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OPPOSITE THE BRITISH MUSEUM
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LONDON, W.C. 1.
NEAR THE BRITISH MUSEUM
# 51 '
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HART STREET, BLOOMSBURY SQUARE,
LONDON, W.C. 1.
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THE
DIRECTORY & CHRONICLE
CHINA, JAPAN, COREA, INDO-CHINA,
STRAITS SETTLEMENTS, MALAY STATES,
SIAM, NETHERLANDS INDIA, BORNEO,
THE PHILIPPINES, &c.
WITH WHICH ARE INCORPORATED “THE CHINA DIRECTORY” AND
“THE HONGKONG DIRECTORY ANi> HONG LIST FOR THE FAR EAST”
; s ' f
FC>U THE YEAR
1931
SIXTY-NINTH YEAR OF PUBLICATION
THE HONGKONG- DAILY PRESS, LTD.
11, ICE HOUSE STREET, HONGKONG, AND 53, FLEET STREET, LONDON, E.C. 4.
MDCCCCXXXI.
A
INDEX-DIRECTORY
_A_ PAGE Tg~ PAGE 'F—Cont. PAGE
Agencies iu Far East... 1835 Kedah 1395 Port Arthur 644
Alphabetical List of Keelung... ... ... 507 Port Edward 668
Foreign Eesidents ... 1557 Kelantan 1389 Pt. Dickson (see N. Sembilan)
Amoy 943 Kiaochau 671 „ Swettenham (see Selangor)
Annam ... ... ... 1181 Kirin ... 642 Prov. Wellesley (see Penang)
Annam, Provinces du ... 1184 Kiukiang 887 Q
Antung 646 Klang (see Selangor) Quinhon 1186
B Kobe 467 IR
Bagnio 1464 Kongmoon 977 Rubber Estates, etc. ... 1994
Bangkok 1214 Kouang-tcheou-wan ... 985 S
Batavia 1419 Kowloon Frontier ... 975 Saigon 1191
Borneo 1517 Kuala Kangsar (see Perak) Samshui 979
Brunei 1532 Kuala Lumpur (see Selangor) Sandakan (see N. Borneo)
Buitenzorg 1419 Kuantan (see Pahang) Santuao 933
C Kuliang 936 Sarawak... ... ... 1517
Cambodge 1211 Kunsan 521 Selangor 1351
Canton 957 Kweilin 983 Semarang 1433
Cebu 1509 Kyoto 464 Seoul ... ... ... 512
Changchun 641 Kyushu 497 Seremban (see N. Sembilan)
Changsha ... ... 913 Shanghai fi83
Chefoo 658 Labuan ... 1530 Shasi ... ... ... 912
Chemulpo 516 Lappa ... 976 Shidzuoka 435
China ..; 523 Lungchingtsun... ... 642 Shimonoseki ... ... 497
Chinkiang 879 Lungchow y93 Siam ... ... ... 1213
Chinnampo ... ... 520 Lungkow 665 Singapore 1237
Chinwangtao 615 1VT Song-jin 52 L
Cholon ... 1210 Macao ... ... ... 1147 Soochow... ... ... 876
Chosen (Corea) 510 Macassar 1439 Sourabaya ... ... 1427
Chungking 920 Malacca 1318 Steamers, Coasting ... 1552
Classified List of Mer- Malay States (Fed.) ...1325 Straits Settlements ... 1231
chants and Manufac- Malay States (Unfed.)... 1379 Sumatra... ... ... 1442
turers in Far East ... 1897 Manchurian Trade Cent. 622 Swatow 949
Cochin China 1190 Manila 1462 ... 1001
Corrections & Add’ns. XXXVII Masampo ... ... 519
T* .
Dairen
3D
... 648
Medan (see Sumatra)
Mengtsz... ... ... 995 Taihoku (Taipeh) ... 505
Merchants & Manufactur- Tainan, Takao & Anping 508
Daitotei (Twatutia) ... 505 Taiping (see Perak)
Davao, P.I XLIV ers, Classified List of... 1897
Moji and Shimonoseki... 494 Taku 613
Mokpo 520 Tamsui 504
Mukden ... 622 Telegraphic Addresses... 2031
UST
Teluk Anson (see Perak)
Foochow 935 Tengyueh 999
Formosa 502 Nagasaki 498
Nagoya 437 Tientsin 565
Fusan 518 Tokyo 370
TT Nanking 881
Nanning 984 Tonkin ... ... ... 1162
Haiphong ... ... 1168 Tonkin, Provinces du ... 1175
Hakodate 440 Naval Squadron, British 1534
Naval Squadron, Japan. 1550 Tourane... ... ... 1184
Hangchow 925 Trengganu ... ... 1392
Hankow 890 Naval Squadron, U.S. ... 1540 Tsinan ... ... ... 678
Hanoi 1162 Negri Sembilan ... 1369
Netherlands India ... 1399 Tsingtao 671
Harbin 630
Hoihow (in Hainan) ... 990 Newchwang 617
Hokow 998 Nicolaevsk 364 Unsan Gold Mines 516
Hongkong 1003 Ningpo 929 "V
Hongkong Ladies List... 1140 North Borneo, State of... 1523 Yladivostock 363
H’kong. Peak Resdts.... 1144 -w
Hu§ 1181 Osaka ... 443 Wei-hai-wei 667
Hunchun 643 Wenchow 931
Padang ... ... 1436 Wonsan,Gensan,Yuensan 518
Ichang 918 Pahang ... ... 1375 Wuchow... ... ... 981
Iloilo 1506 Pakhoi ... ... 987 Wuhu 885
Indo-China 1161 Peiteiho ... ... 615 ~zr
Ipoh (see Perak) Penang ... ... 1296 Yochow ... ... ... 910
Peping ... ... 549 Yokohama 420
Japan ... J. 365 Perak ... 1335 Yunnanfu ... ... 997
Jesselton (see B.N. Borneo) Perlis . 1398 Z
Johore ... • 1380 Philippine Islands ... 1451 Zamboanga 1513
INDEX - DIRECTORY
PAGE
Alphabetical List Ch i na—Continued Japan—Continued
Foreign Residents ... 1557 Southern Ports—Continued Nagoya 437
Annam 1181 Samshui 979 Osaka ... 443
Annam, Provinces du ... 1184 Santuao ... 933 Shidzuoka ... ... 435
Hue 1181 Swatow 949 Shimonoseki 497
Quinhon ... 1186 Wenchow ... ... 931 Tokyo ... ... ... 370
Tourane... ... ... 1184 Wuchow 981 Yokohama ... ... 420
Borneo 1517 Vs.ngtsze Ports Macao
Brunei 1532 Changsha ... ... 913 Macao 1147
Jesselton (see N. Borneo) Chinkiang ... ... 879 Malay States
Kudat (see N. Borneo) Chungking 920 (Federated & TJnfederated)
Labuan 1530 Hankow ... 890 Ipoh (see Perak)
North. Borneo, State of 1523 Ichang 918 Johore 1380
Sandakan (see N. Borneo) Kiukiang 887 Kedah 1395
Sarawak ... 1517 Nanking 881 Kelantan ... ... 1389
Tawao (see N. Borneo) Shasi ... ... ... 912 Klang (see Selangor
China 523 "Wuhu ... 885 Kuala Kangsar (see Perak)
Central Ports Ybchow 910 Kuala Lumpur (see Selangor)
Shanghai 683 Kuantan (see Pahang)
Chosen (Corea) 510 Malay States (Fed.) ... 1325
Soochow... ... ... 876 Chemulpo ... ... 516 Malay States (Unfed.) 1379
Frontier Ports
Chinnampo ... ... 520 Muar (see Johore)
Kouang-tcheou-wan ... 985 Fusan 518 Negri Sembilan ... 1369
Kowloon Frontier ... 975 Kunsan 521 Pahang ... 1375
Lappa 976 Masampo ... ... 519 Perak 1335
Lungchow 993 Mokpo 520
Mengtsz Perlis 1398
995 Seoul 512 Pt. Dickson (see N. Sembilan)
Szemab ... 1001 Song-jin... ... ... 521 „ Swettenham (see Selangor)
Tengyueh 999 Unsan Gold Mines ... 516 Selangor... ... ... 1351
Tunnanfu ... ... 997 Wonsan, Gensan,Yuensan 518 Seremban (see Negri Sembilan)
Northern Ports Taiping (see Perak)
Antung '.. 646 Classified Lists
Agencies in Far East... 1835 Teluk Anson (see Perak)
Changchun 641 Trengganu ... ... 1392
Ohefoo 658 Merchants & Manufac-
turers in the J’ar East 1897 Ulu Selangor (see Selangor)
Chinwangtao 615
Dairen 648 Kubber Estates, etc. ... 1994 Naval Squadrons
Harbin ... 630 Cochin-China 1190 Naval Squadron, Brit.... 1534
Hunchun 643 Cambodge 1211 Naval Squadron, Japan. 1550
Kiaochau 671 Cholon ... 1210 Naval Squadron, U.S.... 1540
Kirin ... 642 Saigon 1191 Netherlands India 1399
Lungchingtsun... 642 Corrections & Add’ns. Batavia ... 1419
Lungkow 665 Tokyo-Davao, P.I. xxxvn Buitenzorg ... ... 1419
Manchurian Trade Cent, Eastern Siberia 363 Macassar 1439
Mukden ... Nicolaevsk 364 Medan (see Sumatra)
Newehwang 617 Vladivostook ... ... 363 Padang ... 1436
Peiteiho... 615 Semarang 1433
Peiping 649 Formosa 502 Sourabaya ... ... 1427
Port Arthur 644 Daitotei
Keelung
(Twatutia) ... 505
507
Sumatra, East Coast of 1442
' Port Edward 668 Philippine Islands 1451
Taku 613 Tainan, Takao & Anping 508 Baguio 1464
Tientsin 565* Taihoku (Taipeh) ... 505 Cebu 1509
Tsinan 678 Tamsui 504 Davao XLIV
Tsingtao 671 Hongkong 1003 Iloilo ... 1506
Wei-hai-wei 667 Ladies’ List 1140 Manila 1462
Sonthern Ports Peak Residents 1144 Zamboanga 1513
Amoy ... 943 Indo-China 1161 Siam 1213
Canton ... ... ... 957 Haiphong 1168 Bangkok 1214
Foochow ... ... 935 Hanoi 1162 Steamers
Hangchow 925 Tonkin 1162 Coasting 1552
Hoibow (in Hainan) ... 990 Tonkin, Provinces du ... 1175 Straits Settlements
Hokow 998 Japan 365 1231
Kongmoon 977 Hakodate 440 Malacca ... 1318
Kuliang 936 Kobe 467 Penang 1296
Kweilin 983 Kyoto 464 Prov. Wellesley (see Penang)
Nanning 984 Kyushu 497 Singapore ... ... 1237
Ningpo 929 Moji 494 Telegr. Addresses
Pakhoi 987 Nagasaki ... ... 498 For the Far East ... 2031
INDEX-TREATIES, CODES AND GENERAL
PAOB
Advertisers, Index to v
Great Britain, Chungking Agreement, 1890 17
Calendar, Anprlo Chinese xxxiv Great Britain, Emigration Convention, 1904 34
Calendar and Chronology viir Great Britain, Kowloon Extension, 1898 20
Chinese Festivals xxxv Great Britain, Nanking, 1842. 3
Chinese Money 878 Great Britain, Opium Agreement, 1911 39
Great Britain, Sup. Commercial Treaty with China 22
Chinese Passengers’ Act. 338
Great Britain, Tibet-Sikkim Convention, 1890 18
Chinese Weights and Measures 648
Consortium Agreement, 1920 180 Great Britain, Tientsin, 1858 5
Foreign Jurisdiction Act, 1890 228 Great Britain, Weihaiwei Convention, 1898 21
Harbour Regulations, Japan 362 Japan, Agreement, China-Korean Boundary, 1909,178
Hongkong Chair & Jinricksha Fares, and Boat Hires. .956 Japan, Agreement Regarding Manchurian Ques-
tions, 1909 179
Hongkong Chamber of Commerce Scales, etc. xxxm Japan, Commercial, Peking, 1896 101
Hongkong, Charter of the Colony of 306 Japan, Protocol, New Ports, Peking, 1896 106
Hongkong, Constitution of Councils 326 Japan, Regarding Manchuria, 1905 115
Hongkong Legislative Council, Rules of 326 Japan, Regarding Shantung, 1915 117
Hongkong—Royal Instructions 310 Japan, Regarding S. Manchuria and Mongolia,1915,119
Hongkong—Royal Instructions (Additional), 1922 319 Japan, Settlement of Outstanding Questions
Hongkong—Royal Instructions (Additional), 1928 321 relative to Shantung 121
Hongkong—Royal Instructions (Additional), 1929 323 Japan, Transfer of Shantung, 1922 192
Hongkong Port Regulations 342 Japan, Shimonoseki, 1895 93
Hongkong Stock Exchange , 924 Japan, Supplementary Treaty of Commerce,
Hongkong Storm Signal Codes and Stations xxxvi 1903 107
Hongkong Time Signals XLIV Portugal, 1888 85
Insurance, Japanese Ordinance 341 Portugal, 1904 93
Japanese Weights, Measures and Money 501 Russo-Chinese Agreement, 1924 136
Malay States Federation Agreement, 1896 222 United States of America, Additional, 1869 71
Manila Invoice Charges 1460 United States of America, Commercial, 1903 78
Money, Weights and Measures of Hongkong, Straits United States of America, Immigration, 1894 76
Settlements and Philippine Islands 1516 United States of America, Immigration and Com-
Orders in Council (Amendment) China & Corea, 1907, 275 mercial, 1880 73
Orders in Council (Amendment) China & Corea, 1909, 278 United States of America, Tientsin, 1858 65
Orders in Council (Amendment) China* Corea, 1910 . .280 With Japan:—
Orders in Council, China (Amendment), 1913 281 Great Britain, 1894 144
Orders in Council, China (Amendment) 1914., 288 Great Britain, Commerce and Navign., 1911 153
Orders in Council, China (Amendment), 1915 289
Great Britain, Estates of deceased persons, 1900..151
Orders in Council, China (Amendment No. 2), 1920 . .290
Great Britain, Japan-India Commercial, 1904 152
Orders in Council, China (Amendment No. 3), 1920 ..290
Korea, Treaty of Annexation, 1910 139
Orders in Council, China (Amendment), 1921 291
Russia, Convention, 1916 171
Orders in Council (Companies), China, 1915 293
Russia, Railway Convention, 1907 168
Orders in Council (Companies), China (Amendment),
1919 297 Russia, Treaty of Peace, 1905 164
Orders in Council (Treaty of Peace), China, 1919 299 Russo-Japanese Convention, 1925 172
Orders in Council, H.B.M., China and Corea 234 United States, 1886, Extradition Treaty 162
Port Regulations for H.B.M. Consulates in China 349 With Korea:—
Shanghai Chamber of Commerce Scales, etc 682 Great Britain, Trade Regulations 141
Siam, Foreign Jurisdiction, 1909 208 With Siam:—
Siamese Money, Weights and Measures 1230
France, 1904 210
Statutory Rules and Orders (China and Corea), 1909 . .302
France, 1907 212
Tables of Consular and Marriage Fees 303
Great Britain, 1856 196
Treaty Ports, etc 224
Great Britain, 1909 202
Treaties:—With China Great Britain, 1913, re Fugitive Criminals 207
Final Protocol with Eleven Powers, 1901 128 Great Britain, Registration of Subjects, 1899 v.. .201
France, Additional Convention, 1895 63 ' Great Britain, Trade Regulations with 199
France, Convention, 1887 61 Japan,1898 216
France, Convention of Peace, 1860 42 Russia, 1899 220
France, Peking, 1860 51 Great Britain and France, Siamese Frontier, 1896 ..221
France, Tientsin, 1885 53 Great Britain and Portugal, Opium, 1913 223
France, Trade Reglns. for Tonkin Frontier, 1886.. 56 United States Consular Court Fees 358
Germany, Peking, 1921 133 United States Consular Courts in China, Regulations . .360
Great Britain, Btirmah Convention, 3897 18 United States Court for China, Jurisdiction 355
Great Britain, Chefoo Convention, 1876 13 Washington Conference Resolutions, 192L-22 183
INDEX TO ADVERTISERS
PAGE PAGE
A.B.C. DIRECTORY OF AMERICAN BUYER’S GUIDE 2089
MERCHANTS AND MANUFACTURERS 2154
CALCULATING MACHINES :—
A. B.O. DIRECTORY OF BRITISH MER-
Original-Odhner (Dodwell & Co.)
