nation.
Aid. XIII.—Portuguese subjects are permitted to hire any description of boats
they may require for the conveyance of cargo or passengers, and the price of said hire-
will be fixed by the contracting parties alone, without interference by the Chinese
Government. No limit shall be put to the number of boats, neither will it be per-
mitted to any one to establish a monopoly of such boats or of the service of coolies
mployed in the carriage of merchandise.
Should contraband articles be on board any such boats, the guilty parties shall
immediately be punished according to law.
Art. XIV.—Portuguese subjects residing in the open ports may take into their
service Chinese subjects, and employ them in any lawful capacity in China, without
restraint or hindrance from the Chinese Government; but shall not engage them for
foreign countries in contravention of the laws of China.
Art. XV.—The Chinese authorities are bound to grant the fullest protection to
the persons and to the property of Portuguese subjects in China, whenever they may
be exposed to insult or wrong. In case of robbery or incendiarism, the local autho-
rities will immediately take the necessary measures to recover the stolen property, to
terminate the disorder, to seize the guilty, and punish them according to the law.
Similar protection will be given by Portuguese authorities to Chinese subjects in the
possessions of Portugal.
Art. XVI.—Whenever a Portuguese subject intends to build or open houses,
shops or warehouses, churches, hospitals, or cemeteries, at the Treaty ports or at
other places, the purchase, rent, or lease of these properties shall be made out accord-
ing to the current terms of the place, with equity, without exaction on either side,
without offending against the usages of the people, and after due notice given by the
proprietors to the local authority. It is understood, however, that the shops or ware-
houses above mentioned shall only be allowed at the ports open to trade, and not in
any place in the interior.
Art. XVII.—Portuguese subjects conveying merchandise between open ports
shall be required to take certificates from the Superintendent of Customs such as
are specified in the regulations in force with reference to other nationalities.
But Portuguese subjects, who, without carrying merchandise, would like to go
to the interior of China, must have passports issued by.their Consuls and counter-
signed by the local authorities. The bearer of the passport must produc'e the same
when demanded, and the passport not being irregular, he will be allowed to proceed
and no opposition shall be offered, especially to his hiring persons or vessels for the
carriage of his baggage or merchandise.
If he be without a passport, or if he commits any offence against the law, he
shall be handed over to the nearest Consul of Portugal to be punished, but he must
not be subjected to an oppressive measure. No passport need be applied for by
persons going on excursions from the ports open to trade to a distance not exceeding
100 li and for a period not exceeding five days.
The provisions of this Article do not apply to crews of ships, for the due restraint
of whom regulations will be drawn up by the Consul and the local authorities.
Art. XVIII.—In the event of a Portuguese merchant vessel being plundered
by pirates or thieves within Chinese waters, the Chinese authorities are to employ
TREATY BETWEEN PORTUGAL AND CHINA 127
•their utmost exertions to seize and punish the said robbers and to recover the stolen
goods, which, 'through the Consul, shall be restored to whom they belong.
Art. XIX.—If a Portuguese vessel be shipwrecked on the coast of China, or be
compelled to take refuge in any of the ports of the Empire, the Chinese authorities,
op receiving notice of the fact, shall provide the necessary protection, affording
prompt assistance and kind treatment to the crews and, if necessary, furnishing them
with the means to reach the nearest Consulate.
Art. XX.—Portuguese merchant vessels of more than one hundred and fifty
tons burden will pay tonnage dues at the rate of four mace per ton ; if of one hundred
and fifty tons and under they shall be charged at the rate of one mace per ton. The
Superintendent of Customs shall grant a certificate declaring that the tonnage dues
have been paid.
Art, XXL—Import duties shall be paid on the landing of goods; and export
duties upon the shipment of the same.
Art. XXII.—The captain of a Portuguese ship may, when he deems convenient,
land only a part of his cargo at one of the open ports, paying the duties due on the
portion landed, the duties on the remainder not being payable until they are landed
at some other port.
Art. XXIII.—The master of a Portuguese ship has the option, within forty-
eight hours of his arrival at any of the open ports of China, but not later, to decide
whether he will leave port without opening the hatches, and in such case he- will not
have to pay tonnage dues. He is bound, however, to give notice of his arrival or
the legal registering as soon as he comes into port, under penalty of being fined in
case of non-compliance within the term of two days.
The ship will be subject to tonnage dues forty-eight hours after her arrival ia
port, but neither then nor at her departure shall any other impost whatsoever be
exacted.
Art. XXIV.—All small vessels employed by Portuguese subjects in carrying
passengers, baggage, letters, provisions or any other cargo which is free of duty,
"between the open ports of China, shall be free from tonnage dues ; but all such vessels
, carrying merchandise subject to duty shall pay tonnage dues every four months at
the rate of one mace per ton.
Art. XXV.—Portuguese merchant vessels approaching any of the open ports
will be at liberty to take a pilot to reach the harbour; and likewise to take a pilot to
leave it, in case the said ship shall have paid all the duties due by her.
Art. XXVI.—Whenever a Portuguese merchant ship shall arrive at any of the
open ports of China, the Superintendent of Customs will send off one or more
Custom-house officers, who may stay on board of their boat or on board of the ship
as best suits their convenience. These officers will get their food and all necessaries
from the Custom-house, and will not be allowed to accept any fee from the captain
of the ship or from the consignee, being liable to a penalty proportionate to the
amount received by them.
Art. XXVII.—Twenty-four hours after the arrival of a Portuguese merchant
ship at any of the open ports, the papers of the ship, manifest, and other documents,
ehall be handed over to the Consul, whose duty it will be also to report to the
Superintendent of Customs within twenty-four hours, the name, the registered
tonnage, and the cargo brought by the said vessel.' If, through negligence or for
any other motive, this stipulation be not complied with within forty-eight hours
after the arrival of the ship, the captain shall be subject to a fine of fifty Taels for
each day’s delay over and above that period, but the total amount of the fine shall
not exceed two hundred Taels.
The captain of the ship is responsible for the correctness of the manifest, in
which the cargo shall be minutely and truthfully described, subject to a fine of five
» hundred Taels as penalty in case the manifest should be found incorrect. This fine,
however, will not be incurred if, within twenty-four hours after the delivery of the
manifest to the Custom-house officers, the captain expressed the wish to rectify any
error which may have been discovered i n the said manifest.
128 TREATY BETWEEN PORTUGAL AND CHINA
Arc. XXVIII.—The Superintendent of Customs will permit the discharging oft
the ship as soon as he shall have received from the Consul the report drawn up in due
form. If the captain of the ship should take upon himself to commence discharging:
without permission, he shall be fined five hundred Taels and the goods so discharged
shall be confiscated.
Art. XXIX.—Portuguese merchants having goods to ship or to land will have
to obtain a special permission from the Superintendent of Customs to that effect,,
without which all goods shipped or landed shall be liable to confiscation.
Art. XXX.—No transhipment of goods is allowed from ship to ship without!
special permission, under penalty of confiscation of all the goods so transhipped.
Art. XXXI.—When a ship shall have paid all her duties, the Superintendent
of Customs will grant her a certificate and the Consul will return the papers, in order'
that she may proceed on her voyage.
Art. XXXII.—When any doubt may arise as to the value of goods which by the
Tariff are liable to an ad valorem duty, and the Portuguese merchants disagree with
the Custom-house officers as regards the value of said goods, both parties will call,
two or three merchants to examine them, and the highest offer made by any of the
said merchants to buy the goods will be considered as their just value.
Art. XXXIII.—Duties will be paid on the net weight of every kind of merchandise.-
Should there be any difference of opinion between the Portuguese merchant and the
Custom-house officer as to the mode by which the tare is to be fixed, each party will
choose a certain number of boxes or bales from among every hundred packages of
the goods in question, taking the gross weight of said packages, then the tare of each*
of the packages separately, and the average tare resulting therefrom will be adopted
for the whole parcel.
In case of any doubt or dispute not mentioned herein, the Portuguese merchant
may appeal to the Consul, who will refer the case to the Superintendent of Customs
this officer will act in such a manner as to settle the question amicably. The appeal,,
however, will only be entertained if made within the term of twenty-four hours ; and
in such a case no entry is to be made in the Custom-house books in relation to the
said goods until the question shall have been settled.
Art. XXXIV.—Damaged goods will pay a reduced duty proportionate to their
deterioration ; any doubt on this point will be solved in the way indicated in the
clause of this Treaty with respect to duties payable on merchandise ad valorem.
Art. XXXV.—Any Portuguese merchant who, having imported foreign goods
into one of the open ports of China and paid the proper duties thereon, may wish to
re-export them to another of the said ports, will have to send to tire Superintendent
of Customs an account of them, who, to avoid fraud, will direct his officers to examine
whether or not the duties have been paid, whether the same have been entered on the
books of the Customs, whether they retain their original marks, and whether the
entries agree with the account sent in. Should everything be found correct, the same
will be stated in the export permit together with the total amount of duties paid, and
all these particulars will be communicated to the Custom-house officers at other ports.
Upon arrival of the ship at the port to which the goods are carried, permission
will be granted to land without any new payment of duties whatsoever if, upon
examination, they are found to be the identical goods; but if during the examination
any fraud be detected, the goods may be confiscated by the C hinese Grovemment.
Should any Portuguese merchant wish to re-export to a foreign country any
goods imported, and upon which duties have been already paid, he will have to make
his application in the same form as required for the re-exportation of goods to
another port in China, in which case a certificate of drawback or of restitution of
duties will be granted, which will be accepted by any of the Chinese Custom-houses in
payment of import or export duties.
Foreign cereals imported by Portuguese ships into the ports of China may be
re-exported without hindrance if no portion of them has been discharged.
Art. XXXVI.—The Chinese authorities will adopt at the ports the measures which
they may deem the most convenient to avoid fraud or smuggling.
TREATY BETWEEN PORTUGAL AND CHINA
Art. XXXVII.—The proceeds of fines and confiscations inflicted on Portuguese
subjects, in conformity to this Treaty, shall belong exclusively to the Chinese
Government.
Art. XXXVIII.—Portuguese subjects carrying goods to a market in the interior
of the country, on which the lawful import duties have already been paid at any of
the open ports, or those who buy native^produce in the interior to bring to the ports
on the Yang-tsze-kiang, or to send to foreign ports, shall follow the regulations
adopted towards the other nations.
Custom-house officers who do not comply with the regulations, or who may exact
more duties than are due, shall be punished according to the Chinese law.
Art. XXXIX.—The Consuls and local authorities shall consult together, when neces*
sary, as to the construction of Light-houses and the placing of Buoys and Light-ships
Art, XL.—Duties shall be paid to the bankers authorized by the Chinese Govern-
ment to receive them in sycee or in foreign coin, according to the official assay made
at Canton on the 15th July, 1843.
Art. XLI.—In order to secure the regularity of weights an 1 measures and to
avoid confusion, the Superintendent of Customs will hand over to the Portuguese
. Consul at each of the open ports standards similar to those given by the Treasury
I Department for collection of public dues to the Customs at Canton.
Art. XLII.—Portuguese merchant ships may resort only to those ports of China
\ which are declared open to commerce. It is forbidden to them, except in the case of
| force mijeure provided for in Article XIX., to enter into other ports, or to carry
I on a clandestine trade on the coast of China, and the transgressor of this order shall
; be subject to confiscation of his ship and cargo by the Chinese Government.
Art. XLIII.—All Portuguese vessels despatched from one of the open ports of
China to another, or to Macao, are entitled to a certificate of the Custom-house, which
! will exempt them from paying new tonnage dues, during the period of four months
reckoned from the date of clearance.
Art. XLIV.—If any Portuguese merchant ship is found smuggling, the goods
i smuggled, no matter of what nature or value, will be subject to confiscation by the
; Chinese authorities, who may send the ship away from the port, after settlement of
!, all her accounts, and prohibit her to continue to trade.
Art. XLV.—As regards the delivery of Portuguese and Chinese criminals, with
the exception of the Chinese criminals who take refuge in Macao, and for whose
i extradition the Governor of Macao will continue to follow the existing practice, after
||j the receipt of a due requisition from the Viceroy of the Kwangs, it is agreed that,
i in the Chinese ports open to foreign trade, the Chinese criminals who take refuge at
I1 the houses or on board ships of Portuguese subjects shall be arrested and delivered
to the Chinese authorities on their applying to the Portuguese Consul; and likewise
the Portuguese criminals who take refuge in China shall be arrested and delivered
to the Portuguese authorities on their applying to the Chinese authorities; and by
neither of the parties shall the criminals be harboured nor shall there be delay in
delivering them.
Art. XLVI.—It is agreed that either of the high contracting parties to this
Treaty may demand a revision of the Tariff, and of the commercial Articles of this
' Treaty, at the end of ten years; but if no demand be made on either side within six
months after the end of the first ten years, then the Tariff shall remain in force for
ten years more, reckoned from the end of the preceding ten years ; and so it shall be,
at the end of each successive ten years.
Art. XLVII.—All disputes arising between Portuguese subjects in China with
regard to rights, either of property or person, shall be submitted to the jurisdiction
of the Portuguese authorities.
Art. XLVIII. —Whenever Chinese subjects become guilty of any criminal act
| towards Portuguese subjects, the Portuguese authorities must report such acts to the
Chinese authorities in order that the guilty be tried according to the laws of China.
5
130 TREATY BETWEEN PORTUGAL AND CHINA
If Portuguese subjects become guilty of any criminal act towards Chinese subjects,
the Chinese authorities must report such acts to the Portuguese Consul in order that
the guilty may be tried according to the laws of Portugal.
Art. XLIX.—If any Chinese subject shall have become indebted to a Portuguese
subject and withholds payment, or fraudulently absconds from his creditors, the
Chinese authorities shall use all their efforts to apprehend him and to compel him to
pay, the debt being previously proved and the possibility of its payment ascertained.
The Portuguese authorities will likewise use their efforts to enforce the payment of
any debt due by any Portuguese subject to a Chinese subject.
But in no case will the Portuguese Government or the Chinese Government be
considered responsible for the debts of their subjects.
Art. L.—Whenever any Portuguese subject shall have to petition the Chinese
authority of a district, he is to submit his statement beforehand to the Consul, who
will cause the same to be forwarded should he see no impropriety in so- doing,
otherwise he will have it written out in other terms, or decline to forward it.
Likewise, when a Chinese subject shall have occasion to petition the Portuguese
Consul he will only be allowed to do so through the Chinese authority, who shall
proceed in the same manner.
Art. LI.—Portuguese subjects who may have any complaint or claim against
any Chinese subject, shall lay the same before the Consul, who will take due
cognizance of the case and will use all his efforts to settle it amicably. Likewise,
when a Chinese subject shall have occasion to complain of a Portuguese subject, the
Consul will listen to his complaint and will do what he possibly can to re-establish
harmony between the two parties.
If, however, the dispute be of such a nature that it cannot be settled in that
conciliatory way, the Portuguese Consul and Chinese authorities will hold a joint
investigation of the case, and decide it with equity, applying each the laws of his own
country according to the nationality of the defendant.
Art. LII.—The Catholic religion has for its essential object the leading of men
to virtue. Persons teaching it and professing it shall alike be entitled to efficacious
protection from the Chinese authorities; nor shall such persons pursuing peaceably
their calling amj. not offending against the laws be prosecuted or interfered with.
Art. LIII.—In order to prevent for the future any discussion, and considering
that the English language, among all foreign languages, is the most generally
known in China, this Treaty, with the Convention appended to it, is written in Por-
tuguese, Chinese, and English, and signed in six copies, two in each language. All
these versions have the same sense and meaning, but if there should happen to be any
divergence in the interpretation of the Portuguese and Chinese versions, the English
text will be made use of to resolve the doubts that may have arisen.
Art. LIV.—The present Treaty, with the Convention appended to it, shall b*
ratified by His Most Faithful Majesty the King of Portugal and the Algarves and
His Imperial Majesty the Emperor of China. The exchange of the ratifications shall
be made, within the shortest possible time, at Tientsin, after which the Treaty,
with the Convention appended, shall be printed and published in order that the
functionaries and subjects of the two countries may have full knowledge of their
stipulations and may fulfil them.
In faith whereof, the respective Plenipotentiaries have signed the present Treaty
and have affixed their seals thereto.
Done in Peking, this first day of the month of December in the year of Our Lord
Jesus Christ one thousand eight hundred and eighty-seven, corresponding to the
Chinese date of the seventeenth day of the tenth moon of the thirteenth year of
Kwang-Hsu.
[l.s.] (Signed) Thomas he Souza Roza.
[Chinese Seal] Prince Ch’ing.
Signatures of the Chinese Plenipotentiaries. SUN-IJ-TJEN.
CONVENTION BETWEEN PORTUGAL AND CHINA 131
Convention
It having been stipulated in the Art. IV. of the Treaty of Amity and Commerce,
concluded between Portugal and China on the 1st day .of the month of December,
1887, that a Convention shall be arranged between the two high contracting parties
in order to establish a basis of co-operation in collecting the revenue on opium ex-
ported from Macao to Chinese ports, the undersigned Thomas de Souza Roza, Envoy
Extraordinary and Minister Plenipotentiary of His Most Faithful Majesty the King
of Portugal and the Algarves, in special mission to the Court of Peking, and His
Highness Prince Ching, President of the Tsung-li Yamen, and Sun, Minister of
the Tsung-li Yamen and Senior Vice-President of the Board of Public Works, Min-
isters Plenipotentiary of His Imperial Majesty the Emperor of China, have agrt ed
on the following Convention in three Articles:—
Art. I.—Portugal will enact a law subjecting the opium trade of Macao to tire
following provisions :—
1. —No opium shall be imported into Macao in quantities less th
2. —All opium imported into S^pcao must, forthwith on arrival,
the competent department under a public functionary appointed by the Portuguese
Government, to superintend the importation and exportation of opium in Macao.
3. —No opium imported into Macao shall be transhipped, landed,
from onesroreto another, or exported, without a permit issued by the Superintendent.
4. —The importers and exporters of opium in Macao must keep a
ing to the form furnished by the Government, showing with exactness and clearness
the quantity of opium they have imported, the number of chests they have sold, to
whom and ito what place they were disposed of, and the quantity in stock.
5. —Only the Macao opium farmer, and persons licensed to sel
will be permitted to keep in their custody raw opium in quantities inferior to one chest.
6. —Regulations framed to enforce in Macao the execution o
equivalent to those adopted in Hongkong for similar purposes.
Art. II.—Permits for the exportation of opium from Macao into Chinese ports,
after being issued, shall be communicated by the Superintendent of Opium to the
Commissioner of Customs at Kung-pac-uan.
Art. III.—By mutual consent of both the high contracting parties the stipula-
ons of this Convention may be altered at any time.
In faith whereof the respective Plenipotentiaries have signed and sealed this
Convention.
Done in Peking this first day of December in the year of Our Lord Jesus Christ
one thousand eight hundred and eighty-seven, corresponding to the Chinese date, of
the seventeenth day of the tenth moon of the thirteenth year of Kwang Hsu.
[l.s.] (Signed) Thomas de Souza Roza.
[Chinese Seal] Prince Ch’ing.
Signature of the Chinese Plenipotentiaries. SUN-IU-UEN.
Agreement
The basis of the co-operation to be given to China by Portugal in the collection
of duties on opium conveyed from Macao to Chinese ports, having been fixed by a
Convention appended to the Treaty of Amity and Commerce, cobcluded between
China and Portugal on the 1st December, 1887, and it being now convenient to come
to an understanding upon some points relating to the said co-operation as well as to
fixed rules for the treatment of Chinese junks trading with Macao, Bernardo Pinheiro
Correa de Mello, Secretary of the Special Mission of His Most Faithful Majesty in
5*
132 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
Peking, duly authorized by His Excellency Thomas tie Souza Roza, Chief of the said
Mission, and Sir Robert Hart, k.c.m.g., Inspector-General of the Chinese Imperial
Maritime Customs, provided with the necessary instructions from the Chinese
Government, have agreed on the following:
1. —An office under a Commissioner appointed by the F
the Chinese Imperial Maritime Customs shall be established at a convenient spot on
Chinese territory, for the sale of opium duty certificates, to be freely sold to merchants
and for such quantities of opium as they may require. The said Commissioner will
also administer the Customs stations near Macao.
2. —Opium accompanied by such certificates, at the rat
Taels per picul, shall be free from all other imposts of every sort, and have all the
benefits stipulated for by the Additional Article of the Chefoo Convention between
China and Great Britain on behalf of opium on which duty has been paid at one of
the ports of China, and may be made up in sealed parcels at the option of the purchaser.
3. —The Commissioner of Customs responsible for th
Customs stations shall investigate and settle any complaint made by Chinese mer-
chants of Macao against the Customs stations or revenue cruisers ; and the Governor
of Macao, if he deems it advisable, shall be enjjtled to send an officer of Macao to
be present and assist in the investigation and decision. If, however, they do not
agree, a reference may be made to the Authorities at Peking for a joint decision.
4. —Junks trading between Chinese ports and Macao, and
be subject to any dues or duties in excess of those leviable on junks and their cargoes
trading between Chinese ports and Hongkong, and no dues whatsoever shall be de-
manded from junks proceeding to Macao from ports of China, or coming from Macao
to ports in China, over and above the dues paid, or payable, at the ports of clearance
or destination. Chinese produce which has paid Customs duties and lekin tax before
entering Macao may be re-exported from Macao to Chinese ports without paying
Customs duties and lekin tax again, and will be only subject to the payment of the
tax named Siao-hao.
In witness whereof, this agreement has been written in Portuguese and English
and signed in duplicate at Peking this the first day of December, 1887.
(Signed) Bernardo Pinheiro Correa de Mello,
Secretary of the Special Mission of His Most Faithful Majesty »
(Signed) Sir Robert Hart,
Inspector-General of Chinese Imperial Maritime Customs.
COMMERCIAL TREATY BETWEEN CHINA
AND PORTUGAL
Signed at Shanghai, November, 1904
Art. I.—The Treaty of Amity and Commerce between China an I Portugal
dated the first day of December, 1887 (17th day, 10th moon, 13th year of Kwang Hsu),
continues in force except in so far as modified by the present Treaty.
Art. II.—Portugal accepts the increase in the import duties stipulated for in.
Article YI. of the Peking Protocol of 7th September, 1901, from the date of the ratifica-
tion of this Treaty. Portugal will enjoy the privileges of the most favoured nation,
and in no case shall Portuguese subjects pay higher or lower duties than those paid by
the subjects of any other foreign nation. Article XII. of the Treaty of First Decem-
ber, 1887, is therefore rendered null and void.
COMMEECIAL TREATY BETWEEN CHINA AND PORTUGAL 133
Art. III.—The duty and lelcin on foreign opium will continue as provided for
in existing Treaties. The G-overnment of His Most Faithful Majesty agrees to con-
tinue as heretofore to co-operate with the Government of His Imperial Chinese
Majesty in the collection of the duty and lekin on opium exported from Macao to
China, and also to co-operate in the repression of smuggling in accordance with the
Treaty and Special Opium Convention of 1st December, 1887. In order to render this
co-operation effective, it is clearly stipulated that all opium imported into Macao
shall, on arrival, be registered at the Special Government Bureau provided for this
purpose, and the Portuguese Government will take the necessary steps in order to
have all this opium stored under its exclusive control in a depot from which it will be
removed as required by the demands of trade. The quantity of opium required for
consumption in Macao and its dependencies will be fixed annually by the Government
of Macao in agreement with the Commissioner of the Imperial Maritime Customs
referred to in Article II. of the above-mentioned Convention, and under no pretext
will removal from the Portuguese Government depot be permitted of any quantity of
opium for local consumption in excess of that fixed by the said agreement, and neces-
sary measures will be taken to prevent opium removed from the depot for re-export
'to any port other than a port in China being sent fraudulently to Chinese territory.
The removal from the depot of opium for export will not be permitted except
on production of proof that such opium has already paid all dues and duties leviable
-thereon by China. The rules for the carrying out of this Article shall be arranged by
delegates from the Government of Macao and the Chinese Imperial Maritime Customs.
Art. IV.—Such steps as are necessary for the repression of smuggling in the
territory and waters of Macao shall be taken by the local Portuguese Government in
concert with the Commissioner of the Imperial Maritime Customs, and similar
steps in the Chinese territory and waters near Macao shall be taken by the Imperial
Maritime Customs in concert with the Portuguese Government of Macao. This co-
operation is intended to render such steps effective on all points in respect of which co-
operation is needed, and to avoid at the same time any injury to the sovereign rights
of either of the high contracting parties. Special delegates from the local Government
of Macao and the Imperial Maritime Customs shall proceed to fix the respective zones
of operations, and shall devise practical means for the repression of smuggling.
Art. V.—With a view to the development of trade between Macao and neigh-
bouring ports in the Kwangtung Province, the high contracting parties have agreed
as follows:—
1. —Portuguese steamers desirous of proceeding for
Macao to any of the ports of call and passenger stages on the West River,
enumerated in the Special Article of the English-Burmah Convention of 1897, and
Article X. of the British Treaty of Commerce of 1902, shall be permitted to do so,
provided they comply with the Special Regulations to be framed for this purpose by
the two high contracting parties.
2. —Steamers specially registered for trade under
Navigation Rules shall be permitted to ply between Macao and places in the Depart-
ment of Kwang-chow-fu other than those mentioned in Section 1, provided they
report to the Kungpei-kuan Customs for examination of cargo and payment of duties
in accordance with Special Regulations to be framed for this purpose by the two high
contracting parties. Such vessels may engage in all lawful trade, including the tow-
age of junks and conveyance of passengers and cargo, subject to the regulations for
the time being in force.
The privileges hereby granted are granted on the express understanding that
Special Regulations shall be framed defining in detail the conditions under which
such traffic may be carried on. Until then, the said Regulations have been agreed
upon and published, the Article shall not become operative; and subsequently only
on compliance with the said Regulations.
Art. VI.—Portugal having the right of most favoured nation treatment, it is
- clearly stipulated that any advantages China may think fit to grant to any nation i»
134 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
the importation of agricultural products, specially wines and oil, or in the importa-
tion of industrial products, specially woollen and cotton goods and preserved food-
stuffs, shall be extended to similar Portuguese goods on exactly the same conditions.
It is also clearly understood that Portuguese wine of all kinds proved by means'
of certificate of origin, issued by Portuguese Consuls, to have been imported from
Portugal, direct or otherwise, shall when their alcoholic strength exceeds 14° pay
the duty leviable according to the annexed tariff on wines exceeding 14° of alcholic
strength. Wine passed through the Chinese Customs under designation “ Port
Wine ” shall not be entitled to the benefit of this Article unless accompanied by a
certificate of origin as above.
Art. VII.—Portuguese subjects may frequent, reside at, and carry on trade,
industries and manufactures, and pursue any other lawful avocation in all the ports
and localities in China which have alreaby been or may hereafter be opened to
foreign residence and trade ; and wherever in any such ports or localities a special
area has been or may hereafter be set apart for the use and occupation of foreigners,
Portuguese subjects may therein lease land, erect buildings, and in all respects enjoy the
same privileges and immunities as are g-ranted to subjects of the most favoured nations.
Art. VIII.—Whereas China, with the object of reforming its fiscal system,
proposes to levy a surtax in addition to the tariff duties on all goods passing through
the Custom-houses, whether maritime or inland and frontier, in order to make good
the loss incurred by the complete abolition of lekin, the Portuguese Government agrees
that foreign goods imported into China by Portuguese subjects shall on entry pay
an import surtax equivalent to one and a half times the duty fixed by the Import
Tariff as now revised, and that Chinese produce exported abroad by Portuguese sub-
jects shall pay export duties, inclusive of the tariff-export duty, not exceeding seven
and a half per cent, ad valorem, provided always that such import surtax and export
duties have been accepted by all the Powers having Treaties with China. With
regard to the produce tax, consumption tax, and excise, as well as the duties on native
opium and salt, leviable by China, Portugal further agrees to accept the same
arrangements as shall be agreed upon between all the Treaty Powers and China. It
is, however, understood that the commerce, rights, and privileges of Portugal shall
not, in consequence of this undertaking, be placed in any way at a disadvantage as
compared with the commerce, rights, and privileges of any other Power.
Art. IX.—Drawback certificates for the return of duties shall be issued by the
Imperial Maritime Customs to Portuguese subjects within twenty-one days from the
date of presentation to the Customs of the papers entitling the applicant to receive
such drawback certificates. These certificates will be accepted at their face value by
the Customs authorities at the port of issue in payment of duties of all kinds, ton-
nage dues excepted; or shall, in the case of drawbacks for duty paid on foreign
goods re-exported abroad within three years from the date of importation, be
redeemable in full in ready money by the Imperial Maritime Customs at the port of
issue, at the option of the holders thereof. But if, in connection with any applica-
tion for a drawback certificate, the Customs authorities discover an attempt on the
part of a Portuguese subject to defraud the revenue, he 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. In case the goods have been removed
from Chinese territory, then the Consul shall inflict on the guilty party a suitable
fine to be paid to the Chinese Government.
Art. X.—China agrees to herself establish a system of uniform national coinage
and provide for a uniform national currency, which shall be freely used as legal
tender in payment of all. duties, taxes, and other obligations by Portuguese subjects
as well as by Chinese subjects iii the Chinese Empire. It is understood, however,
that all Customs duties shall continue to be calculated and paid on the basis of the
Haikwan Tael.
Art. XI.—The Government of His Most Faithful Majesty agrees to the prohibi-
tion by the Chinese Government of the importation into China of morphia and of .
instruments for its injection, on condition, ho .vever, that the Chinese Government
COMMERCIAL TREATY BETWEEN CHtXA AND PORTUGAL 135
-will allow the importation of morphia and of instruments for its injection for medical
(purposes by Portuguese doctors, chemists, and druggists, on payment of the
.prescribed duty and under special permit which will only be granted to an intending
importer upon his signing at the Portuguese Consulate a suitable bond undertaking
not to sell morphia except in small quantities and on receipt of a requisition signed
•by a duly qualified foreign medical practitioner. If fraud in connection with such
•importation be discovered by the Customs authorities the morphia and instrument
for its injection will be seized and confiscated, and the importer will be denied the
right to import these articles.
Art. XII.—The Chinese Government recognizing, that it is advantageous for
the country to develop its mineral resources, and that it is desirable to attract foreign
(as well as Chinese capital to embark in mining enterprise, agrees to revise its exist-
ing mining regulations in such manner, by the selection of those rules hi force in
other nations which seem applicable to conditions in China, that the revision, while
promoting the interests of Chinese subjects and in no way prejudicing the sovereign
rights of China, will offer no impediment to the employment of foreign capital, nor
place foreign capitalists at a greater disadvantage than they would be under generally
.accepted foreign regulations, and will permit Portuguese subjects to carry on in
Chinese territory mining operations and other necessary business relating thereto,
provided they comply with the new regulations and conditions which will be imposed
by‘China on its subjects and foreigners alike, relating to the opening of mines, the
renting of mineral land, and payment of royalty, and provided they apply for permits,
the provisions of which, in regard to necessary business relating to such operations,
.shall be observed. The residence of Portuguese subjects in connection with such
mining operations shall be agreed upon between .Portugal and China. Any mining
■concession granted after the publication of such new rules shall be subject to these
provisions.
Art. XIII.—It being only right that the shareholders of any joint stock com-
•pany, or the partners in any commercial undertaking, should all be on a footing of
equality as regards division of profits and payment of obligations, according to the
partnership agreement or memorandum and articles of association, the Chinese
•Government agrees that Chinese subjects joining with Portuguese subjects in the or-
ganisation of a joint stock company or commercial undertaking, legally constituted,
shall be liable to the fulfilment of the obligations imposed by said agreement or
memorandum and articles of association, and that Chinese Courts will enforce fulfil-
ment of such obligations, if a suit to that effect be entered; provided always that
their liability shall not be other or greater than that of Portuguese shareholders or
partners in the same company or partnership. Similarly Portuguese subjects who
invest their capital in Chinese enterprises shall be bound to fulfil the obligations
imposed by the partnership agreement or memorandum, and articles of association,
and their liability shall be the same as that of the Chinese subjects engaged in the
same undertaking. But as existing Treaty stipulations do not permit foreign mer-
chants to reside in the interior of China for purpose of trade, such joint stock com-
panies and commercial undertakings may be established in the interior by Portuguese
and Chinese subjects conjointly.
Art. XIV.—As Portugal affords protection to trademarks used by subjects of
any other nationality, provided a like protection is reciprocated for trademarks used
by Portuguese subjects, China, in order to obtain this protection for its subjects in
Portuguese territory, agrees to grant protection to Portuguese trademarks against
unlawful use, falsification or imitation by Chinese subjects. To this end the Chinese
Government will enact the necessary laws and regulations, and will establish
registration offices at which foreign trademarks may be registered on payment of
reasonable fees. Further, the Chinese Government agrees that, as soon as a Patent
Office has been established, and special laws with regard to inventions have been
adopted, it will, after payment of the prescribed fees, issue certificates, valid for a
fixed term of years, to Portuguese inventors, extending to their inventions the same
protection as shall be given to Chinese patents in Portugal, provided that such iuven-
COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
tions do not infringe on previous inventions by subjects of China. Any Chinese or
Portuguese subject who is the author, proprietor, or seller of any publication
injurious to the peace and good government of China shall be dealt with in accordance
with the laws of his own country.
Art. XY.—The Government of China having expressed a strong desire to reform
its judicial system, and to bring it into accord with that of Western nations, Portugal
agrees to give every assistance to such reform, and will also be prepared to relinquish
extraterritorial rights when satisfied that the state of the Chinese laws, the arrange-
ments for their administration, and other considerations warrant it in so doing.
Art. XVI.—The missionary question in China demands, in the opinion of the
Chinese Government, careful consideration, so as to avert in the future troubles
which have occurred in the past. Portugal, as a nation specially interested in the
protection of its Catholic-missions in Chinese territory, 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. No person, whether Portuguese subject or
Chinese convert who, according to the tenets of Christianity, peaceably teaches or
practises the principles of that religion, which aims at teaching men to do good, shall
be persecuted or harassed on account of his faith. But converts and non-converts,
being alike subjects of China, shall conform to her laws, and shall pay due respect
to those in authority, living together in peace and amity; and the fact of his being
a convert shall protect no one from the consequence of any offence he may have
committed before or may commit after his admission into the Church, or exempt him
from paying legal taxes and contributions levied for the support of religious customs and
practices contrary to his faith. Missionaries shall not interfere with the exercise by
the native authorities of their jurisdiction over Chinese subjects, nor shall the native-
authorities make any distinction between converts and non-converts, but shall
administer the law without partiality, so that both classes may live together in peace.
Portuguese missions shall be permitted to rent and lease in perpetuity, as the-
property of the mission, buildings or lands in all parts of the Empire for mission
purposes, and, after the title-deeds have been found in order and duly stamped by the
local authorities, to erect such suitable buildings as may be required for carrying out
their good work.
Art. XYII.—The present Treaty shall remain in force for a period of ten years
beginning with the date of the exchange of ratifications and until a revision is efiected
as hereinafter provided.
It is further agreed that either of the two high contracting parties may
demand revision of the Tariff and the Articles of the Treaty six months before the
end of ten years from the date of the exchange of ratifications thereof. If no re-
vision is demanded before the end of the first term of the ten years, then these Articles
in their present form shall remain in full force for a further term of ten years
reckoned from the end of the first term and so on for successive periods of ten years.
Art. XVIII.—In order to prevent in the future any discussion, this Treaty is
written in Portuguese, Chinese and English, and signed in six copies, two in each lan-
guage. All these versions have the same sense and meaning, but if there should happen
to be any divergence in the interpretation of the Portuguese and Chinese versions,
the English text will be made use of to resolve the doubts that may have arisen.
Art. XIX.—The present Treaty shall be ratified by His Most Faithful Majesty
the King of Portugal and Algarves and His Imperial Majesty the Emperor of China.
The exchange of the ratifications shall be made within the shortest possible time,
and the Treaty will be printed and published, in order that the functionaries and
subjects of the respective countries may have full knowledge of its stipulations and
may fulfil them.
In faith whereof the respective Plenipotentiaries have signed the present Treaty
and have affixed their seals thereto.
JAPAN
TREATY OE PEACE BETWEEN JAPAN AND CHINA
Signed at Shimonoseki (Bakan), Japan, on the 17th April, 1895
Ratifications Exchanged at Chefoo, China, on the 8th May, 1895
His Majesty the Emperor of Japan, and His Majesty the Emperor of China
desiring to restore the blessings of peace to their countries and subjects, and to
remove all cause for future complications, have named as their Plenipotentiaries for
the purpose of concluding a Treaty of Peace, that is to say:—
His Majesty the Emperor of Japan, Count Ito Hirobumi, Junii, Grand Cross of
the Imperial Order of Paullownia, Minister-President of State, and Viscount Mutsu
Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister
of State for Foreign Affairs;
And His Majesty the Emperor of China, Li Hung Chang, Senior Tutor to the
Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade
for the Northern Ports of China, Viceroy of the Province of Chihli, and Earl of the
First Bank, and Li Ching Fong, ex-Minister of the Diplomatic Service of the Second
Official Bank;
Who, after having exchanged their full powers, which were found to be in good
and proper form, have agreed to the following Articles:—
Art. I.—China recognizes definitely the full and complete independence and
autonomy of Corea, and, in consequence, the payment of tribute and the perform-
ance of ceremonies and formalities by Corea to China in derogation of such independ-
ence and autonomy shall wholly cease for the future.
Art. II.—China cedes to Japan in perpetuity and full sovereignty the follow-
ing territories, together with all fortifications, arsenals, and public property thereon:—
(a.) The southern portion of the Province of Feng-tien, within the following
boundaries—
The line of demarcation begins at the mouth of the Biver Yalu, and ascends that
stream to the mouth of the Biver An-ping; from thence the line runs to Feng Huang;
from thence to Haicheng; from thence to Ying Kow, forming a line which describes
the southern portion of the territory. The places above named are included in the
ceded territory. When the-line reaches the Eiver Liao at Ying Kow it follow the
course of that stream to its mouth, where it terminates. The mid-channel of the
Biver Liao shall be taken as the line of demarcation.
This cession also includes all islands appertaining, or belonging to the Province
of Feng Tien situated in the eastern portion of the Bay of Liao Tung, and in the
northern part of the Yellow Sea.
(b.) The Island of Formosa, together with all islands appertaining or belonging
to the said Island of Formosa.
138 TREATY BETWEEN JAPAN AND CHINA
(c.) The Pescadores Group, that is to say, all islands lying between the 119th.
and 120th degrees of longitude east of Greenwich and the 28rd and 24th degrees of
north latitude.
Art. III.—The alignments of the frontiers described in the preceding Article, and-
shown on the annexed map, shall be subject to verification and demarcation on the-
spot by a Joint Commission of Delimitation, consisting of two or more Japanese and
two or more Chinese Delegates, to be appointed immediately after the exchange of
the ratifications of this Act. In case the boundaries laid down in this Act are found
to be defective at any point, either on account of topography or in consideration ofi
good administration, it shall also be the duty of the Delimitation Commission to-
rectify the same.
The Delimitation Commission will enter upon its duties as soon as possible, and
will bring its labours to a conclusion within the period of one year after appointment.
The alignments laid down in this Act shall, however, be maintained until the
ratifications of the Delimitation Commission, if any are made, shall have received
the approval of the Governments of Japan and China.
Art. IV.—China agrees to pay to Japan as a war indemnity the sum of 200,000,000
Kuping taels. The said sum to j>e paid in eight instalments. The first instalment of
50,000,000 taels to be paid within six months, and the second instalment of 50,000,000
taels to be paid within twelve months, after the exchange of the ratifications of this-
Act. The remaining sum to be paid in six equal annual instalments as follows : the
first of such equal annual instalments to be paid within two years, the second with-
in three years, the third within four years, the fourth within five years, the fifth
within six years, and the sixth within seven years after the exchange of the ratifications
of this Act. Interest at the rate of 5 per cent, per annum shall begin to run on all
unpaid portions of the said indemnity from the date the first instalment
falls due.
China shall, however, have the right to pay by anticipation at any time any or
all of said instalments. In case the whole amount of the said indemnity is paid
within three years after the exchange of the ratifications of the present Act, all
interest shall be waived, and the interest for two years and a half, or for any less
period if then already paid, shall be included as a part of the principal amount of
the indemnity.
Art. V.—The inhabitants of the territories ceded to Japan who wish to take up
their residence outside the ceded districts shall be at liberty to sell their teal property
and retire. For this purpose a period of two years from the date of the exchange
of the ratifications of the present Act shall be granted. At the expiration of that
period those of the inhabitants who shall not have left such territories shall, at the
option of Japan, be deemed to be Japanese subjects.
Each of the two Governments shall, immediately upon the exchange of the
ratifications of the present Act, send one or more Commissioners to Formosa to effect
a final transfer of that province, and within the space of two months after the
exchange of the ratifications of this Act such transfer shall be completed.
' Art. VI. —All Treaties between Japan and China having come to an end in
consequence of war, China engages, immediately upon the exchange of the ratifica-
tions of this Act, to appoint Plenipotentiaries to conclude with the Japanese Pleni-
potentiaries a Treaty of Commerce and Navigation, and a Convention to regulate
frontier intercourse and trade. The Treaties, Conventions, and Regulations, now
subsisting between China and European Powers, shall serve as a basis for the said
Treaty and Convention between Japan and China. From the date of the exchange
of the ratifications of this Act until the said Treaty and Convention are brought
into actual operation, the Japanese Government, its officials, commerce, navigation,
frontier intercourse and trade, industries, ships and subjects, shall in every respect
be accorded by China most favoured nation treatment.
China makes, in adoption, the following concessions to take effect six months
after the date of the present Act
TEEATY BETWEEN JAPAN AND CHINA
1. The following cities, towns, and ports, in addition to those already opened
shall be opened to the trade, residence, industries, and manufactures of Japanese
subjects under the same conditions, and with the same privileges and facilities as
•exist at the present open cities, towns, and ports of China.
(a.) Shashih, in the Province of Hupeh.
(6.) Chung King, in the Province of Szechuan,
(c.) Suchow, in the Province of Kiang Su.
(d.) Hangchow, in the Province of Chekiang.
The Japanese Government shall have the right to station Consuls at any or all
of the above-named places.
2. Steam navigation for vessels under the Japanese flag for the conveyance of
passengers and cargo shall be extended to the following places:—
(a.) On the Upper Yangtsze River, from Ichang to Chung King.
(6.) On the Woosung River, and the Canal, from Shanghai to Suchow and
Hangchow.
The Rules and Regulations which now govern the navigation of the inland waters
of China by foreign vessels, shall, so far as applicable, be enforced in respect
of the above-named routes, until new Rules and Regulations are conjointly
agreed to.
3. Japanese subjects purchasing goods or produce in the interior of China or
transporting imported merchandise into the interior of China, shall have the right
temporarily to rent or hire warehouses for the storage of the articles so purchased or
transported, without the payment of any taxes or exactions whatever.
4. Japanese subjects shall be free to engage in all kinds of manufacturing
industries in all the open cities, towns, and ports of China, and shall be at liberty to
import into China all binds of machinery, paying only the stipulated import duties
thereon.
All articles manufactured by Japanese subjects in China, shall in respect of
inland transit and internal taxes, duties, charges, and exactions of all kinds and also
in respect of warehousing and storage facilities in the interior of China, stand upon
the same footing and enjoy the same privileges and exemptions as merchandise
imported by Japanese subjects into China.
In the event of additional Rules and Regulations being necessary in connection
with these concessions, they shall be embodied in the Treaty of Commerce and
Navigation provided for by this Article.
Art. VII.—Subject to the provisions of the next succeeding Article, the evacua-
tion of China by the armies of Japan shall be completely effected within three
months after the exchange of the ratifications of the present Act.
Art. VIII.—As a guarantee of the faithful performance of the stipulations of
this Act, China consents to the temporary occupation by the military forces of Japan,
of Wei-hai-wei, in the Province of Shantung.
Upon the payment of the first two instalments of the war indemnity herein
stipulated for and the exchange of the ratifications of the Treaty of Commerce and
Navigation, the said place shall be evacuated by the Japanese forces, provided the
Chinese Government consents to pledge, under suitable and sufficient arrangements,
the Customs Revenue of China as security for the payment of the principal and
interest of the remaining instalments of said indemnity. In the event of no such
arrangement being concluded, such evacuation shall only take place upon the pay-
jnent of the final instalment of said indemnity.
It is, however, expressly understood that no such evacuation shall take place
■inti I after the exchange of the ratifications of the Treaty of Commerce and
Navigation.
Art. IX.—Immediately upon the exchange of the ratifications of this Act, all
prisoners of war then held shall be restored, and China undertakes not to ill-treat or
140 TREATY BETWEEN- JAPAN AND CHINA
punish prisoners of war so restored to her by Japan. China also engages to at once-
release all Japanese subjects accused of being military spies or charged with any
other military offences. China further engages not to punish in any manner, nor to-
allow to be punished, those Chinese subjects who have in any manner been
compromised in their relations with the Japanese army during the war.
Art. X.—All offensive military operations shall cease upon the exchange of the
ratifications of this Act.
Art. XI.—The present Act shall be ratified by their Majesties the Emperor of
Japan and the Emperor of China, and the ratifications shall be exchanged at Chefoo
on the eighth day of the fifth month of the twenty-eighth year of Meiji, corresponding
to the fourteenth day of the fourth month of the twenty-first year of Kwang Hsii.
In witness whereof, the respective Plenipotentiaries have signed the same and
have affixed thereto the seal of their arms.
Done at Shimonoselci, in duplicate, this seventeenth day of the fourth month
of the twenty-eighth year of Meiji, corresponding to the twenty-third of the third
month of the twenty-first year of Kwang Hsu.
[l.s.] Count Pro Hirobumi, Junii, Grand Cross of the
Imperial Order of Paullownia, Minister- President
of State, Plenipotentiary of His Majesty the Emperor
of Japan.
[l.s.] Viscount Mulsh Munemitsu, Junii, First Class
of the Imperial Order of the Sacred Treasure,
Minister of State for Foreign Affairs, Plenipotentiary
of His Majesty the Emperor of Japan.
[l.s.] Lx Hung-Chang, Plenipotentiary of His Majesty the
Emperor of China, Senior Tutor to the Heir Ap-
parent, Senior Grand Secretary of Northern Ports
of China, Viceroy of the Province of Chihli, and Earl
of the First Panic.
[l.s.] Li Ching-Fong, Plenipotentiary of His Majesty the
Emperor of China, Ex-Minister of the Diplomatic
Service, of the Second Official Ranh.
TREATY OF COMMERCE AND NAVIGATION
Made at Peking, July 21st, 1896
His Majesty the Emperor of Japan and His Majesty the Emperor of China
having resolved, in pursuance of the provisions of Article VI. of the Treaty signed
at Shimonoseki on the 17th day of the 4th month of the 28th year of Meiji,
corresponding to the 23rd day of the 3rd month of the 21st year of Kwang-Hsii, to
conclude a Treaty of Commerce and Navigation, have for that purpose, named as
their Plenipotentiaries, that is to say:—
TREATY BETWEEN CHINA AND JAPAN 141
His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shoshii, Grand
Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial
Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary; and
His Majesty the Emperor of China, Chang Yin-hoon, Minister of the Tsung-li
Yamen, holding the rank of the President of a Board and Senior Vice-President
of the Board of Revenue.
Who, after having communicated to each other their full powers, found to he
in good and due form, have agreed upon and concluded the following Articles:—■
Art. I.—There shall be perpetual peace and friendship between His Majesty
the Emperor of Japan and His Majesty the Emperor of China, and between their
respective subjects, who shall enjoy equally in the respective countries of the high
contracting parties full and entire protection for their persons and property.
Art. II.—It is agreed by the high contracting parties that His Majesty the
Emperor of Japan may, if he see fit, accredit a Diplomatic Agent to the Court
of Peking and His Majesty the Emperor of China may, if he sees fit, accredit a
Diplomatic Agent to the Court of Tokyo.
The Diplomatic Agents thus accredited shall respectively enjoy all the pre-
rogatives, privileges and immunities accorded by international law to such Agents,
and they shall also in all respects be entitled to the treatment extended to similar
Agents of the most favoured nation.
Their persons, families, suites, establishments, residences and correspondence
shall be held inviolable. They shall be at liberty to select and appoint their
own officers, couriers, interpreters, servants, and attendants without any kind of
molestation.
Art. III.—His Majesty the Emperor of Japan may appoint Consuls-General,
Consuls, Vice-Consuls, and Consular Agents to reside at such of the ports, cities, and
towns of China which are now or may hereafter be opened to foreign residence and
trade, as the interests of the Empire of Japan may require.
These officers shall be treated with due respect by the Chinese Authorities, and
they shall enjoy all the attributes, authority, jurisdiction, privileges and immunities
which are or may hereafter be extended to similar officers of the nation most favoured
in these respects.
His Majesty the Emperor of China may likewise appoint Consuls-General, Consuls,
Vice-Consuls, and Consular Agents to reside at any or all of those places in Japan
where Gmsular officers of other nations are now or may hereafter be admitted, and,
saving in the matter of jurisdiction in respect of Chinese subjects and property in
Japan which is reserved to the Japanese Judicial Courts, they shall enjoy the rights
and privileges that are usually accorded to such officers.
Art. IV.—Japanese subjects may, with their families, employes and servants,
frequent, reside and carry on trade, industries and manufactures or pursue any other
lawful avocations in all the ports, cities and towns of China, which are now or may
hereafter be opened to foreign residence and trade. They are at liberty to proceed to
or from any of the open ports-with their merchandise and effects, and within the
localities at those places which have already been or may hereafter be set apart for
the use ai d occupation of foreigners, they are allowed to rent or purchase houses,
rent or lease land and to build churches, cemeteries and hospitals, enjoying in all
respects the same privileges and immunities as are now or may hereafter be granted
to the subjects or citizens of the most favoured nation.
Art. V.—Japanese vessels may touch tor the purpose of landing and shipping
passengers and merchandise, in accordance with the existing Rules and Regulations
concerning foreign trade there, at all those places in China which are now ports of
call, namely, Ngan-ching, Ta-tung, Hu-kow, Wu-sueh, Lu-chi-kow and Woosung
and such other places as may hereafter be made ports of call also. If any vessel
should unlawfully enter ports other than open ports and ports of call in China or
carry on clandestine trade along the coast or rivers, the vessel with her cargo shall be
subject to confiscation by the Chinese Government.
142 TREATY BETWEEN CHINA AND JAPAN
Art. VI.—Japanese subjects may travel, for their pleasure or f a- pur nose of
trade, to all parts of the interior of China, under passports issued by Japanese Consuls
and countersigned by the local authorities. These passports, if demanded, must be
produced for examination in the localities passed through. If the passports be not
irregular, the bearers will be allowed to proceed and no opposition shall be offered
to their hiring of persons, animals, carts or vessels for their own conveyance or for
the carriage of their personal effects or merchandise. If they be without passports or
if they commit any offence against the law, they shall be handed over to the nearest
Consul for punishment, but they shall only be subject to necessary restraint and in no
case to ill-usage. Such passports shall remain in force for a period of 13 Chinese
months from the date of issue. Any Japanese subject travelling in the interior
without a passport shall be liable to a fine not exceeding 300 Taels. Japanese sub-
jects may, however, without passports go on excursions from any of the ports open
to trade, to a distance not exceeding 100 Chinese U and for a period not exceeding
•five clays. The provisions of this article do not apply to crews of ships.
Art. VII.—Japanese subjects residing in the open ports of China may take
into their service Chinese subjects and employ them in any lawful capacity without
restraint or hindrance from the Chinese Government or authorities.
Art. VIII.—Japanese subjects may hire whatever boats they please for the
conveyance of cargo or passengers and the sum to be paid for such boats shall be
settled between the parties themselves, without the interference of the Chinese
Government or officers. No limit shall be put upon the number of boats, neither
shall a monopoly, in respect either of the boats or of the porters or coolies engaged
in carrying goods, be granted to any parties. If any smuggling takes place in
them the offenders will of course be punished according to law.
Art. IX.—The Tariffs and Tariff Rules now in force between China and
the Western Powers shall be applicable to all articles upon importation into
China by Japanese subjects or from Japan, or upon exportation from China
by Japanese subjects or to Japan. It is clearly understood that all articles, the
importation or exportation of which is not. expressly limited or prohibited by the
Tariffs and Tariff Rules existing between China and the Western Powers, may be
freely imported into and exported from China, subject only to the payment of the
stipulated import or export duties. But in no case shall Japanese subjects be called
upon to pay in China other or higher import or export duties than are or may
be paid by the subjects or citizens of the most favoured nation; nor shall any
article imported into China from Japan or exported from China to Japan, be
charged upon such importation or exportation, other or higher duties than are now
or may hereafter be imposed in China on the like article when imported from or
exported to the nation most favoured in those respects.
Art. X.—All articles duly imported into China by Japanese subjects or fiom
Japan shall, while being transported, subject to the existing Regulations, from one
open port to another, be wholly exempt from all taxes, imposts, duties, lekin, charges
and exactions of every nature and kind whatsoever, irrespective of the nationality
of the owner or possessor of the articles, or the. nationality of the conveyance or
vessel in which the transportation is made.
Art. XI.—It shall be at the option of any Japanese subject desiring to convey
duly imported articles to an inland market, to clear his goods of all transit duties
by payment of a commutation transit tax or duty, equal to ohe-half of the import
duty in respect of dutiable articles, and two and a half per cent, upon the value in
respect of duty-free articles; and on payment thereof a certificate shall be issued
which shall exempt the goods from all further inland charges whatsoever.
It is understood that this Article does not apply to imported Opium.
Art. XII.—All Chinese goods and produce purchased by Japanese subjects in
China elsewhere than at an open port thereof and inten led for export abroad, shall
in every part of China be freed from all taxes, imposts, duties, lekin, charges and
exactions of every nature and kind whatsoever, saving only export duties when
exported, upon the payment of a commutation transit tax or duty calculated at the
TREATY BETWEEN CHINA AND JAPAN 143
rate mentioned in the last preceding Article, substituting export duty for import
duty, provided such goods and produce are actually exported to a foreign country
within the period of 12 months from the date of the payment of the transit tax.
All Chinese goods and produce purchased by Japanese subjects at the open ports of
China, and of which export to foreign countries is not prohibited, shall be exempt
from all internal taxes, imposts, duties, lelcin, charges and exactions of every
nature and kind whatsoever, saving only export duties upon exportation, and all
articles purchased by Japanese subjects in any part of China, may also, for the
purposes of export abroad, be transported from open port to open port subject to
the existing Rules and Regulations.
Art. XIII.—Merchandise of a bond fide foreign origin, in respect of which full
import duty shall have been paid, may at any time within three years from the date
of importation, be re-exported from China by Japanese subjects to any foreign
country, without the payment of any export duty, and the re-exporters shall, in
addition, be entitled forthwith to receive from the Chinese Customs drawback certi-
ficates for the amount of import duty paid thereon, provided that the merchandise
remains intact and unchanged in its original packages. Such drawback certificates
shall be immediately redeemable in ready money by the Chinese Customs Authorities
at the option of the holders thereof.
Art. XIY.—The Chinese Government consents to the establishment of Bonded
Warehouses at the several open ports of China. Regulations on the subject shall
be made hereafter.
Art. XV.—Japanese merchant vessels of more than 150 tons burden, entering
the open ports of China, shall be charged tonnage dues at the rate of 4 mace per
registered .ton ; if of 150 tons and under, they shall be charged at the rate of 1 mace
per registered ton. But any such vessel taking its departure within 48 hours after
arrival, without breaking bulk, shall be exempt from the payment of tonnage dues.
Japanese vessels having paid the above specified tonnage dues shall thereafter
be exempt from all tonnage dues in all the open ports and ports of call of China, for
the period of four months fiom the date of clearance from the port where the pay-
ment of such tonnage dues is made. Japanese vessels shall not, however, be required
to pay tonnage dues for the period during which they are actually undergoing repairs
in China.
No tonnage dues shall be payable on small vessels and boats employed by
Japanese subjects in the conveyance of passengers’ baggage, letters, or duty-free
articles between any of the open ports of China. All small vessels and cargo boats,
however, conveying merchandise which is, at the time of such conveying, subject
to duty, shall pay tonnage du5s once’in four month's at the rate of 1 mace per ton.
No fee or charges, other than tonnage dues, shall b > levied upon Japanese
vessels and boats, and it is also understood that such vessels and boats shall not be
required to pay other or higher tonnage dues than the vessels and boats of the most
favoured nation.
Art. XVT.—Any Japanese merchant vessel arriving at an open port of China
shall be at liberty to engage the services of a pilot to take her into port. In like
manner, after she has discharged all legal dues and duties and is ready to take her
departure, she sha ll be allowed to employ a pilot to take her out of port.
Art. XVII.—Japanese merchant vessels compelled on account of injury sustained
or any other cause, to seek a place of refuge, shall be permitted to enter any nearest
port of China, without being subject to the pa>mcnt of tonnage dues or duties upon
goods landed in order that repairs to the vessel may be effected, provided the goods
so landed remain under the supervision of the Customs authorities. Should any
such vessel be stranded or wrecked on the coast of China, the Chinese authorities
shall immediately adopt measure's for rescuing the passengers and crew and for
securing the vessel and cargo. The persons thus saved shall receive friendly
treatment,..and, if necessary, shall be furnished with means of conveyance to
the nearest Consular station. Should any Chinese merchant vessel be compelled on
account of injury sustained or any other cause to seek a place of refuge in the nearest
144 TREATY BETWEEN CHINA AND JAPAN
port of Japan, she shall likewise be treated in the same way by the Japanese
authorities.
Art. XVIIL—The Chinese authorities at the several open ports shall a loot such
means as they judge most proper to prevent the revenue suffering from fraud or
smuggling.
Art. XIX.—If any Japanese vessel be plundered by Chinese robbers or pirates,
it shall be the duty of the Chinese authorities to use every endeavour to capture and
punish the said robbers or pirates and to recover and restore the stolen property.
Art. XX.—Jurisdiction over the persons and property of Japanese subjects in
China is reserved exclusively to the duly authorized Japanese authorities, who shall
hear and determine all cases brought against Japanese subjects or property by Jap-
anese subjects or by the subjects or citizens of any other Power, without the interven-
tion of the Chinese authorities.
Art. XXI.—If the Chinese authorities or a Chinese subject make any charge
or complaint of a civil nature against Japanese subjects or in respect of Japanese
property in China, the case shall be heard and decided by the Japanese authorities.
In like manner all charges and complaints of a civil nature brought by Japanese
authorities or subjects in China against Chinese subjects or in respect of Chinese
property, shall be heard and determined by the Chinese authorities.
Art. XXII.—-Japanese subjects, charged with the commission of anv crimes or
offences in China, shall be tried and, if found guilty, punished by the Japanese
authorities according to the laws of Japan.
In like manner Chinese subjects charged with the commission of any crimes or
offences against Japanese subjects in China, shall be tried and, if found guilty,
punished by the Chinese authorities according to the laws of China.
Art. XXIII.—Should any Chinese subject fail to discharge debts incurrel to a
Japanese subject or should he fraudulently abscond, the Chinese authorities will do
their utmost to effect his arrest, and enforce recovery of the debts. The Japanese
Authorities will likewise do their utmost to bring to justice any Japanese subject
who fraudulently absconds or fails to discharge debts incurred by him to a Chinese
subject.
Art. XXIV.—If Japanese subjects in China who have committed offences or have
failed to discharge debts and fraudulently abscond should flee to the interior of
China or take refuge in houses occupied by Chinese subjects or on board of Chinese
ships the Chinese authorities shall, at the request of the Japanese Consul, deliver
them to the Japanese authorities.
In like manner if Chinese subjects in China who have committed offences or
have failed to discharge debts and fraudulently abscond should take refuge in houses
occupied by Japanese subjects in China or on board of Japanese ships in Chinese
waters they shall be delivered up at the request of the Chinese authorities made to
the Japanese authorities.
Art. XXV.—The Japanese Government and its subjects are hereby confirmed in
all privileges, immunities and advantages conferred on them by the Treaty stipulations
between Japan and China which are now in force; and it is hereby ex pres dv stipu-
lated that the Japanese Government and its subjects will be allowed free and equal
participation in all privileges, immunities and advantages that may have been or may
be hereafter granted by His Majesty the Emperor of China to the Government or
subjects of any other nation.
Art. XXVI.—It is agreed that either of the high contracting parties may
demand a revision of the Tariffs and of the Commercial Articles of this Treaty at
the end of ten years from the date of the exchange of the ratifications; but if
no such demand be made on either side and no such revision be effected within six
months after the end of the first ten years then the Treaty and Tariffs, in their present
form, shall remain in force for ten years more, reckoned from the end of the preceding
ten years, and so it shall be at the end of each successive period of ten years.
Art. XXVII.—The high contracting parties will agree upon Rules an I
Regulations necessary to give full effect to this Treaty. Until such Rules and
TREATY BETWEEN CHINA AND JAPAN 145
^Regulations are brought into actual operation the Arrangements, Rules and
'Regulations subsisting between China and the Western Powers, so far as they are
; applicable and not inconsistent with the provisions of this Treaty, shall be binding
between the contracting parties.
Art. XXVIII.—The present Treaty is signed in the Japanese, Chinese and
English languages. In order, however, to prevent future discussions, the Pleni-
potentiaries of the high contracting parties have agreed that in case of any
divergencies in the interpretation between the Japanese and Chinese texts of the
Treaty, the difference shall be settled by reference to the English text.
Art. XXIX.—The present Treaty shall be ratified by His Majesty the Emperor
of China and His Majesty the Emperor of Japan, and the ratification thereof shall
be exchanged at Peking not later than three 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 Peking this twenty-first day of the seventh month of the twenty-
ninth year of Meiji, corresponding to the eleventh day of the sixth month of the
twenty-second year of Kuang Hsu (July 21st, 1896).
[l.s.] Chang Yin-Hoon.
,, Hayashi Tadasu.
PROTOCOL REGARDING NEW PORTS
Madk at Peking, 19th October, 1896
Baron Hayashi Tadasu, Envoy Extraordinary and Minister Plenipotentiary of
-His Majesty the Emperor of Japan, and the Minister of Foreign Affairs of His
Majesty the Emperor of China have agreed upon the following stipulations supple-
mentary to the Treaty of Commerce and Navigation :—
Art. I.—It is hereby agreed that special Japanese settlements shall be formed
at the places newly opened to commerce, and that affairs relating to roads and
police shall be under the control of the Japanese Consul.
Art. II.—Regulations with respect to steamers or ships owned or chartered
by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined
after conference with Japan, on the basis of the Provisional Regulations for the
conduct of business by foreign merchants at those places, issued by the Shanghai
Customs on August third of the twenty-second year of Kwang Hsu.
Art. III.—The Government of Japan concedes the right of the Chinese Govern-
ment to impose upon articles manufactured by Japanese subjects in China such a
tax as may seem expedient, provided that the said tax shall not differ from, or
■ exceed, the tax paid by Chinese subjects; and provided that the Chinese Govern-
ment shall, when the Japanese Government so ^desires, immediately proviJe sites
for the formation of special Japanese Settlements in Shanghai, Tientsin, Amoy,
and Hankow.
Art. IV.—Instructions shall be issued in Sunfu, in Shantung, that no Chinese
troops shall approach, or take possession of any position, within 5 Japanese ri,
■-that is to say, about 40 Chinese Li, of the limits of any positions held by Japanesj
•forces in accordance with Treaty stipulations.
146 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
The above Protocol shall be drawn up in the Chinese and Japanese languages*
and after comparison the two copies shall be signed and sealed, each side taking:
one of the copies.
(Signed) Hayshi Tadasatt.
„ Prince Kino.
„ Yin Lu.
„ Chano Yin-whAn.
Nineteenth day, tenth month, twenty-ninth year of Meiji; thirteenth day, ninth
month, twenty-second year of Kuang Hsii.
SUPPLEMENTARY TREATY OE COMMERCE AND
NAVIGATION BETWEEN JAPAN AND CHINA
Signed at Shanghai, 8th October, 1903
His Majesty the Emperor of Japan and His Majesty the Emperor of China, m
order to give full effect to the provisions of Article XI. of the Final Protocol signed
at Peking on the seventh day of the ninth month of the thirty-fourth year of Meiji,
corresponding to the twenty-fifth day of the seventh moon of the twenty-seventh year
of Kuang-hsii, have resolved to conclude a Supplementary Treaty of Commerce and
Navigation, designed to facilitate and promote the commercial relations between.
Japan and China, and have for that purpose named as their Plenipotentiaries, that
o say:
His Majesty the Emperor of Japan, Hioki Eki, Jugoi, Fifth Class of the
Imperial Order of the Rising Sun, First Secretary of Legation, andOdagiri Masnoske,
Shorokui, Fifth Class of the Imperial Order of the Rising Sun, Consul-General; and-
His Majesty the Emperor of China, Lu Hai-huan, President of the Board of
Public Works; Sheng Hsuan-huai, Junior Guardian of the Heir Apparent,
formerly Senior Vice-President of the Board of Public Works; and Wu T’ing-fang,.
Senior Vice-President of the Board of Commerce.
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:—
Art. I.—Whereas China, with the object of reforming its fiscal system, proposes
to levy a surtax in excess of the tariff rates on all goods passing through the Custom-
houses, whether maritime, or inland and frontier, in order to compensate, in a mea-
sure, for the loss incurred by the complete abolition of lekin, Japan consents to pay
the same surtax as is agreed upon between China and all the Treaty Powers. With
regard to the production tax, consumption tax, and excise, and the taxes on native
opium and salt, leviable by China, Japan also consents to accept the same arrange-
ments as are agreed upon between all the Treaty Powers and China. It is under-
stood, however, that the commerce, rights and privileges of Japan shall not, on account
of the above, be placed at any disadvantage as compared with the commerce, rights
and privileges of other Powers.
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 147
Art. II.—The Chinese Government agrees to permit Japanese steamship-owners
to erect, at their own expense, appliances for hauling through the rapids of that part
of the Yangtzekiang between Ichang and Chungking; but as the interests of the
population of the provinces of Szechuen, Hunan and Hupeh are involved, it is there-
fore necessary that the approval of the Imperial Maritime Customs be obtained before
•such appliances may be so erected. These appliances, which shall be at the disposal
of all vessels, both steamers and junks, shall not obstruct the waterway nor interfere
with the free passage of junks or of persons on the banks on the river. Such ap-
pliances shall be subject to special regulations to be drawn up by the Imperial
Customs.
Art. III.—The Chinese Government agrees that any Japanese steamef capable
of navigating the inland waterways, upon reporting at the Imperial Maritime Cus-
toms, m|iy proceed for the purpose of trade from a Treaty Port to places inland so
reported, on complying with the Original and Supplementary Regulations for Steam
Navigation Inland.
Art. IY.—In case Chinese subjects conjointly with Japanese subjects organise
a partnership or company for a legitimate purpose, they shall equitably share the
profits and losses with all the members according to the terms of the agreement or
memorandum and articles of association and the regulations framed thereunder, and
they shall be liable to the fulfilment of the obligations imposed by the said agreement
or memorandum and articles of association and the regulations framed thereunder,
as accepted by them and as interpreted by the Japanese Courts. Should- they
fail to fulfil the obligations so imposed and legal action be taken against them
in consequence, Chinese Courts shall at once enforce fulfilment of such obligations.
It is understood that in case Japanese subjects conjointly with Chinese subjects
organise a partnership or company, they shall also equitably share the profits and
losses with all the members according to the terms of the agreement or memorandum
and articles of association and the regulations framed thereunder. Should such
Japanese subjects fail to fulfil any of the obligations imposed by the said agreement
or memorandum and articles of association, or by the regulations framed thereunder,
Japanese Courts shall in like manner at once enforce fulfilment of such obligations
by them.
Art. Y.—The Chinese Government agrees to make and faithfully enforce such
regulations as are necessary for preventing Chinese subjects from infringing regis-
tered trade-marks held by Japanese subjects. The Chinese Government likewise
agrees to make such regulations as are necessary for affording protection to registered *
copyrights held by Japanese subjects in the books, pamphlets, maps and charts
written in the Chinese language and specially prepared for the use of Chinese people.
It is further agreed that the Chinese Government shall establish registration
offices where foreign trade-marks and copyrights held by Japanese subjects in protec-
-tion of the Chinese Government shall be registered in accordance with the provisions
of the regulations to be hereafter framed by the Chinese Government for the purpose
of protecting trade-marks and copyrights. It is understood that Chinese trade-
marks and copyrights properly registered according to the provisions of the laws and
^regulations of Japan will receive similar protection against infringement in Japan.
This Article shall not be held to protect against due process oflaw any Japanese
or Chinese subject who may be the author, proprietor, or seller of any publication
calculated to injure the well-being of China.
Art. YI.—China agrees to establish itself, as soon as possible, a system of
uniform national coinage, and provide for a uniform national currency, which shall be
'freely used as legal tender in payment of all duties, taxes and other obligations by
Japanese subjects as well as by Chinese subjects in the Chinese Empire. It is
understood, however, that all Customs duties shall continue to be calculated and paid
on the basis of the Haikwan Tael.
Art. YII.—As the weights and measures used by the mercantile and other classes
•for general and commercial purposes in the different provinces of China vary
.and do not accord with the standards fixed by the Imperial Government Boards, thus
148 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
resulting in detriment to the trade of Chinese and foreigners, the Governors-General
and Governors of all the provinces, after careful inquiry into existing conditions, shall
consult together and fix upon uniform standards which, after a Memorial to the
Throne for sanction, shall be adopted and used in all transactions by officials and
people throughout all the Empire. These standards shall be first used in the places
opened to foreign trade and gradually extended to inland places. Any differences
resulting from divergence between the new weights and measures and those now in
vogue shall be equitably settled, whether by way of increase or decrease, according
to the amount of such difference.
Art. VIII.—The Regulations for Steam Navigation Inland of the fifth moon of
the twenty-fourth year of KuangHsu and the Supplementary Rules of the seventh moon
of the same year, having been found in some respects inconvenient in working, the
Chinese Government hereby agrees to amend them, and to annex such new Rules to
this Treaty. These Rules shall remain in force until altered by mutual consent.
Art. IX.—The provisions of all Treaties and engagements now subsisting between
Japan and China, in so far as they are not modified or repealed by this Act, am
hereby expressly stipulated in addition, that the Japanese Government, officers,
subjects, commerce, navigation, shipping, industries and property of all kinds shall
be allowed free and full participation in all privileges, immunities and advantages
which have been or may hereafter be granted by His Majesty the Emperor of China
or by the Chinese Government' or by the Provincial or Local Administrations of
China to the Government, officers, subjects, commerce, navigation, shipping, in-
dustries or property of any other nation. The Japanese Government will do its
utmost to secure to Chinese officers and subjects resident in Japan the most
favourable treatment compatible with the laws and regulations of the Empire.
Art. X.—The high contracting parties hereto agree that, in case of and after
the complete withdrawal of the foreign troops stationed in the province of Chihli and
of the Legation guards, a place of international residence and trade in Peking will be
forthwith opened by China itself. The detailed regulation relating thereto shall be
settled in due time after consultation. The Chinese Government agrees to open to
foreign trade, within six months from the exchange of the Ratifications of this
Treaty, Ch‘angsha-fu in the province of Hunan, on the same footing as the ports
already opened to foreign trade. Foreigners residing in this open port are to observe-
the Municipal and Police Regulations on the same footing as Chinese residents, and
they are not to be entitled to establish a Municipality and Police of their own within
the limits of this Treaty Port, except with the consent of the Chinese authorities.
The Chinese Governu.ent agrees that, upon the exchange of the Ratifications of
this Treaty, Moukden and Tatungkow, both in the province of Shengking, will • be-
opened by China itself as places of international residence and trade. The selection
of suitable localities to be set apart for international use and occupation and the regula-
tions for these places set apart for foreign residence and trade shall be agreed upon
by the Governments of Japan and China, after consultation together.
Art. XI.—The Government of China having expressed a strong desire to reform
its judicial system and to bring it into accord with that of Japan and Western
nations, Japan agrees to give every assistance to such reform, and will also be pre-
pared to relinquish its extraterritorial rights when satisfied that the state of the
Chinese laws, the arrangements for their administration, and other considerations
warrant it in so doing.
Art. XII.—The present Treaty is signed in the Japanese, Chinese and English
languages. In order, however, to prevent future discussions, the Plenipotentiaries of
the high contracting parties have agreed that in case of any divergence in the in-
terpretation between the Japanese and Chinese texts of the Treaty, the difference-
shall be settled by reference to the English text.
Art. XIII.—The present Treaty shall be ratified by His Majesty the Emperor of
Japan and His Majesty the Emperor of China, and the ratifications thereof shall be
exchanged at Peking as soon as possible, and not later than six months from the-
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 149
present date. In witness whereof the respective Plenipotentiaries have signed the
same and have affixed thereto the seals of their arms.
Done at Shanghai, this eighth day of the tenth month of the thirty-sixth year of
Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninth'
year of Kuang Hsu.
[L.S.] Hioki Eki.
„ Odagiei Masnoske.
(Signed) Lu Hai-Huan.
„ Sheng Hstjan-Huai.
„ Wn T‘ing-Fang.
Annex 1
INLAND WATERS STEAM NAVIGATION
Additional Boles
1. —Japanese steamship owners are at liberty to lease warehouses an
the banks of waterways from Chinese subjects for a term not exceeding twenty-five
years, with option of renewal on terms to be mutually arranged. In cases where
Japanese merchants are unable to secure warehouses and jetties from Chinese
subjects on satisfactory terms, the local officials, after consultation with the Governor
or Governor-General or Minister of Commerce, shall arrange to provide these on
renewable lease, as above mentioned, at current equitable rates.
2. —Jetties shall only be erected in such positions that they will
the inland waterway or interfere with navigation, and with the sanction of ther
nearest Commissioner of Customs; such sanction, however, shall not be arbitrarily
withheld.
3. —Japanese merchants shall pay taxes and contributions on these
and jetties on the same footing as Chinese proprietors of similar properties in the
neighbourhood. Japanese 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 Japanese merchants may visit these places from
time to time to look after their affairs. The existing rights of Chinese jurisdiction over
Chinese subjects shall not by reason of this clause be diminished or interfered with in
any way.
4. —Steam vessels navigating the inland waterways of China shall b
for loss caused to riparian proprietors by damage which they may do to the banks
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
Japanese authorities, when appealed to, shall, if satisfied of the validity of the
objection, prohibit the use of that waterway by Japanese 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 such works, which would
be detrimental to the water service of the local people.
5-—The main object of the Japanese Government in desiring to see the inland
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
impediment to the transfer to a Chinese company and the Chinese flag of any
J50 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
.Japanese steamer which may now or hereafter be employed on the inland waters of
China, should the owner be willing to make the transfer. In the event of a Chinese
. company registered under Chinese law being formed to run steamers on the inland
waters of China, the fact of Japanese subjects holding shares in such a company shall
not entitle the steamer to fly the Japanese flag.
6. —Registered steamers and their tows are forbidden,
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 sho
. as possible by advent of steam vessels to which they are not accustomed, inland
waters not hitherto frequented by steamers shall be opened as gradually as may be
. convenient to merchants and only as the owners of steamers may see prospect of
remunerative trade. In cases where it is intended to run steam vessels on water-
ways 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 o
port or ports to another open port or ports, or from one open port or ports to 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
and crew of any boat towed shall be Chinese. Ail boats, irrespective of ownership,
must be registered before they can proceed inland.
10. —The above Rules are supplementary to the R
•fifth and seventh moons of the twenty-fourth year of Kuang Hsii, which remain in
full force and effect in so far as they are not modified by the Rules now agreed upon.
The present Rules and the Regulations of the fifth and seventh moons of the
twenty-fifth year of Kuang Hsu may hereafter be modified, as circumstances require, by
mutual consent.
Done at Shanghai this eighth day of the tenth moon of the thirty-sixth year of
Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninth
year of Kuang Hsu.
[l.s.] Hioki Eki.
„ Odagiri Masnoske.
(Signed) Lu Hai-Huan.
„ Sheng Hsuan-Huai.
„ Wu T‘ing-Fang.
Annex 2
Imperial Japanese Commissioners for Treaty Revision to Imperial Chinese
Commissioners for Treaty Revision
Shanghai, the 8th Day of the 10th Month of the 36th Year of Meiji.
Gentlemen,—According to Article III. of present Treaty, the Chinese Govern-
ment agree that any Japanese steamer capable of navigating the Inland Waterways,
upon reporting at the Imperial Maritime Customs, may proceed for purpose of trade
from a treaty port to places inland, so reported, on complying with the Original and
.Supplementary Regulations for Steam Navigation Inland.
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 151
It is understood that all classes of Japanese steamers, whatever their size, provided
they are capable of navigating the Inland Waterways, may, on complying with the
Regulations, receive an Inland Waters Certificate, and carry on trade with Inland
places, and the Chinese Government will in no case raise difficulties and stop such
steamers from plying to and from Inland places.
We have the honour, in order to prevent future misunderstandings, to address
this despatch to Your Excellencies, and to request that instructions be sent to the
Inspector General of Maritime Customs to act in accordance with this understanding,
We have further the honour to request a reply from your Excellencies.
We have the honour, etc.,
(Signed) Hioki Eki.
„ Odaguei Masnoske.
Annex 8
Imperial'Chinese Commissioners for Treaty Revision to Imperial Japanese
Commissioners for Treaty Revision
Shanghai, the 18th Day of the 8th Moon of the 26th Year of Kuang Hsii.