CHANTS AND MANUFACTURERS ... 2092 Back cover
A.B.C. DIRECTORY OF CANADIAN MER- CEMENT MANUFACTURERS :—
CHANTS AND MANUFACTURERS ... 2152 Indo-China Portland Cement Co.,
Ld., Haiphong (Indo-China) ...xxxn
A.B.C. DIRECTORY OF CONTINENTAL Indo-China Lafarge Aluminous
MERCHANTS & MANUFACTURERS ... 2124 Cement Co., Ld., Haiphong ... XXXII
ACCOUNTING MACHINES:— CHEMICAL PRODUCTS :—
Elliott-Fisher (Dodwell & Co.) ... Union Chimique Beige, Brussels... 2122
Back cover
ACME COMMODITY CODE
COAL MERCHANTS :—
Acme Code Co., U.S.A 1084B Dodwell & Co., Ld Back cover
ADDING MACHINES:—
Kailan Mining Administration,
Sunstrand (Dodwell & Co.)... Back cover Tientsin Inside back cover
ADVERTISING AGENTS :— COTTON GOODS MANUFACTURERS :—
Millington, Ld 1088B E. Spinner k Co., Manchester and
Bombay... {Hongkong Tab page) 1002B
ART PRODUCTIONS:—
Raphael Tuck & Sons, London ...
Inside back cover H’kong. & Whampoa Dock Co., Ld. 1088A
BANKS :— New Engineering & Shipbuilding
Bank of Canton, Ld XXVIII Works, Ld., Shanghai 820B
Bank of Montreal, Canada 762A
Banque Franco-Chinoise pour le DUPLICATORS :—
Commerce et ITndystrie xxm D. Gestetner (Eastern), Ld., Hong-
Banque de Paris et des Pays-Bas... XXII kong ... Facing Hongkong Tab page
Chartered Bank of India, Australia
ELASTIC FABRICS:—
and China xxv
Wm. Preston & Son, Ld., England 2161
Hongkong and Shanghai Bank ... xxiv
Hongkong Savings Bank xxvm ENGINEERS AND MACHINISTS:—
International Savings Society, Hongkong Excavation, Pile Driv-
Shanghai 820A ing & Construction Co. ... 1084A & B
Mercantile Bank of India xxvi H’kong. & Whampoa Dock Co., Ld. 1088A
National City Bank of New York XXVII New Engineering & Shipbuilding
BALL AND ROLLER BEARINGS :—
Works, Shanghai ... _ 820B
The Ekman Foreign Agencies, Rapid Magnetting Machine Co.,
Ld., Shanghai 762A
Ld., Birmingham 2089
Reiss, Massey & Co., Ld 1118A
BISURATED MAGESIA :—
Bismag Top edge of book FERTILISERS :—
Union Chimique Beige, Brussels... 2122
BOOKSELLERS AND PUBLISHERS:—
Acme Code Co., U.S.A 1084B GASOLENE AND KEROSENE :—
Directory & Chronicle for China, Asiatic Petroleum & Co xx
Japan, etc. (Hongkong Daily Standard Oil Co. of New York ...
Press, Ld., publishers) ... xxi & 1084A All Tab pages
BRICK MANUFACTURERS :— GLASS MANUFACTURERS:—
Kailan Mining Administration, S. & C. Bishop & Co., Lancashire... 2164
Tientsin Inside back cover Yao Hua Mechanical Glass Co.,
Ld., Tientsin Inside back cover
BUILDING ENGINEERS & CONTRACTORS:—
Hongkong Excavation, Pile Driv- GUNS AND RIFLES :—
ing & Construction Co. ... 1084A & B The Midland Gun Co., England... 2089
B
VI INDEX TO ADVERTISERS-Continued
PAGE PAGE
HARDWARE MANUFACTURERS:— MANUFACTURERS OF PETROL TAP
Rapid Magnetting Machine Co., AND CARBURETTER FLOODER:—
Ld., Birmingham 2089 Bowden Wire, Ld., London 364B
Shankey-Sheldon (Harris & Shel- ( Japan Tab page)
don, Ld.), London ... 364B & 1002B
(Japan and Hongkong Tab pages)
MERCHANTS, COMMISSION AGENTS, ETC. : —
HOLLOWWARE :— A.B.C. Directory of American Mer-
T. L. Grosvenor, England 2091 chants and Manufacturers ... 2154
A.B.C. Directory of British Mer-
HORSE SHOE NAILS:— chants and Manufacturers ... 2092
Aktiebolaget, O. Mustad & Son, A.B.C. Directory of Canadian Mer-
Sweden 2123 chants and Manufacturers ... 2152
A.B.C. Directory of Continental
HOTELS: — Merchants and Manufacturers... 2124
Adelphi Hotel, Singapore 1240A Bolton & Co., F. B., Brisbane
Kingsley Hotel, London Facing all Tab pages
Inside front cover Dickinson & Co., John, England
Thackeray Hotel, London ... do. (Paper) 2090
Dodwell & Co., Ld Back cover
IMPORTERS AND EXPORTERS:— Edward Le Bas & Co., England... 2091
Bolton & Co., F. B., Brisbane ... Johnston, Horsburgh & Co., Lon-
Facing all Tab pages don (Paper) 1240B
Dodwell Edward Le Bas & Co., England... 2091 Reiss, Massey & Co 1118A
Loxley & Co., W. R 1102B Sutton & Sons, England (Seeds)... 2091
Reiss, Massey & Co., Ld 1118A
MOTOR SPIRITS :—
INDUSTRIAL CHEMICALS:— Asiatic Petroleum Co., Ld xx
Union Chimique Beige, Brussels .. 2122 Front cover and Canton Tab page
Standard Oil Co. of New York ...
INSDRANCE: LIFE, FIRE AND MARINE :—
All Tab pages
Dodwell & Co., Ld Back cover NEWSPAPERS :—
General Accident, Fire and Life Elephant Bra/id (Wm. Soanes,
Assurance Corpn., Ld. ...Front cover London) 1230B
Pearl Assurance Co., Ld., {Straits Settlements Tab page)
London Front cover
Reiss, Massey & Co. _ 1118A OFFICE EQUIPMENT:—
Union Insurance Society of Roneo (Dodwell & Co.) Back cover
Canton, Ld Hinge of cover Sankey-Sheldon (Harris & Shel-
don, Ld.), London ... 364B & 1002B
IRON AND BRASS FOUNDERS :— (' Japan and Hongkong Tab pages)
H’kong. & Whampoa Dock Co., Ld. 1088A
New Engineering & Shipbuilding
OIL MERCHANTS :—
Works, Shanghai 820B
Asiatic Petroleum Co., Ld xx
Rapid Magnetting Machine Co.,
Birmingham 2089 (Front cover and Canton Tab page)
De Bataafsche Petroleum Mij.,
KHAKI MATERIALS:— Dutch East Indies xx
E. Spinner & Co., Manchester and Franco - Asiatique des Petroles,
Bombay ...{Hongkong Tab page) 1002B
Indo-China xx
Rising Sun Petroleum Co., Japan xx
LINEN WORKS:— Standard Oil Co. of New York ...
C. T. Tai ORES AND SEPARATORS:—
MACHINERY :— Rapid Magnetting Machine Co„
Dodwell & Co Back cover Ld., Birmingham 2089
H’kong. & Whampoa Dock Co., Ld. 1088A
New Engineering & Shipbuilding OXY-ACETYLENE WELDING & CUTTING :—
Works, Ld., Shanghai 820B Far East Oxygen & Acetylene Co.
Rapid Magnetting Machine Co., (S.O.A.E.O.), Shanghai ... ... 762B
Ld., Birmingham 2089 New Engineering & Shipbuilding
Reiss, Massey & Co., Ld 1118A Works, Shanghai 820B
INDEX TO ADVERTISERS—Continued VII
PAGE PAGE
PACIFIERS, “GRIP-TIGHT” PNEUMATIC:— STEAMSHIP LINES :—
Lewis Woolf, Ld., England 2090 American Express Co. ... All Tab pages
Apcar Line 1118B
PAINT MERCHANTS
British India S. N. Co., Ld. ... 1118B
Bituminous Paint—Asiatic Petro- Canadian Pacific S.S., Ld xxx
leum Co., Ld. ' xx Dodwell & Co., Ld Back cover
PAPER MANUFACTURERS :— Douglas Steamship Co xxxi
John Dickinson & Co., England... 2090 Eastern and Australian Line ... 1118B
Ellerman & Bucknall S.S. Co., Ld...
Johnston, Horsburgh & Co.,
London 1240B
Inside front cover
Reiss, Massey & Co., Ld 1118A
Indo-China Steam Nav. Co ... xxix
P. & O. Steam Nav. Co 1118B
PHARMACEUTICAL PRODUCTS:—
STEEL FURNITURES:—
Union Chimique Beige, Brussels 2122
Sankey-Sheldon (Harris & Shel-
PLUMMER BLOCKS AND HANGERS :— don, Ld.), London 364B & 1002B
The Ekman Foreign Agencies, {Japan and Hongkong Ted) pages)
Ld., Shanghai 762A
TEA AND RUBBER CHEST MANU-
RUBBER TYRES :— FACTURERS:—
W. R. Loxley & Co. ...Fore-edge of book Luralda, Ld., London 2161
SAUCE:— TIMBER AND LUMBER MERCHANTS:—
-Mason’s O.K Bottom edge of book Solignum, Ld., London 682B
{Shanghai Tab page)
SAVINGS SOCIETY:—
International Savings Society, TRADE MARKS OF BRITISH MERCHANTS
Shanghai 820A
AND MANUFACTURERS 2161
SEED MERCHANTS:—
TRAVELLING AGENTS:—
Sutton & Sons, England 2091
American Express Co. ... All Tab pages
SHIPBUILDERS :—
H’kong. & Whampoa Dock Co. ... 1088A TYPEWRITING MACHINES:—
New Engineering and Shipbuild- Underwood Typewriters
ing Works, Shanghai 820B (Dodwell & Co.) Back cover
SPLIT BELT PULLEYS AND LINESHAFTING WOOD PRESERVE: —
ACCESSORIES:— Solignum, Ld., London. 682B
The Ekman Foreign Agencies, {Shanghai Tab page)
Ld., Shanghai 762A
WOOLLEN GOODS MANUFACTURERS:—
STATIONERY :— E. Spinner V Co., Manchester and
John Dickinson & Co., England... 2090 Homh&y ...{Hongkong Tab page) 1002B
THE CALENDAR FOR 1931
THE CALENDAR FOR 1931
FEBRUARY-28 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 7h. 03m. 6h. 12m. 1929 1930
... 6h. 56m. 6h. 20m. Mean Maximum ... ... 63.1 65.0
Mean Minimum 55.6 56.5
MOON’S PHASES
Mean ... 58.9 60.3
d. h. m. BAROMETER, 1930, AT SEA LEVEL
Full Moon Mean 30.15 inches
Last Quarter...
New Moon ... 1929 RAINFALL 1930
First Quarter... 0.585 inch 1.380 inches.
r REMARKABLE EVENTS
SEPTUAGESIMA. Inhabitants of Hongkong- declared British subjects, 1841. The Addi-
tional Article to Chefoo Convention came into force, 1887. First meeting of Interna-
tional Commission on Opium at Shanghai, 1909. 1,000 men of Shanghai Defence Force
arrived in Hongkong, 1927. Hon. Mr. J. P. Braga appointed to Legislative Council,
Hongkong, as first Portugese representative, 1929.
CANDLEMAS. The German Club at Hongkong opened, 1872. Weihaiwei citadel captured
by Japanese, 1895. Opening of Tytam Tuk Reservoir by Sir Henry May, 1918.
Great robbery in the Central Bank, Hongkong, discovered, 1865. Agreement opening West
River signed, 1897. New Alice Memorial Hospital Hongkong opened, 1929.
Anti-foreign riot at Chinkiang, 1889. Local Administrative bodies in China suppressed.
1914.
Japan broke off diplomatic relations with Russia, 1904. Japanese str. “Tatsu Maru”
seized by Chinese gunboate near Macao for alleged smuggling arms, 1908.
Suez Canal adopted as the regular route for the Eastern Mails, 1888.
SEXAOESIMA. The Spanish fleet leaves Cavite, for the purpose of taking Formosa, 1626.
Hostilities between Russia and Japan begun by Russian gunboat off Chemulpo, 1904.
Japanese made a successful torpedo attack on Russia’s Port Arthur squadron, 1904.
The “Henrietta Maria” was found drifting about in the Palawan Passage, captain,
crew and 250 coolies missing, 1857. Murder of Messrs. Kiddle and Sutherland at
Mengka on Yunnan border, 1900. Naval fight at Port Arthur between Japanese and
Russian fleets, 1904.
The Japanese constitution granting representative government proclaimed by the
Emperor in person at Tokyo, 1889. Mr. Kwok Siu Lau gave $50,000 to Hongkong
Uuiversity, 1928.
China’s New Currency Laws published, 1914.
Surrender of Liukungtao Island forts and remainder of the Chinese fleet to the
Japanese, 1895. Manchu Rulers of China announce their abdication, 1912. Sir Robert
Ho Tung gives $50,000 to Hongkong University, 1915. Earthquake shock felt in Hong-
kong, 1918. Mr. Robt. Johnson, an American aviator, flies from Hongkong to Macao
in 23 minutes on a Curtiss seaplane, 1920.
Tung Wa Hospital, Hongkong, opened by Sir R. G. MacDonnell, 1872.
QUINQUAGESIMA. Ports of Hongkong and Tinghai declared free, 1841. The Chinese frigate
“ Yu-yuen ~ and corvette “ Chin-cheng” sunk by the French in Sheipoo harbour, 1885.
Insurgents evacuated Shanghai, 1855. Stewart scholarship at Central School, Hong-
kong, founded, 1884. Alice Memorial Hospital, Hongkong, opened, 1887.
SHROVE TUESDAY, The U.S. paddle man-of-war “ Ashuelot” wrecked near Swatow, 1883.
Cantonese capture Hangchow, 1927.
ASH WEDNESDAT.
Lord Amherst’s Embassy, returning from China, shipwrecked in the Java Sea, 1817.
General strike at Shanghai, 1927. Hankow agreement signed, 1927.
Sir Robt. Hart born, Milltown, Ire’d., 1835. China’s ProvincialAssemblies suppressed, 1914.
Mr. A. R. Margary, of H.B.M.’s Consular Service, was murdered at Manwyne, Yunnan,
by Chinese, 1875. Statue of Li Hung Chang unveiled at Shanghai, 1906. Consort of
the Emperor Kwangsu died, 1913. Hongkong A.D.C. Centenary Production, 1914.