Gentlemen,—We have the honour to acknowledge the receipt of your Excel-
lencies’ despatch of this date, written with a view of preventing future misunder-
standings, to the effect that, in accordance with the provisions of Article III. of the
present Treaty, all classes of Japanese steamers, whatever their size, provided they are
capable of navigating the Inland Waterways, may on complying with the Regulations
receive an Inland Waters Certificate, and ply to and from inland places, and that the
Chinese Government will in no case raise difficulties and stop them.
During the negotiations of this Article, we received a list from your Excellencies
of the Japanese steamers, viz.:—Sanyo Maru, Setagawa Main, Hiuga Maru, Urato
Maru, Neisei Maru, Heian Maru, Taiko Maru, Yoshino Maru, Meiko Maru, Fukuju
Maru, Hijikawa Maru, Nagata Maru, Kyodo Maru, Horai Maru, Kwanko Maru,
Keiko Maru, Ednriu Mam, Zensho Maru and Kohei Maru, ranging from one hundred
and twenty-one tons to four hundred and ten tons register—plying from Chefoo to
inland places in Manchuria, under Inland Waters Certificate and in accordance with
the Regulations for Steam Navigation Inland, which vessels have not been prevented
from doing so on account of their class.
At that time we instructed the Deputy Inspector General of Customs to make
inquiries into the records of the Custom-houses, and he reported that the circum-
stances were in accordance with your Excellencies’ statement.
In consequence of the receipt of your Excellencies’ despatch, we shall communi-
cate with the Waiwupu and request that instructions be sent to the Inspector General
of Customs to take these circumstances into consideration and to act accordingly, and
we have the honour to write this despatch for purposed of record.
We have the honour to be,
(Signed) Lu Hai-Huan.
„ Sheng Hsuan-Huan.
„ Wu TTng-Fang.
1152 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
Annex 4
Imperial Japanese Commissioners for Treaty Revision to Imperial Chinese
Commissioners for Treaty Revision
Shanghai, the 8th Day of the 10th Month of the 26th Year of Meiji.
Gentlemen,—The provision contained in No. 9 of the Supplementary Rules
governing steam navigation on Inland Waters, published in the seventh moon of the
-twenty-fourth year of Kuang Hsii, regarding the appointment of an officer to collect
dues and duties, not having in all cases been given effect to, we have the honour to
request that your Excellencies’ Government will again issue instructions to all pro-
vinces to give strict effect to this provision, as it is a matter of importance.
We trust that your Excellencies will comply with the request contained in this
despatch and that you will favour us with a reply.
We have the honour, etc.,
(Signed) Hioki Eki.
„ Odagiri Masnoske.
Annex 5
Imperial Chinese Commissioners for Treaty Revision to Imperial Japanese
Commissioners for Treaty Revision
Shanghai, the 18th Day of the 8th Moon of the 29th Year Kwang-Hsii.
Gentlemen,—We have the honour to acknowledge the receipt of your Excel-
lencies’ despatch of this date to the effect that the provision, contained in No. 9 of
the Supplementary Rules governing steam navigation on Inland Waters, published
in the seventh moon of the twenty-fourth year of Kuang Hsu, regarding the appoint-
ment of an officer to collect dues and duties, not having in all cases been given effect
•to, you request that instructions be again issued to all provinces to give strict effect
to this provision, as it is a matter of importance.
We have noted the above and have communicated with the proper authorities in
, order that action may be taken, and have now the honour to write this reply for your
Excellencies’ information.
We have the honour, etc.,
• (Signed) Lu Hai-Huan.
„ Sheng Hsuan-Htjai.
„ Wu T‘ing Fang.
Annex 6
Imperial Chinese Commissioners for Treaty Revision to Imperial Japanese
Commissioners for Treaty Revision
Shanghai, the 18th Day of the 8th Moon of the 29th Year of Kuang Hsii.
Gentlemen,—According to the provision of Article X. of this Treaty, regarding
the establishment in Peking of a place of international residence and trade, it is
. agreed that in case of, and after, the complete withdrawal of the foreign troops, now
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 153:
guarding the Legations and communications, a place in Peking outside the Inner
City, convenient to both parties and free from objections, shall be selected and set
apart as a place where merchants of all nationalities may reside and carry on trade.
Within the limits of this place merchants of all nationalities shall be at liberty to-
lease land, build houses and warehouses, and establish places of business; but as to
the leasing of houses and land belonging to Chinese private individuals there must
be willingness on the part of the owners, and the terms thereof must be equitably
arranged without any force or compulsion. All roads and bridges in this place will
be under the jurisdiction and control of China. Foreigners residing in this place are
to observe the Municipal and Police Regulations on the same footing as Chinese
residents, and they are not to be entitled to establish a Municipality and Police of
their own within its limits except with the consent of the Chinese authorities. When-
such place of international residence and trade shall have been opened and its limits
properly defined', the foreigners who have been residing scattered both within and
without the city walls shall all be required to remove their residence thereto and
they shall not be allowed to remain in separate places, and thereby cause inconvenience-
m the necessary supervision by the Chinese authorities. The value of the land and
buildings held by such foreigners shall be agreed upon equitably, and due compen-
sation therefor shall be paid. The period for such removal shall he determined in
due time, and those who do not remove before the expiry of this period shall not be-
entitled to compensation.
We have considered it to be to our mutual advantage to come to the present
basis of understanding in order to avoid future unnecessary negotiations, and we beg
that your Excellencies will consider and agree to it, and will favour us with a reply.
We have the honour, elc.,
(Signed) Lu Hai-Huan.
„ Sheng Hsuan-Huai.
„ Wu TTng-Fang.
Annex 7
Imperial Japanese Commissioners por Treaty Revision to Imperial Chinese
Commissioners for Treaty Revision
Shanghai, the 8th Day of the 10th Month of the 36th Year of Meiji.
G-entlemen,—We have the honour to acknowledge the receipt of your
Excellencies’ despatch of the 18th day of the 8th moon of the 29th year of Kwang
Hsii.
In reply we beg to inform you that we agree generally to all the terms contained
in the despatch under acknowledgment. As to the detailed regulations, these
shall in due time be considered and satisfactorily settled in accordance with
Article X. of this Treaty; but it is understood that such regulations shall not differ
in any respect to our prejudice from those which may be agreed upon between China
and other Powers. We have the honour to send your Excellencies this communi-
cation in reply and for your information.
We have the honour, etc.,
(Signed) Hioki Eki.
„ Odagiri Masnoske.
TREATY BETWEEN CHINA AND JAPAN RELATING
TO MANCHURIA
Signed at Peking, 22nd December, 1905
I. —The Chinese Government agrees to all the transfe
by Articles Y. and VI. of the Treaty of Peace between Japan and Russia.
II. —The Japanese Government agrees to observe
ing Treaties in regard to the lease of land for the construction of railways, which
have been concluded between China and Russia.
In case of any question arising in future, the Japanese Government will consult
with the Chinese Government before settlement.
III. —This present Treaty will take effect from th
ratified by his Imperial Japanese Majesty and his Imperial Chinese Majesty, and
ratifications will be exchanged in Peking as early as possible within two months from
the date of signing.
In witness whereof the Plenipotentiaries of the two contracting parties have
signed and affixed their respective seals on the Treaty done in duplicate in Japanese
and Chinese.
Done at Peking, 22nd December, 1905.
Komura Jutaro,
Minister for Foreign Affairs, Special Ambassador;
licHIDA KoSAI,
Minister Plenipotentiary;
Prince Ching,
Minister Plenipotentiary;
Ku Ko-ki,
Minister Plenipotentiary;
Yuan Shi-kai,
Minister Plenipotentiary.
Supplementary Agreement
The Governments of the two contracting parties have decided on the following
matters in which both parties are interested in Manchuria and agreed upon the
following stipulations for their guidance:—
I. —The Chinese Government agrees to open the fo
to the residence of foreigners and foreign trade with as little delay as possible after
the evacuation of Manchuria by the Japanese and Russian armies:—
ShingJcing Province:—Whangfengcheng, Liaoyang, Sinminting, Tieling, Tung-
kiangtze, and Fakumen.
Kirin Province:—Changchun (Kwangchengtze), Kirin, Harbin, Ninguta, Hong-
chun and Sauchin.
Heilunking Province :—Tsitsikar, Hailar, Aihon and Manjuri.
II. —The Chinese Government having expressed it
withdrawal of the Japanese and Russian armies and railway guards in Manchuria,
and the Japanese Gove'rnment being desirous of complying with the desire of the
Chinese Government, agrees to make similar arrangements in case of the Russian
Government agreeing to the withdrawal of its railway guards, or of any special under-
standing having been arrived at between China and Russia in the matter. When
order has been perfectly established in Manchuria and the Chinese authorities have
become able to fully protect the life and property of foreigners in Manchuria, the
Japanese Government, in common with the Russian Government, will withdraw the
railway guards.
III. —The Japanese Government will immedi
TREATY BETWEEN CHINA AND JAPAN RELATING TO MANCHURIA 155
ment of any locality in Manchuria which is evacuated by the Japanese troops, and
on receiving such information the Chinese Government is authorised to send a force
of troops necessary for the maintenance of the public security and order to the locality
evacuated by the Japanese troops, even before the expiration of the term specified in
the Japanese-Russian Treaty for the withdrawal of the troops. In case of bandits
molesting villages in the district still under occupation of the Japanese troops, the
Chinese local authorities may send* troops to-arrest the bandits, but Chinese troops
despatched on this work shall not be allowed to enter within twenty Chinese miles of
the place where Japanese troops are stationed.
IV. —The Japanese Government agrees to return to their respective
the Government or private property in Manchuria occupied or taken possession of by
the Japanese army for military purposes, as Manchuria is evacuated by the troops.
Even before the evacuation such property, when useless for the needs of the troops,
will be returned to the respective owners.
V. —The Chinese Government agrees to take all measures necessary for pr
the tombs of the Japanese soldiers killed in battle in Manchuria, and the monuments
erected in commemoration of their loyalty.
VI. —The Chinese Government agrees to the military railway c
between Antongcheng and Mukden being transformed into a line for the transmission
of merchandise of all nationals and conducted by the Japanese Government. The
term in which the railway will be conducted by the Japanese to be fifteen years from
the date on which the transformation of the line is completed. Upon the expiry of
the term, the railway will be sold to the Chinese Government, its value being decided
by two experts, one to be appointed by each of the contracting parties. During the
time the line is under the control of the Japanese, Chinese troops, arms, and provi-
sions will be transported according to the terms of the Chinese Eastern Railway
Treaty. In effecting the transformation of the railway, the Japanese authorities in
charge will consult with commissioners to be appointed by the Chinese Government.
Rates of freight on goods belonging to the Chinese Government or private individuals
will be specially arranged.
VII. —The two contracting parties agree to make arrangements as so
for connecting the service of railways in South Manchuria and those in China proper,
in order to promote and facilitate the communications and transport of goods.
VIII. —The Chinese Government agrees to exempt materials re
railways in South Manchuria from all duties and lekin.
IX. —At Yingkow (Newchwang), which is already opened to foreign
also in Antongeheng, Mukden, and other places in the Shingkiug province, which it is
agreed to open to foreign trade, settlements for the exclusive use of Japanese will be
established, and the provision for this purpose made by the Japanese and Chinese
authorities in a special agreement.
X. —The Chinese Government agrees to a joint-stock lumber company of
and Chinese being formed with a view to carrying on a business of cutting lumber in
the forests on the right bank of the Yalu. The Chinese Government further agrees
that the area of land where the business will be carried on, the term of the charter,
the process of the formation olf the company, and the articles of the business, will be
determined upon in a special agreement. The interest in the company of the Japanese
pand Chinese shareholders will be equally divided.
XI. —In'regard to the trade on the frontier of Manchuria and Corea
according to most-favoured-nation principle will be extended to each contracting party.
XII. —The Governments of the two contracting parties agree that in a
s specified in the Articles of the Treaty signed this day, and in the supplementary agree-
1 ment, each party will give the most .considerate treatment to the other.
, This agreement will take effect from the date of signing and is to be considered
b as ratified with the ratification of the Treaty signed this day.
In witness whereof the contracting parties have signed and affixed their seals in
i duplicate in Japanese and Chinese, with due authority entrusted to them by their
ii respective Governments.
SINO-JAPANESE TREATY RELATING TO SHANTUNG
Ratified in Tokyo on June 8th, 1915
Treaty Respecting the Province op Shantung
(Signed at Peking, May 25th, 1915)
His Majesty tlie Emperor of Japan and His Excellency the President of the
Republic of China, being desirous to maintain the general peace of the Far East and
to further strengthen the relations of amity and good neighbourhood existing between
the two countries, have resolved to conclude a treaty for that purpose, and to that
end have named their Plenipotentiaries, that is to say:—
His Majesty the Emperor of Japan, M. Eki Hioki, Jushii, Second Class of
the Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary and
Minister Plenipotentiary to the Republic of China; and
His Excellency the President of the Republic of China, Mr. Lu-Cheng-hsiang,
Tsung-Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of
the Republic of China ;
Who, after having communicated to each other their respective full powers, which
were found to be in good and due form, have agreed upon the following Articles :—
Art. I.—The Chinese Government engage to recognize all matters that may be
agreed upon between the Japanese Government and the German Government re-
specting the disposition of all the rights, interests and concessions, which, in virtue of
treaties or otherwise, Germany possesses vis-ct-vis China in relation to the Province
of Shantung.
Art. II.—The Chinese Government engage that, in case they undertake the con-
struction of a railway connecting Chefoo orLungkou with the Kiaochau-Tsinan Rail-
way, they shall, in the event of Germany’s surrendering her right of providing capital
for the Chefoo-Weihsien railway line, enter into negotiations with Japanese capitalists
for the purpose of financing the said undertaking.
Art. III.—The Chinese Government engage to open, of their own accord, as early
as possible, suitable cities and towns in the Province of Shantung for the residence
and trade of foreigners.
Art. IY.—The present Treaty shall take effect on the day of its signature.
The present Treaty shall be ratified by His Majesty the Emperor of Japan and by
His Excellency the President of the Republic of China, and the ratifications thereof
shall be exchanged at Tokyo as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed this Treaty
made in duplicate, in Japanese and in Chinese, and have hereunto atfixed their seals.
Done at Peking the 25th day of the 5th month of the 4th year of Taisho, correspond-
ing to the 25th day of the 5th month of the 4th year of the inauguration of the
Republic of China.
Eki Hioki,
Etc., etc., etc.
Lu Cheng-hsieng,
Etc., etc., etc.
SINO-JAPANESE TREATY RELATING TO SHANTUNG 157
Exchange of Notes
The following Notes dealing with the Shantung Treaty were exchanged :—
Monsieur le Ministre :— Peking, May 25th, 1591.
In the name of the Chinese Government, I have the honour to make the
following declaration to your Excellency’s Government:—
The Chinese Government will never lease or alienate, under any designation
whatever, to any foreign Power any territory within or along the coast of the
Province of Shantung or any island lying near the said coast.
I avail, etc., etc.,
Lu Cheng-hsieng,
His Excellency Minister of Foreign Affairs of
Mr. Eki Hioki, the Republic of China.
H. I. J. M.’s Envoy Extraordinary
and Minister Plenipotentiary.
Monsieur le MinistrePeking, May 25th, 1915.
I have the honour to acknowledge the receipt of your Excellency’s note of to-
day’s date in which you make, in the name of the Government of China, the following
-declaration to the Imperial Government of Japan:—
The Chinese Government will never lease or alienate, under any designation
whatever, to any foreign Power any territoi’y within or along the coast of the Province
■of Shantung or any island lying near the said coast.
In reply I beg to state that I have taken note of this declaration.
I avail, etc., etc.,
Eki Hioki,
His Excellency H. I. J. M.’s Envoy Extraordinary
Mr. Lu Cheng-hsieng, and Minister Plenipotentiary.
Minister of Foreign Affairs
of the Republic of China.
Monsieur le MinistrePeking, May 25th, 1915.
I have the honour to state that the cities and towns to be opened in accordance
with the stipulation of Art. III. of the Treaty respecting Shantung Province, sigpied
■to-day, will be selected and the regulations therefor will be drawn up by the Chinese
Government, and will be decided upon after consultation with the Japanese Minister.
I avail, etc., etc.,
Lu Cheng-hsieng,
His Excellency Minister of Foreign Affairs of
Mr. Eki Hioki, the Republic of China.
H. I. J. M.’s Envoy Extraordinary
and Minister Plenipotentiary.
158 SINO-J\PA\ESE TREATY RESPECTING SOUTH MANCHURIA, ETC.
Monsieur le Ministre :— Peking, May 25th, 1915.
I have the honour to acknowledge the receipt of your Excellency’s note of to-day’s-
date, in which you state that the cities and towns to be opened in accordance with
the stipulation of Art. III. of the Treaty respecting Shantung Province, signed to-
day, will be selected and the regulations therefor will be drawn up by the Chinese'
Government, and will be decided upon after consultation with the Japanese Minister.
In reply I beg to state that I have taken note of the same.
I avail, etc., etc.,
Eki Hioki,
His Excellency H. I. J. M.’s Envoy Extraordinary
Mr. Lu Cheng-hsieng, and Minister Plenipotentiary.
Minister of Foreign Affairs
of the Republic of China.
SINO-JAPANESE TREATY RESPECTING SOUTH MAN-
CHURIA AND EASTERN INNER MONGOLIA
[Signed at Peking, May 25th, 1915]
His Majesty the Emperor of Japan and His Excellency the President of the1
It (public of China, being desirous to develop the economic relations of the two coun-
tries in the regions of South Manchuria and Eastern Inner Mongolia, have resolved
to conclude a treaty for that purpose and to that end have named their Plenipoten-
tiaries, that is to say ;—
His Majesty the Emperor of Japan, Mr. Eki Hioki, Jushii, Second Class of the
Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary and
Minister Plenipotentiary to the Republic of China; and
His Excellency the President of the Republic of China, Mr. Lu Cheng-hsieng
Tsung Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of
the Republic of China;
Who, after having communicated to each other their respective full powers, which
were found to be in good and due form, have agreed upon the following articles :—
Art. I.—The High Contracting Parties mutually agree to extend the term of the
lease of Port Arthur and Dairen, and the term relating to the South, Manchurian
Railway and the Antung-Mukden Railway, to a period of ninty-nine years respectively.
Art. II.—The subjects of Japan shall be permitted in South Manchuria to lease
land necessary either for erecting buildings for various commercial and industrial
uses or for agricultural purposes.
Art. III.—The subjects of Japan shall have liberty to enter, travel and reside in
South Manchuria and to carry on business of various kinds—commercial, industrial
and otherwise.
Art. IY.—The Government of China shall permit joint undertakings, in Eastern
Inner Mongolia, of the subjects of Japan and citizens of China, in agriculture and
industries auxiliary thereto.
SIXO-JAPANESE TREATY RESPECTING SOUTH MANCHURIA, ETC.
Art. V.—With respect to the three preceding Articles, the subjects of Japan
-shall produce before the local authorities the passports duly issued for the purpose
of registration, and shall also submit themselves to the police laws and regulations
and taxes of China.
In civil and crinrnal suits, the Japanese consular officer, where a Japanese
subject is the defendant, and the Chinese official, where a Chinese citizen is the
defendant, shall respectively try and decide the case, both the Japanese consular officer
and the Chinese official being permitted each to send his agent to attend the trial of
the other to watch the proceedings ; provided that in civil suitsaarising out: of land
disputes between Japanese subjects and Chinese citizens the cas s shall be tried and
-decider! by the joint tribunal composed of the properly authorized officials of the two
countries, in accordance with the laws and local usages of China.
In the future when the judicial system in the said regions shall have been com-
pletely reformed, all civil and criminal suits involving Japanese subjects shall be wholly
tried and decided by the law-courts of China.
Art. YI.—The Government of China engage to open of their own accord, as early
•as possible, suitable cities and towns in Eastern Inner Mongolia for the residence
and trade of foreigners.
Art. VII.—The Government of China agree to a speedy fundamental revision of
various agreements and contracts relating to the Kirin-Changchun Railway, on the
t>asis of the terms embodied in'railway loan agreements which China has heretofore
-entered into with various foreign capital sts.
If in future the Chinese Government grant to foreign capitalists, in matters
that relate to railway loans, more advantageous terms than those in the various
existing railway loan agreements, the above-mentioned Kirin-Changchun Railway
Loan Agreement shall, if so desired by Japan, be further revised.
Art. VIII.—Except as otherwise provided in this Treaty, all existing treaties
between Japan and China with respect to Manchuria shall remain in force.
Art. IX.—The present Treaty shall take effect on the day of its signature.
The present Treaty shall be ratified by His Majesty the Emperor of Japm and
by His Excellency the President of the Republic of China, and the ratifications thereof
shall be exchanged at Tokyo as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed this Treaty made
in duplicate, in Japanese and in Chinese, and have hereunto affixed their seals.
Done at Peking the 25th day of the 5th month of the 4th year of Taisho,
corresponding to the 25th day of the 5th month of the 4th year of the inaugura-
tion of the Republic of China.
Eki Hioki,
Etc., etc., etc.
Lu Cheng-hsieng,
Etc., etc., etc.
FINAL PEOTOCOL MADE BETWEEN CHINA
AND ELEVEN POWEES, 1901
[Translation^
The Plenipotentiaries of Germany, Monsieur A. Mumm von Schwartzenstein ;
Austria-Hungary, Baron M. G’zikann; Belgium, Monsieur Joostens; Spain, Monsieur
B. J. de Cologan; United States, Mr. W. W. Rockhill; France, Monsieur Beau;
Great Britain, Sir Ernest Satow; Italy, Marquis Salvage Raggi; Japan, Monsieur
Jutaro Komuro; Netherlands, Monsieur F. M. Knobel; Russia, Monsieur Michael
de Giers; and the Plenipotentaries of China, His Highness Yi-K’uang, Prince of the
first rank; Ch’ing, President of the Board of Foreign Affairs; and His Excellency
Li Hung-chang, Count of the first rank, Su-Yi, Tutor of the Heir Apparent, Grand
Secretary of the Wen-Hua Throne Hall, Minister of Commerce, Superintendent of
Trade for the North, Governor-General of Chihli, have met for the purpose of
declaring that China has complied with the conditions laid down in the Note of the
22nd of December, 19u0, and which were accepted in their entirety by His Majesty
the Emperor of China in a Decree dated the 27th of December, 1900 (Annex No 1).
Art. I.—By an Imperial Edict of the 9th of June last (Annex No. 2) Tsai-
Feng, Prince of the first rank, Chun, was appointed Ambassador of His Majesty
the Emperor of China and directed in that capacity to convey to His Majesty the
Emperor of Germany the expression of the regrets of His Majesty the Emperor of
China and of the Chinese Government at the assassination of His Excellency the
late Baron von Ketteler, German Minister. Prince Chun left Peking the 12th of
July last to carry out the orders which had been given him.
Art. II.—The Chinese Government has stated that it will erect on the spot of
the assassination of H. E. the late Baron von Ketteler, a commemorative monument^
worthy of the rank of the deceased, and bearing an inscription in the Latin, German
and Chinese languages, which shall express the regrets of H. M. the Emperor of
China for the murder committed.
The Chinese Plenipotentiaries have informed H. E. the German Plenipotentiary,
in a letter dated the 22nd of July last (Annex No. 3) that an arch of the whole
width of the street would be erected on the said spot, and that work on it was begun
on the 25th of June last.
Art. Ha.—Imperial Edicts of the 13th and 21st of February, 1901 (Annexes
Nos. 4, 5 and 6), inflicted the following punishments on the principal authors of
the attempts and crimes committed against the Foreign Governments and their
nationals:—
Tsai-I, Prince Tuan, and Tsai-Lan, Duke Fu-ktio, were sentenced to be brought
before the Autumnal Court of Assize for execution and it was agreed that, if the
Emperor saw fit to grant them their lives, they should be exiled to Turkestan and
there imprisoned for life, without the possibility of commutation of these punishments.
Tsai Hsiin, Prince Chuang, Ying-Nien, President of the Court of Censors;
and Chao Shu-chiao, President of the Board of Punishments, were condemned to
commit suicide.
Yii Hsien, Governor of Shansi; Ch’i Hsiu, President of the Board of Rites; and
Hsii Ch’eng-yfl, formerly senior Vice-President of the Board of Punishments, were
condemned to death.
Posthumous degradation was inflicted on K’ang Yi, Assistant Grand Secretary,
President of the Board of Works; Hsu T’ung, Grand Secretary ; and Li Ping-hSng,
former Governor-General of Szu-ch’uan.
FINAL PEOTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 161
Imperial Edict of February 13th, 1901 (Annex No. 7), rehabilitated the
memories of Hsu Tung-yi, President of the Board of War; Li Shaif, President of
the Board of Works; Hsu Ching-ch’eng, Senior Vice-President of the Board of Civil
Office; Lien Yuan, Vice-Chancellor of the Grand Council; and Yuan Ch’ang,
Vice-President of the Court of Sacrifices, who had been put to death for having
protested against the outrageous breaches of International Law of last year.
Prince Chuang committed suicide on the 21st of February, 1901: Ting Nien and
Chao Shu-chiao on the 24th, Yu-Hsien was executed on the 22nd, Ch’i-Hsiu and Hsii
Ch’eng-yii on the 26th, Tung Fu-hsiang, General in Kansu, has been deprived of
his office by Imperial Edict of the 13th of February, 1901, pending the determination
of the final punishment to be inflicted on him.
Imperial Edicts dated the 29th April and the 19th August, 1901, have inflicted
various punishments on the provincial officials convicted of the crimes and outrages
of last summer.
Art. II&.—An Imperial Edict promulgated the 19th August, 1901 (Annex No. 8),
ordered the suspension of official examinations for five years in all cities where-
foreigners were massacred or submitted to cruel treatment.
Art. III.—So as to make honourable reparation for the assassination of
Mr. Sugiyama, Chancellor of the Japanese Legation, H.M. the Emperor of China by
an Imperial Edict of the 18Ui of June, 1901 (Annex No. 9), appointed Na T’ung,
Vice-President of the Board of Finances, to be his Envoy Extraordinary, and specially
directed him to convey to H.M. the Emperor of Japan the expression of the regret
of H.M. the Emperor of China and of his Government at the assassination of
Mr. Sugiyama.
Art. IV.—The Chinese Government has agreed to erect an expiatory monument
in each of the foreign or international cemeteries which were desecrated or in which
the tombs were destroyed.
It has been agreed with the Bepresentatives of the Powers that the Legations
interested shall settle the details for the erection of these monuments, China bearing
all the expenses thereof , estimated at ten thousand Taels for the cemeteries at Peking
and in its neighbourhood, and at five thousand Taels for cemeteries in the Provinces.
The amounts have been paid and the list of these cemeteries is enclosed herewith
(Annex No. 10).
Art. V.—China has agreed to prohibit the importation into its territory of arms
and ammunition as well as of materials exclusively used for the manufacture of arms
and ammunition.
An Imperial Edict has been issued on the 25th of August, 1901 (Annex No. 11),
forbidding- said importation for a term of two years. New Edicts may be issued
subsequently extending this by other successive terms of two years in case of
necessity recognised by the, Powers.
Art. VI.—By an Imperial Edict dated the 22nd of May, 1901 (Annex No. 12),
H. M. the Emperor of China agreed to pay the Powers an indemnity of four hundred
and fifty millions of Haikwan Taels.
This sum represents the total amount of the indemnities for States, Companies,
or Societies, private individuals and Chinese referred to in Article VI. of the Note of
December 22nd, 1900.
(a) These four hundred and fifty millions constitute a gold debt calculated
at the rate of the Haikwan Tael to the gold currency of each country
as indicated below:—
Haikwan Tael—Mark 3.055
Ausfro-Hungary crown 3.595
Gold dollar 0.742
Franc 3.740
Pound sterling <£0. 3s. Od.
Yen 1.407
Netherlands florin 1.796
Gold rouble 1.412
6
162 FINAL PEOTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901
This sum in gold shall bear interest at 4 per cent, per annum, and the
capital shall be reimbursed by China in thirty-nine years in the
manner indicated in the annexed plan of amortization (Annex No.
13). Capital and interest shall be payable in gold or at the rates of
exchange corresponding to the dates at which the different payments
shall fall due.
The amortization shall commence the 1st of January, 1902, and shall finish
at the end of the year 1940. The amortizations are payable annually,
the first payment being fixed on the first of January, 1903.
Interest shall run from the first of July, 1901, but the Chinese Government
shall have the right to pay off within a term of three years, beginning
January, 1902, the arrears of the first six months ending the 31st of
December, 1901, on condition, however, that it pays compound interest
at the rate of four per cent, per annu in on the sums, the payments of which
shall have been thus deferred.
Interest shall be payable semi-annually, the first payment being fixed on
the 1st of July, 1902,
(b) The service of the debt shall take place in Shanghai in the following
manner:—
Each Power shall be represented by a delegate on a commission of bankers
authorised to receive the amount of interest and amortization which
shall be paid to it by the Chinese Authorities designated for that
purpose, to divide it among the interested parties and to give a receipt
for the same.
(c) The Chinese Government shall deliver to the Doyen of the Diplomatic
Corps at Peking a bond for the lump sum, which shall subsequently be
converted into fractional bonds bearing the signature of the delegates
of the Chinese Government designated for that purpose. This
operation and all those relating to issuing of the bonds shall be
performed by the above-mentioned Commission, in accordance with
the instructions which the Powers shall send their delegates.
(d) The proceeds of the revenues assigned to the payment of the bonds
shall be paid monthly to the Commission.
(e) The revenues assigned as security for the bonds are the following:—
(1.) The balance of the revenues of the Imperial Maritime Customs after
payment of the interest and amortization of preceding loans secured on those
revenues, plus the proceeds of the raising to five perj cent, effective of the
present tariff on maritime imports, including articles until now on the free
list, but exempting,rice, foreign cereals and flourrf gold and silver bullion
and coin.
(2.) The revenues of the native Customs, administered in the open ports by
the Imperial Maritime Customs.
(3.) The total revenues of the salt gabelle, exclusive of the fraction previously
set aside for other foreign loans.
The raising of the present tariff on imports to five per cent, effective is
agreed to on conditions mentioned below. It shall be put in force two
months after the signing of the present Protocol, and no exceptions shall be
made except for merchandise in transit not more than tep days after the
said signing.
(1.) All duties levied on imports ad valorem shall be converted as far as
possible and as soon as may be into specific duties.
This conversion shall be made in the following manner:—The average
value of merchandise at the time of their landing during the three years
1897, 1898 and 1899, that is to say, the market price less the amount of
import duties and incidental exnonses, shall be taken as the basis for the
valuation of merchandise. ♦
PINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 163
Pending the result of the work of conversion, duties shall be levied
ad valorem.
(2.) The beds of the rivers Whangpoo and Peiho shall be improved with the
financial participation of China.
Art. VII.—The Chinese Government has agreed that the quarter occupied by
the Legations shall be considered as one specially reserved for their use and placed
under their exclusive control, in which Chinese shall not have the right to reside and
which may be made defensible.
The limits of this quarter have been fixed as follows on the annexed plan (Annex
No. 14.)—
On the East, Ketteler Street ( 10, 11, 12).
On the North, the line 5, 6, 7, 8, 9, 10.
On the West, the line 1, 2, 3, 4, 5.
On the South, the line 12-1 .drawn along the exterior base of the
Tartar wall and following the line of the bastions.
In the Protocol annexed to the letter of the 16th of January, 1901, China
recognised the right of each Power to maintain a permanent guard in the said quarter
for the defence of its Legation.
Art. VIII.—The Chinese Government has consented to raze the forts of Taku
and those which might impede free communication between Peking and the sea. Steps
have been taken for carrying this out.
Art. IX.—The Chinese Government conceded the right to the Powers in the
Protocol annexed to the letter of the 16th of January, 1901, to occupy certain points,
to be determined by an agreement between them for the maintenance of open com-
munication between the capital and the sea. The points occupied by the Powers
are:—Huang-ts’un, Lang-fang, Yang-ts’un, Tientsin, Chiin-liang-Ch’dng, Tong-ku,
Lu-t’ai, Tong-shan, Lan-chou, Chang-li, Ch’in-wang Tao, Shanhai-kwan.
Art. X.—The Chinese Government has agreed to post and to have published
during two years in all district cities the following Imperial Edicts:—
(а) Edict of the 1st of February, 1901 (Annex No. 15), prohibiting for
ever, under pain of death, membership in an anti-foreign society.
(б) Edicts of the 13th and 21st of February, 29th of April and 19th of
August, 1901, enumerating the punishments inflicted on the guilty.
(c) Edict of the 19th of August, 1901, prohibiting examinations in all cities
where foreigners were massacred or subjected to cruel treatment.
(d) Edict of the 1st of February, 1901 (Annex No. 16), declaring all
* Governors-General, Governors and Provincial or local officialsresponsible
for order in their respective districts, and that in case of new anti-foreign
troubles or other infractions of the Treaties which shall not be immedi-
ately repressed and the authors of which shall not have been punished,
these officials shall be immediately dismissed without possibility of
being given new functions or new honours.
The posting of these Edicts is being carried on throughout the Empire.
Art. XI.—The Chinese Government has agreed to negbtiate the amendments
deemed necessary by the Foreign Governments to the 'Treaties of Commerce and
Navigation and the other subjects concerning commercial relations with the object of
facilitating them.
At present, and as a result of the stipulation contained in Article VI. concern-
ing the indemnity, the Chinese Government agrees to assist in the improvement of
the courses of the rivers Peiho and Whangpoo, as stated below:—
(a) The works for the improvement of the navigability of the Peiho, begun
in 1898 with the co-operation of the Chinese Government, have been
resumed under the direction of an International Commission. As soon
as the administration of Tientsin shall have been handed back to the
Chinese Government it will be in a position to be represented on this
6*
164 FINAL PEOTOCOL BETWEEN CHINA AND ELEVEN POWEES, 1901
Commission, and will pay each year a sum of 60,000 Haikwan Taels
for maintaining the works.
(b) A Conservancy Board, charged with the management and control
of the works for straightening the Whangpoo and the improvement
of the course of that river, is hereby created.
This Board shall consist of members representing the interests of the Chinese
-Government and those of foreigners in the shipping trade of Shanghai.
The expenses incurred for the works and the general management of the under-
taking are estimated at the annual sum of 460,000 Haikwan Taels for the first twenty
years. This sum shall be supplied in equal portions by the Chinese Government and
•the foreign interests concerned. Detailed stipulations concerning the composition,
duties and revenues of the Conservancy Board are embodied in Annex No. 17.
Art. XII.- -An Imperial Edict of the 24th of July, 1901 (Annex No. 18),
reformed the Office of Foreign Affairs, Tsungli Yamen, on the lines indicated by the
Powers, that is to say, transformed it into a Ministry of Foreign Affairs, Waiwupu,
which takes precedence over the six other Ministries of State: the same Edict
appointed the principal members of this Ministry.
An agreement has also been reached concerning the modification of Court
Ceremonial as regards the reception of the Foreign Representatives, and has been the
subject of several Notes from the Chinese Plenipotentiaries, the substance of which
has been embodied in a memorandum herewith annexed (Annex No. 19).
Finally it is expressly understood that as regards the declarations specified above
and the annexed documents originating with the foreign Plenipotentiaries, the
French text only is authoritative.
The Chinese Government having thus complied to the satisfaction of the Powers
with the conditions laid down in the above-mentioned Note of December 22nd, 1900,
the Powers have agreed to accede to the wish of China to terminate the situation
created by the disorders of the summer of 1900. In consequence thereof the foreign
Plenipotentiaries are authorised to declare in the names of their Governments that,
with the exception of the Legation guards mentioned in Article VII., »the Interna-
tional troops will completely evacuate the city of Peking on the 17th of September,
1901, and, with the exception of the localities mentioned in Article IX., will withdraw
from the Province of Chihli on the 22nd of September, 1901.
The present Final Protocol has been drawn up in twelve identical copies and signed
by all the Plenipotentiaries of the contracting countries. One copy shall be given
to each of the Foreign Plenipotentiaries, and one copy shall be given to the Chinese
Plenipotentiaries.
(Signed) A. vox Mumm.
„ M. Czikann.
„ JOOSTENS.
„ B. J. DE CoLOGAN.
,, W. W. Rockhill.
„ Beau.
„ Ernest Satow.
„ Salvago Raggi.
„ JuTARO KoMURA.
„ F. M. Knobel.
„ M. DE Giers.
„ Yi K’uang.
„ Li Hung-chang.
Certified copy.
(Signed) A. d’Anthouard.
„ B. Kroupensky.
„ Reginald Tower.
„ Von Bohlenund Halback.
KOREA
TREATY OF ANNEXATION TO JAPAN
Concluded 29th August, 1910
DECLARATION
Notwithstanding the earnest and laborious work of reforms in the adminis-
•tration of Korea in which the G-overnment of Japan and Korea have been engaged for
more, than four years since the conclusion'of the agreement of 1905, the existing
system of Government in that country has not proved entirely equal to the duty
of preserving public order and tranquillity, and in addition a spirit of suspicion and
misgiving dominates the whole peninsula. In order to maintain peace and stability
in Korea, to promote the prosperity and welfare of Koreans and at the same time to
ensure the safety and repose of foreign residents, it has been made abundantly
clear that fundamental changes in the actual regime of Government are absolutely
essential. The Government of Japan and Korea being convinced of the urgent
necessity of introducing reforms respective to the requirements of the situation and
of furnishing sufficient guarantees for the future, have, with the approval of His
Majesty the Emperor of Korea, concluded through their respective Plenipotentiaries
a Treaty providing for the complete annexation of Korea to the Empire of# Japan.
By virtue of that important act, which shall take effect on its promulgation, the
Imperial Government of Japan undertake the entire government and administration
of Korea, and they hereby declare that- the matters relating to foreigners and foreign
trade in Korea shall be conducted in accordance with the following rules:—
1. —The Treaties hitherto concluded by Korea with
operative, Japan’s existing treaties will, so far as practicable, be applied in Korea.
Foreigners resident in Korea will, as far as conditions permit, enjoy the same rights
and immunities as in Japan proper and the protection of their legally acquired
rights, subject in all cases to the jurisdiction of Japan. The Imperial Government
of Japan are ready to consent that the jurisdiction in respect of cases actually pend-
ing in any foreign Consular Courts in Korea at the time the Treaty of Annexation
takes effect shall remain in such Courts until final decision.
2. —Independently of any conventional engageme
subject, the Imperial Government of Japan will for a period of ten years levy upon
goods imported into Korea from foreign countries or exported from Korea to foreign
countries and upon foreign vessels entering any of the open ports of Korea the same
import or export duties and the same tonnage dues as under the existing schedules.
The same import or export duties and tonnage dues as those to be levied upon the
aforesaid goods and vessels will also for a period of ten years be applied in respect
of goods imported into Korea from Japan or exported from Korea to Japan and
Japanese vessels.
3. —The Imperial Government of Japan will als
years vessels under the flags of Powers having treaties with Japan to engage in the
coasting trade between the open ports of Korea and between those ports and any
open ports of Japan.
166 TREATY OF ANNEXATION TO JAPAN
4.—The existing open ports of Korea, with the exception of Masampo, will be
continued as open ports, and in addition Shinwiju will be newly opened, so that
vessels, foreign as well as Japanese, will there be admitted and goods may be im-
ported into and exported from those ports.
Treaty
His Majesty the Emperor of Japan and His Majesty the Emperor of Korea,
having in view the special and close relations between their respective countries,
desiring to promote the common weal of the two nations and to assure permanent
peace in the Extreme East, being convinced that these objects can be best attained
by the annexation of Korea to the Empire of Japan, have resolved to conclude a
treaty of such annexation and have for that purpose appointed as their plenipoten-
tiaries, that is to say. His Majesty the Emperor of Japan, Viscount Masakata
Terauchi, His Resident General; and His Majesty the Emperor of Korea, Ye Wan
Yong, His Minister President of State, who, upon mutual conference and deliberation,
have agreed to the following Articles :—
I. —His Majesty the Emperor of Korea makes complete aud perman
to His Majesty the Emperor of Japan of all rights of sovereignty over the whole
of Korea.
II. —His Majesty the Emperor of Japan accepts the concession men
preceding Article and consents to the complete annexation of Korea to the Empire
of Japan.
III. —His Majesty the Emperor of Japan will accord to their
Emperor and Ex-Emperor and His Imperial Highness the Crown Prince of Korea
and their consorts and heirs such titles, dignity and honour as are appropriate to-
their respective ranks, and sufficient annual grants will be made for the maintenance
of such*titles, dignity and honour.
IV. —His Majesty the Emperor of Japan will also accord appropriat
treatment to the members of the Imperial House of Korea and their heirs other than
those mentioned in the preceding Articles, and the funds necessary for the mainten-
ance of such honour and treatment will be granted.
V. —His Majesty the Emperor of Japan will confer peerages and
grants upon those Koreans who on account of meritorious services are regarded as
deserving such special recognition.
VI. —In consequence of the aforesaid annexation the Government
sume the entire government and administration of Korea and undertake to afford full
protection for the persons and property of Koreans obeying the laws there in force
and to promote the welfare of all such Koreans.
VII. —The Government of Japan will, so far as circumstances perm
the public service of Japan in Korea those Koreans who accept the new regime loyally
and in good faith and who are duly qualified for such service.
VIII. —The Treaty, having been approved by His Majesty the Em
and His Majesty the" Emperor or Korea, shall take effect from the date of its-
promulgation.
REGULATIONS UNDER WHICH BRITISH TRADE IS
TO BE CONDUCTED IN COREA (CHOSEN)
I.—Entrance and Clearance of Vessels
1. —Within forty-eight hours (exclusive of Sundays and
arrival of a British, ship in a Corean port, the master shall deliver, to the Corean
Customs authorities the receipt of the British Consul showing that he has deppsited
-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.
2. —If any error is discovered in the manifest, it may be corr
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 C
within the time fixed by this Begulation 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 tha
(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 I’equired
to enter or pay tonnage dues so long as such vessel does not engage in trade.
5. —When the master of a vessel wishes to clear, he shall han
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 outw
above prescribed, the master shall be liable to a penalty not exceeding Two Hundred
Mexican Dollars.
7. —British steamers may enter and clear on the same day, a
required to hand in a manifest except for such goods as are to be landed or transhipped
at the port of entry.
168 KEGrULATIONS FOR BRITISH TRADE WITH COREA
II.—-Landing and Shipping Cargo and Payment of Duties
1. —The importer of any goods who desires to land them shall
application to that effect at the Custom-house, stating his own name, the name of the
ship in which the goods have been imported, the marks, numbers, and contents of the
packages and their values, and declaring that this statement is correct. The Customs
authorities may demand the production of the invoice of each consignment of
merchandise. If it is not produced, or if its absence is not satisfactorily accounted for,
the owner shall be allowed to land his goods on payment of double the Tariff duty,
but the surplus duty so levied shall be refunded on the production of the invoice.
2. —All goods so entered may be examined by the Customs of
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 paying an
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, lie shall within twenty-four hours (exclusive of Sundays and holidays)
state his reasons for such dissatisfaction to the Commissioner of Customs, and shall
appoint an appraiser of his own to make a re-appraisement. He shall then declare
the value of the goods as determined by such re-appraisement. The Commissioner
of Customs will thereupon, at his option, either assess the duty on the value deter-
mined by this re-appraisement, or will purchase the goods from the importer or
exporter at the price thus determined, with the addition of five per cent. In the
latter case the purchase money shall be paid to the importer or exporter within five
days from the date on which he has declared the value determined by his own
appraiser.
4. —Upon all goods damaged on the voyage of importation a
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
house before they are shipped. The application to ship shall be made in writing, and
shall state the name of the vessel by which the goods are to be exported, the marks
and number of the packages, and the quantity, description, and value of the contents.
The exporter shall certify in writing that the application gives a true account of all
the goods contained therein, and shall sign his name thereto.
6. —No goods shall be landed or shipped at other places than th
Corean 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 Customs
authorities for duties which have not been fully paid, shall be entertained only when
made within thirty days from the date of payment.
8. —No entry will be required in the case of provisions for th
ships, their crews and passengers, nor for the baggage of the latter 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 purp
payment of duty. All goods so landed shall remain in charge of the Corean 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.
BEGULATIONS FOE BRITISH TRADE WITH COREA 169
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 plac
board any British merchant vessel in their ports. All such Customs officers shall have
access to all parts of the ship in which cargo is stowed. They shall be treated with
-civility, and such reasonable accommodation shall be allowed to them as the ship affords.
2. —The hatches and all other places of entrance into that p
cargo is stowed may be secured by the Corean 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 Corean 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 Corea shall be liable to a fine not exceeding Two Hundred Mexican
Dollars.
5. —Any violation of any provision of these Regulations, t
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 Corean Customs authorities, may be written in the English language.
[l.s.] Harry S. Parkes.
Min Yong-mok.
170 COEEAN TAE1FF
1
RT S
Ad valorem Article. Rate Ad valorem
No. Abticle. Rate Perofcent. Duty. No. Perofcent.
Duty.
12 Agricultural implements Free 5051 Enamel-ware
Explosives ... &c., and...20
Alum
Amber and...chains... ... ... ... ... ... 2055
34 Anchors imported used underforspecialmining,permit 10"
5253 Feathers,
Fans, all kinds all ...kinds ... ... ... ... •••... ... 7k7k7k
... ...
5 Arms,
pieces,ammunition,
or sidearms fire-arms,
imported fowling-
under 5455 Felt ...
special
ment permit of the Corean Govern-
defence flowers... ... ... ... ... ...self-... 2020
for sporting purposes or for 5657 Fire
Fireworks
Fish,
engines... ... ... ... ... ... ... ... Free
fresh and salted ...' 205
5859 Flax,„* dried 7k
786 'ABamboo,
rtificial
Bark forpeas,split
tanning or not ... ... ... o5 Flintsrugs, all... kinds... ... ... ... ... ... 557k:
6061 Floor hemp, and jute
910 Beans, Beer, porter,such and
andpulse, all ...kinds ... ... 105
ciderlemonade, 6263 Flour and meal, all kinds... ... ... ■■ ... 107^
11 Beverages, asmineral
Birds’ nestsand...rugs ... waters
1213 Blankets beer, soda and ginger-
... ... ... 207£7£ 6465 Foil,,, tin,
Fruit,
gold
fresh,
and silver
copper,
all and all other
kinds ... kinds...
... ... 7k 5
1415 Bones ...and charts... ... ... ... ... Free5 6667 Furniture
,, dried,of allsalted, kinds or preserved
... ... 10
1617 Books,Bricks maps,tiles
and ... silver...refined... ... Free5 68 Furs, otter,superior,
beaver,as&c.sable,...sea otter,•••seal, 207k
Bullion, being gold or 6970 Gamboge
Ginseng, red, white,
1819 Buttons, buckles,
crude ... ... and... eyes,
hooks ... &c.... 107£5 71 Glass, window, plaincrude, and clarified
and coloured, all... 20Tk
2021 Camphor, ,, refined ... qualities
72 Candles ... ...
232224 Carpets
Canvas
Carmine of jute, hemp, or felt, patent
... ... ... 7$7?
10 framedplate,
7374 Glassware,
silvered or unsilvered,
orallunframed...
kinds... .. . . ... ... 10105
Glue
7576 Grain and corn,
25 Carpets, tapestry superior quality,
Kidderminster, and otheras kinds
...
Brussels, ...
not 10
7a Grasscloth,
jute, &c and allall kinds textiles... in hemp,
... 5
••• 7k5
enumerated Guano
7778 Hair, and manures, all kinds ...
2627 Carpets,
2829 Carriages...
Cement,
velvet ... ... ... ... ... ... ... .2020 human... gold and silver _... 10207k
all kinds
,,„ ornaments,
808179 Hides
except human
Charcoal... allPortland
3031 Chemicals,
as ... and... other...kinds ... 7|71
kinds 8283 Horns„ and ,,skins, tanned raw andandundresseddressed .7k5
Clocks and parts thereof ...all kinds,... 10 providedand hoofsfor all kinds... not otherwise
...
32 Clothing
33 Clothing hats, and wearing
boots apparel,
andsilkwearing apparel made... 107|
and shoes, &c. ... Incense sticksmanufactured
8485 India-rubber, ... ...or...not... ...... 20105
3435 Coal wholly
and ofcoke ... ... ... 5 8687 Isinglass, all kinds ...or not... ... ... ... 20
3637 Coins,Cochineal
Cocoonsgold and ... silver... ... ... ... ... ...20 7& 8889 Ivory,
Jade-ware
Jewellery,
manufactured
real orpetroleum,
imitation and other 20 20
3839 Confectioneriesand sweetmeats, all kinds Free
10 90 Kerosine, or
minerial oils ...common ... ... ... 5
4041 Coral,Cordage manufactured
and ...rope, all...orkindsnot ...and sizes... ... 207j 9192 Lacquered-ware, „ superior ... .. 2010
42 Cotton manufacture, all kinds... ... 57i
Cotton, raw ... ... 9394 Lamps, all
Lanterns,allpaper
9596 Leather,
kinds
ordinary kinds, plain...
7k
57k
43 Cotton Cotton and
andallwoollen
silkkinds mixtures,allallkinds
mixtures, kinds ... 7i7i „ superior kinds, and stamped, 10
Cutlery, figured, or coloured
Drugs,
Dyes, all
colours,kinds and ...
paints, ...
paint ... 57 k
oils,
Leather
989799 Lime manufactures, all kinds ... 51
and materials used for... mixing... paints... 7k7 5 Linen, linen and cotton, linen and wool-
Earthenware
Embroideries in ...gold, silver, or silk 20 alllen mixtures,
kinds linen and silk mixtures, 7$>.
COEEAN TAEIFF 171
No. Article. Eate Ad valorem Ad valorem
Perofcent.Duty. No. Article. EatePerofcent. Duty.
100 Matches ... 5 147 Scientific thematical, instruments, as physical, ma-
101 Matting,
&c., common floor, Chinese,
qualitiesJapanese, ... coir,... 5 148 Seals, and theirmeteorological,
gical,materials appliances... and...sur-Free
for... 10
•102 Matting, superior qualities, Japanese 149 Sea
“ tatamis,” &e.
103 Meat, fresh... ... ... ... 5 150 Seeds,
... 7j &c. all... binds... ... beche-de-mer,
products, as seaweed,
... or ...waste 7*57b
.104 Meat, dried and salted ... 7j lol Silk, raw, reeled, thrown,
152 Silk manufactures, as gauze, crape, floss
105 Medicines, all ...kinds ...not otherwise
providedall forkinds, ... ingot,... 5 Japanese amber
106 Metals,
slab, bar, rod, in
plate, pig,
sheet, block,
hoop, strip, damasks,
silk figuredlustrings,
(“habutai”) satins, Japanesesatins,white satin
10 •
band and iron...
and scrap flat, T and...angle-iron, ... cor- old... 5 153 Silk manufactures
for and...floss not
videdthread ... otherwise
... pro-... 1010
107 Metals, all kinds, pipe or tube, 154 Silk
155 Soap, silk in skein...
rugated
plates. orquicksilver,
galvanized,nickel, wire, steel, tin-
platina, 156 common
Soap,Chinese qualities ... ... ... ... 7110
superiorandqualities
G-erman
auge silver, yellow metal,
or white ...copper,...unrefined tuten-
gold... 7i 158 157 Soy,
Spectaclesall kinds Japanese... .. ... ... 207j5
and silver
108 Metal manufactures, all kinds, ...as nails, 159
160 Spices,
Spirits, in jarsliqueurs,... in wood ... or bottle,... 7b
screws,
and tools,machinery,... railway
hardware... ... plant,... 7J 161 Spirits all and
kinds ... ... 20
rl09
110 Models ofnetting,
Mosquito inventions not made of silk ... Free 162 Stationery
7£ 163 binds,andblankand writing&c. materials,
books, ... ...all 7b7*
111
\!12 „
Musical „ made of silk... 10 Stones
boxes... all kinds ... 1010 164 Sugar, brown and white, all qualities, slate, cut and dressed...
113 Musical instruments, molasses,
114
115 Musk
Needles and pins... ... ... 207i 165 Sugar
166 Sulphur candyand ...syrups ... ... ... ... ... ... 107$7b
116 Oils,
117 Oil-cake
vegetable, all kinds ... ... 557£ 167 Table stores, all kinds, and preserved 74
118 Oil,
Oil, and
wood (Tung-yu)... 168 provisions
Tallow
119
120 Packing floor-cloth,
bags, packing all kinds
matting, ...
tea- 7£ 169
170 Tea and binocular glasses ... 10747
Telescopes
lead, and ropes for packing goods Free5 171 Tobacco, all kinds and forms
121 Paper,
122 ,, allcommon
kinds, notqualitiesotherwise provided 7j 172 173 Tortoise
Tooth shell, manufactured
powder... ... or... not ... 1020020
123 for
Paper,coloured,fancy,wall and hanging 1C 174 Travellers’baggage... ... ... Free
124 Pearls . 520 175 Trunksandandthread,
176 Twine portmanteaux 10
125
126 Pepper,
Perfumes unground
and scent 20 177 in silknew and oldall ...kinds, exceptingFree
Types, 5
127
128 Photographic
Pictures, prints,apparatus photographs, engrav- 10 178 Umbrellas, paper
ings, all kinds framed or unframed... 10 179 „,, cotton
180 silk ... ... ... 10 745
129
130 Pitch andsofttar 5 181 Umbrella frames ...
131 Planks,
„ treeshard and shrubs, all kinds ... Free 107£ 183
182 Varnish
Vegetables, fresh, dried, ... salted... ... 74574
and
132 Plants,
133 Plate, gold andall silver 184 Velvet, silk... ... ... ... ... ... 2074
134 Plated-ware, kindsqualities ... 20107i 185 186 Vermicelli
Vermilion
135 Porcelain,
136 Precious
,, stones, common
superiorall binds,
qualitiesset or unset 2010 187 Watches, and parts
metal, nickel, thereof in common ' 1010
ororsilver
137
'139
138 Eattans, splithorns 188 Watches,
or not... ... ... ... 205 189 Wax, bees’ or vegetable in gold gilt ... ... 2074
140 Ehinoceros ... 1071 191 Wines in wood or bottle, all... kinds... ... 1074
190 ,, cloth... ...
141 Eesin
Saddlery ...and harness
...
192 Wood
142
143 Salt
Samples in reasonable quantities ... ... Free yj 193
194 „ orsheep’s,
Wool,
timber,
,, raw...soft
hard ... ... 10574
144 Sapanwood
145 Scales ... ... ... 7^ 195 Woollen manufactures, all kinds ... 74
146 Scentedandwood, balancesall kinds 205 196 Woollen
kinds and silk mixtures, all••• 74
172 COREAN TARIFF
Prohibited Goods.
No. Article. RatePerofvalorem
Ad Duty.
cent. Adulterated drugs or medicines.
197 Yarns,
Works allof artkinds, in...cotton,...wool, hemp,
... 20 ns ordnance, Arms,ormunitions, shotandandimplements
cannon, side-arms, shell, of war-of
firearms
198 &c 5 allsaltpetre,
kinds, gunpowder,
cartridges, spears or pikes,-
Allmanufactured...
unenumerated articles, raw... or un-... 5 other explosive substances. guncotton, dynamite, and
Allfactured
unenumerated... articles, ... partly manu- The Corean authorities will grant special
Allmanufactured...
unenumerated articles, ... ... 7j permits
... completely ammunition for theforimportation
purposes of ofsportarms, firearms, andon
ortoself-defence
... 10 satisfactory
bona fide character of the application. them of the-
proof being furnished
aCents Foreign
dutyperofton ships,
25 cents when sold in Corea, will
per ton on sailing vessels, and 50 pay Counterfeit coins, all kinds.
on steamers. Opium, except medicinal opium.
EXPORTS
Class I. Class II.
Duty-Free Export Goods. All
enumerated other native
in Class goods or productions not"
Bullion, being
Coins, gold andandgoldsilver,
andallsilver refined. duty of five per cent. I. will pay an ad valorem
Plants,
Samples trees,
in reasonable allkinds.
shrubs,quantity.
kinds. bited. The exportation of red ginseng is prohi"
Traveller’s baggage.
RULES
actualI. —In placetheoftheadproduction
case of imported articles with
the adthevalorem dutiesfreight,
of thisinsurance,
Tariff will be ca
etc. Incosttheofcase
the ofgoods
exportat the
articles valorem orduties
fabrication,
will be calculated addition
on marketof values in Corea.
II. —Duties may be paid in Mexican Dollars or Japanese silver Yen.
III. —The above Tariff of import and export duties shall be converted, as soon a
astwomaycountries.
be deemed desirable, into specific rates by agreement between the competent authorities of the-
[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, 25th 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, Yiscount 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’ ;
VYho, 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 anct
defence of their rights; they shall be at liberty equally with native subjects to
choose and employ lawyers, advocates, and representatives to pursue and defend
their rights before such Courts, and in all other matters connected with the
administration of justice they shall enjoy all the rights and privileges enjoyed by
native subjects.
In whatever relates to rights of residence and travel; to the possession of goods
and effects of any kind ; to the succession to personal estate, by will or otherwise,
and the disposal of property of any sort in any manner whatsoever which they may
lawfully acquire, the subjects of each contracting party shall enjoy in the dominions
and possessions of the other the same privileges, liberties, and rights, and shall be
subject to no higher imposts, or charges in these respects than native subjects, or
subjects or citizens of the most favoured nation. The subjects of each of the
contracting parties shall enjoy in the dominions and possessions of the other entire
liberty of conscience, and, subject to the Laws, Ordinances, and Regulations, shall
enjoy the right of private or public exercise of their worship, and also the right of
burying their respective countrymen, according to their religious customs, in such
suitable and convenient places as may be established and maintained for that purpose.
They shall not be compelled, under any pretext whatsoever, to pay any charges
or taxes other or higher than those that are, or may be, paid by native subjects, or
subjects or citizens of the most favoured nation.
174 TEEXTY 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 armv, navy, na'ional guards, or militia,
from all contributions imposed in lieu of personal service; and from all forced loan
or military exactions or contributions.
Article Ilf.—There shall be reciprocal freedom of commerce and navigation
between the dominions and possessions of the two high contracting parties.
The subjects of each of the high contracting parties may trade in any part of
the dominions and possessions of the other by wholesale or retail in all kinds of
produce, manufactures, and merchandize of lawful commerce, either in person or by
agents, singly, or in partnership with foreigners or native subjects: and they may
there own or hire and occupy the houses, manufactories, warehouses, shops, and
premises which may be necessary for them, and lease land for residential and
commercial purposes, conforming themselves to the Laws, Police, and Customs
Regulations of the country like native subjects.
They shall have liberty to come with their ships and cargoes to all places, ports,
and rivers in the dominions and possessions of the other which are or may be
opened to foreign commerce, and shall enjoy, respectively, the same treatment, in
matters of commerce and navigation, as native subjects, or subjects or citizens of the
mostfavourednation, without having to pay taxes, imposts, or duties, of whatever
nature or under whatever denomination levied in the name or for the profit of
the Government, public functionaries, private individuals, corporations, or establish-
ments of any kind, other or greater than those paid by native subjects, or subjects
or citizens of the most favoured nation, subject always to the Laws, Ordinances, and
Regulations ol each country.
Article IV. — 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 V.—No other or higher duties shall be imposed on the import ition into
the dominions and possessions of Her Britannic Majesty of any article, the produce
or manufacture of dominions and possessions of His Majesty the Emperor of Japan,
from whatever place arriving; and no other or higher duties shall be imposed on the
importation into the dominions and possessions of His Majesty the Emperor of
Japan of any article, the produce or manufacture of the dominions and possessions
of Her Britannic Majesty, from whatever place arriving than on the like article
produ ed 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. Tnis 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 any other foreign
country;, nor shall any prohibition be impose 1 on the exportation of any article from
the dominions and possessions of either of the two contracting parties to the
dominions and possessions of the other which shall not equally extend to the
exportation of the like article to any other country.
Article VII. —The subjects of each of the high contracting parties shall enjoy
TREATY BETWEEN GREAT BRITAIN AND JAPAN 175
in the dominions and possessions of the other exemptions from all transit duties
and a perfect equality of treatment with native subjects in all that relates to
warehousing, bounties, facilities, and drawbacks.
Article VIII.—All articles which are or may be legally imported into the ports
of the dominions and possessions of His Majesty the Emperor of Japan' in Japanese
vessels may likewise be imported into those ports in British vessels, without being
liable to any other or higher duties or charges of whatever denomination than if such
articles were imported in Japanese vessels; and, reciprocally, all articles which are or
may be legally imported into the ports of the dominions and possessions of Her
Britannic Majesty in British vessels may likewise be imported into those ports in
Japanese vesssels, without being liable to any other or higher duties or charges of
whatever denomination than if such articles were imported in British vessels. Such
reciprocal eq uality 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 of
the contracting parties or of any third Power.
Article IX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine,
or other similar or corresponding duties of whatever nature or under whatever
denomination, levied in the name, or for the profits of the Government, public
functionaries, private individuals, corporations, or establishments of any kind, shall
be imposed in the ports of the dominions and possessions of either country upon the
vessels of the other country which shall not equally and under the same conditions
be imposed in the like cases on national vessels in general, or vessels of the most
favoured nation. Such equality of treatment shall apply reciprocally to the
respective vessels, from whatever port or place they may arrive, and whatever may
be their place of destination.
Article X.—In all that regards the stationing, loading, and unloading of vessels
in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and
possessions of the two countries, no privilege shall be granted to national vessels
which shall not be equally granted to vessels of the other country ; the intention of
the high contracting parties being that in this respect also the respective vessels
shall be treated on the footing of perfect equality.
Article XI.—The coasting trade of both • the high contracting parties is
excepted from the provisions of the present Treaty, and shall be regulated according
to the Laws, Ordinances, and Regulations of Japan and of Great Britain respec-
tively. It is, however, understood that Japanese subjects in the dominions and
possessions of Her Britannic Majesty and British subjects in the dominions and
possessions of His Majesty the Emperor of Japan shall enjoy in this respect the
rights which are or may be granted under such Laws, Ordinances, and Regulations
to the subjects or citizens of any other country.
A Japanese vessel laden in a foreign country with cargo destined for two or
more ports in the dominions and possessions of Her Britannic Majesty and a British
vessel laden in a foreign country with cargo destined for two or more ports in the
dominions and possessions of His Majesty the Emperor of Japan may discharge a
portion of her cargo at one port, and continue her voyage to the other port or ports
of destination where foreign trade is permitted, for the purpose of landing the
remainder of her original cargo there, subject always to the Laws and Custom-
house Regulations of the two countries.
The Japanese Government, however, agrees to allow British vessels to continue,
as heretofore, for the period of the duration of the present Treaty, to carry cargo
between the existing open ports of the Empire, excepting to or from the ports of
Osaka, Niigata, and Ebisu-minato.
176 TREATY BETWEEN GREAT BEITAIN AND JAPAN
Article XII.—Any ship of war or merchant vessel of either of the high
contracting parties which may be compelled by stress of weather, or by reason of
any other distress, to take shelter in a port of the other, shall be at liberty to refit
therein, to procure all necessary supplies, and to put to sea again, without paying
any dues other than such as would be payable by national vessels. In case, how-
ever, the master of a merchant vessel should be under the necessity of disposing of
a part of his cargo in order to defray the expenses, he shall be bound to conform to
the Regulations and Tariffs of the place to which he may have come.
If any ship of war or merchant vessel of one of the contracting parties should
run aground or be wrecked upon the coast of the other, the local authorities shall
inform the Consul-G-eneral, Consul, Vice-Consul, or Consular Agent of the district
of the occurrence, or, if there be no such Consular officer, they shall inform the
Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest district.
All proceedings relative to the salvage of Japanese vessels wrecked or cast on
shore in the territorial -waters of Her Britannic Majesty shall take place in accordance
with the Laws, Ordinances, and Regulations of Great Britain, and, reciprocally, all
measures of salvage relative to British vessels wrecked or cast on shore in the
territorial waters of His Majesty the Emperor of Japan shall take place in accordance
with the Laws, Ordinances, and Regulations of Japan.
Such stranded or wrecked ship or vessel, and all parts thereof, and all furniture,
and appurtenances belonging thereunto, and all goods and merchandise saved
therefrom, including those which may have been cast into the sea, or the proceeds
thereof, if sold, as well as all papers found on board such stranded or wrecked ship
or vessel, shall b * given up to the owners or their agents, when claimed by them.
If such owners or agents are not on the spot, the same shall be delivered to the
respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents upon being
claimed by them within the period fixed by the laws of the country, and such
Consular officers, owners, or agents shall pay only the expenses incurred in the
preservation of the property, together with the salvage or other expenses which
would have been payable in the case of a wreck of a national vessel.
The goods and merchandise saved from the wreck shall be exempt from all the
duties of Customs unless cleared for consumption, in which case they shall pay the
ordinary duties.
When a ship or vessel belonging to the subjects of one of the contracting
parties is stranded or wrecked in the territories of the other, the respective Consuls-
General, Consuls, Vice-Consuls, and Consular Agents, shall be authorized, in case
the owner or master, or other agent of the owner, is not present, to lend their official
assistance in ox-der 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 tie deemed
British vessels, shall, for the purposes of this Treaty, be deemed Japanese and
British vessels respectively.
Article XIV.—The Consuls-General, Consuls, Vice-Consuls, and Consular Agents
of each of the contracting parties, residing in the dominions and possessions of the
other, shall receive from the local authorities such assistance as can by law be given
to them for the recovery of deserters from the vessels of their respective countries.
It is understood that this stipulation shall not apply to the subjects of the
country where the desertion takes place.
Article XV.—The high contracting parties agree that, in all that concerns
commerce and navigation, any privilege, favour, or immunity which either contract-
ing party has actually granted, or may hereafter grant to the Government, ships,
subjects, or citizens of any other State, shall be extended immediately and uncondi-
. tionally to the Government, ships, subjects, or citizens of the other contracting
party, it being their intention that the trade and navigation of each country shall
be placed, in all respects, by the other on the footing of the most favoured nation.
TREATY BETWEEN GREAT BRITAIN AND JAPAN 177
Article XVI.—Each of the high contracting parties may appoint Consuls-
8-eneral, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents in all the ports,
cities, and places of the other, except in those where it may not be convenient to
recognize such officers.
This exception, however, shall not be niade in regard to one of the contracting
parties without being made likewise in regard to every other Power.
The Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents
may exercise all functions, and shall enjoy all privileges, exemptions, and immunities
which are or may hereafter be granted to Consular officers of the most favoured nation.
Article XVII.—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 publie 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 fo—
India. South Australia. Queensland. Hew South Wales.
The Cape. +The Dominion of Canada. Western Australia. Tasmania.
Victoria. Natal. Newfoundland. New Zealand.
Provided always that the stipulations of the present Treaty shall be made
applicable to any of the above-named Colonies or foreign possessions on whose behalf
notice to that effect shall have been given to the Japanese Government by Her
Britannic Majesty’s Representative at Tokyo within two years from the date of the
exchange of ratifications of the present Treaty.
-Great* Owing
Britain, to France
serious and
difference
Germany of opinion
of thewhichother arose between Japan
part regarding of the one partof this
the interpretation and
clause with
Governments regard to leases
of Germany, held in
France and perpetuity, an
GreatandBritainArbitration Tribunal was appointed. The
Professor
Affairs, andof Law
Japan in named
the University of Paris
as ofArbitrator Legalnamed
His Excellency Adviser astoArbitrator
Itchiro
M. Louisof Renault,
the Department
Motono, EnvoyDoctor Foreign
Extraordinary
and
M. Minister
Gregers Plenipotentiary
Gram, formerly His
Norwegian Majesty the
Minister Emperor
of State, of Japan,
was chosenat Paris,
by the of Law.as
Arbitrators
Umpire. The
votesProtocols
and declared Tribunal sat
that: “The at The Hague,
provisions and
of the on
the land May
Treaties 22nd,
and 1905, decided
other engagements by a majority
mentioned inof
the
granted of Arbitration
by or on behalf exempt not
of theorGovernment only
ofhereafterbe held in virtue
Japan, butconstructed
they exempt of the leases
the land in perpetuity
every description
taxes, charges, constructed
contributions or which maywhatsoever,
conditions other than on such
those land and
expressly
buildings
allimposts,inof
fromstipulated
the leases in question.” Mr. Motono recordedwashissigned
entireindisagreement
Tokyo makingwiththetheStipulations
decision. of
this tTreaty
On January 31st,to1906,
applicable an agreement
the Dominion of Canada.
178 TEEATY BETWEEN GKEAT BBITAIN AND JAPAN
Article XX.—The present Treaty shall, from the date it comes into force, be*
substituted in place of the Conventions respectively of the 23rd day of the 8tb
month of the 7th year of Kayai, corresponding to the 14th day of October, 1854,.
and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to -
the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th
year of Ansei, corresponding to the 26th day of August, 1858, and all Arrangements
and Agreements subsidiary thereto concluded or existing between the high con-
tracting parties; and from the same date such Conventions, Treaty, Arrangements
and Agreements shall cease to be binding, and, in consequence, the jurisdiction
then exercised by British Courts in Japan, and all the exceptional privileges, exemp-
tions, and immunities then enjoyed by British subjects, as a part of or appurtenant
to such jurisdiction, shall absolutely and without notice cease and determine, and
thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts.
Article XXI.—The present Treaty shall not take effect until at least five years -
after its signature. It shall come into force one year after His Imperial Japanese■
Majesty’s Government shall have given notice to Her Britannic Majesty’s Govern-
ment of its wish to have the same brought into operation. Such notice may be given
at any time after the expiration of four years from the date hereof. The Treaty shall
remain in force for the period of twelve years from the date it goes into operation.
Either high contracting party shall have the right, at any time after eleven
years shall have elapsed from the date this Treaty takes effect, to give notice to the ■
other of its intention to terminate the same, and at the expiration of twelve months
after such notice is given this Treaty shall wholly cease and determine.
Article XXII.—The present Treaty shall be ratified, and the ratifications thereof'
shall be exchanged at Tokyo as soon as possible, and not later then 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.
Bone at London, in duplicate, this sixteenth day of the seventh month of the-
twenty-seventh year of Meiji.
[L.S.] Kimbeelev.
„ Aoki.
Peotocol
The Government of Her Majesty the Queen of Great Britain and Ireland and
Empress of India, and the Government of His Majesty the Emperor of Japan, deeming ‘
it advisable in the interests of both countries to regulate certain special matters of ’
mutual concern, apart from the Treaty of Commerce and Navigation signed this day,
have, through their respective Plenipotentiaries, agreed upon the following stipula-
tions:—
1.—It is agreed by the contracting parties that one month after the exchange -
of the ratifications of the Treaty of Commerce and Navigation signed this day, the
Import Tariff hereunto annexed shall, subject to the provisions of Article XXIII. of
the Treaty of 1858 at present subsisting between the contracting parties, as long
as the said Treaty remains in force and thereafter, subject to the provisions of
Articles Y. and XV. of the Treaty signed this day, be applicable to the Articles
therein enumerated, beinsr 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.
SUPPLEMENTARY CONVENTION BETWEEN GREAT BRITAIN AND JAPAN 179
. The ad valorem duties established by the said Tariff shall, so far as may be
■deemed practicable, be converted into specific duties by a supplementary Convention,
■which shall be concluded between the two Grovernments within six months from the
■date of this Protocol; the medium prices, as shown by the Japanese Customs
Beturns 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 poit of discharge, as well as commission,
tif any, shall be taken as the basis for such conversion. In the event of the
Supplementary Convention not having come into force at the expiration of the period
for the said Tariff to take effect, ad valorem duties in conformity with the rule
■ recited at the end of the said Tariff shall, in the meantime, be levied.
In respect of articles not enumerated in the said Tariff, the General Statutory
Tariff of Japan for the time being in force shall, from the same time, apply, subject,
as aforesaid, to the provisions of Article XXIII. of the Treaty of 1858 and Articles
V. and XV. of the Treaty signed this day, respectively.
From the date the Tariffs aforesaid take effect, the Import tariff now in opera-
■tion in Japan in respect of goods and merchandise imported into Japan by British
subjects shall cease to be binding.
In all other respects the stipulations of the existing Treaties and Conventions
shall be maintained unconditionally until the time when the Treaty of Commerce
■and Navigation signed this day comes into force.
2. —The Japanese Government, pending the opening of the count
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 Oflice 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 th
• 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
5 have affixed thereto the seal of their arms.
Done at London, in duplicate, this sixteenth day of July, in the year of our
Lord one thousand eight hundred and ninety-four.
[l.s.] Kimberley. [l.s.] Akoi.
[Jr place of the Tariff above referred to are given in the following pages the Tariff
■ officially promulgated in 1906, which embodies all the changes effected by Treaties with
■ other Powers.]
DRAFT CUSTOMS TARIFF LAW
Article I.—Customs duties shall be imposed according to the annexed Tariff
upon articles imported from foreign countries.
Article II.—Duty upon an article subject to ad valorem duty shall be levied'
according to the value thereof at the time of its arrival at the port of importation.
Article III.—With regard to those articles-in respect of which it is found
advisable to convert the ad valorem duties into specific duties, such conversion may
be made by Imperial Ordinance on the basis of the average values for a period of not
less than six months.
Articles enumerated in the annexed Tariff may be further classified or their
gross weight may be taken, in determining the rates of the specific duties mentioned
in the preceding paragraph.
Article IY.—With regard to articles, the produce or manufacture of the regions
which do not enjoy the benefit of special conventional arrangements, a benefit not
exceeding the limits provided for in those arrangements may, by Imperial Ordinance
designating the regions and articles, b^ extended to such articles, if necessary.
Article Y.—With respect to articles, the produce or manufacture of a country
in which vessels, or produce or manufacture of Japan are subjected to less favourable
treatment than those of other countries, the articles of such country may be
designated by Imperial Ordinance, which shall be liable to Customs duties not
exceeding in amount the value of such articles in addition to the duties prescribed in
the annexed Tariff.
Article Vi.—In respect of articles on which an export bounty is granted in
foreign countries, a Customs duty of the same amount as the said bounty may be
imposed by Imperial Ordinance in addition to the duty prescribed in the annexed
Tariff.
Article YII.—The following articles are exempted from import duty:—
1. —Articles for the use of the Imperial Household.
2. —Articles belonging to chiefs of foreign States, their
visiting Japan.
3. —Arms, ammunition, and explosives imported by the Arm
4. —Mineral oils, imported for use as fuel by the Army
specific gravity exceeding 0.875 at 15 degrees Centigrade.
5. —Warships.
6. —-Articles for personal use of foreign Ambassadors and
to Japan and articles for official use of foreign Embassies and Legations in Japan.
7. —Articles for personal use of the members of the Embass
Japan of those countries which exempt from Customs duty the articles for personal
use of the members of the Japanese Embassies and Legations in such countries and
articles for official use of the Consulates in Japan of those countries which exempt
from Customs duty the articles for official use of the Japanese Consulates in such
countries,
8. —Orders, decorations, medals, and badges conferred upo
this country.
9. —Records, documents and others papers.
10. —Articles imported as specimens or objects of refe
exhibited in Government or public schools, museums, commercial museums, and
other institutions.
11. —Articles contributed for the purpose of charity or r
12. —Government monopoly articles imported by the Go
13. —Samples of merchandise which are only fit to be u
14. —Travellers’ effects, and tools and instruments of p
travellers, in so far as they correspond to the social status of such travellers and are
recognised as. reasonable by the Customs.
15. —Articles sent back by Japanese military or naval force
16—Effects of persons changing their residences provided that such effects have
already been used.
DRAFT CUSTOMS TARIFF LAW 181
17. —Exported articles which are re-imported within five years w
change in the character and form as at the time of exportation, excepting, however,
alcohol, alcoholic liquors, sugar, and articles which were exempted from import duty
or granted a drawback thereof under Art. VIII. or Art. IX. ;
18. —Receptacles of exported goods designated by ordinance when
ceptacles are re-imported ;
19. —Fish, shell-fish, mollusca, sea-animals, seaweeds, and oth
products caught or gathered by vessels which set out for the purpose from Japan,
and their manufactures of simple process, provided that they are imported by the
same vessels or vessels attached thereto ;
20. —Articles for ship’s use delivered in open ports to warships a
bound for foreign countries ;
21. —Wreckages and equipments of shipwrecked Japanese vessels ;
22. —Exported goods shipped by vessels which cleared Japanese
brought back on account of the shipwreck of such vessels ;
23. —-Horses, cattle, swine, sheep, and poultry, for breeding impor
State and prefectures, and horses and cattle for breeding imported by associations
of horse or cattle breeding.
Article VIII.—The following articles are exempted from import duty if they afe
to be re-exported within one year from the date of importation, provided that
security corresponding in amount to the duty is deposited at the time of im-
portation :—
1. —Articles imported for the purpose of having work done thereon, w
designated by ordinance;
2. —Receptacles of imported goods, designated by ordinance ;
3. —Articles imported for repair ;
4. —Articles imported for the purpose of scientific research ;
5. —Articles imported as articles for trial;
6. —Samples imported for the purpose of collecting orders ;
7. —Articles imported for use in theatrical and other performances.
Article IX.—When articles designated by ordinance have been manufactured
with imported raw materials and are exported to foreign countries, the whole or part
of the import duty on such materials may be refunded in a manner to be determined
by ordinance.
When manures designated by ordinance have been manufactured with imported
raw materials, the whole or part of the duty on such materials may be refunded in a
manner to be determined by ordinance.
Any person who obtains or attempts to obtain fraudulently or illegally the
refundment mentioned in the preceding two paragraphs shall be dealt with accord-
ing to the provision of Art. LXXV. of the Customs Duties Law.
Article X.—Imported manufactured articles'which are furnished or fitted up in
a vessel which is constructed in Japan are exempted from import duty if they are
exported together with such vessel within two years from the date of importation
provided that security corresponding in amount to the duty is deposited at the time
of importation.