1ST IN LENT. Massacre of missionaries at Nanchang, 1906.
Hostilities between England and China recommenced, 1841. Steamer “Queen” captured
and burnt by pirates, 1857. First stone of the Hongkong City Hall laid, 1867.
Tues. Chusan evacuated by the British troops, 1841. Preliminary agreement signed by the
Govt, of China for the loan of £4,000,000 from the Banque Industrielle de Chine to
build a railway from Yunnan to Yamchow (Kwangtung), 1914.
-Wed. Captain Da Costa and Lieut. Dwyer murdered at Wong-ma-kok, in Hongkong, 1849.
Chinese Imperial Edict issued dismissing the Dalai Llama of Tibet, 1910.
Bogue Forts, Canton, destroyed by Sir Gordon Bremer, 1841. Appalling disaster at
Hongkong Racecourse; matsheds collapse and destroyed by fire, over 600 bodies
recovered, 1918.
Fri. Treaty of peace between Japan and Corea signed at Kokwa, 1876. Evacuation of Port
Hamilton by the British forces, 1887.
Capture of the Sulu capital by the Spaniards, 1876.
THE CALENDAR FOR 1931
MARCH-31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 6b. 46m. 6b. 27m. 1929 1930
... 6h. 33m. 6h. 33m. Mean Maximum 70.6 68.8
Mean Minimum 61.1 60.1
MOON’S PHASES
Mean ... 64.9 63.9
BAROMETER, 1930, AT SEA LEVEL
Full Moon Mean 30.08 inches
Last Quarter ...
New Moon
First Quarter...
CHRONOLOGY OF REMARKABLE EVENTS
2NDINLK.NT. ST. DAVID’S DAY. Bombardment of the Chinhai forts by French men-of-
war, 188ft. Twenty-six opium divans closed in Hongkong, 1909. Mr. Herrmann,
manager of Siemens Schuckert at Yokohama, arrested in connection with Japanese
Naval scandal. 1914. (1,000 British Troops in Shanghai, 1927.
Mon. First Dutch Embassy left China, 1657.
TUBS. Foreign Ministers received in audience by the Emperor at the Tsz Kuang Po, 1891.
Wed.
Thurs. Expulsion of Chinese Custom House from Macao by Governor Amaral, 1849.
Hostilities at Canton recommenced. Fort Napier taken by the English, 1841.
Departure of Governor, Sir J. P. Hennessy, from Hongkong, 1882.
Bun. 3RD IN LENT.Arrival in Hongkong of Prince Henry of Prussia, 1898. Russo-Chinese-
Manchurian Convention signed, 1902. Tiger killed in the New Territory, 19)5.
Mon. Attack on Messrs. Farnham and Rohl at Shanghai, 1872. Earthquake in Tokyo, 1927.
Tues. Lin arrived in Canton, 1839. 12,000 Chinese troops attacked the English in Ningpo and
. Chinhai and were repulsed with great slaughter, 1842. The Japanese army occupied
Moukden, 1905. Yuan Shih Kai inaugurated as President of the Chinese Republic, 1912.
Wed. Governor Sir R. G. MaoDonnell arrived in Hongkong, 1866. Hongkong University
opened by H.E. Sir F. W. Lugard, 1912. King Eward Hotel, Hongkong, completely
gutted by fire with serious loss of life, 1929.
24 Imperial Commissioner Ki-chen, degraded by the Emperor, left Canton as a prisoner,
1841. Capture of Bac-Ninh, by the French, 1884. Death of Dr. Sun Yat Sen, in
. Peiping, 1925.
25
26 8,000 Chinese troops routed by the English at Tze-hi with great slaughter, 1842.
New Law Courts at Yokohama opened, 1890. Hongkong and Shanghai Bank at Peiping
burnt down, 1900.
Sun. 27 4TH IN LENT. Governor Sir H. Robinson left Hongkong for Ceylon, 1865. Jubilee of
Hongkong Chamber of Commerce, 1912.
28 Chinese Envoy Ping and suite left Shanghai for Europe, 1866. Japanese Diet resolved to
nationalise the railway. China released the Japanese str. “Tatsu Maru” at Canton,
1908. H.E, Sir F. D. Lugard laid foundation-stone of Hongkong University, 1910.
Tues. 17 ST. PATRICK’S DAY. Lord Macartney’s Embassy left China, 1794. Severe earthquake in
Formosa, 1906.
Wed. 18 Edict of Commissioner Lin to surrender all opium in Canton, 1839. Chungking declared
open to foreign trade, 1891.
Thurs. 19 Governor Sir G. Bonham landed at Hongkong, 1848. General strike at Macao owing to a
clash between the authorities and a crowd of Chinese who besieged the Police Station
and w'ere fired upon, 34 being killed and 31 wounded, 1922.
Fri. 20 Fall of Shanghai to Southerners, 1927.
Satur. 21 British ship “"Sarah,” first free-trader, sailed from Whampoa, 1834. Mr. F. A. Aglen
appointed Deputy inspector of Chinese Maritime Customs, 1910. Pirating of “Hop
5TH IN LENT. Death of Sir Harry Parkes, H.B.M. Minister to China, 1885. Sir Robert
Hart left Peiping for Home, 1908. Hongkong Aerodrome opened, 1928.
Captain Elliot forced his way to Canton, 1839. Aguinaldo captured by the Americans in
the Philippines, 1901. British naval raid on Bias Bay, 1927.
6 First Section of Manila-Dagupan railway opened, 1891, Attempted assassination of
Li Hung-chang at Shimonoseki, 1895. Nanking taken by Southerners, foreign women,
shamefully outraged by Nationalist soldiers, 1927.
Wed. 7 ANNUNCIATION.
Thurs. 8 Great flood at Foochow, 1874 Newchwangplaced under Russian martial-law.
Fri. 9 Launch of the “Autolyeus,” at Taikoo Dock, 1917. Protocol of Convention between
China and Portugal signed at Lisbon, 1887.
Satur. 10
■
20,289 chests of opium burned by Lin at Canton, 1839. Foundation-stone of New Customs
House at Canton laid, 1914, Sino-Japanese agreement settling the Tsinan incident
signed, 1929.
Sun. 29 PALM SUNDAY. Seizure'and occupation of the Pescadores by the French fleet, 1885.
Mon. 30 Arrival of Governor Sir George Bowen, G.C.M.G., 1883. Chinese Regiment at Weihaiwei
disbanded, 1904. Cantonese resolved on a boycott of Japanese products which lasted
throughout the year, 1908.
31 Abolition of the coolie trade at Macao, 1874. Arrival of the Duke and Duchess of
Connaught in Hongkong, 1890. All gambling saloons in Canton closed, 1912.
THE CALENDAR FOR 1931 XI
APRIL—30 DAYS
SUNRISE SUNSET ' HONGKONG TEMPERATURE
1st 6h. 17m. 6h. 38m. 1929 1930
16th 6h. 04m. 6h. 43m. Mean Maximum 76.5 77.4
Mean Minimum 67.8 70.6
MOON'S PHASES
Mean 71.2 73.5
d. h. BAROMETER, 1930, AT SEA LEVEL
Full Moon ... 3 4 Mean 29.93 inches
Last Quarter... 10 4
New Moon ... 18 9 1929 RAINFALL 1930
First Quarter .. 25 9 1.540 inches 2.100 inches
DAYS OF [DAYS OF CHRONOLOGY OF REMARKABLE EVENTS
WISER MONTH
Wed. 14 The port of Hoihow (in Hainan) opened, 1876. The ports of Pakhoi, Wenchow, Wuhu
and Ichang opened, 1877. B.N. Borneo adopted the Straits Settlements currency,
1905. Dowager Empress of Japan died, 1914.
Thurs. 2 15 French flag hoisted at Kwang-chau-wan, 1898. Belilios Reformatory opened at Hong-
kong, 1900.
•Fri. 3 16 Goon FRIDAY. “ Tai On ” pirated between Hongkong and Kongmoon, 1913.
Satur. 17 Protocol arranging the preliminaries of peace between France and China signed at
Paris, 1885. The Tsarevitch and Prince George of Greece arrived ngkong,
1891.
Sun. 18 EASTER DAY. Bogue Forts destroyed by General D’Aguilar, 1847. Wheelbarrow Riot
at Shanghai, 1897. Attempt to destroy with dynamite the Prince Regent’s Palace at
Peiping, 1910.
Mon. 19 BANK HOLIDAY. Convention between Sir John Francis Davis and the Viceroy Ki-ying
for the admission of Europeans into the city of Canton, 1842. H.R.H. The Prince
Wales visits Hongkong, 1922. Chinese raid Soviet Embassy at Peiping, 1927.
Hongkong . Mint opened, 1866. Indignation Meeting at Shanghai respecting Wheel-
barrow Riot, 1897. Great powder explosion at Canton, 1913. Sir Henry Gollan, chief
justice of Hongkong, left for Home, 1930.
8 21 Arrival of M. Paul Bert at Hanoi, 1886. Chinese Parliament inaugurated 1913.
9 22 Terrific tornado in Canton; 2,000 houses destroyed and 10,000 lives lost, 1878. Tartar
General at Canton assassinated, 1911.
23 37,000 Christians butchered in Japan, 1738. Death at.Peping of Marquis Tseng, 1890.
11 24
12 25 1ST AFTER EASTER. Presentation of colours to Hongkong Regiment, 1895. Russian
flagship “ Petropavlovsk ” sunk by a mine off Port Arthur, nearly every man drowned,
including Admiral Makaroff, 1904.
13 26 Soldiers’ Club opened at Hongkong, 1900. .Imperial Palace, Seoul, destroyed by fire,
1904. Aliens given the right to own land in Japan, 1910. H.M.S. “Tern ” fired on by
Szechuanese troops and Catholic Mission looted at Hankow, 1929. Shipping com-
panies advised to get water elsewhere than Hongkong, 1929.
14 S. Francis Xavier left Goa for China, 1552. Riots at Changsha, 1910.
Wed.' 15 British Flag hoisted at Taipohui, Kowloon, New Territory, 1899, Governor Sir Arthur
Kennedy arrived in Hongkong, 1872. Junk Bay Flour Mills, Hongkong, suspended
operations, 1908.
16
17 Telegraph to Shanghai opened, 1871. Execution at Kowloon city of 19 pirates, includ-
ing “Namoa” pirates, 1891. Treaty qf Peace between China and Japan signed at,
Shimonoseki, 1895.
■Satur. 18 Convention between China and Japan settling Corean differences signed at Tientsin,
1885. One-fourth of the opium divans at Shanghai closed, 1908. Town of Wagima,
Japan, destroyed by fire, 1910, Inaugural ceremony of Chinese National Government
at Nanking, 1927.
Sun. 19 2ND AFTER EASTER. The “Sir Charles Forbes,” the first steamer in China waters,
arrived, 1830. The Tsarevitch arrived at Hankow, 1891.
Mon. 20
Tues. 21 Resignation of Shanghai Municipal Council, 1897.
Wed. 22 East India Company ceased trade with China, 1834. Arrival of Governor J. Pope
Hennessy in Hongkong, 1877. Opening of new commercial port of Heungehow
near Macao, 1909. Bank of China authorised to issue $3,000,000 in subsidiary notes.
1910.
Thurs. ST. GEORGE’S DAY. P. M. steamer “Asia” wrecked near Foochow, 1911.
Fri. Chinese Imperial Edict issued disranking Roman Catholic missionaries, 190& Capture
of the citadel at Hanoi, Tonkin, by the French forces, 1882. First sod of the
Shanghai-Nanking Railway cut at Shanghai, 1905. Foundation stone of War Memo-
rial Nursing Home, Hongkong, laid, 1930,
8 Foundation stone of Queen’s College, Hongkong, laid, 1884. Contract for Quintuple
Loan of £25,000,000 signed at Peiping, 1913. H.R.H. the Duke of Gloucester arrived
in Hongkong for a short visit, 1929.
Sun. 9 3RD AFTER EASTER.
Mon. 10 Appointed by Chinese Government a Day of Prayer for Christian Churches, 1913.
Tue 11 Ratifications of Corean Treaty with England exchanged, 1884. Privy Council of Japan
constituted by Imperial decree, 1888. Sir F. D. Lugard laid foundation-stone of
Hongkong Seamen’s Institute, 1909. Daring piracy on the s.s. “Tai On” off Kai
Au, 1914.
Wed. 29 12 Battle of the Yalu, Russo-.Japan War: Russians defeated with great slaughter, 1904.
Thurs. 30 13 Arrival of General Grant in Hongkong, 1879.
XII THE CALENDAR FOR 1931
I I iJ'i ! E!
;
I
III
hi
THE CALENDAR FOR 1931 xm
JUNE—30 DAYS
SUNRISE SUNSET HOJSTGKONG TEMPERATURE
1st ..... ... 5h. 38m. 7h. 03m. 1929 1930
15th ... ... 5h. 38m. 7h. 08m. Mean Maximum .... .... 87.1 86.7
Mean Minimum 79.4 78.3
MOON’S PHASES
Mean 82.5 81.9
d. h. BAROMETER, 1930, AT SEA LEVEL
Last Quarter... 8 a Mean 29.81 inches
New Moon .... 16 11
First Quarter... 23 8 1929 RAINFALL 1930
Full Moon ... 30 8 4.195 inches 12.245 inches
CHRONOLOGY OF KKMARKABLK EVENTS
Mon. Opium Agreement between Hongkong aiid China came into force, 1887. Anti-foreign
riot at Tanyang, 1811. Canton-Samshui Railway completed. Burial of Sun Yat Sen,
1929. A system bringing water into the Colony by ships and putting the water into
specially erected tanks was begun, 1929.
Tues. Hongkong connected with London by wire, 1871. Formal transfer of Formosa from
China to Japan, 1895. Capture of Wuchow by Cantonese, 1929.
Wed. Ki G’S BIRTHDAY. Earthquake at Manila, 1863. Death of Sir Arthur Kennedy, 1883.
Keelung taken by Japanese, 1895. Marshall Chang Tso Lin left Peiping after occupy-
ing the capital for over 11 months, 1928.
Thurs. Treaty between France and Corea signed at Seoul, 1886. West River opened, 1897.
Murder of Chang Tso Lin, 1928.
Fri. Departure of the first O. & O. steamer from Hongkong to San Francisco, 1875. Anti-
foreign riot at Wusueh, 1891. Communication with Peiping cut off, 1900. French str.
“ R. Lebaudy ” pirated on West River, 1913.
Satur. Heavy rains in Hongkong, 1864. Death of Yuen Shih-kai, 1916. C. T. Wang appointed
foreign minister, 1928. Hongkong Flying Club opened, 1930.
Sun. 1ST AFTER TRINITY. Attempted anti-foreign riot at Kiukiang, 1891. Hongkong-Canton
steamer “Powan ” wrecked, 1908. Tornado in Macao, 1913.
Mon. Destruction of Mission premises at Wusieh by anti-foreign mob, 1891.
Suspension of New Oriental Bank, 1892. The P. & O. “ Aden ” wrecked off Socotra, 1897.
First meeting of Water Emergency Committee held in Council Chamber Hongkong,
1929. Tientsin Customs seized by Northerners, 1930.
Wed. Typhoon at Formosa, 1876. Admiral Seymour starts for Peiping, 1900. Arrival in
Hongkong of H.R.H. Prince Charles, heir to the Roumanian Throne, 1920.
Thurs. Portuguese prohibited trading at Canton, 1640.