Article XI.—The importation of the articles specified hereunder is prohibited:—
1. —Opium and utensils for smoking opium, excepting those impor
Government;
2. —Counterfeit, altered, or imitation coins, paper money, bank
negotiable papers;
3. '—Books, pictures, carvings, and other articles injurious to public
morals;
4. —Articles which infringe rights in patents, utility models, designs,
marks and copyrights.
Supplementary Article
Article XII.—The date at which the present Law will be put in operation shall
be determined by Imperial Ordinance.
CUSTOMS TARIFF OF JAPAN
(For New Conventional Tariff See Pages 330-232)
No. Rate of Duty.
Group I.—Plants and Animals (Living). Yen.
Plants,
grafting twigs, stems, stalks and roots (for planting c
2 Fungi for culture: free
1. A.Yeast.Pressed 100 kin 2.60
2.3. B.Saccharifying
Other fungi, known as “ Koji” ad val. free
20%
3 HorsesOther free
Bulls,
56 Sheep oxen and cows _
' Per heai
Goats
78 Swine ad val.
9 Poultry
Fish, shellfish and mollusca :
1,2. Fry and roes free
ilO11 Bees Other 20%
1020 „„
All other live animals
Group II.—Grains, Flours, Starches and Seeds.
12
.13 Rice and paddy 0.64
-1415 Barley 0.42
Malt barley ...
Pearl
.1617 Wheat
4.00
2.20
Oats 0.60
0.65
.18 Millet, Italian or German 0.50
>201921 Indian
Millet, common
compease:(Panicum miliaceum) 0.35
0.30
Beans
1.2. Sojaand
3.4. Red
Beans orbeans
whitefaba)
(Vice beans, small (Phaseolus subtrilobata) 0.60
0.50
Green beans, small (Phaseolus radiatus) 0.40
0.50
6.5. AGround
Pease (Pisumnuts: sativum)
Unshelled
0.45
0.80
.22 Flours, 7. B.Other Other
mealsflour
'.
or groats of grains and starches:
0.95
0.45
1.2. Wheat
Oatmeal 1.65
5.00
3.4. Tapioca
Corn mealand manioca , 3.15
1.05
5.6. Sa.o 2.00
-2324 SeedsSesameOther
< fseed
Perilla ocimoides
, 1.65
1.00
0.85
2526 RapeLinseed Seed 0.65
0.65
27 Cot' Ivory onnuts
seed 0.10
free
29 Cocoa
.30 All other nutsgrains
... and feeds ., 0.70
15%
CUSTOMS TAE1FP OF JAPAN 18S
No. Articles. Unit. Rate of Duty.
Gboup III.—-Beverages, Comestibles and Tobacco. Yen.
31 Vegetables, fruitswithandsugar,
nuts : syrup or honey (in-
1. Preserved
eluding receptacles) 12.70
2. A.Other: —Vegetables
2.1. Preserved
,, in„ tin bottle... including receptacles : 7.80
3.4. Other„ „ jar ... 1.95^
A.B. Fresh
Dried
C. Other
B. 1. Preserved —Other;
2. „ in„ tin bottle... . including receptacles . 7.25'
8.5G
3.20
3. A. „Fresh„fruits... jar ... 4.00'
B.C. Nuts
Dried 6.90
7.85
32 Tea: D. ' Other 30%
100 kins 22.60-
2.3.1. Black
Other„ tea tea
dust ... ... ...
... 6.00
3334 Mate and other tea substitutes ad val. 45%
Coffee In: the bean
1.2. Other ' 100 kins 15.10-
3536 Chicory and other coffee substitutes ad val. 25.10'
45%
Cocoa In(notthe sugared): 100 kins
1.2. Other
Pepper:
bean ... ... including receptacles 436.00'
00
37 1. Other
In the seed ...... 9 35
2. ... including receptacles 11.70
Curry:
1,2. InOther powder ... ... including receptacles ad val. 2140%io
Mustard:
1,2. InOther powder ... ... including receptacles 100 kins 8.35*
40 ad val. 40%
Sugar: 100 kins
2.3.1. Under
Under
Under No.
No. 1511 Dutch
Dutch standard
No. 2118 Dutch
standard
standard
2.50'
33.35
JO"
4.5. Under
Other No. Dutch standard 4.25
4,65
4142 Rock candy sugar, cube sugar, loaf sugar, and similar sugar 7.40'
Molasses:
1. Containing
2. calculated not
Other
moresugar
as cane than 60% by weight of sugai 1,30-
2.50
Grape
Honey sugar, malt sugar and “Ame”including receptacles 13.65
7.20'
Confectioneries andandcakes
the like ... „„,, 32.00
474648 Jams,
Biscuitsfruit(not
Macaroni,
jellies
sugared)
vermicelli and the like
17.50
13.30-
49 Fruit juices and syrups : 7.90-
1. Fruit-juices In bottle(sugared)
or tin and syrups:
S.A. Other including receptacles 15.30
10.70'
184 CUSTOMS TARIFF OF JAPAN
Rate of Duty.
2. Other . . including receptacles Yen.
11.00
Sauces:
1.2. Other
In cask . . including receptacles 8.25
31.00
13.90
Note.—Vinegar
acet c acid containing
100 cubicmore than 10 atgrammes 0 of
subject
per 100 anin additional
tolitres (3.33d.
centimetres
duty
per at the forrateeISof 3 yen
gallon)
ditional one gramme of acetic acid.
Meats,
1. Fresh: poultry, game, fish, shellfish and mollusca
B.A.C. Mutton
Beef
Other
100 kins
2. Preserved inpoultry
tin, bottle orgame...
jar : ad val.
A.B. Meats,
Fish, and mollusca
shellfishinand
а.б. Sardines oil
3. Other: Other
A.B. Sausages
Ham andmeats bacon 17.00
16.20
D.C. Salted
Salted
a.b. Tail whale
meatmeat
5.65
E. Other Other
Salted fish
Butter,F.artificial
Cheese butter and ghee ...
Condens'
Infant foods d milk * iincluding receptacles 11.10
Meat extract 24.30
Peptone,
Eggs, fresh somatose, hemoglobin and similar tonic„ foods ad val.
72.50
35%
Mineral waters, soda water and similar beverages, not con- 100 kins 6.00
taining sugar or alcohol
Sake 1617.0000
Chineseale,liquors,
Beer, porter fermented
and 17.00
Wines of all
1.2. InIn .other kinds ; stout
bottlereceptacles:
...
...
12.00
A. Containing not more than 14% by volume
a. pure alcohol:noi
ontaining
calculated
b. centimetres asat 15°grape
Other C sugar in 100 cubic 12.00
20.00
B. Other 30.00
Note.—Those containing
sugar calculated meresugar
asaregrape than in20100grammes cen-of
cubic duty
timetres
atgallon) at 15°
the forrateeveryC. subject
of 25additional to an additional
sen perone100gramme
litres of(0.28d.
sugar.per
Champagne and other sparkling wines ...
OUSTOkS TAEIFF 9F JAPAN 185
No. Articles. Unit. Rate of Duty.
66 Alcoholic liquors,not
1. Containing not more
otherwisethan provided by forvolume
7% gravity : of pure]
alcohol
15° c which has a specific : of 0.7947 at 100 litres j 20,00
2. Other;
A.B. InIn other
bottlereceptacles 110.00
.'. 60.00
Note.—Those containing
pure15°alcohol which hasmore than 50%gravity
aanspecific by volume of
of at0.7947
atrate C. are subject to additional duty the
everyofadditional
1 yen per 1%liOoflitres
pure (l.lld,
alcohol.per gallon) for
67 Beverages Sugaredand comestibles, not otherwise provided for: ad val. 60%
2.1. Other 40 „
68 • Tobacco: 3552.23,
/ 2.3.1. Snuff
Cigars,
Chewingcigarettes
tobacco and cut tobacco 1 kin 5.17
4. Other ad val. 355%
Group IV,—Skins, Tusks,Hairs,
Shells,Bones,
iSfc. Horns, Teeth,
69 Furs:
1. Of sheep and goats 100 kins 9.40'
Fur2. manufactures,
7071 Hide Other
and skin%
‘ otherwise provided for
not ad val, 40%
50 „
2.3.1. Of
Of bulls,
deer oxen, cowsraw:
animal, and buffaloes | 100 kins 1.70
Of red deer (Cervus Elaphus) ~ ...j 1.90
1.25
4.5. Other
Waste free
72 Leather • oxen, cows, buffaloes, horses, sheep and goats;]!
1. A.Of Lacquered,
bulls,
ad val. 5%
B.C. Dyed japanned
or coloured or enamelled
(excluding roller leather) ]i
I.Other:
Of bulls,
а.б, Tanned oxen,
Sole leather cows, buffaloes and horses;
* 6ZoocHeatTier”...
hide, known as “Indicwi 100 kins 15.20
O-SO-
c. Other
II.a.OfRoller
sheepleather
and goats; ad val. 20%
h. Other 100 kins 69.00
24.00
3.4.2. OfOf
Of swine
chamois (including imitation chamois leather)
alligators : not more than 150 grammes ...
74.40
30.60
A.B. Other
Each weighing 207.00
113.00
5.6. Waste
Of lizards... 394.00
9.20
7. Other of leather, not otherwise provided for:
Manufactures ad val. 20%
2.1. imitation
Belts,
Sweat belting,leathers andforhoses,
leather)... hats for(including
machinerythose made
of 100 kins 37.20
88.80’
J86 CUSTOMS TARIFF OF 'JAPAN
3. Other:
A. Combined with metals,
precious precious
metals, metals
with precious
precious stones, pearls, corals, stones, coated
elephant’s semi-
ivory,
or
B.animal, tortoise-shells ..
Othernot otherwise provided for 4050%
free„
Hairs,
Feathers and downs :
1.2. For ornament 40%
Other
Bird’s skins with feathersor bird’s skins with feathers, not . 20free„
Manufactures
otherwise of feathers
provided for
Quill
Bones, bristles
animal, excluding those for medicinal use
Tusks, animal of animal tusks,
Manufactures not otherwise provided for: 30%
2.1. Other
Animal
Of elephant’s ivory
horns, excluding those for medicinal use
Hoofs,
Sinews, animal
animal
Bladders
Shells of mollusca
Tortoise-shells:
1. Shells of hawkbill:
A.B. Other
Dorsal and marginal shells
2. Shells“ ofWalco”; loggerhead or of green turtle known as
A.B. Marginal
Dorsal shellsshells ...
C. Other 16.707.95
3.4. Waste
Other manufactures, not otherwise provided for ... 10%
Tortoise-shell
Coralsmanufactures,
... 405050 „„„
Coral
Pearls not otherwise provided for ... 5 .,
Sponges: 100 kins
2.1. Other
Skin,
Prepared
hair, bones, horns, teeth, tusks, shells, not otherwise....
provided for (excluding those for medicinal use) ... ad vail 10%
Manufactures
not otherwiseofprovided skin, hair,for bone, horn, teeth, tusk, shell, 40 „
Group V.—Oils, Fats, Waxes and Manufactures thereof.
Volatile oils, vegetable:
2.1. A.Other:
Fragrant
a.b.OfOther
Inturpentine:
cans, or barrels
LinseedB. Other
oil: or barrels:
1. AIn Boiled
cans, 100 kins 300
B Other ad val. 1.60
20%
2. Other
Castor Inoil:
2,1. Other cans, barrels or jars ... . 100 kins
ad val. 2.20
20%
CUSTOMS TARIFF OF JAPAN 187
Olive oilcan or barrel
1. InOther 1.70
2. 9.50
1.50
Cocoa-nut
Ground oil
nutoiloil 4.65
Soja beauseed 1.40
4.45
Cotton
Wood oil, oil from the seeds of Aleurites cordata
obtained 1.90 *
Camellia oil 4.90
18.50
Cacao
Cod-liver butter oil whale oil... 10.30
Fish oilanimal:
Fats, and
1.2. Lard 9.00
0.80
Other lard...
Compound 7.70 -
Stearin 4.50
170'
Olein
Mineral oils:
1. Crude:
Distillates between 120° and 275° by fractional
distillation: 10 Am. gals. 0.17
B.A.O. Not exceeding 20% by volume
303525 „„„ ,,
0.21
0.25
0.29--
0.33
F. Other... 40 „ , 0.36
Note.—Those
an containing
additional duty more
at than
the 45%
rate of are
1 subject
sen per to
10
American
for gallons (0.30d,
every additional 1% per 10 Imperial gallons)
2. Other, and including
vegetable lubricating
oils or fats, oils soaps,containing animal
&c., of a specific
gravity
. A.B. Not at 15° C.:
C. Other „ exceeding
„ 0.730 0,875 ...... ..
Vaseline
Paraffin wax: point up to 42° C. .
1. Other
2. Melting free
3.45
Vegetable
ingia tallowRhus
sebifera, or wax, obtainedor from
vernici/era Rhus the seeds of Still-
succedanea
Candles
Soaps:
2.1. Other
Perfumed (including inner packings)
Perfumed
fumed
packings) oil,oils,fatfats,
or waxand (including
waxes, andreceptacles preparationsandofinner
per-
Perfumed
Oils, fats, and waterswaxes,
(including receptacles and inner packings)
Manufactures of oil, fat,notandotherwise
wax, notprovided
otherwiseforprovided for 30%
GrouporVI.—Drugs, PreparationsChemicals,
thereof, Medicines, Compounds
and Explosives.
Liquorice free
2.00 '’
Saffron ... 422.00.
188 CUSTOMS TARIFF OF JAPAN
Rate of Duty.
Ipecacuanha root Ten.
82.00
Ginseng
Cassia and cinnamon bark 20%
128 Cinchonaorbark 20%
6.65
313029 Ryutan
Rhubarb gentian root 2.85
8.60
Semen
Senegaofcynse root 6.70
Ergot
Musk rye ... ... ... 19.40
14.30
Artificial musk 10100
81.50
Nard
Cloves or spikenard 4.80
Agalwood 6.10
Galls, woodor ...aloes-wood
Sandalmyrobalans, betelornuts,
69.30
5.15
mangrove
similar bark, materials
tanning chips scrapsoakof quebracho
bark, mimosa
woodbark,
and free
Catechu and other tanning extracts.,
Balsamindiarubber, crude gutta percha, and substitutes 0.50
Crude 25.00
Gumthereof arabic, shellac, rosin and ,other gums and gum resins,
not
cinal use) otherwise provided for (excluding those for medi-
Glue
Gelatin 2.70
10.20
Isinglass
Dextrin 40.90
Sulphur yellow and red or amorphous...
Phosphorus, .. ad val. 1.15
20%
free
Iodine
Zinc dust 100 kins 135.00
1.50
Acid,
„„ boric acetic , ••• •• 3.20
8.C0
„„ oxalic tartaric
salcylie
2.00
11.90
11.60
„„ picriccarbolic ... 6.00
20%
18.40
„„ pyrogallic
tannic and potash, caustic: .. 144.00
20.70
Soda, caustic, 7.25
Iodide 2. Other
of soda of: 0.70
155.00
Soda, carbonate
1.2. Other
Soda, ash ... 0.35
Soda, bicarbonate of 0.80
0.95
„
Nitrate peroxide
of soda of(Chili saltpetre): 4.60
2.1. Refined
Other ...
Soda sulphate of:
2. Other ... ... 0.45
1.00
Soda, „ borate
silicate ofof(borax) 0.35
172 „ salicylate of cyanide of potash ... 14.10
free
173 Potash,
U74 Cyanide of sodaofand
nitrate (saltpetre) ... 2.35
CUSTOMS TARIFF OF JAPAN
ilphate of;
2.1. Kefined
Potash, Other
chlorate of • ad val.
„„ bichromate ofof of 100 lii 1.80
122.00
„ iodide
Magnesium, bromide
carbonate of ... ■ 1000'
2.50
Barium,
Alum peroxide of ... ••• . 2.50>
0.4
Ferro-cyanide
Ferri-cyanide of soda 2.05
10%
Ferro-cyanide
Ferri-cyanide Of„„potash... 25.6070
Bismuth, sub-nitrate
Ammonium, chloride ofof ... ... . 81.10
2.30
„ sulphate of:
2.1, Beflned
Ammonium, Other carbonate of ... . ad val.
100 kins 86.80 free
3.45
Thorium,
Cerium, nitrate
„ of
„ 10%
Calcium, acetate of 0.41
15.13
Acetone
Formalin 5.10
Wood
Alcohol spirit or methyl alcohol 1 litre 5 95
0.73
1Glycerine
enatured alcohol 0.73
3.20
200 Chloroform ... 100 kins 22.30
201
202 Iodoform
Milk sugar ... ... 202 7 00
60
Saccharin
Naphthalin and similar sweet substances 60 00
1.50
205
206 B. rneoebrin
Antif camphor, and blumea or nai camphor 37.30
11.00
207 Antipyrin
Santonin 82.00
326 00
Quinine,
Morphine, hydrochlorate
„ of, and sulphate
„ of ... 1 kin 135.00
13.50
212 Cocaine,
Cinchonine ,,„ ,,„ 100 kins 38.80 19 30
213
214 Creosote,
Guaiacol, carbonate
,, of„ ... 33.40
58.10
Aniline
Diastase salt or hydrochlorate of aniline...... 142 2.7500
B aking powder
Insect „ ... 27.50
15
FJA1 ycoholic
paper medicinal preparations : 30%70
221 2.1. Other
Vanillin,
Tincture of opium
coumarin, heliotropin, and
100 kins
similar aromatic 1 litre
222 Tooth chemicals,
powders, not otherwise
tooth washes, provided for
toilet provided
powders, forand other 10%
Joss prepared perfumeries, not otheiwise 50%
Boilersticks
Plasters composition
(includingbandage,
inner packings)
... 40%
8.80
Gauze, wadding, catgut, and similar materials 53.60
for
Gelatine surgical use i ad val. 30%
Wafers capsules (including inner packings) | 100
ad ml.kins 67.3030%
190 CUSTOMS TARIFF OF JAPAN
Rate of Duty,
229 Drugs, chemicals, and medicines,ofnotdrugs, otheiwise provided for ad val.
230 Compounds
medicines, ornot preparations
otherwise provided for chemicals, and
231 Explosives:
1. Gunpowder 100 kins 8.05
fi.10
3.2.4. Detonators
Dynamite (including inner packings)
Fuses
25.50
37.40
5. Other ad vul. 30%
232 Cartridges,
1. With loadedorwith explosives :
Ofbullets
A.B. Other metal shellsshots: (including
„ inner „ packings)
„ ... ,..
100 kins 29.10
23.lO -
2. Other loaded with explosives y ad val, 40%
233 Projectiles, 100 kins 40%
12.70'
231
235 Fireworks
Matches ad val. 40%
Group VII—Filling Byes, Pigments,
Matters. Coatings, and
236 Indigo, natural: 100 kins 21.20
237 2.1. Liquid
Dry or in paste
Artificial indigo:
ad val. 10%
1.2. Dry 100 kins
ad val. 22.00
10%
Turmeric Liquid or..in ...paste 100 kiqs 1.00
Tafflower: 100 kins 9.65-
240 2.1. InOther
Logwood
cake ! ad val.
2.70
5%
241 „ extract 100 kins 1.85
13,65-
242 Caramel
Alizarin
213
244 otherwisedyes,provided anilinefordyes and other coal tar dyes, not 4.60
52.40
245 Oxide ofgold,
Liquid cobalt liquid silver andpowder
liquidand
platinum 1 kin 12.40
246 Bronze
ders powder,
not otherwise aluminium
provided for similar metal pow- 100 kins 28.00
247 Prussian blueblue ... 9.25
3.15
248 Ultramarine
White 2,10
249
250 „ orlead,
Chalk
red
(oxidelead,of and
zincwhiting lithargeof zinc)
or sulphide *. ... 2.10
0.65
251
252 Vermillion or cinnabar 26.80
253 Realgar andandorpiment ... ad val. 10%
free
254
255 Gambogeblack
Carbon dragon’s blood ... 100 kins 1.95
256 Lacquer (the juice of Rhus vernicifera) 6.90
14.50
257 Varnishes
Wood tar and coal tar 0.50
Pitch and asphalt 0.55
9.90
Shoe polishes
Pencils: including receptacles
261 1.2. Not cased (slender strips of graphite or of colours) ... ad val.
Other,
A.. Cased excluding
withmetalthoseorwith
wood metal sheaths
paper: :
a.h. With attachments 1 gross
Other ad val.
262 Inks1. :ForB. Other
copying or writing including receptacles 100 kins 8.35
CUSTOMS TARIFF OF JAPAN 191
2. ForA. printing:
Liquid or in. paste
I. Ina.barrel:Black ...... 100 kins 3.45
II. b. Other
Other .. including receptacles ad val. 2b%
B. Solid 100 kins 21.50
11130%00
2. Other
Black solid inks, and red solid inks, Chinese
Chalk-crayon
Artist’s colours andand tailor’s chalkpaints...including
artist’s receptacles1;
Paints:
1. Copper paints, international
ing
ships’compositions,
bottom paintsanti-corrosive paints, andanti-foul-'
compositions, similar!j
2.3. Patent dryer • . 6.15
4. Enamel
Other : paints !! 2.80
13.20
A. Each weighing not
inclu ling the weight of receptaclemore than 6 kilogrammes! |!
Putty,ingB.mangan
Other
matter: putty, marine glue pitch, and similar fill-!
1. Putty puttypitch... .. 1.40
3.2.4. Marine
Manganglue
Other
30%
Sealing
Dyes andwaxpigments, not„ otherwise 4.00
Coatings, „ provided for .. 15%
30% .
Group VIII.—Yarns, Threads,
Materials Thereof. Twines, Cordages and \
Note.—In
of morecase an article in this group is constituted of fibreof!1
which
the doesthanshall
article notoneexceed'
not
kind
be 5ofconsidered
perfibre,cent,anybyaskindweight
mixed in
reference
ficial silk toexcepted.
the tariff classification, silk and arti-1
271 Cotton,
cottonin the seed or ginned, including carded or combed!
272 Cotton yarns:or two-fold :
1. Single
A. Grey,
a.b. Not including
exceedinggassed No. 24yarn :
English 5.50
c.d. „„„ „„„ „„„ 428060 „„„ 6.40
9.50
11.00
e. Other simply. Duty on grey yarn
B. Bleached 11.30
additionDuty
C. Other, of 1onjengrey per 100 yarnkinswith an addition of 1.00
2. Other: 3 yen per 100 kins ... 1.00
A. Grey, including gassed yarn ...
CottonandB.twines
Othernot
cotton exceeding 3 grammes per 10 metres,
threads:
1. InA.skein
Grey :
B. Other
192 CUSTOMS TARIFF OF JAPAN
2. Other:
A,B. Other
Reeled on wooden spool (including spools)
274 Flax, China
fibres, not grass,
otherwise ramie,provided
hemp, jute,
for and other vegetable
275 Linen yarns:
1. Single:
A.B. Other
Gray ... .
2. Other:
AB. Gray ...
Linenabove Other
twines
No. 7made by twisting
English
and linenandthreads
together single
not exceeding yarns
12 grammes
12. per
Grey
Other
10 metres, : 40.90
44.90
China
China grass yarns and ramie yarns... 10%
gether12grass
ing singletwines
grammes yarnsperandabove
ramieNo.
10
twines, madeandby not
7 English
metres, China. grass
twisting
exceed-
threads
to-
and
ramie
Hemp yarns threads 30%
10%
Jute.iarns
Hemp 10%
singletwines
grammes yjirns and
pergoat’s10above
juteNo.twines,
metres, hemp
madeand
7 English by twisting
andnotincluding
threadshair,
together12
exceeding
jute threads... 27.10
Sh-ep’s wool,
carded oror worsted
combed yarns : hair and camel’s those free
Woollen
1. Undyed or unprinted:
A. Yarns
yarnsmade made by twisting woollen and worsted
together 15%,
B Yarnstogether andbyloop
twisting
yarnsthose of different number 15%„
C Other;
I. Worsted:
a.b. Other
Not exceeding No. 32 metric
II.
2. anOther, Woollen
Dutyofon2.50undyed
Mixed yarnsaddition
ofor cotton yen peror 100
and wool:
unprinted
kin ... yarns with 12.00
1.2. Other,
Undyed unprinted
Duty onof undyed 9.90
Cocoons addition 3 yen peror100unprinted
kins yarns with an
285
286 Floss silk including thrown silk :
287 Raw1. Wild
silk, silk...
2.
Spun Other
silk yarns ..
Silk threads
Artificialnotsilkotherwise provided for: 100 kins
Yarns,
1. Partly of silk, artificial silk,, or metal ad val.
2. Other
Threads, not- otherwise provided for
Fishingpowder,
Wool gut silk powder, and artificial silk powder ..
Waste
Twines, orcordages,
old fibrfes,braids, waste and
yarnsplaited
and waste
ropes,threads ..
not otherwise
provided
1. Of cotton for:
CUSTOMS TARIFF OF JAPAN 1^.
Rate of Duty,
2. Ofhemp, flax, pure
Chinaor grass, ramie,onehemp, Yen.
b Othercordages, mixed with anotherjute, or Manila 100 kins
ad val. 600
Twines,
those for trimming braids, and plaited ropes old, excluding
Group IX.—Tissues and Manufactures thereof.
1.
knitted term “tissues” Notes
Thetissues. in this Group includes felts and
2.3. The term “silk”
laonecasekinda tissue in this Group isincludes artificial silk.
than
exceed 5% by of fibre,incf this
weight any
the
Group
kind
tissue ofshallconstituted
fibre notwhich
be
of more
does
considerednot
as mixedsilk
artificial in reference
excepted. to the tariff classification, silk and
4.counted
begreatestThe number of threadsthreads
by elementary constituting thetheparttissues
whereshall
5. I number
igured tissuesof threads
are those used.aindesign
arewith or repeat
the
con-
stituted
20aforesaid, by
in number. interlacing both
Inyajncaseconsisting warps
of counting and woofs more than
yarns, or twisted
yarns put together to act as twonumber
of one or more
shall
of thread
be single
counted
as one.
Tissues of cotton:
1. Velvets, plushes,
A. orOther
uncut
Gray : and other pile tissues, with piles cut
B. 100 kins 34.00
40.00
2.3. Tissues woven with raised chenille threads ad val.
Flannels
45. Gauze
Crapes tissuesand other ...... ...: ....tissues
.... ... ... 100 kins
ad val. 1620%00
100 kins 20%
36.00
6.7. Tissues
Plain interwoven
tissues, not with lacesp ovided for...
otherwise ad val. 20%
A. Gray;
I. Weighing not metres,
more than
100
of 5 square
mil imetres sideandin5having
kilogrammes
warp in awoof:
and
per
square
a.b. 2719 threads or less... . 23 00
c.d. 4335 „„„ „„„ 31.00
43.00
e. More than
II. Weighing 43more
threads
notmetres, than 10 kilogrammes per 7757.0000
100
of 5 square
millimetres side,andinhaving
warp andin awoof:
square
a. 19 threads or less... 11.00
27 „ „ ... 14.00
d.c- 4335 „„ „„ ...... 18.00
22.00
e. More
III. Weighing thannot43more
threads
than 28.00
100
of 5 square
millimetres metres,side,andin20having
kilogrammes
warp in awoof
and
per
square
a. 19 threads or 1 10.00
b. 27 11.00
d.c. 4335 14.00
18.00
. e. More than 43 threads.. 22.00
7
’CUSTOMS TARIFF OF JAPAN
Articles. Unit. gateef Duty.
IV. Weighing notmeters,
n ore than Yen.
of1005 squaremillimetres andin30having
side,
kilogrammes
warp in awoof:
and
pei
squire
a.b. 2719 threads 9/00
„„ or„„less 10.00
1200
d.c.e. 3543More than „ 43„ threads ... 10.00
20.00
V. Othersimply (Duty on gray tissues ... with an 14.‘O
B. Bleached
addition of 3 yen per 100 kins)
C. Other
7 yen (Duty
per 100 kins) on gray tissues with an addition of
8. Figured
A. Gray:or brocaded tissues, not otherwise provided for:
I, Weighing 100 not metres,
square more than and 6having
kilogrammes
in awoof: per
square
of
ab. 2719 threads 5 millimetres side, in warp and 26.00
„„ or„„less ... ! 3500
47.00
d.c.e. 4335More than „ . 43„ threads 6500
8800
II, Weighing 100 not m.-re than 20 kilogrammes per
of 5 squ ire metres,
millimetres side,andinhaving
warp and in awoof:
square
1400
b. 27 18.00
d.e. 43More than „ 43„ threads .. 29.00
36.00
III. Weighing 100 square notmetres,
more than 20 kilogrammes per
a.b. of35275threads
millimetres or side,andinhaving
less warp and in awoof:
square
1700
„„ „„ 21.00
c. 43More than ... .-... 27:00
34.00
IV. d.Weighing 1005 square not 43more
threads
than 30 kilogrammes
metres,side,andinhaving in awoof:pe
square
of
ab. 2735 threads millimetres warp and 16.00
c. More43 than „„ or„less ... ... ...
20.00
26.00
d. 43 threads 33.00
24.00
V. Othersimply (Duty
B. Bleached on gray tissues with an
addition
C. Other (Duty of 3onyengraypertissues
100 kins.)with an addition of
9. Other:7 yen per 100 kins..
A. Gray.-
I. Weighing not metres,
more than 5 kilogrammes per
K 0 square side,andinhaving in awoof;
square
a.b. of27195threads
millimetres or
„„ „„ ... less warp ond 24X30
3201
44:00
d.c.e. 4335VI ore than,. 43„ threads 59.00
80.00
II. Weighing 100 square notmetres,
more than 10 kilogrammes per
a. of195threadsmillimetres side,andin...having
or less... watp
... and
in aWuof:
square
... ... ... 12.00
CUSTOMS TARIFF OF JAPAN
Kate of Duty,
b. 2735 threads „ or,,less ... 19 00
d.e.e. More
45 than 43more
threads...
24.(
30.000
5
III. Weighing 1005 square notmetres, than
andin20having
kilogrinmine
awoof:
squareper
of millimetres
a.b. 3527 threads or side,
less warp and 1215.00
00
c. More43 than „„ „,. ... . 2025.00
00
IV. d.Weighing 100 square not 43more
threads
than 30 kilogrammes
metres,side,andinhaving in awoof
squareper
a.b. of35275 threads
millimetres
„., „,. or less warp and
... ... ...... ..tW
11.00
13.00
17>2.00
00
V. Other d.c 45M ore than 43 threads ...
15.00
B. Bleached
addition simply of 3 yen(Duty per 100onkins)gray tissues with an
•* C. Other 7 yen (Duty per 100onkins) gray tissues with an addition of
Tissues
mixedof :flax,
with China one another, grass, ramie,
including hempthoseor jute,
mixedpurewithf
c.
1. cotton
Velvets, plushes,
or uncut ... and other pile tissues, with
' piles, cut 20%
2.3. Bolting
Gauze cloth excluding bolting cloth
tissues, i
4. Plain,
videdfigured
for: or brocaded tissues, not otherwise pro-
A. Tissues
Having of jute:
inwoof:
a square of 5 millimetres side, in warp
a.b. and 410threads or less ... . 100 kins 4.00
c. More
d. 20 „„than 20„„ threads...... ... ad val.
7.40
20%
B. Mixed
I. Gray with cotton:
a. Weighing per 100notsquare
more than 40and kilogrammes‘
a square
warp and of 5 metres,
woof: millimetres having
side,
a.b. 2010 threads or less 8.00
14.00
c.d. 3040 „,.„ „„„ ...... 24.00
32.00
e. M ore than 40 threads 42.00
10.00
II. Otherb. Other
of S yen(Duty per on100gray
kins)tissues with an addition
C. Other
I. Gray: a. Weighing 100notsquare
moremetrethan 40, and
kilo-arrammes
aper
warpsquare
and of
woof: 5 millimetres having
side, inin
a. 10 threads or less 10.00
18.00
c.b. 3020 „„ „„ .... 32.00
7*
196 CUSTOMS TARIFF OF JAPAN
Unit. Rate of Duty
d.e. More
40 threads 100 kins Yen.
b. Other than 40or threads
less 44.00
.13.40
16 00
II. Other
of 8 yen(Duty per on100gray
kins)tissues with an addition
5. C ther:
A. Mixed with cotton :
I. Gray:
a. Weighing per 100not
a square
more than 40and
square
of 5metres,
kilogrammesin
millimetreshaving side, in
warp and woof :
a.b. 2010 threads „ „ or less 137.00
00
22.00
d.e More
40 than „ 40„threads 30.00
48.0
b. Other 9AO*
II. Other
of 8 yen (Duty per on1( 0gray
kins)tissues with an addition
B. Other:
I. Gray :
a. Weighing per 10 1not moremetres,
square than 40andkilogrammes
having
awarpsquare of
and woof: 5 millimetres side, inin
a.b. 2010 threads or less 9.00
16.00
c.d. 4030 „„„ „„„ 29X0
40.00
e. More than 40 threads 50.00
12.00
b. Other
II. Other
Tissues of of
pineapple, 8(Duty
yen peron 100
pueraria
graykins)
tissues with an addition
thunbergiana, Manila hemp,
agave,
ramie, hemp and other
and vegetable
jute), pure fibre
or mixed(excluding onecotton
withside, flax,
anothenl
Having and in
woof: a square of 5 millimetres in warp
2.00
2.1.3. 20104 threads
„„ or„„less 12.00
4. More thanand 20 threads 20%
Tissues
wool ofandwool,
silk, or ofmixed tissues
wool,other of wool
cottonpileand silk:andwith cotton, of,
1. Velvets, plushes, and tissues, piles,]
A.B.cutOther or uncut:
Partly of silk ... ... ... ...
100 kins 180.00
50.00
2. A.Other Of Wool:
a. Weighing
square metre not more than 100 grammes pe^ 57.50
b. Weighing not more than 200 grammes perj 70.00
square
c. Weighing metre
not more ... than £ CO grammes perI
square metre 6'.00
50.00
B. Ofd.a. wool
Otherand cotton:
Weighing not morq than 100 grammes per\
j
square metre 15.00
b. Weighing
square metre not more than 200 grammes per,I l 52.50
CUSTOMS TARIFF OF JAPAN 197
E ate of Duty.
c. Weighing
square metre not more than 500 grammes per Yen.
37.50
d.
C.* OfI. wool Otherand sil^ ormoreof wool, cottonbyand silk,of silk: ^ 22.50
Cont i iningnot
a. Weighing than
more10%
notmetre weight
than 100 grammes)
per
b. Weighing square not more than 200 grammes|! 144.00
per squarenotmetre
c. Weighing more than 500 gi arnmes| 136.00
d. Otherper square metre 128.00
II. Containing
a. Weighing notmorenot than
more25%
thanby weight
100 of silk:||!
gramme
120.00
per squarenotmetro,
b. Weighing more than 200 gramme- 188.00
per squarenotmetre
c. Weighing more than 500 grammes... 180.00
d. Otherper square metre 172.00
164.00
Tissues ofIII.horse Other
hair, including ... ..mixed with other fibres
those 40%
25 „
Silk ti-suesfor: and silk mixed tissues, not otherwise provided
1. Velvets, plushes and other pile tissues with piles,
A.B. cutOther
Of orsilkuncut: 100 kins 520.00
2.3. Bolting cloth ad val. 18015%00
Other:
A. a.OfTissues
silk: of wild silk ! 200.00
B. a.b.Other:
Other
Containing not more than 10% by weight of silk
520.00
b. „ „ „ 25% „ ' „ I 90.00
180.00
d. Other ... provided for: 280.00
380.00
Mixed
1. Velvets,tissues, not otherwise
plushes, ...and. other pile tissues, with piles,
2.. cut or uncut
Other ... 5700
Stockinette and similarofknitted 37.00
].2. Wholly
Other: or partly silk tissues, aised or not: ... ad val. 45%
A. Weighingsquare metre not more than 200 grammes per, 100 kins 68.60
B. Weighing
square metre more than 500 g ammes per)
not
C. Other 54.10
27.00
Lace1. Curtainings:
tissues and netted tissues:
A.B. Other
of cotton 20.00
30%
2. Mosquito
A. Other nettings:... ... ...
Of < otton 78.80
B,
3. Veilings: 30%
A.B, Other
Wholly or part'y of silk
4.5. Other:
Nettirgs for fishing or huntinj
A.B. Other
Wholly or partly of silk 4530 „„
198 CUSTOMS TARIFF OF JAPAN
Felts:
2.1. Of
Other
Embroidered
Wool, or wool and cotton
tissues
Bookbinders’
Tracing clothcloth
810 Artists’ canvas
'311
312 Window
Empire holland
cloth
313
314 Leather
OP. cloth cloth
for or oilorcloth
floor, linoleum......
315
316 Roofing canvas ...
Tarred cloth,
Emery canvas including glassor inserted
cloth with india-rubber :
Waterproof
1.2. Wholly tissues
or coated
partly of silk ..
Elastic Otherwebbing 8and elastic cords, elastic braids or the like :
1. Exceeding
A.B. Other
Partly of silkcentimetres in width:
2. Other:A. Woven:
b.a. Other
B. Other:
Partly^ of...silk... ... 40%
a.b Partly
Other of silk 40%
Insulating tapes of tissues 30 „
19.6a
Lamp
Typewriter wicks ribbons
Handkerchiefs,
1.2. OfOf cotton single:
flax 100 doz. ?5.9a
83.70
3.4. Of flax and
Wholly cottonof silk ...
or partly 73.20
5. Other ... ... ... ad val. 3550%„
Towels,
1.2. Other single:
Of cotton ... ... 100 kins
ad val. 40.00
326 Blankets,
1.2. Of single:
wool, or wool and cotton
TravellingOther single:
327 Whollyrugs,
1.2. Other or partly of silk ...
Carpets
1. Wholly and carpetings:
or partly ofpiles:
wool:
A. WovenI. Having withpiles constituted with warp or woof
a. ofOther
b.
one system:
With cut piles ... ... ... ...
II. Other:
a. With cut piles 44.50
27.20
Of feltb. Other
B.C. Other 17.10
30%
2.3. OfOther hemp or jute ... ... ... 3030 „„
Table
1.2. Of cloths,
cotton, single:
of cotton and hemp, or of cotton and ...jute...
Of flax, or cotton and flax
CUSTOMS TARIFF OF JAPAN
Unit. Rate of Duty.
100 kins 98.20 Yen.
3.4. Of Wholly wool,ororpartly wool and cotton
of silk, combined- with
5. or embroidered
Other ... metal threads, ad val. 40 „
Curtains and window blinds : 100 kins 93.00
2.1. Of Whollywool, ororpartly
or embroidered
wool and cottoncombined
of silk, ... ' with metal threads,
ad val. *0/o
3. Other: A.B. OfOther lace ... ... 100ad kins 39.50
Trimmings: •..... val.
1. Ribbons, thelaces, edgings, tapes, galloons, cords, braids,
A.and Wholly
cious
like:
metals,or partly of coated
silk, orwith
metalssemi-precious combined
precious with pre-
metals,
precious stones, stones, pearls, 50 „
B.corals,
Combined elephant’s ivory, or tortoise
with imitation shells
&c precious stones, glass 40 „
C. beads
Other: base metals,
a.b. Darned, embroidered or of lace work 4030 „„
2. Other, Otheras tassels,
such knots, stars, &c.:with pre-..
A. Whollycious or
metals,partly of silk,loops,
or combined
- metals coated with precious metals,
precious
corals, elephant’s stones, ivory,
semi-precious
or tortoisestones,
shells pearls,
Mosquito B. Other
nets...
Hammocks
Fishing or hunting nets
Air1. cushions:
Wholly
Other andor cushions:
Bed2.1. quilts
partly of silk ... ...
Wholly or partly of silk ad val. 50%
2. Other A.B. Other:
Stuffed with feathers or downs ICO kins
Woven Of belting
cotton...for machinery and woven hose:
1.2. Other 100adad kins
val. 19.20
20%
Filter
Gunny bags
bagsbags ... ... 100 val.kins 2.55
free
Old Gunny
Rags ...' ... ... ...provided for ... ... ... ...
Tissues, not otherwise 30%
Manufactures
1. Wholly orofmetals
tissue?,ofnotsilk,otherwise
partly providedwithforprecious
or precious
combined
metals,
stones, coated with metals,elephant’s
precious
2. Otherivory; orsemi-precious
tortoise shells,stone?, pearls, corals,
or embroidered
Group X.—Clothing and Accessories thereof
Note.—Theficial silk.term “silk” in this group includes arti-
344 Raincoats:
345 Shirts, 2.1. Other holly or partly of silk
fronts, collars and cuffs
CUSTOMS TAEIFF OF JAPAN
Kate of Duty,
Undershirts
1. A.Knitted: and drawers:
Of
B.C. Wholly cotton
Of wool,ororpartly
wool and cotton ... ... ... 100 kins 115.00
of silk ad val. 13350%00
D.
2. A.Other: Other 40 „
B. Other: Wholly or partly of silk 50 „
Gloves: .40,,
1.2. OfOf leather
leather and other materials except ... silk
...
3 Ofwoolcotton, and of flax, of
cotton of silk cotton and flax, of wool or of
4.5. Wholly or partly 226.00
949.00
Stockings Other and socks: 40%
1. Ofwoolcotton, of flax, of cotton and flax, of wool or of
2. Whollyand cotton
or partly of silk .. 138.00
3. Other
Shawls, ... and mufflerss
comforters 4050%„
1.■ A.Mufflers:Of silk of silk !
B.C. OtherPartly 100 kins
2. A.Other: ad val.
Of cotton,
cotton of flax, of China grass, of wool or of wool;j
B.C. and Of silk
Partly
100 kins 159.00
750.00
D.orOther feathersofor silk
Wholly
excluding those combined with furs|!
partly of furs 400.00
E. ad val. 50%
Neckties:
2.1. Other
Trouser
Wholly or partly of silk ..
suspenders
1 kin
1.2. OtherWholly or... partlyor braces:
of silk ...... 100 kins
Belts:
1. Made coatedof with
precious
or combined
precious
stones,
with precious metals, metals
pearls metals,
corals precious stones, semi
2. A.Othf r:
Wholly
B.C. OtherOf leatheror partly of silk
Sleeve suspenders, stocking suspenders, and the like :
2.3.1. OfWholly
Other metalor partly of silk
Hats
1. Combined and hat bodies, caps, bonnets,
or trimmed and hoods:metals, metalsj
with precious
coated with
precious precious
stones, metals,
pearls, precious
corals, stones,artificial!
feathers, semi-j
2. A.Other: flowers, &e : 50%
Wholly or partly of silk :
б.а. Chinese
Silk hatshats or opera hats j ad11 doz.
doz.
val. 28.80
50%
d.c. Hoods
Othe- 1j
ad val. 3.80
50%
CUSTOMS TARIFF OF JAPAN 201
Rate of Duty,
B. OfI. felt: Yen.
II.а. Hats
Hat bodies
Blocked
... .
..
7.50
б. Other ...sheep’s 7.50
1.2. Of
Other orwool , vegetable fibres 0.95
20%
D.C. OfOfanother
Panama
straw or...straw similar
wood shaving, pure or mixed with one 35.60
E. a.Other: Helmet hats
b. CapsChinese hats woven or knitted 9.50
1.15
dc.e. Other
Hoodsof tissues,
... ... advdl.
3.00
2.90
Boots, shoes, slippers, sandals, clogs, and the like: 10%
1. A.Boots: Of leal her ■ ...' ,i00kins
B. Of india-rubber 134.00
50.00
2. A.C.Shoes: Other...
Of canvas
leather or duck :
...| ad val.
100 kins
40%
B. a.Of 135.00
b. With leather
Other sole ! 86.70
C. Wholly or partly of silk 67.80
ad val.
D.
3. A.Chinese Other 4050%„
Whollyshoes: or partly of silk 100 kins 62.50
4.5. B.Slippers:
Other
Over-shoes of india-rubber 30.70
51.60
A.B Of Of tissues:
leather
III. a.OfWholly
felt: orleather
With
partly of silk...
sole 100 kins
b.Other...
Other 76.40
ad val,
III. 4010%„
6. C.Other
Shoe
Other
laces excluding those made of or combined with 404040 „„„
Buttons,precious
precious metals, stones, metals coated stones,
orsemi-precious
with precious metals,
shells: pearls, corals,
1.2. elephant’s
Buttons forivory
cuffs or tortoise
shirts
A.B.Other:
Covered metal (including inner packings) 118.00
C-D. Of Of porcelain (including inner packings) packings) ...
ivory nut, including imitationsinner
Ofpackings) or glass (including (including inner
34.30
12.60
E.F. Other
Of bone or horn (including inner packings) 111.00
109.00
Buckles, 40%
of orhooks,
with combined
precious
eyes,withand precious
metals,
the like, metals,
precious
excludingmetals
stones,
thosecoated
made
semi-precious
stones,
shells:: pearls, corals, elephant’s ivory, or tortoise
2.1. Hooks
Bucklesand eyes
CUSTOMS TARIFF OF JAPAN
Unit. Rate of Dutyt
jj 3.4. Sboe Otherfor hooks and shoe eyelets
’ ...
359
360 |' Jewellery
Clothing and persona,! adornment
accessories or parts.. thereof, not otherwise
provided
1. Wholly for:
or partlyor oftrimmed
fur, feather
ormetals
combined
coated with precious withor precious
metals,
silk, or made
precious
of
metals,j
stones,
semi-precious
or tortoise shellsstones, pearls, corals, elephant’s
... ivoryij
2. Other or embroidered 4050 „„
Group XI.—Fulp for paper
Manufactures, Books,making, Papers, Paper
and Pictures,
361 j1 Pulp for paper making:
362 j Printing 2.1. Mechanical
Otherpaper: pulp
j 2.1 Art Other: paper ...
.J A.B. a.Osher Coloured in the paste ... ...
Weighing not more than 58 grammes per square
b. metre
Other 1.00
2.20
363 J Writing
364 , Drawing paper
paper 3.15
3.55
365
366 Blotting
Filter paper
paper 3.80
17.40
367 i Cigarette
Packing paper and match paper, excluding tissue paper 1.75
12.40
368
369 j Wall paperpaper 8.50
370
371 i Pasteboard
Chinese paper or cardboard
of allpaper
kinds and tissue paper ... 1.50
30%
372
373 | Imitation
Imitation Japanese
parchment, paraffin paper and wax paper: 3 25
1. metal
Covered with or with application
powder, embossed, or printed of metal foil 3.85
374 . 2.
Tracing Other paper paper 3.20
22.00
375
376 Oiled Litho paper transfer 36.50
5.00
377
878 Papers,Glass paper for windowprovided
not otherwise pane for: 57.20
1. metal
Covered powder:with, or withapplication
with, or with of metal foil
A. ofCovered
precious metal... application of foil or powder 30%
10.90
2. B.A.Coloured
Other
Embossed on the surface:
3. B.A.Printed:
Other
Embossed ...
4. B.A.Other:
Other...
Craped 12.70
Paper B. lacesOtherandorpaper
wrinkled 25%
]. metal
Coveredpowder with, orborders:
with application
... ., of metal foil or 100 kins
2. Other ... ...
CUSTOMS TARIFF OF JAPAN
Blank Books: Yen.
1.2. Of
Other: Chinese pa pear ... 9.00
A,B. Other
With paper covers ...; 25.30
47.80
381
382 Blankpaper
Note formsin box ad val. 16.40
383 Envelopes:
1. In box, including those accompanying note paper
2. (including
Albums: Other boxes) 100 kins
2.1. A.With
With cloth leathercovers:
covers ad val.
Wholly or partly of silk ... 100 kins 48.90
20.00
3.4. B.With
Other
Other
paper covers 15.30
40%
Test
Baryta paper paper, albuminized paper, ...and sensitized papers 20 „
for photograph:
2.3.1. Baryta
Albuminized paper (including
Bromide paperpaper
inner packings)
and(including
platinum inner
paper packings)
(including...inner
packings)
4.5. “P.O.P.” (including inner packings) 184.00
80.50
Carbon Other paper including glasspaper ...... 40%
27.30
387
388 Emery paper, 2.00
389 Labels
Playing cards ... ... ... ... ... 35.20
113.00
390 Photographs ad val. 50%
Caligraphies
Printed..and picture:
1.2. Other 100 kins 39.30
ad val. free
30%
Card
Picture calendars and block calendars
post-cards 100 kins 52.40
Christmas
Printed cards
books, and the
copy like drawing books with designs,
books, ad val. 50%
music,
not newspapers,
otherwise periodicals
provided for and other printed matter,
Plans,
Geographical architectural and engineering
gramsmoney,
Paper or mapsatlases or maps, charts and scientific dia-
notes, coupons,... share certificates and
bankpapers
other
Waste negotiable
paper of paper or pulp, not otherwise provided for
Manufactures 40%
Group XII.—Minerals and Manufactures thereof.
Silica
otherwise sands,provided
quartz sand,
for: and other sand, and gravel, not
1.2. Coloured
Other
Flint
Pumice stone,corundum
powdered orsand, not Tripoli and similar mineral
Emery
substances sand, for grinding
Path
Metal bricks not otherwise ... polishing
or ......
Inpolishes,
1.2. Other paste (including receptacles)provided for
204 CUSTOMS TAKIFF 01’ JAPAN
Unit. Rate of Duty
Grindstones
Artificialor whetstones:
2.1. AOther: Oil stones, whetstones and the like .. 27 90
Slate B.and Othermanufactures thereof, not otherwise provided 10%
for:
1.2. Other:
Unworked
A.a.Unsmoothed,
Roofing... unpolished or...uncarved
...... .,... ... ... .. j 0.20
B. b.Other
Other ; 4010%„
Lithographic
Unworkedstone: free
411 2,1. Other
Bort, carbonado and |i 100 kins 0 50
free
412
413 Precious
Semi-precious ... other
stonesstones black diamond
...and manufactures thereof, not other- ‘ ad val. 5%
wise provided for:
2.1. Other
Stones
Uncut or unpolished
and manufactures thereof, not othe wise provicedji
j
for:
1. regular
Unworked,
2. A.Other; shapeor split or roughly hewn as it presents no
Amber
Unsmoothed, unpolished or uncarved
B, Other
and manufactures thereof, not otherwise provided 4010%,r
for:
1.2. Other
Unworked
Waste
Meerschaum amber or artificial meerschaum and manufactures|j
thereof:
2.1. Unworked
Asbestos, Otherand manufactures thereof, ... not otherwise pro-j||
vided for: powder or fibre
2.3.1. Yarn
In lump,
Board
j
■I
0.70
6.00
1.70
4. Other
Mica, andslabmanufactures 10.30'
1.2. InSheet: or powder thereof,
... ■ not otherwise provided for:\
A. Other-
Uncoloured... or unornamented ad val. 30%
3.4. B.Glued
Other together with or without tissue, paper, etc. ...j.|j 100 kins
ad val. 30.00
30%
Talc and soapstone, powdered or not free
420
421
422 Phosphorite
Kainite, kieserite, carnallite and similar salts ...'
423 Gypsum: 100 kins
2.1. Uncalcined
Other of gypsum
Manufactures ......| ad val. 40%
free
Plumbago
Manufactures of plumbago, not otherwise provided for:- ....[j 6.15.
2.1. Crucibles
Other i 30%.
CUSTOMS TARIFF OF JAPAN 2C5
Rate of Duty.
Coal Yen.
429
430 Coke coal or briquettes ....„
Brick
free
5.65
10%
431 Portland
similar cement,
Manufactures, hydraulic Roman
cementscement,
of cements: ... ...puzzolana
— cement and 100 kins 0.30
1.2. Unpolished, uncoated or uncoloured ad val. 30%
40free„
Dolomite Otherand magnesite, calcined or not
Minerals
for: and manufactures thereof, not otherwise provided
1.2. Unworked
Other: 5%
A.B. Other
Powdered or calcined
Group XIII.—Potteries, Glass, and Glass Manufactures.
Bricks,
1.2- Fire excluding
bricks cement bricks:
Other:
A.B. Glazed or coloured
Other:
a.b. Other
Perforated ...
Tiles of clay:or coloured ...
1.2. Glazed
Other
fireproof
for : manufactures of clay not otherwise provided
1.2. Crucibles
Gas retorts stoppers ... 3.00
20%
3.4 Nozzles
Othernotand
Potteries,
1. precious
Combinedmetals otherwise provided
with precious for metals coated with
metals,or
440 2. Other
Broken 4050%„
441
442 Glass
Glass inpotteries
powderlump 10%
4»3 Glass rods and glass
gla=s :tubes... 107 00„
414, Plate or sheet
1. A.Uncoloured
Not or unstained,
exceeding with flinitthickness
4 millimetres surface : :
a.b. Not
Other exceeding 1 square metre each... ... ...
B. a.Other:Not exceeding 1,000 square centimetres each
b.
2. A.Silvered: Other
Not exceeding 1,000 square centimetres each...
3. B.Stained,
Other
embossed coloured
and the1 orsquare
likeground,
: metreexcluding those ribbed,
A.B. Not Other exceeding each,
4.5. Other
Ribbed, embossed or the like
Plate glassglass,havingwithout
inlaidframe
metal wire or net ad val.m,
100
446
447 Side-light
Sky-light glass 100adsq,kins
val.
448 Spectacle glass, cut
206 CUSTOMS TAKIFF OF JAPAN
Optical
1. Unpolished lenses or prisms, without frames or handles:
2 Other ... 20%
Deck-glass
Object glassfor forformicroscope
microscope: . 1,000 p
Dry plates photograph 100 k
1.2. Undeveloped
Other and eyeglasses: (including inner packings) ... .
. 29.10
40%
Spectacles
1. With frames or handles of precious metals, met tls
coated
tortoisewith shellsprecious metals, elephant’s ivcry, or 5040 „„
2.
Looking Other glasseswithor mirrors:
1. Combinedprecious metals precious metals or metals ... coated with
2. Other
Glass' stones,
gems ofimitationbeads, including those of imitation
metals, imitation pearls,
Glass corals,
cullet &c ... ••
Glass manufactures,
1. Combined with not otherwise
precious metals provided
or ...metalsfor:coated
2. Other precious metals ... ..
Gboup XIV.—Ores and Metals.
Platinum:
1. Ingots,
Wire orslabs,
3.2. Waste
bars, plates and sheets
old, fit only for remanufacturing ...
1 kin
ad nai-
44.00
193.00
Gold: 5%
1.2. Ingots,
Tubes slabs,wiregrains, plates, sheets and bands••• free
Foils and
3.4. Waste or old, fit only for remanufacturing ...
20%
30free
Silver:
2.1.3. Foils
Ingots,and
Tubes slabs,wireplates,
.. sheets and bands -. 20%
4. Waste or old, fit only for remanufacturing ...
Iron:
1. In lumps, ingots, blooms, billet*, and slabs: 0.10
A.B. Spiegeleisen
Pig iron 0.16
C.D. Ferro-mangane*e 0.25
0.20
E. Ferro-silicon
Ferro-chrome,
other non-malleable
andferro-nickel,
silioo-spiegeleisen
iron alloys
... ... acd
ferro-aluminium ad val.
F. a.Other: Ingots,steelblooms, billets, steel
and slabs .. 100 kins 0.50
b. Keg and bamboo ad val. n.60
74%
2. Bc.T, angle, rod,
&c including those having such a shape a 100 kins
3.4. Wire rods, in coils ..
A.Plates and
coatedsheets:
I.II.NotCheckered with... metals:
... ...
Corrugated
CUSTOMS TARIFF OF JAPAN 207
Rate of Duty.
III.a. Other:Not exceeding
exceeding 0’7 millimetre inin thickness
thickness 0.40
b. Other
e. Not 1'5 millimetre 0.75
0.60
B. I.Coated Tinnedwith(tinned
base metals;
iron sheets and tinned steel
a.b. sheet?):
Ordinary
Crystallized,(corrugated
embossed oror the like ... 0.90
0.35
II.
III. OtherGalvanized not; ad val. 2.00
20%
6.' A.Wire: Not coated with metals:
a.h. Other
Not exceeding 4'5 millimetre in diameter 100 kins
B.I.Coated with base metals:
Galvanized;
a.b. Not
Other exceeding l-5 millimetre in diameter
II.
III.Tinned Other ... ad val.
6.7. Reed
Ribbons wire ... 100 kins
8. A.Bands (hoop iron): metals 0.50
B. Not Coated coated
withwithbase metals 10%
9. A.Paragon Not coated wire:with metals 4.10
B. Coated with base metalswires, coated or not with 20%
10. Wire base rope and twised
metals
11.
12.A.BarbedPipes andtwisted
tubes, wires
notmetals
otherwire
I.Not coated
Elbows andwithjoints: : provided for:
a.b. Other
Non-malleable...
II.a.Other:Cast 1.00
b.c. Other
Drawn 2.30
1.10
13B.Waste Coatedorwith old, fitbaseonlymetals
for remanufactuiing
Aluminium
1.2. Ingots, : slabs and grains 3.20
Bars orandrods, 18.60
3.4. Wire
Waste or tubesplates
old, fit only
and sheets... ... ... ... ...
for remanufacturing
20%
Copper
1.2. Ingots :
and slabs
3.4. Bars
Plates
Wire:
@randrods...
sheets ....
A. a.NotNotcoated with metal?: 13.10
B. b.CoatedOtherexceeding
with
0 5 piillimetre in diameter
base metals... ... ... y.,. 9.50
14.20
5.6. Twisted wires 25%
A.B.Pipes
Notand tubes:
coated with metals ... ... ... .. 10")ad kins
7. Waste or old, fitbase
Coated with onlymetals
for remanufacturing... , . . val.
100 kins
CUSTOMS TARIFF OF JAPAN
Rate of Duty.
Lead:
J. Ingots and sheets
slabs 0.40
1.80
3.4.2. TeaPlatesleadand
Wire, ribbons and bands
free
5. Tube
I in:6.1. Waste or old, fit only for remanufacturing
Plates, and
Ingots
3.4.2. Waste
Foils sheets,slabswire and tubes
100adad kins
val.
Zinc: or old, fit only for remanufaeturing ... val.
1.2. Ingots, slabssheets:
and grains
A.B.Plates and
Nicfcelled .
Coated with enamel- paint, varnish, lacquer, &c.
C. a.Other: free
34. Wire b. tNot
therexceeding
and tubes
0 25 millimetre in thickness... 100ad kins
val.
2.95
20%
Waste or old, fit only for remanufactuiing 100 kins 0.40
Nickel: 4.75
2.3.1. Ingot-and
Bars
Wire orandrods, grairs
tubes plates and sheets ... 24.00
20%
4. Waste or old, fit only for remanufacturing
Mercury 5„
free
470 Antimony Ingotsandorandold,
sulphide of antimony :
2.1. Waste
Brass and bronze:
slabs
fit only for remanufacturing
471 1.2. Ingots and^labs ... 10%
7.55
3.4. Bars Plattsorand
Wiie
rodssheets
...
8.30
9.90
5. A.Pipes Not and
coatedtubes:
with metals 12.90
B.Foils Coated with base metals 14.90
32.90
Gern7.6. Waste an silvtr; or old, fit only for remanufacturing 2.25
1.2. Ingots orandand slabs 100adad kins
val. 10%
14.60
3.4. Bars rods, plates and sheets
Waste or old, fit only for remanufacturing ...
Wire tubes val. 20%
105.20„
Solder
Babbitt’s metal and other anti-friction metals: 100 kins
474 1. Ingots and slabsfit only for i emanufacturing ... ... 4.80
475 Gilt2.1. orWasteGi silvered
t wire
or old,metals : ad val.
ICO kins
10%
194.00
2.3. Other
Silvered wire ad val. 81.60
40%
(
Metds, meLils not
having otherwise
a and provided
formgrains for, and
not otherwise aforementioned
provided for :
1.2. Ingots,
BarsT, angle,siibs
or rods&c.), (including ...
aspipes and i ubes plates, those
sheets,hiving
ribbons,such
bands,a ihape
wire,
3.4. Wire rope and twisted wires ... ...
5. Foils Waste or old, fit only for remanufaeturing
CUSTOMS TARIFF OF JAPAN 209
Rate of Duty.
Group XV.—Metal Manufactures.
Nails,those rivets,
madescrews,
of or bolts, nuts orandeoated
combined the like,
withexcluding
precious
1. A.metals:
IronNotnails:coated with metals 1.23
2.3. B.Iron
Copper Othernails ...... ■ 2.55
15.60
4. Bratsscrews screws and bronze screws..
5.6. Iron bolts, iron nuts, and iron washers... ... .
7.8. Iron
Iron rivets
dog-spikes ... 1.45
•478 9. Iron
Otherboot protectors
Belt-fasteners,
5.60
25%
1. Of
2. Other iron not otherwise provided for:
,479. Metal nets or nettings:
1. A.Woven: Of iron,
B.C. Of copper,galvanized
Other
or not ...excluding endless
brass or bronze, «... .
100 itres 13.50
34.10
25%
2. Other: ad val.
A.B. Of ir. n, galvanized or not
Other 100ad kins
val.
Rivetted
Flexible iron tubes ...
tubes: ... ... ... .
1.2. Of iron
Other for railway construction, not ;. ... ... . 13.90
20%
Meterials
vided for: otherwise pro-
1.2. Rails ..;
Portable railsand parts thereof ...... ... 100 kins 0.80
1.80
3.4. Turntables
Fish-plates, tie-plates and...sleepei 2.55
1.10
5. Other
Pestotherwise
and otherprovided ... electric lines, not
materialsfor:for suspending ad val. 25%
2.1. A.Posts
Other: and parts thereof
Of iron ..
100 kins
B.
Materials Other
for construction of buildings, bridges, vessels,
Gas docks,
holders, &c,tanks
not for
otherwise
liquid, provided
and forthereof
parts (of iron;
Insulated
1. A.Armoured electricwithwires:
metals: or telephonic cables
Submarine
B. a.Other: telegraphic free
Combined with india-rubber or gutta-percha 9.40
b Other
2. A.Other: Flexib'
a.b. Other e coids:
Combined with silk
B. a.Other:
Combined wi h india-rubber or gutta-percha 12.r0
Harpoons ft. Other 2>'%
13.80
Iron anchors 1.95
210 CUSTOMS TAEIFF OF JAPAN
Unit. Rate of Duty.
s, andofotherwise provided for: with precious metal Yen.
2.1. A.Made
Other: Of iron:
or Combined or coated 50%
а. Other
Gearing chains
B. б.Other
Chain
Chains belting for machinery
for watches, spectacles, eyeglasses or other personal
adornment:
1.2. Gilt
Of gold or platinum
3. Other ... 18.00
Cocks and valves, excluding those made of, or combined or 50%
coated with precious metals:
2.1. A.Other:
Coated with base metals
а.б.OfEach
iron:weighing not more than ICO kilogrammes
Each weighing not mo:e than 1,000 kilogrammes
8.00
0.95
c
B.C. Of Other
brass
Other or bronzes 100adad val.
kins
val. 2525%80-
Hinges, hat-hooks, and meia'’ fittings for doors, windows,
1. furniture,
Made of &e.:
metals or combined i. r coated with■ piecious
2.3. Coated with base metals
A.B.Other;Of iron
Of brass or bronze ... ... ... 100 kins
Locks C.and Other
keys : ad val.
2.1.3. Made
Coatedofwith or combined
base metals or coated with precious metals ...
A.B.Other:
Of iron
Of brass or bronze ... ... ... ...
Platinum C. Other
crucibles or dishes implements
... '
Mechanics’ tools, agricultural and parts there-
1.2. of,Anvils
Hammers
not otherwise
...
provided for: ... ., 2.55
4.00
3.4. PipeWrenches cutters and ratchets : 12.60
15.90
5. A.Tongs, Each nippers
weighingandnotpliers more than 5 kilogrammes 100ad val.
kins 22.10
B.
6.7. Vices Other 100 kins 20%.
5.15
A.B.Files,
Nothaving
Not more
more than
a length
than
than
excluding the tangs: ' ..
203010 centimetres
centimetres .. 27.90
13.00
C.D. Not more
More than 30 centimetres centimetres 9:70
8.5050
8.9. Stocks
Augers andanddies, or screw plates (including boxes) 1220:10
10. A.Shovels White scoops:
handles 4.10-
11.B.Other
Drills,
Other
20%2.10
frame? reamers, and screw taps, not having handles oj
bits,
CUSTOMS TARIFF OF JAPAN 211
No. Unit. Rate of Duty.
Yen.
Screw
Cutlery, jacks
not otherwise provided for: 100 kins 7.80
2.1. A.Other:
Made of or combined or coated with precious metal ftd val. 50%
a.Pocket
With knives:
ivory, handles made of ororcombined
mother-of-pearl tortoise with
shells,elephant’s
or en- 100 kins 20.90
b. amelled
Other 6.85
B. a.Table
With knives:
handles made of or combined with elephant’s
ivory, mother-of-pearl, or tortoise shells or e> - 47.40
b. amelled
Other 4.65
C. a.Razors: !
With handles ad val. 1 40%J 0
i 22
P.b.Other
E.
Other
Swords | 4040 „„
.500 Table forks or spoons : 50 „
2.1. A.Made
Other-
Forks
of or combined or coated with precious metals
... ... ...| 100 kins 4.90
501 Corkscrews B. Spoons
1,000pieces 't 10.20 170.3520
.502 Capsules for bottles 1 1 gross 0.10
504 CiCartridge
.503
.505
own corkscases or shells, of metal
Sewing of knitting needles, and pins, excluding those for IOC kins
! 42.00
personal
1. Hand-sewmg adornment:
needles |I 464.00
£0.50
3.42. Other
Sewing
Knittingmachinesmachineneedles
needles ad val J :0% | 180.00
.506 Pens:
1. OtherOf gold £00. 0„
2. 1 gross 4.70
.507
£08 Copy
Call-bells, press and ...
alarm bells for vehicles ... ... . 100 kins I! 44.00
509 Air pumps for cycles 100 pieces 13.50
12.60
.510
.511 Meat choppers
Coffee millsfreezers 100 kin 13.50
512 Ice-cream | 13.00 2.00
513 Iron
514 Stoves pans for tea roasting or caustic soda manufacturing
1. AOf: Enamelled
cast iron: iS 13.49
13.70
2. B.Other
•515 Radiators:
Other... ad val. 40%
1.2. OfOther cast iron 100 kins 6.60
516
617 Bedsteads
Safes and and parts
cash boxes thereof 0adOkval:ns ! 40% 10%
I*.85
618 Cash-registers,
dating calculating machines, numbering
machines, cheek perforators and the like, and machines,
519 parts thereof 100 kins ; 94.00 25 „
5iiO Typewriters
Coins:
1.2. Of gold
and parts thereof
or silver .* free
A.BOther:
Home-eurrencies
Other ad val. 10%
212 CUSTOMS TARIFF OF JAPAN
Uni jRateof Duty.
Manufactures ofor precious metals and metal Yen,
521 combined-
wise provided coated
for with precious metalsmanufactures
not other- ad val. | 50 %
522 Manufactures of copper, brass or ^bronze, not otherwise
1. provided
2. Coated
Other
for: base metals
with
... ... ... 100 „kins 1 48.00
40 „
523 Aluminium manufactures, not otherwise „ i 92,00
524 Iron1. Enamelled
manufactures, not otherwise providedprovidedfor: for ... 12.70
2.3. Other.-
Coated with base metals ad val. 407c
A.a.Cast: Each weighing
weighing not not more
more than
than 505 kilogrammes 100 kins 9.60
b. Other
Each kilogrammes ... 6.60
4,50
c.
B. a.Other:Each weighing not more than 5 kilogrammes 12/0
7.50 1
b.c. Other
K'ach weighing not more than 50 kilogrammes ... 5,00
525 Metal manufactures, not otherwise provided for ad val. 40 %
Group XVI.—Clock, Arms, Watches,
Vessels andScientific Instruments, Fire
Machinery.
Watches:
1. A.With gold or platinum cases :
Not exceedingcylinder
a.b. Other
Having 40 millimetres
escapementsin diameter : 1 piece 10.50
40.90-
B Other: a.b. Other
Having cylinder escapements ... 15.50
15.90-
2. A.With silver or gilt40cases :
a.b.NotOtherexceeding
Having cylindermillimetres
escapementsin diameter:
B. a.Other:
3. A.Other b. Having
Other cylinder escapements
; cylinder escapements
B.ofOtherHaving
527 Parts1. ACases, watches:
including those having glasses :
Of
a.b. Othergold
Not or platinum:
exceeding 40 millimetres in diameter 10.00-
15.00*
B. a.OfNot silver, or gilt:40 millimetres in diameter
exceeding 0.45
b. Other 0,60’
0.20
2. A.C.Movements,
Other including those having dials and hands :
Having cylinder escapements 0,50
B. Other 0.90-
0.60*
3.4. Hair
Springs springs -. 100 pieces 0.35
1.20
6.7.5. Jewels
Dials
Watch for glasses
movements . ' . 100 kins i| 58,60*
ad val.
8. Otheror hanging ; 4U40 „
528
529 , Standing
Watchman’s clocks andclocks other time-recording clocks 30
CUSTOMS TARIFF OF JAPAN 213
Partsof ofwatchman’s
standing orclockshanging
or otherclocks, of towers
time-rect rdingclocks
clocksand
1. A.Movements:
For watchman’s clocks or other- time-recording
clocks ad val 30%
B.a.Other:Each weighing
weighing not not more
more than
than 101 kilogramme 100 kins 78.40
b.c. Other
Each kilogrammes ad val. 4540%90
2.3. Springs...
Hairsprings ... ... ...
- 100 kins -
1 kin 12.60
1.60
4. Other and parts thereof excluding those for 40%
Chronometers
pocketcompasses
use and parts thereof
Mariners’
BinocularsWith prismsmonoculars:
2.1. Other
and
...
1. Each
2. Other weighing not more than 1 kilogramme 102.00
20% -
Microscopesrules,
Straight and squares,
parts thereof
measuring tapes, wire gauges, 20 „
screw pitch gauges, dividers,
thicknesslevelsgauges, micrometers,
1.2. protractors,
Of wood calipers, and the like:
3. A.Of metal
Of Intissue:
case
4. B.Other
Balances,
Other
with weights or not: ad val.
1. A.Platform Each balances:
weighing not more
B.C. Other
Each weighing not more than
than 40450kilogrammes
kilogrammes 100 kins 12.(0
7.50
2. Other 5.15
Parts of balances and weights ad val.
Gas1. 'meters:
EEach
ach weighing not more
more than
than 5001 kilogram ne 100 kins 22.00
3.4.2. Each
Each
weighing
weighing not
weighing
not
not more
more than 1,000kilogramme-...
than 10,000 kilogrammes
kilogrammes
18.00
10.00'
5. Other 6.00
4.00
Water
1. Each meters:
Each weighing not not more than
than 10 kilogrammes ...... 33.00-
3.4.2. Other weighing
Each weighing not more
more than 50100kilogrammes
kilogrammes...... 19.00
14.00
Thermometers; 7.00'
2.1. Clinical
Other thermometers, in case or not (including case)
1.2. Aneroid
Barographs ...
barometers
3. Other 100 kins
ad val.
Ampere-meters
Wattmeters and voltmeters 100 kins 62.50
Pressure gauges,ship’s
including vacuum gauges 39.90
46.40 '
Tachometers,
meters, dynamometers, logs, cyclometers,
steam engine indicators, and
pedometers anemo-
the
like
Electric batteries:
1. Accumulators ..
2U CUSTOMS TARIFF OF JAPAN
Yen.
13.80
2.3. DryOther batteries ... ... ...... ... ... 25%
548 ! Parts of electric batteries,...excluding carbon for electrical
use:
1.2. Other
Electrodes
549 Surgical or orthopedic instruments and parts thereof, not
otherwise
550 | Drawing provided forinstruments and parts thereof, not
or surveying
otherwise provided for and parts thereof, not otherwise 20 „
551 Philosophical instruments 20 „
552 Magic provided for cinematographs or kinetoscopes, and parts
lanterns,
thereof instruments ... 50,/
50 „
553
554 PartsPhotographic of photographic instruments:
555 2,1, Lenses
Other ...gramophones.’and other talking
Phonographs, ... ... machines
556 Parts and accessories of phonographs, gramophones and
1. other Discs
A.B. Other
talking
or machines:
cylinders for
With music recorded the reonmusic: |j 100 kins 74.30
57.40
50%
2.
557 ji Musical Other instruments: I ad val.
1,2. Organs
Pianos 100 kins 34.40
23.10
3.4. Accordions 30.00
558 1 Parts Other
and ... .. of musical instruments : ... ... ...jj
accessories ad val. 40%
1.2. Organ reedsfor winding wire J 100 kins 28.00
3.00
3. Piano
559 Telegraphic Other pins and telephonic instruments and parts thereof, ad val. 10%
560 j Fire-arms not otherwise
and-parts provided
thereof: for
1. Rifles and sporting guns 1 piece 7.40
1.40
I 2.3. Pistols or revolvers
Othercarriages ad val. 40%
561 I| Railway not otherwise and otherforvehicles, running on rails,
provided
562 Partsonofrails, locomotives,
not tenders and other vehicles, running
1. A.Wheels
For and otherwise
axles : provided for:
locomotives 2.40
2.3. B.Buffers
Other
Tyres and forsprings _ 1.50
1.00
3.00
45. Other
Coatrollers electric* cars 20%8.00
.563
564 || Automobiles
Parts of automobiles, excluding... motive machinery 5020 „„
.565 Cycles:
.566 Parts 2,1. Other
With motive machinery
of cycles, excluding motive machinery: ... ... ... 1 piece
l.
,, 3.2. Rims, Tyres spokes, nipples and mud ... ... ... ... ...
guards 100 kins
Handle
hubs bars, saddle-,those
(excluding pedals,withchains, sprocket-wheels,
brakes) and
bia.ke->
4. Coaster brakes, gear..: cases,
... ...free
...wheels : roller
and valves
CUSTOMS TARIFF OF JAPAN 215
Unit. Rate of Duty.
Yen.
40%
5. Otherand ...parts thereof, not otherwise provided f
Vehicles 40 „
Vessels:
1, thosePropelled
tonnage whoseby capacity
mechanicalis power not toorbesai'measureds, excluding
by 1 gross ton 15.00
2,
Steam Other
Partsprovidedboilers ....
and accessories
...
... ..
..
of steam boilers, not otherwise 100ad kins
val. 3.70%
for:stokers 4.25
2.1. tubes
Mechanical
Flanged boiler plates, and corrugated boiler furnace 2,45
3.
Fuel Other
economizers .... ... 251,60%
571
672 Feed water-tenters ... ...running on rails 7.10-
573 Locomotives
1, A.Locomotives: and tenders,
Propelled
B.Tenders
Other by steam power
2.
Steamengines locomotives notroad-rollers
running on rails, portable steam
Steam and steam
turbines ...for : 5.20
20%
Steam engines, not
1, Each weighing not more otherwise provided
than 250 kilogrammes... 16,00
.„, „„ 5,000 1,000 kilogrammes...
kilogiammes... 9,00
8.00
„„ „„ 100,000 50,000 kilogrammes...
kilogrammes...
6. Other
Gas1. engines, ... .
petroleum engines and hot-air engines :
2. Each weighing not more than 1,(00 100
250 kilogrammes.
kilogrammes... 30.00
20.00
kilogrammes...
2,000 kilogrammes... 9.00
7.00
5. Other
Water turbines and Pelton wheels : 5.00
1. Each weighing not more than 1,000 500 kilo rammes...
kilogrammes... 26.00
9.00 •
5,0000 kilogrammes...
kilogrammes.. 8.00
7,00'
4.5. Other„ ... . 10,0( 5.40
Dynamos, electric motors, transformers, converters and
armatures:
1. Each weighing not more than 2550 kilogrammes.. kilogrammes., 16.00
100 kilogrammes.
kilogrammes. 14.00
13.00
250
500 Kilogrammes. 12.00-
1,000 kilogrammes... 10.00
9.00
7,8. Other
„ !_ „ „ „ „ 5,000 kilogrammes...! 7.00
Dynamos combined with motive machinery : 20%
2,1, A.Combined
Combined with
with steam
Each weighing steamnot moreenginesthan: 250 kilogrammes... | 100ad kins
turbines val.
15.20
500 kilogrammes... 10.60
10.20
V. 1,000> kilogrammes
„„ 2,00 kilogrammes... .. 8.80
5,000 kilogrimmes...j 8,40
7.20 ‘
,,10,000 kilogrammes ..
„ 50,000,kilogrammes...! 6.00
CUSTOMS TAT IFF OF JAPAN
No.
H. Each v
4. I.Combined
Cther.. with gas (
hot-air engines: not
A, Each weighing e than 250 kilogrammes
ki’ogrammes
„„„ 2,000500
1,000 kilogrammes
kilogrammes
„ 5,000 kilogrammes 5.80
581 4. F,Other
Motive
Other
machinery, not otherwise provided for ... ...
20%
.582 Blocks Ofand woodchain blocks: .
2,1, A,Other: ...
Each weighing not more than 5 kilogrammes
583 Cranes:B, Other
1.2. Other
Combined with motive* machinery
584 Capstans,
not winches, windlasses
otherwise provided and other winding machines,...
for:
1, ACombinedEach with motive machinery 1,000 kilogrammes 8,00
„ weighing
B.C.% Other „ not ,. more than. „ 5,500 kilogrammes 600
5.00
2. Other 3.85
585 Dredging machines: 5.C0
586 2,1. Not
Power Other framed
hammers: ad val. 2C%
1. A.Steam Eachoperated:
weighing not more than 10,000 kilogrammes
B.Other
Other 100 kins
.587 2,
Air compressors, ammonia compressors, and other gas ■ad val.
588 Sewing machines : including tops of sewing machines. 100 kins
1.2, Other
Without stand-,
589 ' Parts and accessories of sewing machines, excluding
1.2, needles:
Of
Other cast iron ...
590 Divi' g apparatus and parts thereof:
591 2.1. Other
Pumps,
Diving dresses
not otherwise provided for:
15.00
20%
]. A.Of Each iron : weighing not
B. „ „ „ more „ than „, 5,000ICO kilogrammes
SCO kilogrammes
kilogrammes
12,00
9.00
8,00
I),E. ,, 10,000 kilogrammes 7.00
6.00
F.OtherOth. r 50,000 kilogrammes 4,60
.592 2,
Injectors ad val.
iron; nd ejectors :
2.1. Of> *ther 100 kins 9.00
58,60
593 Blowing machines ad val. 20%
Hydraulic
1.2. Each presses: not more than 500 kilogrammes
„ weighing „ „ „ „ 1,000 kilogrammes 100 kins
CUSTOMS TARIFF OF JAPAN
No. Articles. Unit. Rate of Duty.
Yen.
4.3.5 Each„ weighing
Other „ not „more than „ 50,0005,000 kilogrammes
kilogrammes
'a. al ...
7.00
5.00
4.00
595
596 Pneumatic toolsworking machinery, not otherwise provided 52.30
Metalfor,or includingwood rolling machines, drawing machines,,
nail-making machines, moulding machines, flangingl
1.° machines,
Each weighing ,,„
bending
not „„
machines,
more than rivetting
„„ 100 25 machines,
kilogrammes
50 kilogrammes
&c.:...j 27.50
22.50
kilogrammes 14.30
12.80
„ „„ „„ 250 500 kilogrammes 11.30
„„„ „„ „„ 2,500
1,000 kilogrammes
kilogrammes 9.80
6.80
„,, „„ 5,000 kilogrammes
„„ 50,000 kilogrammes
kilogrammes
H.00
3.80
10-
Spinning Other machines, preparatory machines for spinning or 3.50>
weaving,
including and yarn
ginning finishing
machines, or
scouring twisting machines,
machines, bundl-
598 Weaving ing machines,
loom?; etc ... - 4.15
1. Of
2. Other metal ... ... ..... ad val. 2.40-
15%
599
600 Tissue finishing machines 100 kins 4.80
Knitting machines:
601 2.1, Each
Yarn Other
or
weighing not more than 500 kilogrammes
tissue dyeingandmachines,
24.12
12.00-
printing
mercerizing machines,
machines yarn orincluding yarn tissueor
tissue bleaching
Paper
papermaking making machines and preparatory machines for... 15%
15 „
Printing machines:
604 2.1. Each
Machinery,Otherweighing not
not more than 250 kilogrammes .
otherwise providedprovided
for for : . 100 kins 205.90„
605 Parts of machinery, not otherwise ad val. 20%
1. A.Iron Toothed wheels:wheels
100 kins 6.40
2. A.B.Boilers:
Other
Of Iron:
5.40
II.I.а.Carved
Other:
Each weighing not more than 5 kilogrammes
ad val. 20%
100 kins 10.70
c.d.б. Other
„„ „„ „„ „„ . 1,000 100 kilogrammes
kilogrammes 9.50
5.80-
4.30
B. Ofa, copper, Carved brass or bronze: 22.20
b. Other
C.D. Covered with copper, brass or bronze ad val. 10.90
20%
Othercutters 20,,
4.3.5. Milling
Saws for and gear cutters
machinery
Iron spindlesof spinning or flyers for spinning
"...
or yam twisting ...
100 kins 130.00-
11.10
20.60-
6. A.Travellers
Of iron,in eludinginner or yarn
innerpackings twisting:
packings 28.40
7. A.B.Bobbins
Other, iroluding
Of woodfor spinning or yarn twisting;
43.90
11.30*
CUSTOMS T \KIFF OF JAPAN
Unit. Rate of Duty.
8. B.A.CardOtherOf cans:
metal
B. Other
9. A.CardCombined Clothingwith
: leather
B.Shuttles
Other 28.00
24.80
10.
11. Reed-i offelts metalfor paper making 12.80
12.50
12.
13. Endless
Endless metal nets for paper 25.00
25.60
14. Other ... ...making
Group XVII.—Miscellaneous Articles.
FunoriIrish(Gloiopeltis),
moss straw,sehkasai (Gelidium corneum) and
Straw,willow Panama wickers and palmlikeleaves,
the : rushes, reeds, vines,
1.2. Other
Bleached, dyed or coloured 10%
Rattan:
2.1. Other
Bamboo
Unsplit ... free
1.50
20%
Cork and cork manufactures : free
2.3.1. Bark
Sheets and rings : 10%
A.B.Stoppers
Wholly
Othferand ofoldcor a 9.30
40%
4.5. Other
Waste free
20%
Wood: w
1. A.Cut,Kwarin, sawn, ortagayason
split, simply:
orebony
boxwood,
wood red or rosevvood, redrufum,
(Baryxylum sandalLour),
woodtsuge
and 0.50
B.C. TeakLignum vitae ... ... ... ... free
4.20
D.E. Oak Mahogany ... ... I.. ... 10%
5„
F. I.Pine, Cedar, fir and
not cedar: 2) centimetres
exceeding in length,
II.centimetres
a.b.Other:
in width and 7 millimetres in thickness
Not exceeding 65 millimetres in thickness 3.10
Other... 1.8090
0*.1.50
H.I.G. Other
Kiri (Paulownia
Shurochiku (Rhapistomentosa
.... . . .
or Paulownia Fortonei)
fldbelliformis)
... ... ... ... ... 15%
2. A.Other: Woo 2520 „„
Wood1 flocks
B.C. Other shavings
'or not 2525 „„
614 Wood pith,
Filter massinofsheet vegetable matter 6>C
615 Firewood 10%
150.40„
616
617 Charcoal...
Animal charcoal... 100 kins
118 Filamentsforforelectrical incandescent electric lamps provided for ad val, 20%1.30
619 Carbon use, not otherwise 100 kins
CUSTOMS TAB IFF OF JAPAN 219
Rate of Duty.
Yen.
620 | Plaits
Sparteries of straw or wood shaving, pure or mixed with one
1. another:
A.B.Straw Not plaits:
exceeding -
610’0
5 millimetres
C. Not
Other exceeding millimetresininwidth
width
2. Other
Matstextile or mattings,
fibres : made of vegetable materials excluding
2.1. A.Other:
For packing free
B. a.Of rush
OfMattings
coir: ... ... ...
... 3,20
7.40
b. Other
C. Other of straw, Panama, straw, palm leaves, rushes, 8.75
35%
628 Manufactures
reeds, bamboo, rattan, vines,forwillow wickers, or the
like, not otherwise provided
624 Umbrella
1. Made sticks,
of or walking
combined sticks,
with whips and their
precious metals,handles
metals
coated
precious with precious
stones, pearls,metals,
corals,precious stones,
elephant’s ivorysemi-or
tortoise shells
2. Other and parasols: ...
625 Umbrellas
2.1. Other
Wholly or partly of silk 4050 „„
626 Wood1. Combinedmanufactures, with not otherwise provided
precious metalsfor:coatedstones,
precious
pearls, metals,
corals, precious metals,
elephant’s stones,
ivory semi-precious
or tortoise shells
with
2, A.Other: Of Kwarin, tagayasan (Baryxylum rufum. Lour),
tsuge
wood or box
and ebonywood,
woodred or rose wood, . red sandal
B. Other: 13.10
b.a.c. Pipes
Picturewood
Bent and
frames
chairsand...with
tubes
mouldings
rattan seat.. 8.10
13.70
d.e. Other
Nails 25%
Tarred felt, tarred paper,&c.,andandthebeing
like, used
coatedforwith tar, 4025 „„
asphalt,
ship’s gum sheating,
bottom resin, &c roofing,
Boiler felts of india-rubber or gutta-percha, not other- 2.25
20%
Manufactures
1.2. wise
India-rubber
India-rubber
provided solution
for: (including receptacles)
paste, reclaimed india-rubber and other 18.10
3.4. Other:unvulcanized
Dental rubber india-rubber 20%
75.80
A.I. Soft:
II.InHods lumpsand cords:with metal, tissues,
a. Combined
...
yarns,
... ...
threads;
cords, or fibres 8.65
III. b.a.Plates
Other and sheets:
Combined with metal,
20% .
cords, or fibres ... ...tissues, yarns, threads,
.220 CUSTOMS TARIFF OF JAPAN
b. Other:
IV. a.Tubes: 2.1. Not
Otherexceeding 1 millimetre in thickness
b. Amoured
Other:
1. cords,
Combined
with metal, inside or outside
withortissues, yarns,insertion...
threads,
or fibres, with metal 13.80
93.20
V. Belts2.andOther belting for machinery 22.20
VI. a.Threads,
Combined strips, bands, rings andyarns,
washers:
b. cords, or with
Other fibresmetal,
...
tissues,
... ...
threads, 15.30
55.60
VIT. Erasers 24.90
48,50
VIII.
IX. Teats Water bottles
(including 132,00
X. Mats
XI. Other... and mattingsinner packing) ...
ad val. 4030£„
B. I.Other:
In lumps, bars or rods plates and sheets 35.40
II. Tubes 100 kins 38.90
III.
IV. Rings and washers
Combs (including inner packings) ... 43.70
157.00
V.or Other
"Wasteremanufacturing
old india-rubber and gutta-percha, fit only for ad val. 40°^
Hard fibresand(rods,
Celluloid plates, sheets,thereof,
&c.) not. otherwise pro 100 kins
1.2. \ided
In for: manufactures
lumps, bands, bars 37.50
3. Combs
Other (including
... inner packings). sheets, tubes, &c
or rods, p’ates, 63.60
40%
Galalith and manufactures thereof, not otherwise provided
1.2. for:
In lumps, bands, bars or rods, plates, sheets, tubes, &c.
Other 40%
Brushes
1. Combined and broom: with precious
2. Otherprecious metals, elephant’smetals,
ivory,metals coatedshell...
or tortoise with 40 „
Limps, lanterns
1. Safetylight and parts
lampslamps... ... thereof: 100ad val.
kins 73,00
30%
3.2. A.Side
Incandescent electric lamps:
a.b With
Not carbon
Other exceeding filaments:
32 candle-power 100 kins 8.90
21.00
4.5. B.Gas
SocketsOtherand shade holders
mantles 100adpieces
val.
kins
40%
64,60
6.10
6. Other .*. 100
ad val, 40%
Films for photograph:
1.2. Developed
Sensitized (including
(including innerinner packings)
packings) 1 kin 1.00
3.
Gelatin Other paper ... ad val. 40308.25%„
Artificial
fruits, flowers,
&c., and including
"parts imitation leaves, imitation
thereof
Toilet cases 50 „
Ariicles
games, forandbilliards,
accessories tennis, cricket, chess,' and
thereof
... other
Tops ...
CUSTOMS TARIFF OF JAPAN 221
Rate of Duty-
Models
Fodder for cattle: ion kins 0.18
644 2.1. Hay
Wheat Other
bran
... ... ... ad ml,
100 k ns 0.20
645
646 Rice
Manures,bran including oil cakes, uneatable dried ...
fish, bone 0.06
dust, dried
of lime, &c blood, bone ashes, guano, super-phosphate
Articles,
Rawnot: otherwise provided for :
1.2. Other 10 £
A. Combined
precious with precious
metals, metals,stones,
precious metalssemi-precious
coated with
stones,
shells pearls, corals,
/ elephant’s ivory or tortoise
B. Other
Note.—The unit of the rates of specific duty is Ten.
CONVENTION BETWEEN THE UNITED KINGDOM AND-
JAPAN FOR THE PROTECTION OF THE ESTATES
OF DECEASED PERSONS
Signed at Tokyo, April 26th, 1900
Ratifications exchanged at Tokyo, 25th October, 1900
Her Majesty the Queeu of the United Kingdom of Great Britain and Ireland,.
Empress of India, and His Majesty the Emperor of Japan, heing equally desirous
of maintaining the relations of good understanding which happily exist between
them by laying down rules for the protection of the estates of deceased persons,,
have agreed to conclude a Convention, and for that purpose have named as their
respective Plenipotentiaries, that is to say:—Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, Empress of India, Sir Ernest Mason Satow,
Knight Commander of the Most Distinguished Order of St. Michael and St. George,
Her Britannic Majesty’s Envoy Extraordinary and Minister Plenipotentiary; and
His Majesty the Emperor of Japan, Viscount Aoki Siiizo, Junii, First Class of the
Imperial Order of the Rising Sun, His Imperial Majesty’s Minister of State for
Foreign Affairs, who, having communicated to each other their respective full
powers, found in good and due form, have agreed upon the following Articles:—
Art. I.—Whenever a subject of one of the high contracting parties shall die
within the dominions of the other, and there shall be no person present at the time
of such death who shall be rightly entitled to administer the estate of such deceased
person, the following rules shall be observed :
1. When the deceased leaves, in the above-named circumstances, heirs of his
or her own nationality only, or who may be qualified to enjoy the civil status of
their father or mother, as the case may be, the Consul-General, Consul, Vice-Consul,
or Consular Agent of the country to which the deceased belonged, on giving notice
to the proper authorities, shall take possession and have custody of the property of
the said deceased, shall pay the expenses of the funeral, and retain the surplus for
the payment of his or her debts, and for the benefit of the heirs to whom it may
rightly belong.
But the said Consul-General, Consul, Vice-Consul or Consular Agent shall be
bound immediately to apply to the proper Court for letters of administration of the
effects left by the deceased, and these letters shall be deliveied to him with such
limitations and for such time as to such Court may seem right.
2. If, however, the deceased leaves in the country of bis or her decease and in
the above-named circumstances, any heir or universal legatee of other nationality
than his or her own, or to whom the civil status of his or her father or bis or her
jiiother, as the case may be, cannot be granted, then each of the two Governments may
determine whether the proper Court shall proceed according to law, or shall confide
the collection and administration to the respective Consular officers under the proper
limitations. When there is no Consul-General, Consul, Vice-Consul, or Consular
Agent in the locality where the decease has occurred (in the case contemplated by
the first rule of this Article) upon whom devolves the custody and administration of
the estate, the proper authority shall proceed in these acts until the arrival of the
respective Consular officer.
CONVENTION BETWEEN JAPAN AND INDIA 223
Art. II.—The stipulations of the present Convention 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 Natal Tasmania
The Dominion of Canada New South Wales South Australia
Newfoundland Victoria Western Australia
The Cape _ Queensland New Zealand
Provided always that the stipulations of the present Convention shall be made
applicable to any of the above-named Colonies or foreign possessions, on whose
behalf notice to that effect shall have been given to the Japanese Gfovernment by Her
Britannic Majesty’s Representative at Tokyo, within two years from the date of the
exchange of ratifications of the present Convention.
Art. III.—The present Convention shall come into force immediately after the
exchange of the ratifications thereof, and shall remain in force until the 17th July,
1911.
Either high contracting Power shall have the right at any time after the 16th.
July, 1910, 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 Convention shall
wholly cease and determine.
Art. IV.—The present Convention shall be ratified, and the ratifications thereof
shall be 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 Tokyo, in dupl icate, this 26th day of April, nineteen hundredth year
of the Christian era.
[l.s,] Ernest Mason Satow.
„ Siuzo Vicomte Akoi.
CONVENTION REGARDING THE COMMERCIAL
RELATIONS BETWEEN JAPAN AND INDIA
Signed at Tokyo on the 29th day of August, 1904
His Majesty the Emperor of Japan and His Majesty the King of the United
Kingdom of Great Britain and Ireland and of the British Dominions beyond the
Seas, Emperor of India, being equally desirous of facilitating the commercial
relations between Japan and India have resolved to conclude a Convention to that
effect, and have named as their respective Plenipotentiaries:
His Majesty the Emperor of Japan, Baron Jutaro Komura, Jusammi, First
Class of the Imperial Order of the Rising Sun, His Imperial Majesty’s Minister of
State for Foreign- Affairs ; and
His Majesty the King of the United Kingdom of Great Britain find Ireland
and of the British Dominions beyond the Seas, Emperor of India, Sir Claude
Maxwell Macdonald, Knight Grand Cross of the Most Distinguished Order of St.
Michael and St. George, Knight Commander of the Most Honourable Order of the
Bath, His Britannic Majesty’s Envoy Extraordinary and Minister Plenipotentiary ;
221 TREATY OR COMMERCE AND NAVIGATION
Who, haring reciprocally communicated their full powers, found in good and due-
form, have agreed as follows:—
Art. I.—Any article, the produce or manufacture of the dominions and posses-
sions of His Majesty the Emperor of Japan, shall enjoy, upon importation into India,
the lowest customs duties applicable to similar products of any other foreign origin.
Art. II.—Reciprocally any article, the produce or manufacture of India, shall
enjoy, upon importation into the dominions and possessions of His Majesty the
Emperor of Japan, the lowest customs duties applicable to similar products of any
other foreign origin.
Art. III.—The privileges and engagements of the pi'esent Convention shall
extend to Native States of India which by treaty with His Britannic Majesty or
otherwise may be entitled to be placed with regard to the stipulations of the
Convention on the same footing as British India.
His Britannic Majesty’s G-overnmeut shall communicate from time to time to
the Imperial Government of Japan a list of these States.
Art. IY.—The present Convention shall be ratified and the ratifications shall be
exchanged at Tokyo as soon as possible. It shall come into effect immediately after
the exchange of ratifications, and shall remain in force until the expiration of s:x
months from the day on which one of the high contracting parties shall have
announced the intention of terminating it.
In witness whereof the above-mentioned Plenipotentiaries have signed the
present Convention and have affixed thereto their seals.
Done in duplicate at Tokyo, in the Japanese and English languages, this 29th
day of the 8th month of the 37th year of Meiji, corresponding to the 29th day of
August of the year one thousand nine hundred and four.
[l. s.] Baron Jutako Komura,
His Imperial Japanese Majesty's
Minister of State for Foreign Affairs.
[l. s.] Claude M. Macdonald,
His Britannic Majesty's Envoy
Extraordinary and Minister Plenipotentiary.
TREATY OE COMMERCE AND NAVIGATION BETWEEN
GREAT BRITAIN AND JAPAN
Signed at London, 3rd April, 1911
Preamble
His Majestey the Emperor of Japan and His Majesty the King of the United
Kingdom of Great Britain and Ireland and of the British Dominions beyond the
Seas, Emperor of India, being desirous to strengthen the relations of amity and
good understanding which happily exist between them and between their subjects,
and to facilitate and extend the commercial relations between their two countries,
have resolved to conclude a Treaty of Commerce and Navigation for that purpose,
and have named as their Plenipotentiaries, that is to say.
BETWEEN GREAT BRITAIN AND JAPAN 225
His Majesty the Emperor of Japan, His Excellency Monsieur Takaaki Ka.t*>,
Jusammi, First Class of tne Order of the Sacred Treasure, His Imperial Majesty's
Ambassador Extraordinary and Plenipotentiary at the Court of ^t. James; and His
Majesty the King of the United Kingdom of Grrent Britain anil Ireland and of the
Britisli Dominions beyond the Seas, Emperor of a^dia, the Righ* Honourable Sir
EJward Grey, a Baronet of tiie United Kingdom, a Member of Parliament, His
Majesty’s Principal Secretary ot State for Foreig' Affairs; who. after having com-
municated to each other their respective full power*, found to be in good and due
form, have agreed upon the following Articles:—
Art. I.—-The subjects of each of the high contracting parties shall have full
liberty to enter, travel, and reside in the territoiies of the other, and, conforming
themselves to the laws of the country—
1.—Shall in all that relates to travel and residence be place 1 in all respeits on
the same footing as native subjects.
*2.—They shall have tne right, equally with native subjects, to carry on their
commerce and manufacture, and to trade in all kinds of merehand.se of lawful com-
merce, either in person < r by agents, singly or in partner.-hips with foreigners or
native subjects.
3. —Tney shall in all that relates to the pursuit of their indus ries, c
fessions, and educational studies be placed in all respects on the same tooting as the
subjects or citizens of the most favoured nation.
4. —They shall be p rmitted to own or hire and occupv houses, ma
warehouses, shops, and premises which may be necessary for them, and to lease
land for residential, commercial, industrial, and other lawful purposes, in the same
manner as native subjects.
5—They shall, on condition of reciproc'ty, be at full liberty to acquire and
possess every description of property, movable or immovable, which the laws • f 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 limitatiohs prescribed in
such laws. They may dispose of the same by sale, exchange, gif , marriage, testa-
ment, or in any other manner, under the same conditions which are or shall be estab-
lished wi:h regard-to native subjects. They shall also be permitted, on compliance
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
big ter duties that those to which subjects of the country would be liable under
similar circumstances.
6. — They shall enjoy constant and complete protection and securi
persons and property; shall have free and easy access to the Courts of justice and
other tribunals in pursuit and defence of their claims an 1 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 shad have the same
rights and privileges as native subjects in all that concerns the administration
of justice.
7. —The • shall not be compelled to pay taxes, fees, charges, or contr
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
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 contribu'ions impose 1 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.
8
226 TREATY OF COMMERCE A^D NAVIGATION
la the above respects the subjects of each of the high contracting parties sh tU
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, anj such
buildings and premises, or to examine or inspect books, papers, or accounts, except
under the conditions and with the forms prescribe! by the laws for native subjects.
Art. IV.—Each of the high contracting parties may appoint Consuls-Gfeneral,
■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.
Tnis 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 fhe 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 pf 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.
It is understood that in all that concerns the administration of the estates of
deceased persons, any right, privilege, favour, or immunity which either of the high
contracting parties has actually granted, or may hereafter grant, to the Consular
officers of 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 come with their ships and
cargoes to all places, ports, and rivers in the territories of the other, which are or
may be opened to foreign commerce, and, conforming themselves to the laws of the
■country to which they thus come, shall enjoy the same rights, privileges, liberties,
favours, immunities, and exemptions in matters of commerce and navigation as are
or may be enjoyed by native subjects.
Art. VI1.—Articles, the produce or manufacture of the territories of one high
ffcontractinir party, upon importation into the territories of the other, from whatever
place arriving, shall enjoy the lowest rates of Customs duty applicable to similar
articles of any other foreign origin.
No prohibition or restriction shall be maintained or imposed on the importation
uf any article, the produce or manufacturo 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 co mtry. This provision is not applicable
to the sanitary or other prohibitions occasioned by the necessity of securing the
safety of persons, or of cattle, or of plants useful to agriculture. ■
BETWEEN GEEAT BEIT AIN AND JAPAN 227
Art,. VIII.—The articles, the produce or manufacture of the United Kingdom, enu-
merated in Part I. of the Schedule annexed to this Treaty, shall not, on importation
into Japan, be subjected to higher Customs duties than those specified in the Schedule.
The articles, the produce or manufacture of Japan, enumerated in Part II. of
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,
within one month, give six months’ notice to aborgate the present Article, and on
the expiration of such notice the present Article shall cease to have effect, without
prejudice to the other stipulation of this Treaty.
Art. IX.—Articles, the produce or manufacture of the territories of one of the
high contracting parties, exported to the territories of the other, shall not be sub-
jected on export to other or higher charges than those on the like articles ex-
ported to any other foreign country. Nor shall any prohibition or restriction be
mposed 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 equa'ly
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.
Art. XI.—No internal duties levied for the benefit of the State, local authorities,
or corporations which affect, or may affect, the production, manufacture, or consump-
tion of any article in the territories of either of the high contracting parties shall
for any reason be a higher or, more burdensome charge on articles the produce or
manufacture of the territories of the other than on similar articles of native origin.
The produce or manufacture of the territories of either of the high contracting
parties imported into the territories of the other, and intended for warehousing or
transit, shall not be subjected to any internal duty.
Art. XII.—Merchants and manufacturers, subjects of one of the high contract-
ing parties, as well as merchants and manufacturers domiciled and exercising their
commerce and industries in the territories of such party, may, in the territories of
the other, either personally or by means of 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- •
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 i he time of ex-
portation, and the officially-attested list of such samples containing a full description
thereofissued 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
8* ■
228 7 EE ATY OE COMMERCE AYD NAVIGATION
enumerated in the list. The Customs authorities of either country may, however,
affix a supplementary mark to such simples 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 he organised in accordance with the
laws of either high contracting party, are authorised, in the territories of the others
to exercise their r.ght and appear in the Courts either as plaintiffs or defendants,
subject to the laws of such other party.
Art. XVI.—Each of the high contracting parties shall permit the importation or
exportation of all merchandise which may be legally imported or exported, and also
the carriage of passengers from or to their respective territories, upon the vessels of
the other; and such vessels, their cargoes, and passengers, shall enjoy the same
privileges as, and shall not be subjected to, any other or higher duties or charges
than national vessels and their cargoes an<^ passengers.
Art. XVII.—In all that regards the stationing, loading, and unloading of vessels
in the ports, docks, roadsteads, and harbours of the high contracting parties, no
privileges or facilities shall be granted by either party to national vessels which are
not equally, in like cases, granted to tin 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.—-Xo duties of tonnage, harbour, pilotage, lighthouse, quarantine, of
other analogous duties or charges of whatever nature, or under whatever denomina-
tion, levie l in the name or for the profit of G-overnment, 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 countiy 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. XXL—The coasting trade of the high contracting parties is exceptel from
the provisions of the present Treaty, and shall be regulated according to the laws of
Jap tu and the United Kingdom respectively. It is, however, understood that the
subjects and vessels of either high contracting pa'ty 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 Cor 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 tra le 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 tne 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
BETWEEN GREAT BRITAIN AND JAPAN
-such carriage these vessels and their cargoes shall enjoy the full privileges of this
Treaty.
Art. X XII.—If any seaman should desert from anv ship belonging to either of the
, high contracting parties in the territorial waters of the other, the local authorities
shall, within the limits of law, be bound to give every assistance in their power for
the recovery of such deserter, on application to that effect being made to them by the
competent Consular officer of the country to which the ship of the deserter may belong,
. accompanied by an assurance that all expense connected therewith will be repaid.
It is understood that this stipulation shall not apply to the subjects of the
country where the desertion takes place.
Art. XXIII.—Any vessel of either of the high contracting parties which may be
. compelled, by stress of weather or by accident, to take shelter in a port of the other
shall be at liberty to refit therein, to procure all 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.
If any vessel of one of the high contracting parties should run aground of 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. XXIVh—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.
TREATY OF COMMERCE AND NAVIGATION
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.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty, and have affixed thereto the seal of their arms.
Done at London in duplicate this 3rd day of April, 1911.
(Signed) Takaa.ki Kato [l s.]
,, E. Grey „
SCHEDULE
Part I.
No. in Japanese Description of Unit of ofRate
Statutory Tariff. Article. Weight. in Duty Yen.
266.—Paints:—
4. Other:
A. Each weighing not more than 6 kilogrammes including the
weight of the receptacle 100 kin. 4.25
^including receptacles.)
B. Other ' 100 kin. 3.30
275.—Linen Yarns:—
1. Single:
A. Gray 100 „ 8.60
B. Other ...100 „ 9.25
298.—Tissues of Cotton:—
1. Velvets, plushes, and other pile tissues, with piles cut or uncut:
A. Gray 100 „ 25.50
B. Other 100 „ 30.00
7. Plain tissues, not otherwise provided for:
A. Gray:
A1. 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 „ 15.30
c-5- 35
27 „„ „ •. 100 „„ 28.70
100 20.70
d- 43 „ „ ...100 „ 38.00
e. More than 43 threads 100 „ 51.30
BETWEEN GREAT BE 11-' IN ANH JaI’AX
No. in Japanese Description of Unit of Rate
Statutory Tariff. Article. Weight. inof Duty
Yen.
A2. Weighing not more than 10 kilogrammes per 100 square
metres, and having in a square of 5 millimetrts side in
■faarp and woof:
, 19 threads or less 100 kin. 8.30
b. 27 ..100 10.50
c. 35 ..100 13.50
' d. 43 ..100 16.50
e. More than 43 threads ..100 18.70
Mo. Weighing not more than 20 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less 100 6.70
5. 27 „ „ 100 8.30
c. 35 „ „ 100 10.50
d. 43 „ ., 100 13.50
e. More than 43 thre ids 100 14.70
M4. Weighing not more than 30 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less ... 100 6.00
. b. 27 100 6.70
c. 35 ...100 8.00
d. 43 ...100 10.70
e. More than 43 threads ...100 13.30
A 5. Other ...100 9.30
B. Bleached simply ...The above duties on gray tissues plus 3 yen per 100 kin.
0. Other „ » 7 „
•9, 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 kin. 16.00
b. 27 ..100 21.30
c. 35 „ „ 100 29.30
d. 43 100 39.30
e. More than 43 threads
M2. Weighing not more than 10 kilogrammes ] >er 100 square 100 53.30
metres, and having in a square of 5 miilirn' metres side in
warp and woof:
a. 19 threads or less .. ...100 8.00
5. 27 ...100 10.00
c. 35 „ „ ... ...100 14.30
d. 43 ...100 18.00
e. More than 43 threads
M3. Weighing not more than 20 kilogrammes per 100 square..100 20.00
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 27 thleads or less 100 8.00
b. 35 ,. „ ... 100 11.30
c. 43 „ „ 100 15.00
.d. More than 43 threads 100 18.80
232 TREAT? OF ALLIANCE WITH GREAT BRITAIN
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 of 5 millimetres side in
warp and woof:
a. 27 threads or less 100 kin. 7.30
b. 35 „ „ 100 „ 8.70
c. 43 ,, „ 100 „ 11.30
d. More than 43 threads 100 „ 14.70
A5. Other 100 „ 10.00
B. Bleached simply ...The above duties on gray tissues plus 3 yen per 100 kin.
C. Other „ „ „ „ 7
301.—Tissues of wool, ani mixed tissues of wool and cottony of wool and silk, or of
w ool, cotton and silk :—
2. Other :
A. Of wool:
b. Weighing not nio'’e than 200 grammes per square metre ...100 kin. 57.50
c. „ „ 500 „ „ ...100 „ 45.00
d. Other 103 „ 40.00
B. Of wool and cotton :
c. Weighing not more than 500 grammes per square metre ...100 „ 30.00
d. Other ... 100 ,, 18.0(y
462.—Iron : —
1. In lumps, ingots, blooms, billed, and slabs:
A. Pig iron .100 „ 00.83
4. Plates and Sheets :
A. Not coated with metals :
AS. Other:
a. Not exceeding 0.7 millimetres in thickness ... 100 „ O-SO1
B. Coated with base metals :
PI. Tinned (tinned iron sheets and tinned steel sheets) :
a. Ordinary ...100 „ 0.70
B2. G-alvauised (corrugated-or not) 100 „ 1.20
Part II.
1. —Habutae or pure silk, not dyed or printed.
2. —Handkerchiefs or habutae or pure silk, not dyed or printed
3. —Copper, unwrought, in ingots and slabs.
4. —Plaiting or straw and other materials.
5. —Camphor and camphor oil.
6. —Baskets (including trunks) and basketware of bamboo.
7. —Mats and matting of rush.
8. —Lacquered wares, coated with Japanese lacquer (Urushi).
9. —Rape-seed oil.
10.—Cloisonne wares.
TREATY OF ALLIANCE WITH GREAT BRITAIN
Signed in London, July 13th:, 1911
The G-owraments of G-reat Britain and Japan, in view of the great change that
has taken place in the political situation since the present Anglo-Japanese Agree-
ment was conclude 1 on August 12th, 1905, and believing, it to be* conducive to the-
TREATY OF ALLIANCE WITH GREAT BRITAIN
general peace and security to amend the said Agreement and adapt it to the
changed conditions, have agreed upon the following stipulations in the place of the
said Agreement, which have the same objects as the present Agreement, that is to
say:—
A. The consolidation and maintenance of the general peace in the regions of
Eastern Asia and of India ;
B. The preservation of the common interests of all Powers in China by insur-
ing the independence and integrity of the Chinese Empire and the principle of equal
•opportunities for the commerce and industry of all nations in China ;
C. The maintenance of the territorial rights gf the high contracting parties in
the regions of Eastern Asia and of India, and the defence of their special interests in
the said regions :—
Art. I.—It is agreed that whenever, in the opinion of either Great Britain or
Japan, any of the rights and interests referred to in the Preamble of this Agreement
are in jeopardy, the two Governments will communicate with one another fully and
frankly, and will consider in common the measures which should be taken to safeguard
those menaced rights or interests.
Art. II.—If by reason of unprovoked attack or aggressive action, wherever aris-
ing, on the part of any other Power or Powers either contracting party should be
involved in war in defence of its territorial rights or special interests mentioned in the
Preamble of this Agreement, the other contracting party will at once come to the
assistance of its ally, and will conduct the war in common, and make peace in mutual
agreement with it.
Art. III.—It is agreed that either of the high contracting parties shall not make
any Agreement with a third party which is or may be prejudicial to the objects re-
ferred to in the Preamble of this Agreement, without consulting the other.
Art. IV.—When either of the high contracting parties has concluded a compre-
hensive Arbitration Treaty with a third party, this Agreement shall exempt the said
high contracting parties from any obligation to go to war with the third party dur ing
the time the said Arbitration Treaty may remain in force.
Art. V.—The conditions under which armed assistance shall be afforded by either
Power to the other in the circumstances mentioned in the present Agreement, and the
means by which such assistance is to be made available, will be arranged by the Naval
and Military authorities of the contracting parties, who will from time to time con-
sult one another fully and freely upon all questions of mutual interest.
Art. VI.—The present Agreement shall come into effect immediately after the
date of its signature and remain in force for ten years from that date.
In case neither of the high contracting parties should have notified twelve
months before the expiration of the said ten years the intention of terminating it, it
shall remain binding until the expiration of one year from the day on which either of
the high contracting parties shall have denounced it. But if, when the date fixed
for its expiration arrives, either ally is actually engaged in war, the alliance shall, ipso
facto, continue until peace is concluded.
In faith whereof the Undersigned, duly authorised by their respective Govern-
ments, have signed this Agreement and have affixed thereto their seals.
Done in duplicate at London, the 13th day of July, 1911.
[l.s.] Grey, [l.s.] Kato Takaaki,
Mis Britannic Majesty's Principal Envoy Extraordinary and Minuter
Secretary of State for Foreign Plenipotentiary of His Majesty
Affairs, the Emperor of Japan at
UNITED STATES OF AMERICA
EXTRADITION TREATY BETWEEN THE UNITED STATES
OE AMERICA AND JAPAN
Signed at Tokyo, on the 29th April, 1886
Rotified nt Tokyo, on the 27th September, 1886
His Majesty the Emperor of Japan and the President of the United States of
America having judged it expedient, with a view to the Letter administration of
Justice, and to the prevention of crime within the two countries and their jurisdictions
that persons charged with or convicted of the crimes or offences hereinafter named
and being fugitives from justice, should, under certain circumstances, be reciprocally
delivered up, they have named as their Plenipotentiaries to conclude a Treaty for this
purpose, that is to say :
His Majesty the Emperor of Japan, Count Inouye Kaoru, Jusammi, His Imperial
Majesty’s Minister of State for Foreign Affairs, First Class of the Order of the Rising
Sun, etc., etc., etc., and the President of the United States of America, Richard B.
Hubbard, their Envoy Extraordinary and Minister Plenipotentiary near His Imperial
Majesty the Emperor of Japan, who, after having communicated to each other their
respective full powers, found in good and due form, have agreed upon and concluded
the following Articles:
Art. I.—The High Contiacting Parties engage to deliver up to each oth:r, under
the circumstances and. conditions stated m the present Treaty, all persons who, being
accused or convicted of one of the crimes or offences named below in Article II., and
committed within the jurisdiction of the one party, shall be found within the jurisdic-
tion of the other party.
Art. II.—1.—Murder and assault with intent to commit murder.
2.—Counterleiting or altering money, or uttering or bringing into circulation-
counterfeit or altered money, counterfeiting certificates or coupons of public indebted-
ness, Dank notes, or other instruments of public credit of either of the parties, and
the utterance or circulation of the same.
3-—Forgery, or altering and uttering what is forged or altered.
4. —Embezzlement or criminal malversation of the public fund
the jurisdiction of either party, by the public officers or depositaries.
5. —Robbery.
6. —Burglary, defined to be the breaking and entering by n
house of another person with the intent to commit a felony therein ; and the act of
breaking and entering the house of another, whether in tlie day or night time, with
the intent to commit a felony therein.
7. —The act of entering, or of breaking and entering, the off
ment and public authorities, or the offices of banks, banking-houses, savings-banks,
trust companies, insurance or other companies, with the intent to commit a felony
therein.
8. —Perjury or subornation of perjury.
9. —Rape.
10.—Arson.
11-—Piracy by the law of nations.
EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN 235
12. —Murder, assault with intent to kill, and mans
high seas, on board a ship bearing the flag of the demanding country.
13. —Malicious destruction of, or attempt to destroy
bridges, dwellings, public edifices, or other buildings, when the act endangers human
life.
Art. III.—If the person demanded be held for trial in the country on which the
demand is made, it shall be optional with the latter to grant extradition or to proceed
with the trial: Provided that, unless the trial shall be for thecrime for which the fugitive
is claimed, the delay shall not prevent ultimate extradition.
Art. IV.—If it be made to appear that extradition is sought with a view to try
or punish the person'demanded for an offence of a political character, surrender shall
not take place, nor shall any person surrendered be tried or punished for any political
offence committed previously to his extradition, or for any offence other than that in
respect of which the extradition is granted.
Art. Y.—The requisition for extradition shall be made through the diplomatic
agents of the contracting parties, or, in the event of the absence of these from the
country or its seat of Government, by superior Consular oflicers.
If the person whose extradition is requested shall have been convicted of a crime,
a copy of the sentence of the Court in which he was convicted, authenticated under
its seal, and an attestation of the official character of the judge by the proper executive
authority, and of the latter by the Minister or Consul of Japan or of the United
States, as the case may be, shall accompany the requisition.
When the fugitive is merely charged with crime, a duly authenticated copy of
the warrant of arrest in the country making the demand and of depositions on which
such warrant may have been issued, must accompany the requisition.
The fugitive shall be surrendered only on such evidence of criminality as
according to the laws of the place where the fugitive or person so charged shall be
found would justify his apprehension and commitment for trial if the crime had been
there committed.
Art. YI.—On being informed by telegraph, or other written communication
through the diplomatic channel, that a lawful warrant has been issued by competent
authority upon probable cause for the arrest of a fugitive criminal charged with any
of tlie crimes enumerated in Article II. of this Treaty, and on being assured from the
same source that a request for the surrender of such criminal is about to be made in
accordance with the provisions of this Treaty, each Government will endeavour to
procure, so far as it lawfully may, the provisional arrest of such criminal, and keep
him in safe custody for a reasonable time, not exceeding two months, to await the
production of the documents upon which claim for extradition is founded.
Art. YII.—Neither of the contracting parties shall be bound to deliver up its
own subjects or citizens under the stipulations of this convention, but they shall have
the power to deliver them up if in their discretion it be deemed proper to do so.
Art. YIII.—The expenses of the arrest, detention, examination, and transporta-
tion of the accused shall be paid by the Government which has requested the extradi-
tion.
Art. IX.—The present Treaty shall come into force sixty days after the exchange
of the ratifications thereof. It may be terminated by either party, but shall remain
in force for six months after notice has been given of its termination.
The Treaty shall be ratified, and the ratifications shall be exchanged at Washington
as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the present Treaty
in duplicate and have thereunto affixed their seals.
Done at the city of Tokyo, the twenty-ninth day of the fourth month of the
nineteenth year of Meiji, corresponding to the twenty-ninth day of April i* the
eighteen hundred and eighty-sixth year of the Christian era.
(Signed) [l.s.] Inouye Kaoru.
„ „ Richard B. Hubbard.
AGREEMENT BETWEEN JAPAN AND THE
UNITED STATES
Notes Exchanged at Washington, 30th November, 1908
Letter from Sir Koyor < Takahira, Japanese Minister at Washington, to the II n
Elihu Boot, American Secretary of State
Sir,—-The exchange of views between us which has taken place at the several
interviews which I have recently had the honour of holding with you has shown that
Japan and the United States, holding important outlying insular possessions in the
region of the Pacific Ocean, the G-overnments of the two countries are animated by a
common aim, policy and intention in the region.
Believing that a frank avowal of that aim, policy and intention would not only
tend to strengthen the relations of friendship and good neighbourhood which have
immemorially existed between Japan and the United States, but would materially
contribute to the preservation of the general peace, the Imperial Government have
authorised me to present to you an outline of their understanding of that common
aim, policy and intention.
1. It is the wish of the two Governments to encourage the free and peaceful
development of their commerce on the Pacific Ocean.
2. The policy of both Governments, uninfluenced by any aggressive tendencies,
is directed to the maintenance of the existing status quo in the region above mention-
ed, and to the defence of the principle of equal opportunity for commerce and
industry in China.
3. They are accordingly firmly resolved reciprocally to respect the territorial
possessions belonging to each other in the said region.
4. They are also determined to preserve the common interests of all Powers in
China by supporting, by all pacific means at their disposal, the independence and
ifllegrity of Chimq and the principle of equal opportunity for commerce and industry
of all nations in that empire.
5. Should any event occur threatening the status quo as above described, or the-
principle of equal opportunity as above defined, it remains for the two Governments-
to communicate with each other in order to arrive at an understanding as to what
measures they may consider it useful to take.
If the foregoing outline accords with the view of the Government of the Unitedl
States, I shall be gratified to receive your confirmation.
From Hon. Elihu Boot, American Secretary of State, to Sir Koqoro
Takahira, Japanese Minister at Washington
Your Excellency,—I have the honour to acknowledge the receipt of your Note
of to-day setting forth the result of the exchange of views between us in our recent
interviews defining the understanding of the two Governments in regard to their
policy in the region of the Pacific Ocean.
It is a pleasure to inform you that this expression of mutual understanding is
welcome to the Government of the United States as appropriate to the happy relations
of the two countries, and as the occasion for a concise mutual affirmation of that ac-1
cordant policy respecting the Far East which the two Governments have so frequently
declared in the past.
I am happy to be able to confirm to your Excellency, on behalf of the United
States, the declaration of the two Governments embodied in the following words.
[Then follow the five points mentioned in Japan’s Note, which are repeated ia
exactly the same wording.] ' .
RUSSIA
TREATY OF PEACE BETWEEN JAPAN AND RUSSIA
Signed at Portsmouth, U.S.A , August 23kd, 1905
Ratified November 5th, 1905
His Majesty the Emperor of Japan on the one part, and His Majesty the
Emperor of all the Russias on the other part, animated by the desire to restore the
blessings of peace to their countries and peoples, have resolved to conclude a Treaty
of Peace, and have, for this purpose, named their Plenipotentiaries, that is to say:—
His Majesty the Emperor of Japan, His Excellency Baron Komura Jutaro,
Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, His Minister for
Foreign Affairs, and His Excellency M. Takahira Kogoro, Jusammi, Grand Cordon
of the Imperial Order of the Sacred 'treasure, His Envoy Extraordinary and
Minister Plenipotentiary to the United States of America; and His Majesty the
Emperor of all the Russias, His Excellency M. Serge Witte, His Secretary of State
and President of the Committee of Ministers of the Empire of Russia, and His
Excellency Baron Roman Rosen, Master of the Imperial Court of Russia and His
Ambassador Extraordinary and Plenipotentiary to the United States of America;
Who, after having exchanged their full powers, which were found to be in good
and due form, have concluded the following Articles:—
Art. I.—There shall henceforth be peace and ajnity between Their Majesties the
Emperor of Japan and the Emperor of all the Russias, and between their respective
States and subjects.
Art. II.—The Imperial Russian Government, acknowledging that Japan
possesses in Korea paramount political, military, and economical interests, engage
neither to obstruct nor interfere with the measures of guidance, protection, and
control which the Imperial Government of Japan may find it necessary to take
in Korea.
It is understood that Russian subjects in Korea shall be treated exactly in the
same manner as the subjects or citizens of other foreign Powers, that is to say,
they shall be nlaced on the same footing as the subjects or citizens of the most
favoured nation.
It is also agreed that, in order to avoid all cause of misunderstanding, the two
high contracting parties will abstain, on the Russo-Korean frontier, from takirg
a y military measure which may menace the security of Russian or Korean territoiy.
Art. III.—Japan and Russia mutually engage—
(l.) To evacuate completely and simultaneously Manchuria, except the territo y
affected by the lease of the Liaotung Peninsula, in conformity with the provisions tf
additional Article I. annexed to this Treaty; and
(-.) To restore entirely and completely to the exclusive administration of China
all portions of Manchuria now in the occupation or under the control < f the Japanese
or Russian troops, with the exception of the territory above mentioned.
The Imperial Government of Russia declare that they have not in Manchuria any
territorial advantages or preferential or exclusive concessions in impairment of
Chinese sovereignty or inconsistent with the principle of equal opportunity.
Art. IV.—Japan and Russia reciprocally engage not to obstruct any general
measures comtnon to all cotintries which China may take for the development of the
commerce and industry of Manchuria.
238 TREATY BETWEEN JAPAN AND RUSSIA
Art. V.—The Imperial Russian Government transfer and assign to the Imperial
Government of Japan, with the c msent of the Government of China, the lease of
Port Arthur, Talien, and adjacent territory apd territorial waters, an I all rights,
privileges, and concessions connected with or forming part of su h lease, and they
also transfer and assign to the Imperial Government <>f Japan all public works and
properties in the territory affected by the above-mentioned lease.
The two high contracting parties mutually engage to obtain the consent of
the Chinese Government mentioned in the foregoing stipulation.
The Imperial Government of Japan on their part undertake that the p oprietary
rights of Russian subjects in the territory above referred to shall be perfectly
respected.
Art. VI.—The Imperial Russian Government engage to transfer and assign to
the Imperial Government of Japan, without compensation and with the consent of
the Chinese Government, the railway between Chang-chun (Kuan-cheng tzu) and
Port Arthur and all its branches, together with all rights, privileges, and properties
appertaining thereto in that region, as well as all coal mines in the sail region
belonging to or worked for the benefit of the railway.
The two high contracting parties mutually engage to obtain the consent of the
Government of China mentioned in the foregoing stipulation.
Art. VII.—Japm and Russia engage to exploit their respective railways in
Manchuria exclusively for commercial and industrial purposes and in no wise for
strategic purposes
It is understood that restriction does not apply to the railway in the territory
affecte 1 by the lease of the Liaptung 1’e insula.
Art. VIII.—The Imperial Governments of Japan and Russia, with a view to
promote and facilitate intercourse and traffic, will as soon as possible conclude a
separate convention for the regulation of their connecting railway services in
Manchuria.
Art. IX.—The Imperial Russian Government cede to the Imperial Government
of Japan in perpetuity and full sovereignty the southern portion of the Island of
Sigh a lie a and all islands adjacent thereto, and all public works and properties
thereon. The fiftieth degree of North latitude is adopted as the northern boundary
of the ceded territory. Exact alignment of such territory shall be determined in
accordance with the provisions of additional Article II. annexed to this Treaty.
Jap in and Russia mutually agree not to construct in their respective possession
on the Island of Saghalien or the adjacent islands, any fortifications or other similas
military works. Tney also respectively engage not to take any military measurer
which may impede the free navigation of the Straits of La Perouse and Tartary.
Art. X.—It is reserved to the Russian subjects, inhabitants of the territory
ceded to Japan, to sell their real property and retire to their country; but, if they
prefer to remain in the ceded territory, they will be maintained and protected in the
full exercise of their industries and rights of property, on condition of submitting to
Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right
of residence in, or to deport from, such territory, any inhabitants who labour
under political or administrative disability. She engages, however, that the
proprietary rights of such inhabitants shall be fully respSicted.
Art. XI.—Russia engages to arrange with Japan for granting to Japanese
subjects rights of fishery along the coasts of the Russian possessions in the Japan
Okhotsk, and Behring Seas.
It is agreed that the foregoing engagement shall not affect rights already be-
longing to Russian or foreign subjects in these regions.
Art. XII.—The Treaty’ of Commerce and Navigation between Japan and
Russia having been annulled by the war, the Imperial Governments of Japan and
Russia engage to adopt as the basis of their commercial relations, pending the
conclusion of a new Treaty of Commerce and Navigation on the basis of the Treaty
which was in force previous to the present war, the system of reciprocal treatment
on thetfooting of the most favoured nation, in which are included import and export
TEEATY BETWEEN JAPAN AND EUSSIA 239
duties. Customs formalities, transit and tonnage dues, and the admission and treat-
ment of the agents, subjects, and vessels of one country in the territories of the other.
Art XIII.—As soon as possible after the present Treaty comes into force, all
prisoners of war shall be reciprocally restored. The Imperial Governments of Japan
and Russia shall each appoint a special Commissioner to take charge of prisoners.
All prisoners in the hands of one Government shall be delivered to and received by
the Commis'ioner of the other Government or by lbs duly authorised representative,
in such convenient numbers and at such convenient ports of the delivering State as
such delivering State shall notify in advance to the Commissioner of the receiving
State.
The Governments of Japan and Russia shall present to each other as soon as
possible after the delivery of prisoners has been completed, a statement of the direct
expenditures respectively incurred hy them for the care and maintenance of prisoners
from the date of capture or surrender up to the time of death or delivery. Russia
engages to repay to Japan, as soon as possible after the exchange of the statements
as above provided, the difference between the actual amount so expended by Japan
and the actual amount similarly disbursed by Russia.
Art. XIV.—The present Treaty shall be ratified by Their Majesties the
Emperor of Japan and the Emperor of all the Russias. Such ratification shall, with
as little delay as possible and in any case not later than fifty days from tha date of
the signature of the Treaty, be announced to the Imperial Governments of Japan and
Russia respectively through the French Minister in Tokyo and the Ambassador of
the United States in Sc. Petersburg, and from the. date of the later of such
announcements this Treaty shall in all its parts come into full force.
The formal exchange of the ratifications shall take place at Washington as soon
as possi We.
Art. XV.—The present Treaty shall be signed in duplicate in both the English
and French languages. The texts are in absolute conformity, but in case of dis-
crepancy in interpretation the French text shall prevail.
In witness whereof the respective Plenipotentiaries have signed and affixed their
seals to the present Treaty of Peace.
Done at Portsmouth (New Hampshire), this fifth day of the niuth month of the
thirty-eighth year of Meiji, borre-iponding to the twenty-third day of August (fifth
September N.S.), one th nisand nine hundred and five.
Serge Witte. Jcttaro Komura.
Rosen. K. Takahira.
Supplementary Agreement
In conformity with the provisions of Articles III. and IX. of ihe Treaty of
Peace between Japan and Russia of this date, the undersigned Plenipotentiaries have
concluded the following additional Articles;—
I. To Art. III.—The Imperial Governments of Japan and Russia mutually
engage to commence the withdrawal of their military forces from the territory of
Manchuria simultaneously and immediately after the Treaty of Peace comes into
operation ; and within a period of eighteen months from that date the armies of the
two countries shall be completely withdrawn from Manchuria, except from the leased
territory of the Liaotung Peninsula.
The forces of the two countries occupying the front positions shall be first
withdrawn.
The high contracting parties reserve to themselves the right to maintain guards
to protect their respective railway lines in Manchuria. The number of such guards
240 TREATY BETWEEN JAPAN AND RUSSIA
eJiall not excee 1 fifteen per kilometre, and within that maximum number the Com-
manders of the Japanese and Russian armies shall, by common accord, fix the
number of such guards to be employed, as small as possible having in view the actual
requirements.
The Commanders of the Japanese and Russian forces in Manchuria shall agree
upon the details of the evacuation in conformity with the above principles, and shall
take by common accord the measures necessary to carry out the evacuation as soon
as possible and in any case not later than the period of eighteen months.
II. To Art. IX.—As soon as possible after the present Treaty comes into force
a Commission of Delimitation, composed of an equal number of members to be
appointed respectively by the two high contracting parties, shall on the spot mark
in a permanent manner the exact boundary between the Japanese and Russian
possessions on the Island of Saghalien. The Commission shall be bound, so far as
topographical considerations permit, to follow the fiftieth parallel of Xorth latitude
as the boundary line, and in case any deflections from that line at any points are
found to be necessary, compensation will be made by correlative deflections at other
points. It shall also be the duty of the said Commission to prepare a list and de-
scription of the adjacent islands included in the cession, and finally the Commission
shall prepare and sign maps showing the boundaries of the ceded territory The work
of the Commission shall be subject to the approval of the high contracting parties.
The foregoing additional Articles are to be considered as ratified with the
ratification of the Treaty of Peace to which they are annexed.
Portsmouth, the 5th day, 9th month, 38th year of Meiji, corresponding to the
23rd August (5th September N.S.,) 1905.
Seuoe Witte. Jutaro Komura.
Rosen. K. Takahira.
AGREEMENT RELATING TO CHINA, 1907
. The Government of His Majesty the Emperor of Japan and the Government of
His Majesty the Tsar of all the Russias, being desirous of strengthening the peaceful,
friendly, and neighbourly relations now happily restored between Japan and Russia,
and also of removing all possible future cause of misunderstanding in the relations
of the two Powers, have entered into the following agreements:—■
Art. I.—Each of the high contracting parties agrees to respect the present
territorial integrity of the other, as well as all the rights arising out of Treaties, Con-
ventions, and Contracts now in force between them and China, copies of which have
been exchanged between the contracting parties, so far as the said rights are
not incompatible with the principle of equal opportunity enunciated in the Treaty
signed at Portsmouth on September 5th, 1905, i.e., August 23rd in the Russian
Calendar, and other special conventions concluded between Japan and Russia
Art. II.—The two high contracting parties agree to recognise the independence
and the territorial integrity of the Chinese Empire, and the principle of equal op-
portunity for the commerce and industry of all nations in the said Empire, and they
engage to uphold and defend the maintenance of the status quo and the respect of
that principle by all the peaceful means possible to them.
In witness whereof, the undersigned, duly authorised by their respective Govern-
ments, have signed this Agreement and have affixed thereto their seals.
Done at St. Petersburg, the 30th day of the seventh month of the 40th year of
Meiji, corresponding to 17th of July, 1907 (Russian Calendar July 30th, 1907).
[l.s.] Ichiro Motono.
Iswolskv.
RUSSO-JAPANESE RAILWAY CONVENTION
Signed at St. Petersburg, May, 1907
The Imperial Government of Japan and the Imperial Government of Russia,
having resolved to conclude a Convention concerning the connection of the Japanese
. and the Eussiau Eailways in Manchuria, conformably to the provisions of Art. VIII.
of the Treaty of Peace signed at Portsmouth on September 5 (August 23,
1905, O.S.), the undersigned, Ichiro Motono, Docteur en Droit, Envoy Extraordinary
and Minister Plenipotentiary of Japan; and le Maitre de la Cour Imperial Alexandre
Iswolsky, Minister of Foreign Affairs of Eussia, being duly authorized for the
purpose by their respective Governments, have agreed and concluded the following
Articles, under the title of Provisionary.
Eegarding the provisions of this Convention which concern the South Manchuria
Bail way Company on the one part and the Chinese Eastern Eailway Company on
the other, the two Governments engage mutually to take ne essary measures to
- ensure their prompt execution by the said Companies.
Art. I.—The junction of. the sections of the two railways will be made at the
boundary line of tlie Kuanchengtze station of the Chinese Eastern Eailway. The
Southern Manchurian Eailway Company shall prolong its line at the gauge adopted
by that Company from the Tchantckun station of the said Comp iny 1 o the limit of the
Kuanchengi ze station of the Chinese Eastern Eailway, and the Chinese Eastern Railway
shall construct a line of the same gauge in continuation to the Japanese line con-
structed by the Southern Manchurian Eiilway to the platform of the Eussian
Kuanchengtze station. The Chinese Eastern Eailway shall construct in prolongation
of its line, a railway of the gauge of 1 metre •524 (Eussian gauge of 5 English feet)
from the platform of the Eussinn Kuanchengtze station to the limit of that station, and
the Southern Manchurian Eailway Company shall construct a line of the same gauge in
■ continuation to the prolongation of the Eussian railway constructed by the Chinese
Eastern Eailway Company to the Japanese Tchantchun station.
The point of junction of the two sections of the Japanese and Eussian railways
and the plans of that junction shall be resolved upon in common accord between the
two companies.
Art. II#—The Southern Manchurian Eailway Company as well as the Chinese
Eastern Eailway Company shall establish, besides the junction of their lines, direct
communication for passengers and for merchandise, and also all the necessary in-
stallations, in order to effect in the shortest time and with the least expense possible
the transport of the merchandise at the terminal stations, made necessary fy the
difference in the width of the gauges.
Each Company reserves the right to decide on the plans of construction within
the limits of its own ground.
Art. III.—Each Company tabes charge'of all the undertakings mentioned in
Articles I. and II. of the present Convention which entails on them respectively, and
• the undertakings shall be executed by the companies with the least possible delay
and as far as possible simultaneously.
342 RUSSO-JAPANESE RAILWAY CONVENTION
Art. IV.—The maintenance of the tracks, of the installations for transmission
and transport, and all the other accessories upon the ground of each railway shall
respectively be taken charge of by the Companies.
Art. V.—The traffic between the Southern Manchurian Railway and the Chinese
Eastern Railway shall be established conformably to the following conditions:
The passenger trains of the Southern Manchurian Railway, with passengers,
their baggage, and other objects transported by those trains, proceed on the Japanese
track to the Russian station of Kuanchengtze, and the passenger trains of the Chinese
Eastern Railway, with passengers, their baggage, and other objects transported by
those trains, proceed on the Russian track to the Japanese station of Tchantckun.
The freight trains of the Southern Manchuria Railway to proceed on the Chinese
Eastern line come on the Japanese track to the Russian station of Kuanchengtze,
where the delivery and transport of the merchandise to the Russian railway are
effected, and the freight trains of the Chinese Eastern Railway to proceed on the
Southern Manchurian line come by the Russian track to the Japanese station of
Tchamchun, where the delivery and transport of the merchandise to the Japanese
railway are effected.
Art. VI.—The time schedule for the movement of trains, having in view the
connection of the two railways, shall be arranged in common accord by the manage-
ments of the two Railway Companies.
Art. VII;—The passenger fares and freight charges for travelling between the
terminal stations shall be collected : those going from south to north, conformatory
to the tariffs in force on the Southern Manchurian line, and those going from north
to south, couformatory to the tariffs in force on the Chinese Eastern line.
The distribution of the fees collected for transport on the lines of the two Com-
panies shall be made in accordance with an agreement to be concluded between the
managements of the two Companies.
Art. VIII.—Each Company enjoys the right gratuitously and reciprocally to
make use of the connecting line and the installations attached to the service of
transport appertaining to the other.
Art. IX.—The two railway Companies shall organize a train service mutually
eo-ordi"ating and sufficient to ensure regular passenger and merchandise traffic, and
establish regulations and provisions for the service of exploitation, all in conformity
with the interests of that service.
Art. X.—All the provisions to be later adopted on the basis of the present
Convention and concerning the train service, the transportation of passengers, the
transport of merchandise, the signal service, etc., shall be regulated by special
arrangement between the two Companies, with due approval of the respective-
Governments. The mutual use of the means of transportation, the relations between
employees «>f the two railways, as well as the mode of apportioning the quota to each
administration in the distribution of the receipts, shall be regulated subsequently by
similar arrangement.
Art. XI.—In all cases where the management of the two railways cannot agree
on points covered by the present Convention or in general upon all the other points
concerning their reciprocal relations mentioned in the said Convention, the differences
shall be negulated by the decision of the two respective Governments, arrived at in
common alter the exchange of views between them on the subject.
In witness whereof the Envoy Extraordinary and Minister Plenipotentiary of
Japan and the Minister of Foreign Affairs of Russia have signed the present Provi-
sionary Convention and affixed their seals thereto.
Done at St. Petersburg in duplicate on the 13th day of the sixth month of the
40th of Meiji, corresponding to May 31 (June 13), 1907.
(Signed) Iswolskv.
„ I. Motono.
RUSSO-JAPANESE RAILWAY CONVENTION 243
Protocol
At the moment of proceeding to the signature of the Provisionary Convention
for the connection of the Japanese and Russian railways in Manchuria, the two
high contracting parties, judging it useful to settle certain questions relative to the
terminus of Kuanchengtze and to the coal-mines of Shibelin and Taokiattm, the
-undersigned, Ichiro Motono, Docteur en Droit, Envoy Extraordinary and Minister
Plenipotentiary of Japan, and le Ma'itre de la Cour Imperial, Alexandre Iswolsky,
Minister of Foreign Affairs of Russia, have concluded the following :—
Art. I.—It has been agreed between the two high contracting parties that in
principle the terminus of Kuanchengtze and its appendages are the common property
of Japan and Russia, but that, for the sake of practical convenience, the exclusive
ownership of the said terminus and of its appendages shall remain with Russia and
that for it the Russian Government shall pay to the Japanese Government a sum of
560,393 roubles in virtue of compensation for the renunciation by Japan of her rights
• of co-ownership of the Kuanchengtze terminus and its appendages.
Art. II.— The Russian Government shall remit to the Japanese Government,
with the briefest possible delay, after the signature of the Provisionary Convention of
the railway connection, in their actual state, all the railways and all the objects
belonging to these railways which are to the South of the point marked N. 2,223 in
the plan In ‘re annexed, as well as the coal mines at Shibelin and Taokiatun with all
their appendages. Immediately after the signing of the said Convention, the necess-
ary instructions shall be sent by the two Governments of Japan and Russia, on the
-one part to the South Manchurian Railway Company, and on the other part to the
• Chinese Eastern Railway, directing the transfer of the said railways and of the
appendages of these railways as well as the aforementioned coal mine.
Art. III.—It is agreed between the two high contracting parties that the
Japanese Government shall subsequently choose a site where shall be constructed
- the Japanese terminus of Changchun, between the Russian terminus of Kuanchengtze
and the town of Changchun.
In the event of the construction of the Kirin railway line, the Japanese Govern-
ment shall exert itself to cause the construction by the railway company, outside the
limits of the Changchun terminus, of crossings and viaducts to the points of the said
line and the principal roads between the Russian station of Kuanchengtze and the
town of Changchun.
Art. IV.—The detailed regulations relative to the transfer of passengers and
merchandise from one railway to the other shall be discussed and concluded between
the railway companies interested, with the briefest possible delay, after the signing
of the Provisional Convention relating to railway connection. The place and the
-date of the meeting of the Delegates appointed to make these arrangements shall be
subsequently determined in the manner most agreeable to the parties.
Art. V.—It is agreed between the two high contracting parties that the Con-
vention signed this day shall be put in force immediately after the construction of
the provisional Japanese station mentioned in Article III. of the Additional Articles
of the said Convention shall have been completed.
In testimony whereof, the Envoy Extraordinary and Minister Plenipotentiary
of Japan and the Minister of Foreign Affairs of Russia have signed the present
Protocol and affixed thereto their seals.
Done at St. Petersburg in duplicate, this 13th day of the 6th month of the 40tb
year of Meiji, corresponding to May 31 (June 13), 1907.
(Signed) I. Motono.
Iswolsky.
RUSSO-JAPANESE CONVENTION
Signed at Petkograd on July 3rd, 1916
The Imperial Government of Japan and the Imperial Government of Russia,
having decided to co-operate for the maintenance of permanent peace in the
Orient, have entered into the following Convention:—
Art. 1.—Japan shall not become party to any political Convention or Alliance
aimed at counteracting Russia’s interests.
Russia shall not becom'* party to any political Convention or Alliance aimed at
counteracting Japan’s interests.
Art. 2.—In the event, of th < territorial rights or special interests in the Far
East of either of the High Contracting Parties recognised by the other being
encroached upon, Japan and Russia shall consult with each other regarding the steps
to be taken for mutual support or co-operation to protect or safeguard such rights or
interests.
In witness whereof the undersigned, with the proper authorisation of their
respective Governmmts, have affixed their names and seals.
Done this day July 3rd, 1916 (June 20th, 1916, O.S.) at Petrograd.
Motono Ichiro.
Sazanoff.
AGREEMENT REGARDING THE CHINA-KOREAN
BOUNDARY
Signed at Peking, September 4th, 1909
The Imperial Government of Japan and the Imperial Government of China,
desiring to secure for Chinese and Korean inhabitants in the frontier region the
blessings of permanent peace and tranquillity, and consid ring it essential to the
attainment of such desire that the two Governments should, in view of their
relations of cordial friendship and good neighbourhood, recognise the River Tumen
as forming the boundary between China and Korea, and should adjust all matters
relating thereto in a spirit of mutual accommodation, have agreed upon the following
stipulations:—
Art. I.—The Governments of Japan and Ciiina declare that the River Tumen
is recognised as forming the boundary between China and Korea, and that in the
region of the source ot that river the boundary line shall start from the boundary
monument, and’thence lollow the course of the stream Shih-Yi-Shwei.
CHINA-KOEEAN BOUNDAEY AGREEMENT 245 •
f A.rt. II.—The Government of China shall, as soon as possible after the signings
o the present agreement, open Luug-Ching-tsun, Chu-tsz-Chie, Tou-tao-kou, Pai-
Tsao-kou to the residence and trade of foreigners, and the Government of Japan >
may there establish Consulates or branch offices of Consulates 'J he date of opening -
such places shall be separately determined.
Art. III.—The Government of China recognise the residence of Korean people,
as heretofore, on the agricultural 1 inds lying north of the Biver Tumen.
Art. IV.—The Korean people ie-iding on the agricultural lands within the
mixf'd residence district to the north of the Kiver Tumen shall submit to the laws of
China, and shall be amenable to the jurisdiction of the Chinese local officials. tSuch
Korean people shall be accorded by the Chinese authorities equal treatment with
Chinese subjects, and similarly in the matter of taxation and all other administrative
measures they shall be placed on equal footing with Chinese subjects. All cases,
whether civil or criminal, relating to such Korean people shall be heard and decided
by the Chinese authorities in accordance with the laws of China, and in a just and
equitable manner. A Japanese Consular officer, or an official didy authorised by
him, shall be allowed freely to attend the Court, and previous notice is to be given
to the Japanese Consular officers the hearing of important cases concerning lives of
perso ns. Whenever the Japanese Consular officers find that decision has been
given in disregard of law, they shall have right to apply to the Chinese authorities
for a "ew trial, to be conducted by officia’s specially selected, in order to assure a
just decision.
Art. V.—The Government of Gbina engages that lands and bui’dings owned
by Korean people in the mixed residence district to the north of the River Tumen
shall ba fully protected, equally with properties of Chinese subjects. Ferries shall
be established on the River Turn n at places properly chosen, and people on either
side of th • i iver shall be entirely at liberty to cross to the other side, it being, however,
understood that persons carrying arms shall not be permit ed to cross the frontier
witln>ut previous official notice or passports. In respect of cereals produced in the
mixed ivsid^nce district, Korean people shall be permitted t<> export them out of
the said district, except in time <>f scarcity, in which case such exportation may be
prohibited. Collection of firewood and grass shall be dealt with in accordance with
the practice hitherto followed.
Art. VI.—-The Government of China shall undertake to extend the Kirin-
Changchun Railway to the southern boundary of Yenchi, and to connect if at
Hoiryong with a Korean railway, and such extension shall be effected upon the
same terms as the Kirin-Changchun Railway. The date of commencing the work
of proposed extension shall be determined by the Government of China considering
the actual requirements of the situation and upon consultation with the Government
of Japan.
Art. VLI.—The present agreement shall come into operation immediately upon
its signature, and thereafter the Chientao branch office of the Residency-General, as
well as all the civil and military officers attached thereto, shall be withdrawn as
soon as possible and within two months. The Government of Japan shall within
two months hereafter establish its Consulates at the places mentioned in Art. If.
In witness whereof the undersigned, duly authorised by iheir respective Gov-
ernments, have signed and sealed the present agreement in duplicate in the
Japanese and Chinese languages.
•CHINA-JAPAN AGREEMENT REGARDING
MANCHURIAN QUESTIONS
Signed at Peking, September 4th, 1909
The Imperial Government of Japan and the Imperial Government of China,
actuated by the desire to consolidate relations of amity and good neighbourhood
between the two countries by settling definitively matters of common concern in
Manchuria and by removing for the future all cause of misunderstanding, have
agreed upon the following stipulations
Art. I.—The Government of China engages that in the event of its under-
talcing to construct a railway between Hsin-min-tun and Fakumen it shall arrange
previously with the Government of Japan.
Art. II.—The _ Government of China recognises that the railway between
Tasidiichao and Yinglcow is a branch line of the South Manchurian Railway, and it
is agreed that the said branch line shall be delivered up to China simultaneously
with the South Manchurian Railway upon the expiration of the term of concession for
that main line. The Chinese Government further agrees to the extension of the said
branch line to the port of Yingkow.
Art. III.—In regard to coal mines at Fushun and Yuentai, the Governments of
Japan and China are agreed as follows:—
ci.—The Chinese Government recognises the right of the Japanese Government to
work the said coal mines.
b. —The Japanese Government, respecting the fu
gages to pay to the Chinese Government a tax on coals produced in those mines, the
rate of such tax to be separately arranged on the basis of the lowest tariff for coals
produced in any other part of China.
c. —The Chine-e Government agrees that, in the m
produced in the said mines, the lowest tariff of export duty for coals of any other
mines shall be applied.
d. — I he extent of the said coal mines, as well a
-shall be separately arranged by Commissioners specially appointed for that purpose.
Art. IV.—All mines along the Antung-Mukden Railway and the main line
of the South Manchurian Railway, excepting those at Fushun and Yuentai, shall be
exploited as joint enterprises of Japanese and Chinese subjects upon the general,
principles which the Viceroy of the Three Eastern Provinces and the Governor of
Shingking Province agreed upon with the Japanese Consul-General in 1907, corres-
ponding to the 33rd year of Kuanghsu. Detailed regulations in respect of such mines
shall in due course be arranged by the AJceroy and the Governor with the Japanese
Consul-General.
Art V.—The Government of Japan declares that it has no objection to the
extension of the Peking-Mukden Railway to the city wall of Mukden. Practical
measures for such extension shall be adjusted and determined by the local Japanese
and Chinese authorities and technical experts.
In witness whereof the undersigned, duly authorised by their respective Govern-
ments, have signed and sealed the present agreement in duplicate in the Japanese
and Chinese languages. (Signatures follow.)
TREATIES WITH SIAM
—
GREAT BRITAIN
TREATY OF FRIENDSHIP AND COMMERCE
Ratifications Exchanged at Bangkok, 15th April, 1856
Art. I.—There shall henceforward be perpetual peace and friendship between'
Her Majesty and her successors, and Their Majesties the Kings of Siam and their
i successors. All British subjects coming to Siam shall receive from the Siamese
Government full protection and assistance to enable them to reside in Siam in full
'security, and trade with every facility, free from oppression or injury on the part of
the Siamese, and all Siamese subjects going to an English country shall receive from
'the British Government the same complete protection and assistance that shall be
granted to British subjects by the Government of Siam.
Art. II.—The interests of all British subjects coming to Siam shall be placed under
the regulation and control of a Consul, who will be appointed to reside.at llangkok;
he will himself conform to, and will enforce the observance by British subjects of, all
the provisionsof this Treaty, and such portions of the former Treaty negotiated by Cap-
tain Burney, in 1826, as shall still remain in operation. He shall also give effect to all
rules or regulations that are now or may hereafter be enacted for the government of
British subjects in Siam, and conduct of their trade, and for the prevention of viola-
’ tions of the laws of Siam. Any disputes arising between British and Siamese subjects
shall be heard and determined by the Consul, in conjunction with the proper
Siamese officers; and criminal offences will be punished, in the case of English
offenders, by their own laws, through the Siamese authorities. But the Consul shall
not interfere in any matters referring solely to Siamese, neither will the Siamese
| authorities interfere in questions which only concern the subjects of Her Britannic
! Majesty.
It is understood, however, that the arrival of the British Consul at Bangkok shall
not take place before the ratification of this Treaty, nor until ten vessels owned by
British subjects sailing under British colours and with British papers shall have
entered the port of Bangkok for the purposes of trade, subsequent to the signing of
. this Treaty.
Art. III.—If Siamese in the employ of British subjects offend against the law of
ji their country, or if any Siamese having so offended, or desiring to desert, take refuge
with a British subject in Siam, they shall be searched for, and, upon proof of their
. guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In
; like manner any British offenders resident or trading in Siam who may desert, escape
to, or hide themselves in, Siamese territory, shall be apprehended and delivered over
i to the British Consul on his requisition. Chinese not able to prove themselves to be
British subjects shall not be considered as such by the British Consul, nor be entitled
to his protection.
Art. IY.—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. British subjects coming to reside at Bangkok may rent land, buy or build
2-18 TREATY BETWEEN GREAT BRIT IN AND SIAM
houses, but cannot purchase land within a circuit of 200 sen (not more than 4 miles
English) from the city walls, until they shall have lived in Siam for ten years, or shall
obtain special authority from the Siamese G-overnment to enable them to do so. But
with the < xception of this limitation, British residents in Siam may at any time buy or
rent houses, lands, or plantations, situated anywhere within a distance of twenty-four
hours’ journey from the city of Bangkok, to be computed by the rate at which boats of
the country can travel. In order to obtain possession of such land or houses, it will be
necessnry that the British subject shall, in the first place, make application through the
■Consul to the proper Siamese officers; and the Consul, having satisfied himself of the
honest intention of the applicant, will assist him in settling, upon equitable terms, the
amount of the purchase money, will mark out and fix the boundaries of the property,
and will convey the same to the British purchaser under sealed deeds. Whereupon
he and his property shall be placed under the protection of the Governor of the district
and that of the particular local autnorit'es; he shall conform, in ordinary matters, to
any just directions yiven him by them, and will be subject to the same taxation that is
levied on Siamese subjects. But if, through negligence and want of capital or other
cause, a British subject should fail to commence the cultivation or improvement of the
land so acquired within a term of three years from the date of receiving possession
thereof, the Siamese Government shall have the power of resuming the property, upon
returning- to the British subject the purchase-money paid by him for the same.
Art. Y.—All British subjects intending to reside in Siam shall be registered at
the British Consulate. They shall not go out to sea, nor proceed beyond the limits
assigi ed by this Treaty for the residence of British subjects, without a passport from
dhe Siamese authorities, to be applied for by the Britsh Consul; nor shall they leave
Siam if the S amese authorities show to the British Consul that legitimate objection
exists to their quitting the country. But within the limits appointed under the
preceding article, Britis 'i subjects are at liberty to travel to and fro under protection
of a pass, to be furnished them by the British Consul and counter-sealed by the proper
Siamese officer, stating, in the Siamese characters, their names, calling, and description.
The Siamese officers of the Government stations in the interior may, at any time, call
for the production of this pass, and immediately on its being exhibited they must
allow the parties to proceed; but it will be their duty to detain those persons who, by
•travelling without a pass from the Consul, render themselves liable to the suspicion of
their being deserters; and such detention shall be immediately reported to the Consul.
Art. VI.—All British subjects visiting or residing in Siam shall be allowed the
free exercise of the Christian religion and liberty to build churches in such localities
as shall be consented to by the Siamese authorities. The Siamese Government will
place no restriction upon the employment by the English of Siamese subjects as
-servants, or in any other capacity. But whenever a Siamese subject belongs to or owes
•service to some particular master, the servant who engages himself to a British
subject without the consent of his master may be reclaimed by him; and the Siamese
■ Government will not enforce an agreement between a British subject and any Siamese
in his employ unless made with the knowledge and consent of the master who has a
right to dispose of the services of the person engaged.
Art. Vll.—British ships of war may enter the river and anchor at Paknam,
but they shall not proceed above Paknam, unless with the consent of the Siamese
authorities, which shall be given when it is necessary that a ship shall go into dock for
repairs. Any British ship of war conveying to Siam a public functionary accredited
by Her Majesty’s Government to the Court of Bangkok shall be allowed to come up to
Bangkok, but shall not pass the forts called Pong Phrachamit and Pit-patch-nuck,
unless expressly permitted to do so by.the Siamese Government; but in the absence
of a British ship of war the Siamese authorities engage to furnish the Consul with a
force sufficient to enable him to give effect to his authority over British subjects and
to enforce discipline among British shipping.
Art. VIII.—The measurement duty hitherto paid by British vessels trading to
Bangkok under the Treaty of 1826 shall be abolished from the date of this Treaty
coming into operation, and British shipping and trade will henceforth be only subject
TREATY BETWEEN GREAT BRITAIN AND SIAM 249"'
to the payment of import and export duties on the goods landed or shipped. On all
j articles of import the duties shall be three per cent., payable at - the option- of the
j importer, either in kind or money, calculated upon the market value of the goods.
! Drawback of the full amount of duty shall be allowed upon goods found imsuleable
and re-exported. Should the British merchant and the Custom-house officers dis-
agiee as to the value to be set upon imported articles, such disputes shall be referred
to the Consul and proper Siamese officer, who shall each have the power to call in an
equal number of merchants as assessors, not exceeding two on either .side, to assist
them in coming to an equitable decision.
Opium may be imported free of duty, but can only be sold to the Opium Farmer
or his agents. In the event of no arrangement being effected with them for the sale
of the opium, it shall be re-exported, and no impost or duty shall be levied thereon.
Any infringement of this regulation shall subject the opium to seizure and confisca-
tion.
Articles of export from the time of production to the date of shipment shall pay
j: one import duty, whether this be levied under the name of inland tax, transit duty, or
! duty on exportation. The tax or duty to be paid on each article of Siamese produce
previous to or upon exportation is specified in the tariff attached to this Treaty ; and
I it is distinctly agreed that goods or produce which pay any description of tax in the
interior shall be exempted from any further payment of the duty on exportation.