Fri. Opening of the first railway in Japan, 1872. Tientsin handed over to Southerners, 1928.
•Satur. British steamer “ Carisbrooke” fired into and captured by Chinese Customs cruiser, 1875.
Imperial Edict condemning attacks on foreigners, 1891.
Sun. 2ND AFTER TRINITY. Russo-Chinese Treaty, 1728. Battle of Telissu Russo-Japan War.
Russians defeated 1904. Capt. John Alcock and Lieut. A. W. Brown made the first
non-stop flight across the Atlantic in an aeroplane on June 14th, 1919.
Tidal Wave, Japan, 28,000 lives lost* 1896. Hope Dock opened at Aberdeen, 1867.
Tues. Woosung taken, 1842.
Wed. First foreign-owned junk leaves Chungking, 1891. Capture of Taku Forts by Allies, 1900.
Thurs. Explosion of the “Union Star” at Shanghai, 17 persons killed and 10 wounded, 1862.
Disastrous inundation at Foochow, 1877. Hours of water supply in Hongkong 6 to
9 a.m. and 3.30 to 6 p.m. only, 4 hours per day on Peak, 1929.
Shanghai occupied by British forces, 1842/ - Chang Tso Lin appoined “ dictator ’ of the
North, 1927. China enters upon “Educative period” of Dr. Sun Yat Sen’s scheme, 1929.
Satur. Macartney’s embassy arrived in China, 1793. Attack on mission premises at Hainan
city, 1891. Unprecedented floods in the West River, 1908. General Strike in
Hongkong, 1925. The Governor proposed a vote of $100,000 to meet Hongkong water
emergency, 1929.
Sun. 21 3RD AFTER TRINITY. Massacre at Tientsin, 1870.
Mon. 22 Canton blockaded by English forces, 1840. '-Queen Victoria’s Diamond Jubilee celebra-
tion, 1897. Coronation of King George V., 1911. Inauguration of Tsan Ching Yuan,
Chinese Administration Council, 1914.
Prince of Wales born, 1894. Shock of earthquake in Hongkong, 1874. New premises of
the Hongkong and Shanghai Bank Shanghai, opened 1923. Attack on Shameen by
Chinese, 1925.
Wed. 24 MIDSUMMER DAY. ST. JOHN THE BAPTIST. British troops sent to Tongshan, 1928.
Thurs. 25 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. Long drought in Hong-
kong broke, 2 ins. of rain in 2 days, 1929.
Treaty between England and China signed at Tientsin, 1858. Additional Convention
between France and China signed at Peiping, 1887.
27 12 Treaty between France and China signed, 1858. Confiscation of the str. “ Prince Albert ”
by the British Consul and Customs at Canton, 1866.
Sun. 13 4TII AFTER TRINITY. Germans signed Preace, 1919. Agreement effected between Great
Britain and the United States for reciprocal protection of British and American Trade
Marks in China, 1905.
Mon. 29 14 The Foreign Ministers admitted to an audience of the Emperor of China at Peiping,
1873. Indian Mints closed to silver, 1893.
Tues. 30 15 British expedition to China arrived, 1840. Opening of a section of the Shanghai and
Wosuong Railway, 1876. Flooding of the Takasima coal mines, 1891. Squadron
Leader Maclaren and Flying Officer Plenderleith reach Hongkong on their attempted
flight round the world, 1924.
THE CALENDAR FOR 1931
JCJLY-31 DAYS
SUNRISE SUNSET HOSGKONO TEMPERATURE
1st 5h. 42m. 7h. llm. 1929 1930
15th 5h. 47m. 7h. llm. Mean Maximum 85.9 86.8
Mean Minimum 78.1 78.5
Mean 81.6 82.3
MOON’S PHASES
d. h. BAROMETER, 1930, AT SEA LEVEL
Last Quarter ... 8 7 52 A.M Mean 29.61 inches
New Moon ... 15 8 20 P.M.
First Quarter... 22 1 16 P.M. 1929 RAINFALL 1930
Full Moon ... 29 8 47 P.M. 22.700 inches 29.025 inches
DAYS OF [DAYS OF 5 & 6 I CHRONOLOGY OF REMARKABLE EVENTS
WBBK MONTH MOONS
Wed. J 1 16 DOMINION DAY, CANADA. Hakodate, Kanagawa, and Nagasaki, Japan, opened to trade,
1857. Two Swedish missionaries murdered at Sungpu, 1893. Restoration ol Emperor
of China by Chang Hsun, 1917.
Thurs. 2 17 Amoy forts and many junks destroyed by H.M.S. “ Blode,” 1840. French Expedition
from the Hoongkiang arrived in Hongkong, 1873. Hongkong Legislative Council
approved a development scheme for the south side of the island of Hongkong, 1914.
Fri. j 3 18 Steamer “Don Juan” burnt at sea near Philippines; 145 persons perished, 1893.
Hongkong low level electric tram service opened, 1904.
Satur. | 4 19 INDEPENDENCE DAY, U.S.A. Declaration American Independence, 1776. Telegraph cable
laid between Hongkong and Macao, 1884. U.S. Pacific Cable opened to Manila.
Sun. 5 20 5TH AFTER TRINITY. Tinghai first taken, 1840. Attack on British Embassy at Tokyo,
1886. Duke of Connaught’s Statue unveiled in Hongkong, 1902. Hongkong Legisla-
tive Council voted $50,000 for the relief of distress in the West River districts, 1914.
Mon. 6 21 Order of nobility instituted in Japan, 1884. Marshall Li Tsai Hsin left for Nanking, 1928.
Tues. I 7 22 Serious flooding of the West River involving great loss of life and damage to property, 1915.
Wed. | 8 23 Canton factories attacked by Chinese, 1846. Japanese occupy Sakhalin, 1905.
Thurs. | 9 24 First Dutch embassy arrived at Tientsin, 1656.
Fri. i 10 Portuguese fleet left Malacca for China, 1522. The Yangtsze blockaded by British fleet,
1840. Rebellion against Yuan Shih Kai broke out in the Yangtsze provinces, 1913.
Satur. 11 26 Amherst’s embassy arrived in China, 1816. Eight ins. rain in 4 days in Hongkong, 1929.
Sun. 12 27 6TH AFTER TRINITY. Foreign Inspectorate of Customs established in Shanghai, 1854.
Macao troops commenced operations to exterminate pirates at Colowan Island, 1910.
Mon. 13 28 First English ship reached China. 1635. French gunboats fired on by Siamese at
Paknam, 1803. Pirates attacked S. S. “Sainam” on West River, 1900. Nanking
“terminated” French trade conventions, 1928.
Tues. 14 29 Statue of Paul Beau unveiled at Hanoi, 1890. Tientsin native city captured by Allies,
1900. Chinese Imperial Edict declared bow and arrow obsolete arms, 1905.
Wed. 15 Shimonoseki forts bombarded by the English, French, and American squadrons, 1874.
Eruption of Bandai-san volcano, Japan, 500 persons killed, 1888. Radio-telegraphic
station at Cape D’Aguilar opened, 1915.
Thurs. 16 British trade with China re-opened, 1842, The King of Cambodia arrived on a visit to
Hongkong, 1872. Chinese boycott of Shameen begins, 1924.
Fri. 17 Ningpo Joss-house Riots, Shanghai, 15 killed and many wounded. Agreement between
Russia and China on Amur River, 1900. Crisis at Peking; Chihli fights Anfu faction
and 6,000 casualties reported, 1920.
Satur. is Terrible earthquake at Manila, 1880. Floods cause collapse of houses at Po King
Fong, Hongkong, 71 deaths, 1925.
Sun. 19 5 7TH AFTER TRINITY. Nanking captured by the Imperialists, 1864. Indo-China s.s.
“Hopsang” sunk by Russians, Pechili Gulf, 1904. Great storm in Hongkong, 20.43
ins. of rain in 9 hours, 1926.
Mon. 20 6 Wreck of the C.M.S.N. Co.’s str. “Pautah” on Shantung Promontory, 1887.
Tues 21 Yellow River burst its banks at Chang-kiu, Shangtung, great inundation, 1889. Typhoon
in Hongkong, 1902. Death of Sir Kai Ho Kai of the Hongkong Executive Council, 1914.
Indian ran amok at district police station Hongkong, turning machine gun on station
force, 1930.
Wed.
Thurs. Attack on Japanese Legation at Seoul, Corea, 1882. 12 hour street fountain supply of
water in Hongkong, 1929.
Fri. British trade prohibited at Canton, 1834. Anglo-Chinese Burmah Convention signed
at Peping, 1886.
Sat. 25 “ Kowshing,” British steamer, carrying Chinese troops, sunk by Japanese, with loss
of about 1,000 lives, 1894. Defeat of British forces at Taku, Admiral Hope wounded,
1850. First visit of Prince Chun, the Emperor’s brother, to Hongkong, 1901. Japanese
occupy Newchwang, 1904.
Sun. 26 8TH AFTER TRINITY. Great flood at Chefoo kills 1,000, 1903.
Mon. 27 Canton opened to British trade, 1843. Terrific typhoon at Canton, Macao, Hongkong,
and Whampoa; loss of life estimated at 40,000 persons, 1862. Disastrous typhoon
Hongkong, 1908. “Empress of China” wrecked, 1911.
Nanking re-taken by Imperialists, 1864. Sir Matthew Nathan arrived Hongkong, 1904.
Severe typhoon visits. Shanghai, 1915.
German gunboat “ litis ” wrecked off Shantung Promontory, 1896. Outbreak of rebellion
at Manila. 1896. Emperor Mutsuhito of Japan died, 1912. Radio service inaugurated
between Hongkong and Manila, 1927.
8 16 Severe typhoon at Macao, 1836.
FH!' ' 31 17
THE CALENDAK POE 1931
AUGUST-31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 5h. 54m. 7h. 04m. 1929 1930
... 6h. 00m. 6h. 55m. Mean Maximum 85.8 86.9
Mean Minimum 77.6 78.5
MOON’S PHASES Mean 81.1 82.1
BAROMETER, 1930, AT SEA LEVEL
Last Quarter .. Mean 29.76 inches
New Moon
First Quarter..
DAYS OP DAYS or I 6&7 CHRONOLOGY OF RBMARKABLK EVENTS
WKKK MONTH MOONS |
Satur. 1 LAMMAS DAY. Both China and Japan declared war, 1894. Kucheng massacre, 1896.
.1 Germany declared war against Russia, 1914.
Sun. 2 9TH AFTER TRINITY. Victims of massacre at Tientsin buried, 1870. Swatow struck by
disastrous typhoon and tidal wave, which did extensive damage to shipping and house
property and caused the loss of many thousands of lives, 1922.
Mon. 3 BANK HOLIDAY. British fleet arrived before Nanking, 1842. First Chinese Bazaar held
at Canton, 1908.
21 War declared by Great Britain against Germany, 1914. Macartney’s Embassy entered
Peiho, 1796. Bombardment of Keelung by French, 1884. Allied march on Peiping
started, 1900. Li Hung Chang visited Queen Victoria, 1896.
Wed. 5 22 I Political unrest in Kwangtung culminated in serious fighting 1916.
Thurs. 6 23 j Serious flood at Tientsin, 1871. Hongkong Volunteers mobilised, 1914.
Fri. 7 24 British Squadron arrived off the Peiho, 1840.
Satur. 8 25 Assassination of Mr. Haber, German Consul, at Hakodate, 1874.
Sun. 9 26 10TH AFTER TRINITY. British troops landed at Nanking, 1842. Sun Yat Sen left Canton
hurriedly on H.M.S. “Moorhen ” for Hongkong, whence he sailed for Shanghai, thus
leaving his opponents in undisputed possession of the city and province.
Mon. 27 Sir H. Pottinger arrived at Hongkong, 1841. Destructive typhoon at Foochow, 1888. Lady
May launched the “ War Drummer,” first standard ship built in Hongkong, 1918.
Tues. 28 First public meeting of British merchants in Canton, called by Lord Napier, who
suggested the establishment of a Chamber of Commerce, 1834.
Wed.
Thurs. Tong-ur-ku taken, 1860. Japanese squadron sinks Russian cruiser llurik
174 British prisoners executed in Formosa, 1842. Manila occupied by U.S. Troops, 1898.
near Tsushima,
1904. Fighting and looting at Canton following flight of rebel leaders, 1913. Compul-
sory Military Service Bill passed its third reading in the Legislative Council of the
Straits Settlements, 1915.
Fri. British steamer “ Glenfarg ” sunk after striking a submerged rock near Goto Islands, 1914.
China declares war against Germany and Austria-Hungary, 1917.
2 Greatfire onFrench Concession, Shanghai, 991 houses destroyed, 1879. Peiping Legations
rescued, 1900. Murder of Messrs. Bruce and Lewis at Chengchow, Hunan, 1902,
Prince and Princess Arisugawa entertained at Hongkong, 1904. Disastrous tidal
waves on the north-west coast of Korea, swept away hundreds of houses, did much
damage to shipping, and caused the loss of over 1,000 lives, 1923.
Sun. 3 11TH AFTER TRINITY. British trade of Canton stopped by Hong merchants, 1834. French
Treaty with Siam signed, 1856.
“Empress of India” sinks Chinese cruiser “Wong Tai” in collision near Swatow, 1903,
Destructive typhoon at Macao, 1913.
Lord Napier ordered by the Viceroy to leave Canton, 1834. Great fire in Hongkong, 1868.
Indian troops landed in Shanghai, 1900. Large gang of pirates attacked Cheungchow,
killing three Indian constables, and looting the village, 1912. American Chamber of
Commerce established at Shanghai, 1915. Hongkong in 1923, was struck by the worst
typhoon experienced since 1908. Martial law declared along C.E.R., large bodies of
Wed. 19 Soviet troops invaded Manchouli, 1929.
Thurs. 20 First conference between Sir Henry Pottinger and Ki-ying on board the “Cornwallis,”
at Nanking, 1842. Taku forts taken by the Allied forces, 1860.
Fri. 21 Palace Revolution at Peping, Empress Dowager again assumes the Regency, 1898.
Chinese boycott of Shameen ends, 1924.
Satur. 22 9 Governor Amaral, Macao, assassinated, 1849. Seizure of steamer “Spark" by pirates
between Canton and Macao, 1874. Telegraph line to Peiping opened, 1884. Korea
annexed by Japanese, 1910. H.M.S. “Bedford” wrecked at Quelpart, 1910. Severe
typhoon struck Hongkong, 1929.
Sun. 23 10 12TH AFTER TRINITY. Large meeting in Hongkong to protest against the military con-
tribution, 1864. Chinese fleet at Pagoda Anchorage destroyed by French, 1884. Japan
declared war bn Germany, who had ignored her request to evacuate Kiaochow with a
view to its “ eventual restoration ” to China, 1914. Severe typhoon struck Macao, 1927.
Mon 24 11 Wreck of the C. N. Co.’s str. “Tientsin” near Swatow, 1887. Disturbances at Amoy,
Japanese landed marines, 1900.
Tues. 12 British Chamber of Commerce established at Canton, 1834. Treaty between Great Britain
and Japan signed, 1858. Japanese naval disaster at Mazura, 1927.
Wed. 26 13 British left Macao, 1839. British steamer “Dunearn” foundered in a typhoon off Goto
Islands, 1908.
Thurs. 27 14 Amoy taken by the English, 296 guns captured, 1841.
Fri. 15 Lord Amherst’s Embassy left for Yuen-ming-yuen, 1816. Slavery abolished in British,
possessions, 1833. Kimpai forts silenced by French, 1884. Hongkong Legislative
Council passes Ordinance to admit enemy aliens only on licence for 3 years, 1919.