English merchants are to be allowed to purchase directly from the producer the
i articles in which they trade, and in like manner to sell their goods directly to the
i f parties wishing to purchase the same, without the interference, in either case, of any
i other person.
f The rates of duty laid down in the tariff attached to this Treaty are those that are
now paid upon goods or produce shipped in Siamese or Chinese vessels or junks; and
r it is agreed that Biitish shipping shall enjoy all the privileges now exercised by, or
which hereafter may be granted to, Siamese or Chinese vessels or junks.
British subjects will be allowed to build ships in Siam, on obtaining permission
j to do so from the Siamese authorities.
(Whenever a scarcity may be apprehended of salt, rice, or fish, the Siamese
Government reserve to themselves the right of prohibiting, by public proclamation,
the exportation of these articles.
j 1 Bullion or personal effects may be imported free of charge,
i Art. IX.—The code of regulations appended to this Treaty shall be enforced by
I the Consul, with the co-operation of the Siamese authorities; and they, the said
t authorities and Consul, shall be enabled to introduce any further regulations which
jlj may be necessary in order to give effect to the objects of this Treaty.
All fines and penalties inflicted for infraction of the provisions and regulations
I of this Treaty shall be paid to the Siamese Government.
Until the British Consul shall arrive at Bangkok and enter upon his functions
fi the consignees of British vessels shall be at liberty to settle with the Siamese
u authorities all questions relating to their trade.
Art. X.—The British Government and its subjects will be allowed free and equal
I participation in any privileges that may have been, or may hereafter be, granted by
the Siamese Government to the government or subject of any other nation.
Art. XI.—After the lapse of ten years from the date of the ratification of this
9 Treaty, upon the desire of either the British or Siamese Government, and on twelve
U months’ notice being given by either party, the present and such portions of the
] Treaty of 1826 as remain unrevoked by this Treaty, together with the Tariff and
1; the Regulations hereunto annexed, or those that may hereafter be introduced, shall be
Ji subject to revision by Commissioners appointed on both sides for this purpose, who
v will be empowered to decide on and insert therein such amendments as experience -
li shall prove to be desirable.
‘GENERAL REGULATIONS UNDER WHICH BRITISH
TRADE IS TO BE CONDUCTED IN SIAM
Art. I.—The master of any English shij) 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
atandPaknam, he willand
ammunition; deliver into the custody
a Custom-house officerof will
the Custom-house officerstoallthehisvessel,
then be appointed guns
and will proceed in her to Bangkok.
Art. II.—A vessel passing Paknam without discharging her guns and ammuni-
tion as directed in the foregoing regulation will be sent back to Paknam to comply
with its provisions, and will be lined eight hundred ticals for having so disobeyed.
After delivery of her guns and ammunition she will be permitted to return to
Bangkok to trade.
Art. III.—When a British vessel shall have cast anchor at Bangkok, the master,
unless a Sunday should intervene, will within four and twenty hours after arrival
proceed to the British Consulate, and deposit there his ship’s papers, bills of lading,
etc., together with a true manifest of his import cargo ; and upon 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 pernrssion 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. Y.—As soon as a British vessel shall have discharged her cargo and
completed her outward lading, paid all her duties and delivered a. true manifest of
her outward cargo to the British Consul, a Siamese port-clearance shall be granted
her on application from the Consul, who in the absence of any legal impediment to
her departure, will then return to the master his ship’s papers, and allow the vessel
to leave. A Custom-house officer will accompany the vessel to Paknam; and on
arriving there she will be inspected by the Custom-house officers of that station, and
will receive from them the guns and ammunition previously delivered into their
charge. The above regulations, numbered from 1 to 5, are obligatory under the
Treaty concluded between Great Britain and Siam; those which follow, numbered
from 6 to 14, are equally to be observed by masters of British vessels and their crews.
Art. VI.—Masters of British vessels, when reporting their arrival at Her Majesty’s
-Consulate at the port of Bangkok, as directed by the fourth regulation ^above quoted,
-shall notify in writing the names of all passengers a*nd persons not forming part of
the registered crew.
Notice must likewise be given of the number and names of persons, who, as
passengers or in any other capacity (seamen borne on the muster-roll excepted), in-
tend to leave Siam in a British vessel.
Art. VII.—Seamen, lascars, and others belonging to British vessels in the port
.are strictly prohibited to wear side knives and other weapons while on shore.
Art. VIII.—Should any seaman or apprentice absent himself without leave, the
master will report his. absence, if such exceeds twenty-four hours, at the Consulate
•offices.
Art. IX.—Any British subject who entices a seaman or apprentice to desert,
Incurs, according to the Merchant Shipping Act, 1854, paragraph 257, a penalty not
TARIFF OF DUTIES—SIAM 251'
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 peter1
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
master, 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
in sterling money) at the rate of eight ticals Siamese currency for one pound.
Tariff of Export and Inland Duties to be levied on Artices of Trade
I.—The undermentioned Articles shall be entirely free from Inland or other
taxes, on production of transit pass, and shall pay Export Duty as follows:—
Tical Salcng Fuang Hun
23 Rhinoceros’
txwnboge horns .100 000 00 0 per picul
46 Cardamons,
Cardamons, best .50
.14 0 o0 000
67 Dried mussels bastard . 61 00 00 0
Pelicans’ quills 0O’
89 Krachi
Betel nut,wooddried . 0102 00 00
1011 Sharks’ fins, white .. 306 00 00
12I'-t Sharks’
Lukkrabau
Peacocks’
fins,seed
black 2 000
0
00 per 100 taels -
Buffalo andtails
14lo Rhinoceros’ cow
hidesbones- .10
.. 00 u20 0 30 per picul
171618 Soft
Hide cuttings
Turtle shell
ditto . 0101 0 0 0
202119 Beche-de-mer
Fish maws
.. 31
3 000 000 000
Birds’ nests,feathers
2223 Kingfishers’ uncleaned ... .. 2060 per cent.o2 0 per 100
2425 Catch Beyche seed (Nux Vomica) 0O20 2 o00 000 per picul
2627 Gum Pungtarai seed
Benjamin .
.. 40 0 00
Angrai bark 002 000
292830 Old Agillaskins
Ray wood .. 23 00 00
31 Soft,deers’ hornsditto
or young 100 per cent.1 0
252 AGREEMENT BETWEEN GREAT BRITAIN AND SIAM
\3'-32 Deer hides, fine Tical 83 S a lung 0 Fdang0 Hun 0 per 100 hides
Deer hides, comm n .... 41 0
0 0
0
31 Buffalo
35 Deer sinews
and cow hides. 0 0
: 3637 Elephants’ bones 501001000
3839 Tigers’
Buffalo bones
Elephants’ hornshides 0 10 (0* per skin
. 4041 Tigers’ skinskins
Armadillo 40 0100 3 per picul
42 Hemp Sticklac 1100
12
. 444543 Dried
Dried Fish, Plaheng 12 0
. 474846 Mangrove
Fish, Plmalit ,
Sapanwcod
Salt meat bark 021020 01
0
03 10
2 0
,504951 Rosewood
Elony
Rice 41 41 00
II.—The undermentioned Articles being subject to the Inland or Transit duties
therein named, and which shall not be increased, shall be exempt from export duty::—
5253 Sugar, White Tical
00 r ALUN 21 00 Hun
„ Red 00 per picul
5455 Cotton,
Paper clean and unclean ed 10 per cent
575856 Dried
Salt fish.andPlat
Beans Peas... one 11 twelfth00 00 00 p. 1,000 fish
Prawns „
606159 Tilseed
Silk, raw
Bees’ wax
,,
one „fibeenth
6261 Tawool 1 00 0 00 per picul
64 Salt Tobacco 61 2 0 0 p.per1,000koyan
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 Duty, not exceeding
the rate now paid.
AGREEMENT RELATIVE TO THE REGISTRATION
OE BRITISH SUBJECTS IN SIAM
Signed at Bangkok, November 29th, 1899
The Governments of Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, and of His Majesty the King of Siam,
recognizing the necessity of having a satisfactory arrangement for the registration
of British subjects in Siam, the undersigned, Her Britannic Majesty’s Minister
Resident and LI is Siamese Majesty’s Minister for Foreign Affairs, duly authorized to
that effect, have agreed as follows:—
Art. I.—The registration according to Article Y. of the Treaty of April 18th,
18:5, of British subjects residing in Siam, shall comprise the following categories:
1. All British natural born or naturalized subjects, other than those of Asiatic
descent.
2. All children and grandchildren born in Siam of persons entitled to be
registered under the first category, who are entitled to the status of British subjects
in contemplation of English law.
Neither great-grandchildren nor illegitimate children born in Siam of persons
mentioned in the first category are entitled to be registered.
TEEATY BETWEEN GrKEAT BRITAIN AND SIAM 253
3. All persons of Asiatic descent, born within the Queen’s dominions, or
■naturalized within the United Kingdom, or born within the territory of any Prince
or State in India under the suzerainty of, or in alliance with, the Queen, except
natives of Upper Burmah or the British Shan States who became domiciled in
Siam before January 1st, 1886.
4. All children born in Siam of persons entitled to be registered under the
third category.
No grandchildren born in Siam of persons mentioned in the third category are
entitled to be registered for protection in Siam.
5. The wives and widows of any persons who are entitled to be registered under
■the foregoing categories.
Art. II.—The lists of such registration shall be open to the inspection of a
properly authorized representative of the Siamese Government on proper notice
being given.
Art. III.—If any question arises as to the right of any person to hold a British
•certificate of registration or as to the validity of the certificate itself, a joint inquiry
shall be held by the British and Siamese authorities and decided according to the
conditions laid down in this Agreement, upon evidence to be adduced by the holder
of the certificate, in the usual way.
Art. IY.—Should any action, civil or criminal, be pending while such inquiry is
going on, it shall be determined conjointly in what Court the case shall be heard.
Art. Y.—If the person, in respect of w hom the inquiry is held, come within the
conditions for registration laid down in Article I., he may, if not yet registered,
forthwith be registered as a British subject and provided with a certificate of
registration at Her Britannic Majesty’s Consulate; otherwise he shall be recognized
as falling under Siamese jurisdiction, and, if already on the lists of Her Britannic
Majesty’s Consulate, his name shall be erased.
In witness whereof the undersigned have signed the same in duplicate and have
affixed thereto their seals at Bangkok, on the 29th day of November, 1899, of the
•Christian era, corresponding to the 118th year of Batanakosindr.
[Seal] (Signed) George Grevilee.
„ „ Devawongse Varoprakar.
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
k 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 over the States of Kelantan, Tringganu, Kedah, Perlis, and adjacent islands.
The frontiers of these territories are defined by the Boundary Protocol annexed hereto.
254 TREATY BETWEEN GREAT BRITAIV AND SIAVt
Art. II.—The transfer provided for in the preceding Article shall take place-
within thirty days after the ratification of this Treaty.
Art. III.—A mixed Commission, composed of Siamese and British officers, shall
be appointed within six months after the date of ratification of this Treaty, and shall
be charged with the delimitation of the new frontier. The work of the Commission
shall be commenced as soon as the season permits, and shall be carried out in.
accordance with the Boundary Protocol annexed hereto.
Subjects of His Majesty the King of Siam residing within the territory de-
scribed in Article I. who desire 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. Y.—The jurisdiction of the Siamese International Courts, established by
Article VIII. of the Treaty of the 3rd September, 1883, shall, under the conditions
defined in the Jurisdiction Protocol annexed hereto, be extended to all British sub-
jects in Siam registered at the British Consulates before the date of the present Treaty.
This system shall come to an end and the jurisdiction of the International
Courts shall be transferred to the ordinary Siamese Courts after the promulgation
and the coming into force of the Siamese codes, namely, the Penal Code, the Civil
and Commercial Codes, the Codes of Procedure, and the Law for organization of
Courts.
All other British subjects in Siam shall be subject to the jurisdiction of the
ordinary Siamese Courts under the conditions defined in the Jurisdiction Protocol.
Art. YI.—British subjects shall enjoy throughout the whole extent of Siam the
rights and privileges enjoyed by the natives of the country, notably the right of
property, the right of residence and travel.
They and their property shall be subject to all taxes and services, but these
shall not be other or higher than the taxes and services which are or may be imposed
by law on Siamese subjects. It is particularly understood that the limitation in the
Agreement of the 20rh 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. YH.—The provisions of all Treaties, Agreements, and Conventions between
Great Britain and Siam, not modified by the present Treaty, remain in full force.
Art. VIII.—The present Treaty shall be ratified within four months from its date.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, in the year 1909.
[Seal] (Signed) Ralph Paget.
„ „ Devawongse Varopr akar.
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:—
TREATY BETWEEN GREAT BRITAIN AND SIAM 255
Commencing from the most seaward point of the northern bank of the estuary
-of the Perlis River and thence north to the range of hills which is the watershed
between the Perlis River on the one side and the Pujoh River on the other; then
following the watershed formed by the said range of hills until it reaches the main
-watershed or dividing line between those rivers which flow into the Gfulf 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 PergaiiVthen leaving the main watershed
and going along the watershed separating the waters of the Sungei Pergau from
the Sungei Telubin, to the hill called Bukit Jeli or the source of the main stream of
-the Sungei Grolok. Thence the frontier follows the thalweg of the main stream of
the Sungei Golok to the sea at a place called Kuala Tahir.
This line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei
Tanjung Mas and t ie valley on the left or west bank of the Golok to Siam and the
whole valley of the Perak River and the valley on the right or east bank of the
-Golok to Great Britain.
Subjects of each of the parties may navigate the whole of the waters of the
Sungei Golok and its affluents.
The island known as Pulo Langkawi, together with all the islets south of mid-
channel between Terutau and Langkawi and all the islands south of Langkawi shall
become British. Terutau and the islets to the north mid-channel shall remain
to Siam. •
With regard to the islands close to the west coast, those lying to the north of
the parallel of latitude where the most seaward point of the north bank of the
Perlis River touches the sea shall remain to Sia n, and those lying to the south of
that parallel shall become British.
All islands adjacent to the eastern States of Kelantan and Tringganu, south of
a parallel of latitude drawn from the point where the Sungei Golok reaches the coast
at a place callei 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
nr 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
from the frontier as laid down herein, such rectification shall not under any
circumstance be made to the prejudice of the Siamese Government.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
[Seal] (Signed) Ralph Paget.
„ Devawongse Vabopbakar.
Annex 2
Protocol concerning the Jurisdiction applicable in the Kingdom of Siam to British
Subjects and annexed to the Treaty dated March 10, 1909.
Sec. 1.—International Courts shall be established at snch plates as may seem
desirable-in the interes s of the goo t administration of justice ;*the selection of these
places shall from the subject of an understanding between the British Minister at
Bankoi and the Siamese Minister for Foreign Affairs.
256 TREATS BETWEEN GREAT BRITAIN AND SIA^t
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 Treaty of the 3rd September,
1883.
The right of evocation shall cease to be exercised in all matters coming within
the scope of codes or laws regularly promulgated as soon as the text of such codes or
laws shall have been communicated to the British Legation in Bangkok. There shall
be an understanding between the Ministry for Foreign Affairs and the British
Legation at Bangkok for the disposal of 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 whieh 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.—Mo plea of want of jurisdiction based on the rules prescribed by the
sent Treaty shall be advanced in any Court after a defence on the main issue has
;n offered.
Sec. 8.—In order to prevent difficulties which may arise in future from.the
transfer of jurisdiction contemplated by the presentTreaty and Protocol, it is agreed:—
(a.) All cases in which action shall be taken subsequently to the date of the
ratification of this Treaty shall be entered and decided in the competent International
or Siamese Court, whether the cause of action arose before or after the date of
ratification.
(b.) All cases pending in His Britannic Majesty’s Courts in Siam on the date of
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, 1909.
[Seal] (Signed) Ralph Paget.
Devawongse Varoprakar.
TREATY BETWEEN GREAT BRITAIN AND SIAM 257
Annex 3
Mr. Paget to Prince Devawongse
M. le Ministre, March 10, 1909.
In view of the position of British possessions in the Malay Peninsula and of the
contiguity of the Siamese Malay provinces with British-protected territory, His
Majesty’s G-overnment are desirous of receiving an assurance that the Siamese
Government will not permit any danger to arise to British interests through the use
of any portion of the Siamese dominions in the peninsula for military or naval
purposes by foreign Powers.
His Majesty’s Government would therefore request that the Siamese Govern-
ment shall not cede or lease, directly or indirectly, to any foreign Government any
territory situated in the Malay Peninsula south of the southern boundary of the
Monthon Rajaburi, or in any of the islands adjacent to the said territory; also that
within the limits above mentioned a right to establish or lease any coaling station, to
build or own any construction or repairing docks, or to occupy exclusively any harbours,
the occupation of which would be likely to be prejudicial to British interests from a
strategic point of view, shall not be granted to any foreign Government or Company.
Since this assurance is desired as a matter of political expediency only, the
phrase “coaling station” would not be held to include such small deposits of coal as
may be required for the purposes of the ordinary shipping engaged in the Malay
Peninsula coasting trade.
Prince Devawongse to Mr. Pagtt
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
above-mentioned a right to establish or lease any coaling station, to build or own any
construction or repairing docks, or to occupy exclusively any harbours, the occupation
of which would be likely to be prejudicial to British interests from a strategic point
of view, shall not be granted to any foreign Government or company.
• In reply, I beg to say that the Siamese Government gives its assurance to the
-above effect, taking note that the phrase “coaling station” shall not include such
small deposits of coal as may be required for the purposes of the ordinary shipping
engaged in the Malay Peninsula coasting trade.
(Signed) "Devawongse Varoprakab.
Prince Devawongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909.
With reference to the provision contained in Article IY. of the Jurisdiction
Protocol to the effect that in all cases in which a British subject is defendant or
accused ^ European adviser shall sit in Court, I would express the hope, on behalf of
His Majesty’s Government, that His Britannic Majesty’s Government will be prepared
in due course to consider the question of a modification of or release from this
guarantee when it shall be no longer needed; and, moreover, that in any negotiations
in connection with such a modification or release the matter may be treated upon its
merits alone,and not as a consideration for which some other return should be expected.
The Siamese Government appreciates that a Treaty like the one signed to-day
marks an advance in the administration of justice in the kingdom. The conclusion
of such a Treaty is in itself a sign of progress. It is the intention of the Siamese
Government to maintain the high standard in the administration of justice which it
has set before it, and towards which it has been working for some time.
In this connection I take pleasure in acknowledging the contribution which Mr.
J. Stewait Black has made to this work.
9
258 TEEATY BETWEEN UNITED KINGDOM AND SIAM
I wish also to say that provision will be made for the treatment of European
prisoners according to the standard usual for such prisoners in Burmah and the
Straits Settlements.
(Signed) Devawongse Varoprakar.
Mr. Paget to Prince Devawongse
M. le Ministre, March 10, 1909.
With reference to the guarantee contained in the first paragraph of Artii le IY. of
the Jurisdiction Protocol, I have the honour to state that His Majesty’s Government
will be prepared in due course to consider the question of modification of or release
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 he treated upon its merits alone, and not as a c msideration
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 nmintain the high standard in the administration of
justice which it has set before it, and towards which it has been working for same
time ; and I may assure your Royal Highness that it will be the aim of His Majesty’s
Government in every manner to second tbe efforts of His Siamese Majesty’s Govern-
ment in this direction.
I wish also to say that the International Courts referred to in Section 1 of the
Protocol on Jurisdiction annexed to the Treaty signed to-day need not necessarily be
Courts specially organized for this purpose. Provincial (“Monthon”) Courts or
District (“Muang”) Courts may constitute International Courts, according as British
subjects may be established in greater or less number within the jurisdiction of those
Courts. The fact that an ordinary. Court is designated as an International Court will
have as a consequence the introduction into that ordinary Court of all the provisions
relating to International Courts secured by the Protocol on Jurisdiction.
(Signed) Ralph Paget.
AGREEMENT BETWEEN THE UNITED KINGDOM AND
SIAM RESPECTING THE RENDITION OE EUGITIYE
CRIMINALS BETWEEN THE STATE OE
NORTH BORNEO AND SIAM
Signed at Bangkok, September 18th, 1913
The Government of His Britannic Majesty and the Government of His Siamese
Majesty, being desirous of regulating the rendition of fugitive criminals between
the State of North Borneo under the protection of His Britannic Majesty and the
territories of His Majesty the King of Siam, hereby agree as follows: —
Art. I.—The provisions of the Extradition Treaty between His Britannic
Majesty and His Majesty the King of Siam, signed at Bangkok on the 4th day of
March, 1911, shall be deemed to apply, so far as local circumstances per;nit, 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 Yaroprakar.
FOREIGN JURISDICTION
STATUTORY RULES AND ORDERS, 1909. No. 754
The Siam Okdek-in-Council, 1909
At the Court at Buckingham Palace, the 28th day of June, 1909
Present:
Lord President. Sir Frederick M. Darley.
Lord Steward. Mr. Herbert Samuel.
Earl Grey. Mr. C. E. H. Hobliouse.
Earl Carrington. Mr. Russell Rea.
Whereas by Treaty, grant, usage, sufferance, and other lawful means, His
Majesty the King has power and jurisdiction within the dominions of the King of
Siam:
And whereas the exercise of the power and jurisdiction aforesaid is now
regulated by the Siam Order-in-Council, 1906:
And whereas by a Treaty between His Majesty the King and His Majesty
the King of Siam, signed in Bangkok on the 10th day of March, 1909, the
i States of Kelantan, Tringganu, Kedah, Perlis, and the adjacent islands,
i' were transferred to the Government of His Majesty, the frontiers of the said
I territories being defined in the Boundary Protocol annexed to the said Treaty:
And whereas by Article of the said Treaty it was agreed that the jurisdiction of
f the Siamese International Courts, established by Article VIII. of the Treaty of the 3rd
September, 1883, between Her late Majesty Queen Victoria and His Majesty the
| King of Siam, should, under the conditions defined in the Jurisdiction Protocol
I annexed to the said recited Treaty of the 10th March, 1909, and printed in the
j Schedule to this Order, be extended to all British subjects in Siam registered at the
British Consulates before the date of the said Treaty, and that this system should
come to an end, and the jurisdiction of the International Courts should be trans-
ferred to the ordinary Siamese Courts after the promulgation and the coining into
I force of the Siamese codes, namely, the Penal Code, the Civil and Commercial Codes,
the Codes of Procedure, and the Law for Organization of Courts, and that all other
> British subjects in Siam should be subject to the jurisdiction of the ordinary Siamese
; Courts under the conditions defined in the said Jurisdiction Protocol.
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 Siam Order-in-Council, 1909,” and shall be
read as one with the “Siam Order-in-Council, 1906,” hereinafter called the
“ Principal Order.”
9*
FOREIGN JURISDICTION BETWEEN GREAT BRITAIN AND SIAM
2. From and after the commencement of this Order the Principal Order shall, ex-
cept as regards any judicial matters pending in any Court established by the Principal
Order on the day above mentioned, cease to be in force and operation in the States
of Kelantan, Tringganu, Kedah, Perlis, and the adjacent islands, being the
territories transferred to the control of His Majesty’s Oovernment, the frontiers
whereof are defined by the Boundary Protocol annexed to the said Treaty.
3. With respect to any civil or criminal case arising within the limits of the
Principal Order, elsewhere than in the districts referred to in Article II., between
British subjects who were registered at the date of the said Treaty in accordance
with Part VIII. of the Principal Order, or in which a British subject so registered
may be a party as complainant, accused, plaintiff, or defendant, the Principal Order
shall not operate or have any effect so long as the said Treaty of the 10th March,
1909, continues in force, unless and until such case shall have been transferred by an
exercise of the right of evocation in accordance with the provisions of the Jurisdiction
Protocol annexed to the said Treaty and printed in the Schedule hereto to a Court
established under the Principal Order.
4. Notwithstanding anything contained in Article III., the Courts established by
the Principal Order shall continue to transact all non-contentious business in relation
to the probate of wills and the administration of estates of deceased British subjects
who were registered in accordance with Part VIII. of the Principal Order at the date
of the said Treaty; but, except as to non-contentious business, the provisions of
Article III. shall apply in matters of probate and administration.
5. “ The Foreign Jurisdiction (Probates) Order-in-Council, 1908,” shall not
operate in Siam, except to the extent and in the cases where the provisions of the
Principal Order are in operation.
0. With respect to all civil or criminal cases, other than those referred to in
Articles III. and IV., arising within the limits of the Principal Ord6r, elsewhere than in
the districts referred to in Article II., the Principal Order shall not operate or have
effect so long as the said Treaty continues in force.
7. Where a case is transferred from an International Court to a Court established
by the Principal Order, such Court shall give such directions as seem proper for its
determination, having regard to the proceedings (if any) in the International Court.
In determining such case the Court shall apply any Siamese law, other than a law
relating to procedure, which would have been applied in the International Court.
In a criminal case, if the accused is handed over by the International Court in
custody, he may be detained in custody as if he had been arrested under a warrant
on the day on which he is handed over.
8. Criminal or civil proceedings which have been instituted in any Court
established under the Principal Order before the commencement of this Order shall
not be affected by this Order.
9. Articles CXXXIX. to CLIII. (inclusive), CLV1. and CLVII. of the Principal
Order are hereby repealed, but such repeal shall not affect the past operation of such
Articles, or any right, title, obligation or liability accrued or the validity or invalidity of
anything done or suffered under such Articles before the commencement of this Order.
10. This Order shall commence and. have effect on such date as the Minister
shall appoint.
And the Bight Honourable Sir Edward G-rey, Baronet, one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
A. W. Fitzeoy.
FRANCE
TREATY BETWEEN EBANCE AND SIAM
Signed at Paris, February, 1904
I. —The frontier between Siam and Cambodia starts on the
-Great Lake, from the mouth of the Eiver Stung Ruolos. It follows the parallel of
this point in an Eastward direction till it meets the River Preak Kompung Tiam;
then, turning Northward, it corresponds to the meridian of that point till it reaches
the Pnom Dong-rek Mountains. Thence it follows the watershed between the basins
•of the Nam-Sen and the Mekong on the one side, and of the Nam-Mun on the other,
and joins the Pnon Padang i-ange, the crest of which it follows towards the East as
far as the Mekong. Above that point the Mekong remains the frontier of the King-
dom of Siam, in conformity with Clause I. of the Treaty of October 3, 1893.
II. —With regard to the frontier between Louang Prabang,
-of the Mekong, and the Provinces of Muang-Phichai anl Muang-Nan, it starts from
the Mekong at its confluence with the Nam-Huong, and follows the thalweg of that
river to its confluence with the Nam-Tang. Then, ascending the course of the said
River Nam-Tang, it reaches the watershed between the basins of the Mekong and the
Menan, at a point situated near Pou-Dene-Dene. From that spot it turns Northward,
following the watershed between the two basins to the sources of the River Nam-Kop,
the course
III. of which it follows
—The till it meets thedelimitation
Mekong. of the frontier between the Kingd
territories forming French Indo-China shall be carried out. That delimitation shall
be made by mixed Commissions, composed of officers appointed by the two contra ting
countries. The duties of th -se Commissions shall concern the frontier determined
by Clauses I. and II., as well as the region comprised between the Great Lake and
the sea. With the object of facilitating the work of the Commissions and of avoiding
•every possible difficulty in the delimitation of the frontier in the region comprised
between the Great Lake and the sea, the two Governments will come to an agreement
before nominating the mixed Commissions, fixing the principal points of the delimita-
tion in that region, and especially the point at which the frontier will reach the sea.
The mixed Commissions shall be appointed and begin their work within four months
after the notification of the present Convention.
IY.—The Siamese Government renounces all Sovereign rights over the
territories of Louang-Prabang, situated on the right bank of the Mekong. Merchant
boats and wood rafts belonging to the Siamese shall have the right to navigate freely
that portion of the Mekong traversing the territory of Louang-Prabang.
Y.—As soon as the Agreement stipulated for in Paragraph 2 of Clause III.,
relative to the delimitation of the frontier between the Great Lake and the sea, shall
have been established, and as soon as it has been officially notified to the French
authorities that the territory involved in this Agreement, and the territories situated
to the East of the frontier, as indicated in Clauses I. and II. of the present Treaty,
are at their disposal, the French troops which provisionally occupied Chantabun, in
virtue of the Convention of October 3, 1893, shall leave that town.
YI.—The stipulations of Clause IV. of the Treaty of October 3, 1893, shall be
replaced by the following :—“ His Majesty the King of Siam undertakes that the
troops he sends or keeps throughout the whole of the Siamese Basin of the Mekong
shall always be troops of Siamese nationality, commanded by officers of that
nationality. The only exception to this rule is made in favour of the Siamese
Geudarmerie, at present commanded by Danish officers. Should the Siamese Govern-
ment wish to substitute for these officers foreign officers belonging to another
TREATY BETWEEN FRANCE AND SIAM
nationality, it must previously come to an understanding with the French Govern-
ment. So far as the Provinces of Siem-Reap, Battambang, and Sesupon are
concerned, the Siamese Government undertakes to keep there none but the Police
Contingents necessary for the maintenance of order. These contingents shall be
recruited exclusively on the spot, from among the native inhabitants.”
VII. —In future, in the Siamese portion of the Mek
Government wishes to construct ports, canals, railways (especially railways intended
to connect the Capital with any point in that basin), it will come to an agreement
with the French Government, if such works cannot be exclusively executed by
Siamese and with Siamese capital. The same would naturally apply to the working
of the said enterprises. With regard to the use of the ports, canals, and railways in
the Siamese portion of the Mekong Basin, as well as in the rest of the Kingdom, it i»
understood that no differential rights shall be established, contrary to the principle of
commercial equality included in the Treaties signed by Siam.
VIII. —In execution of Clause VI. of the Convention
of land of a superficial area to be determined shall be ceded by the Siamese Govern-
ment to the Government of the Republic at the following points situated on the right
bank of the Mekong:—Xieng-Kheng, Mong-Kheng, Mong-Sing; on the right or left
bank—Mong-Dahan, Kemmarat, and the mouth of the Nam-Mong. The two Gov-
ernments will come to an understanding to clear the course of the Nam-Moun, be-
tween its confluents with the Mekong and Pimun, of the obstacles which hinder
navigation. In case of those works being found impossible to execute, or too costly,
the two Governments will concert together for the establishment of communication
by land between Pimun and Mekong. They will also come to an understanding for
the construction between Bassak and the frontier of Louang-Prabang, of the railway
lines which may be recognised as necessary owing to the innavigability of the Mekong.
IX. —It is from the present moment agreed that the t
facilitate the establishment of a railway connecting Pnom Penh and Battanbang. The
construction and working shall be undertaken either by the Governments themselves,
each undertaking the portion which is on its territory, or by a Franco-Siamese Com-
pany accepted by the two Governments. The two Governments are agreed on the
necessity of carrying out work for the improvement of the course of the river between
the Great Lake and Battanbang. With that object in view, the French Government
is ready to place at the disposal of the Siamese Government the technical agents it
may require, both for the execution and maintenance of the said works.
X. —The Government of his Majesty the King of Siam acce
French proteges such as they exist at the present moment, with the exception of the
persons whose licences may be recognised by both parties as having been illegally
obtained. A copy of these lists will be communicated to the Siamese authorities by
the French authorities. The descendents of the proteges thus maintained under
French jurisdiction shall not have the right to claim their licence if they do not be-
long to the category of persons described in the following Clause of the present
Convention:—
XI. —Persons of Asiatic origin born in a territory subject
tion, or placed under the Protectorate of France, except those who took up their
residence in Siam previous to the time when the territory on which they were boro
was placed under that domination, or that Protectorate, shall have the right to
French protection. French protection will be granted to the children of those
persons, but it shall not extend to their grandchildren.
XII. —So far as concerns the jurisdiction to which, for t
exception, all French subjects and all French proteges shall be subjected to in Siam,
the two Governments agree to substitute for the existing regulations the following:—
L In criminal matters, French subjects or French proteges shall only
be amenble to French judicial authority.
2. In civil matters, all actions brought by a Siamese against a Frenchman
or French protege, shall be heard before the French Consular Court. All
actions in which the defendant is a Siamese shall be heard before the Siamese
TREATY BETWEEN FRANCE AND SIAM
Court of Foreign Causes, instituted at Bangkok. Except in the provinces of
Xieng Mai, Lakhon, Lampoun, anch Nan, all civil and criminal cases involving
French subjects and proteges shall be heard before the International Siamese
Court. But it is understood that in all these cases* the French Consul shall
have the right of being present at the trial, or of being represented by a
duly authorised deputy, and of making all observations which may appear
to him to he required in the interest of justice. In the case of the
defendant being French or a French protege, the French,Consul may, at any
time during the proceedings, if lie thinks fit, and upon a written requisition,
fclaim to hear the case. The case shall then be transferred to the French
Consular Court, which, from this moment, shall alone be competent, and to
which the Siamese authorities are hound to give their assistance and yood offices.
Appeals against the judgments delivered both by the Court of Foreign Causes,
as Well as the International Court, shall be taken before the Court of Appeal at
Bangkok.
XIII. —With regard to the future admission to French
who are not born on territory under the direct authority or the protectorate of France,
or who may not find themselves legally naturalised, the Government of the Republic
shall enjoy rights equal to those which Siam may accord to any other Power.
XIV. —The Regulations under former Treaties, Agreem
-between France and Siam, which are not modified by the present Convention, remain
in full force.
XV. —In case of difficulties in the interpretation of the
which is drawn up in French and Siamese, the French text alone shall stand.
XVI. —The present Convention shall be ratified within
day of the signature, or earlier if possible.
ADDITIONAL TREATY BETWEEN ERANCE AND SIAM
Signed at Bangkok, March 23rd, 1907
(Translation)
The President of the French Republic, and His Majesty the King of Siam, in
continuation of the work of delimitation undertaken with a view to carrying out the
Convention of the 13th February, 1904, being desirous on the one hand of assuring
the final settlement of all questions relative to the common frontiers of Indo-China
and Siam, by a reciprocal and rational system of exchanges, and being desirous on
the other hand of facilitating the relations between the two countries by the progres
sive introduction of an uniform system of jurisdiction, and by the extension of the
rights of French nationals established in Siam, have decided to conclude a fresh
Treaty, and have appointed for this purpose as their Plenipotentiaries, namely, the
President of the French Republic, M. Victor Emile Marie Joseph Collin (de Plancy),
Envoy Extraordinary and Minister Plenipotentiary of the French Republic in
Siam, Officer of the Legion of Honour and of Public Instruction; His Majesty the
King of Siam, His Royal Highness Prince Devawongse Varoprakar, Chevalier of
the Order of Maha-Chakrkri, Grand Officer of the Legion of Honour, etc., Minister
for Foreign Affairs; who, furnished with full powers, which have been found in
good and due form, have resolved upon the following provisions:—
Art. I.—The Siamese Government cedes to France the territories of Battambang,
Siem-Reap, and Sisophon, the frontiers of which are defined by Clause I. of the
Protocol of Delimitation annexed herewith.
Art. II.—The French Government cedes to Siam the territories of Dan-Sai and
Kratt, the frontiers of which are defined by Clauses I. and II. of the said Protocol,
264 ADDITIONAL TREATY BETWEEN FRANCE AND SIAM
as well as all the islands situated to the south of Cape Lemling as far as and inclusive-
of Koh-Kut.
Art. III.—The handing over of these territories shall take place on one side and the
other not less than twenty days after the date on which the present Treaty is ratified.
Art. IV.—A mixed Commission, composed of French and Siamese officers and
officials, shall be appointed by the two contracting countries, not less than four
months after the ratification of the present Treaty, and shall be charged with
delimiting the new frontiers. It shall commence its operations as soon as the season
shall permit, and shall carry them out in conformity with the Protocol of Delimita-
tion annexed to the present Treaty.
Art. V.—All French Asiatic subjects and protected persons who shall be
registered at the French Consulates in Siam after the signature of the present
Treaty, by application of Article XI. of the Convention of the 13th February, 1904,
shall be under'tbe jurisdiction of the ordinary Siamese Tribunals.
The jurisdiction of the International Siamese Courts, the institution of which
is arranged for by Article XII. of the Convention of the 13th February, 1904, shall,
subject to the conditions given in the Protocol of Jurisdiction annexed herewith, be
extended, throughout the whole kingdom of Siam, to the French Asiatic subjects and
protected persons alluded to in Articles X. and XI. of the same Convention, and who-
are actually registered at the French Consulates m Siam.
The regime shall terminate and the jurisdiction of the International Courts
shall be transferred to the ordinary Siamese Tribunals, after1 the promulgation and.
the bringing into force of the Siam se Cod s (P. nal Cod- , Civil and Commercial
Code, Codes of Procedure, Law of Judicial Organization).
Art. VI.—French Asiatic subjects and protected persons shall enjoy throughout
the whole kingdom of Siam the same rights and privileges which the natives of the
country possess, notably rights of property, of free residence, and of free circulation.
They shall be subject to the ordinary taxes and “prestations.”
They shall be exempt from military service and shall not be subjected to extra-
ordinary resquisitions'and duties.
Art. VII.—The provisions of the old Treaties, Agreements, and Conventions-
between France and Siam, which are not modified by the present Treaty, remain in
full force.
Art. VIII.—In the event of any difficulty arising in connection with the-
interpretation of the present Treaty, drawn up in French and Siamese, the French
text shall be binding.
Art. IX.—The present Treaty shall be ratified in nut less than four months
from the date of signature, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty, and have affixed their seals.
Done at Bangkok, in duplicate, the 23rd March, 1907,
(Signed) V. Collin (de Plancy).
„ Devawongse Vaboprakar.
Protocol concerning the Delimitation of the Frontiers, and annexed to the Treaty of
March 23rd, -1907
With a view to facilitating the labours of the Commission arranged for in Article
IV. of the Treaty of to-day’s date, and with a view to avoiding any possible difficulties
arising in regard to the delimitation, the Government of the French Eepublic and
the Government of His Majesty the King of Siam have agreed upon the following:—
Clause I.—The frontier between French Indo-China and Siam starts from the
sea at a point situated opposite the highest summit of the Island of Koh-Kut. It
follows from this point a north-easterly direction to the crest of Pnom-Krevanh. It is
formally agreed that, in all cises, the east slopes of these mountains, including the whole
of the basin of the Klong-Kop", should continue to form part of French Indo-China.
ADDITIONAL TEEATY BETWEEN FRANCE AND SIAM
The frontier follows the crest of the Pnqm-Krevimh in a northerly direction as
far as Pnom-Thom, which is situated on the main line of the watershed, between
the rivers which flow towards the gulf of Siam, and those which flow towards the Great
Lake. Prom Pnom-Thom, the frontier follows at first in a north-westerly direction,
then in a northerly direction, the actual frontier between the Province of Battambang
on the one hand, and that of Chantaooum and Kratt on the other, as far as the point
where this frontier joins the river called Nam-Sai. It then follows the course of this
river as far as its confluence with the Biver of Sisophon, and the latter river to a
point situated 10 kilom. below the town of Aranh. Lastly, from this latter point, it
continues in a straight line to a point situated on the Dang-Reck, halfway between
the passes called Chong-Ta-Koh and Chong-Sa-Met. It is understood that this latter
line must leave in Siamese territory the direct route between Aranh and Chong-Ta-Koh.
From the above-mentioned point, situated on the crest of Dang-Reck, the
frontier follows the watershed between the basin of the Great Lake and the Mekong
on the. one side, and the basin of the Nam-Moun on the other, and touches the
Mekong below Pak-Moun, at the mouth of the Huei-Doue, in conformity with the
sketch map adopted by the last Commission of Delimitation on the 18th January, 1907.
Clause II.—From the side of Luang-Prabang, the frontier quits the Mekong, in
the south, at the mouth of the Nam-Huong, and follows the thalweg of that river as
far as its source which is situated at the Phu-Khao-Mieng. Thence the frontier
follows the watershed between the Mekong and the Menam and terminates in the
Mekong, at the point called Keng-Pha-Dai, in conformity with the sketch map
adopted by the last Commission of Delimitation of the 16th January, 1906.
Clause III.—The Commission of Delimitation arranged for in Article IV. of
the Treaty of to-day’s date shall determine and trace if necessary, on the spot, that
portion of the frontier which is described in Clause I. of the present Protocol.
If, in the course of the work of delimitation, the French Government should wish
to obtain a rectification of the frontier with a view to Substituting natural lines for
conventional lines, this rectification cannot be made, in any case, to the detriment
of the Siamese Government.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol, and have affixed their seals.
Done at Bangkok, in duplicate, the 23rd March, 1907
(Signed) V. Collin (de Plancy).
„ Devawongse Varopeakae.
Protocol concerning the jurisdiction applicable in the Kingdom of Siam to French Asiatic
subjects and protected persons, and annexed to the Treaty of the 23rd March, 1907
In fulfilment of Article V. of the Treaty of to-day’s date, the Government of the
French Republic and the Government of His Majesty the King of Siam, being
desirous of regulating the organization and working of the International Courts,
have agreed upon the following:—
Clause I.—International Courts shall be created, wherever the requirements of
justice shall make such a course necessary, after an understanding has been arrived
at between the Minister of the French Republic and the Siamese Minister for
Foreign Affairs.
Clause II.—The jurisdiction of International Courts extends:
1. In civil matters: to all civil or commercial matters in which French Asiatic
subjects and protected persons are involved.
2. In criminal matters: to infractions of every kind committed either by or
against French Asiatic subjects or protected persons.
Clause III.—In the Provinces of TJdorn and Isarn. the jurisdiction of the Inter-
national Courts shall extend provisionally to all French Asiatic subjects and protected
persons, whatever may be the date of their registration at the French Consulates.
266 ADDITIONAL TREATY BETWEEN FRANCE AND SIAM
Clause IV.—The right of removing a cause shall he exercised in accordance
with the provisions of Article XII. of the Convention of the 13th February, 1904.
This right, however, shall no longer be exercised in regard to all matters which
form the subject of Codes or Laws regularly promulgated, after the said Codes or Laws
have been communicated to the French Legation^ and have been brought into force.
An understanding shall be arrived at between the Ministry for Foreign Affairs
and the French Legation for the settlement of outstanding questions whenever the
said Codes or Laws shall come into force.
Clause Y.—All appeals against the decisions of the International Courts of
First Instance shall be communicated to the French Consul, who shall be entitled
to furnish on the subject a written opinion, which shall be added to the dossier.
The appeal must bear the signature of two European Judges.
Clause VI.—Appeal shall lie from the decisions of the Courts of Appeal.
Such appeal can be exercised on the ground of want of jurisdiction, and on account
of abuse of power, and, in general, all violations of the law.
The appeal shall be determined by the Supreme Court, or San Dika.
Clause YI1.—Before whatever Court a civil or criminal cause may be brought,
the plea of want of jurisdiction, pursuant to the rules laid down by the Treaty of
to-day’s date, must be raised before the defence on the merits.
In witness whereof the respective Plenipotentfaries have signed the present
Protocol and have attached their seals.
Done at Bangkok, in duplicate, the 23rd March, 1907
(Signed) Y. Collin (de Plancy).
„ Devawongse Yaropbakak.
Agreement regulating the regime of Concessions allotted to the Government of the French
Republic on the right bank of the Mekong, in pursuance of Article VIII.
of the Convention of the \Zth February, 1904.
Clause I.—In fulfilment of Article VIII. of the Convention of the 13th February,
1904, the Siamese Government leases to the Government General of Indo-China,
which agrees to the lease, territories exempt from all servitude, active or passive,
situated at Xieng-Khan, Nong-Khay, Muong-Saniabouri, mouth of the Nam-Khan,
Ban-Mouk-Dahan, Kenmarat and Pak-Mam.
Clause II.—The leases are made for a period of fifty years, renewable for the
same period if the Government General of Indo-China so desires.
Clause III.—The Government General of Indo-China shall pay annually to the
Siamese Government, from the 1st January, 1908, a nominal rent of 1 tical per
hectare and part of a hectare.
Clause iV.—In accordance with Article IY. of the Treaty of the 3rd October,
1893, and with Article VIII. of the Convention of the 13th February, 1904, the
Concessions are exclusively framed with a view to facilitating commercial navigation.
The following establishments can be created there:
Depots of fuel and coal.
Depots of material, such as timber, iron, bamboo, dynamite, etc.
Warehouses for goods in transit.
Quarters for passengers and for the crews of pirogues and launches.
Quarters and oflices for the staff of navigation companies and public works.
Commercial establishments, on the express understanding that there shall be no
trade in spirituous liquors, opium, arms, and ammunition.
The territory ceded is under Siamese jurisdiction, as exercised in the rest of the
kingdom in accordance with the Treaties concluded between France and Siam.
Done at Bangkok, in duplicate, the 23rd March, 1907.
(Signed) Chatidej. (Signed) Y. Collin (de Plancy).
„ Bernard. „ Devawongse.
JAPAN
TREATY OE FRIENDSHIP, COMMERCE AND
NAVIGATION BETWEEN JAPAN AND SIAM
Signed at Bangkok, 25th February, 1898
His Majesty the Emperor of Japan and His Majesty the King of Siam, being
equally animated by a desire to promote the relations of friendship, commerce and
navigation which happily exist between their respective States and subjects, have
resolved to conclude a Treaty fqr that purpose, and have named as their Plenipo-
tentiaries that is to say:
His Majesty the Emperor of Japan, Manjiro Inagaki, Shogoi, His Majesty’s
Minister Resident at the Court of His Majesty the King of Siam, and His Majesty
the King of Siam, His Royal Highness Prince Krom Luang Devawongse Yaroprakar,
Knight of the Order of Chakrakri, First Class of the Order of Rising Sun, etc.,
Minister for Foreign Affairs of His Majesty the King of Siam, who, after having
communicated to each other their respective full powers, found to be in good and
due form, have agreed upon and concluded the following Articles:—
Art. I.—There shall be constant peace and perpetual friendship between Japan
and Siam, and the subjects of each of the high contracting parties shall enjoy in
the dominions and possessions of the other full and entire protection for their
persons and property according to the established law of the country.
Art. II.—It shall be free to each of the contracting parties to appoint Consuls-
General, Consuls, Vice-Consuls and Consular Agents to reside in the towns and ports
of the dominions and possessions of the other, where similar officers of other Powers
are permitted to reside. Such Consu^s-General, Consuls, Vice-Consuls and Consular
Agents, however, shall not enter upon their functions until after they shall have been
approved and admitted in the usual form by the Government to which they are sent.
They shall enjoy all the honours, privileges, exemptions and immunities which are
or may be granted to Consuls of the most favoured nation.
Art. III.—The subjects of each of the high contracting parties may enter,
remain and reside in any part of the dominions and possessions of the other, where
the subjects and citizens of the nation most favoured in these respects are permitted
to enter, remain and reside ; they may there hire and occupy houses, manufactories
shops and warehouses, and they may there engage in trade by wholesale and retail
in all kinds of produce, manufactures and merchandise, paying no other or higher
taxes, imposts, charges or exactions of any kind than are now or may hereafter be
paid by the subjects or citizens of the most favoured nation.
In all that relates to travel, trade and residence ; to the acquisition, possession
and disposal of property of all kinds, and to the right to engage dn all kinds of busi-
ness, occupation and enterprise, the subjects of each of the contracting parties in the
dominions and possessions of the other shall at all times enjoy the treatment
accorded to the subjects or citizens of the most favoured nations.
Art. IV.—There shall be reciprocally full and entire freedom of commerce and
navigation between the dominions and possessions of the two high contracting
parties. The subjects of each of the contracting parties shall have liberty freely
and securely to come and go with their ships and cargoes to and from all places,
TREATY BETWEEN JAPAN AND SIAM
ports and rivers in the dominions and possessions of the otherr which are now or
may hereafter he opened to foreign commerce and navigation.
Art. Y.—The subjects of each of the high contracting parties shall enjoy in the-
dominions and possessions of the other a perfect equality of treatment with the subjects’
or citizens of the most favoured nation in all that relates to transit duties, ware-
housing, bounties, the examination and appraisement of merchandise and drawbacks.
Art. YI.—-No other or higher duties shall be imposed on the importation inh>
the dominions and possessions of His Majesty the King of Siam of any article, the
produce or manufacture of the dominions and possessions of His Majesty the Em-
peror of Japan, from whatever place arriving, and no other or higher duties shall be
imposed on the importation into the dominions and possessions of His Majesty the
Emperor of Japan of any article, the produce or manufacture of the dominions and
possessions of His Majesty the King of Siam, 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 pro-
duce 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 pro-
tecting the safety of persons, or of cattle, or of plants useful to agriculture.
Art. YII.—No other or higher duties, taxes, or charges of any kind shall be
imposed in the dominions and possessions of either of the high contracting parties
in respect of any article exported to the dominions and possessions of either of the
other than such as are or may be payable in respect of the like article exported to
any other foreign country; nor shall any prohibition be imposed on the exportation
of any article from the dominions and possessions of either of the two contracting
parties to the dominions and possessions of the other, which shall not equally extend
to the exportation of the like article to any other country.
Art. YIIL—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 or vessels of the most favoured nation may likewise be imported into those
ports in Siamese vessels, without being liable to any other or higher duties or charges
of whatever denomination than if such articles were imported in Japanese vessels or
vessels of the most favoured nation, and reciprocally, all articles which are or maybe
legally imported into the ports of the dominions and possessions of His Majesty the
King of Siam in Siamese vessels or in vessels of the most favoured nation, may like-
wise be imported into those ports in Japanese vessels, without being liable to any
other or higher duties or charges of whatever denomination than if such articles
were imported in Siamese vessels or vessels of the most favoured nation. Such
reciprocal equality of treatment shall take effect without distinction, whether such
articles come directly from the place of origin or from any other place.
In the same manner there shall be perfect equality of treatment in regard to
exportation, so that the same internal and export duties shall be paid and the same
bounties and drawbacks allowed in the dominions and possessions of either of the
high contracting parties on the exportation of any article which is or may be legally
exported therefrom whether such exportation shall take place in Japanese or Siamese
vessels or in vessels of a third Power and whatever may be the place of destination,
whether a port of either of the contracting parties, or of any third Power.
Art. IX.—No other higher duties or charges on account of tonnage, light or
harbour dues, pilotage, quarantine, salvage in case of damage or shipwreck or any
other local charges, shall be imposed in any ports of Japan on Siamese vessels nor
in any of,the ports of Siam on Japanese vessels than are now or may hereafter be
payable in the like cases in the same ports on national vessels in general or vessels
of the most favoured nation. Such equality of treatment shall apply reciprocally to
the respective vessels from whatever port or place they may arrive and whatever may
be their place of destination.
TEE ATT BETWEEN JAPAN AND SIAM
Art. X.-—In all that concerns the entering, clearing, stationing, loading and
unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the
dominions and possessions of the two countries no privilege shall be granted by one
country to national vessels or vessels of any third Power, which shall not be equally
granted in similar cases to vessels of the other country.
Art. XI.—Any ship of war or merchant vessel of either of the high contracting
parties which may he compelled by stress of weather, or by reason of any other dis-
tress, to take shelter in a port of the other, shall be at liberty to refit therein, to pro-
cure all necessary supplies, and to put to sea again, without paying any duties other
than such as would be payable by national vessels. In case, however, the master of
a merchant vessel should be under the necessity of disposing of a part of his cargo
in order to defray the expenses, he shall be bound to conform to the regulations and
tariffs of the place to which he may come.
If any ship of war or merchant vessel of one of the contracting parties should
run aground or be wrecked upon the coasts of the other, such ship or vessel, and all
parts thereof, and all furnitures 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, master or
their agents, when claimed by them. If such owners, master 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, master or agents
shall pay only the expenses incurred in the preservation of the property, together
with the salvage or other expenses which would have been payable in the case of a
wreck of a national vessel.
The goods and merchandise saved from the wreck shall be exempt from all the
duties of the Customs unless cleared for consumption, in which case they shall pay
the ordinary, duties.
In the case of a ship or vessel belonging to the subjects of either of the con-
tracting parties being driven in by stress of weather, run aground or wrecked in the
dominions and possessions of the other, the respective Consuls-General, Consuls,
Vice-Consuls and Consular Agents shall, if the owner or master or other agent of
the owner is not present, or is present but requires it, be authorized to interpose in
order to affoi'd the necessary ass stance to the subjects of the respective States.
Art. XII.—The vessels of war of each of the high contracting parties may enter,
remain, and make repairs in those ports and places of the other, to which the vessels
of war of the most favoured nation are accorded access; they shall there submit to
the same regulations and enjoy the same honours, advantages, privileges and
exemptions as are now or may hereafter be conceded to vessels of war of the most
favoured nation.
Art. XIII.—The high contracting parties agree that in all that concerns com-
merce, industry and navigation, any privilege, favour, or immunity which either
contracting party has actually granted, or may hereafter grant, to the Government,
subjects, citizens, ships or merchandise of any other State shall be extended immedi-
ately and unconditionally to the Government, subjects, ships or merchandise of the
other contracting party; it being their intention that the trade, industry and naviga-
tion of each country shall be placed, in all respects, by the other on the footing of
the most favoured nation.
Art. XIV.—The present Treaty shall come into force immediately after the
exchange of ratifications, and shall remain in force for ten years, and thereafter until
he expiration of a year from the day on which one or the other of the contracting
parties shall have repudiated it.
Art. XV.—The present Treaty is signed in duplicate in the Japanese, Siamese
and English languages, and in case there should be found any discrepancy between
the Japanese and Siamese texts, such discrepancy shall be decided in conformity
with the English text.
270 TREATY BETWEEN JAPAN AND SIAM
Art. XYI.—The present Treaty shall be ratified and the ratifications thereto
shall be exchanged at Bangkok as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed the same and
have affixed thereto the seal of their arms.
Done at Bangkok in sextuplicate, this twenty-fifth day of the second month of
the thirty-first year of Meiji, corresponding to the twenty-fifth day of February,
of the one hundred and sixteenth year of Ratanakosindr Sok and the eighteen
hundred and ninety-eighth year of the Christian era.
[L.S.] Manjiro Inagaki.
,, Devawongse Varoprakar.
Protocol
At the moment of proceeding this day to the signature of the Treaty of Friend-
ship, Commerce and Navigation between Japan and Siam, the Plenipotentiaries of
the two high contracting parties have declared as follows:—
I. —The Siamese Government consents that Japanese Con
exercise jurisdiction over Japanese subjects in Siam until the judicial reforms of
Siam shall have been completed; that is, until a Criminal Code, a Code of Criminal
Procedure, a Civil Code (with exception of Law of Marriage and Succession), a Code
of Civil Procedure and a Law of Constitution of the Courts of Justice will come into
force.
II. —The Japanese Government accept as binding upon J
vessels resorting to Siam the Trade Regulations and Customs Tariffs now in force
in Siam in respect of the subjects, citizens and vessels of the Powers having Treaties
with Siam.
Such Regulations and Tariffs shall be subject to revision at any time-upon twelve
months’ previous notice, on demand of either Japan or Siam.
All fines and penalties imposed for infractions of the said Regulations or of the
Treaty signed this day, shall be paid to the Siamese Government.
III. —Any controversies which may arise respecting t
execution of the Treaty signed this day or the consequences of any violation thereof,
shall be submitted, when the means of settling them directly by amicable agreement
are exhausted, to the decision of Commissions of Arbitration, and that the result of
such arbitration shall be binding upon both Governments.
The members of such Commissions shall be selected by the two Governments by
common consent, failing which each of the parties shall nominate an Arbitrator or an
equal number of Arbitrators, and the Arbitrators thus appointed shall select an
Umpire.
The procedure of the Arbitration shall in each case be determined by the con-
tracting parties, failing which the Commission of Arbitration shall be itself entitled
to determine it beforehand.
The undersigned Plenipotentiaries have agreed that this Protocol shall be sub-
mitted to the high contracting parties at the same time as the Treaty, and that
when the Treatv is ratified the agreements contained in this Protocol shall also
equally be considered as approved, without the necessity of a further formal ratification.
In witness whereof, the respective Plenipotentiaries have signed the present
Protocol and have affixed thereto their seals.
Done at Bangkok in sextuplicate, this twenty-fifth day of the second month of
the thirty-first year of Meiji, corresponding to the twenty-fifth day of February of the
one hundred and sixteenth year of Ratanakosindr Sok and the eighteen hundred and
ninety-eighth year of the Christian era.
[l.s.] Manjiro Inagaki.
„ Dsvawongse Varoprakar.
RUSSIA
DECLARATION EXCHANGED BETWEEN RUSSIA
AND SIAM
Signed at Bangkok, 23rd June, 1899
The Imperial GrOYernment of Russia and the Royal Government of Siam, being
desirous to lacilitate the relations between the two countries, have, awaiting the
conclusion of a Treaty of Commerce and Amity, agreed as follows:—
That for everything relating to jurisdiction, commerce, and navigation, Russian
subjects on Siamese territory and Siamese subjects on Russian territory shall hence-
forth enjoy, till the expiration of the present arrangement, all the rights and privileges
granted to the subjects of other nations respectively in Siam and in Russia by the
Treaties now in existence and by Treaties that may be concluded in the future.
This arrangement shall be applied by the two contracting parties from the day
of its signature and fill the expiration of six months after the day on which the one
or the other of the high contracting parties shall have denounced it.
The present declaration having been drawn up in the Russian, Siamese and
French languages, and the three versions having the same scope and the same
meaning, the French text shall be regarded as official and legal in all respects.
In faith of which the undersigned, duly authorised for that purpose, have drawn
up the present declaration, to which they have affixed their signatures and seals.
GREAT BRITAIN AND FRANCE
DECLARATION SIGNED BY GREAT BRITAIN AND
ERANCE RESPECTING SPHERES OE INELUENCE
Signed at London, 15th January, 1896
The undersigned, duly authorised by their respective G-overnments, 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
pretext, advance their armed forces into the region which is comprised in the basins
of the Petcha Bouri, Meiklong, Menam, and Bang Pa Kong (Petriou) rivers and
their respective tributaries, together with the extent of coast from Muong Bang
Tapan to Muong Pase, the basins of the rivers on which those two places are
situated, and the basins of the other rivers, the estuaries of which are included in
that coast; and including also the territory lying to the north of the basin of the
Menam and situated between the Anglo-Siamese frontier, the Mekong River, and
the Eastern watershed of the Me Ing. They further engage not to acquire within
this region any special privilege or advantage which shall not be enjoyed in common
by, or equally open to, Great Britain and France and their nationals and dependents.
These stipulations, however, shall not be interpreted as derogating from the special
clauses which, in virtue of the Treaty concluded on Oct. 3, 1893, between France
and Siam, apply to a zone of 25 kilom. on the right bank of the Mekong and to the
navigation of that river.
II. —Nothing in the foregoing clause shall hinder an
two Powers may agree and which they shall think necessary in 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 northwar
frontier the thahoeg 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
hnd dependents of each of the two countries shall not exercise any jurisdiction or
authority.within the possessions or sphere of influence of the other.
The police of the islands in this part of the river, which are separated from
the British shore by a branch of the river, shall, so long as they are thus separated,
be entrusted to the French authorities. The fishery shall be open to the
inhabitants of both banks.
IV. —The two Governments agree that all commercial
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 any
nature which may in the future be conceded in these two Chinese provinces, either
to Great Britain or France, shall, as far as rests with them, be extended and
rendered common to both Powers and to their nationals and dependents, and they
engage to use their influence and good offices with the Chinese Government for
this purpose.
THE MALAY STATES FEDERATION AGREEMENT, 1896
Agreement between the Governor of the Straits Settlements, acting on behalf
of the Government of Her Majesty the Queen, Empress of India, and the Eulers of
the following Malay States, that is to say, Perak, Selangor, Pahang, and Negri
Sembilan.
Art. I.—In confirmation of various previous Agreements, the Sultan of Perak,
the Sultan of Selangor, the Sultan of Pahang, and the Chiefs of the States which
form the territory known as the Negri Sembilan, hereby severally place themselves
and their States under the protection of the British Government.
Art. II.—The above-named Eulers and Chiefs of the respective States hereby
agree to constitute their countries a Federation, to be known as the Protected Malay
States, to be administered under the advice of the British Government.
Art. III.—It is to be understood that the arrangement hereby agreed upon
does not imply that any one Euler or Chief shall exercise any power or authority in
respect of any State other than that which he now possesses in the State of which
he is the recognised Euler or Chief.
Art. IV.—The above-named Eulers agree to accept a British Officer, to be
styled the Eesident-General, as the agent and representative of the British
Government under the Governor of the Straits Settlements. They undertake to
provide him with suitable accommodation, with such salary as is determined by Her
Majesty’s Government, and to follow his advice in all matters of administration
other than those touching the Mohammedan religion. The appointment of the
Eesident-General will not affect the obligations of the Malay Eulers towards the
British Eesidents now existing or to* be hereafter appointed to offices in the above-
mentioned Protected States.
Art. V.—The above-named Eulers also agree to give to those States in the
Federation which require it such assistance in men, money, or other respects as the
British Government, through its duly appointed officers, may advise; and they
further undertake, should war break out between Her Majesty’s Government anil
that of any other Power, to send, on the requisition of the Governor, a body of
armed and equipped Indian troops for service in the Straits Settlements.
Art. VI.—Nothing in this Agreement is intended to curtail any of the powers
or authority now held by any of the above-named Eulers in their respective States,
nor does it alter the relations now existing between any of the States named and
the British Empire.
OPIUM AGREEMENT BETWEEN GREAT BRITAIN
AND PORTUGAL
Signed at London, June 14th, 1913
In pursuance of the conclusions of the International Opium Conference, and in
consideration of the fact that the geographical situation of the colonies of Macao and
Hongkong makes it necessary to regulate in a similar way the opium monopolies in
the said colonies in all matters concerning the restriction of the consumption, sale,
and exportation of prepared opium and repression of smuggling;
274 OPIUM AGREEMENT BETWEEN GREAT BRITAIN AND PORTUGAL
The undersigned, duly authorised thereto by their respective Glovernments, have
agreed to the following Articles:—
Art,. I.—The Government of the Portuguese Republic, whilst reserving the right
of managing and controlling the manipulation of raw opium and the sale of prepared
opium in the Colony of Macao, engage to introduce in the opium regulations of that
Colony clauses and provisions similar to those contained in the regulations of Hong-
kong relative to the repression of the illicit trade in prepared opium.
A rt. II.—The Macao Opium Parmer will hot be permitted to import more than
260 chests of opium (a chest means 40 balls of raw opium) per annum exclusively
destined for the consumption of the fixed and floating population of Macao.
Art. III.—The Hongkong Opium Farmer will not be permitted to import more
than 540 chests per annum. These imports shall be exclusively destined for the con-
sumption of the fixed and floating population of Hongkong. These figures are em-
bodied in the contract recently concluded with the Hongkong farmer.
Art. IY.—The farmers of Macao and Hongkong will be permitted to import,
per annum, respectively, 240 and 120 chests of raw opium exclusively destined for
exportation to countries which have not prohibited at present or which shall hot
prohibit hereafter such imports of opium.
Art. Y.—The limit fixed in the preceding Article for Hongkong must be con-
sidered a definite one and not subject to alteration; however, it is understood that
in Macao power will be retained to increase the number of chests of raw opium im-
ported each year and destined for exportation, provided that proof is given that the
said imports are destined to meet the requirements of lawful trade. For this pur-
pose the farmer shall produce to the Governor of Macao Customs certificates passed
by the authorities of countries importing the opium showing that the quantities
authorized are required for legitimate purposes, over and above the 240 chests
referred to in Article 4.
Art. YI.—The Governor of Macao will have power to grant licences under the-
{receding Article for the importation of the quantities of raw opium exceeding the
imit fixed in Article IV.
Art. VII—Whereas the limit of chests of raw opium that can be imported
annually into Macao has been fixed in Articles II., IV., and V. of this Agreement,
the Government of India will permit the purchase of opium in open market at the
sales at Calcutta or Bombay or any places in India, for export to Macao, up to and
not exceeding the limits and conditions so fixed, so long as the Opium Farmer at
Hongkong is permitted to obtain his supplies from this source.
Art. VIII.—Raw opium coming from India, consigned to the farmer of Macao,
within the limits and conditions above indicated, will be allowed transhipment at
Hongkong free of duty or taxation.
Art. IX.—It is understood that if after periods of five years (the duration of
the contracts of the farmer) the numbers of chests agreed upon for local consump-
tion at or export from Macao should respectively prove to be excessive, the Portu-
guese Government will consider the desirability of revising the amount in question.
The present agreement shall remain in force for a period of ten years, but may
be terminated by either Government at any time on giving to the other twelve
months’ notice of its intention to do so. On the expiration of the said period of ten
years it shall continue in force, unless and until a similar notice of termination is
given by either Government.
(Signed) E. Gkey.
„ P. de Tovar.
TREATY PORTS, PORTS OF CALL, AND PLACES OPEN
TO FOREIGN TRADE IN THE FAR EAST
[Note.—E.O. signifies “ effectively opened.”]
I.—CHINA.
O) 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, ISJO ; Shimonoseki, 1895).
Dairen (Dalny) (by Japan, E.O. September 1, 1906).
Fakumen (Japanese Treaty, 1905, E.O. September 10, 1906).
Feng Huang Cheng (Sino-Japanese Treaty, 1905; actually opened, June 28,1907).
Foochow (Nanking, 1842).
Hailar (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).
Hangchow (Shimonoseki, 1895).
Hankow (Tientsin, 1858, E.O. 1861). 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 (leased to Germany, 1898).
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, modifyingBurmahConvention, 1894).
Kongmoon (Shanghai Treaty, 1902).
Kowloon, port of entry for Canton.
Kuang-chouwan (leased to France).
Lappa, port of entry for Canton.
Liao Yang (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907
Lungchow (French Treaty, 1886).
Mandchourie (Manchuli) (Japanese Treaty, 1905, E.O. January 14, 1907).
Mengtze (French Treaty, 1886).
Mukden (Unifed 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).
ab Hankow
Tangchowandis Kiukiang
the port named
were in the Treaty,
selected, but Chefoowith
byArticle
arrangement is thetheportChinese
actuallyGovernment,
opened. in
November, 1860, as ports to be opened
c Yingkow is the port of Newchwang. under X, of the Treaty of Tientsin.
276 FOREIGN TRADE IN THE FAR EAST
Sanhs'mg (Sino-Japanese Treaty, 1905 ; actually opeue J, June 28, 1907).
Santuao (or Funing; (Imperial Decree, 1898).
Shanghae (Nanking', 1842’.
Shashi (Shinmnoseki, 1895). ,
Sinmintinj (Japanese Treaty, 1905, E.O. October 10, 1908).
Sooehow (Shimunoseki, 1895).
Swatow (or Chac-Chow) Tientsin, 1858, E.O. 1860). a
Szemao (French Additional Convention, 1895).
Ta-tuug-kou (Japanese Treaty, 1903).
Tengyueh (Mome n) (Agreement of 1897, modifying Burmah Convention 1894),
Tiehling (Japanese Treaty, 1905, E.O. September 10, 1906).
Tientsin (Peking, I860).
Tsi-tsi-har (Japanese Treaty, 1905. E.O. January 14, 1907).
Tungchiangtzu (Japanese Treaty, 1905, E.O. September 10, 1906).
AVeihaiwei (leased to Great Britain).
AVei-hsien (Imperial Decree, 1904, E.O. January 20, 1906).
AVenchow (Chefoo, 1876, E.O. 1877).
AVuchow (Special Article, 1897, modifying Burmah Convention, 1894).
AVuhu (Chefoo, 1876, E.O. 1£77).
Wusung (Imperial Decree, 1898).
ATochow (Imperial Decree, 1898).
(6) Ports of call:—
(1.) On the Yang-tsze, for passengers and cargo—
Ho-kou (Chefoo Convention, 1876).
Luchikou (Chefoo Convention, 1876).
Nganking (Anking) (Chefoo Convention, 1876).
Tatung (Chefoo Convention, 1876).
AVu-Sueh (Chefoo Convention, 1876).
(2.) On the Yang--tsze, for passengers—
Hwangchow (Yang-tsze Regulations, 1898).
Hwang-tze-kang (Yang-tsze Regulations, 1898).
I-chang b (Yang-tsze Regulations, 1898).
Kiang-yin (Yang-tsze Regulations 1898).
(3.) On the West River, for passenger and cargo—
Do-Sing c d (by Shanghae Treaty, 1902).
Komchuk (Burmah Convention, 1897).
Lo-ting hau (by Shanghae Treaty, 1902). d
Pak-tau hau (by Shanghae Treaty, 1902). d
Shiu-hing (Burmah Convention, 1897).
Takhing (Burmah Convention, 1897).
(4.) On the West River, for passengers—
Fung-chuen (Shanghae Treaty, 1902). d
How-lik (Shanghae Treaty, 1902). c d
Ivau Kong (Shanghae Treaty, 1902). c d
Kulow (Shanghae Treaty, 1902). d
Luk Pu (Shanghae Treaty, 1902). c d
Luk To (Shanghae Treaty, 1902). c d
Mah-ning (Shanghae Treaty, 1902). c d
Wing-on (Shanghae Treaty, 1902). d
Yuet Sing (Shanghae Treaty, 1902). c
Yungki (Shanghae Treaty, 1902). c d
ab Not
Chao-Cfrow is the portwith
to beforconfounded named in thetheTreaty.
Ichang, Treaty
of Hisdc Opened
Majesty’s passenger traffic
Consul-General in January,
prior 1903, byofport.
to20,ratification the Viceroy of Canton, at the suggestion
Treaty.
Canton Consulate reported,
by Customs notification of March 1,1904.June 1904, by telegram that all had been declared open
FOREIGN TRADE IN THE FAR EAST 277
II.—JAPAN
(a.) Treaty ports:—
Hakodate.. opened in 1859 Hiogo opened in 1868*
Nagasaki opened in 1859 Osaka b opened in 1868
Yokohama or Kanagawa ..opened in 1859 Niigata b (or Ebisumi-
Tokio a opened in 1867 nato) opened in 1869'
(6.) Ports in Formosa opened to subjects of Powers having Commercial
Treaties with Japan for residence and trade:—c
Anping opened in 1896 I Tamsui rn opened ini qq^1896.
Keelung opened^ in i1896 Tainan (or Taiwan-foo) (opened in 1896 ;
Takao opened in 1896 to foreign vessels and their cargo only).
(c.) Opened with a proviso as to closing at three months’notice:
Opened in Opened in
Shimizu d (Province of Suruga) ...1899 Miyazu d (Province of Tango) 1899
Taketoyo d (Province of Owari) ...1899 Tsuruga d (Province of Echizen) ... 1899
Nagoya e’ (Province of Owari) 1907 Nanaod (South Bay) (Province of
Yokkaichi d (Province of Ise) 1899 Noto) 1899
Shimonoseki d (Province of Nagato)1899 Fushikid (Province of Etchu) 1899
Moji d (Province of Buzen) 1899 Otaru d (Porvince of Shiribeshi) ..1899
Hakata d (Province of Chikzen) ... 1899 Kushirod (Province of Kushiro) ...1899
Karatsud (Province of Hizen) 1899 Muroran/ h (Province of Iburi) ... 1899
Kuchinotsud (Provime of Hizen)..1899 Itozaki (Province of Bingo) 1900
Misumid (Province of Higo) 1899 Wakamatsu i (Province of Chikuzen) 1904
Izuharad (Island of Tsuhima) 1899 Shishimid (Island of Tsushima) ...1899
Sasunad (Island of Tsushima) 1899 Nahad (Loochoo Islands) 1899
Hamada d (Province of Iwami) ... 1899 Suminoye^ (Province of Hizen) ...1906
Sakai d (Province of Hoki) 1899 Awomori/ g (Province of Mutsu) ... 1906
a These
Tokio was never a shipping port,XI.butof simply a placeof open to foreignfrom
tradetheandcategory
residence.of
portscb Opening
betweenports which arecoasting
under Article
trade is permittedthe Treaty
to British 1894 excluded
vessels.
Articlebynotified
July,d“ 1899), 3which by departmental
of Imperial
theand Ordinance
opening
notice
No.ports
of these
issued
342 by Foreign
(published
was notified,
Office
inreads in Tokio
“Official (February,
Gazette”
as follows.-— of the1896).
13th
When the
any two imports
years in exports
succession dotogether
not reachat any
the of
value theof ports
50,000 mentioned
yen they in
shallArticle
be 1 for
closed.
. new “ports
Whenareinestablished
cases where,in the
in consequence
vicinity ofasanyofan the thedevelopment
ofopen of communications,
portsisenumerated in Article 1,
itthemayfurther
“The be maintenance
closed,
date of the
of any such
notwithstanding
closing the
shall
port,
provisions
be notified of the
three
port, considered
preceding
months clause. unnecessary,
beforehand by the
e Minister
Opened by of Finance.”
Imperial Ordinance No. 330
October, 1907),
/ TheGrains underarticles
following same conditions
only may asbe ports
importedunderat 4.the ports of Muroran and Awomori:—28th
(published in “Official Gazette” of the
Beverages and seeds.
andTariff
comestibles (articles in Group 3 of the Import Tariff attached to the
Sugar, Customs
confectionery, Law).
and sweetmeats (articles included in Group 4 of the said Tariff).
Furs. and skins (articles included in Group
Hides 6, No. 66 of the above-mentioned Tariff).
Oils, fats, and waxes.
Iron—T, angle, and the like.
Bolts,Rails
Materials
andwashers,
nuts,for fishplates
bridging
for and
rivets, rails.dogspikes (all made of iron).
and building (made of metal).
Mechanics’
Locomotives, tools, and
locomotive agricultural
tenders, implements
and and parts thereof.
partsandthereof.
Railway passenger
Duty freeexempted
articles. cars, freight waggons, parts thereof.
Articles
Tariff Law). from import duty (articles included in Article 7 of Customs-
.278 FOREIGN TRADE IN THE FAR EAST
• (d.) Ports in Formosa and the Pescadores open, for the present, only to junk
traffic :—k
(1.) Formosa—? '
Opened in Opened in
Gosei (or Tokaku) m Taichu Kiuko (or Kiukong) Taihoku Pre-
Prefecture ' 1899 fecture 1899
Koro (or Oulong) Taichu Pre- Toko (or Tongkong), Tainan Pre-
fecture 1899 fecture 1899
JRokko (or Lukong) Taichu Pre- Tosekiko (or Tonch'o), Tainan
fecture 1899 Prefecture 1899
(2.) The Pescadores—
Makiu (or Makung), opened i 1899.
III.—COREA
Treaty ports:—
Chemulpo (opened 1880 under Japanese Treaty 1876).
Chinnampo (opened October 1, 1897).
Chungchin (opened April 1, 1908).
Fusan (Japanese Treaty, 1876).
Kansan (May 1, 1899).
Masampo (May 1, 1899).
Mokpo (October 1, 1897).
Seoul (Hanyang) (British Treaty, 1883).
Songchin (May 1, 1899).
Wonsan (or Gensan) (opened 1880 under Japanese Convention, 1879).
Ping-yang (held to be open by Agreement among foreign Representatives
at Seoul, November, 1899).
Yang-wha-chin (opened 1883 under Japanese Convention, 1882).
Yongampo (date of opening not yet fixed).
Wiju (date of opening not yet fixed).
N.B.—Though the opening of the ports of Yongampo and Wiju has not yet
> been officially announced, the Customs opened offices at these ports in July, 1906,
and foreign steamers call there without objection on the part of the authorities.
IV.—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
h At Tinplates,
the port ofironMuroran
tubes, all
solder.
■the exception
i AtFresh of those prohibited
the porteggs.of Wakamatsu the byarticles
Articlemay be theimported
following10 ofgoods Customs
may
afterTariff
the Law.
be imported:—
1st December, 1907, with
Rice,
Iron unhulled rice, barley, wheat, oats, Indian corn and beans.
ore.
Pig iron.
And fromManure.
the 1st
Coke, December,ore,1907:—
manganese ferro-manganese,
jk AtOpening
the Port of Suminoye
notified by (or
Decreeonlyof the ofandcommodities
spiegleisen.is permitted.
export Government,
Formosan datedinAugust, 1899.closed from the
I
1st July,The Port
1907, of
by Kakoko
Decree of Hokkokei),
Formosan opened
Government, with theMay,
dated others1907, 1899, was
m Thein the
-the port namePescadores,
in bracketsis the
in this
localcase, as in name
Chinese the case of each
of the port ofin the ports of Formosa and of
question.
THE FOREIGN JURISDICTION ACT, 1890
53 and 54 Victoria, Chapter' 37
An Act to Consolidate the Foreign Jurisdiction Acts
[4tli August, 1890]
Whereas by treaty, capitulation grant, usage, sufferance, and other
lawful means, Her Majesty the Queen has jurisdiction within divers
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 Parhament assembled, and by the
authority of the same, as follows :
1. —It is and shall be lawful for Her Majesty the Queen to hold, Exer
exercise, and enjoy any jurisdiction which Her Majesty now has or may ioJeign country,
at any time hereafter have within a foreign country in the same and as
ample a manner as if Her Majesty had acquired that jurisdiction by the
cession or conquest of territory.
2. —Where a foreign country is not subject to any government from Exe
whom Her Majesty the Queen might obtain jurisdiction in the manner ^ri^ish^uhjeJts1
recited by this Act, Her Majesty shall by virtue of this Act have jurisdic- ^countries ^
tion over Her Majesty’s subjects for the time being resident in or resort- governments,
ing to that country, and that jurisdiction shall be jurisdiction of Her
Majesty in a foreign country within the meaning of the other provisions
of this Act.
3. —Every act and thing done in pursuance of any jurisdiction of Her Val
Majesty in a foreign country shall be as valid as if it had been done o“jutisdic-
according to the local law then in force in that country. tion.
4. —(1.) If in any proceeding, civil or criminal, in a Court in Her Evid
Majesty’s dominions or held under the authority of Her Majesty, any eitenTof j°uris-
question arises as to the existence or extent of any jurisdiction of Her diction in foreign
Majesty in a foreign country, a Secretary of State shall, on .the application oou“try'
of the Court, send to the Court within a reasonable time his decision on
the question, and his decision shall for the purposes of the proceeding
be final.
(2.) The Court shall send to the Secretary of State, in a document
under the seal of the Court, or signed by a Judge of the Court, questions
framed so as properly to raise the question, and sufficient answers to
those questions shall be returned by the Secretary of State to the Court,
and those answers shall, on production thereof, be conclusive evidence of
the matters therein contained.
5. —(1.) It shall be lawful for Her Majesty the Queen in Council, Po
if she thinks fit, by Order to direct that all or any of the enactments ^rst’schedule,
described in the First Schedule to this Act, or any enactments for the
time being in force amending or substituted for the same, shall extend,
with or without any exceptions, adaptations, or modifications in the
Order mentioned, to any foreign country in which for the time being
Her Majesty has jurisdiction.
FOREIGN JURISDICTION ACT, I8S0
(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.
Power to send a 6.—(1.) Where a person is charged with an offence cognizable by
wlthoffences^for British
» British charged
from Hertocourt in a foreignbehalf
Majesty country, any byperson having authority derivedso
possession. be sent inforthat
trial to anymay, warrant,
British possession cause thetime
for the person
being
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 iu 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:
(6.) In such case the British court in the foreign country shall
proceed in the examination and cross-examination of the witness
as though he had been tendered at a trial before that court, and
shall cause the evidence so taken to be reduced into writing,
and shall transmit to the criminal court of the British possession
by which the person charged is to be tried a copy of the evidence,
certified as correct under the seal of the court before which the
evidence was taken, or the signature of a judge of that court:
(c.) Thereupon the court of the British possession before which the
trial takes place shall allow so much of the evidence so taken as
would have been admissible according to the law and practice
of that court, had the witness been produced and examined at
the trial, to be read and received as legal evidence at the trial:
(d.) The court of the British possession shall admit and give effect
to the law by which the alleged offender would have been tried
by the British court in the foreign country in which his offence
is alleged to have been committed, as far as that law relates to
the criminality of 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
P n
and punished within Her Majesty’s dominions, or any part thereof.
iace
ment of
of unish
persons ^' Where
country has beenan offender convicted beforetoasuffer
Britishdeath,
courtpenal
in a foreign
convicted. imprisonment, or sentenced
any other bypunishment,
that court the sentence shall beservitude,
carried
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 281
8. Where, by Order in Council made in pursuance of this Act, any
British court in a foreign country is authorised to order the removal or sSr-
deportation of any person from that country, that removal or deportation,
and any detention for the purposes thereof, according to the provisions
of the Order in Council, shall be as lawful as if the order of the
court were to have effect wholly within that country.
9. It shall be lawful for Her Majesty the Queen in Council, by
Order, to assign to or confer on any court in any British possession, or
held under the authority of Her Majesty, any jurisdiction, civil or criminal,
original or appellate, which may lawfully by Order in Council be assigned
to or conferred on any British court in any foreign country, and to
make such provisions and regulations as to Her Majesty in Council seem
meet respecting the exercise of the jurisdiction so assigried or conferred,
and respecting the enforcement and execution of the judgments, decrees,
orders, and sentences of any such court, and respecting appeals therefrom.
10. It shall be lawful for Her Majesty the Queen in Council to revoke
or vary any Order in Council made in pursuance of this Act. °E~
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 it
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
effect of any such Act, it shall be read subject to that Act, order, or
regulation, and shall, to the extent of such repugnancy, but not otherwise,
be void.
(2.) An Order in Council made in pursuance of this Act shall not be,
or be deemed to have been, void on the ground of repugnancy to the
law of England unless it is repugnant to the provisions of some such
Act of Parliament, order, ©r regulation as aforesaid.
13. —(J.) An action, suit, prosecution, or proceeding Provisions foragainst any
person for any act done in pursuance or execution or intended protection of
execution of this Act, or of any enactment repealed by this Act, or of any acting under
Order in Council made under this Act, or of any such jurisdiction of Her foreign Jurisdie*
Majesty as is mentioned in this Act, or in respect of any alleged neglect
or default in the execution of this Act, or of any such enactment, Order
in Council, or jurisdiction as aforesaid, shall not lie or be instituted:
(a.) in any court within Her Majesty’s dominions, unless it is
commenced within six months next after the act, neglect, or
default complained of, or in case of a continuance of injury or
damage within six months next after the ceasing thereof, or
where the cause of action arose out of Her Majesty’s dominions
within six months after tiie 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
(2.)—In any such action, suit, or proceeding, tender of amends before
the same was commenced may be pleaded in lieu of or in addition to any
other plea. If the action, suit, or proceeding was commenced after such
tender, or is proceeded with after payment into court of any money in
satisfaction of the plaintiff’s claim, and the plaintiff does not recover
more than the sum tendered or paid, he shall not recover any costa
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,
jurisdiction ma e14.—It shall be lawful for Her Majesty the Queen in Council to
ta^Eastemseas! subjects ^ anVbeing
law that
in anymayvessel
seematmeet for the ofgovernment
a distance of Her
not more than oneMajesty’s
hundred
miles from the coast of China or of Japan, as fully and effectual as any
such law might be made by Her Majesty in Council for the Government
of Her Majesty’s subjects being in China or in Japan.
Provision0 as1 11to1 15.—Where any Order in Council made in pursuance of this Act
-Princes. ” ’ * ' extends to persons
shall include enjoying
all subjects Herseveral
of the Majesty’s
Princesprotection,
and Statesthatin India.
expression
16.—In this Act,—
Definitions. The expression “ foreign country ” means any country or place out
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.
Power to repeal 17.—The Acts mentioned in the Second Schedule to this Act may
Secoud'Scte'duie. be revoked or varied by Her Majesty by Order in Council.
Sepeai. 18.—The Acts mentioned in the Third Schedule to this Act are
hereby repealed to the extent in the third column of that schedule
mentioned: Provided that,—
(1) Any Order in Council, commission, or instructions made or
issued in pursuance of any enactment repealed by this Act, shall,
if in force at the passing of this Act, continue in force, until
altered or revoked by Her Majesty as if made in pursuance of
this Act ; and shall, for the purposes of this Act, be deemed
to have been made or issued under and in pursuance of this
Act ; and
(2) Any enactment, Order in Council, or document referring to any
enactment repealed by this Act shall be construed to refer to
the corresponding enactment of this Act.
short title. 19.—(1.) This Act may be cited as the Foreign Jurisdiction Act,
1890.
{2.) The Acts whereof the short titles are given in the First Schedule
to this Act may be cited by the respective short titles given in that
schedule.
FOREIGN JURISDICTION ACT, ]890
SCHEDULES
FIRST SCHEDULE (Sections 5 and 19)
| Enactments
MAY BE EXTENwhich
and Chapter. by Council.
Order inDED ! Short Title.
Ansecution
Act to provide
Majesty’s and Trial
Colonies
for the
of Her The whole Act. Admiralty
in Pro-
Offences
(Colonial)Offences
Act,
committed
diction within the juris-
14 & 15 Yict. C..99. Anevidence.Act toof amend
the Admiralty.
the law of Sections eleven. seven and | Evidence Act, 1851.
17 & 18 Viet. c. 104. The Merchant Shipping Act, Part X.
19 & 20 Viet. c. 113. An.1854. Act to provide
evidence taking The whole Act. jI Foreign
Her forMajesty’s
inin relation Evidence Tribunals
Act,
Dominions
and commercial rnatters topend-
civil 1856.
ing before Foreign tribunals.
i| Anevidence
Act to inprovide
ings pending Suits
beforeandforTribunals
taking The whole Act.
Proceed- Evidence by Com-
mission Act, 1859
in Her
j] intionplacesMajesty’s
out of Dominions,
the jurisdic-
oftosuchafford
22 & 23 Viet. c. 63. |I AntheActmore tribunals.
Facilities for The whole Act. jJ British Law Aseer-
j| inment of the certain
Law Ascertain-
administered tainment Act,
one
Dominions,Part of
whenHer Majesty’s
pleaded in
the Courts of another Part
thereof.
i| AnturesActoftoHerenable the Legisla-
Majesty’s Posses- The whole Act. J AdmiraltyfColonial)Offences-
Act*
1 sionsments
ment
Abroad
similar totomake
of the Actchapter the Enact-
Enact-
ninth, George
the
one,ActFourth,
section eight.facilitiesthirty-
L & 25 Viet. c. 11. Anthe to
better afford
Ascertainment forof The whole Act. Foreign Law Ascer-
tainment Act,
the
when Law of
pleaded Foreign
in Countries
Courts with- 1861.
ISO124.& 31 Viet. c. Thein1867. Her Majesty’sShipping
Merchant Dominions. Act, Sceton elieven.
87 & 38 Viet. c. 94. TheAct,Conveyancing
1874. Offenders Act, Section
(Scotland) fifty-one.
44 & 45 Viet. c. 69. The1881.Fugitive The whole Act.
48 & 49 Viet. c. 74. The•Act,Evidence
1885. by Commission The whole Act.
.284 FOREIGN JURISDICTION ACT, 1890
SECOND SCHEDULE (Section 17)
Acts which may he revoked or varied by Order in Council
Session and Chapter. j Extent of Repeal.
24 & 25 Yict. c. 31. An ofActoffences
for thecommitted
preventionbyandHerpunishment
Majesty’s !; The whole Act.
subjects within
centforto the certain
colony territories
of Sierra adja-
Leone. jI The whole Act.
5 & 27 Viet. c. 35. An Act
ofsubjects thecommitted
offences preventionbyandHerpunishment
Majesty’s
in South Africa.
THIRD SCHEDULE (Section 18)
Enactments repealed
Title or Short Title. Extent of Repeal.
TheActForeign
An Jurisdiction
to confirm an OrderofAct,injurisdiction
1843. con-
Council
. cerning
matters the exercise
arising within the kingdom inof
Siam.
The Foreign Jurisdiction Act Amendment The whole Act.
28 & 29 Viet. c. 116
29 & 30 Viet. c. 87 TheAct,
Act,
1865.Jurisdiction
Foreign
1866. Act Amendment The whole Act.
33 & 34 Viet. c. 55 Thediction
Siam and Straits
1870. Act, 1875. Juris-
Act,JurisdictionSettlements The whole Act.
3839 && 4039 Viet.
Viet. c.c. 4685 The Foreign
An offences
Act for against
more effectually punishingto
the laws relating
41 & 42 Viet. c. 67 ThetheI'oreign
slave trade.
Jurisdiction Act, 1878. The whole Act.
ORDERS IN COUNCIL
OKDER OF HIS MAJESTY THE XING IN COUNCIL
FOR THE GOVERNMENT OF HIS MAJESTY’S
SUBJECTS IN CHINA AND COREA
.At the Court at Buckingham Palace, the 24th day op October, 1904
Present :—
THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.
Lord President. Lord Windsor.
Mr. Secretary Brodrick. Mr. A. Graham Murray.
Whereas by Treaty, grant, usage, sufferance, and other lawful means,
His Majesty the King has j urisdiction within the dominions of the Emperor
of China and of the Emperor of Corea;
Now, therefore, His Majesty, by virtue and in exercise of the powers
in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His
Majesty vested, is pleased by and with the advice of his Privy Council to
order, and it is hereby ordered, as follows:—
I.—Preliminary and General.
1. This Order is divided into parts, as follows:— Division of
Order.
I. Preliminary and General 1-6
II. Constitution and Powers of Courts 7-34
III. Criminal Matters 35-88
IV. Civil Matters 89-117
V. Procedure, Criminal and Civil 118-128
VI. Mortgages and Bills of Sale... 129-150
VII. Foreign Subjects and Tribunals 151-154
VIII. Regulations 155-159
IX. Miscellaneous... 160-171
Schedule erf Repealed Orders.
2. The limits of this Order are the dominions of the Emperor of Limits o
China and of the Emperor of Corea, including the territorial waters of °rrler‘
those dominions respectively ; but, except as provided in this Order, the
said limits do not include places within the limits of the Weihaiwei
Order in Council, 1901.
286 ORDERS IN COUNCIL
interpreca-
tion. sions3.have
In the
theconstruction of thisassigned
meanings hereby Order the following
to them, words
unless thereandbeexpres-
some-
thing in the subject or context repugnant thereto, that is to say:—
“Administration” means letters of administration, including the
same with will annexed or granted for special or limited purposes
or limited in duration.
“ British ship ” means a merchant-ship being a British ship within
the meaning of the Merchant Shipping Act, 1894, and includes
any ship provided with sailing letters from the Governor of
Hongkong, or from His Majesty’s Minister in China or Corea.
“British possession” means any part of His Majesty’s dominions
exclusive of the United Kingdom.
“ British subject ” includes a British protected person, that is to say,
a person who either (a) is a native of any Protectorate of His
Majesty, and is for the time being in China or Corea; or (b) by
virtue of Section 15 of the Foreign Jurisdiction Act, 1890, or
otherwise enjoys His Majesty’s protection in China and Corea.
“ China” means so much of the Empire of China as is within the
limits of this Order.
“Consular district ” means the district in and for which a Consular
officer usually acts, or for which he may be authorized to act,
for all or any of the purposes of this Order by authority of the
Secretary of State.
“ Consular officer” means a Consul-General, Consul, Vice-Consul
Consular Agent, or Pro-Consul of His Majesty resident in China
or Corea, including a person acting temporarily, with the
approval of the Secretary of State, as or for a Consul-General,
Consul, Vice-Consul, or Consular Agent of His Majesty so
resident.
“ Commissioned Consular officer ” means a Consular officer holding
a commission of Consul-General, Consul, or Vice-Consul from
His Majesty, including a person acting temporarily, with the
approval of the Secretary of State, or of His Majesty’s Minister
in China or Corea, as or for such a commissioned Consular
officer.
“Consulate” and “Consular office” refer.to the Consulate and
office of a Consular officer.
“ The Court,” except when the reference is to a particular Court,
means any Court established under this Order, subject, however,
to the provisions of this Order with respect to powers and local
jurisdictions.
“ Foreigner ” means a subject or citizen of a State in amity with
His Majesty, including China and Corea.
“ Judge,” except where the context intends a reference to the Judge
of the Supreme Court only, includes Assistant Judge, and,
except where the context intends a reference in the Supreme
Court only, includes the officer for the time being holding a
Provincial Court.
“Legal practitioner” includes barrister-at-law, advocate, solicitor.
Writer to the Signet, and any person possessing similar
qualifications. •
“ Lunatic ” means idiot or person of unsound mind.
“ Master,” with respect to any ship, includes every person (except a
pilot) having command or charge of that ship.
“Minister” means His Majesty’s Minister in China or in Corea, as
the case may be, and includes Charge d’Affaires or other chief
Diplomatic Representative.
H.B.M. SUBJECTS IN CHINA AND CORE A 287
“ Montli ” means calendar month.
“ Oatli ” and “ affidavit,” in the ca-e of persons for the time teing
allowed by law to affirm or declare, instead of swearing, include
. affirmation and declaration, and the expression “ swear,” in the
like case, includes affirm and declare.
“Offence” inedudes 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
41 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 Govern-
ment, whether the Government of China or of Corea is a party
thereto or not.
“ Will ” means will, codicil, or other testamentary instrument.
Expressions used in any rule*, regulations, or orders made under this
Order shall, unless a contrary intention appears, have the same respective
meanings as in this Order.
4. —(1) In this Order, words importing the plural or the singular
may be construed as referring to one person or thing, or to more than °:mst'ri,c 10,1
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 maybe exercised and the
dnty shall be performed from time to time as occasion requires.
(3) Where this Order confers a power, or imposes a duty on, or
with respect to, a holder of an office, as such, then, unless a contrary
intention appears, the power may be exercised and the duty shall be per-
formed by, or with respect to, the holder for the time being of the office
or the person temporarily acting for the holder.
(4) Where this Order confers a power to make any rules, regulations,
or orders, the power shall, unless a contrary intention appears, be construed
as including a power exercisable in the like manner and subject to the
like consent and conditions, if any, to rescind, revoke, vary, or amend
the rules, regulations, or orders.
(5) This Article shall apply to the construction of any rules, regula-
tions, or orders made under this Order, unless a contrary intention appears.
5. The jurisdiction conferred by this Order extends to the persons Extent of^
and matters following, in so far as by Treaty, grant, usage, sufferance, or ',un lc 10“'
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.
288 OEDEES IN COUNCIL
.(3) Foreigners in the cases and according to the conditions specified.!
in this Order and not otherwise.
(4) Foreigners, with respect to whom any State, King, Chief, or
Giovermnent, 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.
Exercise of
Jurisdiction. 6. All His Majesty’s jurisdiction exercisable in China or Corea for
the hearing and determination of criminal or civil matters, or for the-
maintenance of order, or for the control or administration of persons or
property, or in relation thereto, shall be exercised under and according to
the provisions of this Order, and not otherwise.
II.—Constitution and Powers op Courts.
(i) Supreme Court.
Constitution
of Supreme 7. —(1) There shall
Court. Supreme Courl for China and Corea” (in this Order referred to as the-
Supreme Court, and comprised in the term “the Court”).
(2) Subject t<> the provisions of this Order, there shall be a Judge, and
as many Assistant Judges of the Supreme Court as may irom nine to
time be required, who shall respectively be appointed by His Majesty bjr
warrant under His Royal sign manual.
Every Judge shall be at the time of his appointment a member of
the Bar 1of England, Scotland, or Ireland, of not less than seven years’"
standing .
(3) The Judges, or any two of them, shall sit together for the pur-
poses described in this Order, and the Supreme Court so constituted is
hereinafter in this Order referred to as the “ Full Court.”
(4) When the Full Court consists of not more than two Judges, and
there is a difference of opinion, the opinion of the Judge, or, in his absence,,
the Senior Assistant Judge, shall prevail.
(5) Subject to any Rules of Court, the Judge shall make any such
arrangements as he thinks fit for the distribution of the business of the
Court.
(6) If the Chief Justice in office at the passing of this Order becomes
the Judge of the Supreme Court under this Order, he shall retain the title
of Chief Justice during his tenure of office.
Acting Judge, 8. During a vacancy in the office of Judge, or in case of the illness or
incapacity of the Judge, or of his absence from the district of the Consul-
ate of Shanghai, the Secretary of State may appoint a fit person to act as
Judge, but unless or until such appointment is made, the Assistant Judge
or Senior Assistant Judge shall act as Judge.
An Acting Judge shall, during the continuance of his appointment,
have all the power and authority of the Judge.
Acting
ant Judge.Assist- 9. During a vacancy or temporary vacancy in the office of Assistant
Judge, or in case of the absence, or illness, or other incapacity of an
Assistant Judge, the Judge may, by writing under his hand and the seal
of the Supreme Court, appoint any fit person, approved by the Secretary
of State, or by His Majesty’s Minister in China, to act as and for such
Assistant Judge for the time therein mentioned or during the vacancy,
as the case may be; but every such appointment shall be revocable, at
pleasure, by the Judge, by writing under his hand and the seal of the
Supreme Court, or by the Secretary of State.
H.B.M. SUBJECTS IN CHINA AND COEEA
The person so appointed shall, during the continuance of his appoint-
ment, have all the power and authority of an Assistant Judge.
10. The Secretary of State may appoint either a person qualified as Additional
provided in Article 7, or a Consular officer to act as an additional Assis- Assistant
tant Judge, and any person so appointed shall, during the continuance of
his appointment, have all the power and authority of an Assistant Judge.
11. The Supreme Court shall have a seal, bearing the style of the Seal of
Court and such device as the Secretary of State approves, but the seal in Supreme
use at the commencement of this Order shall continue to be used until a
new seal is provided. „
12. —(1) There shall be attached to the Supreme Officers Courtof a Sheriff, a
Crown Advocate, a Registrar, a Chief Clerk, a Marshal, and such other Supreme
officers and clerks under such designations as the Secretary, of State Court.
thinks fit.
(2) The Secretary of State, or,His Majesty’s Minister in China or
Corea, as the case may be, may temporarily attach to the Supreme Court
such persons, being Consular officers, as he thinks fit.
(3) Every officer, clerk, and other person thus attached shall dis-
charge such duties in connection with the Court as the Judge may direct,
subject to any instructions of the Secretary of State.
13. The Sheriff shall have all the powers and authorities of the Sheriff.
Sheriff of a county in England, with all the privileges and immunities of
the office, and shall be charged with the execution of all decrees, orders
l and sentences made and passed by the Supreme Court, on the requisition
in that behalf of the Supreme Court.
He shall be entitled to such fees and costs as the Supreme Court
may direct.
14. The Registrar shall be appointed by His Majesty. Registrar.
He shall be either a member of the Bar of England, Scotland, or
Ireland, or a Solicitor of the Supreme Court in England or Ireland, or a
Writer to His Majesty’s Signet, or a Solicitor in the Supreme Courts of
Scotland.
He may also, with the approval of the Secretary of State, hold the
office of Chief Clerk of the Supreme Court.
In case of the absence from Shanghai or of the illness of the Regis-
trar, or during a vacancy in the office of Registrar, or during the employ-
ment of the Registrar in another capacity, or on emergency, the Judge may,
by writing under his hand and the seal of the Supreme Court, appoint
any fit person to act as Registrar for the time therein mentioned, or until
I the appointment is revoked by the Judge or disapproved or revoked by
I the Secretary of State.
[ 15. The Judge, each Assistant Judge, and the Registrar shall hold Tenure of
Judges and
i office during the pleasure of His Majesty.
16. In case at any time His Majesty thinks fit by warrant under his Registrar.
Revocation of
I Royal sign manual to revoke the warrant appointing any person to be Appointments.
$ Judge, Assistant Judge, or Registrar, or while there is a Judge, Assistant
5 Judge, or Registrar in office, thinks fit by warrant under his Royal sign
1 manual to appoint another person to be Judge, Assistant Judge, or
i Registrar (as the case may be), then, and in every such case, until the
1 warrant of revocation or of new appointment is notified by His Majesty’s
| Minister in China to the person holding office, all powers and authorities
a vested in that person shall continue and be deemed to have continued in
it as full force—and he shall continue, and be deemed to have continued,
jj entitled to all the privileges and emoluments of the office as fully, and all
|| things done by him shall be and be deemed to have been as valid in law—
uas if such warrant of revocation or new appointment had not been
c:;made.
10'
290 ORDERS IN COUNCIL
Sittings of
Supreme 17. The Supreme Court shall ordinarily sit at Shanghai; hut may,
if it seems expedient, sit at any other place within the limits of this
Order, and may at any time transfer its ordinary sittings to any such
place as the Secretary of State approves. Under this Article the Judges
may sit at the same time at different places, and each sitting shall he
Visitation Of deemed to be a sitting of the Supreme Court.
18. The Judge or under his directions an Assistant Judge may visit,
in a magisterial or judicial capacity, any place in China or Corea, and
there inquire of, or hear and determine, any case, civil or criminal, and
may examine any records or order documents in any Provimial Court,
and give directions as to the keeping thereof.
(ii) Provincial Comts.
Constitution
of Frovinoia those at Shanghai and with such other—(1)
19. Ev
Courts. exceptions (if any) as the Secre-
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
may be, 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 ” (or as the case may be).
(4) Every Provincial Court may, with the approval of the Judge of
the Supreme Court, appoint a competent person, or persons, to perform
such duties and to exercise such powers in and for that Court as are by
this Order and any Rules of Court imposed or conferred upon the Regis-
trar and Marshal respectively, and any person so appointed shall perform
such duties and exercise such powers accordingly.
(5) Every Provincial Court shall have a seal bearing its style and
such device as the Secretary of State from time to time directs; but
where such a seal is not provided, the seal of the Consular1 officer holding
the Court may be used.
(iii) Jurisdiction of Courts.
Courts
Record.of exercise 20. The Supreme Court, and each Provincial Court, shall, in the
of every part of its jurisdiction, be a Court of Record.
Jurisdiction
Supreme of jurisdiction 21. All His Majesty’s jurisdiction, civil and criminal, including any
Shanghai. shall for andbywithin this Order conferred expressly on a Provincial Court,
the district of the Consulate of Shanghai be vested
exclusively in the Supreme Court as its ordinary original jurisdiction.
jurisdiction of
Provincial Order vested exclusively in jurisdiction,
22. All His Majesty’s civil and criminal, not under this
Courts. the Supreme Court, shall to the extent and in
Concurrent the manner provided by this Order be vested in the Provincial Courts.
jurisdiction 23. The Supreme Court shall have in all matters, civil and criminal,
Supreme of an original jurisdiction, concurrent with the jurisdiction of the several
Provincial Courts, to be exercised subject and according to the provisions
Jurisdiction of of this Order.
Registrar. directions 24. —(1) T
of the Judge, hold preliminary examinations, and shall hear
and determine such criminal cases in that Court as are not, under this j
Order, required to be heard and determined on a charge.
(2) Tbe Registrar shall also have authority to hear and determine]
such civil actions as may be assigned to him by the Judge, but actions!
H.B.M. SUBJECTS IN CHINA. AND COREA 291
which under this Order are required or directed to be heard with a jury
or assessors shall not be so assigned.
(3) For the purposes of this Article the Registrar shall exercise all
the powers and jurisdiction of a Provincial Court, and the provisions of
this Order witli respect to appeal and reserved case in criminal matters
and to appeal in civil matters shall apply accordingly.
25. —(1) Where any case, civil or criminal,Casecommenced rep or in a
vincial Court, appears to that Court to be beyond its jurisdiction, or to or removed to
be one which for any other reason ought to be tried in the Supreme Supreme
Court, the Provincial Court shall report the case to the Supreme Court
for directions.
(2) The Supreme Court may of its own motion, or upon the report
of a Provincial Court, or on the application of any party concerned,
require any case, civil or criminal, pending in any Provincial Court to
be transferred to, or tried in, the Supreme Court, or may direct in what
Court and in what mode, subject to the provisions of this Order, any
such case shall be tried.
26. The Supreme Court and every Provincial Court shall be Courts totobe
auxiliary to one another in all particulars relative to the administration auxiliary
one another.
of justice, civil or criminal.
27. Every Judge and Officer of Courts established under this Order Conciliation.
shall, as far as there is proper opportunity, promote reconciliation and
encourage and facilitate the settlement in an amicable way and without
recourse to litigation of matters in difference between British subjects,
or between British subjects and foreigners in China or Corea.
28. Subject to the provisions of this "Order, criminal and civil cases Modes of trial.
may be tried as follows: —
(a) In the case of the Supreme Court, by the Court itself, or by the
Court with a j ury, or with assessors.
(.&) 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-
kong, in any civil proceeding, and accompanied by a request in writing
under the seal of that Court, to be served in China or Corea. Immunitythe
of Court
30. —(l) Notwithstanding anything in this Order,
not exercise any jurisdiction in any proceeding whatsoever over His Legation.
Majesty’s Minister, or over his official or other residences, or his official
pr other property.
(2) Notwithstanding anything in this Order, the Court shall not
exercise, except with the consent of the Minister signified in writing to
the Court, any jurisdiction in any proceeding over any person attached
to or being a member of, or in the service of, the Legation. The consent
of the Minister may be given, either specially with respect to any person,
or generally with respect to any class of persons so attached.
(3) If in any case under this Order it appears to the Court that the
attendance of the Minister, or of any person attached to or being a mem-
ber of the Legation, or being in the service of the Legation, to give
evidence before the Court is requisite in the interest of justice, the Court
may address to the Minister a request in writing for such attendance.
(4) A person attending to give evidence before the Court shall not
be compelled or allowed to give any evidence or produce any document,
if, in the opinion of the Minister, signified by him personally or in writing
to the Court, the giving or production thereof would be injurious to His
Majesty’s service.
31. Where, by virtue of any Imperial Act, or of this Order, or other- Operation of
wise, any provisions of any Imperial Acts, or of any law of a British ImperialActs, &c.
10*
ORDERS IN COUNCIL
possession, or of any Orders in Council other than this Order, are applic-
able in China or Corea, or any forms, regulations, or procedure prescribed
or established by or under any such Act, Law or Order, are made applic-
able for any purpose of this Order or any other order relating to China
or Corea, such Acts, Laws, Orders, Forms, Eegulations, or procedure may
be construed or used with such alterations and adaptations not affecting
the substance as may be necessary having regard to local circumstances,
and anything required to be done by, to, or before any Court, Judge, officer,
or authority may be done by, to, or before a Court, Judge, officer, or
authority having the like or analogous functions, or by, to, or before any
officer designated by the Secretary of State or by the Court (as the case
may require) for that purpose; and the seal of the Supreme or Provin-
cial Court (as the case may be) may be substituted for any other seal,
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.
jury. 32.—(1) Every male resident British subject—-being of the age of
21 years upwards—having a competent knowledge of the English
language—having or earning a gross income at such rate as may be fixed
by Rules of Court—not having been attainted of treason or felony, or
convicted of any crime that is infamous (unless he has obtained a free
pardon) and not being under outlawry—shall be qualified to serve on
a jury.
(2) All persons so qualified shall be liable so to serve, except the
following persons, who shall nevertheless be competent to serve, that is
to say:—
Persons in His Majesty’s Diplomatic, Consular, or other Civil Ser-
vice, in actual employment;
Officers, clerks, keepers of prisons, messengers, and other persons
attached to or in the service of the Court;
Officers and others on full pay in His Majesty’s navy or army, or in
actual employment in the service of any Department connected
therewith;
Persons holding appointments in the civil, naval, or military service
of China or Corea ;
Clergymen and other ministers of religion in the actual discharge
of professional duties ;
Legal practitioners in actual practice ;
Physicians, surgeons, and apothecaries in actual practice;
Persons who are over 60 years of age or are disabled by mental or
bodily infirmity.
(3) A jury shall consist of such number of jurors, not more than
twelve nor less than five, as may be determined in accordance with Rules
of Court; and in such Rules different provisions may be made with
respect to the several places at which the Supreme Court may sit, regard
being had to the number of available jurors and any other considerations.
(4) In civil and in criminal cases the like challenges shall be allowed
as in England—with this addition, that in civil cases each party may
challenge three jurors peremptorily.
H.B.M. SUBJECTS IN CHINA AND COEEA
(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.
33. —(1) An Assessor shall be a competent and impartial Brit
subject, of good repute, nominated and summoned by the Court for the
purpose of acting as Assessor.
(2) In the Supreme Court there may be one, two, or three Assessors,
as the Court thinks fit.
(3) In a Provincial Court there shall ordinarily be not fewer than
two, and not more than four, Assessors. Where, however, by reason of
local circumstances, the Court is able to obtain the presence of one
Assessor only, the Court may, if it thinks fit, sit with one Assessor only :
and where, for like reasons, the Court is not able to obtain the presence
of an Assessor, the Court may, if it thinks fit, sit without an Assessor—
the Court in every case, recording in the Minutes its reasons for sitting
with one Assessor only or without an Assessor.
(4) An Assessor shall not have any voice in the decision of the Court
in any case, civil or criminal; but an Assessor dissenting, in a civil case,
-from any decision of the Court, or, in a criminal case, from any decision
of the-Court or the conviction or the amount of punishment awarded,
may record in the Minutes his dissent, and the grounds thereof, and shall
be entitled to receive without payment a certified copy of the Minutes.
34. —(1) Any person failing to attend as juror or Assessor acco
to a summons shall be deemed guilty of a contempt of Court, and shall "nce?ttend"
be liable to a fine not exceeding <£10, but a person shall not be liable to
-fine for non-attendance unless he is resident in the Consular district in
which the Court sits.
(2) Any such fine shall not be levied until after the expiration of
fourteen days. The proper officer of the Court shall forthwith give to
the person fined notice in writing of the imposition of the fine, and
require him within six days after receipt of the notice to file an affidavit
-excusing non-attendance (if he desire to do so). The Court shall con-
sider the affidavit, and may, if it seems proper, remit or reduce the fine.
III.—Criminal Matters.
35. —(1) Except as regards offences made or declared such
or any other Order relating to China or Corea, or by any Eules or Regu- of England*
lations made under any Order;
Any act that would not by a Court of Justice having criminal
. jurisdiction in England be deemed an offence in England, shall
not, in the exercise of criminal jurisdiction under this Order, be
deemed an offence, or be the subject of any criminal proceeding
under this Order.
(2) Subject to the provisions of this Order, criminal jurisdiction
under this Order shall, as far as circumstances admit, be exercised on
the principles of, and in conformity with, English law for the time being,
and with the powers vested in the Courts of Justice and Justices of the
Peace in England, according to their respective jurisdiction and
-authority.
Local Jurisdiction in Criminal Matters.
36. Every Court may cause to be summoned or arrested, and brought Power to
before it, any person subject to and being within the limits of its juris- offender*,
diction, and accused of having committed an offence cognizable under
this Order, and may deal with the accused according to the jurisdiction
■of the Court and in conformity with the provisions of this Order.
294, ORDERS IN COUNCIL
Place of
Offence forof of complaint committed orof criminal
37. For the purposes jurisdiction every offence and cause
purposes arising within the limits of this Order shall
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.
Escape
arrest and 38. Where a person accused of an offence escapes or removes from
anotherin the
district. Consular district within which the offence was committed, and is
found within another Consular district, the Court within whose district
he is found may proceed in the case to trial and punishment, or to pre-
liminary examination (as the case may require), in like manner as if the
offence had been committed in its own district; or may, on the requisi-
tion or with the consent of the Court within whose distinct the offence
was committed, send him in custody to that Court, or require him to
give security for his surrender to that Court, there to be dealt with
according to law.
Where any person is to be so sent in custody, a warrant shall be issued
by the Court within whose district he is found, and that warrant shall
be sufficient authority to any person to whom it is directed to receive
and detain the person therein named, and to carry him to and -deliver
him up to the Court within whose district the offence was committed,
according tq the warrant.
Admiralty 39.
offences, &c. the criminal —(1) In cases of
act which wholly or partly caused the death, happened
within the jurisdiction of a Court acting under this Order, that Court
shall have the like jurisdiction over any British subject who is accused
either as the principal offender, or as accessory before the fact to murder,
or as accessory after the fact to murder or manslaughter, as if both the
criminal act and the death had happened within that jurisdiction.
(2) In the case of any offence committed on the high seas, or with-
in the Admiralty jurisdiction, by any British subject on board a British
ship, or on board a foreign ship to which he did not belong, the Court
shall, subject to the provisions of this Order, have jurisdiction as if the
offence had been committed within the jurisdiction of that Court. In
cases tried under this Article no different sentence can be passed from
the sentence which could be passed in England if the offence were tried
there.
(3) The foregoing provisions of this Article shall be deemed to be
adaptations, for the purposes of this Order and of the Foreign Juris-
diction Act, 1890, of the following enactments, that is to say :—
The Admiralty Offences (Colonial) Act, 1849.
The Admiralty Offences (Colonial) Act, 1860.
The Merchant Shipping Act, 1894, Part. XIII.
And those enactments shall apply accordingly and be administered in
China and Corea.
Apprehension and Custody of Accused Persons.
Bringingbefore
accused 40. —(1) Where a pe
warrant issuing out of any Court, he shall be brought before the Court
within forty eight hours after the arrest, unless in any case circumstances
unavoidably prevent.his being brought before the Court within that time,
which circumstances shall be recorded in the Minutes.
(2) In every case, he shall be brought before the Court as soon as
circumstances reasonably admit, and the time and circumstances shall be
recorded in the Minutes.
Remand. 41. —(1) Where an a
remanded at any time for more than seven davs, unless circumstances
H.B.M. SUBJECTS IN CHINA AND COREA 295
appear to the Court to make it necessary or proper that he should he
remanded for a longer time, which ciicumstances, and the time of re-
mand, shall be recorded in the Minutes.
(2) In no case shall a remand he for more than fourteen days at
one time, unless in case of illness of the accused or other case of
necessity.
42. Where the Supreme Coutt or a Provincial Court issues a sum- Detention of
mons or warrant against any person on complaint of an offence committed
on board of, or in relation to, a British ship, then, if it appears to the
Court that the interests of public justice so require, the Court may issue
a warrant or order for the detention of the ship, and may cause the
ship to be detained accordingly, until the charge is heard and deter-
mined, and the order of the Court thereon is fully executed, or for such
shorter time as the Court thinks fit; and the Court shall have power to
make all such orders as appears to it necessary or proper for carrying
this provision into effect.
43. Every Provincial Court shall execute any writ, order, or warrant Execution
issuing from the Supreme Court, and may take security from any person supreme
named therein for his appearance personally or by attorney, according to court
the writ, order, or warrant; or may cause such person to be taken in
custody or otherwise to the Supreme Court or elsewhere in China or
Corea, according to the writ, order, or warrant.
44. —(1) The Court may, in its discretion, admit to bail p
accused of any of the following offences, namely
Any felony.
Kiot.
Assault on any officer in the execution of his duty, or on any
person acting in his aid.
Neglect or breach of duty by an officer.
But a person accused of treason or murder shall not be admitted to
bail except by the Supreme Court.
(2) In all other cases the Court shall admit the accused to hail
.unless the Court, having regard to the circumstances, sees good reason
to the contrary, which reason shall be recorded in the' Minutes.
(3) The Supreme Court may admit a person to bail, although a
Provincial Court has not thought fit to do so.
(4) The accused who is to be admitted to bail, either on remand or
nn or after trial ordered, shall produce such surety or sureties as, in the
opinion of the Court, will be sufficient to insure his appearance as and
when required, and shall with him or them enter into a recognizance
accordingly.
Trial ivith Jury or Assessors.
45. —(1) Where the offence charged is treason or murder
or asses9ors
must be tried on a charge before the Supreme Court with a jury. -
(2) In each of the two following cases, namely :—
(i) Where the offence charged is rape, arson, housebreaking, rob-
bery with violence, piracy, forgery, or perjury; or
(ii) Where the offence charged is any other than as aforesaid, but
it appears to the Court at any time before the trial, the opinion
of the Court being recorded in the Minutes, that the offence
charged, if proved, would not be adequately punished by im-
prisonment for three months with hard_labour, or by a fine of
=£20, or both such imprisonment and fine*—
The offence shall be tried on a charge with a jury or assessors
•(according to. the provisions of this. Order applicable to the Court) ; but
may, with the consent of the accused, be tried without assessors or jury.
OEDEES IN COUNCIL
In the Supreme Court, when the accused does not so consent, the charge
shall be tried with a jury, unless the Court is of opinion that a jury
cannot be obtained.
(3) The Supreme Court may, for any special reason, direct that any
case shall be tried with assessors or a jury, and a Provincial Court may,
for any special reason, direct that any case shall be tried with assessors.
In each such case the special reason sliall be recorded in the Minutes,
speedy trial. 46.—(1) Where an accused person is ordered to be tried before a
Court with a jury or with assessors, he shall be tried as soon after the
making of the order as circumstances reasonably admit.
(2) As long notice of the time of trial as circumstances reasonably
admit shall be given to him in writing, under the seal of the Court,
which notice, and the time thereof, shall be recorded in the Minutes.
Report of £ gf-47.—(1)
sentences. The Supreme Court shall, when required by the Secretary
0 ate> gen(j to him a report of the sentence of the Court in any case
tried before that Court with a jury or assessors, -with a copy of the
Minutes and notes of evidence, and with any observations which the
Court thinks fit to make.
(2) Every I'rovincial Court shall, in accordance with Eules of Court,
send to the Supreme Court a report of the sentence of the Court in
every case tried by the Court with assessors, with such Minutes, notes
of evidence, and other documents as such Rules may direct, and with
any observations which the Court thinks fit to make.
Summary Trial.
Summary
tria1, 48. Where the.complaint discloses an offence which is not required
or directed to be heard on a charge, the accused may be tried summarily
on the complaint: Provided that where an offence is tried summarily
no greater punishment shall be awarded than imprisonment for three
months or a fine of <£20, or both.
Preliminary Examination. „
Preliminary 49.—(1) Where the accused is before the Court, and it appears to
Examination, the Court that the complaint discloses an offence—
(«,) Which ought to be tried in or reported to another Court; or
(6) Which oftght to be tried before the same Court with a jury or
assessors;
the Court shall proceed to make a preliminary examination in the
prescribed manner.
(2) On the conclusion of the preliminary examination, the Court
shall bind by recognizance the prosecutor and every witness to appear
at the trial to prosecute, or to prosecute and give evidence, or to give
evidence (as the case may be), and if the case is to be tried in or reported
to another Court, shall forthwith send the depositions, with a minute of
other evidence (if any) and a report, to the Court before which the trial
is to take place.
Trial before1118 50. Where a British subject is accused of an offence the cognizance
Majesty’s
dominions. expedientappertains
whereof to anybeCourt
that the offence established
inquired of, tried,under this Order,
determined, and it is
and punished
in a British possession, the accused may (under the Foreign Jurisdiction
Act, 1890, Section 6) be sent for trial to Hongkong or to Burma; and
the Supreme Court of Hongkong and the Sessions Court at Mandalay
shall respectively be the authorized Courts for the purposes of that
enactment.
The Court may, where it appears so expedient, by warrant under the
hand of a Judge and the seal of the Court, cause the accused to be- sent
" for trial to Hongkong or to Mandalay accordingly.
H B.M. SUBJECTS IN CHINA AND COEEA
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 he so sent to Hongkong or to Burma, the
Court before which he is accused shall take the preliminary examination,
and if it seems necessary and proper shall bind over such of the proper
witnesses as are British subjects in their own recognizances to appear
and give evidence on the trial.
51. —(1) If a British subject, having appeared as prosec
witness at a preliminary examination, refuses to enter into a recognizance recognizance
to appear at the trial to prosecute or give evidence, the Court may send
him to prison, there to remain until after the trial, unless in the mean-
time he enters into a recognizance.
(2) But if afterwards, from want of sufficient evidence or other
cause, the accused is discharged, the Court shall order that the person
imprisoned for so refusing be also discharged.
(3) Where the prosecutor or witness is not a British subject, the
Court may require him either to enter into a recognizance or to give
other security for his attendance at the trial, and if he fails to do so may
in its discretion dismiss the charge.
52. Subject to Rules of Court made under this Order, the Court Expenses of
may order payment of allow' '.ces in respect of their reasonable expenses ^rors^&o
to any complainant or wit jss attending before the Court on the trial of
any criminal case by a j\ y or with assessors, and also to jurors, asses-
sors, interpreters, medical practitioners, or other persons employed in or
in connection with criminal cases.
. Charges.
53. —(1) The charge upon which an accused Trial person
on is tried
state the offence charged, with such particulars as to the time and place charge.
of the alleged offence, and the person (if any) against whom or the thing
(if any) in respect of which it was committed, as are reasonably sufficient
to give the accused notice of the matter with which he is charged.
(2) The fact that a charge is made is equivalent to a statement that
every legal condition required by law to constitute the offence charged
was fulfilled in the particular case.
(3) Where the nature of the case is such that the particulars above
mentioned do not give such sufficient notice as aforesaid, the charge shall
also contain such, particulars of the manner in which the alleged offence
was committed as will give such sufficient notice.
(4) For the purposes of the application of any Statute law, a charge
framed under the provisions of this Order shall be deemed to be an
indictment.
54. For every distinct offence of which any person is accused there Separatefor
shall be a separate charge, and every such charge shall be tried separately, chargee
separate
offences.
except in the cases following, that is to say:—
(a) Where a person is accused of more offences than one of the same
kind committed within the space of twelve months from the
first to the last of such offences, he may be charged with, and
tried at one trial for any number of them not exceeding three.
(b) If in one series of acts so connected together as to form the
same transaction more offences than one are committed by the
same person, he may be charged with and tried at one trial for
every such offence.
(c) If the acts alleged constitute an offence falling within two or
more definitions or descriptions of offences in any law or laws.
298 ORDERS IN COUNCIL
the accused may be charged with and tried at one trial for.
each of such offences.
(d) If several acts constitute several offences, and also, when
combined, a different offence, the accused may be charged with,
and tried at one trial for, the offence constituted by such acts
when combined, or one or more of the several offences, but in
the latter case shall not be punished with more severe punish-
ment than the Court which tries him could award for any one
of those offences.
(e) If a single act or series of acts is of such a nature that it is
doubtful which of several offences the facts which can be proved
will constitute, the accused may be charged with having com-
mitted all or any of such offences, and any number of such
charges may be tried at once; or he may be charged in the
alternative with having committed some one of the offences;
and if it appears in evidence that he has committed a different
offence for which he might- have been charged, he may be
convicted of that offence, although not charged with it.
Xrial of
oo-defendants. 55. When more persons than one are accused of the same offence of
0£ different offences committed in the same transaction, or when one is
accused of committing an offence and another of abetting or attempting
to commit that offence, they may be charged and tried together or
separately, as the Court thinks fit.
Alteration
charges. of 56.—(1) Any Court, if sitting with a jury or assessors, may alter
ariy charge at any time before the verdict of the jury is returned or the
opinions of the assessors are expressed; if sitting without jury or asses-
sors, at any time before judgment is pronounced.
(2) Every such alteration shall be read and explained to the accused.
(3) If the altered charge is such that proceeding with the trial
immediately is likely, in the opinion of the Court, to prejudice the
accused or the prosecutor, the Court may either direct a new trial or
adjourn the trial for such period as may be necessary.
Errors
variances.and 57.—(1)shall
particulars No beerror or omission
regarded at anyinstage
stating
of theeither
case the offence orunless
as material, the
the accused was misled by such error or omission.
(2) When the facts alleged in certain particulars are proved and
constitute an offence, and the remaining particulars are not proved, the
accused may be convicted of the offence constituted by the facts proved,
although not charged with it.
(3) When a person is charged with an offence, and the evidence
proves either the commission of a minor offence or an attempt to commit
the offence charged, he may be convicted of the minor offence or of the
attempt.
Charge of 58.—(1) If the accused has been previously convicted of any offence,
caoriction and it is intendedwhich
the punishment to prove such conviction
the Court for the
is competent purposetheoffact,
to award, affecting
date,
and place of the previous conviction shall be stated in the charge.
(2) If such statement is omitted, the Court may add it at any time
before sentence is passed.
(3) The part of the charge stating the previous convictions shall
not be read out in Court, nor shall the accused be asked whether he has
been previously convicted, as alleged in the charge, unless and until he
has either pleaded guilty to, or been convicted of, the subsequent
offence.
(4) If he pleads guilty to, or is convicted of, the subsequent offence,
he shall then be asked whether he has been previously convicted, as
alleged in the charge. ''' ’
H.B.M. SUBJECTS IN CHINA AND COERA
(5) If he answers that he has been so previously convicted, the
Court may proceed to pass sentence on him accordingly, but, if he denies
that he has been so previously convicted, or refuses to, or does not,
answer such question, the Court shall then inquire concerning such
\ previous conviction, and in such case (where the trial is by jury) it shall
|f not be necessary to swear the jurors again.
Punishments.
59. The powers of the Courts with respect to punishments are Limitation of
limited as follows:— Courts.0*
(1) The Supreme Court may award in respect of an offence any
punishment which may in respect of a similar offence be awarded
in England: provided that (a) imprisonment with hard labour
shall be substituted for penal servitude, and (b) the Supreme
Court shall not award a fine exceeding <£500; or, in case of a
continuing offence, in addition to imprisonment or fine, or both,
a fine exceeding <£1 for each day during which the offence
continues after conviction.
j (2) A Provincial Court may award imprisonment, not exceeding
twelve months, with or without hard labour, and with or
without a fine not exceeding <£100; or a fine not exceeding
<£100, without infprisonment; or in case of a continuing offence,
in addition to imprisonment or fine, or both, a fine not
exceeding 10s. for each day during which the offence continues
after conviction.
(3) But nothing in this Article shall be deemed to empower any
Court to award for any offence any punishment not authorized
by law in relation to that offence.
60. —(1) If any person is guilty of an offence against8 this Orde
not distinguished as a grave offence against this Order, he is liable:— order? *
i: (i) To a fine not exceeding <£5, without any imprisonment; or
(ii) To imprisonment not exceeding one month, without fine; or
(iii) To imprisonment not exceeding fourteen days, with a fine not
exceeding 50s.
(2) Imprisonment under this Article is without hard labour.
61. —(1) If any person is guilty of an offence against this Order
distinguished as a grave offence against this Order, he is liable:— Order?thi9
(1) To a fine not exceeding <£10, without imprisonment; or
(ii) To imprisonment not exceeding two months, without fine; or
(iii) To imprisonment not exceeding one month, with a ftne not
exceeding <£5.
| (2) Imprisonment under this Article is, in the discretion of the
) Court, with or without hard labour.
' 62.—(1) The Court may, if it thinks fit, order a person convicted
of an assault to pay to the person assaulted by way of damages any sum
b not exceeding <£10.
(2) Damages so ordered to be paid may be either in addition to or
: in lieu of a fine, and shall be recoverable in like manner as a fine.
(3) Payment of such damages shall be a defence to an action for
1 the assault.
63.—(1) The Court may, if it thinks fit, order a person convicted
i before it to pay all or part of the expenses of his prosecution, or of his
imprisonment or other punishment or of both, the amount being specified
. in the order.
(2) Where it appears to the Court that the charge is malicious, or
frivolous and vexatious, the Court may, if it thinks fit, order the
800 ORDERS IN COUNCIL
complainant to pay all or part of the expenses of the prosecution, the
amount being specified in the order.
(3) In these respective cases the Court may, if it thinks fit, order
that the whole or such portion as the Court thinks fit of the expenses
so paid be paid over to the complainant or to the accused (as the case
may be).
(4) In all cases the reasons of the Court for making any such order
shall be recorded in the Minutes.
Punishment
death. of the punishment
64. Where any personthe
of death, is sentenced
Judge shallby forthwith
the SupremesendCourt
a reportto ofsuffer
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.
Prisons and approvec
punishments. 65.—(1) TheSecretary
l by the Judge of oftheState,
Supreme Courtthemay
prescribe by general
manner in whichorder,
and
the prisons in China or Corea at which punishments passed by any Court
or otherwise awarded under this Order are to life 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.
imprisonment 66.—(1) Where an offender is sentenced to imprisonment, and the
Majesty'
dominions.s within
SupremeHisCourt thinks dominions,
Majesty’s it expedientandthatthe
theoffender
sentenceisbeaccordingly,
carried into under
effect
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 thisArticle.
(2) The Supreme Court may, by warrant under the hand of a Judge
and the seal of the Court, cause the offender to be sent to Hongkong, or
other such place as aforesaid, in order that the sentence may be there
carried into effect accordingly.
(3) The warrant shall be sufficient authority to-any person to whom
it is directed to receive and detain the person therein named, and to
carry him to and deliver him up at the place named, according to the
warrant.
Mitigation
punishments.of rep0r67.—(1) A Judge ofofState
t the Secretary the Supreme Court may,
or to the Minister il heorthinks
in China in Corea,fit,
as the case may be, recommending a mitigation or remission of any
punishment awarded by any Court, and thereupon the punishment may
be mitigated or remitted by the Secretary of State or Minister.
(2) Nothing in this Order shall affect His Majesty’s prerogative of
pardon.
Inquests.
inquests. 68.—(1) The Court shall have and discharge all the powers and
duties appertaining to the office of Coroner in England, in relation to
deaths of British subjects happening in the district of the Court.
(2) The Court may also exercise the said powers in relation^to
deaths of any persons having happened at sea on board British ships
H.B.M. SUBJECTS IN CHINA AND COEEA 301
arriving in tha district, and to deaths o£ 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 Bi'itish subject is charge l with causing the death, the
Court may, without holding an in the preliminary examination.
(b) Where a British subject is not charged with caus ng 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 cro.-s-examine each witness,
and the procedure shall be as in other cases of preliminary
examination. If after the inquest the Court doe* not see fit to
cau-e any person to be charged, the Court shall certify ils
opinion of the cause of (he death. When the inquest is held
by a Provincial Court, the certificate and the depositions shall
be sent forthwith to the Supreme Court, and that Court may
give any directions which may seem proper in the circumstances.
(4) In this Article the expression “the Court” includes the Registrar
of the Supreme Court.
Statutory or other Offences.
69. Any act which, if done in the United Kingdom, or in a British Patents and
possession, would be an offence against any of the following Statutes of trade-marks.
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 reasonable times; and a person shall not be punished
under this Article for anything done before the expiration of
one month after such publication, unless the person offending
is proved to have had express notice of the Statute or Order in
Council.
(2) That a prosecution by or on behalf of a prosecutor who is not a
British subject shall not be entertained unless the Court is
satisfied that effectual provision exists for the punishment in
Consular or other Courts in China or Corea of similar acts
committed by the subjects of the State or Power of which such
prosecutor is a subject, in relation to, or affecting the interests
of, British subjects.
70.—(1) If a British subject— Smuggling.
(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;
302 ORDERS IN COUNCIL
(ii) Imports or exports, or attempts to import or export, into or out
of China or Corea, any goods, intending arid attempting to
evade payment of duty payable thereon to the Chinese or
Corean Government;
(iii) 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 bearing 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.
Levying
war, etc. proof71.—(1)
whereof Ifshall
anylieBritish
on the subject, withoutdoes
party accused, His any
Majesty’s
of the authority,
following
things, that is to say :—
(a) Levies war or takes any part in any operation of war against,
or aids or abets any person in carrying on war, insurrection, or
rebellion against the Government of China or of Corea; or,
(b) Takes part in any operation of war in the service of the Govern-
ment of China or of Corea against any persons engaged in
carrying on war, insurrection, or rebellion against those
respective Governments he shall be guilty of an offence 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
Pi|,a case shall be heard and determined accordingly.
cy. 72. Any British subject being in China or Corea may be proceeded
against, tried, and punished under this Order for piracy wherever
committed.
If a person accused of piracy is brought before a Provincial Court,
that Court shall report the case to the Supreme Court, and the Supreme
Court shall thereupon give such directions as it may think fit with
respect to the trial.
violation
eaties. 73. Ifanyanystipulation
observe British subject
of anyin Treaty
China orbetween
in Corea
Hisviolates
Majesty,orhis
failspre-to
decessors, heirs, or successors, and the Emperor of China or of Corea
H.B.M. SUBJECTS IN CHINA AND COKE A 303
for the time being in force, in respect of the violation whereof any
penalty is stipulated for in the Treaty, he shall be deemed guilty of an
offence against the Treaty, and on conviction thereof under this Order
shall be liable to the penalty stipulated in the Treaty.
74. —(1) Where, by agreement among the Diplomatic or Con
representatives in China and Corea of foreign States, or some of them, in Regulatlons’
conjunction with the Chinese or Corean authorities, Sanitary, or Police,
or Port, or G-ame, or other Regulations are established, and the same,
as far as they affect British subjects, are approved by the Secretary
of State, the Court may, subject and according to the provisions of this
Order, entertain any complaint made against a British subject for a
breach of those Regulations, and may enforce payment of any fine
incurred by that subject or person in respect of that breach, iu 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
those Regulations.
75. Every person subject to the criminal jurisdiction of the Court Seditions
who prints, publishes, or offers for sale any printed or written newspaper conduct-
or other publication containing matter calculated to excite tumult or
disorder, or to excite enmity between His Majesty’s subjects, and the
Government of China or Corea, as the case may be, or between that
Government and its subjects, shall be guilty of a grave offence against
this Order, and may, in addition to, or in lieu of, any other punishment, Le
ordered to give security for g >od behaviour, and in default thereof, or on a
further conviction for the like offence, he may be ordered to be deported.
An offence against this Article shall not be tried except by the
Supreme Court.
76. —(1) If a British subject—-
(1) Publicly derides, mocks, or insults any religion established or
observed within China or Corea; or
(ii) Publicly offers insult to any religious service, feast, or ceremony
established or kept in any part of those dominions, or to any
place of worship, tomb, or sanctuary belonging to any religion
established or observed within those dominions, or to the
ministers or professors thereof; or
(iii) Publicly and wilfully commits any act tending to bring any
religion established or observed within those dominions, or its
ceremonies, mode of worship, or observances, into hatred,
ridicule, or contempt, and thereby to provoke a breach of the
public peace;
he shall be guilty of an offence, and on conviction thereof, liable to
imprisonment not exceeding two years, with or without hard labour, and
with or without a fine not exceeding =£50, or to a fine alone not exceed-
ing <£50.
(2) Notwithstanding anything in this Order, every charge under
this Article shall be heard and determined by the Court alone, without
jury or assessors, and any Provincial Court shall have power to impose
the punishment aforesaid.
(3) Consular officers shall take such precautionary measures as
seem to them proper and expedient for the prevention of such offences.
77. —(1) If any person, subject to the criminal jurisdicti
Court, does any of the following things, namely :— Court.
(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
304 ORDERS IN COUNCIL
(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
(c) Wilfully insults any member of the Court, or any assessor or
juror, or any person acting as clerk or officer of the Court,
during his sitting or attendance in Court, or in his going to or
returning from Court; or
(d) Does any act in relation to the Supreme Court or a Provincial
Court or a matter pending therein, which, if done in relation to
the High Court in England, would be punishable as a con-
tempt of that Court—
he shall be guilty of a grave offence against this Order;
Provided that the Court, if it thinks tit, instead of directing proceed-
ings as for an offence against this Order, may order the offender to be
apprehended forthwith, with or without warrant, and on inquiry and
consideration, and after the hearing of any defence which such person
may offer, without further process or trial, may adjudge him to be
punished with a fine not exceeding <£10, or with imprisonmentjjnot 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.
Negligence of by neglect
officers. 78.—(1)or omission
If an officer
the ofopportunity
the Court ofemployed
executingto execute
it, then,anonorder loses
complaint
of the person aggrieved, and proof of the fact alleged, the Court may, if
it thinks fit, order the officer to pay the damages sustained by the person
complaining, or part thereof.
(2) The order shall be enforced as an order directing payment of
money.
Extortion. 79.—(1) If a clerk or officer of the Court, acting under pretence of
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.
(3) A clerk or officer against whom an order has been made or who
has been acquitted under this Article shall not be liable to an action in
respect of the same matter; and any such action, if begun, shall be stayed
by the Court in such manner and on such terms as the Court thinks fit.
Authority within 100 miles of Coast.
Offences11 00 80.—(1) Where a British subject, being in China or Corea, is
miei f charged with having
the coast. of this Order, any offence committed,
within either before
a British shiporatafter the commencement
a distance of not more
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
H.B.M. SUBJECTS IN CHINA AND COREA 305
:aforesaid, any of His Majesty’s Courts in China or Corea within the
jurisdiction whereof he is found may cause him to be apprehended and
brought before it, and may take the preliminary examination and commit
him for trial.
(2) If the Court before which the accused is brought is a Provincial
•Court, the Court shall report to the Supreme Court the pendency of the
case.
The Supreme Court shall thereupon direct in what mode and where
the case shall be heard and determined, and (notwithstanding anything
in this Order) the case shall be so heard and determined accordingly.
(3) The provisions of this Order relative to offences, and proceedings
in criminal matters, shall in all respects, as far as may be, extend and
; apply to every such case, in like manner as if the offence had been com-
mitted in China or Corea.
81. Where a British subject, being in Hongkong, is charged with Jurisdiction
having committed, either before or after the commencement of this court'at
•Order, any crime or offence within any British, Chinese, or Coreau ship Hongkong,
at such a distance as aforesaid, the Supreme Court at Hongkong shall
have and may exercise authority afid jurisdiction with respect to the
■ crime or offence as fully as if it had been committed in Hongkong.
§2. His Majesty’s Minister in China or Corea, any Judge of the Q p£g®^ e "JgOI',
Supreme Com-t, any Consular officer in China of Corea, or the Governor f r t
■of Hongkong, on receiving satisfactory information that any soldier,
sailor, marine, or other person belonging to any of His Majesty’s military
or naval forces, has deserted therefrom, and has concealed himself in any
British ship at such a distance as aforesaid, may, in pursuance of such
information, issue his warrant for a search after and apprehension of
such deserter, and on being satisfied oq investigation that any person so
apprehended is such a deserter, shall cause him to be, with all convenient
speed, taken and delivered over to the nearest military station of His
Majesty’s forces, or to the officer in command of a ship of war of His
Majesty serving in China or Corea, as the case may require.
Deportation.
83.—(1) Where it is proved that there is reasonable ground to Deportation,
apprehend that a British subject is about to commit a breach of the
public peace—or that the acts or conduct of a British subject are or is
likely to produce or excite to a breach of the public peace—the Court
may, if it thinks fit, cause him to be brought before it, and require him
-to give security to the satisfaction of the Court to keep the peace, or for
his future good behaviour, as the case may require.
(2) Where a British subject is convicted of an offence before the
•Court, the Court may, if it thinks fit, require him to give security to the
satisfaction of the Court for his future good behaviour, and for that
purpose may (if need be) cause him to be brought before the Court.
(3) In either of the foregoing cases, if the person required to give
rsecurity fails to do so, the Court may order that he be deported from
•China or Corea to such place as the Court directs.
(4) The place shall be a place in some part (if any) of His Majesty’s
dominions to which the person belongs, or the Government of which
consents to the reception of persons deported under this Order.
(5) A Provincial Court shall report to the Supreme Court any order
of deportation made by it and the grounds thereof, before the order is
■executed. The Supreme Court may reverse the order, or may confirifk it
with or without variation, and in case of confirmation, shall direct it to
be carried into effect.
ORDERS IN COUNCIL
(6) TJ13 person to be deported stall be detained in custody until a.
fit opportunity for his deportation occurs.
(7) He shall, as soon as is practicable, and in the esse of a persoa
convicted, either after execution of the sentence or while it is in course of
execution, be embarked in custody under the warrant of the Supreme Court
on board one of His Majesty’s ships of war, or, if there is no such ship
available, then on board any British or o:her fit ship bound to the place
of deportation.
(8) The warrant shall be sufficient au hority to the commanler or
master of the ship to receive and detain the person therein named, and
to carry him to and deliver him up at the place named according to the
warrant.
(9) The Court may order the person to be deported to pay all or
any part of the expenses of his deportation. Subject thereto, the
expenses of deportation shall be defrayed in such manner as the Secretary
of State, with the concurrence of the Treasury, may direct.
(10) The Supreme Court shall forthwith report to. the Secretary of
State any order of deportation made or confirmed by it and the grounds '
thereof, and shall also inform His Majesty’s Minister in China or Corea
as the case may require.
(11) If any person deported under this or any former Order returns •
to China or Corea without permission in writing of the Secretary of
State (which permission the Secretary of State may give) he shall be
deemed guilty of a grave offence against this Order; and he shall also be
liable to be forthwith again deported.
Dealing with 84. Where any person is deported to Hongkong, he shall on his
™r«>ns
Hongkong. iarrival
at there be delivered, with the warrant under which he is deported,
nt0 the custody of the Chief Magistrate of Police of Hongkong, who, on
receipt of the person deported, wnh' the warrant, shall detain him and
shall forthwith report the case to the G-overnor of Hongkong, who shall
either by warrant (if the circumstances of the case appear to him to
make it expedient) cause the person so deported to be taken to England^
and in the meantime to be detained in custody (so that the period of
such detention do not exceed three months), or else shall discharge him
from custody.
Appeal and Reserved Case.
Appeal andcase.
reserved 85.—(1) Where a person is convicted of any offence before any
Court_
(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;
the Judge shall state a case, setting out the facts and the grounds of the
conviction, and the question of law, and send or deliver it to the
Registrar of the Supreme Court.
Procedure
case stated. 86.—(1)before
Court, Where a case
whom is stated
the trial undershall,
was had, the last
as itpreceding
thinks fit,Article,
either
postpone judgment on the conviction, or respite execution of the judg-
ment, and either commit the person convicted to prison, or take security
for him to appear and receive judgment, or to deliver himself for
execution of the judgment (as the case may require) at an appointed
time and place.
• (2) The full Supreme Court, sitting without a jury or assessors,
shall hear and determine the matter, and thereupon shall reverse, affirm,
or amend the judgment given, or set it aside, and order an entry to be
H.B.M. SUBJECTS IN CHINA AND COREA 307
i ; ■made in the Minutes that in the judgment of the Supreme Court the
c iperson ought not to have been convicted, or order judgment to be given
a at a subsequent sitting of the Provincial Court, or order a new trial, or
r make such other order as the Supreme Court thinks just, and shall also
give all necessary and proper consequential directions.
(3) The judgment of the full Court shall be delivered in open
O Court, after the public hearing of any argument offered on behalf of the
iq prosecutor or of the person convicted.
(4) Before delivering judgment, the full Court may, if necessary,
Because the case to be amended by the Provincial Court.
(5) The full Court shall not annul a conviction or sentence, or vary
i'.a sentence, or order a new trial on the ground—
% (a) Of any objection which, if stated during the trial, might, in the
opinion of the Supreme Court, have been properly met by
amendment at the trial; or
(6) Of any error in the summoning of assessors ; or
(c) Of any person having served as assessor who was not qualified; or
(d) Of any objection to any person as assessor which might have
been raised before or at the trial; or
(ej Of any informality in the swearing of any witness ; or
(f) Of any error or omission in the charge, or any informality in
procedure which, in the opinion of the Supreme Court, did not
affect the substance of the case or subject the convicted person
to any undue prejudice.
87. There shall be no appeal in a criminal case to His Majesty the Appeal to
I King in Council from a decision of the Supreme Court, except by special Pnvy Council,
91 leave of His Majesty in Council.
Fugitive Offenders.
88. The Fugitive Offenders Act, 1881, and the Colonial Prisoner8 offenders
Fugitive
i Removal Act, 1884, shall apply to China and Corea, as if those places '
i were a British possession and part of His Majesty’s dominions.
Subject as follows:—
(a) His Majesty’s Minister in China or Corea, as the case may
require, is hereby substituted for the Governor or Government
of a British possession ; and
(V) The Supreme Court is hereby substituted for a Superior Court
of a British possession.
(c) The Supreme Court and each Provincial Court is substituted
for a Magistrate of any part of His Majesty’s dominions.
(d) For the purposes of Part II. of the said Act of 1881, and of this
Article in relation thei-eto, China, Corea, Weihaiwei and Hong-
kong shall be deemed to be one group of British possessions.
IV.—Civil Matters.
89. Subject to the provisions of this Order, the civil jurisdiction of General
every Court acting under this Order shall, as far as circumstances admit, j£0c™i°n 88
|| be exercised on the principles of, and in conformity with, English law for jurisdiction.
;! the time being in force.
Procedure.
W ' ''90. —(1) Every civil proceeding in the Court shall0beby be taken by a
E action, and not otherwise, and shall be designated an action. 'action .
(2) For the purposes of any statutory enactment or oiher provision
{ applicable under this Order to any civil proceeding in the Court, an
ORDERS IN COUNCIL
action under tliis Order shall comprise and be equivalent to a suit, cause,,
or petition, or to any civil proceeding, howsoever required by any such
enactment or provision to be instituted or carried on.
Commence-
ment of 91. —(1) Every
Court, on the application of the plaintiff, and served on the defendant (in
this Order referred to as an original summons); but notwithstanding
this provision, proceedings may be taken in and applications may be
made to the Court in particular classes of cases, in such manner as 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 takt n
and made in England.
Trial by jury 92. —(1) Subjec
Supreme Court which involves the amount or value of ,£150 or upwards-
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 t he 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 S
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, bear
the action either with or without assessors.
Special case. 94. —(1) After
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.
Costs. 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.
Arbitration. 96. —(1) Any a
between British subjects and foreigners to submit present or future
differences to arbitration, whether an Arbitrator is named therein or
not, may be filed in the Court by any party thereto, and, unless a con-
trary intention is expressed therein, shall be irrevocable, and shall have
the same effect as an order of the Court:
(2) Every such agreement is in this Order referred to as a submission.
(3) If any action is commenced in respect of any matter covered by
a submission, the Court, on the application of any party to the action,
may by order stay the action.
Beferenceto of
actions 97. —(1) In an
(a) If all parties consent, or
Referees. (b) If the matters in dispute consist wholly or partly of matters off
account, or require for their determination prolonged examina-
tion of documents or any scientific or local examination:
the Court may at any time refer the whole action, or any question or
issue arising therein, for inquiry and report, to the Registrar or any
special Referee
H.B.M. SUBJECTS IN CHINA AND COEEA
(2) The report of the Begistrar or special Eeferee 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 Begistrar, special Beft ree, or
Arbitrator, under any order of the Court, the Begistrar, special Beferee,
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 Buies of Court,
and subject thereto as the Court may direct.
98. Subject to Buies of Court, the Court shall have authority to Enforcement
enforce any submission, or any award made thereunder, and to control
and regulate the proceedings before and after the award, in such manner
and on such terms as the Court thinks fit.
Bankruptcy.
99. Each Court shall, as far as circumstances admit, have, for and Bankruptcy,
within its own district, with respect to the following classes of persons
being either resident in China or Corea, or carrying on business there,
namely, resident British subjects and their debtors and creditors, being
British subjects, or foreigners submitting to the jurisdiction of the
Court, all such jurisdiction in bankruptcy as for the time being belongs
to the High Court and the County Courts in England.
Admiralty.
100. —(1) The Supreme Court shall have Jun8dlctlon Admiralty jurisdi
for and within the limits of this Order, and over vessels and persons '
coming within the same.
(2) The following enactments of the Colonial Courts of Admiralty
Act, 1890, that is to say, Section 2, Sub-sections (2) to (4); Sections 5 and
6; Section 16, Sub-section (3); shall apply to the Supreme Court as if
that Court were a Colonial Court of Admiralty, and as if China and
Corea were a British possession; and for the purpose of this application
the expressions “judgment” and “appeal” shall in the enactments so
applied have the same respective meanings as are assigned thereto in
Section 15 of the said Act.
Matrimonial.
101. The Supreme Court shall, as far as circumstances admit, have Matrimonial
for and within China and Corea, with respect to British subjects, all iurisdlctl0n-
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.
102. —(1) The Supreme Court shall, as farjurisdiction/ as circumstances
have for and within China and Corea, in relation to British subjects, all
such jurisdiction relative to the custody and management of the persons
and estates of lunatics, as for the time being belongs to the Lord Chan-
cellor or other Judge or Judges in England intrusted by virtue of His
Majesty’s sign manual with the care and commitment of the custody of
the persons and estates of lunatics, and also such jurisdiction as may be
.310 OEDERS IN COUNCIL
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 person 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 Viet., cap. 81), shall apply to China and Corea, with the sub-
stitution of “the Supreme Court” for “the Supreme Court of Judicature
at any of the Presidencies of India.” Provided that the jurisdiction of
the Supreme Court under those sections may be exercised in and for
Corea by the Provincial Court at Seoul.
Probate and Administration.
Real property
topersonal
devolve as 103. All real or immovable property situate in China or Corea, and
. estate. belonging at the time of his death to any British subject dying after the
commencement of this Order, shall be deemed to be personal estate, and
the devolution thereof, in case of intestacy, shall be regulated according
to the law of England for the time being relating to personal estate.
ofJurisdiction
Courts. 104. —(1) The Su
have, for and within China and Corea, with respect to the wills and the
property in China and Corea of deceased British subjects, all such
jurisdiction as for the time being belongs to the High Court in England.
(2) A Provincial Court shall have power to grant probate or letters
of administration where there is no contention respecting the right to
the grant.
(3) Probate or administration granted by a Court under this Order
shall have effect over all the property of the deceased within China or
Corea, and shall effectually discharge persons dealing with an executor or
administrator thereunder, notwithstanding that any defect afterwards
appears in the grant.
Enactment
applied. 105. Section 51 of the Conveyancing (Scotland) Act, 1874, and any
enactment for the time being in force amending or substituted for the
same, are hereby extended to China and Corea with the adaptation follow-
ing, namely:—
The Supreme Court is hereby substituted for a Court of Probate in
Sealing a Colony.
British orof
■■ probate,
Colonial
106. —(1) Where
any British Possession to which the Colonial Probates Act, 1892, for the
&c. time being extends, has granted probate or letters of administration or
confirmation in respect of the estate of a deceased person, the probate
letters or confirmation so granted may, on being produced to, and a
copy thereof deposited with, the Supreme Court, be sealed with the seal
of that Court, and thereupon shall be of the like force and effect and
have the same operation as if granted by that Court.
H.B.M. SUBJECTS IN CHINA AND COEEA 311
(2) Provided that the Supreme Court shall, before sealing any
probate letters or confirmation under this section, be satisfied either
that all probate or estate duty has been paid in respect of so much-of
the estate, situated in China or Corea as is liable to such duty, or that
security has been given in a sum sufficient to cover the property (if any)
in China or Corea, and may require such evidence, if any, as it thinks
fit as to the domicile of the deceased person.
(3) The Supreme Court may, also, if it thinks fit, on the applica-
tion of any creditor, require before sealing that adequate security be
given for the payment of debts due from the estate to creditors residing
in China or Corea.
(4) For the purposes of this Article, a duplicate of any probate
letters of administration, or confirmation sealed with the seal of the
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.
107. —(1) Where a British subject dies in China orot Corea, or
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 tho de-
ceased is situated shall, where the circumstances of the case appear to the
Court so to require, forthwith on his death, or as soon after as may be,
take possession of his property within the particular jurisdiction, or put
any such property under the seal of the Court (in either case if the
nature of the property or other circumstances so require, making an
inventory), and so keep it until it can be dealt with according to law.
108. If any person named executor in the will of the deceased takes Executort0
possession of and administers or otherwise deals with any part of the
property of the deceased, and does not obtain probate within one month probate,
after the death, or after the termination of any suit or dispute respect-
ing probate or administration, he shall be guilty of an offence and shall
be liable to a fine not exceeding ^850.
109. If any person, other than the person named administrator or an Administering
executor or an officer of the Court, takes possession of and administers authorityhOUt
or otherwise deals with any part of the property of a deceased British
subject, whether resident or not, he shall be deemed guilty of a contempt
of Court, and shall be liable to a fine not exceeding £50.
110. Where a person appointed executor in a will survives the Degthor
testator, but either dies without having taken probate, or, having been ^ecutor.
called on by the Court to take probate, does not appear, his right in re-
spect of the executorship wholly ceases: and without further renuncia-
tion the representation to the testator and administration of his pro-
perty shall go and may be committed as if that person had not been
appointed executor.
111. —(1) Where a British subject'dies in China or Cor
other such subject having in his possession, or under his control, any f®
paper or writing of the deceased, being, or purporting to be testament- Court.
ary, shall forthwith bring the original to the Court within whose parti-
cular jurisdiction the death happens, and deposit it there.
If any person fails to do so for fourteen days after having knowledge
of the death of the deceased, he shall be guilty of an offence and liable
to a fine not exceeding £50.
(2) Where it is proved that any paper of the deceased, being or
purporting to be testamentary, is in the possession or under the control
of a British subject, the Court may, whether a suit or proceeding
respecting probate or administration is pending or not, order him to
produce the paper and bring it into Court.
312 ORDERS IN COUNCIL
(3) Where it appears to the Court that there are reasonable grounds
for believing that any person has knowledge of any paper being, or
purporting to be, testamentary (although it is not shown that the paper
is in his possession or under his control), the Court may, whether a suit
or proceeding for probate or administration is pending or not, order
that he be examined respecting it before the Court or elsewhere, and
that he do attend for that purpose, and after examination order that
he do produce the paper and deposit it in Court.
Administra- or 112. Where a it appears to the Court that the value of the property
estates?™11 estateany°fprobate
without deceased person
or letters does not exceed
of administration, =850,formal
or other the Court may,
proceeding,
pay thereout any debts or charges, and pay, remit, or deliver any surplus
to such persons, subject to such conditions (if any) as the Court thinks
proper, and shall not be liable to any action, suit, or proceedings in
respect of anything done under this Article. Provided, that a Provincial
Court shall not exercise the powers of this Article except with the
approval of the Supreme Court. Every proceeding of the Court under
this Article shall be recorded in the Minutes.
Appeals and Rehearings.
Appeal to 113.—(1) Where an action in a Provincial Court involves the amount
Court™6 for valuewith
Court, of ,£25 or upwards,
or without any party
assessors, aggrieved
in the action byshallanyhave
decision of that
the right to
appeal to the Supreme Court against the same, on such terms and
conditions as may be prescribed by Kules of Court.
(2) In any other case, the Provincial Court may, if it seems just and
expedient, give leave to appeal on like terms.
(3) In any case the Supreme Court may give leave to appeal on
such terms as seem just.
Rehearing6 in 114.—(1) The Supreme Court may, if it thinks fit, on the application
Court™ °fappeal,
any party
or oforany
of itsarguments
own motion,on order a rehearing
a verdict of another
or on any action, or of an
question of
law.
(2) The provisions of this Order respecting a hearing with a jury
or assessors shall extend to a rehearing of an action.
(3) The Supreme Court may, if it thinks fit, direct any rehearing to
be before the full Court.
(4) If the party applying for a rehearing has by any order been
ordered to pay money or do any other thing, the Court may direct either
that the order be carried into execution, or that the execution thereof be
suspended pending the rehearing, as it thinks fit.
(5) If the Court directs the order to be carried into execution, the
party in whose favour it is given shall before the execution give security
to the satisfaction of the Court for the performance of such "order as
shall be made on the rehearing.
(6) If the Court directs the execution of the order to be suspended,
the party against whom it is given shall, before an order for suspension
is given, give security to the satisfaction of the Judge for performance of
such order as shall be made on the rehearing.
(7) An application for a rehearing shall be made within the pre-
scribed time.
Appeals to His Majesty in Council.
AppealCouncil,
Privy to madeH5.—(1)
in a civil Where
action ainvolves
final judgment
the amountor ororder
valueofofthe£500
Supreme Court
or upwards,
any party aggrieved thereby may, within the prescribed time, or, if no
H.B.M. SUBJECTS IN CHINA AND COREA 313
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 Majesty
the King in Council.
(2) The applicant shall give security to the satisfaction of the Court
to an amount not exceeding =£500 for prosecution of the appeal, and for
such costs in the event of the dismissal of the appeal for want of pro-
secution as the Supreme Court may award, and for payment of all such
costs as may be awarded to any respondent by His Majesty in Council,
or by the Lords of the Judicial Committee of His Majesty’s Privy
Council.