Satur. 29 16 Treaty of Nanking signed, 1842. Final sitting of H.K. Water Emergency Commn., 1929.
Sun. 30 17 13TH AFTER TRINITY. Wreck of “Futami Maru” off Cape Calavite, 1900.
Mon 31 18 Severe typhoon on coast of China, 1848. Great War officially ends, 1921.
xvi THE CALENDAR FOR 1931
SEPTEMBER-30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 6h. 05m. 6h. 4,1m. 1929 1930
... 6h. 10m. 6h. 28m. Mean Maximum 85.4 83.7
Mean Minimum 77.8 76.4
MOON’S PHASES
Mean 81.2 79.4
BAROMETER, 1930, AT SEA LEVEL
Last Quarter ... Mean 29.87 inches
New Moon
First Quarter ..
Full Moon
OHRONOLOOT OF REMARKABLE EVENTS
Foundation-stone of Gap Rook lighthouse, near Hongkong, laid, 1890. Chinese Imperia-
Decree published announcing a decision to grant Constitutional Government. Extenl
sive floods in Shantung, 1914. Appalling earthquake, followed by fire, wrought
terrible havoc to life and property in Yokohama, Tokyo and surrounding districts, 1923.
Wed. 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.
Hongkong Plague proclamation revoked, 1894. Disastrous floods at Shanghai, 1904.
Attack on the forts at Shimonoseki, Japan, by the allied fleets under Admiral Kuper, 1864.
Anglo-Chinese Commercial Treaty signed, 1902.
14TH AFTER TRINITY. H.R.H. Prince Alfred received by the Mikado of Japan, 1860
Chinese Court left Hsianfu on the way to Peiping, 1901. Assassination of Mr. McKinley,
President of the U.S.A. 1901. Sir James Mackay’s Treaty with China signed, 1902.
Mon. Attack on Dr. Greig, near Kirin, by soldiers, 1891. War breaks out in China between
Chihli and Fengtien factions, 1924.
Tues. Great typhoon in Hongkong, 1867. H.I.H. Prince Tsai Hsun visits Hongkong, 1909.
Naval raid on Bias Bay, 50 houses destroyed, 1927.
Wed. 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. Helena May Institute, Hongkong,
opened, 1916. Chinese Government announces its intention to assume the administra-
tion of Russian Concessions and Russian Government property in China, 1920.
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. Full water
supply to all distucts in Hongkong stopped, 1928.
Japanese flagship “Mikasa” foundered in Sasebo harbour, 1905. Sir Robert Hart died,
1911. Rider main districts restricted to 2 hours per day Hongkong, 1928.
Satur. JEWISH NEW YEAR. Convention signed at Chefoo by Sir Thomas Wade and Li Hung-
chang, 1876.
Sun. 15TH AFTER TRINITY. 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.
Chinese transport “ Waylee” driven ashore on Pescadores; upwards of 370 lives lost, 1887.
Death of Sir John Jordan, in London, 1925.
New Convention between Germany and China ratified at Peking, 1881.
Wed. The battle of the Yalu, in which the Chinese were defeated by the Japanese, losing five
vessels, 1894.
Thurs. 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.
Typhoon at Hongkong, the most disastrous in the Colony’s history, 1906.
Allied Generalissimo reached Hongkong, 1900. Riots at Kumchuk, Kwangtung, 1900.
Farewell parade of Hongkong Police Reserve, formed during the war, 1919.
16TH AFTER TRINITY,
Count von Waldersee reached Shanghai 1900. Typhoon at Swatow, 1891. Piracy of
“Delhi Maru,” pirates led by woman, 1929.
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
81,500,000 to meet immediate needs of Hongkong University, 1919. Major Zanni, Ar-
gentine aviator, reaches Hongkong, 1924. Swatow captured by “Reds,” children shot
in the streets, 1927.
Wed. U. S. brig “Lubra” taken by pirates, 1866. Terrific typhoon in Hongkong and Macao,
many thousands of lives lost, 1874. Hongkong Volunteer Reserve Association
inaugurated 1904.
Thurs. H.M.S. “Rattler” lost off Japan, 1868. Piratical attack on the German barque “Apenrade,”
near Macao, 1869. The Satsuma rebels in Japan suppressed, 1877. Bomb thrown at
Chinese Commissioners when about to leave Peking for Europe, 1905.
Arrival of Governor Sir Henry A. Blake in Hongkong, 1898. Jubilee of Dr. A. H. Graves,
missionary labours at Canton celebrated, 1906.
Satur. Lord Napier arrived at Macao dangerously ill, 1834. Piracy,of s.s. “Anking,” 1928.
Sun. 17TII AFTER TRINITY. Commissioner Lin degraded, 1840. Lord Kitchener in Hongkong, 1909.
Mon. Yellow River burst its banks in Honan; calamitous inundation, 1887. H. A.L. str. “Lydia”
wrecked near Hainan Strait, 1910.
MICHAELMAS DAY. Hurricane at Manila, causing immense damage to shipping, 1865. S.S.
'Charterhouse” foundered in a typhoon off Hainan Head, 70 persons drowned, 1906.
Wed. Vro Rruriio fnrf.a Haaf.mVoH hv fVra RrihiaK1S41 S S. ‘{'FTs5fisho,, Hank after Striking'
THE CALENDAR FOR 1931 XVII
OCTOBER—31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
6h. 15m. 6h. 12m. 1929 1930
15th 6h. 19m. 5h. 59m. Mean Maximum 80.6 81.7
Mean Minimum ... ... 73.2 73.1
Mean 76.5 76.8
MOON’S PniSEs
d. h. m.
Last Quarter... 5 4 15 A.M.
New Moon ... 11 9 6 P.M.
First Quarter... 18 5 20 P.M.
Full Moon ... 26 9 34 P.M.
DAIS OF DAYS OF I 8 & 9 I CHRONOLOSY OF REMARKABLE EVENTS
WKKK MONTH MOONS
Thurs. 1 20 The Hongkong Daily Press started, 1857. Inauguration of Hongkong College of
Medicine, 1887. Hyogo declared an open port, 1892. Gold Standard adopted in Japan,
1897. British Section, Canton-Kowloon Railway opened, 1910. Arrival in Hongkong of
Fri.
Satur.
2
3
21
22
Tamsui bombarded by French, 1884. Piracy of s.s. Ningshin
H.E. SirR. E. Stubbs to assume theGovernorship, 1919. Rendition of Wei-Hai Wei,1930.
near Wenchow, 1924.
Serious riot at Hongkong, 1884. Treaty between France and Siam signed at Bangkok.
1893. Withdrawal of British steamers from West River, 1900. Chinese National
Assembly inaugurated, 1910. Hongkong Govt. Radio Service opened, 1928.
Bun. 4 23 18TII AFTER TRINITY. Attack on foreigners at Wenchow, 1884. Terrible fire at Amoy,
1902. Typhoon at Hongkong, 1894. Canton-Kowloon Railway opened for through
traffic, 1911. Foundation-stone of new wing to the Tung Wah Hospitai, Hongkong,
laid by H.E. The.Governor, 1920. Searchlight Tattoo, Hongkong, 1928.
Mon. 5 French expedition left Chefoo for Corea, 1866. Arrival in Hongkong of Governor Sir
William Des Voeux, 1887. Marshal Tsao Kun elected President of China, 1923.
Tues. 6 25 Hongkong Government agreed to lend the Viceroy of Wuchang £1.100,000 to repurchase
from an American syndicate the Canton-Hankow railway concession, 1905. H.R.H.
Prince Alfred visited Peping, hut not received by the Emperor, 1869. Chinese Court
left Kaifengfu on its way to Peiping, 1901.
Wed. 26 “Ironsides” take Kweilin, 1929.
Thurs. Supplementary Treaty signed at The Hague, 1848. French landing party at Tamsui
repulsed, 1884. Battle of Shaho, Russo-Japanese War, commenced. Ended 25th in
disastrous defeats of Russians, 1904. Opening concert of Hongkong Government
broadcasting, 1929.
Fri. Shanghai captured, 1841. Chinhai taken, 1841.
Satur. 10 Lord Napier died at Macao, 1834. Wreck off the Pescadores of the P. & O. str. “Bokhara,”
1892. Yuan Shih Kai inaugurated President of the Chinese Republic, 1913.
Sun. 11 19TH AFTER TRINITY. The first Chinese merchant str. (“Meifoo”) left Hongkong for Lon-
don with passengers to establish a Chinese firm there, 1881. Outbreak of revolution ir>
China at Wuchang, 1911.
Mon. 12 2 Revolt in the Philippines, 1872. Carvalho Yeo, a clerk in the H.K. Treasury, committed
for trial on charges of defrauding the Government of over $260,000, 1928.
Tues. 13 Ningpo occupied by British forces, 1841. First railway in Japan officially opened by the
Mikado, 1872. Allies capture Paotingfu, 1900.
Wed. Amendment to Women and Girls Ordinance, Hongkong, 1929.
£265,0i 0 of Boxer Indeminty granted to Hongkong University ,1930.
Fri. Khanghoa, in Corea, taken by the French, 1866. Train disaster between Harbin and Tsit-
sihar, resulting in many deaths, 1916. Sun Yat Sen’s troops fight Merchants Volunteer
Corps in Canton, 1924. Nationalist envoys murdered at Chefoo, 1928.
17 St. John’s Cathedral, Hongkong, dedicated, 1842. Daring piracy on board the British str.
“ Greyhound,” 1885.
18 20TH AFTER TRINITY.
19 Great fire in Hongkong, 1859. Great typhoon at Formosa, 1861. Japanese Government
welcomed American Battleship Fleet, 1908. Priacy of the s.s. “Irene,”1927.
20 10 Terrific typhoon at Manila ; enormous damage to property, 1882.
Wed.' 21 H.R.H. Prince Alfred arrived at Shanghai, 1869.
22 12 58 piratical vessels destroyed by Captains Hay and Wilcox, H.M. ships “Columbine” and
“Fury,” 1849. Hongkong Legislative Council voted $100,000 to the Prince of Wales’
National Relief Fund, 1914. Arms and ammunition consigned to India by Germans
discovered at Shanghai, 1915.
Fri. 23 King Chulalongkorn of Siam died, 1910. Gen. Feng Yu Hsiang deserts Wu Pei-fu, takes
possession of Peiping, 1924. Chiang Kai Shek became a Christian, 1930.
Satur. 24 Japanese cross the Yalu, 1894.
Sun. 25 21ST AFTER TRINITY. Treaty of Whampoa between France and China signed, 1844.
Kahding recaptured by the Allies, 1862.
Mon. Chin-lien-cheng taken by the Japanese, 1894.
Tues. Serious earthquake in Central Japan, 7,500 persons killed, 1891. Attempted insurrection
at Canton, 1895. Prince Adalbert of Prussia visited Hongkong, 1904. Massacre of four
American Missionaries and a child at Linechow, 1905. Prince Ito assassinated at Har-
bin, 1909. Hon. Mr W. D. Barnes, Colonial Secretary of Hongkong, died suddenly
whilst playing'polo, 1911. Bomb thrown in Canton, killed 37 people, 1914.
Note presented from the Powers to China advising the suspension of the monarchical
movement, 1915. Miss Maude Roy den arrived in Hongkong, 1928.
29 19 Portuguese frigate “ D. Maria II.” blown up-at Macao, 1850. “Ironsides” invaded
Kwangtung and Kwangsi, 1929. Uprising of natives in Formosa, over 200 Japanese
massacred, 1930.
20 Great fire in Hongkong,1866. Fenghuang taken by the Japanese, 1894. Chinese Govern-
ment welcomed American Battleship Fleet at Amoy, 1908. Great battle at Shanhai-
kuan between Fengtien an4 Chihli forces, 1924.
.Satur. 31 H.R.H. Prince Alfred arrived at Hongkong, 1869. Sir R. E. Stubbs, Governor of Hong-
kong, leaves for Home, 1925.
XVIII THE CALENDAR FOR 1931
NOVEMBER—30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6h. 27m. 5h. 47m. 1929 1930
15th 6h. 35m. 5h. 40m. Mean Maximum 72.2 76.7
Mean Minimum 63.7 66.7
Mean 67.7 70.7
MOON’S PHASES
d. h. BAROMETER, 1930, AT SEA LEVEL
Last Quarter... 3 3 17 P.M. Mean 30.16 inches
New Moon ... 10 6 55 A.M.
First Quarter... 17 10 13 A.M. 1929 RAINFALL 1930
Full Moon ... 25 3 10 P.M. 1.375 inches 0.035 inch
DAYS OF DAYS OF 9 & 10
CHRONOLOGY OF REMARKABLE EVENTS
WKKK MONTH MOONS
N AFTER TRINITY. ALL SAINTS DAY. Theportof Quinhon, Annam, opened to foreign
trade, 1876. Riotous disturbances at Hongkong connected with the boycott of Japan-
ese goods, 1908. Mr. C. Clementi, New' Governor, arrives in Hongkong, 1925. All
rider mains in Hongkong disconnected, supply given through street fountains, 1928.
Wreck of the U.S. cruiser “Charleston" off North Luzon. Wireless telegraph service
opened between Macao and Hongkong, 1920.
IL Great Britain commenced the first war with China by the naval action of Chuen-pee, 1839.
Hongkong Jockey Club formed, 1884. President Tsao Kun forced to resign, 1924.
Great fire at Macao, 500 houses burnt, 1834. Peking evacuated by the Allies, 1860.
President Yuan Shih Kai proclaimed Kuomintang a seditious organisation, 1913. Manchu
Satur. Fall of Tsingtao to Anglo-Japanese forces, 1914.
Peking Gazette,
Emperor evicted from Imperial Palace and Abdication Agreement revised, 1924.
English and French Treaties promulgated in the 1860.
Sun. 23RD AFTER TRINITY. Death of Li Hung-chang, 1901.
Mon. The French repulsed in Corea, 1866. Celebration of Queen Victoria’s Jubilee in Hongkong,
1887. Typhoon at Hongkong, 1900. Independence of Kwangtung province announced.
1911. German cruiser “Eraden” destroyed by H.M.A.S. “Sydney” at Cocos Island,
1914. Hon. Mrs. V. Bruce arrived in Hongkong on flight from England to Japan, 1930.
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 of Japan, 1915. Coronation of Emperor Hirohito of Japan, 1928.
Wed. H.M.S. “Racehorse” wrecked off Chefooin 1864. New Chinese Tariff came into force, 1901.
Armistice arranged in Great War. 1918.
Thurs. Hongkong first lighted by gas, 1864. The Foreign Ministers had audience within the
Palace, Peping, 1894.
Earthquake at Shanghai, 1847. Macao Boundary Delimitation Conference at Hongkong
interrupted, 1909. Attempted murder of Mr. T. Hamagiuchi, Prime Minister of Japan,
at Tokyo, 1930.
Convention signed between Russia and China, 1860. Celebration of Shanghai Jubilee,
1893. Gfermans took possession of Kiaochau Bay, 1897. Death of the Chinese Emperor
Kwang Hsu, 1908. Armistice celebrations in Hongkong, 1918.
24TH AFTER TRINITY. H.M. gunboat “Gnat” lost on the Palawan, 1868. Opening of
Canton-Fatshan Railway, 1903. Death of the Chinese Empress Dowager Tze Au, 1908.
Shanghai opened to foreign commerce, 1843. Piracy of the s.s. “Sunning,” 1926.
Great Are in Hongkong,1867. First section Shanghai-Nanking railway to Naziang opened.
General strike of printers commenced in Hongkong, 1911.
Wed. Important Harbour Improvement works at Macao announced, involving an expenditure
of over $10,000,000,1920.
Thurs. Terrific gunpowder explosion at Amoy, 1887. Jesuit fathers expelled from Macao, 1910.
“Sui An” pirated on her way from Macao to Hongkong, 1922.
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. Marshall Li Tsai Hsin entertained
at Government House, Hongkong, 1928.
Resignation en bloc
25TH AFTER TRINITY. Boiler explosion on board the str. “ Yesso” in H.K. harbour, 1877.
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, 1916.
Chinese commenced boycott of trams in Hongkong which lasted seven weeks, 1912. Mar-
shall Tuan Chi Jui assumes office as Chief Executive of China, 1924.
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. British Warship, sunk in 1859 at
Taku, discovered at mouth of Haiho, 1927.
Edict issued by the Viceroy of Canton forbidding trade with British ships, 1839. League
of Nations Society formed in Hongkong, 1930.
M. Thiers accepts the apology of Ch’ung How, the Chinese Ambassador, for the murder
of the French at Tientsin (June 21st, 1870), 1871. Tung Wah Eastern Hospital, Hong-
kong, opened, 1929.
Satur. Foreign factories burnt at Canton, 1856. Great fire in Hongkong, 1867. Blake Pier,
Hongkong, opened, 1900.
Sun. 1ST SUNDAY IN ADVENT. 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 Revolutionists
and Imperialists, 1911. Manchu Emperor seeks sanctuary in Japanese Legation, 1924.
THE CALENDAR FOR 1931 XIX
DECEMBER—31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6h. 46m. 5h. 38m. 1929 1930
15 th 6h. 55m. 5h. 41m. Mean Maximum 68.8 68.2
31st 7h. 03m. 5h. 49m. Mean Minimum 60.9 60.6
Mean 64.7 64.0
MOON’S PHASES
BAROMETER, 1930, AT SEA LEVEL
Last Quarter ... 50 A.M. Mean ... ... ... .. 30.16 inches
New Moon 16 P.M.
First Quarter... 43 A.M. 1929 RAINFALL 1930
Full Moon ... 23 A.M. 0.420 inch 0.890 inch
PAYS OF! DAYS OF 110 & 11
WBKK MONTH I MOONS CHRONOLOGY OF REMARKABLR EVENTS
Queen Alexandra born, 1844. Treaty of Locarno signed, 1925. Chiang Kai Shek married
Dr. Sun Yat Sen’s sister-in-law, 1927.
Wed. 2 Large public meeting at City Hall, Hongkong, approves of new Club for joint use
of civilans, and services under Y.M.C.A. management, as the main War Memorial
of the Colony, 1920. Scheme dropped later.
4
S. Francis Xavier died on Sanchoan, 1552.
Fri””' First census of Hongkong taken, population 15,000,1841. “Ironsides” attacked Canton
6
but were repulsed, 1929.
Satur. Six foreigners killed at Wang-chuh-ki, 1847. Sooehow re-taken by the Imperialists
under General Gordon, 1863. The Japanese vrarship “ Unebi-kan" left Singapore
and not heard of again, 1886.
Sun. 6 27 2ND IN ADVENT.
28 European factories at Canton destroyed by a mob, 1842. Foundation stone of new
Portuguese Club in Duddell Street, Hongkong, laid by H.E. The Governor of Macao, 1920.
Tues. 8 Piracy of the s.s. “Haiching,” 1929. Rotary started in Hongkong, 1930.
Wed. 9 Ningpo captured by the Taipings, 1861. Consecration of new Pei-tang Cathedral,
Peping, 1888. Piratical attack on Portuguese str. “American,” near Macao the
captain being killed, 1913.
10 Piracy on board the Douglas str. “ Namoa,” five hours after leaving Hongkong.
Captain Pocock and three others murdered and several seriously wounded, 1890.
Arrival in Hongkong of Governor Sir William Robinson, 1891. Formal transfer of
administration of former leased territory of Kiaochow by Japan to China, 1922.
Fri. 3 Indemnity paid by Prince of Satsuma, 1863. Admiral Bell, U.S.N.,drowned at Osaka,
1867. Communist holocause in Canton, 1927. Peninsula Hotel, Kowloon, opened, 1928.
Satur. Imperial Decree stating that the Foreign Ministers at Peking are to be received in
audience every New Year, 1890.
Sun. 5 3RD IN ADVENT. French flag hauled down from the Consulate at Canton by Chinese, 1832.
First reception of foreign ladies by the Empress Dowager of China, 1898. President
Yuan Shih-kai invited to ascend the Dragon Throne of China by a unanimous
vote of the provincial delegates at Peiping, 1915. Canton captured by “Reds,”
streets littered with corpses, 1927.
Tues. All Roman Catholic Priests (not Portuguese) expelled from Macao, 1838.
Wed. Memorial Stone of New Harbour of Refuge at Mongkoktsui laid by H.E. Sir Henry
May, 1915. Arrival of Bishop of Londou in Hongkong, 1926. Russian vice-consul
executed at Canton, 1927. Ricci Hall, Hongkong University Hostel opened, 1929.
Thurs. 17 9 United States District Court for China opened at Shanghai, 1906. Sir W. Des V®ux,
formerly Governor of Hongkong, died, 1909. H.E. Sir R. E. Stubbs inspects Hong-
kong Defence Corps on its last parade, 1919. Coastal shipping strike at Hongkong,
1919. Sports Club, Hongkong, opened, 1928.
10 Sir Hugh Gough and the Eastern Expedition left China, 1842. General Cheung Wa
Cheung completed long distance flight of 3,607 miles, 1928.
Satur. 19 11 Gen. Cheng Ming Shu sworn in as Chairman of Kwangtung Provincial Administrative
Council, 1928.
Sun. 20 12 4TH IN ADVENT. Arrival of Princes Albert Victor and George of Wales at Hongkong in
the “Bacchante, 1881. Two cotton mills destroyed by Are at Osaka, 120 persons
burnt to death, 1893. Tuan Fane murdered, 1911. Britain accepts China’s tariff
proposals, 1928. Hongkong Flying Club formed, 1929.
Mon. 21 Steam navigation first attempted, 1736.
22 Two Mandarins arrived at Macao with secret orders to watch the movements of
Plenipotentiary Elliot, 1836.
Wed. 15 Sir Henry May, of Hongkong, appointed Governor of Fiji, 1910. One million dollars
worth of forged Chinese banknotes seized in Hongkong, 1912. President Yuan
Shih-kai performed the Worship of Heaven, 1914.
Thurs. British Consulate at Shanghai destroyed by fire, 1870.
Fri. CHRISTMAS DAY. Great fire in Hongkong, 368 houses destroyed, immense destruction
Satur. of property, 1878. Death of Emperor Taisho of Japan, 1926.
18 BOXING DAY. ST. STEPHEN. Great fire at Tokyo, 11,000 houses destroyed, 26 lives
lost, 1897.
Sun. 19 1ST AFTER CHRISTMAS. Dedication of Hongkong Masonic Hall, 1865.
Mon. 20 Canton bombarded by Allied forces of Great Britain and France, 1857. S.S. “Hydran-
Tues. 29 gea ” pirated by passengers in Bias Bay on her way from Hongkong to Swatow, 1923.
21
Wed. 30 22
Thurs. 1 31 23 Dr. Sun Yat Sen elected Provisional President of the Republic of China, 1911.
xx PETROLEUM REFINERS
SHELL MOTOR SPIRIT - - -
SHELL AVIATION SPIRIT - -
SHELL MOTOR LUBRICATING OIL
SHELL INDUSTRIAL OILS - -
KEROSENE FOR ALL PURPOSES -
FUEL OIL FOR ALL PURPOSES -
CANDLES—PARAFFIN WAX - -
LUBRICATING OILS—WHITE OILS
SHELL MINERAL TURPENTINE -
BITUMINOUS PAINT—ASPHALT -
Oil Fuel for Motor Ships, Steamers’ Bunkers and Industrial Purposes at
Aberdeen u Colombo Jarrow-on-Tyne abNonai a San Pedro
a Adelaide (Panama Canal)
Constanza
Karachi
Kingston (Jamaica)
Oslo
Palembang a Santos
Seattle
a Alexandria
Amsterdam
Antofagasta
a Copenhagen
Curacao Las Palmas
Leghorn
aa
a Pladjoe
Palermo
Pangkalan
“ Shanghai
aaShimonoseki
Singapore
Dover
aa Auckland (N.Z.)
Durban
Fall River
Falmouth
Lisbon
aa
Penang
Perim
Berandan
aa
Sourabaya
Southampton
a Avonmouth
Balboa a Frederica
Freemantle
London
(Shellhayen & Pernambuco * b
Stanlow
Stockholm
a (Panama Canal)
Balik Papan aa Gibraltar
Thameshaven)
Macassar
Portishead
Portland (Oregon) Svolvaer
aaBaltimore
Bangkok baGlasgow
Gothenburg
Madras
Malmo a Port Said
Port Sudan
Sydney
Tampa (Florida
aBarton
Batavia aHamburg
Hankow
Malta
Manila
Puerto Mexico
Quebec
a
6 Bergen Havana Maracaibo
aa Rio de Janeiro Trieste
aaa b
Boelebaai Ceram Havre Marseilles Rotterdam Trinidad
Bombay
Bordeaux a
« Hongkong
Honolulu
Melbourne
Miri a Rouen
St. Nazaire
a
Tunis
Tuxpan
Brisbane
Buenos Ayres a Houston (Texas)
Hull
Mombasa
Montevideo aa St. Vincent
Sabang
a
Vado
Valparaiso
aa
Bumpyo (Korea)
Calcutta a
a; Ichang
Iloilo
Montreal
Nagasaki
aa
Saigon
Saitozaki
Vancouver
aa
Canton
Cape Town
Cebu
Iquique
Jacksonville
(Florida)
Naples
New Orleans
New York
San Francisco
San Juan
(Porto Rico)
aa Vera Cruz
Wellington (N.Z.)
Yokohama
Diesel Oil as well as Fuel Oil available. b Diesel Oil only available.
Asiatic Petroleum Co-, £t CHINA, STRAITS, SIAM AND THE PHILIPPINES.
Compagnie Franco-Asiatique des Petroles.
INDO-CHINA.
De Bataafsche Petroleum Maatschappij.
DUTCH EAST INDIES.
Rising Sun Petroleum Co., Ltd.
JAPAN, COREA AND FORMOSA.
BOOKSELLERS xxi
Directory and Chronicle For
China, Japan, Philippines, British Malaya, etc.
AGENTS:—
Europe
LONDON Lt. Col. H. L. furrow5, 53, Fleet Street, E.C. 4
Do Mr. F. Algar, 58/Q'racechurch Street, London, E.C. 3
Do Messrs. G. Street it Co., Ltd., 30, Cornhill, E.C.
PARIS Messrs. G. E. Fuel de Lobel & Cie., 53, Rue Lafayette
America
NEW YORK Acme Code Co., 93, Front Street
SAN FRANCISCO Acme Code Co., 311, California Street
Australia
/Messrs. Gordon & Gotch, 123, Pitt Street
SYDNEY H A Goddard, 255A, George Street
MELBOURNE Messrs. Gordon & Gotch, 124 and 126, Queen Street
BRISBANE Messrs. Gordon & Gotch, Queen Street
Canada
VANCOUVER, B.C Mr. C. J. Ward, 1863, West 8th Avenue
India
CALCUTTA Messrs. Thacker, Spink & Co., 3, Esplanade East
iS0MBAY
i xr / “ Times of India ” Office
/Messrs. Thacker & Co.
Far East
TOKYO & YOKOHAMA: Messrs. Maruzen Co., Ltd.
KOBE FORMOSA Mr. S. Elphipstpne, Taipeh . » ,
PEIPING ......Mr. H. Vetch, The French Book Store, Grand Hotel de Pekin
TIENTSIN Mr. H. Vetch, The French Book Store, 69-71, Rue de France
SHANGHAI, &C Messrs. Frost, Bland & Co., 29, Szechuen Road
FOOCHOW Messrs. Brockett & Co.
AMOY Messrs. Douglas, Lapraik & Co.
SWATOW.... Messrs. Bradley & Co., Ltd.
CANTON Mr. B. F. Wong
MACAO Mr. A. A. de Mello
SAIGON Compagnie de Commerce et de Navigation d’Extreme Orient
a . „„„„ . x-T. f Advertising and Publicity Bureau, Meyers Chambers,
Raffles Place - .
BRITISH MALAYA [^fessrs Kelly & Walsh, Ltd., 32, Raffles Place
MANILA Philippine Education Co.
BORNEO Mr. D. G. Wood, Sandakan
HONG KONG:
HONGKONG DAILY PRESS, LIMITED, 11, ICE HOUSE STREET
XXII FRENCH BANKS
BflPQUe D€
PARIS ec ces PA^S BAS
ESTABLISHED 1872.
CAPITAL (Fully Paid) - Frs. 300,000,000
RESERVE FUNDS - ■ Frs. 310,000,000
HEAD OFFICE: 3, Rue d’Antin, PARIS
Travellers’ Office: 88, Champs Elysees, PARIS
BRANCHES:
AMSTERDAM, BRUSSELS, GENEVA
Correspondents in all parts of the World
EVERY DESCRIPTION OF BANKING BUSINESS TRANSACTED
Telegraphic Address: “ PARIBAS ”
(For Head Office and Branches)
FRENCH BANKS XXIII
Banque Franco-Chinoise
Pour le Commerce et (’Industrie
Subscribed Capital (entirely paid up) Frs. 50,000,000
Surplus
Working Capital and Reserves (Provided by Banque Industrielle de Chine) Frs. 31,837,000
Frs. 50,000,000
CmtaeH 0 ’ JV&mintBtration :
M. GeIOLET
and des (G.), G.O.
Pays-Bas. , President,
Viee-Pr6sident du ConseilPresident honoraire dude Conseil
d’Administration d'Administration de la Banque de Paris
M.M. M.M. la Compagnie du Chemin de Fer du Nord.
'OudotDireeteur
(E.), o.de la Banque
Vice-President,
de Paris & des Pays-Bas. RoBEET(R.) (Leon), 128, Eue du Bae, Paris.
Atthalin (Andr^),
Direeteur o. de Paris & des Pays-Bas. Salle
de la Banque
Ancien Avocat General en Indochine.
(R. J.),de la Banque Nationale de Credit. ChienAncien
AudapDirecteur YungVice-Ministre
Ming, Vice-President,
ment Chinois. des Finances du Gouverne-
CaSENAVE (M.), O. ty, Ministre F16nipotentiaire. Liou Fou TchengGeneral
Ex-Directeur # des Postes Chinoises.
Devies (Maurice)de la Banque
d’Administration vice-pNationale
resident dude Conseil
Credit. Li TCHANG Yl, Commissaire des Finances de ,1a
GeAHMONT (M.) ty, Negociant Industriel a Saigon. Province de Foukien.
'OoiEE (E.) Aneien Ministre. TCHOU Sin LAN, 0. # Ing6nieur Civil.
PoieieeAdministrateur
(Henry), o.de la Banque Franyaise et TcHU Tcheng TcHANG, de la Banque de Chine.
Italienne pour l’Am6rique du Sud. TSI TCHE,k Charge
Paris. d’affaires de la Republique de Chine
iREGNAULT
Ancien (E.), G.O. de France au Japan.
Ambassadeur Wei Tao Ming, des Finances du Gouvernement
Administrateur
de Tunisie. du Credit Foneier d’Algerie et Vice-Ministre
Chinois.