(3) He shall also pay into the Supreme Court a sum estimated by
that Court to be the amount of the expense of the making up and trans-
mission to England of the transcript of the record.
(4) If security and payment are so given and made within two
months from the filing of the motion-paper for leave to appeal, then, and
not otherwise, the Supreme Court shall give leave to appeal, and the
appellant shall be at liberty to prefer and prosecute his appeal to His
Majesty in Council according to the rules for the time being in force
respecting appeals to His Majesty in Council from his Colonies, or such
other rules as His Majesty in Council from time to time thinks
fit to make concerning appeals from the Supreme Court.
(5) In any case the Supreme Court, if it considers it just or expedient
to do so, may give leave to appeal on the terms and in the manner
aforesaid.
116. —(1) Where leave to appeal to His Majesty in Counc
applied for by a person ordered to pay money or do any other act, the appeal*
Supreme Court shall direct either that the order appealed from be carried
into execution, or that the execution thereof be suspended pending the
appeal, as the Court thinks just.
(2) If the Court directs the order to be carried into execution, the
person in whose favour it is made shall, before the execution of it, give
security to the satisfaction of the Court for performance of such order
as His Majesty in Council may think fit to make.
(3) If the Court directs the execution of the order to be suspended
the party against whom it is given shall, before an order for suspension
is made, give security to the satisfaction of the Court for performance of
such order as His Majesty in Council may think fit to make.
117. This Order shall not affect the right of His Majesty in Council Appeal by
at any time, on the humble petition of a person aggrieved by a decision sPecial leav£
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.
Y.—Procedure, Criminal and Civil.
Minutes of
I 118.—(1) In every case, civil or criminal, Minutes of the proceedings prooeedinifs.'
|l shall be drawn up, and shall be signed by the Judge before whom the
K proceedings are taken, and shall, where the trial is held with assessors,
j i be open for their inspection and for their signature if concurred in by
r them.
(2) These Minutes, with the depositions of witnesses, and the notes
>7 of evidence taken at the hearing or trial by the Judge, shall be preserved
I, in the public office of the Court.
119. The Judge of the Supreme Court may make Rules of Court— Rules of
(a) For regulating the pleading practice and procedure in the Courts
established under this Order with respect to all matters within
the jurisdiction of the respective Courts;
314 OKDERS IN COUNCIL
(b) For regulating the means by which particular facts may be
proved in the said Courts;
(c) For prescribing any forms to be used;
(d) For prescribing or regulating the duties of the officers of the
said Courts;
(e) For prescribing scales of costs and regulating any matters in
connection therewith;
(f) For prescribing and enforcing the fees to be taken in respect
of any proceedings under this Order, not exceeding, as regards
any matters provided for by the Consular Salaries and Fees Act,
1891, fees fixed and allowed from time to time by any Order in
Council made under that Act;
(g) For prescribing the allowances to be made in criminal cases to
complainants, witnesses, jurors, assessors, interpreters, medical
practitioners, and other persons employed in the administration
of Justice and the conditions upon which an order may be made
by the Court for such allowances; •
(h) For taking and 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
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 made in England by the Lord
Chancellor or any Judicial authority, the powers of this Article shall
include a power to make such Rules for the purposes of that Act so far
as applicable.
Rules framed under this Article shall not have effect until approved
by the Secretary of State and, so far as they relate to fees and costs,
sanctioned by the Treasury; but in case of urgency declared in any such
Rules with the approval of His Majesty’s Minister, the same shall have
effect unless and until they are disapproved by the Secretary of State
and notification of such disapproval is recorded and published by the
Judge of the Supreme Court.
Until such rules have been made, or in relation to 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 adaptations
which may be necessary.
dispense with 120.—(1) The Court may, in any case, if it thinks fit, on account of
payment of the poverty of a party, or for any other reason, to be recorded in the
«C jurt fees. Minutes, dispense with or remit the payment of any fee in whole
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
on 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
this Order, shall not be effectual to defeat the provisions of this Order.
H.B.M. SUBJECTS IN CHINA AND COREA 31&
121. —(I) Every person doing an act or taking a proceeding
Court as plaintiff in a civil case, or as making a criminal charge against
another person, or otherwise, shall do so in his own name and not other-
wise, and either—
(a) By himself; or
( b) By a legal practitioner; or
(c) By his attorney or agent thereunto lawfully authorized in
writing and approved by the Court.
(2) Where the act is done or proceeding taken by an attorney or by
an agent (other than a legal practitioner), the power of attorney, or
instrument authorizing the agent, or an 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.
122. —(1) In any case, criminal or civil, and at any stage th
the Court either of its own motion or on the application of any party,
may summon a British subject to attend to give evidence, or to produce
documents, or to be examined ; but a Pi'ovincial Court shall have power
so to summon British subjects in its own district only.
(2) If the person summoned, having reasonable notice of the time
and place at which he is required to attend, and (in civil cases) his reason-
able expenses having been paid or tendered, fails to attend and be sworn,
and give evidence, or produce documents or submit to examination
accordingly, and does not excuse his failure to the satisfaction of the
Court, he shall be guilty of an offence against this Order.
(3) Persons of Chinese, Corean, or other Asiatic origin or nationality
shall be deemed to be persons allowed by law to affirm or declare instead
of swearing.
(4) Any person appearing before the Court to give evidence in any
case, civil or criminal, may be examined or give evidence in the form or with
the ceremony that he declares to be binding on his conscience.
(5) If in any case, civil or criminal, a British subject wilfully gives
false evidence in the Court, or on a reference, he shall be deemed guilty
of wilful and corrupt perjury.
123. Whenever under this Order any person is to be taken for trial Conveyance-
or imprisonment or by way of deportation or for any other purpose, to pe^onsT1
the Supreme Court or elsewhere in China or Corea, or to Hongkong,
England, or elsewhere, the Court or other authority by this Order
authorized to cause him to be so taken, may for that purpose (if neces-
sary) cause him to be embarked on board one of His Majesty’s ships of
war, or if there is no such ship available, then on board any British or
other fit ship, at any port or place whether within or beyond the parti-
cular jurisdiction or district of .that Court or authority, and in order to
such embarkment may (if necessary), cause him to be taken, in custody
or otherwise, by land or by water, from any place to the port or place of
embarkment.
The writ, order, or warrant of the Court, by virtue whereof any
person is to be so taken, shall be sufficient authority to every constable,
officer, or other person acting thereunder, and to the commander or
master of any ship of war, or other ship (whether the constable, officer,
316 OEDERS IN COUNCIL
or other person, or the ship or the commander or master thereof, is
named therein or not), to receive, detain, take, and deliver up such
person, according to the writ, order, or warrant.
Where the writ, order, or warrant is executed under the immediate
direction of the Court or authority issuing it, the writ, order or warrant
shall be delivered to the constable, officer, or other person acting there-
under, and a duplicate thereof shall be delivered to the commander or
master of any ship in which the person to whom the writ, order, or
warrant relates is embarked.
Where the writ, order, or warrant issues from the Supreme Court,
and is executed by a Provincial Court, a copy thereof certified under the
seal of the Court executing the same shall be delivered to the constable,
officer, or other person acting thereunder, and to the commander or
master of any ship in which the person taken is embarked; and any such
copy shall be for all purposes conclusive evidence of the order of which
it purports to be a copy.
Expenses
removal. of removal 124.ofSubject to the
prisoners andother
othersprovisions
from or toof any
this place
Order,in all expenses
China of
or Corea,
or from or to Hongkong, and the expenses of deportation and of the
sending of any person to England, shall be defrayed in such manner as
the Secretary of State from time to time directs.
Any master of a British ship when required shall be bound to take
such persons for a reasonable remuneration, to be determined by a
Judge of the Supreme Court, and in case of non-compliance shall be
liable to a penalty not exceeding <£50.
Application Moi 125. The following Acts, namely:—
-to evidence. The Foreign Tribunals Evidence Act, 1856;
The Evidence by Commission Act, 1859 ;
The Evidence by Commission Act, 1885 ;
or so much thereof as is for the time being in force, and any enactment
for the time being in force amending or substituted for the same, are
hereby extended to China and Corea, with the adaptation following,
namely:—
In the said Acts the Supreme Court is hereby substituted for a
Supreme Court in a Colony.
-The following
Acts, namely. 126. The
TheBritish
followingLawActs, namely:— Act, 1859 ;
Ascertainment
The Foreign Law Ascertainment Act, 1861;
or so much thereof as is for the time being in force, and any enactment
for the time being in force amending or substituted for the same, are
hereby extended to China and Corea,, with the adaptation following,
namely:—
In the said Acts the Supreme Court is hereby substituted for a
Superior Court in a Colony.
public officers, apply127.
Protection of The Public
to China Authorities
and Corea, Protection
as if China Act, were
and Corea 1898,therein
shall extend and
mentioned
in place of the United Kingdom, and as if this Order and any other Order
relating to China or Corea, and any Regulations or Rules made under
any such Order were therein referred to, in addition to any Act of
Parliament.
Evidence by
-Ccmmission. miSsion 128.doThe
issueSupreme Court may,of witnesses
for examination if it thinksat any
fit, order thatofa China
place out Com-
and Corea on oath, by interrogatories or otherwise, and may by order
give such directions touching the time, place, and manner of the examina-
tion, or anything connected therewith, as to the Court appear reasonable
and just.
H.B.M. SUBJECTS IN CHINA AND COEEA 317
VI.—Mortgages and Bills of Sale.
Mortgages.
129. A. deed or other instrument of mortgage, legal or equitable, of Registration
lands or houses in China r Corea> executed by a British subject, may : mortgages.
be registered at any time after its execution at the Consulate of the
■Consular district wherein the property mortgaged is situate.
130. Registration is made as follows :—The original and a copy of Mode of
"the deed or other instrument of mortgage, and an affidavit verifying thg registration.
execution and place of execution thereof, and verifying the copy, are
brought into the Consulate and the copy and affidavit are left there
131. If a deed or other instrument of mortgage is not registered at Time for
-the Consulate aforesaid within the respective time following, namely:— registration
(1) Within fourteen days after its execution, where it is executed in
the Consular district wherein the property mortgaged is situate ;
(2) Within two months after its execution, where it is executed in
China or Corea, elsewhere than in that Consular district, or in
Weihaiwei or Hongkong;
(3) Within six months after its execution, where it is execu'ted else-
where than in China, Corea, Weihaiwei or Hongkong ;
then, and in every such case, the mortgage debt secured by the deed or
other instrument and the interest thereon shall not have priority over
judgment or simple contract debts contracted before the registration of
that deed or other instrument.
132. Registered deeds or other instruments of mortgage, legal or
equitable, of the same lands or houses have, as among themselves,
priority in order of registration.
133. His Majesty’s Minister may, with the approval of the Secretary Rules forof
of State, make Rules for prescribing and regulating the making and indexes
keeping of indexes, and of a general index, to the register of mortgages, mortgages.
and searches in those indexes, and other particulars connected with the
making, keeping, and using of those registers and indexes, and for
authorizing and regulating the unregistering of any deed or other
instrument of mortgage, or the registerings of any release or satisfaction
jn respect thereof.
Bill of Sale.
134. The provisions of this Order relating to bills of sale:— Towha thisbill
(1) Apply only to such bills of sale executed by British subjects as ofOrder
saleapplies.
are intended to affect chattels in China or Corea;
(2) Do not apply to bills of sale given by sheriffs or others under
or in execution of process authorizing seizure of chattels.
135. —(1) Every bill of sale must conform bill ofwith
Contentssale.of the foll
namely
(а) It must state truly the name, description, and address of the
grantor.
(б) It must state truly the consideration for which it is granted.
(c) It must have annexed thereto or written thereunder an inventory
of the chattels intended to be comprised therein.
(d) Any defeasance, condition, or declaration of trust affecting the
bill not contained in the body of the bill must be written on“
the same paper as the bill.
(e) The execution of the bill must be attested by a credible witness,
with his address and description.
(2) Otherwise, the bill is void in China and in Corea to the extent,
following, but not further, that is to say:—
318 ORDERS IN COUNCIL
(a.) • In the case of failure to conform with the rule respecting
an inventory, as far as regards chattels omitted from the
inventory; and
(b) In any other case, wholly.
(3) The inventory, and any defeasance, condition, or declaration as
aforesaid, respectively, is for all purposes deemed part of the bill.
136. A bill of sale conforming, or appearing to conform, with the
foregoing rules, may be registered, if it is intended to affect chattels in
China or Corea, at the Supreme Court or at the Consulate of the
Consular district wherein the chattels are, within the respective time
following and not afterwards, namely:—
(1) Within fourteen days after its execution, where it is executed
in the Consular district wherein the chattels are;
(2) Within two months after its execution, where it is executed in
China or in Corea elsewhere than in that Consular district, or
in Weihaiwei or Hongkong;
(3) Within six months after its execution, where it is executed else-
where than in China, Corea, Weihaiwei, or Hongkong.
Mode of
registering 137. Eegistration is made as follows:—The original and a copy of
the bill of sale, and an affidavit verifying the execution, and the time
and place of execution, and the attestation thereof, and verifying the
copy, are brought into the‘proper office of the Court or the Consulate ^
and the copy and affidavit are left there.
Penaltytofor
failure 138. If a bill of sale is not registered at a place and within the time
register. by this Order appointed and allowed for registration thereof, it is, from-
and after the expiration of that time, void in China or in Corea, according
as that place is in China or in Corea, to the extent following, but not
further, that is to say:—
(1) As against trustees or assignees of the estate of the grantor, irs
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 suck
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.
Priori!}. 139. Kegistered bills of sale affecting the same chattels have as
among themselves priority in order of registration.
Effect
caseofofbill
inbankruptcy. 140. Chattels comprised in a registered bill of sale are not in the
possession, order, or disposition of the grantor within the law of bank-
ruptcy.
Subsequent
bill covering 141. If in any case there is an unregistered bill of sale, and within
or on the expiration of the time by this Order allowed for registration
thereof, a subsequent bill of sale is granted affecting the same or some
of the same chattels, for the same or part of the same debt, then the
subsequent bill is, to the extent to which it comprises the same chattels
and is for the same debt absolutely void, unless the Court is satisfied that
the subsequent bill is granted in good faith for the purpose of correcting
some material error in the prior bill, and not for the purpose of unlawfully
evading the operation of this Order.
Time for
renewal 142. The registration of a bill of sale must be renewed once at least
every five years.
Mode of
renewal. 143. Renewal of registration is made as follows:—An affidavit stating
the date of and parties to the bill of sale, and the date of the original
H.B.M, SUBJECTS IN CHINA*AND COREA 319
•registration, and of the last renewal, and that the bill is still a subsisting
security, is brought in to the proper office of the Court or the Consulate
of original registration, and is left there.
144. If the registration of a bill of sale is not so renewed in any Failure to
period of five years, then on and from the expiration of that period the bill renew
is deemed to be unregistered.
145. The provisions of this Order relating to renewal apply to bills toApplication
of sale registered under the Orders in Council repealed by this Order. Transfer billssubsisting
of
146. A transfer or assignment of a registered bill of sale need not
be registered; and renewal of registration is not necessary by reason only bills.
of such a transfer or assignment.
147. Where the time for registration or renewal of registration of a Expiration
bill of sale expires on a Sunday, or other day on which the office for
registration is closed, the registration or renewal is valid if made on the Sunday.
first subsequent day on which the office is open.
148. If in any case the Court is satisfied that failure to register or Failure tomay
to renew the registration of a bill of sale in due time, or any omission or beregister rectified.
mis-statement connected with registration or renewal, was accidental or
inadvertent, the Court may, if it thinks fit, order the failure, omission, or
mis-statement to be rectified in such manner and on such terms, if any,
•respecting security, notice by advertisement or otherwise, or any other
matter, as the Court thinks fit.
149. The provisions of this Order apply to a bill of sale executed Bills beforeexecuted
this
before the commencement of this Order. Order comes
150. The power conferred on the Judge of the Supreme Court by
this Order of framing Rules from time to time extends to the framing of Rules for
' Rules for prescribing and regulating the making and keeping of indexes, indexes to
and of a general index, to the registers of bills of sale and searches in register of
. those indexes, and other particulars connected with the making, keeping,
and using of those registers and indexes, and for authorizing and regulating
the unregistering of any bill of sale, or the registering of any release or
satisfaction in respect thereof.
VII.—Foreign Subjects and Tribunals.
151. —(1) Where a foreigner desires Actions byto institu
the Court an action against a British subject, or a British subject desires and against
to institute or take in the Court an action against a foreigner, the Court foreigners.
shall entertain the same, and shall hear and determine it, according to
the ordinary course of the Court.
(2) Provided that the foreigner, if so required by the Court, first obtains
and files in the Court the consent in writing of the competent authority
on behalf of his own nation to his submitting, and does submit, to the
jurisdiction of the Court, and, if required by the Court, give security to
the satisfaction of the Court, and to such reasonable amount as the Court
thinks fit, by deposit or otherwise, to pay fees, damages, costs, and expenses,
and abide by and perform such decision as shall be given by the Court
or on appeal.
(3) A cross-action or counter-claim shall not be brought in the
•Court against a plaintiff, being a foreigner.
(4) Where a foreigner obtains in the Court an order against a
defendant being a British subject, and in another suit that defendant is
plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on
the application of the British subject, stay the enforcement of the order
pending that other suit, and may set off any amount ordered to be paid
by one party in one suit against any amount ordered to be paid by the
other party in the other suit.
320 ORDERS IN COUNCIL
(5) Where a plaintiff, being a foreigner, obtains an order in the
Court against two or more defendants being British subjects jointly, and
in another action one of them is plaintiff and the foreigner is defendant,
the Court may, if it thinks fit, on the application of the British subject,
stay the enforcement of the order pending that other action, and may set
off any amount ordered to by paid by one party in one action against any
amount ordered to be paid by the other party in the other action, without
prejudice to the right of the British subject to require contribution from
his co-defendants under the joint liability. ,
(6) Where a foreigner is co-plaintiff in a suit with a British subject
who is within the particular jurisdiction, it shall not be necessary for the
foreigner to give security for costs, unless the Court so directs, but the
co-plaintiff British subject shall be responsible for all fees and costs.
Attendance
ofsubjects
British 152. —(1) Where it i
cular jurisdiction of a British subject to give evidence, or for any other
Chinese purpose connected with the administration of justice, is required in a
foreign or
Tribunals. Court of China or Corea, or before a Chinese or Corean judicial officer, or
in a Court or before a judicial officer of a State in amity with His
Majesty, the Court may, if it thinks fit, in a case and in circumstances-
in which the Court would require his attendance before the Court, order
that he do attend in such Court, or before such judicial officer, and for
such purpose as aforesaid.
(2) A Provincial Court, however, cannot so order attendance at any
place beyond its particular jurisdiction.
(3) If the person ordered to attend, having reasonable notice of the
time and place at which he is required to attend, fails to attend accord-
ingly, and does not excuse his failure to the satisfaction of the Court,
he shall (independently of any other liability) be guilty of an offence
against this Order.
Actions
British byin 153. When a British subject invokes or submits to the jurisdiction
subjects of a Chinese, Corean, or foreign Tribunal, and engages in writing to
Chinese or
foreign Court. abide by the decision of that Tribunal, or to pay any fees or expenses
ordered by such Tribunal to be paid by him, the Supreme Court, or any
Provincial Court may, on such evidence as it thinks fit to require,
enforce payment of such fees and expenses in the same manner as if they
were fees payable in a proceeding by such person in that Court, and shall
pay over or account for the same when levied to the proper Chinese,
Corean, or foreign authority, as the Court may direct.
Garnishee 154. —(1) The Supre
inproceedings
aid of of
judgment
British subject or foreigner who has obtained a judgment or order for the
recovery or payment of money in a foreign Court in China or Corea
foreign Court. against a person subject to the jurisdiction of that Court, and upon a
certificate by the proper officer of the foreign Court that such judgment
has been recovered or order made (specifying the amount), and that it is
still unsatisfied, and tha,t a British subject is alleged to be indebted to
such debtor and is within the jurisdiction, order that all debts owing or
accruing from such British subject (hereinafter called the garnishee) to
such debtor shall be attached to answer the judgment or order ; and by
the same or a subsequent order, may order the garnishee to pay his debt
or so much as may be sufficient to satisfy the judgment or order of the
foreign Court.
(2) The proceedings for the summoning of the garnishee, for the
ascertainment of his liability, and for the payment of money ordered by
the Court to be paid, and all matters for giving effect to this Article, may
be regulated by Buies of Court.
(3) An order shall not be made under this Article unless the Court
is satisfied that the foreign Court is authorized to exercise similar power
H.B.M. SUBJECTS IN CHINA AND COEEA 321
in the case of a debt due from a person subject to the jurisdiction of that
Court to a British subject against whom a judgment has been obtained in
a Court established under this Order.
YIlL—Regulations.
155. His Majesty’s Ministers in China and Corea shall 1 have power Kegulat
King’s ion&
collectively with respect to China and Corea or any parts thereof, or ' -
severally with respect to China or Corea, or any parts thereof as the case
may be, to make Regulations (to be called King’s Regulations) for the
following purposes, that is to say:—
(а) For the peace, order, and good government of British subjects
in relation to matters not provided for by this Order, and to
matters intended by this Order to be prescribed by Regulation.
(б) For securing the observance of any Treaty for the time being in
force relating to any place or of any native or local law or custom
whether relating to trade, commerce, revenue, or any other
matter.
(c) For regulating or preventing the importation or exportation in
British ships or by British subjects of arms or munitions of war,
or any parts or ingredients thereof, and for giving effect to any
Treaty relating to the importation or exportation of the same.
(d) For requiring returns to be made of the nature, quantity, and
value of articles exported from or imported into his district, * •
any part thereof, by or on account of any British subject who is
subject to this Order, or in any British ship, and for prescribing
the times and manner at or in which, and the persons by whom,
such returns are to be made.
(2) Any Regulations made under this Article may provide for
forfeiture of any goods, receptacles, or things in relation to which, or to
the contents of which, any breach is committed of such Regulations, or
of any Treaty or any native or local law or custom, the observance of which
is provided for by such Regulations.
(3) Any person committing a breach of any such Regulations shall,
in addition to any forfeiture prescribed thereby, be liable, on conviction,
to imprisonment, for a period not exceeding three months, or to a fine, or
to both.
(4) Any fine imposed for a breach of Regulations shall not exceed
.£50: Provided that where the breach is of any Regulation relating to
customs law, or to the importation or exportation of any goods, the fine
may extend to a sum equivalent to treble the value of the goods in relation
to which the breach is committed.
156. His Majesty’s Ministers in China and Corea respectively, in Municipal
the exercise of the powers aforesaid, may, if they think fit, join with the Re"ulations*
Ministers of any foreign Powers in amity with His Majesty in making or
adopting Regulations for the municipal government of a.ny foreign con-
cession or settlement in China or Corea as the case may be; and as regards
British subjects, such joint Regulations shall be as valid and binding as
if they related to British subjects only.
157. —(a) Regulations made or adopted under this Orde
have effect as respects British subjects unless and until they are approved Regulations,
by His Majesty the King, that approval being signified through the
Secretary of State—save that, in case of urgency declared in any such
Regulations, the same shall take effect before that approval, and shall
continue to have effect unless and until they are disapproved by His
Majesty the King, and until notification of that disapproval has been
received and published by His Majesty’s Minister in China or Corea as
the case may be.
11
322 ORDERS IN COUNCIL
(b) Any Regulations when so approved, and published as provided
by this Order, shall have effect as it contained in this Order.
Publicat'on of
Regulations. 158. —(1) All Regu
ing penalties or not, shall be printed, and a printed copy thereof shall be
affixed, and be at all times kept exhibited conspicuously, in the public office
of each Consulate in China and Corea.
(2) Printed copies of the Regulations shall be kept on sale at such
reasonable price as His Majesty’s Minister from time to time directs.
(3) A printed copy of any Regulationspux-porting to be made under
this Order, and to be certified under the hand of His Majesty’s Minister
in China or Corea, or under the hand and Consular seal of one of His
Majesty’s Consular officers in China and Corea, shall be conclusive evidence
of the due making of such Regulations.
Regulations. 159. The respective powers aforesaid extend to the making of
Regulations for the governance, visitation, care, and superintendence of
prisons in China or in Corea, for the removal of prisoners from one prison
to another, and for the infliction of corporal or other punishment on
prisoners committing- offences against the rules or discipline of a prison ;
but the provisions of this Order respecting penalties, and respecting the
printing, affixing, exhibiting, and sale of Regulations, and the mode of
trial of charges of offences against Regulations, do not apply to Regula-.
tions respecting prisons and offences of prisoners.
IX.—Miscellaneous.
Cost line may
be ooserved. 160. Nothing in this Order shall deprive the Court of the right to
observe, and to enforce the observance of, or shall deprive any person of
the benefit of, any reasonable custom existing in China or Corea, unless
this Order contains some express and specific provision incompatible with
the observance thereof.
Customary
poC^isu
versarof 161. Nothing in this Order shall prevent any Consular officer in
China or Corea from doing anything which His Majesty’s Consuls in the
dominions of any other State in amity with His Majesty are, for the time
being, by law, usage, or sufferance, entitled or enabled to do.
Registration
of British 162. —(1) Every B
subjects. year, register himself at the Consulate of the Consular district within
which he is resident: Provided that—
(a) The registration of a man shall comprise the registration of bis
wife, if living with him ; and
(b) The registration of the head of a family shall be deemed to com-
prise the registration of all females and minors being his rela-
tives, in whatever degree* living under the same roof with him
at the time of his registration.
(2) The Consular officer may, without fee, register any British sub-
jects being minors living in the houses of foreigners.
(3) Every British subject arriving at a place in China or Corea
where there is a Consular office, unless borne on the muster-roll of a
British ship there arriving, shall, on the expiration of one month after
arrival, be deemed, for the purposes of this article, to be resident, and
shall register himself accordingly.
(4) A person shall not be required to register himself oftener than
once in a year, reckoned from the 1st January.
(5) The Consular officer shall yearly give to each person registered
by him a certificate of registration, signed by him and sealed with his
Consular seal.
(6) The name of a wife, if her registration is comprised in her
husband’s, shall, unless in any case the Consular officer sees good reason
to the contrary, be indorsed on the husband’s certificate.
SUBJECTS IN CHINA AND COREA 323
(7) The names and descriptions of females and minors whose
registration is c omprised in that of the head of the family shall, unless in
any case the Consular officer sees good reason to the contrary, be indorsed
on the certificate of the head of the family.
(8) It shall be lawful by King’s Regulations to require that every
person shall, on every registration of himself, pay such fee as may therein
be prescribed, not exceeding 2 dollars in China and 2 yen in Corea; and
such Regulations may provide that any such fee may either be uniform
for all persons, or may vary according to the position and circumstances
of different classes.
(9) The mode of registration may be prescribed by King’s Regula-
tions, but if no other mode is so prescribed, every person by this Order
required to register himself or herself shall, unless excused by the Con-
sular officer, attend personally for that purpose at the Consulate on each
occasion of registration.
(10) If any person fails to comply with the provisions of this Order
respecting registration, and does not excuse his failure to the satisfaction
of the Consular officer, he or she shall be guilty of an offence against
this Order, and any Court or authority may, if it thinks fit, decline to
recognize him as a British subject.
163. Section 48 of the Conveyancing and Law of Property Act, 1881 Deposit of
(which relates to the deposit of instruments creating powers of attorney
in the Central Office of the Supreme Court in England or Ireland), shall attorney.
apply to China and Corea with these modifications, that is to say: the
Office of the Supreme Court is substituted for the Central Office, and
Rules of Court under this order are substituted for General Rules.
164. All fees, fines, penalties, and other sums of money which, un- Rates of for
der the provisions of this Order or any Regulations or Rules of Court, exchange
payment
are stated or imposed in terms of British currency, shall, if not paid fees, fines,of&c.
in British gold, be paid in China in British or Mexican dollars at the
rate of exchange fixed periodically by the Treasury; in Corea, in
Japanese currency at the rate of 10 yen to the pound sterling.
The said rates of exchange shall apply to the ascertainment of the
value of any income for any purpose of qualification or of any limitation
or security, in any case where this Order or any Rule or Regulation con-
tains a reference to British currency.
165. Except as in this Order otherwise provided, all fees, dues,*fines, Accounting
fees, &c.of
and other receipts under this Order shall be carried to the public fines,
account, and shall be accounted for and paid as 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 Judge ofbythe
Supreme Court shall send to the Secretary of State a report on the Report
operation of this Order up to the 31st December of the preceding year, Supreme
showing for the then last twelve months the number and nature of the Court.
proceedings, criminal and civil, taken in the Court under this Order,
and the result thereof, and the number and amount of fees received, and
containing an abstract of the registration list, and such other informa-
tion, and being in such form, as the Secretary of State from time to time
directs.
167. Each Provincial Court shall at such time as may be fixed by Report by
Rules of Court furnish to the Supreme Court an annual report of every Provincial
case, civil and criminal, brought before it, in such form as the Supreme Court.
Court directs.
168. —(1) A printed copy of this OrderOrder. shall be always
ed in a conspicuous place in each Consular office and in each Court-house. Publication
(2) Printed copies shall be sold at such reasonable price as the
Supreme Court directs.
11*
ORDERS IN COUNCIL
(3) Judicial notice sliali > taken of this Order, and of the com-
mencement thereof, and of tli*i* appomtment 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 acd be applied for all purposes as if the Courts, districts,
and places to which this Order applies were in a British Colony. ■
Repeal. 169.—(1) The Orders in Council mentioned in the‘Schedule to this
Order are hereby repealed, but this appeal shall not—
(a) AfEect 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 under
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.
Commence- 170.—(1) This Order shall take effect on such day not less than one
Order.0* month
office ,ofnor
themore than Court
Supreme three months after itas isthefirstMinister
at Shanghai, exhibited
shallin the
by public
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.
(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.
H.B.M. SUBJECTS IN CHINA AND COREA 325
(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.
171. This Order may be cited as “ The China and Corea Order in short title.
Oouncil, 1904.”
A. W. Fitzkoy.
SCHEDULE.
Orders Repealed.
The China and Japan Order in Council, 1865.
The China and Japan Order in Council, 1877.
The China and Japan Order in Council, 1878.
The China and Japan Order in Council, 1881.
The China, Japan, and Corea Order in Council, 1884.
The China, Japan, and Corea Order in Council, 1884 (Supplemental).
The China, Japan, and Corea Order in Council, 1886.
The China, Japan, and Corea Order in Council, 1886 (No. 2).
The China and Japan Order in Council, 1898.
The China, Japan, and Corea (Supreme Court) Order in Council, 1899.
THE CHINA AND COREA (AMENDMENT) ORDER IN
COUNCIL, 1907
At the Court at Buckingham Palace, the 11th day oe February, 1907
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 within the dominions of the Emperor of China and the
Emperor of Corea:
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
-behalf by “The Foreign Jurjsdiction 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 and Corea (Amendment) Order in
Council, 1907,” and shall be read as one with “ The China and Corea Order in
-Council, 1904,” hereinafter referred to as the “ Principal Order.”
2. —(1) Where one or more commissioned Con
Consular district assigned to another commissioned Consular officer, the Minister
may, if he think fit, appoint such commissioned Consular officer or officeis to whom
'no district is assigned to be an additional Judge or additional Judges of the
Provincial Court of the district. .
326 THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1907
(2) Where an officer is so appointed he shall hear and determine such matters,
civil and criminal, being within the jurisdiction of a Provincial Court, as the Consular
officer to whom the district is assigned, with the sanction of the Judge of the Supreme
Court, directs.
(3) Where an officer is appointed under this Article he may sit at the same time
and place as the Consular officer to whom the district is assigned, or in a different
place, and each sitting shall be deemed a sitting of the Provincial Court of the district,
3. The following Article shall be substituted for Article 69 of the Principal
Order:—
Any act which, if done in the United Kingdom or 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:—
(а) The Merchandize Marks Act, 1887;
(б) The Patents, Designs, and Trade-marks Acts, 1883 to 1902;
(c) The Trade Marks Act, 1905;
(d) Any Statute amending or substituted for any of the above-mentioned
Statutes;
(e) Any Statute, or Order in Council for the time being relating to copy-
right, or to inventions, designs, or trade-marks, of which a copy is
kept exhibited in the public offices of the Consulates at Shanghai and
Seoul, and is there open for inspection by any person at all reason-
able times;
shall, if done by a British subject in China or Corea, be punishable as a grave
offence against the Principal Order, whether such act is done in relation to any pro-
perty or right of a British subject, or of a foreigner or native, or otherwise howsoever
Provided:—
(1) That no person shall be punished under this Order for an act which would
be an offence against any Act, Statute, or Order in Council, the exhibition of which i»
required by paragraph (e) above, unless such exhibition had commenced not less than
one month before the act took place, or unless the person offending is proved to have
had express notice of such Act, Statute, or Order in Council.
(2) That a prosecutio i by or on behalf of a prosecutor who is not a British
subject shall not be entertained, unless either (a) an arrangement is in force between
His Majesty’s G-overnment and the Government of the State or Power to which the
prosecutor belongs, or (b) the Court is satisfied that effectual provision exists for the
punishment in Consular or other Courts in China or Corea of similar acts committed
by the subjects of such State or Power in relation to or affecting the interests of
British subjects. Where such an arrangement is in force the Minister may issue a
notification to that effect, and the Court shall take judicial notice thereof.
4. No action shall be brought for the protection of any copyright, trade-mark,
patent, or design by any person who is not a British subject, unless either (a) an
arrangement is in force between His Majesty’s Government and the Government of
the State or Power to which the plaintiff belongs, or (5) the Court is satisfied that
effectual provision exists for the protection in Consular or other Courts in China or
Corea of the rights and interests of British subject in copyrights, 'trade-marks,
patents, and designs infringed by the subjects of such State or Power.
Where such an arrangement is in force the Minister may issue a notification to
that effect, and the Court shall take judicial notice thereof.
5. The following Article shall take effect instead of Article 75 of the Principal
Order :—
(1) 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 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, and in default thereof, or on a further conviction'
for the offence, he may be ordered to be deported.
THE CHINA AKD COREA (AMENDMENT) ORDER IN COUNCIL, 1907 327
(2) Where any printed or written newspaper or other publication containing
seditious matter is printed, published, or offered for sale within the limits of the
Order by a Company registered in the United Kingdom or in a British possession,
the Court may, after notice to the Company, and on proof of the facts, require the
Company to give security to abstain from such printing, publishing, or offering for
sale in future. If the Company fail to give security, or if the Company is shown to
have again printed, published, or offered for sale such newspaper or other publica-
tion containing seditious matter after giving such security, the Court may make an
■order prohibiting the Company from carrying on business within the limits of the
Order, and may make such other orders as to the Court may seem just. The Court
may also declare all the property of the Company within the limits of the Order to
be forfeited to His Majesty the King, and shall dispo-e of it, subject to any general
or special directions of the Secretary of State, as it thinks fit.
(3) Matter calculated to excite tumult or disorder, or to excite enmity between
His Majesty’s subjects and the Government of China or the Government of Corea,
or the authorities or subjects of any Power in amity with His Majesty, being within
the limits of this Order, or batween the Government of China and its subjects, or the
Government of Corea and its subjects, shall be deemed to be seditious matter within
the meaning of this Article.
(4) Jurisdiction under this Article shall not be exercised except by the Supreme
Gourt.
6. The following Article shall be substituted for Art. 84 of the Principal Order:—
Where any person is deported to any place to which he can most conveniently
be sent through Hongkong, and it is necessary to land and tranship him at Hong-
kong, he shall, on his arrival there, be delivered, with the warrant under which he
is deported, into the custody of a Magistrate of Police at Hongkong, who, on receipt
of the person deported and of the warrant, shall detain him, and shall forthwith
report the cse to the Governor of Hongkong, who shall, by warrant, cause the
person so deported to be detained in custody until a convenient opportunity occurs
for sending him to the place to which he has been deported, and shall then s-nd him
to that place.
7. Where a case is stated under Article 85 of the Principal Order, the Judge
shall have power, save where the case has been stated by himself, to order that it
shall be heard and determined in the manner provided by Artie e 86 by himself
alone, instead of by the Full Court.
8. The following Article shall be substituted for Article 108 of the Principal
■Order:—
If any person named executor in a will takes possession of and administers or
otherwise deals with any part of the property of deceased, and does not obtain
probate within one month after the death or after the termination of any proceedings
respecting probate or administration, he shall be liable to pay double the amount of
any fees chargeable on obtaining probate, and he shall also be liable to a fine not
exceeding one hundred pounds.
9. Article 112 of the Principal Order shall be amended by the substitution of
the sum of one hundred pounds for the sum of fifty pounds therein mentioned.
10. Any person desirous of levying a distress for rent may apply to the Court
to appoint a bailiff to levy such distress, and the Court may thereupon, and upon the
applicant giving sufficient security to answer for any misconduct on the part of such
bailiff, appoint a person to act as bailiff to levy such distress.
11. The following Articles shall be substituted for Article 114 of the Principal
Order
(1) Any party to an action in the Supreme Court, other than an Admiralty
.action, or to an appeal to the Supreme Court, aggrieved by the decision of that
Court or by the verdict of a jury, may move the Supreme Court to re-hear such
.action or appeal.
828 THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1907
(2) The motion shall be heard by the Full Court unless the Judge of th&
Supreme Court otherwise orders.
(3) On such motion the Supreme Court may make any order that may be
made lay the Court of Appeal in England in the exercise of its ordinary appellate’
jurisdiction.
(4) An application for a rehearing shall be made within the prescribed time.
12. The following provision shall be substituted for Article 151 (1) of the
Principal Order:—
(1) Where a foreigner desires to institute or take in the Court an action against
a British subject, or a British subject desires to institute or take in the Court an
action against a foreigner, the Court shall entertain the same, and the action shall be
heard aud determined either by the Judge sitting alone or, if all parties consent or
the Court so directs, with a jury or assessors, but in all other respects according to
the ordinary procedure of the Court.
13. The following provision shall be substituted for Article 155 (3) of the
Order:—
Any person committing a breach of any such Regulations shall, on conviction,
be liable to the punishment, forfeiture, or fine therein prescribed, or, if no such
punishment or fine is prescribed, he shall be liable, on conviction, to imprisonment,
with or without hard labour, for a period not exceeding three months, or to a fine,
or to both. Regulations imposing penalties shall be so framed as to allow in every
case of part only of the highest penalty being imposed.
14. The following Article shall take effect instead of Article 157 of the Principal
Order
King’s Regulations and Municipal Regulations made or adopted under Articles
155 and 156 of the Principal Order shall not have effect unless and until they are
approved by a Secretary of State, save that in case of urgency declared in any such
Regulations the same shall take effect before that approval, and shall continue to
have effect unless and until they are disapproved by a Secretary of State, and until
notice of that disapproval has been received and published by the Minister.
15. Every Consular officer shall, as far as there is proper opportunity, promote
reconciliation and encourage and facilitate the settlement in an amicable way, and
without recourse to litigation, of matters in difference between British subjects, or
between British subjects and foreigners in China or Corea.
16. “ The China, Japan, and Corea (Patents) Order in Council, 1899,” “ The
China and Corea (Supreme Court) Order in Council, 1900,” and the following
Articles of the Principal Order are hereby repealed, viz.:—Articles 27, 69, 75,
84, 108, 114, 151 (1), 155 (3), 157; but this repeal shall not (a) affect the past
operation of such Orders or such Articles, or any right, title, obligation, or liability
thereunder, or (6) interfere with the institution or prosecution of any legal proceed-
ings thereunder.
And the Right Honourable Sir Edward Grey, Bart,, one of His Majesty’s
Principal Secretaries of State, is to give the necessary direction herein.
A. W. Fitzeot.
Note,—His
amending Maje-ty1907,
Order into Council, having ceased
that allto references
be represented in CoreaOrder
by ato Minister, an
shall be deemed be references todirects
the Consul-General. in the Principal the Minister
THE CHINA AND COHEA (AMENDMENT) ORDER
IN COUNCIL, 1909
Issued October, 1909
1. This Order may he cited as “The China and Corea (Amendment) Order in
Council, 1909,” and shall he read as one with “The China and Corea Order in
Council, 1904,” hereinafter referred to as the “ Principal Order.”
2. In place of that contained in Article 5 of “ The China and Corea (Amend-
ment) Order in Council, 1907,” the following Article shall take effect instead of
Article 75 of the Principal Order :•*-
(1.) Every person subject to the criminal j urisdiction of the Court who prints,
publishes, or offers for sale any printed or written newspaper or other publication
containing seditious matter 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 either
to give security for good behaviour or to be deported.
(2) Where any printed or written newspaper or other publication containing
seditious matter is printed, published, or offered for sale within the limits of the
Principal Order by a Company registered in the United Kingdom or in a British
possession, the Court may, after notice to the Company, and on proof of the facts,
require the Company to give security to abstain from such printing, publishing, or
offering for sale in future. If the Company fail to give security, or if the Company
is shown to have again printed, published, or offered for sale such newspaper or
other publication containing seditious matter after giving such security, the Court
may make an order prohibiting the Company from carrying on business withinthe
limits of the Order, or may make such other orders as to the Court may seem just.
The Court may also declare all the property of the Company within the limits of the
Order to be forfeited to His Majesty the King, and shall dispose of it, subjectto any
, general or special directions of the Secretary of State, as it thinks fit.
(3.) Matter calculated to excite tumult or disorder, or to excite enmity between
His Majesty’s subjects and the Government of China, or the Government of Corea,
or the authorities or subjects of any Power in amity with His Majesty, being within
the limits of this Order, or between the Government of China and its subjects or the
Government of Corea and its subjects, shall be deemed to be seditious matter within
the meaning of this Article.
(4.) An offence against this Article shall not be tried except on a charge and by
the Supreme Court.
(5.) Notwithstanding anything contained in the Principal Order, the charge
may, for reasons to be recorded on the minutes, be heard and determined before a
Judge sitting without a jury or assessors.
3. —(1.) The power of His Majesty’s Minister in China
tions under Article 155 of the Principal Order, or to join with the Ministers of any
foreign Powers in amity with His Majesty in making or adopting municipal Regula-
tions under Article 156 of the Principal Order, shall extend to making, or joining in
making or adopting, Regulations for the creation, maintenance, discipline, and control
•of a police force for any foreign Concession or Settlement in China.
(2.) Such Regulations may provide for the dismissal, fine (not exceeding one
month’s pay), confinement to barracks, reduction in rank, class, or seniority, suspen-
sion or removal from special duty, of any member of the force by the person for the
time being in command thereof.
(3.) The Minister may also issue to such person a warrant empowering him
while in command of the force to inflict summary punishment upon members of the
force by imprisonment with hard labour for a period not exceeding fifteen days.
'Such warrant may be at any time withdrawn.
330 THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1910
(4.) Any fine inflicted under this Article shall be paid, after deduction of the
costs incurred in the imposition or recovery thereof, to the authority by whom the-
police force is paid.
4. Article 5 of “The China and Corea (Amendment) Order in Council, 1907,’r
is hereby repealed, but this repeal shall not (a) affect the past operation of such
Article, or apy right, title, obligation, or liability thereunder, or (b) interfere with
the institution or prosecution of any legal proceeding thereunder.
And the Eight Honourable Sir Edward Grey, Baronet, one of His Majesty’s-
Principal Secretaries of State, is to give the necessary directions herein.
Almeric Fitzroy.
THE CHINA AND CO EE A (AMENDMENT) ODDER
IN COUNCIL, 1910
Issued November, 1910
1. That this Order may be cited as “The China and Corea (Amendment) Order
in Council, 1910” and shall be read as one with the China and Corea Order in
Council, 1904, hereinafter referred to as “ The Principal Order ” and the Principal
Order, the China and Corea (Amendment) Order in Council, 1907, the China and
Corea (Amendment) Order in Council, 1909, and this Order may be cited together as
the China and Corea Orders in Council, 1904 to 1910.
2—(1) Where a British subject is sentenced to imprisonment for a term of not less
than six months, the Court may, as part of the sentence, order that he be deported.
(2) Article 8?5, sub-articles 4 to 11, of the Principal Order and Article 6 of the
China and Corea (Amendment) Order in Council, 1907, shall apply to deportations
under this Article.
3. Where a person not belonging to Hongkong is sentenced to imprisonment
and deportation under Article 2, and is sent for imprisonment to Hongkong, the
Governor of Hongkong shall, if lawfully empowered thereto, deport such person to
the place to which he was ordered by the Court to be deported; and if not so em-
powered the Governor shall cause such person to be sent back to Shanghai.
4. —(1) Where a warrant is issued by the Minister to the pe
being in command of the police force in any foreign concession or settlement in
China as provided in Article 3, sub-article 3, of the China and Corea Amendment
Order in Council, 1909, the jurisdiction authorized by the said warrant shall be
exercised in conformity with and shall be subject to such rules as the Judge of the
Supreme Court, with the apjiroval of the Secretary of State, may make, and pending
the issue of such rules, such of the China and Corea Eules of Court, 1905, as the
Judge may direct.
(2) A monthly return of all summary punishments inflicted by the person
holding such warrant shall be sent to the Judge of the Supreme Court.
5. —(1) A warrant issued by the Minister under Article 3, s
China and Corea (Amendment) Order in Council, 1909, to the person for the time
being in command of a police force in any foreign concession or settlement in China
may empower such person while in command of the force to inflict summary punish-
ment upon members of the force by detention for a period not exceeding fifteen days
in such place as may be provided as a detention barrack by the authority by whom
the force is paid.
(2) Any warrant or King’s Eegulation issued under Article 3 of the China and
Corea (Amendment) Order in Council, 1909, in force at the date of this order,
authorizing a sentence of imprisonment, shall be deemed to authorize a sentence
either of imprisonment or of detention.
(3) For the purposes of this Article “detention” and “detention barrack"
shall have the same meaning as in the Army Act.
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913
At the Court at Buckingham Palace, the 12th day of August, 1913
Present.- —
The King's Most Excellent Majesty
Lord President Sir William Carington
Mr. Secretary Harcourt Mr. Fischer
Sir Louis Mallet.
Whereas by treaty, grant, usage, sufferance, or other lawful means, His Majesty
the King has jurisdiction within 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 (Amendm
1913,” 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 1910, may be cited together as “ The China Orders in Council,
1904 to 1913.”
2. —In this Order, unless the context otherwise requires :—
“Judgment” includes decree, order, sentence, or decision; “Record”
means the aggregate of papers relating to an Appeal to His Majesty in
Council (including the pleadings, proceedings, evidence and judgments)
proper to be laid before His Majesty in Council and on the hearing
of the Appeal;
“ Registrar ” includes the officer having the custody of the Records in the
Supreme Court.
3. —(1) Any person committing a breach of any Inter
approved by the Secretary of State under Article 74 of the Principal Order shall, on
conviction, be liable to the punishment, forfeiture, or fine therein prescribed, or, if
no such punishment or fine is prescribed, he shall be liable, on conviction, to
imprisonment with or without hard labour for a period not exceeding one month, or
to a fine not exceeding <£20.
(2) Where a fine is recovered for breach of such Regulations, and the Regula-
tions contain no provisions as to the manner in which it shall be disposed of and
applied, it shall be disposed of and applied in such manner as the Minister may
direct.
4. —In the application of the Perjury Act, 1911, by the
of its criminal jurisdiction on the principles of, and in conformity with, English law
for the time being under Article 35 (2) of the Principal Order, the words “ judicial
proceeding ” in the said Act shall be deemed to include a proceeding before a
Chinese Court or a Court in China of any State in amity with His Majesty.
S32 THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913
5. —If any person subject to the jurisdiction of the Court doe
relation to proceedings in a Chinese Court, or before a Chinese judicial officer, or in
a Court or before a judicial officer in China of any State in amity with His Majestyr
which, if done in the course of or in relation to, any proceedings in the Court, would
have been punishable as an offence, such person shall be guilty of an offence, and
shall be liable, on conviction, to such punishment as he would have been liable to if
the offence had been committed in the course of, or in relation to, proceedings in the
Court.
6. —When a British subject is accused of an offence, the cogniz
appertains to any Court established under the Principal Order, and it is expedient
that the offence be enquired of, tried, determined, and punished in a British
possession, the accused may (under “ The Foreign Jurisdiction Act, 1890,” section
6) be sent for trial to Lahore, and the Chief Court of the Punjab shall be the
authorized Court for the purposes of that enactment.
The Court may, where it appears to be so expedient, by warrant under the hand
of a Judge and the Seal of the Court, cause the accused to be sent for trial to Lahore
accordingly.
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 Lahore, according to the Warrant.
When any person is , to be so sent to Lahore, the Court before which he is
accused shall take the preliminary examination, and, if it seems necessary and
proper, shall bind over such of the proper witnesses as are British subjects in their
own recognizances to appear and give evidence at the trial.
Nothing in this Article shall affect the operation of Article 60 of the Principal
Order.
Appeals in Criminal Cases.
7. —Any person who is convicted of an offence on a trial under
the Principal Order, or who is sentenced on a conviction for an offence under Article
48 of the Principal Order, to be imprisoned without the option of a fine, may appeal
to the Full Court—
(i.) Against his conviction—
(а) On any ground of appeal which involves a question of law alone; or
(б) With the leave of the Full Court, or fipon the certificate of the Court
which tried him, that it is a fit case for appeal, against his conviction
on any ground of appeal which involves a question of fact alone, or a
question of mixed law and fact; or
(c) With the leave of the Full Court o^ any other ground which appears to
the Full Court to be a sufficient ground of appeal.
(ii.) With the leave of the Full Court, against the sentence passed on his con-
viction, unless the sentence is one fixed by law.
8. After the hearing and determination at a summary trial under Article 48 of
the Principal Order of any information or complaint, either party to such summary
trial may, if dissatisfied with the said determination as being erroneous in point of
law, appeal to the Full Court.
9. —(1) When a person desires to appeal to the Full Court under
he shall give notice of his appeal, or of his application for leave to appeal, to the
Court against whose judgment or sentence he desires to appeal, in such manner as
may be prescribed, within seven days of the date of his conviction,oi; of the deter-
mination of an information or complaint.
(2) An appellant may, in such manner as may be prescribed, pr.eseot .his case
and his argument in writing, and deliver the same to the Eegistrar of fhe Couyf be-,
fore which the trial took place. The respondent may in liko. mannof PLesenf his
THE CHINA. (AMENDMENT) ORDER IN COUNCIL, 1913 333
case and argument in writing, and deliver the same to the Registrar of the said
Court.
(3) Such Court shall thereupon send under the seal of the Court to the Re-
gistrar of the Supreme Court the notice, the case, and the1 argument, if any, and a
report by tlie Judge who presided at the trial, together with such other papers and in
such manner as may be prescribed.
(4) Where the trial took place before a Judge of the Supreme Court, sitting
elsewhere than at Shanghai, the papers may be transmitted to the Registrar of the
Supreme Court through the Provincial Court of the distr ct.
10. Where notice is given under Article 9, the Court before which the trial was
had may, as it thinks fit, either postpone judgment on thS conviction or respite exe-
cution of the judgment, and either commit the person convicted to prison or take
security for him to come up for judgment, or to deliver himself for execution of the
judgment (as the case may require) at an appointed time and place.
11. An appellant shall not be entitled to be present at the hearing of an Anpeal
except by leave of the Full Court, or of the Court before which he was convicted.
12. —(1) Appeals under Articles 7 and 8 of this Order s
mined by the Full Court.
(2) In the hearing and determination of such Appeals the Full Court shall, so
far as circumstances admit, follow the practice of the Court of Criminal Appeal in
England and the provisions contained in sections 1 (5), 4, 5, 6, 8, 9, 11 (2), 14 (2)
(3), 17, and 21 of the Criminal Appeal Act, 1907, or of any law amending or sub-
stituted for the same. ,
(3) Provided that the Full Court shall not annul a conviction or sentence, or
vary a sentence, on the ground—
(a) Of any objection which, if slated during the trial, might, in the opinion
of the Court, have been properly met by amendment at the trial; or
(b) Of any error in the summoning of the jury or the assessors; or
(c) Of any person having served as a juryman or an assessor who was not
qualified; or
(d) Of any objection to any person as a juryman or assessor which might
have been raised before or at the trial; or
(e) Of any informality in the swearing of any witness; or
(/) Of any error or informality which, in the opinion of the Court, did not
affect the substance of the case or subject the convicted person to any
undue prejudice.
(4) The Full Court shall not award costs to either side in an Appeal under this
part of the Order save in an Appeal under Article 8.
13. The power of the Judge of the Supreme Court, under Article 119 of the
Principal Order, to make rules of Court shall extend to rules for the purpose of re-
gulating the manner of presenting Appeals, as to the papers which are to be sent to
the Full Court, and the transmission of the same, and generally as to the conduct of
Appeals and all matters connected therewith.
14. Article 52 of the Principal Order shall apply to all proceedings before the
Full Court under this Order.
15. When notice has been given of any Appeal or application for leave to appeal,
the Judge of the Supreme Court shall, save where the trial took place before himself,
have power, for reasons to be recorded in the minutes, to order that it shall be heard
and determined or dealt with, in the manner provided in this Order by himself alone
instead of by the Full Court.
16. Where a person is convicted of any offence before any Court, if the Judge
of such Court thinks fit to reserve for the consideration of the Full Court any ques-
tion of law arising at the trial, he shall state a case, setting out the facts and the
334 THE CHINA (AMENDMENT) OKDtfR IN COUNCIL, 1913
grounds of the conviction, and the question of law, and send or deliver it to the Re-
gistrar of the Supreme Court.
The jurisdiction of the Full Court under this Article shall be exercised subject
to the provisions of this Order.
17. There shall be no Appeal in a criminal case to His Majesty the King in
Council from a decision of the Full Court or from a decision of the Judge alone
under Article 15, except by special leave of His Majesty in Council.
18. Reports to the Minister under Article 64 of the Principal Order of sentences
of death shall not be sent until the expiration of the time allowed for an Appeal, or
for applying for leave to appeal, against the conviction, or, if there is an Appeal,
until the determination of the Appeal.
Appeals to His Majesty in Council.
19. Subject to the provisions of this Order, an Appeal shall lie to His Majesty
in Council—
(1) As of right, from any final judgment of the Supreme Court made in a
civil action, where the matter in dispute on the Appeal amounts to or
is of the value of =£500 or upwards, or where the Appeal involves,
directly or indirectly, some claim or question to or respecting property
or some civil right amounting to or of the value of .£500 or upwards;
and
(2) At the discretion of the Supreme Court, from any other judgment of
the Supreme C@urt, whether final or interlocutory, if, in the opinion of
the Supreme Court, the question involved in the Appeal is one which,
by reason of its great general or public importance or otherwise, ought
to be submitted to His Majesty in' Council for decision.
20. Applications to the Supreme Court for leave to appeal shall be made by
motion within fifteen days from the date of the judgment to be appealed from, and,
unless the application is made in Court at the time when such judgment is given,
the applicant shall give the opposite party notice of his intended application.
21. Leave to appeal under Article 13 shall only be granted by the Supremo
Court in the first instance—
(a) Upon condition of the appellant, within two months from the date of
the hearing of the application for leave to appeal, giving security, to
the satisfaction of the Court, to an amount not exceeding £500, for the
due prosecution of the Appeal, and for the payment of all such costs
as may become payable to the respondent in the event of the appellant’s
not obtaining an order granting him final leave to appeal, or of the
Appeal being dismissed for non-prosecution, or of His Majesty in
Council ordering the appellant to pay the respondent’s costs of the
Appeal (as the case may be); and
(b) Upon such other conditions (if any) as to the time or times within
which the appellant shall take the necessary steps for the purpose of
procuring the preparation of the Record and the dispatch thereof to
England as the Court, having regard to all the circumstances of the
case, may think it reasonable to impose.
22. Where the judgment appealed from requires the appellant to pay money or
perform a duty, the Supreme Court shall have power, when granting leave to appeal,
either to direct that the said judgment shall be carried into execution or that the
execution thereof shall be suspended pending the Appeal, as to the Court shall seem
just, and in the case the Court shall direct the said judgment to be carried into
execution, the person in whose favour it was given shall, before the execution thereof,
enter into good and sufficient security, to the satisfaction of the Court, for the due
performance ofsuch order as His Majesty in Council shall think fit to make thereon.
THE CHINA (AMEND VIE NT) OKDER IN COUNCIL, 1913 335
23. The preparation of the Record shall be subject to the supervision of the
Supreme Court, and the parties may submit any disputed question arising in con-
nection therewith to the decisions of the Court, and the Court shall give such direc-
tions thereon as the justice of the case may require.
24. The Registrar, as well as the parties and their legal agents, shall e ndeavour
to exclude from the Record all documents (more particularly such as are merely
formal) which are not relevant to the subject-matter of the Appeal, and, generally,
to reduce the bulk of the Record as far as practicable, taking special care to avoid
the duplication of documents and the unnecessary repetition of headings and other
merely formal parts of documents; but the documents omitted to be copied or printed
shall be enumerated in a list to be placed alter the index or at the end of the Record.
25. Where in the course of the preparation of a Record one party objects to the
inclusion of a document on the ground that it is unnecessary or irrelevant, and the
other party nevertheless insists upon its being included, the Record, as finally
printed, shall, with a view to the subsequent adjustment of the costs of and incidental
to such document, indicate in the index of papers, or otherwise, the fact that, and
the party by whom, the inclusion of the document was objected to.
26. The Record shall be printed in accordance with the rules in the Schedule
to this Order, and may be printed either locally or in England.
27. Where the Record is printed locally the Registrar shall, at the expense of
the appellant, transmit to the Registrar of the Privy Council forty copies of such
Record, one of which copies he shall certify to be correct by signing his name on,
or initialling, every eighth page thereof, and by affixing thereto the seal of the
Supreme Court.
28. Where the Record is to be printed in England, the Registrar shall, at the
expense of the appellant, transmit to the Registrar of the Privy Council one certified
copy of such Record, together with an index of all the papers and exhibits in the
case. No other certified copies of the Record shall be transmitted to the agents in
England by or on behalf of the parties to the Appeal.
29. Where part of the Record is printed locally and part is to be printed in
England, Articles 21 and 22 shall, as far as practicable, apply to such parts as are
printed locally and such as are to be printed in England respectively.
30. The reasons given by the Judge, or any of the Judges, for or against any
judgment pronounced in the course of the proceedings out of which the Appeal arises,
shall, unless they are included in the Record, be communicated in writing by such
Judge or judges to the Registrar, and shall by him be transmitted to the Registrar
of the Privy Council at the same time when the Record is transmitted.
31. Where there are two or more applications for leave to appeal arising out of
the same matter, and the Supreme Court is of opinion that it would be for ■fhe con-
venience of the Lords of the Judicial Committee and all parties concerned that the
Appeals should be consolidated, the Court may direct the Appeals to be consolidated
and grant leave to appeal by a single order.
32. An appellant, who has obtained an order granting him conditional leave to
appeal, may at any time prior to the making of an order granting him final leave to
appeal withdraw his Appeal on such terms as to costs and otherwise as the Supreme
Court may direct.
33. Where an appellant, having obtained an order granting him conditional leave
to appeal, and having complied with the conditions imposed on him by such order,
fails thereafter to apply with due diligence to the Supreme Court for an order grant-
ing him final leave to appeal, the Court may, on an application in that behalf made
by the respondent, rescind the order granting conditional leave to appeal, notwith-
standing the appellant’s compliance with the conditions imposed by such order, and
may give such directions as to the costs of the Appeal and the security entered into
336 THE CHINA (AMENDMENT) ORDER IN-COUNCIL, 1913
by the appellant as the Court shall think fit, or make such further or other order in
the premises as, in the opinion of the Court, the justice of the case requires.
34. On an application for final leave to appeal, the Supreme Court may inquire
whether notice, or sufficient notice, of the application has been given by the appellant
to all parties concerned, and, if not satisfied as to the notices given, may defer the
granting of the final leave to appeal, or may give such other directions in the matter
as, in the opinion of the Court, the justice of the case requires.
35. An appellant who has obtained final leave to appeal shall prosecute his
Appeal in accordance with the rules for the time being regulating the general practice
and procedure in Appeals to His Majesty in Council.
36. Where an appellant, having obtained final leave to appeal, desires, prior to
the dispatch of the Record to England, to withdraw his Appeal, the Supreme Court
may, upon an application in that behalf made by the appellant, grant him a certificate
to the effect that the Appeal has been withdrawn, and the Appeal shall thereupon be
deemed, as from the date of such certificate, to stand dismissed without express Order
of His Majesty in Council, and the costs of the Appeal and the security entered into
by the appellant shall be dealt with in such-manner as the Court may direct.
37. Where an appellant, having obtained final leave to appeal, fails to show due
diligence in taking all necessary steps for the purpose of procuring the dispatch of
the Record to England, the respondent may, after giving the appellant due notice of
his intended application, apply to the Supreme Court for a certificate that the Appeal
has not been effectually prosecuted by the appella- t, and if the Court sees fit to grant
such a certificate, the Appeal shall be deemed, as from the date of such certificate, to
stand dismissed for non-prosecution without express Order of His Majesty in Council,
and the costs of the Appeal and the security entered into by the appellant shall be
dealt with in such manner as the Court may direct.
38. Where at any time between the order granting final leave to appeal and the
dispatch of the Record to England the Record becomes defective by reason of the
death, or change of status, of a party to the Appeal, the Supreme Court may, notwith-
standing the order granting final leave to appeal, on an application in that behalf
made by any person interested, grant a certificate showing who, in the opinion of the
Court, is the proper person to be substituted or entered on the Record in place of, or
in addition to, the party who has died, or undergone a change of status, and the name
of such person shall thereupon be deemed to be so substituted or entered on the Re-
cord as aforesaid without express Order of His Majesty in Council.
39. Where the Record subsequently to its dispatch to England becomes defective
by reason of the death, or change of status, of a party to the Appeal, the Supreme
Court shall, upon an application in that behalf made by any person interested, cause
a certificate to be transmitted to the Registrar of the Privy Council showing who, in
the opinion of the Court, is the proper person to be substituted, or entered, on the
Record, in place of, or in addition to, the party who has died or undergone a change
of status.
40. The Case of each party to the Appeal may be printed either locally or in
England, and shall, in either event, be printed in accordance with the rules in the
Schedule to this Order, every tenth line thereof being numbered in the margin, and
shall be signed by at least one of the Counsel who attends at the hearing of the
Appeal, or by the party himself if he conducts his Appeal in person.
41. The Case shall consist of paragraphs numbered consecutively, and shall state,
as Concisely as possible, the circumstances out of which the Appeal arises, the con-
tentions to be urged by the party, lodging the same, and the reasons of appeal. Re-
ferences by page and line to the relevant portions of the Record as printed shall, as
far as practicable, be printed in the margin, and care shall be taken to avoid, as far
c^s possible, the reprinting in the Case of long extracts from the Record. The taxing
officer., iu taxing the costs of the Appeal, shall, either of his own motion, or at the
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913 337
instance of the opposite party, inquire into any.unnecessary prolixity in the Case, and
t shall disallow the costs occasioned thereby.
42. Where the Judicial Committee directs a party to bear the costs of an Appeal
incurred in China, such costs shall be taxed by the proper officer of the Supreme Court in
accordance with the rules for the time being regulating taxation in'the Supreme Court.
43. The Supreme Court shall execute any Order which His Majesty in Council
may think fit to make on an Appeal from a judgment of the Supreme Court in like
manner as any original judgment of the Supreme Court should or might have been
-executed.
Consular Registers of Companies.
44. A register of companies incorporated or registered in the United Kingdom
or in any British possession and carrying on business in China shall be kept in the
office of every Consulate in China.
45. The Consulate at which companies shall be registered shall be that in the
■ district of which their chief local office is situated, or their business is chiefly carried
on, and notice shall be given at the Consulate of any other district in which the com-
pany is also carrying on business as to the place at which the company is so registered.
46. On the registration of a company at a Consulate there shall be deposited
and filed in the office of the Consulate a copy of the certificate of incorporation of
• the company, or other document corresponding thereto, a copy of the memorandum
and articles of association or other documents corresponding thereto, a statement
showing the nominal capital of the company, and the amounts thereof which have
been, subscribed and paid up respectively, and, if the company has been incorporated
under a law which provides for the periodical filing of a list of the shareholders, a
copy qf the last list so filed.
47. The consular officer shall, on the registration of a company at the Consulate,
issue to the person making the registration a certificate, signed and sealed with the
.consular seal, that the company has been so registered.
48. —(1) Every company registered under this Orde
and address of the manager or other chief local representative in China, and shall
from time to time, as may be necessary, register any alteration of the representative
•of the company or in his address. Names and addresses so registered shall be open
to the inspection of the public.
- (2) Rules of Court made under Article 119 of the Principal Order may provide
that service of writs, notices, or other documents upon the person registered under
this Article, or at his address, shall be good service of such documents upon the
company. v
49. Registration of a company under this Order shall not require to be renewed
annually, but may be renewed from time to time as the parties may desire, and must
be renewed when any change takes place in the name of the company.
50. On every registration of a company under this Order, and on every renewal
thereof, there shall be payable a fee of <£1, and on every registration under Article 41
there shall be payable a fee of 2s.
51-—(1)
British A company
company unless it shall not be entitled
is registered to beOrder,
under this recognized
but shall,or although
protectednotas soa
registered, be subject tq the jurisdiction of His Majesty’s Courts in China.
(2) Nothing in this Article shall affect the right of the Secretary of State to
direct that British protection shall not be accorded to a company, even though it has
been registered under this Order.
Orders of a Court of Consuls.
52. (1) Where by agreement among the diplomatic representatives in China of
foreign States, Regulations have been, or are, made for the establishment, control or
procedure of a Court of Consuls, or other like Court; to deal with disputes or suits
338 THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913
relating to the property or proceedings of any board, committee, association or other
like group of persons which has been appointed for public purposes at any treaty"
port or foreign settlement or concession in China, and on which other nations besides^
Great Britain are represented, and such Regulations have been or are approved by"
the Secretary of State, the jurisdiction of the said Court shall not, so far as persons
subject to the Principal Order are concerned, be deemed to conflict with Article G of
the Principal Order, and the Court shall enforce on all persons subject to its
jurisdiction the orders and decrees of such Court of Consuls or other like Court.
(2) Regulations approved by the Secretary of State under this Article shall be
published in the same manner as King’s Regulations.
53—(1) Articles 85, 86, 87, 115, and 116 of the Principal Order are hereby
repealed, but such repeal shall not—
(a) Affect the past operation of such Articles or any right, title, obligation
or liability thereunder ; or
(b) Interfere with the institution or prosecution of any legal proceedings
thereunder.
(2) Appeals in criminal cases and Appeals to His Majesty in Council com-
menced under any Articles hereby repealed shall be continued so far as is practicable
in accordance with this Order.
And the Right Honourable Sir Edward Grey, Baronet, K.G., one of His
Majesty’s Principal Secretaries of State, is to give the necessary directions herein.
Almeric Fitzroy.
SCHEDULE
1. Records and Cases of Appeals to His Majesty in Council shall be printed in-
the form known as Demy Quarto.
2. The size of the paper used shall be such that the sheet, when folded and
trimmed, will be 11 inches in height and inches in width.
3. The type to be used in the text shall be pica type, but long primer shall be^
used in printing accounts, tabular matter, and notes.
4. The number of lines in each page of pica type shall be forty-seven or there-
abouts, and every tenth line shall be numbered in the margin. ,
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 19Lb
At the Court at Buckingham Palace, the 30th day op 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
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1914
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, 1914,”
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
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 anv altera-
tions in such list.
(3) On every registration under sub-article (2) of this article there shall be
payable a fee of 2a.
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 mav enforce
compliance therewith.
Provided—
(1) That the said municipal regulations or byelaws have been accepted by
His Majesty’s Grovernment. Acceptance of the municipal regulations
or byelaws of a foreign concession by His Majesty’s Grovernment shall
be signified by a copy thereof being exhibited and kept exhibited in
the public office of His Majesty’s consulate at such treaty port.
(2) That no punishment other in nature or greater in degree than that
provided by the Principal Order shall be imposed.
(3) That the Court is satisfied that effectual provision exists- for the
punishment in the Court of the foreign Powers whose municipal
regulations or byelaws it is sought to enforce of breaches by the
subjects or citizens of that Power of the municipal regulations or
byelaws of British concessions in China.
4. In article 21 of the China (Amendment) Order in Council, 1913, the reference
to article 13 should be read as a reference to article 19, and in article 29 the
•references to articles 21 and 22 should be read as references to articles 27 and 28,
and in article 50 the reference to article 41 should be read as a reference to article 48.
And the Right Honourable Sir Edward Grey, Baronet, K.G., one of His
Majesty’s Principal Secretaries of State, is to give the necessary directions herein.
Almbeic Eitzeot.
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1915
By this Order Article 3 of “ The China (Amendment) Order in Council, 1914,”
was repealed.
THE CHINA (COMPANIES) ORDER IN COUNCIL 191&-
At the Court at Buckingham Palace, the 30th day of November, 1915
Present :—
Lord President. Mr. Chancellor of the Duchy of Lancaster.
Lord Stamfordham. Sir Frederick Ponsonby.
Whereas by Treaty, grant, usage, sufferance, and other lawful means His
Majesty the King has jurisdiction in China:
And whereas it is desirable to make further provision with reference to the -
exercise of jurisdiction over British Companies carrying on business within the
limits of this Order :
Now, therefore, His Majesty, by virtue and in exercise of the powers in this -
behalf by “The Foreign Jurisdiction Act, 1890or 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)
1915,” and shall be read as one with the “ China Ordtr, 1904” (hereinafter called
the “ Principal Order ”), and with any Order amending the same.
2. —In this Order—
“ The Ordinance ” means “The Companies Ordinance, 1911, of the Colony
of Hongkong,” and includes any Oidinance amending or substituted for the
same.
“The Life Insurance Companies Ordinance,” means the Life Insurance
Companies Ordinance, 1907, of the Colony of Hongkong, and includes any
Ordinance amending or substituted for the same.
“ China Company ” means a Company limited by shares or by guarantee
incorporated under the Ordinance, and the operations of which are directed
and controlled from some place within the limits of this Order.
“ Hongkong China Company ” means a Company incorporated under the
Ordinance which carries on some part of its business within the limits of this
Order, and the operations of which are directed and controlled from some place
in Hongkong.
“ British Company ” means a Company incorporated in the United King-
dom, or in a British Possession, and includes a China Company and a Hong-
kong China Company.
3. —(1.) The Consul-General at Shanghai, including any pe
Consul-General, shall be Begistrar of Companies at Shanghai.
(2) All acts done within the limits of this Order in pursuance of the provisions
of the Ordinance or of the Life Insurance Companies Ordinance by, to, with, or
before the Begistrar 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 Begistrar of Companies in Hongkong.
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1&15 341 ■
(3) The Registrar of Companies at; Shanghai shall be entitled to initiate such
proceedings in the Court as he may think necessary to enforce compliance with the-
provisions of this Order on the part of British Companies in China.
4. —The Judge may by Rules of Court confer upon Provincial C
tion in matters dealt with in the Ordinance, and may specify in such Rules the'
Courts by which, and the classes of cases in which, such jurisdiction shall be-
exercised, but subject thereto the jurisdiction conferred by the Ordinance upon any
Court shall *within the limits of this Order be exercised by the Supreme Court.
5. —In all matters relating to a Hongkong China Company the
the Supreme Court and of the Supreme Court of Hongkong shall be concurrent,
and the said two Courts shall in all respects be auxiliary to each other.
6. —Where any proceedings relating to a Hongkong China Comp
winding up of any such Company, are commenced in the Supreme Court, and it
appears that the principal part of such Company’s business is carried on within the
limits of Hongkong, or that for any other reason such proceedings might more con-
veniently be carried on at Hongkong, the Supreme Court may, of its own motion, or
on the application of any party, make an Order transferring the proceedings to the
Supreme Court of Hongkong.
7. —The Supreme Court shall enforce within the limits of this O
or Decree made by the Supreme Court of Hongkong in the course of any proceed-
ings relating to a Hongkong China Company, or tor the winding up of any such
Company.
8. — (1.) The majority of the Directors of a China Company s
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 peried 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 line not exceeding 50 dollars for every day during which the default con-
tinues, and every Director and every Manager of the Company who knowingly'
authorizes or permits the default shall be liable to the like penalty.
(4.) Failure to comply with the provisions of this article shall be aground upon
which an Order for winding up the Company may be made by the Court.
9. —No person other than a British Subject shall be entitled
auditor of a China Company. The appointment of any such person as the auditor
o£ a China Company shall be void, and any certificate or other document given, or
act done, by any person who is not a British Subject purporting to act as auditor
of a China Company shall not be held to comply with any requirements of the
Ordinance.
10. —No person other than a British Subject shall be appoin
the limits of this Order as liquidator of a British Company or as receiver or manager
on behalf of the debenture-holders of the property of a British Company except with
the sanction of the Court.
11. —(1) All documents and other written information wh
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.
(2) If any Company to which this article applies fails to comply with its
provisions, the Company and every Officer and Agent of the Company who is know
ingly a party to the default shall be liable to a fine not exceeding 50 dollars for
every day during which such default has continued.
342 THE CHINA. (AMENDMENT) ORDER IN COUNCIL, 1915
12. —The registered office of a China Company shall b
]imits of this Order.
13. —(1) No shares shall ]be issued by a China Company
paid up shares or upon the term that the shares shall be paid up in full within a
specified period not exceeding three months after allotment.
(2) Shares issued by a China Company otherwise than as fully paicl up shares
shall be deemed to be issued upon the condition that if not paid for in full before the
expiration of one week from the date upon which the final payment was due, they
shall be forfeited by the Directors, and it shall be the duty of the Directors at the
expiration of that period to forfeit the said shares. Notice of the forfeiture of any
such shares shall forthwith be given to the registered holder.
Any shares so forfeited shall be deemed to be the property of the Company, and
the Directors may sell, re-aliot, or otherwise dispose of the same in such manner as
they think fit. Certificates or other documents of title relating to shares forfeited
under this article shall be returned to the Company.
(3) Within one month of the expiration of the time allowed for the completion
of the payment of all sums due upon the shares, the Secretary of the Company shall
forward to the Registrar of Companies at Shanghai a return signed by the auditor
of the Company giving particulars of the shares issued, of the amounts paid thereon,
of the shares in respect of which default has been made in payment of sums due, and
of the shares forfeited.
(4) If shares are issued by a China Company on terms which fail to comply
with the provisions of this article, or if other default is made in complying therewith
the Company, and every Director, Manager, Secretary, and other Officer, who is
knowingly a party to such issue or default, shall be guilty of an offence, and shall be
liable to a fine not exceeding 500 dollars for every day during which such offence
continues.
(5) Where on application made it is established to the satisfaction of the Court
that there has been a failure to comply with the provisions of this article through
inadvertence or accidental miscalculation or from some other reasonable cause, and
not from any want of good faith, the Court may, if under all the circumstances it
considers it just So to do, give relief from any forfeiture or penalty which has been
incurred by the applicant, or to which he is, or may be, liable upon such terms as it
may think fit.
(6) The provisions of this article shall only apply to shares issued by a China
Company after the date when this Order comes into effect:
14. — (1) No China Company limited by guarantee shall be allowed to operate in
China without the consent of the Minister.
(2) As a condition of this consent the Minister may require that no persons
other than a British Subject shall be a Member of the Company, or that any Member
of the Company who is not a British Subject shall deposit in Court or give security
for or conform to such arrangement as the Minister shall think fit, for ensuring the
payment of 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.
(4) Where on application made it is established to the satisfaction of the Court
that there has been a failure to comply with the provisions of this article through
inadvertence or accidental miscalculation or from some other reasonable cause, and
not from any want of good faith, the Court may, if under all the circumstances it
considers it just so to do, give relief from any forfeiture or penalty which has
been incurred by the applicant, or to which he is, or may be, liable upon such terms
;as it may think fit.
1 CHINA (WAR POWEES) ORDER IV COUNCIL, 1917 343
(5) The provisions of this article shall not apply to China Companies limited by
guarantee operating in China at the date of this Order.
15.—(1) Subject to the provisions of this Order, the jurisdiction of the Court
in respect of all British Companies carrying on business in China shall be exercised,
so far as circumstances admit, iu conformity with the provisions of the Ordinance'
and of the Life Insurance Companies Ordinance, except that Section 16 of the Com-
panies Amendment Ordinance, 1913, shall not apply in China.
(2) Where reference is made or inferred in any Section of the said Ordinances
to any other Ordinance of the Colony of Hongkong which does not apply within the
limits of this Order, such Section shall be read as though the corresponding law or
enactment applicable in England were referred to therein.
(3) The duties of the Governor, or of the Governor in Council, or of the Colonial
Treasurer under Sections 20, 21, 120 (4), 219, 253, and 255 of the Ordinance shall,
within the limits of this Order, be exercised by the Minister, and under Sections 141
(1), 149, 185, 217, and 261 shall within the limits of this Oidvr be exercised by the
. Judge.
(4) In the application of the said Ordinance “legal practitioner” is substituted
for “counsel ” or “solicitor ” or “ solicitor and counsel,” and “such newspaper as the
Judge may direct” is substituted for “the Gazette.”
(5) All offences under the said Ordinances made punishable by fine may, if
committed within the limits of this Order, be prosecuted summarily under Article
48 of the Principal Order, provided that the maximum fine which can be imposed in
t the case of offences under the Ordinances tried summarily shall be =£200 instead of
1 . ,£20.
16.—(1) The power of the Judge under Article 119 of the Principal Order to
make Pules of Court shall extend to any matter which under the Ordinance or under'
the Life Insurance Companies Ordinance is to be regulated by Pules.