Canute &e Btrertinn &e ^aria:
M. OUDOT (E.), Frendent,
MM. ATTHALIN, AUDAP, CASENAVE, GEAMMONT, CHIEN YUNG MING, LIOU FOU TCHENG.
Canute be Birertfan YUNGbeMING,Pekin:
TCHOU SINMM.LAN,CARRERE,GUEEARDPresident, CHIEN
et Messieurs les Directeurs Vice-President,
des Agences de Shanghai et lYkin.
Contntiaaatre bn Couuernement Jfranraia:
M. de CELLES, C. ■$>, Directeur honoraire au Ministfere des Finances.
CamnxiaaaireM. bn TSENGCouuernement
YOUNG POU. Chtnats:
Birerteur (general: Birerteur (general Chinoia:
M. CABREBE (G.) M. CHIEN YUNG MING.
Brancbes
PARIS
XYONS
France:
HAIPHONG HUE
SAIGON Indo-China:
PNOM-PENH || THANHOA TOURANE PEIPING China: I SHANGHAI
MARSEILLES HANOI QUINHON VINN-BENTHUY HONGKONG | TIENTSIN
HEAD OFEICE:—Paris: 74, rue
LONDON Representative:—!, Broad Street Place. E.C. 2. Saint-Lazare.
bankers
BANQUE DESOCIETE PARIS GENEEALE
ET DES PAYS-BAS France:
POUR FAVORISEBI LE COMMERCE BANQUEETNATIONALE
L’INDUSTRIE.DE CREDIT.
MIDLAND BANK, LTD. London:
LLOYDS(Overseas
BANK, Branch).
LTD. (Colonial |and ForeignBANCA COMMEECIALE ITALIANA.
Department).
IRVING BANK COLUMBIA TRUST Co. NEW I York: MANUFACTURERS TRUST Co.
iBANCA COMMERCIALS ITALIANA. | INTERNATIONAL ACCEPTANCE BANK.
Correspondents Throughout the World.
XXIV BANKS
Hongkong and Shanghai Banking Corporation.
AUTHORISED
PAID-UP CAPITAL
CAPITAL $50,000,000
$20,000,000
RESERVE FUNDS:-
STERLING £6,500,000
RESERVESILVERLIABILITY OF PROPRIETORS $9,500,000$20,000,000
HEAD OFFICE:—HONG KONG.
BOARD OF DIRECTORS:
Hon. J. A.C.PLUMMER,
Mr. Esq.,Deputy
G. S. MACKIE, Chairman
W. A.H. H.BELL, Esq.
COMPTON, Esq. Hon. T.Mr.E. Chairman
J. J. PATERSON.
B. LANDER LEWIS,
G. MISKIN, Esq. Esq. T.PEARCE, Esq. Esq.
H. R. SHAW,
J. P. WARREN, Esq.
BRANCHES:
AMOY HONGKONG
ILOILO PEIPING
BANGKOK IPOH PENANG
BATAVIA JOHORE RANGOON
BOMBAY KOBE SAIGON
CALCUTTA KOWLOON SAN FRANCISCO
CANTON KUALA LUMPUR SHANGHAI
CHEFOO LONDON Do. (HONGKEW)
COLOMBO LYONS SINGAPORE
DAIREN
FOOCHOW MALACCA
MANILA SOURABAYA
HAIPHONG MOUKDEN SUNGEIPATANI
TIENTSIN
HAMBURG
HANKOW MUAR
NAGASAKI TOKYO
HARBIN NEW YORK TSINGTAO
YOKOHAMA
CHIEF MANAGER:—V. M. GRAYBURJV, Esq.
MANAGER: SliangHai—A. B. EOWSON, Esq.
LONDON OFFICE—9, GRACECHURCH STREET, E.C.
LONDON bankers :-WESTMINSTER BANK, LIMITED.
HOIV O.
Interest Allowed
On Current Deposit Accounts at the rate of 1 per cent, per annum on the
minimum monthly balance.
On Fixed Deposits:— Kates may be ascertained on application.
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.
V. M. GRAYBURN,
Hongkong, December, 1930. Chief Manager.
BANKS XXV
Chartered Bank of India, Australia and China
Head Office: —38, BISHOPSGATE, LONDON.
INCORPORATED BY ROYAL CHARTER 1853.
CAPITAL, in 600,000 Shares of £5 each £3,000,000
RESERVE FUND £4,000,000
Court of Directors
Sir MONTAGU CORNISH TURNER, Sir HENRY PELHAM WENTWORTH
Chairman. MACNAGHTEN.
COLIN FREDERICK CAMPBELL, Esq. Sir Wm. FOOT MITCHELL.
Sir Wm. H. NEVILLE GOSCHEN, k.b.e. ARCHIBALD ROSE, Esq., c.i.e.
ARCHIBALD AULDJO JAMIESON, Esq. JASPER BERTRAM YOUNG, Esq.
EDWARD FAIRBAIRN MACKAY, Esq. A. D’A. WILLIS, Esq.
Chief manager
W. E. PRESTON
J. S. BRUCE managers G. MILLER
Sub-manager
J. L. CROCKATT
Auditors
DAVID CHARLES WILSON, f.c.a.
HENRY CROUGHTON KNIGHT STILEMAN, f.c.a.
Bankers
Bank of England
Midland Bank, Limited
Westminster Bank, Limited
National Provincial Bank, Limited
The National Bank of Scotland, Limited
Agencies and Branches
Alor Star (Malay States) Haiphong
Amritsar Kuching (Sarawak) Singapore
Bangkok Hamburg Madras Sitiawan
SOURABAYA
Batavia Hankow
Harbin Manila
Medan
Bombay Taiping
Tavoy (F.M.S.)'
Calcutta Hongkong
Iloilo New
PenangYork Tientsin
Canton
Cawnpore Ipoh Peiping (Peking) Tokyo
Cebu Karachi Rangoon Tongkah (Bhuket)'
Colombo Klang Saigon Tsingtao
Dairen (S. Manchuria) Kuala Kangsar Seremban (F.M.S.) Yokohama
Kobe Semarang Zamboanga (Phi-
Delhi Kuala Lumpur Shanghai lippine Islands)
Correspondents in the Chief Commercia places throughout the world.
3, Queen’s Road, Hongkong, 1931. A. H< FERGUSON, Manager.
XXVI BANKS
THE
Mercantile rank ^
^ OF INDIA, T IMITED.
Authorised Capital £3,000,000
Subscribed Capital £1,800,000
Paid-up Capital £1,050,000
Reserve Fund and Rest £1,612,047
HEAD OFFICE: 15, CRACECHURCH ST., LONDON, E.C. 3.
BANKERS:
The Bank of England. Midland Bank, Ltd.
BRANCHES:
BANGKOK IPOH MADRAS
BATAVIA KANDY NEW YORK
BOMBAY KARACHI PENANG
CALCUTTA KOTA BHARU PORT LOUIS (Mauritius)
COLOMBO KUALA KRAI RANGOON
DELHI (Kelantan) SHANGHAI
GALLE KUALA LIPIS (Pahang) SIMLA
HONGKONG KUALA LUMPUR SINGAPORE
HOWRAH KUANTAN (Pahang) SOURABAYA
HONGKONG BRANCH.
Every description of Banking and Exchange Business transacted.
Travellers’ Cheques issued.
Trustee and Executorships undertaken.
INTEREST allowed on Current Accounts and Fixed Deposits at
Rates that may be ascertainted on application.
Telegraphic Address: "PARADISE.”
7, Queen’s Road Central, F. THOROUCOOD
Hongkong, ist January, 1931. Manager.
BANKS XXVII
THE
NHTIONHL CITY BANK
OF
NEW YORK.
Head Office:—
55, WALL STREET, NEW YORK.
Capital, Surplus and Undivided Profits U.S. $224,554,298
Branches in:—
ARGENTINA CUBA JAPAN PORTO RICO
BELGIUM DOMINICAN MANCHURIA REPUBLIC OF
BRAZIL REPUBLIC MEXICO PANAMA
CHILE ENGLAND PERU STRAITS
CHINA INDIA PHILIPPINE SETTLEMENTS
URUGUAY
COLOMBIA ITALY ISLANDS VENEZUELA
Commercial and Travellers' Letters of Credit, Travellers'
Cheques, Bills of Exchange and Cable Transfers bought and sold,
Current accounts and Savings Bank accounts opened and Fixed
Deposits in local and foreign currencies taken at rates that may be
ascertained on application to the Bank.
We are also able to offer our Customers the services of the
Branches of the International Banking Corporation, in San Francisco
and Spain, and also of The National City Bank of New York
(France) S.A., in Paris and Nice.
F. IV!cD. COURTNEY,
Hongkong, January, 1931. Manager.
XXVIII BANKS
HONGKONG SAVINGS BANK.
The Business of the above Bank is conducted by the
HONGKONG AND SHANGHAI BANKING CORPORATION.
Buies may be obtained on application.
INTEREST on Deposits is allowed at Per Cent. Per Annum
on the minimum monthly balances.
Depositors may transfer at their option balances of $100 or more to the Hongkong
and Shanghai Bank, to be placed on FIXED DEPOSIT at current rates.
For the Hongkong and Shanghai Banking Corporation,
V. M. GRAYBURN,
Hongkong, December, 1930. Chief Manager.
The Bank of Canton,
Limited.
Head Office: HONGKONG.
Authorized Capital ... Hongkong $11,000,000
Capital, Paid Up ,, $8,665,600
Reserve Fund ... ,, $1,000,000
Branches:
NEW YORK, SAN FRANCISCO, SHANGHAI, CANTON,
HANKOW, BANGKOK.
Correspondents:
In all the Principal Cities of the World.
London Bankers THE LLOYDS BANK, LIMITED.
Foreign Exchange and General Banking Business Transacted.
Current and Savings Accounts Opened, Fixed Deposits Received and Safe
Deposit Boxes for Rent!
LOOK POOIMG SHANj Chief Manager.
SHIPPING XXIX
$ftl>0*4jmra Steam Babiemtion Co:., PC
Fleet:—37 Steamers. 98,366 Gross Tons.
The Company’s
Kumsang, Nam Ocean and
sang, Mausang, Coasting
Suisang, FleetSteamers : .Kittsa^,Kwaisang,
Hosang,
Kwongsang, Fooshing,
Chipshing, Waiship-g, Yats}dng,
Yusang Tingsang, Yuensang,
and Leesang.
Hinsang,
Fausang, Hof ChaJcsang,
sang, Hang sang, Cheongshing,
The Company’s
Luenho, Yangtsze
Suiwo,Paowo. River
Pingwo, Kutwo, FleetSteamers:
Kiangwo, Tungwo, Changwo,Knngwo,
Fuhwo,Loongwo,
Kingwo, Tuclcwo,
Kiawo,
Siangwo and
SERVICES:—
CALCUTTA
ServiceHongkong
between Calcutta, AND JAPAN
Penang, LINE. —
Singapore,An excellent fleetAmoy,
Hongkong,every of freight
Shanghai and passenger steamersThemaintain
vessels onaKvmsang,.
Regular
leave
Namsang, Suisang forandtheYuensang,
above ports
all of approximately
which have superior and and and
10 up-to-date
days includeJapanthePorts,
first-class Fvfsung,accommodation,
passenger Homvg, this run
and
areaccepted
fitted onwiththrough
wireless.Bills ofFully qualified Doctors are carried. Round Trips
Lading to Rangoon, Port Swettenham, Madras and Dutch East-Indies. to Japan at Moderate Rates. Cargo
TsingtauCANTON-HONCKONC-SHANCHAI
Hangsang, viaChaTcsang
Swatow,&nAandEwaisang, LINE.-Regular
vice-versa.whichSteamers Sailings
includeeverytheSunday
on thispassenger-accommodation
line Ewongsang, and Wednesdiiy .to-; Shanghai
I'poshing, Ygtsjiing, and
Hopsang,
Through Tickets and Bills of Lading issued tohaveall Northern
limited and Yangtsze Ports. and are etjuipped with wireless.
betweenabout CANTON-HONCKONC-TIENTSIN
Hongkong Tientsin, callingLINE.at —Swatow,
A Regular Serviceandis occasionally
run from theWeihttiyei
end pf February to December,
leaving every 10anddays. Foochow, and Chefoo, steamers
Mausang, both steamers having wireless and good passenger accommodation. Cargo accepted oh through Billsan BORNEO LINE. — Sailings between Hongkong and Sandakan are maintained every It) days by the Hinsang
Lading for Kudat, Jesselton, Tawao and Lahad Datu,
are fittedSHANCHAI-WEIHAIWEI-CHEFOO
Wednesdays withandexcellent
Saturdays.firstA class
AND TIENTSIN
accommodation
Modified' and LINE.
Service is maintained
—about
leaveduringThe neweverysteamers Fausang,Sailings
the WinterthreeMonths.
days. TingsangfromandShanghai
Zeesang1
WednesdaySHANCHAI-TSINCTAU
and Saturday. LINE.— a Bi-weekly Service is maintained, steamers leaving Shanghai every
YANCTSZE
Five Sailings from Shanghai LINE.—Theevery twinweek
screwforsteamers Eungwo,
Chinkiang, Zoongwo,
Nanking, Wuhu,Tuckwo,
KiukiangSuiuo,and.Eutuo
Hankow andconnecting
Zuenho maintain
at the-
asteavementioned
Hankow port
for with theonsteamers
Ichang Mondays Eiangwo,
and Pingwo,calling
Thursdays, Tungwoatand YochowPaouo.and Shasi.
The Eianguo,
The Tungwoleaves
Changwo and Hankow
Siangwo-
weekly, for Yochow, Changsha and Siangtan.
connect ICHANC-CHUNCKINC LINE.—TheIchangFuhwoandandLowerEiawo, the largestduringvesselsthenowSummer
operating through the Gorges,
maintainswithSailings the Company’s
between Ichang Hankow, and Chungking duringRiver
the Service
Low Water Season. TheseMonths,
steamersandhavetheexcellent
Eingwo
first-class passenger accommodation and are fitted throughout with electric fans.
Round atTripReduced
and vice-versa, TicketsRates.
are issued From SHANGHAI To HANKOW and From TIENTSIN To SHANGHAI,
General Managers, Hongkong and Shanghai.
XXX SHIPPING
WIHTE EMPRESSES
0/ the PACIFIC
Largest and Fastest Steamships
on the Pacific Ocean
Displacement Gross
Tonnage Registered
Tonnage
Empress of Japan 39 000 26,000
Empress of Canada 32,250 21,500
Empress of Asia 25.350 16,900
Empress of Russia 25,200 16,800
12 Days from China and 8 Days
from Japan to Canada
Regular Fortnightly Service.
HONGKONG-MANILA'SHANGHAPTIENTSIN
NAGASAKI-KOBE'YOKOHAMA and TOKYO.
CANAIIIAN PACIFIC
WOUI.11% «ilfEATEKTTltAVEI. SYSTEM
SHIPPING XXXI,
Douglas steamship Companpt £«
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 State-rooms, and Wireless Telegraphy.
Arrivals and Departures from the Company's Wharf
(near Blake Pier).
Sailings to Swatow, Amoy and Foochow on Tuesdays and Fri-
days. Round trip to Foochow, calling at Swatow and
Amoy, occupies about eight to nine days. Stay of
Steamers at Swatow and Amoy on upward and downward
trip about 8 hours. Stay at Foochow 48 hours.
Round Trip Tickets will be issued from Hongkong to Foochow
(Pagoda Anchorage) and Return by the same steamer at
the reduced Rate of $85.00 including Meals while the
steamer is in port.