(2) Any Rules in force at Hongkong at the date of this Order relating to
matters dealt with in the said Ordinances shall, unless and until they are repealed by
Rules made under this article, apply, so far as circumstances admit, within the limits
of this Orde/.
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, k.c., one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
Almeric Fitzrot.
CHINA (WAR POWERS) ORDER IS COUNCIL, 1917
At the Court at Buckingham Palace, the 30rH day of March, 1917
Present:—
The King’s Most Excellent Majesty
Lord President Lord Newton
Lord Chamberlain Sir Frederick Ponsonby.
Whereas by treaty, grant, usage, sufferance, and other lawful means His Majesty"
the King has jurisdiction in China :
:344 CHINA (WAR POWERS) ORDER IN COUNCIL, 1917
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 (War Powers) Order in Council,
.1917,” and shall be read as one with the “China Order in Council, 1904”
(hereinalter called the “Principal Order”), and with any Order amending the
same,
2. Where in the opinion of the Minister there are reasonable grounds for
believing that any British subject 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, the Minister may by order in writing direct that
such person—
(a) Shall not enter, reside, or remain in any area specified in the order;
(b) Shall reside or remain in any area so specified ;
(c) Shall conduct himself in such manner, or abstain from such acts, or
take such order with any property in his possession or under his
control, as may be specified in such order;
(d) Shall be detained in custody in such place as may be specified in the
order; and the person so detained shall be deemed for all purposes
to be in legal custody.
3. If any person in respect of whom an order is made under paragraph (a), (b),
or (c) of the preceding article fails to comply with any of the provisions of the order,
he shall be guilty of an offence against this Order, and shall be liable on conviction by
the Court to imprisonment with or without hard labour for a term not exceeding three
years; provided, however, that nothing in this article shall be deemed to empower a
Provincial Court to award any sentence greater than is authorised by Article 59 (2)
of the Principal Order.
4. Where in the opinion of the Minister it is expedient that ajjy person, in
respect of whom the provisions of Article 2 of this Order apply, should be deported
from China to some place in His Majesty’s dominions, he shall send to the Supreme
Court a certificate under his hand and seal to that effect, and the Supreme Court may
thereupon order that such person shall be deported from China to the place specified
in such certificate. The provisions of the Principal Order, and of any Order amend-
ing the same, relative to deportation shall, subject to the provisions of this Order,
apply to any deportation effected under this article.
5. If any person deported under this Order returns to China without permission
in writing of the Minister (which permission the Minister may give) he shall (with-
out prejudice to any liability under Article 83 (11) of the Principal Order) be guilty
of an offence against this Order, and shall be liable on conviction by the Court to
imprisonment with or without hard labour for a term not exceeding three years;
provided, however, that nothing in this article shall be deemed to empower a
Provincial Court to award any sentence greater than is authorised by Article 59 (2)
of the Principal Order.
6. This Order shall take effect on the day on which the text thereof is first
exhibited in the public office of the Supreme Court at Shanghai, along with a certificate
under the hand of the Minister stating that he has been informed by telegraph by
the Secretary of State that the Order has been passed in the form annexed to the
certificate, and shall remain in force only during the continuance of the present war.
And the Eight Honourable Arthur James Balfour, one of His Majesty’s Prin-
cipal Secretaries of State, is to give the necessary directions herein.
Almeric Fitzroy.
TRADING WITH THE ENEMY (CONSOLIDATION)/
REGULATIONS, 1917
1. The following King’s Regulations are hereby repealed:—
“ The Treasonable Insurance Regulations, 1914
“ The Trading with the Enemy (Amendment) Regulations, 1915,”;
“ The Trading with the Enemy (Bulgaria) Regulations, 1915”;
but this repeal shall not—
(a) Affect the past operation of those Regulations, 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 suffered under any of
those Regulations, before the making of these Regulations ;
(b) . Interfere with the institution or prosecution of any proceeding or action,
criminal or civil, in respect of any offence committed against, or forfei-
ture incurred, or liability accrued under or in consequence of any pro-
vision of, those Regulations;
(c) Take away or abridge any protection or benefit given or to be enjoyed
in relation thereto.
2. In the construction of these Regulations the following words and expressions
shall have the meanings hereby assigned to them, unless there be something in the
subject or context repugnant thereto, that is to say:—
“ Enemy ” means any person or body of persons of whatever nationality
resident or carrying on business in an enemy country, and any person or body of
persons of enemy nationality resident or carrying on business in China, Siam,
Persia, or Morocco, but does not include persons of enemy nationality who
are neither resident nor carrying on business in an enemy country, or in China,
Siam, Persia, or Morocco. In the case of incorporated bodies, enemy character
attaches to those incorporated in an enemy country and to those wherever
incorporated which are incorporated in accordance with the laws of an enemv
country or carry on business in an enemy country.
“ Enemy country ” means the territories of the German Empire, of the
Dual Monarchy of Austria-Hungary, the Empire of Turkey, and the Kingdom
of Bulgaria, together with the colonies and dependencies thereof, other than
any territory in the effective military occupation of His Majesty or his
allies, but including any territory in the effective military occupation of an
enemy.
‘‘ Non-enemy country ” means any country other than the dominions of
His Majesty or a country with which His Majesty is at svar.
“ Person ” means any British subject, firm or corporation resident, carrying
on business, or being within the limits of the China Order in Council, 1904.
Enemy Trading
3. Any person who, by himself or in conjunction with any other person,
whether a British subject or not—
(1.) Pays any sum of money to or for the benefit of an enemy; or
(2.) Compromises or gives security for the payment of any debt or other sum of
money with or for the benefit of an enemy ; or
1)4.6 TRADING WITH THE ENEMY (CONSOLIDATION) REGULATIONS, 1917
(3.) Acts on behalf of an enemy in drawing, accepting, paying, presenting for
acceptance or payment, negotiating, or otherwise dealing with any nego-
tiable instrument ; Or
(4.) Accepts, pays, or otherwise deals with any negotiable instrument which is
held by or on behalf of an enemy, having at the time of such acceptance,
payment, or dealing reasonable ground for believing that such instrument
is held by or on behalf of an enemy ; or
(5.) Enters into any new transaction or completes any transaction already
entered into with an enemy in any stocks, shares, or other securities ; or
(6.) Makes or enters into any new marine, life, fire, or other policy or contract
of insurance or reinsurance with or for the benefit of an enemy ; or accepts
or gives effect to any insurance of any risk arising under any policy Or
contract of insurance or reinsurance made or entered into with or for the
benefit of an enemy before the outbreak of war; or, as regards treaties or
contracts of reinsurance current at the outbreak of war to whieh an enemy
is a party or in which an enemy is interested, cedes to the enemy or accepts
from the enemy under any such treaty or contract any risk hrising under
any policy or contract of insurance or reinsurance made or entered into
after the outbreak of war, or any share in .any such risk ; or
- (7.) Directly or indirectly supplies to or for the use or benefit of, or obtains
from, an enemy country or an enemy any goods, wares, or merchandise,
or directly or indirectly supplies to or for the use or benefit of, or obtains
from, any person any goods, wares, or merchandise, for or by way of
transmission to or from an enemy country or an enemy, or directly or
indirectly trades in or carries any goods, wares, or merchandise destined
for or coming from an ei.emy country or an enemy; or
(8.) Permits any British ship to leave for, enter, or communicate with any port
or place in an enemy country; or
(9.) Enters into any commercial, financial, or other contract or obligation with
or for the benefit of an enemy ; or
(10.) Takes part in any act or transaction prohibited under any Proclamation
dealing with the subject of trading with the enemy issued by His Majesty
after the commencement of these Regulations, and published in the
manner provided by the Principal Order for the publication of King’s
Regulations;
is guilty of trading with the enemy.
4.—(1.) Where an enemy has a branch locally situated in British territory or a
non-enemy country, other than neutral territory in Europe, China, Siam, Persia, or
Morocco, transactions by or with such branch shall not be treated as transactions by
or with an enemy.
(2) Transactions hereafter entered into by any person resident, carrying on
business, or being m China—
(a) In respect of banking business with a branch situated outside the
United Kingdom of an enemy; or
fbj In respect of any description of business with a branch situated out-
side the United Kingdom of an enemy bank;
shall be considered as transactions with an enemy.
Provided that acceptance, payment, or other dealing with any negotiable
instrument which was drawn before the 26th July, 1915, shall not, if otherwise law-
ful, be deemed to be a transaction hereafter entered into within the meaning of this
paragraph.
(8.) Notwithstanding anything in this Regulation, where an enemy has a branch
situated locally in British territory or a non-enemy country, which carries on the
business of insurance or reinsurance, of whatever nature, a transaction by or with
such branch in respect of the business of insurance or reinsurance shall be
considered as a transaction by or with an enemy.
TRADING WITH THE ENEMY (CONSOLIDATION) REGULATIONS, 1917 347
Enemy Property
5. If any Ohina company contravenes the provisions of section 4 of the Ordinance'
of the Colony of Hongkong entitled “ Trading with the Enemy (Amendment)
Ordinance 19i5,” such company shall be guilty of a breach of these Regulations.
6. Every China company, if it has not already done so, shall within one month
after the commencement of the Regulations by notice in writing communicate
to the custodian of enemy property in the Colony of Hongkong full particulars of all
shares, stocks, debentures, and debenture stock, and other obligations of the'
company which are held by or for benefit of an enemy.
7. Any person who, by himself or in conjunction with another person, whether'
a British subject or not, holds or manages for or on behalf of an enemy any property
movable or immovable (including any fights, whether legal or equitable, in or
arising out of property, movable or immovable), shall within one month after the
commencement of these Regulations, or if the property comes into his possession or'
under his control after the commencement of these Regulations, then within one
month after it comes into his possession or control, by notice in writing communicate
the fact, and such particulars as may at any time be required, to the consular officer
of the district in which he is resident, and, if it be immovable property, then to the
consular officer of fie district in which it is situated.
Property mentioned in this Regulation shall include property lent to a firm for
the purposes of the business of such firm by an enemy, and such property shall be
deemed to be property held or managed by a partner of such firm within the
meaning of this Regulation.
8. —(1.) Any sum which, had a state of war not existed, would have bee
and paid to or for the benefit of an*enemy, by way of dividends, interest, or share-
of profits, and balances and deposits standing to the credit of an enemy at any bank,
and any debt to the amount of 50 dollars or upwards, which is due or which, had
a state of war not existe 1, would have been due to an enemy, shall be paid by
the person by whom it would have been payable into an account to be entitled “ The
Enemy Dividends Account,” at such incorporated bank, or banks, as the Minister
shall by public notice appoint. Any sum so paid into “ The Enemy Dividends
Account ” shall not be dealt with save on an order of the Supreme Court.
Any payment required to be made under this Regulation shall be made:—
(а) Within fourteen days after the commencement of these Regulations if
the sum, had a state of war not existed, would have been.paid before
such commencement;
(б) In any other case within fourteen days after it would have been paid.
(2) The expression “dividends, interest, or share of profits” for the purposes of
this Regulation means any dividends, bonds, or interest in respect of any
shares, stock, debentures, debenture stock, or other obligations of any company, any
interest in respect of any loan to a person carrying on business for the purposes of
that business, and any profits or shares of profits of such a business, and, where a-
person is carrying on any business on behalf of an enemy, any sum which, had a
state of war not existed, would have been transmissible by a person to an enemy by
way of profits from that business shall be deemed to be a sum which would have
been payable and paid to an enemy.
Prohibited List
9. There shall be and there is hereby constituted a list of persons or bodies of
persons resident or carrying on business in non-enemy countries with whom, by
reason of their enemy nationality or enemy association, it is expedient that trading
should be prohibited. Such list is contained in the schedule to these Regulations,-
and shall be called “ the Prohibited List.”
348 TRADING WITH THE ENEMY (CONSOLIDATION) REGULATIONS, 1917
The Minister may at any time vary or add to the Prohibited List, and such
variations and additions shall have effect in each consular district as though they
were contained in the list in the schedule hereto from the date on .which they are
published by being exhibited conspicuously in the public offices of the consulate of
that district.
A copy of the Prohibited List and of any variation thereof or additions thereto
shall be kept exhibited in each consular office.
10. Any person who, by himself or in conjunction with others, whether British
subjects or not, enters into any transaction mentioned in Eegulations 3 and 4 of
these Eegulations with any person or body of persons in the Prohibited List shall be
deemed to have traded with the enemy and shall be guilty of a breach of these
Eegulations.
Provided that nothing in this Eegulation shall be taken to prohibit—
(a) Any person who is engaged in any non-enemy country in the business
of insurance from carrying on in that country that business (other
than the business of marine insurance or of insurance against fire or
any other risk of goods or merchandise during transit from shipper’s
or manufacturer’s warehouse until deposited in warehouse on the
termination of the transit, if any part of the transit is by sea) with
or flirough the agency of any of the persons or bodies of persons
mentioned in the Prohibited List.
(b) Any person who is engaged in working any railway or other service of
public utility in any non-enemy country under any charter, grant, or
concession made by the Government of, or by any provincial or
municipal authority in, any such country from trading with any of
the persons tr bodies of persons mentioned in the Prohibited List,
so far only as is necessary to enable the person or body of persons
engaged in working such railway or other service of public utility to
comply with or fulfil the obligations or conditions of the charter,
grant, or concession under which the working of the railway or other
service of public utility is carried on.
Legal
11. Where an Act constitutes an offence both under these Eegulations and
under the law applied by the Principal Order, the offender shall be liable to be
prosecuted and punished under either these Eegulations or the law aforsaid, but
shall not be liable to be punished twice for the same offence.
12. A prosecution for an offence under these Eegulations shall not be instituted
except by or with the consent of the Crown Advocate.
Provided that the person charged with such an offence may be arrested and a
warrant for his arrest may be issued and executed, and such person may be remanded
in custody or on bail notwithstanding that the consent of the Crown Advocate to
the institution of the prosecution for the offence has not been obtained, but no
further or other proceedings shall be taken until that consent has been obtained.
13. —(1.) Any Court established under the P
on information on oath laid on behalf of the Minister that there is reasonable ground
for suspecting that an offence under these Eegulations has been or is about to be
committed by any person, may issue a warrant authorising a British subject
appointed by the Minister- or by any consular officer in his own district
and named in the warrant to inspect all books or documents belonging
to or under the control of that person, and to require any British subject
able to give any information with respect to the business or trade of that person to
give that information, and, if accompanied by an officer of the Court, to enter and
search any premises to which the jurisdiction of the Court extends and which are
TRADING WITH THE ENEMY (CONSOLIDATION) REGULATIONS, 1917 349
•■used in conrect’on with the business or trade, and to seize any such books or docu-
ments as aforesaid.
(2.) If any person having the custody of any book or document inspection of
which has been authorised under this Regulation refuses or wilfully neglects to
procure it for inspection, or if any such person who is able to give any information
which may be required to be given under this Begulati >n refuses or wilfully negbcts
when required to give that information, that person shall be guilty of a breach of
these Regulations.
14. —(1.) Any person who does any act prohibited or
required to be done by these Regulations shall be guilty of a breach of these
Regulat ions.
(2.) Any person guilty of a breach of these Regulations shall, upon conviction,
be liable to a fine not exceeding 50Z. or to imprisonment with or without hard labour,
for a term not exceeding three months, or to both,
(3.) Where any company has entered into a transaction or has done any act
which is an offence under these Regulations or has failed to do any act which is
required to be done by these Regulati ms, every director, manager, secretary, or
other officer of the company who is knowingly a party to the transaction, act, or
-failure shall be guilty of an offence under these Regulations and shall, upon convic-
tion, be liable to imprisonment for any term not exceeding three months, with or
without hard labour, or to a fine not Exceeding 501., or to both.
Licences, &c.
15. Nothing in these Regulations shall be deemed to prohibit payments by or
on account of enemies to persons resident, carrying on' business, or being in His
Majesty’s Dominions if such payment arise out of obligations entered into before the
-outbreak of war, or in the cas- of persons or bodies of persons mentioned in the
Prohibited List before the date of the publication of their names therein.
16. Nothing in th> se Regulations shall be deemed to prohibit anything which
may at any time hereafter be expressly permitted by licence granted by His Majesty
-or by a licence given on behalf of His Majesty or by a Secretary of State or given
-on the like behalf by the Minister, whether such "licence be specially granted to
individuals or be announced as applying to classes of persons.
The repeal of the King’s Regulations entitled “The Trading with the Enemy
(Amendment) Regulations, 1915,” shall nob affect any licence given thereunder
which is in existence at the commencement of these Regulations.
Short Title
17. These Regulations may be cited as “ The Trading with the Enemy (Consoli-
dation) Regulations, 1917.”
B. Alston,
His Britannic Majesty’s Charge d’Affaires.
Peking, January 1, 1917.
CHINESE ENEMY TRADING ACT
Promulgated Mat 17, 1918
Art. I.—All citizens of the Eepublic of China and foreigners in China subject
Chinese jurisdiction (non-treaty nationals) unless otherwise specifically authorized,,
shall be forbidden to trade with the following countries or persons:
(a) Enemy countries.
(b) Subjects and proteges of enemy countries.
(c) Allies of enemy countries.
(d) Residents or proteges in the territories occupied- by enemy countries or
by their allies.
Ce) Firms or companies which are controlled wholly or partially by enemy
Subjects or which are under enemy influence, as have bem specified by
the reponsible authorities.
This regulation shall also apply to agencies of such firms and companies
Art. II.—With reference to Sections II and Y of Article I, the authorities
concerned shall make special regulations for their enforcement.
Art. III.—Any one who violates or contemplates to violate this Act shall be
punished with imprisonment of the fifth degree and hard labour or fined less than
$1,000 according to the decision of the court.
Art. IV.—Any transactions with enemy aliens concluded before the promulgation
of this Act shall be reported to the authorities concerned within one month after
promulgation. With the consent of the authorities concerned such transactions may
not be considered subject to this Act.
Art. V.—The authorities concerned shall be required to make detailed regulations
for the enforcement of this Act.
Art. VI.—This Act shall take effect on the date of promulgation.
Peking, May 17, 1918.
REGULATIONS FOR THE ENFORCEMENT OF ENEMY TRADING ACT
Promulgated by the Ministry op Interior
Art. I.—With the exceptions set forth in Article I of the Enemy Trading Act,
enemy trading which is under the jurisdiction of the Ministry of the Interior shall
be subject to these regulations.
CHINESE ENEMY TRADING ACT 351
Art. II.—The following transactions with enemies shall not be prohibited:
fa) Importation of goods directly connected with clothing, board and lodging.
(b) Importation of goods for use in marriages, funerals and worship.
(c) Employment of enemies by Chinese or Chinese by enemies for house-
hold affairs.
{d) Renting houses to enemies or from enemies.
(e) Receiving or giving medical treatment and payments.
(fj Employment of teachers and artists.
(g) Importation of goods necessary for establishments of communication,
excepting those connected with steamers, railways, telegraphs and
telephones to be regulated by the Ministry of Conununications.
(Ji) Sale of second-hand goods at low prices.
(i) Visiting hotels, restaurants and places of amusement.
(j) Transactions specially authorized by the Ministry of the Interior.
Art. III.—All transactions enumerated in Article II shall be judiciously
restricted when circumstances warrant. Special permits allowed to particular
transactions shall be cancellable at any time.
Art. IV.—If any transactions enumerated in Article II concern the authority
of other Ministries, the Ministry of the Interior shall consult the Ministries concerned-
about their regulations.
Art. V.—As. to any doubt whether any of the transactions enumerated in Article
II shall be specially restricted, the local authorities concerned shall be required to
petition the Ministry of the Interior for instructions.
Art. VI.—The local authorities concerned shall be responsible for the investiga-
tion of the transactions enumerated in Article II.
Art. VII.—With reference to the transactions contracted before the promulgation,
of the Enemy Trading Act as enumerated in Article IV of the Act, which are
subject to the jurisdiction of the Ministry of the Interior, the local authorities
concerned shall be required upon receipt of applications to make an investigation and
send a report through their highest provincial authorities to the Ministry for action.
Any application for special permit shall be required to state the kind of transac-
tion, its location and causes.
Art. VIII.—Any one violating these regulations shall be punished according to
Article III of the Enemy Trading Act.
Art. IX.—These regulations shall take effect on the date of promulgation.
Art. X.— After the promulgation of the Enemy Trading Act and the Regulations
for its enforcement, any rules which conflict with them shall be declared void.
Peking, May 22, 1918.
STATUTORY RULES AND ORDERS, 1909. No. 751
THE CHINA AND COREA (CONSULAR FEES) ORDER IN COUNCIL, 190£
At the Court at Buckingham Palace, the 28th day op June, 1909
Present :
The King’s Most Excellent Majesty in Council.
Whereas by “The Consular Salaries and Fees Act, 1891,” His Majesty the King
is authorized by Order in Council to fix the fees to be taken in respect of any matter
or thing done by a Consular officer in the execution of his office, and to vary such
fees by way of increase or decrease, and to abolish fees and to create new fees;
And whereas it is expedient that the Table of Fees fixed by the China and Corea
(Consular and Marriage Fees) Order in Council, 1906, should, in certain respects, be ,
added to, and that fees should be created in respect of the attendance of Consular
officers in the Mixed Court at Shanghai, and in respect of the assistance rendered by
Consular officers to British litigants in such Court:
Now, therefore, in pursuance of the before-mentioned Act, His Majesty is
pleased, by and with the advice of His Privy Council, to order, and it is hereby
ordered, as follows:
1. This Order may be cited as “ The China and Corea (Consular Fees) Order in
Council, 1909.”
2. The several fees set forth in the Table annexed to this Order are hereby
established, and the said Table shall be construed as part of this Order.
3. This Order shall come into operation on such date as His Majesty’s Consul-
General at Shanghai shall appoint.
4. This Order shall extend to all places in China and Corea.
And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
A. W. Fitzroy.
SCHEDULE
Table op Consular Fees to be taken in respect of Assistance Rendered
by the Assessor in the Mixed Court at Shanghai.
1. On application to the Assessor for his request for the assistance of the
Chinese authorities, including filing Petition: —
Where the amount involved is— s. d.
Under 101 2 6
10Z. and under SOZ. ... 5 0
501. and under 100Z • 7 6
100Z. or upwards 10 0
For each complete 100Z. not exceeding a total fee of 5Z.
2. On each subsequent communication in writing to the China
authorities 2 6
3. Hearing fee on each attendance of the Assessor at a sitting
of the Court ... 10 0
TABLES OF CONSULAR FEES 353
TABLES or CONSULAR AND MARRIAGE FEES.
To be taken inAct,China 1892,andtheCorea
Foreign in Marriages
pursuanceOrder of theinConsular
Conncil, SalariestheandChina Fees Act,Corea 1891, the Foreign Marriages
Registry)
(ConsularOrder and inMarriage
Council,Fees)1904,Orderand1892,intheCouncil,
China and1906.and
Corea (Shipping
Part I „
Feet to be taken in respect of Matters in which the Interposition of a Consular Officer is required by Law.
Matter in respect of which the Fee is to be taken.
1. the Merchant—For Acts,ssionwithevery declaration taken FororForthe recorded£inspection
visits.d. of theto marking shipvisitofonmade
a ship£ appli- s. d.
under
the registry, transfer Shipping
and trarsm of aships,
view in-to0 < 5 0 the ofeach
cationprovisions the owner,
of
made
and fortheeachShipping the where
terests
master
in ships,
2. upon the certificate or mortgages
—For on ships
of registry, endorsing
and initial-a memorandumrespect of change
Provided thereto have not been complied with with0 5 0
the
asofaggregate
follows
Merchant Acts
ing his signature on agreement with
quired8.—For granting a provisional certificate of re-0 0 such crew, if re- (a) The
inspectionof separate amount
shall notvisits.
exceed 10s. of tWfwhatever
e fees for anybe
gistry (this fee to be exclusive of fees» on de-10 0 the
clarations)
number
(5)
atlogofthesignals, When the marking of a ship ofis light
inspected
shares4.5. in a ship —For recording a1 mortgage 0 0 ofinspection. a sameship,notime with thefeeinspection
orseparate shall be charged forand the
a ship,6. or shares in—For —For
a ship recording the 1 transfer
0 0 Chinaa mortgage
(N. B
and . — Fees
Corea of
1 to 9a
(Shippingare to be taken
Registry) under
Order in the
Counciprovil, 1904.
sions1 of I
ofaship, orsharesinaship. recording the1 discharge of10.a mortgage
0 0 or officer i
made7.8. before a Consular —For
—For officer every sale of1a ship,
inspection of the
shares11.inmade
0 register
0 seamen book 12. of
a ship,before a Consular officer
trans- o!
actions
Shipping in ships,
Acts kept in pursuance of Merchant with13.the sanction of the Consular officer oi
book9.9a.—Certificate
of transactions—For inregistry
ships certified copy00 of21 60extractsularfrom 14.officerregister 1
9b.—Certificate of
of sale or mortgage 1
0 10
4 0
0 spect 15. to the death of any person on board o S
9c.—Indorsing ownership on certificate of0 4 0 wages,16. &c., of a deceased seaman
registry
9n.—Transfer
9b.—Pass of registry to another port 00 104 00 be paid
for ship 17. by the party who proves to be in default,q 1
9f.—Alteration
tonnage in register of name, rig, or0 4 0 ’n addition 18. to cost of survey o j(
For 9g.—For
ships
„„ of1,500 15measurement
tons, and„ under of tonnage
1, 50000 tons,as gross
0
underCon:—.1 10 0 ofto Section
,, 2 5 0 salvedbe paid 560by (1)theofmaster the Merchant
or ownerShipping of the Act, property1894,
(
„„ 2,3 000000000 „„„ .8,24,,000000000 ,,„„ 233 14123 000 19.
), 1894”. e for inspection of ship’s papers,!
„„ 4,5,000000 „,, and upwards 5,000 „,, 44 100 00
9h.—For
sleeping
For each
the inspection
accommodation
visit to the shipof theofcrewthe:—berthing or0 10 0 FeesN.Nos. R.—A19payment and 40 ofat£beveryshallportfreeintheChina
ship from duringthet
Provided as follows:—
(a) The aggregate amount
such inspection
the number exceedof£1thewhatever
shall notvisits.
of separate
fees for anybe
marriage 20.—For receiving notice of an intended0 10 0
the same (b) time
When withthetheaccommodation
measurement isofinspected
the tonnage,at 21.—For receiving notice of a caveat
22. ofaMarriageofficer,and 1 00
noForseparate
the fee
inspection shall be
of charged
light and forfogthe inspection.
signals:— presence 23. registered by himO 10 0
Forofeach visit madeandtofortheeachshipvisitonmade the where
appli- having been givenOrderand inposted up, 1892 Art. 6 of the0 6 0
cation
the lights
Provided
theor fittings
owner,
that the areaggregate
found defective amount of fees 0 10 0 Foreign marriage 24. Marriagessolemnised in
Council,
accordance with
for
everanybe such inspection
the number shall notvisits.
of separate exceed £1 what- law'
Art., in8 ofaddition
the Foreign to theMarriages
fee for attendance
Order in Council, (Feethe92)local
See 0 10 0
1892.
Part IX.
Fees to be taken in respect of Matters in whichby thethe Interposition of a Consular Officer is to be given when required
Parties interested.
Matter in respect of which the Fee is to be taken.
25. certified copy if—For noting0a marine
6 furnishing,
protestandandreport
order, if fumish-£
required, ones.d.certified copy of request,£1 s.d.
of survey
ing one
26.27. required
—For every other7 copy 29.—For
ceeding 200 extending
words, 0 marine
6 protest,
2 original,
filing if not ex- 0 O
andto befurnishing
—For filing a request for
one survey
certified and
copyissuing
if required. This is
order28.of survey —For ; 0 10 0 of feeofforsurvey,
ifoaths orfiling
declarations
the body of(SeetheNo.protest51),exclusive
or(See
for
riginal in archives, if not exceeding 200 words,receiving
and reportdrawing, required)
12
354 TABLES OF CONSULAR FEES
exchange30. (See No. 50)],—For if hot exceeding 200any other aprotest 60. [except
patent bill
by aof£ s. officer
words,
copy, if filing original,
required. This and
to be furnishing
exclusive of one
fee certified
for draw- if 61. attested
required, to quarterly
Consular
or monthly declarations for0 1
0£
ing, 31,if required, the body—If of theprotest (See No.the96)1protest ( or Government-pay,
report of surveyofexceed
62.declaration half-pay, or pension
200 words,
tion thereofforattesting
every additional 100 words or frac- < other 63.64. existence 0;
82.—For
tion33.—Forbond, eachpreparing average,
copy (Seea fresh bottomry or arbitral
No. 95)agreement with the...0 i authority 65.
crew ofopened
a British 0£
beingcopy
the attheavessel
foreign on port,
new articlesand forofActs agreement
furnishing
requiren u officer
86.—For in anyeach signaturenotattested
document otherwisebyprovidedthe Consular forO £
should84.—bewhich made Merchant
accessible to Shipping
the crew' d charged for attesting a siguaiure lo^j
35.36. Bill of health —Certificate —Certifying -HZZ'o 1< to a foreign bill of health 0 1(
of origin 67.death
of goods and filing copyO l
the of a seaman) * ... ...0 !
from38.37.a British port —For —Certificate 0 J of dueaddressed
application
landing of goods exported
for :68.11 to local’authori- : 0:
ties
granted for arrest or imprisonment of a seaman if j e ci " . a Consi
rder in C 39.40 pursuant to the—Ditto,
request of the master for0 release of a69.seaman
ber of :~,theForcrew
efl ofcertificate
a vessel, granted
or as astotoanythe other
num- tion,
under when
Order insuchCouncil
registration is not compulsory0 26
matter required byoutwards
ancemwardsand local authorities
of a vesselfor(SeetheNos. clear-19 births, 70. marriages,
provided71. nobooks other fee deaths
or kept at the Consulate0 1 O
is chargeable
FeesN.Wand B.—A 40paymentat everyof £5portshallin Chifreenthea during
shin fromthe thefc navment
« ng th in register of births, marriages, or deaths (See0 2 6
quired 41. by local authorities, —For a muster-roll or de-drawing No.
up in form 70)
72. ofanda document, language re-
tailed
the list, giving the names, &c. , of each member of or part
73. or fraction thereof if not exceeding 100 words...0 5 O
No. crew 42.40)
of a vessel (to be charged in addition to ; 100 words
—For affixing Consular -V. B . — An
signatureadditionaland fee is
seal,to be charged when the copy .0is made10
by the74.Consular officer (See No. 99).
any
if notentry in thebyofficial
required long-bookShipping
the Merchant of a BritishActvessel,
. attesting
0 ' £ the execution 76.77.75. of a bill of sale
of a 44.45.ship, or shares in a ship —For
—For any 0 document
£ passport, 77a.—For
required pass, orConsular
fromtransit visapass 2
06 s Jj
”
office
engagement by foreign authorities
of a British seaman as a preliminary to the
in a foreign vessel,0 1 being 78. a ofseaman, including Consular signature to1 0 ®
including official
46—Foris required seal and
inspectingto enable signature
ship’s apapers wheii theirto minute proceedings
79. either administration or distribution, of I 2} per
production
perform any specific service on theConsularship's officer
behalf ...0 2 the or forproperty, situateof ina British
the country of thenotConsular 1 cent,
orbeencomramed^oor "^h” officer’s
seaman, residence,
dyingin the intestate, or ifofsubject,
notlegally
intestate, beingwhena j-on
provided
4wi7 thdrawn
. '~ For from the Consular officer in the interval’
granting any certificate not otherwise undertaken
representatives of absence
the deceased competent J|j value,
gross
48 Iffor,ex if5ee(notn exceeding 100 words 05 80.seal to the fastening
von
100 words '7 f fi 8'
or fractionathereof 100 words, for every additional o 55 sular 0 26
49.—For
SO-51. For noting
protest ofbilla—For billof exchange
of exchange" and copyl 0 local Public81.registers,Record Office or or elsewhere,
copies of wills, extractsor other
deeds, from
declaration or affirmation without attestation ofq 2 matters, administering an oath, or
inattestation receiving a
addition to expenses incurred and any0 5 O
signature52. or affirmation—For
declaration with attestation of signa- administeringfees an8for2.—oath,
required, For
to anyaffixing
or receiving
documentConsularanotsignature,
otherwiseandprovided seal if
ture, ®?:—For ea,ch Consular signature attached to an0 £ for by this Table
N.B.—toNohospital.charge is to be made for an order or letter 0sending 5 ft
exhibitSA—Freferred to m an affidavit or declaration . . 0 £ a seaman83.—For each Consular seal affixed to a docu-
ed by thebyConsular or each alteration or interlineation
in any document not 0 ment,initial- packet, or article, when no signature is re-ft 2 ft
prepared him officer—For quired83a.—For
or stock 55. attested by the Consular officer eacho (:signature to a transfer
gistration,
a minimum 4feepernew oftitle-deeds
ofcent,
shares
£110s. valueaofofthe
on and land,property,
maximum
includingwithre-
, ored stock56. attested by the Consular —For officer when execut- each signature
copy
to83b.a—transfer
of For of shares
notifying to authorities loss ofofowner’s
£10.
the inConsularthe presence
57 For eaoh officerof one or more witnesses besides0 £ replace 83c. it—For transfer of land, J per cent,ofoncopyvalueto1 ft ft
title-deed, and requesting issue
.. -7\ executionofficerof a(Seepower No. of104)Pattorney of the property,
at the‘pf58.Bsame time aConsular
fee of £1 onlyTs' to be charged. att0 rfi
°" ** °f attesting° ' thea maximum 83d.—For £10.with a minimum
of cancelment fee of £110s. and
ofoftitletitle-deeds
deeds issued by1 ft ft
—For 83e.—For
execution
localof83f.—For
authoritiesof registration
a will of any
person59. not being a British —F
veyance under
seaman (See Nos. ISandTOIJO or each1(execution a deed, bond,registrationor oon-or discharge» of mortgagel12 1ft Oft
ValUeseal, attested byinthe Consular officer
gage830.
exceed £1Ditto, °ditto,f the£5propertj ' fiction does not
...’ '"qq for, 83h.—For
0O
£5..persons execute made in landanvregisterentrv, atnottheotherwise
request ofprovided
the par-0 6 ft
N.B.—Ditto, When moreexceeds,
than four an instrument at ties 831. interested
registers (except those under Nos.» and 70) 0 6 0
TABLES OP CONSULAR FEES 355-
12*
THE UNITED STATES COURT EOR CHINA
(Chapter 3,934, Prescribing the Jurisdiction of the Court.)
Be it Enacted by tbe Senate and House of Representatives of the United States
of America in Congress Assembled, That a Court is hereby established, to he called
the United States Court for China, which shall have exclusive jurisdiction in all
cases and judicial proceedings whereof jurisdiction may now be exercised by United
States Consuls and Ministers by law and by virtue of treaties between the United
States and China, except in so far as the said jurisdiction is qualified by Section 2
o? 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 doll ir,
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 accredited shall have the same jurisdiction as they now possess in
civil cases where the sum or value of the property involved in the controversy does
not exceed five hundred dollars United States monev, and in criminal cases where the
punishment for the offence charged cannot exceed by law one hjmdred dollars’ fine
or sixty days’ imprisonment, or both, and shall have power to arrest, examine, and
discharge accused persons or commit them to the said Court. From all final judg-
ments of the Consular Court either party shall have the right of appeal to the United
States Court for China: Provided, Also, That appeal may be taken to the United
States Court for China from any final judgment of the Consular Courts of the United
States in Korea so long as the rights of extra-territoriality shall obtain in favour of
the United States. The said United 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 Uinted
States, or any citizen of any territory belonging to the United States,' the Consul or
Vice-Consul whose duty it becomes to take possession of the effects of such deceased
person under the laws of the United States shall file with the clerk of said Court a
THE UNITED STATES COURT FOR CHINA 357
sworn inventor? of such effects, and shall, as additional effects come from time to
time into his possession, immediately file a supplemental inventory or inventories of
th& same. He shall also file with the clerk of said Court within said sixty days a
schedule under oath of the debts of said decedent, so far as known, and a schedule
or statement of all additional debts thereafter discovered. Such Consul or Vice-
Consul shall pay no claims against the estate without the written approval of the
judge of said Court, nor shall he make sale of any of the assets of said estate without
first reporting the same to said jndge and obtaining a written approval of said sale,
and he shall likewise within ten days after any such sale report the fact of such sale
to >aid Court, and the amount derived therefrom. The said judge shall have power
to require at any time reports from Consuls or Vice-Consuls in respect of all their
acts and doings relating to the estate of any sfich deceased person. The said Court
-shall have power to require, where it may be necessary, a special bond for the
faithful performance of his duty to be given by any Consul or Vice-Consul into whose
possession the estate of any such deceased citizen shall have come in such amount
and with such sureties as may be deemed necessary, and for iailure to give such
’bond when required, or for failure to properly perform his duties in the premises,
the Court may appoint some other person to take charge of said estate, such person
having first given bond as aforesaid. A record shall be kept by the clerk of said
-Court of all proceedings in respect of any such estate under the provisions hereof.
Sec. 3.—That appeals shall lie from all final judgments or decrees of said Court
•to the United States Circuit Court of Appeals of the ninth judicial circuit, and thence
appeals and writs of error may be taken from the judgments or decrees of the said
Circuit Court of Appeals to the Supreme Court of the United States in the same class
of cases as those in which appeals and writs of error are permitted to judgments of
said Court of Appeals in cases coming from District and Circuit Courts of the United
States. Said appeals or writs of error shall be regulated by the procedure govern-
ing appeals within the United States from the District Courts to the Circuit Courts of
Appeal, and from the Circuit Courts of Appeal to the Supreme Court of the United
States, respectively, so far as the same shall be applicable; and said Courts are here-
by empowered to hear and determine appeals and writs of error so taken.
Sec. 4.—The jurisdiction of said United States Court, both original and on
appeal, in civil and criminal matters, and also the jurisdiction of the Consular Courts
in China, shall in all cases be exercised in conformity with said treaties and the laws
of the United States now in force in reference to the American Consular Courts in
China, and all judgments and decisions of said Consular Courts, and all decisions,
judgments, and decrees of said United States Court, shall be enforced in accordance
with said treaties and laws. But in all such cases when laws are deficient in the
provisions necessary to give jurisdiction or to furnish suitable remedies, the common
law and the law as established by the decisions of the Courts of the United States
shall be applied by said Court in its decisions and shall govern the same subject to
the terms of any treaties between the United States and China.
Sec. 5.—That the procedure of the said Court shall be in accordance, so far as
practicable, with the existing procedure prescribed for Consular Courts in China
in accordance with the Revised Statutes of the United States: Provided, However,
That the judge, of the said United States Court for China shall have authority from
time to time to modify and supplement said .rules of procedure. The provisions of
sections forty-one hundred and six and forty-one hundred and seven of the Revised
Statutes, of the United States allowing Consuls in certain cases to summon associates
shall have no application to said Court.
Sec. 6.—There shall be a district attorney, a marshal, and a clerk of said Court
with authority possessed by the corresponding officers of the District Courts in the
United States as far as may be consistent with the conditions of the laws of the
United States and said treaties. The judge of said Court and the district attorney,
.who shall be lawyers of .good standing and experience, marshal, and clerk shall be
858 THE UNITED STATB6 COUET 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 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.
See. F—The tenure of office of, the judge of said Court shall be ten years, unless
sooner removed by the President for cause; the tenure of office of the other officials
of the Court shall be at the pleasure of the President.
Sec. 8.—The marshal and the clerk of said Court shall be required to furnish
bond for the faithful performance of their duties, in sums and with sureties to be
fixed and approved by the judge of the Court. They shall each appoint, with the
written approval of said judge, deputies at Canton and Tientsin, who shall also be
required to furnish bonds for the faithful performance of their duties, which bonds
shall be subject,' both as to form and sufficiency of the sureties, to the approval of
the said judge. Such deputies shall receive compensation at the rate of five dollars
for each day the sessions of the Court are held at their respective cities. The office
of marshal in China now existing in pursuance of section forty-one hundred and
eleven of the Eevised Statutes is hereby 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-General of the United States to be designated from time to time by the
Secretary of State, and the Consul-General at Shanghai shall thereafter be relieved
of his judicial functions.
BULES OE PEOCEDERE EOE THE COURT OE CONSULS,
SHANGHAI
Approved by the Consular Body, 10th July, 1882
Rule 1.—Every petition and other pleading filed in the Court and all notices
and other documents issuing from the Court shall be entitled “ In the Court of
donsuls.”. -
Rule 2.—The Court will appoint a Secretary whose name and address will be
made public and who shall hold the office until the Court otherwise directs. The
Secretary shall have charge of all records and, under the direction of the Court, issue
.and serve or cause to be served all notices and other documents. He shall also be
the medium of all correspondence.
Rule 3.—Suits shall be commenced and proceeded with in person or by attorney,
and suitors may be heard with or without counsel.
Rule 4.—The language of the Court will be English.
Rule 5.—All proceedings shall be commenced by a petition to the Court, to be
filed in quadruplicate and to state all facts material to the issue in distinct paragraphs.
Rule 6.—The petition will be served upon the defendant with notices to file an
answer in quadruplicate within fourteen days from the date of service. A copy of
the answer will be served on the plaintiff or his counsel under the direciicn of the
Oourt.
Rule 7.—Amendments and other proper pleadings will be admitted upon such
terms as the Court may impose, and such interim .order may be made prior to the
hearing of the cause as the Court may consider necessary.
Rule 8.—When it appears to the Court that a cause is ready to be heard such
cause will be set down for hearing, and notice of the date and place of hearing will be
given to the parties.
Rule 9.—Sittings of the Court will be public and its proceedings recorded by
the Secretary.
Rule 10.—The onus of producing witnesses shall be with the parties, but the
Court will, as far as practicable, aid in procuring the attendance of witnesses.
Evidence will be taken on oath or otherwise as the witness may consider binding.
The examination of witnesses will be conducted as the Court may direct.
Rule 11.—A failure to respond to any order or notice issued by the Court will
entitle the adverse party to judgment by default, and the Court shall be empowered
to give judgment accordingly.
Rule 12.—In any case upon application within sixty days after judgment the
Court may order re-hearing upon such terms as seem just.
Rule 13.—Special cases where the facts are admitted may be submitted in
writing to the Court for decision without appearance of the parties.
•Rule 14.—A minute of all orders shall be drawn up and shall be signed by the
Consuls forming the Court or a majority of them, and all orders shall be expressed
to be made “ By the Court” and shall be signed by the Secretary.
Rule 15.—Judgments will be given in writing by the Judges of the Court, and
either read in Court after notice or served upon the parties.
Rule 16.—The fee shall be for hearing $10—for each notice issued and served
$3—and such fees for recording the proceedings shall be allowed as the Court may
direct. A deposit in such sum as the Court may think sufficient to secure payment
of fees will be required of each petitioner. The costs, including those of counsel, in
the discretion of the Court, shall be paid as the Court directs.
Rule 17.—All fees shall be at the disposal of the Court for the remuneration
of the Secretary.
RULES OE THE SHANGHAI MIXED COURT
The following Provisional Rules for defining the respective jurisdictions of the
Mixed Courts of the International and French Settlement adopted by the Consular
Body of Shanghai, 10th June, 1902, for’reference to the Diplomatic Body at Peking
were approved by the Diplomatic Body at Peking on 28th June, 1902.
' 1.—In all civil cases between Chinese the plaintiff will follow the defendant, and
will sue him before the Mixed Court of his, the defendant’s, residence.
2. —In all criminal cases where foreigners are not concerned and
against Chinese residents in the Settlements the Mixed Court of the Settlements in
which the crime of contravention has been committed is alone competent.
N.B.—The above two clauses include clauses where the defendant or accused is in
the employ of a foreigner, the countersignature of the Consular representative of the
national concerned being as heretofore to be obtained.
3. —In Mixed Civil cases—
(a)—If the plaintiff is a foreigner—not of French nationality—and the Chinese
defendant is a resident of the International Settlement, he is to be sued before the
Mixed Court of the International Settlement.
(&)— If the plaintiff is French and the Chinese defendant is a resident of the
French Settlement, he is to be sued before the Mixed Court of t he French Settlement.
(c) —If the plaintiff is a foreigner—not of French nationality—
defendant is a resident of the French Settlement, the latter shall be sued before the
Mixed Court of the International Settlement, whose warrant or summons for his
appearance after countersignature by the French Consul-G-eneral will be executed or
served by the runners of the International Mixed Court with the assistance of the
Police of the French Settlement, without previous hearing in the Mixed Court of the
French Settlement.
(d) —If the plaintiff is French and the Chinese defendant is
International Settlement the latter shall be sued before the Mixed Court of the French
Settlement, whose warrant or summons for his appearance after countersignature by
the Senior Consul will be executed or served by the runners of the French Mixed Court
with the assistance of the Police of the International Settlement, without previous •
hearing in the Mixed Court of the International Settlement.
4.—Incriminal cases where a foreigner—notof French nationality—is complainant
the Mixed Court of the International Settlement is competent; if a Frenchman is the
complainant the Mixed Court of the French Settlement is competent.
The provisions under Clause 3, c and d, as to executing warrants, also apply under
this clause.
This does not affect or change in any way the present system whereby all warrants
of the Mixed Court of the International Settlement are to be countersigned by the
Senior Consul before their execution by the yamen runners with the assistance of the
Police.
John Goodnow,
Senior ConsuL
FEES EOR THE CONSULAR COURTS OF THE
UNITED STATES OF AMERICA IN CHINA
98— In Consular Court.
InInjallall oases and
and estates where ittheisamount
overare$500insought
question is not more than $500 $ 5.00
In all cases
cases where estates wheredamages
do specific the fee shall he $5 for minor and $15 for greater cases. ...15.00
99— Clerk’s Fees.
| For
For issuing
docketingall everywrits,suit warrants,
commenced attachments, or other compulsory process
For
For executions
all summpnses . . ...••• — ••• ... ...
For filing
For all subpoenas
and entering and notices'
everyor declaration, plea, ortoother paper
For
For administering an oath affirmation, except an associate
For taking
each
anandacknowledgment
takingsucceeding certifyingfolio depositions
...furnishedto fileto a(forpartyeachonfolio of 100 words): for the first 100 words, 50'. cents; for
For a
For making copy of
enteringanyany suchreturn,deposition,
rule, order, continuance, request,decree,
judgment, per folio
( For a copy of any record,
entry certificate,
or of any return,on orfilereport:
paper : for each each folio or recognizance, or drawing any bond, or
for folio
The Jordocket fee of $1, hereinbefore
associates, andallowed,othershallservices
cover all charges herein,for making dockets and indexes issuinginvolved
venire
is $100 or less; taxingwhere the costs,amount allinvolved exceedsnot$100specified
the clerk shallinheallallowed
cases where
for thetheservices
amount specified 2.00
In allin cases
the foregoing
involvingparagraph,
more than in$500allthecasesclerkup toshall$500,he inclusive,
allowed fora feelikeofservices 3.00
. For causes
be allowed, whereforissue likeisservices,
joined b-.tone-half
no testimony
of the above is given,
fees,forrespectively.
causes, dismissed or discontinued, the clerk shall
. For affixing
For searching
every search the sealfor ofanytheparticular
court to any instrument, or otherwhen lienrequired... ., 20
j For property the records of the courtmortgage, for judgments, decrees, or other instruments constituting a lien on any 15
be made and certifying" the result of such search: for each person against whom such search is required to1.00
For receiving,
amount keeping, andkept,paying out money in pursuance of any statute or order of court, 1 per centum of the
For travelling,sothereceived,
All books made necessary and
by thepaid.duties of his office;shall,for going,
during5 cents ahours,
mile, and 5 centsto the
a mileinspection
for returning.
personindesiring clerk’s office containing
to examine the samepublic
withoutrecords any fees or charge office
therefor. be open of any
In cases
For service of escheat
as escheator the clerk shall receive for publication to heirs ... 2.00
10.
' For
For every officeproceedings
recording found of inquest, per folio 2.500150
For
For an affidavit
approving in attachment 1.005050
For affidavit ininbond
For affidavit distressin attachment
replevin cases
cases
For
For approving
affidavit replevin
trials inof bond 1.0500
Where bond isingiven rightofofright
trial property
of property, for approving it 1.0050
100- Marshal's Fees.
For apprehending
leaving ...a deserterand,
portfor the and delivering him on board the vessel deserted from, to be paid by the vessel before
For searching
For serving any writ, same,
serving summonses if not found,ortoother
warrant, attachment, be certified
compulsory by theprocess,
consul,eachandperson...
his order to by the ship 2.00
For
For returning all notices, writs, attachment, warrants, and summonses, each
Forevery
On each bail bond or discharge of prisoner
commitment
For returning
For subpoenas, for each witness summoned
subpoena 1
For
For each
levying day’s attendance upon court
execution ....... . 2.1.3.000000
For
For advertising
releasingproperty propertynnder
property for saleexecution by order of plaintiff ... ... 3.00
For selling under execution,
” Oyer' e r $1,$;.000 and not exceeding $5,000 when the amount collected does not exceed $1, 0 00 per
per cent, cent.
IfFor maxing 2 per cent.
amountcollections
IfForthetravelling exceeds
feesnotice
under $200, In cases where no adjudication has taken place
$200
in serving all processes,provided each mile
5 per
2J per cent. cent.
For serving every not heretofore for, in...addition to the usual travelling fe 1060
tituted for the original scale, 15th J
362 UNITED STATES CONSULAR REGULATIONS
For executinganda deed
For copies
drawing prepareda deed
executing by a party or his attorney
For
For ot
every proclamation writs or papers, furnished on request, per folio
For serving an attachmentin admiralty...
in rem, or a libel in admiralty
For the necessary expenses
fixedinbyofadmiralty,
thekeeping
court. boats, vessels, or other property, attached or libelled in admiralty, a com-
Whenpensation debt,totoorbeclaim
becent,theentitled a commission of 1over ispersettled
cent,-. byProvided,
onthetheparties, without
firstthat$500when
of the a sale oforthedecree,
property, the marshalof 1shall
claim on
such the excess
commission of any
shall sum
be allowed $500
on the appraised value the claim
thereof.value of the property and one-half
is less than the per
For andsaleforof receiving
vessels, orandother property, under process in admiralty, or under the order of a Court of admiralty,
excess of any sum overpaying $500. over the money, 2j per cent, on any sum under $500, and 1| per cent, on the
101—Interpreter's Fees.
For each day’stranslations attendance upon court 2.3.0000
IfFormore
making than 300 words for each additional 100
102—Witnesses’ Fees.
For each
For each day’s attendancein going
mile travelled upon court
to and returning from court ...
103—Crier’s Fees. ... l.Off
On trial of every suit
104— Citizen Associates' Fees.
For each day’s attendance * — ... ... ... ... ••• 8.00
105— Costsfor Prevailing Party.
All necessary Court fees paid out.
106— Consul’s Fees.
The following fees shall be allowed in arbitration proceedings:
Where the
Where amount$500, in question tois $500,
$1,$1,000000ororlessfraction thereof S-OO
Where
InIn cases ititofexceeds
exceeds
libel, $1,000,andforandupeach
slander, all proceedings not requiring money judgments
10.
10.00
10.00
00
all arbitration proceedings judgment may be entered for costs, and execution issued thereon.
For
For issuing aansearch warrant ...3.00
Feesholding
for inquestsinquest are payable out of the estate of the descendent. 10.00
107—Fees in Probate Matters.
(1) The administrator shalla present to thecompensation,
court a bill toof beparticulars of the
bynottheservices rendered by him, and the
(2) court
The consul,
proceeding
shall allowwhenhim
whatsover salaried reasonable
officer (drawing
appertaining to fixedmatters
probate
determinedshall
compensation),
heard and decided bebyconrt.
allowed
him as any fees incourt.
a consular any judicial
(3) isIf,noin fixed any case,salary,a consul shall compensation
and thewhose be appointed fordepends any of onthecollection
open portsofof consular
China andfees,Japan, towho
andshall whoseis vested
office there
with
judical
following fees: authority (as consuls who have fixed compensation), then such consul be allowed the
For
For passing
passing on current reports
on finalof discharge
reports of same of executor, administrator, or guardian
For
For a final order
hearing application for distribution of estates ..
For The
making clerkordershallofreceive
distribution
the following fees:
For
For a citation inandadministration
preparing administering the oath to an executor, administrator,
For
For issuing
docketpapers feeand recording letters of administration and guardian’s certificator guardian
e i
For
For filing
seal to letters of appointment of '
appraisers of "estate
For seal to letters of administration
For shall
all other receive services,
the same suchfeesas entering orders,undercopying and recording orders,
for likeetc.,services,
and suchandlikesubjectacts, thetoclerk
reasonable
The provided
marshal inshall compensation
receive forasasany
mayareservices
beallowed by thetheconsular
allowedrendered by
general
him in
schedule
court.
matters of probate, the same fees that are
such
the general schedule for services of the same nature.
108—Fees in Ministerial Court.
The except
fees of inthecasescourtbrought and its officers shall
courtbeupon theappeal,
same asin allhereinbefore prescribed for the consular courts,
In addition
papers to which,
and process, theandsamebefore said
feesadministering
also as consuls areoaths,
allowedetc. to chargeof which
shall becases
alloweda court
for feethe shall be charged
issuance, filing, ofetc.,... of15.all09
The fees of the clerk, marshal, interpreters, etc., in a ministerial court, shall be the same in appellate as in other case*.
UNITED STATES CONSULAR COURT REGULATION
(Embezzlement, Yageancy) April 13, 1907
Whereas, defects and deficiencies exist in the laws to be enforced by the judicial
authorities of the United States in China as regards embezzlement and vagrancy:
Now therefore, by virtue of the power vested in me by Section 4,086 of the
Revised Statutes of the United States, I, William Woodville Rockhill, Envoy
Extraordinary and Minister Plenipotentiary of the United States of America at
Peking, China, do hereby decree:
1. If any agent, attorney, clerk, or servant of a private person or co-partnership,
or any officer, attorney, agent, clerk, or servant of any association or incorporated
company, shall wrongfully convert to his own use, or fraudulently take, make away
with, or secrete, with intent to convert to his own use, anything1 of value which shall
come into his possession or under his care by virtue of his employment or office,
whether the thing so converted be the property of his master or employer or that of
any other person, co-partnership, association, or corporation, he shall be deemed
guilty of embezzlement, and shall be punished by a fine not exceeding one thousand
dollars, or by .imprisonment for not more than ten years, or both.
2. All persons having no visible means of honest and reputable support, or who
lead an idle and dissolute life; and all persons living by stealing or by trading in,
bartering for, or buying, stolen property, shall be deemed and considered vagrants,
and upon conviction thereof shall be punished by a fine not exceeding one hundred
dollars, or by imprisonment for not exceeding sixty days, or both.
American Legation, W. W. Rockhill.
Peking, China, April 13, 1907.
CHARTER OF THE COLONY OF HONGKONG
Letters Patent passed under the Great Seal of the United Kingdom,
constituting the office of Governor and Commander-in-Chief of the
Colony of Hongkong and its Dependencies.
Dated 14a George the Fifth by the Grace of God of the United Kingdom of Great
February,1917. Britain and Ireland and of the British Dominions beyond the Seas
King, Defender of the Faith, Emperor of India: To all to whom
these Presents shall come, Greeting.
Recites Letters
Patent Whereas, by certain Letters Patent under the Great Seal of Our
January,o 1888.19th United Kingdom of Great Britain and Ireland, bearing date at Westmins-
ter the Nineteenth day of January 1888, Her Majesty Queen Victoria did
c-ms+itute the office of Governor and Commander-in-Chief in and over
the Coiony of Hongkong and its Dependencies, as therein decribed, and
did provide for the Government thereof:
Recites Orders
Council And whereas by Orders of Her said Majesty in Her Privy Council
of189820thin bearing
October, date respectively the Twentieth day October 1898, and the
and
1899.27th Dec., Twenty-seventh day of December 1899, certain territories adjacent to the
said Colony were, for the term therein referred to, declared to be part and
parcel of the Colony in like manner and for all intents and purposes as if
they had originally formed part of the Colony:
And whereas We are minded to make other provision hi lieu of the
above recited Letters Patent of the Nineteenth day of January 1888:
Revokes
Patent ofLetters
19th Letters Now, know ye that We do by these presents revoke the above recited
January, 1888. Patent of the Nineteenth day of January 1888, but without pre-
judice to anything lawfully done thereunder; and We do by these Our
Letters Patent declare Our Will and Pleasure as follows :
of Gover- I.
Offieeconstituted.
nor —There shall be a Gove
Our Colony of Hongkong and its Dependencies (hereinafter called the
Colony), and appointments to the said Office shall be made by Commission
under Our Sign Manual and Signet.
Governor’s II. —We do hereby aut
authorities. and Governor and Commanrier-in-Chief (hereinafter called the Governor) to do
execute all things that belong to his said office, according to the tenour
of these our Letters Patent and of any Commission issued to him under
Our Sign Manual and Signet, Snd according to such Instructions as may
from time to time be given to him, under Our Sign Manual and Signet, or
by Order in Our Privy Council, or by Us through one of Our Principal
Secretaries of State, and to such laws as are now or shall hereafter be in
force in the Colony.
Publication
Governor’s of III. —Every person ap
mission. Com- all due solemnity, before entering upon any of the duties of his office,
cause the commission appointing him to be Governor t© be read and
published in the presence of the Chief Justice or other Judge of the
Supreme Court, and of such Members of the Executive Council of the
CHARTER OF THE COLONY OF HONGKONG 365
Colony as can conveniently attend; which being done he shall then and
' there take Before them the Oath of Allegiance in the form provided by an Oaths to be taken
Act passed in the session holden in the Thirty-first and Thirty-second by G'’vernor-
years of the reign of Her Majesty Queen Victoria, intituled “ An Act to ^“?,wey'l(!tAoct’7!1
amend the Law relating to Promissory Oaths and likewise the usual '
Oath for the due execution of the office of Governor, and for the due and
impartial administration of justice; which Oaths the said Chief Justice or
Judge, or if they be unavoidably absent, the senior Member of the
Executive Council then present, is hereby required to administer.
IV. —The Governor shall keep and use the public seal of
for sealing all things whatsoever that shall pass the said public seal.
V. —There shall be an Executive Council inCl1 and for the Co
the said Council shall consist of such persons as We shall direct by '
Instructions under Our Sign Manual and Signet, and all such persons shall
hold their places in the said Council during Our pleasure. The Governor
may upon sufficient cause to him appearing suspend from the exer- ise of
his functions in the Council any Member thereof pending the signification
of Our pleasure, giving immediate notice to Us through one of Our Prin-
cipal Secretaries of State. If the suspension is confirmed by Us through
one of Our Principal Secretaries of State the Governor shall forthwith by
an instrument under the Public Seal of the Colony revoke the appoint-
ment of such Member, and thereupon his seat in the Council shall become
vacant.
VI. —There shrill be a Legislative Council in and for the
the said Council shall consist of the Governor and such persons as We Couucl1-
shall direct by any Instructions under Our Sign Manual and Signet, and
all such persons shall hold their places in the said Council during- Our
pleasure. The Governor may upon sufficient cause to him appearing
suspend from the exercise of his functions in the Council any Member
thereof pending the signification of Our pleasure, giving immediate notice
to Us through one of Our Principal Secretaries of State. If the suspension
is confirme t by Us through one of Our Principal Secretaries of State the
Governor shall forthwith by an instrument under the Public Seal of the
Colony revoke the appointment of such Member, and thereupon his seat
in the Council shall become vacant.
VII. —The Governor, by and with the advice and c
Legislative Council, may make laws for the peace, order, and good govern- ge^o/coimcii,
ment of the Colony. to make Laws
VIII. —We do hereby reserve to Ourselves, Our heir
full power and authority to disallow, through one of Our Principal Secretaries Laws-
of State, any such law as aforesaid. Every such disallowance shall take
effect from the time when the same shall be promulgated by the Governor
in the Colony.
IX. —We do also reserve to Ourselves, Our heirs and suc
and their undoubted right, with advice of Our or their Privy Council, i^the'crown!1
to make all such laws as may appear necessary for the peace, order, and
good government ©f the Colony.
X. —When a Bill passed by the Legislative Council is prese
Governor for his assent he shall, according to his discretion, but subject to
any Instructions addressed to him under Our Sign Manual and Signet or
through one of Our Principal Secretaries of State, declare that he assents
thereto, or refuses his assent to the same, or that he reserves the same for
the signification of Our pleasure.
XI. —A Bill reserved for the signification of Our pleasu
effect so soon as We shall have given Our assent to the same by Order in
•366 CHARTER OF THE COLONY OF HONGKONG
Council, or through one of Our Principal Secretaries of State, and the
Governor shall have signified such assent by message to the Legislative
Council or by proclamation: Provided that no such message shall be issued
after two years from the day on which the Bill was presented to the
Governor for his assent.
•Governor and XII.—In the mating of any laws the Governor and the T egislative
Counditoobser-
ve instructions, Council shall conform
in that behalf containedto inandanyobserve all rules,under
Instructions regulations,
Our SignandManual
directions
and
Signet.
Land grants. XIII.—The Governor, in Our name and on Our behalf, may make and
execute, under the Public Seal of the Colony, grants and dispositions of
any lands which may be lawfully granted or disposed of by Ds. Provided
that every such grant or disposition be made in conformity either with
some law in force in the Colony or with some Instructions addressed to
the Governor under Our Sign Manual and Signet, or through one of Our
Principal Secretaries of State, or with some regulations in force in the
Colony.
^oweredtoa'
pointJudgesand XIV.—The Governorof may constitute
andbeand appoint all such Judges
other officers. Commissioners,
Ministers in the Justices
Colony, asthemayPeace,
lawfully other necessary
constituted Officers
or appointed and
by
TJs, all of whom, unless otherwise provided by law, shall hold their offices
during Our pleasure.
Grantofpardon. XV.—When any crime or offence has been committed within the
Colony, or for which the offender may be tried therein, the Governor may,
as he shall see occasion, in Our name and on Our behalf, grant a pardon
to any accomplice in such crime or offence who shall give such information
as shall lead to the conviction of the principal offender, or of any one of
such offenders, if more than one; and further, may grant to any offender
convicted of any crime or offence in any Court, or before any Judge or
other Magistrate within the Colony, a pardon either free or subject to
• lawful conditions, or any remission of the sentence passed on such offender
or any respite of the execution of such sentence for such period as the
Kemission of Governor thinks fit, and may remit any fines, penalties, or forfeitures due
fine8
‘ or accrued to IJs. Provided always that the Governor shall in no case,
Proviso. Banish, except wheng the crime,
ment prohibited. offencemake
has been of a political
it a condition of anynature unaccompanied
pardon or remission by
of
any rave
Exception.offences. sentence
Political . that .the„ offender
,. shall
. be banished from or shall absent himself
or be removed from the Colony.
sn^ensionof
officers!101*0 dismiss XVI.anyThe
public Governor may,appointed
officer not upon sufficient
by virtuecause
of a toWarrant
him appearing,
from Us,
whose pensionable emoluments do not exceed one thousand dollars or one
hundred pounds sterling a year, according as the said emoluments are
fixed with reference to dollars or to pounds sterling as the case may be,
provided that in every such case the grounds of intended dismissal are
definitely stated in writing and communicated to the officer in order that
he may have full opportunity of exculpating himself, .and that the matter
is investigated by the Goven or with the aid of the head for the time be-
ing of the department in which the officer is serving.
The Governor may, upon sufficient cause to him appearing, also
suspend from the exercise of his office any person holding any office in the
Colony whether appointed by virtue of any Commission or Warrant from
Us, or in Our name, or by any other mode of appointment. Such suspen-
sion shall continue and have effect only until Our pleasure therein shall be
signified to the Governor. If the suspension is confirmed by one of
Our Principal Secretaries of State, the Governor shall forthwith cause
CHARTER OF THE COLONY OF HONGKONO 867
the officer to be so informed, and thereupon his office shall become vacan\
In proceeding to any such suspension, the Governor is strictly to observe
the directions in that behalf given to him by Our Instructions as aforesaid
XVII.—Whenever the office of Governor is vacant, or if the Governor Succesnion to
become incapable, or be absent from the Colony, Our Lieutenant Governor GoTernmeut-
of the Colony, or if there shall be no such Officer therein, then such person
or persons as may by appointed under the Royal S'gn Manual and Signet,
and in default of any such appointment, the person lawfully discharging
the functions of Colonial Secretary shall during Our pleasure, administer
the Government of the Colony, first taking the Oaths hereinbefore directed ot0fflee
Proviso. o»th»
to be taken by the Governor and in the manner herein prescribed; which -
being done, We do hereby authorise, empower, and command Our Admini3trii powers, &c. of
Lieutenant Governor, or any other such Administrator as aforesaid, to tor.
do and execute, during Our pleasure, all things that belong to the office of
Governor and Commander-in-Chief, according to the tenour of these Our
Letters Pe tent, and according to Our Instructions as aforesaid, and the
laws of the Colony.
XVDL—And Wedo hereby require andcommand all Our officialsand officers and
ministers, civil and military, and all other inhabitants of the Colony,
to be obedient, aiding and assisting unto the Governor and to any person er'nor.
for the time being administering the Government of the Colony.
XIX. —In these Our Letters Patent the term '“the Gov
include every person for the time being administering the government of nor” eiPlamed-
the Colony.
XX. —And We do hereby reserve to Ourselves, Our heirs and s
full power and authority, from time to time, to revoke, alter, or amend revoke^aiter
these Our Letters Patent as to Us or them shall seem meet. or amendPatent.
present
XXI. —And We do further direct andLetters enjoin that these
Patent shall be read and proclaimed at such place or places within the Letter3 PateDt-
Colony as the Governor shall think fit, and shall come into operation on
a day to be fixed by the Governor by Proclamation. *
In witness whereof We have caused these Our Letters to be made
Patent. Witness Ourself at Westminster, the Fourteenth day of February
in the Seventh year of Our Reign.
By Warrant under the King’s Sign Manual,
Schuster.
CONSTITUTION OF THE EXECUTIVE AND
LEGISLATIVE COUNCILS
Instructions passed under the Eojal Sign Manual and Signet to the
Governor and Commander-in-Chief of the Colony of Hongkong and
its Dependencies.
Georoe B.I.
Bateiiuh
e ruary, . Instructions
Colony ofto Our Governorandandits Commander-in-Chief
Hongkong Dependencies or otherin Officer
and overforOur
the
time being administering the Government of Our said Colony and
its Dependencies.
Preamble. Whereas by certain Letters Patent under the Great Seal of Our
BggttwLetters United Kingdom
herewith, We have ofmadeGreat Britainfor and
provision Ireland,
the office bearing even
of Governor date
and Com-
date.n mander-in-Chief (therein and hereinafter called the Governor)
over Our tColony of Hongkong, and its Dependencies (therein and here- in and
inafter called the Colony) :
And whereas We ha ve thereby authorised and commanded the Governor
to do and execute all things that belong to his said office according to
the tenour < f Our said Letters Patent and of any Commission issued to
him under Our Sign Manual and Signet and acco’ding to such Instruc-
tions as may from time to time he given to him under Our Sign Manual
and Signet or by Order in Our Privy Council or by Us through one of
Our Principal Secretaries of State and to such laws as are now or shall
hereafter be in force in the Colony:
Recites instruc- And whereas Her Majesty Queen Victoria did issue certain Instruc-
January
and 1888 tions
Additional to the Governor
the Nineteenth day of under
JanuaryHer1888,
Signand
Manual
certainandAdditional
Signet bearing date
Instructions
TtWuly I806°.f bearing date the Seventh day of July 1896:
And whereas We are minded to substitute fresh Instructions for
the aforesaid Instructions and Additional Instructions:
Revokes In- Now therefore We do, by 'these Our Instructions under Our Sign
it/th5and
1888 January Manual
Addi- tion and said
of Our Signet, revoke
recited as from
Letters the date
Patent, the ofaforesaid
the coming into opera-of
Instructions
tions
1896 of 7th"juiy the Nineteenth day of January 1888 and the aforesaid Additional
- Instructions of the Seventh day of July 1896, but without prejudice to
anything lawfully done thereunder, and instead thereof We do direct
and enjoin and declare Our will and pleasure as follows:—
ofAdministration
Oaths. jn theI.—The
public Governor
service of may, whenever
the Colony he thinks
to take the Oathfit, ofrequire any person
Allegiance, in the
form prescribed by the Act mentioned in Our said recited Letters Patent,
together with such other Oath or Oaths as may from time to time be
prescribed by any laws in force in the Colony. The Governor is to
administer such Oaths, or to cause them to be administered by some
public officer of the Colony.
CONSTITUTION OF COUNCILS—HONGKONG
II. —The Executive Council of the Colony shall consist of the Lie
•enant-Governor of the Colony (if any), the Senior Military Officer for council?6
. the time beinar in command of Our Regular Troops within the Colony,
the persons for the time being lawfully discharging the functions of
j Colonial Secretary, of Attorney-General, and of Treasurer of the Colony,
who are hereinafter referred to as ex officio Members, and of such other
: persons as at the date of the coming into operation of Our said recited
Letters Patent are Members of the said Council, or as We may from
time to time appoint by any Instructions or Warrant under Our Sign
Manual and Signet, or as the Governor in pursuance of Instructions
from Us through one of Our Principal Secretaries of State may from
I time to time appoint under the Public Seal of the Colony.*
III. —Whenever any Member, other than an ex officio Membe
the Executive Council of the Colony shall, by writing under his hand, Membere'ofthe
resign his seat in the Council, or shall die. or be declared by the Councl Executive
| Governor by an Instrument under the Public Seal of the Colony to be •
{ incapable of exercising his functions as a Member of the Council, or be
absent from the Colony, or shall be acting in an office the holder of
which is an ex officio Member of the Council, or shall be suspended from
■ bhe exercise of his functions as a Member of the Council, the Governor
may, by an Instrument under the Public Seal of the Colony, provisionally
j appoint any public officer to be temporarily an Official or Unofficial
' Member of the Council, and any person not a public officer to be tem-
I porarily an Unofficial Member of the Council in the p’ace of the Member
| so resigning, or dying, or being suspended, or* declared incapable, or
being absent, or sitting as an ex officio Member.
Such person shall forthwith cease to be a Member of the Council if
his appointment is disallowed by Us, or if the Member in whose place he
was appointed shall be released from suspension, or, us the case may be,
shall be declared by the Governor by an Instrument under the Public
Seal capable of again discharging his functions in the Council, or shall
return to the Colony, or shall cease to sit in the Council as ah ex officio
Member.
IY.—The Governor shall without delay, report to Us, for Our con- such provisional
firmation or disallowance, through one of Our Principal Secretaries of bf nnmediateiy0
State, every provisional appointment of any person as a Member of the reported,
said Executive Council. Every such person shall hold his place in the
Council during Our pleasure, and the Governor may by an Instrument
under the Public Seal revoke any such appointment.
Y.—The Official Members of the Executive Council' shall take pre- precedences,
cedence of the Unofficial Members, and among themselves shall have
seniority and precedence' as We may specially assign, and, in default
thereof, first, the ex officio Members in the ordfer in which their offices
are above mentioned (except that the Senior Military Officer, if below
the rank of Lieutenant-Colonel in Our Army, shall take precedence after
the person lawfully discharging the functions of Attorney-General), and
then other Official Members and all Unofficial Members according to the
priority of their respective appointments, or if appointed by or in pur-
suance of the same Instrument, according to the order in which they are
named therein.
VI.—The Governor shall forthwith communicate these Our Instruc-Governor to
tions to the Executive Council, and likewise all such others, from time to ^3"™ etiomTto
time, as We may direct, or as he shall find convenient for Our service to Executive
Counci1
impart to them/ '
370 CONSTITUTION OF COUNCILS-HONGKONG
Executive Council shall not proceed to the despatch of
duly summoned by authority of the Governor, nor unless
two Members at the least (exclusive of himself or of the Member presid-
ing), be present and assisting throughout the whole of the meetings at
which any such business shall be despatched.
VIII. —The Go
the Executive Council, unless when prevented by illness or other grave
cause, and in his absence such Member as the Governor may appoint, or in
the absence of such Member the senior Member (f the Council actually
present, shall preside.
IX. —Minutes shall
Executive Council; and at each meeting of tne Council the Minutes of
the last preceding meeting shall be confirmed or amended, as the case
may require, before proceeding to the despatch of any other business.
Twice in each year a full and exact copy of all Minutes for the
preceding half year shall be transmitted to Us through one of Our
Principal Secretaries of State.
X. —In the execution
IfHr with Governor by Our said recited Letters Patent, he shall in all cases consult
the Executive Council, excepting only in cases which may be of such,
a nature that, in his judgment, Our service would sustain material pre-
judice by consulting the Council thereupon, or when the matters to be
decided shall be too unimportant to require their advice, or too urgent
to admit of their advice being given by the time within which it may be
necessary for him to act in respect of any such matters. In all such
urgent cases he shall, at the earliest practicable period, communicate to
the Executive C< uncil the measures which he may so have adopted, with
the reasons therefor.
XI. —The Govern
the Executive Council for their advice or decision; but if the Governor
decline to submit any question to the Council when requested in writing
by any Member so to do, it shall be competent to such Member to
require that there be recorded upon the Minutes his written application^
together with the answer returned by the Governor to the same.
XII. —The Gov
ties granted to him by Our Said recited Letters Patent, act in opposition
SeF" to the advice given.to him by the Members of the Executive Council, if
he shall in any case deem it right to do so; but in any such case he shall
Sf:; fully report the matter to Us by the first convenient opportunity, with
require their the grounds and reasons of his action. In every such case it shall be
competent to any Member of the said Council to require that there be
HIH? recorded at length on the Minutes the grounds of any advice or opinion
he may give upon the question.
XIII. —The
Governor, the Lieutenant Governor (if any), the Senior Military Officer
for the time being in command of Our regular troops within the Colony,
the persons for the time being lawfully discharging the functions of
Colonial Secretary, Attorney-General, and Treasurer" of the Colony, and
such other persons holding office in the Colony, and not exceeding three
in number at any one time, as at the date of the coming into operation
OfflcialMembers. of Our said recited Letters Patent are Official Members of the said
Council, or as We may from time to time appoint by any Instructions or
Warrants under Our Sign Manual and Signet, or as the Governor, in
pursuance of Instructions from Us, through one of Our Principal Secre-
taries 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.
CONSTITUTION OF COUNCILS—HONGKONG 371
not exceeding six in number at any one time, as at the date of the coming
into operation of Our said recited Letters Patent ai’e Unofficial Members Unofficial
of the said Council, or as the Governor, in pursuance of Instructions Mem eE9'
from Us, through one of our Principal Secretaries of State, may from
time to time appoint by an Instrument under the Public Seal of the
-Colony, and all such persons shall be styled Unofficial Members of the
Legislative Council.
XIV. —Whenever any Official Member other then an ex
Member of the Legislative Council of the Colony shall, by writing under pEof'official
’his hand, resign his seat in the Council, or shall die, or be suspended from ^sTntT&e
the exercise of his functions as a Member of the Council, or be declared
by the Governor by an Instrument under the Public Seal of the Colony
do 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, the Governor may, by an
Instrument under the Public Seal of the Colony, provisionally appoint
some person to be temporarily an Official Member of the Council in the
place of the Member so resigning, or dying, or being suspe ded, or
•declared incapable, or being absent, or sitting as an ex Officio Member.
Such person shall forthwith cease to be an Official Member of the
■Council if his appointment is disallowed by Us, 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.
The Governor shall, without delay, report to Us, for Our confirmation Provisional^ ^
or disallowance, through one of Our Principal Secretaries of State, every bePimmediateiy
provisional appointment ot’ any person as an Official Member of the reported.
Legislative Council. Every such person shall hold his place in the Council Revocation of
during Our pleasure, and the Governor may by an Instrument under the mentsPP°int
Public Seal revoke any such appointment.
XV. —If any Unofficial Member of the Legislative Council shall
become incapable of discharging his functions as a Member of the Council, pEofUnofficlJ
or be suspended or removed from his seat in the CoiJncil, or be absent from ^Members
the Colony, or if he resign by writing under his hand, or if his seat become
vacant, the Governor may, by an Instrument under the Public Seal of the
Colony, provisionally appoint in his place a fit person to be temporarily an
Unofficial Member of the said Council.
Such person shall forthwith cease to be a Member if his appointment
is disallowed, by Us, or if the Member in whose place he was appointed
shall return to the Colony, or, as the case may be, 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. Prov
The Governor shall, without delay, report to Us, for Our confirmation !“°“gJltg ^
or disallowance, to be signified through one of Our Principal Secretaries of bePmmS1ateiy
State, every provisional appointment of any person as an Unofficial Member reported,
of the Legislative Council. Every such person shall hold his place in the Revocation of
Council during Our pleasure, and the Governor may by an Instrument nieCntsPP°int
under Ihe Public Seal revoke any such appointment.
XVI. —Every person who at the date of the coming into ope
Our said recited Letters Patent is an Unofficial Member of the Legislative Members.013,
•Council may retain his seat until the end of six years from the date of his
appointment, and every Unofficial Member appointed after the date of the
coming into operation of Our said recited Letters Patent shall vacate his
seat at the end of six years from the date of the Instrument by which or
in pursuance of which he is appointed, unless it is otherwise provided by
that Instrument.
372 CONSTITU riON OP COUNCILS-HONGKONG
Provided that if and such Member is provisionally appointed to fill a
vacant seat in the Council and his provisional appointment is immediately
followed by his definitive appointment, the aforesaid period of six years
shall be reckoned from the date of the Instrument provisionally appointing
him.
Every such Unofficial Member shall be elegibleto be re-appointed by
the Governor by an Instrument under the Public Seal of the Colony for a
further peridd not exceeding six years, subject to Our approval conveytd
through one of Our Principal Secretaries of State.