Fleet of Steamers:—
“ MAIMING ” Tons 2,300
“ HAIYANG ” ... ... ... „ 2,289
“ HAICHING ” „ 2,080
For Freight and Passage apply to:—
DOUGLAS LAPRAIK & Co.,
General Managers,
P. & O. Building (4th Floor), Hongkong.
Agents at Coast Ports:—
At Amoy—Messrs. DOUGLAS LAPRAIK & Co.
At Swatow and Foochow—Messrs. JARDINE, MATHESON & Co., Ltd.
:xxxn CEMENT MANUFACTURERS
PORTLAND CLIENT CO., LTD.
Telephones : Telegraphic
Nos. 66 Address:
& 328. “CIPORTIN
HAIPHONG.”
English French
A.B.C. Code A. Z. Code
5th & 6th 3rd Edition,
Editions, Cogef
Bentley’s Lugagne.
North China: South China:
RACINE & Co, A. L. ALVES & Co.
Philippine Singapore:
Islands: DUPIRE
SMITH, BELL & BROTHERS.
Co., Ltd.
Netherlands
Siam : India:
Les Successeurs HANDELS-
de E. C. MONOD VEREENIGING
& Co. “ROTTERDAM.”
IND0-C1A LAFARGE ALUMINOUS CEMENTS
SCALES OE COMMISSIONS AND BROKERAGES
HONGKONG GENEKAL CHAMBER OF COMMERCE
Adopted at the Annual General Meeting held \9th May, 1903
Purchasing or selling Tea, Raw Silk, and Cotton ... ... ... 21 per cent.
Purchasing or selling Opium 2 „
Purchasing or selling all other Goods and Produce ... ... ... ... 3 ,,
Purchasing or selling Ships and Landed Property 5 „
Purchasing or selling Stocks and Shares
Inspecting Tea ...
Inspecting Silk
Guaranteeing Sales
Guaranteeing Remittances
Drawing or endorsing Bills of Exchange
Drawing or negotiating Bills of Exchange without recourse
Purchasing or realising Bullion or Bills of Exchange
Remitting
Paying andthereceivingProceedsMoney of Bullion or BillsAccount
in Current of Exchange
Paying Ship’s Disbursements ... ...
Collecting Freight
•Obtaining Freight or Charter
Obtaining Freight or Charter and collecting same Freight
Adjusting Insurance Claims on Amount Recovered
Effecting Insurance, on the Insured Amount
Prosecuting or defending successfully Claims, either at Law or by Arbitration
Prosecuting or defending unsuccessfully
Managing Estates and collecting Rents (on Gross Receipts)
Transhipping and forwarding Jewellery and Bullion 0*
Forwarding or transhipping Cargo 1 „
Transhipping or forwarding Opium $2 per chest.
■Goods withdrawn or re-shipped 4 Commission,
•Granting Letters of Credit ... 1 per cent.
For doing ship’s business when no inward or outward Commission is earned, 20 cts. per Register ton.
The otherwise
conversion into Hongkong currency rateof sterling freight inward to Hongkong, onpayable in Hongkong, shall, unless
the close ofstipulated,
a mail shallbe made
be theatratetheapplicable
for Bank
to suchBillspurpose
on London
duringpayable demand;
the subsequent week.and the rate ruling at
Brokerage on Bills and Bullion 4 per cent. Payable by Seller,
Brokerage on Produce and General Merchandise $ „
Brokerage on Fire Arms 1 „
Brokerage for
procuring Freight Negotiating and completing Charters and )
J ^ ” by Ship.
Brokerage for Negotiating sale or purchase of Landed Property 1 „
_
- ' zz_ _z ^__- - ^ r - ■ * = -
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HngloCbmese Calenbav for 1931
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CHINESE FESTIVALS ANI) OBSERVANCES IN 1931 XXXV
1931
Jan. Slight Cold.
Great Cold.of Spring.
Beginning
Worship
The god ofof the the hearth
god of the hearth
reports at nightfall.
to heaven.
1719 Chinese
Coming New Year’s Day.
Mar. 3 Feast ofofLanterns,
Rain. FSte of Shang-yuen, ruler of heaven.
Mencius
Vernal born, B.C.Fete
371. ofF@te of theof gods of land.worshipped by students.
dayEquinox,
FStepeople offromHung-shing,
drowning,
the god
god of the
and for onsending
literature,
Canton
rain river,timespowerful to preserve
Apr, Tsing-ming
ancestors’orgraves. Tomb FeteFestival;
of Kwanyin, day inpeople
thisgoddess of mercy.
ofworship
drought. at their
F6teandofofHiuen
Peh-te, T’ien Shang-ti, the supreme
Tauist god of the North Pole. ruler of the sombre heavens
May 6 Beginning
Fete of Tienof Heu,Summer.Queen of Heaven, Holy mother, goddess of sailors.
IV. Moon SmallofFullness.
17 6 Fete
SproutingKinSeeds.Hwa, the Cantonese goddess of parturition.
National
Summer fete day. Dragon boat festival and boat races.
Solstice.
National
Anniversary fete of the son of Kwan Ti, god of war.
July 8 Slight Heat. of the Formation of Heaven and Earth.
Great
Fete ofofHeat.
the Goddess
Fete
Beginning Kwan Ti, godofofMercy.
of Autumn. war.
Firstsouls,
day ofwhen the seventh
Buddhist moon. During priests
this moonreadismasses
held theto festival ofsouls
all
from purgatory,
incantations scatterandriceTauist
accompanied by tofinger
feedplay
starving
imitating
releasemagic
ghosts,mystic
reciteSanskrit
characters
paper clothes which
for are
the onsupposed
benefit oftoofthethe
comfort
souls ofsouls
the indrowned,
purgatory, burn
andfamily.
visit
family
Exhibitions shrines to pray
of groups behalf
ofcombined deceased
statuettes,withdwarftheseplants, members of the
silk festoons, and
ancestral
enlivened tablets
by music are
and fireworks. ceremonies which are
Fete
Fete of the
ofof Chung seven goddesses of the Pleiades, worshipped by women.
Fete
White the godYuen, god of the element earth.
of wealth.
Fete ofDew. Ti Ts’ang-wang, the patron of departed spirits.
Autumnal
National feteEquinox.
Fete
Fete of
of the godday.of(born
Confucius theWorship
Sun.
552
of the moon, and Feast of Lanterns.
B.C.), the founder of Chinese ethics and politics.
Cold Dew.
19 IX. Moon 9 Chung Yang Festival,
ancestors’ graves kite-flying
and ascend day; peopleforon pleasure.
mountains this day worship at their
24 14
Nov.8 7 2829 Fete Frost Descent.
day ofofHwa Kwang, the god of fire.
Beginning Winter.
2324 X. Moon 14 Slight Snow.
Dec. 8 1529 Fete HeavydaySnow.
of Ha Yuen, the god of water.
23 XI. Moon 15 Winter Solstice.
HONG KONG STORM SIGNAL CODES
DAY SIGNALS.
1- T A depression or typhoon exists which may
2— Strong wind with squalls may possibly occur from the S.W. (S-W).
3— JL Strong wind with squalls may possibly occur from the S.E. (E-S.)
4- #■ Typhoon dangerous but dangei
5— A Gale expected from the N.W. (W-N).
d from the S.W. (S-W).
7— | Gale expected from the8 N.I (N-E).
8— # Ga’e expected from the S.E
S.E. (E-S).
1010 — + Wind of typhoon force expe Ha,
or
”"1' c‘,m'
NIGHT SIGNALS (Lamps).
12 3456789 10
II s §§ P II 11 = II = P
lo in ,h ev , on
” "" ” - *"‘ - "' ““on
SUPPLEMENTARY WARNINGS.
CORRECTIONS AND ADDITIONS
The following Changes, were received too late for inclusion in the bohy of the
Directory:—
TOKYO TIENTSIN
On pcic 375— 1 On page 581—
The following entry should read — The following entry should read'—
Chartered Bank of India, Australia jitj Kao lin
and China—Tokyo Agency: 14, Maru-
nouchi, 2-chome, Kojimachi-ku; P.O. Collins & Co., Ltd., Merchants and
Box 85 (Central); Tel. Ad: Temple Commission Agents, and Hydraulic
J. C. Marks, manager Presspackers — 75, Consular Road;
J. Miller, sub-accountant ; Teleph. 31051; Tel.andAd:London
ches at Shanghai Collins. Bran-
On page 407— Directors—C.
C. H. R. Morling
Rutherford, Howard (London),
Payne,
The following entry should read— Win. S. D. O’Hara and Ernest
Satoh C. F. Reed (Shanghai)
1, Minamidemma-cho, Kyobashi-ku C. S. Morton I P. NT. Voetzky
On page 416— F. E. Offord | As Kapoostin
The following entry should read—
Toyo ShokwaI — 6, Marunouchi San- On page 589—
chome Kojimachi ku Th^ following entry should read—
KOBE ^ & iili m &
Golden Star Oil Co., The—79, Fuku-
On page 490— shima Road, Japanese Concession;
Teleph. 21555; Tel. Ad: Arachis
The following entry should read— is Mori, partner
San San & Co., Import and Export J.C. Goennert,
Gnarowsky, manager
engineer
Merchants—31, Kaigan-dori, 3-chome;
Teleph. 294 (Sannomiya); P.O. Box -345; T. Aoyagi, assistant
Tel. Ad: Sansan;
andH. Bentley’s Codes: A.B.C. 5th edn.
W. Yung, manager HARBIN
On page 639—
PEIPING The following entry should read—
On page 551— Jjl$ X JtB "hT M Su ho tah kung jiang
The following entry should read*— Skoda Works, Ltd. (Far Eastern Office of
# m *1 x n * the Skoda Works, Ltd., Plzen, Czechoslo-
Association of Chinese and American ical vakia),
andSteel Works,Machinery—9,
Electrical Builders of Mechan-
Ryno-
Engineers—6,
President—Yang Tsai Chang Hutung
Pao-Ling chnaya Street, Pristan; Teleph. 45-05;
Secretary—C. Tan Tel. Ad: Skoda works
Editor—Miss Ruth Booker Karel
of FarJan.Eastern
Hora,Branches
e.e , gen’l.(Shanghai)
manager
Treasurer—H. A. Raider Y. Y. Kamburov, m.e., manager (absent)
c
XXXVIII CORRECTIONS AND ADDITIONS
Harbin, Continued:— Shanghai, Continued—
N. Kusik, manager pro. tern. On page 743—
J. A.Titera, administrator
N. Bolotin, e.e., engineer The following entry should read—
B.N. A.Z. Komar,
Lisunor,shipbuilding
sales-engineersalesman CoMPAGNIE FlNANCIERE BeLGO-ChINOISE
L. Fritsche, m.e., engineer, shipbldg. —6, Kiukiang Road; Teleph. 62739; Tel.
J. Hladik, M.E., engr., locomotives Ad:J. Belgochine Hers, general agent
C.H. T.Chow,
Yue, translator
e.e., salesman E. Devleeschouwer, signs per pro.
. S. Karpisek, secretary
V. Symon, assist, do.
Mrs. A.N. A.N. Tichoorazova, cashier
Heyking G. Shumkov On Page 765
Mrs. E. P. Lialina ' The following entry should read—
Miss L. Konicek Y. Maikov
J. N. Pokrovsky A.Mrs.Bieloskov Morozova
A. P. Tichonov
Tsung ko kien ye di tsai kong ssu
Fonciere et Immobiliere de Chine, S.A.,
DAIREN Land and Estate Agents, Construction
ofmentHouses, Supervision
of Estates, and Manage-
Mortgages — Head
On page 654— Office: 9, Avenue Edward VII; Teleph.
The following entry should read— 17008 E.J. Donne,
Chariot,vice-do.
president
® » M. Speelman, managing director
Ibsen, Thor., Importer—181, Yamagate- E.Directors
Sigaut, — J. Bordelongue, do.
dori;
Codes: Teleph. 7070; Lieber’s,
Bentley’s, Tel. Ad: A.B.C.
Thoribsen;
5th Chollot,
Yu Fong R.andFano,
Yih J. Gautier, J.ShiaJ.
Churtong
edn. Improved, Acme and Private P. Miss
J. Chollot, e.c.p.,secretary
technical mgr.
A. Luraschi, signs per pro. E. Moritz,
—. Loonef, clerk of works
On page 656— Miss M. Breen, stenographer
Chaou Fong Wong, accountant
The following entry should read1— S. F. Yang, draughtsman
% 7*
Russian Asiatic Co., The, General Im- On Page 778
porters—181,
7070; Tel. Ad: Troika Yamagata-dori; Teleph. The following entry should read—
A. Luraschi, signs per pro. Hilsberg, Wm.,Electric
Importer
Watches and Clocksof forSwiss
any
purpose—72,
18938; P.O. Box 1313 Road; Teleph.
Szechuen
SHANGHAI
On page 795—
On page 704— The following entry should read—
The following entry should read—
Kong Dah Co., Dealers in all kinds of
Belgian Benevolent Society—6, Kiu- Rice, Office:Flour,
132-138,Grain and Conty;
Route Fodder —Teleph.
Head
kiang Road 32070. Branch Offices: 95-7, Route Pere
President—J.
Yice-presdts.—P. HersBoon and A. Loonis Robert(Teleph. 34507); 633-5, Rue Amiral
Secretary—A. Lampo Bayle; and 162-4, Rue du Pere Fore
CORRECTIONS AND ADDITIONS xxxix
Shanghai, Continued'.— Nanking, Contimied'.—
On page 852— English
Mrs. M. Searle Bates[ Miss Adelaide
Ho Sih-ku
The following entry should read— Francis P. Jones j M. Wixon
Sino-Continental. Co., Importers and Samuel J. Mills | John G. Young
Exporters—35, Jinkee Road; Teleph. History
11955; P.O. Box 1817; Tel. Ad: Contcosino M. Searle Bates
A. Leonsonn Chen Kung-luh | Liu Chi-hsuen
Dick Huang Library Science
G. Kleffel Chen Chang-wei | Tsao Tsu-ping
Mrs. M. Kleffel, secretary Physical Education
CA.Ph. Grieffenhagen
Gregoire | P. C. Luh Tsu Shao-wu
Political Science
Heo Ai-chang | Liu Tsong-pen
NANKING Psychology
Liu Nai-ching
Religion
On page 884— B.Wang
Burgoyne
Chuin Chapman
The following entry should read— Wang Chwen-yong | John G. Young
Sociology
7^1 It Chin ling da sho Hu Chen I Lewis S. C. Smythe
University of Nanking Ko Siang-feng | Wu Ching chao
President’s Office president College of Science
Chen Yu-gwan, Wei Hsioh-ren, dean
Yuen Ching-hsien Chemistry
Miss Minnie H. Purcell Chen Yu-gwan
Treasurer’s Office Chang Sing- Sheo Loh
Miss Elsie M. Priest, treasurer Feng chen Tao Yen-chao
Ti-yuen
Sie Siang, accountant Li Shu-hsien J. Claude Thomson
Business Manager Pan Zung-heo Wang Ying-lai
Wu Shan Mathematics
Chang Tsi-hwa I Wu Yuin-hwai
Construction Department Pan Ting-kwan I Yu Kwan-lan
Chi Chao-chang (Charles T. Gee) Physics
Registrar’s Office Ching Pu (P. King) I Mao Teh-en
Liu Nai-ching, registrar Liu Pao-chi | Wei Hsioh-ren
Tsien Tswen-tien Zoology
Liu Ching-hsi | Swen Shu-fang Nelson S. Chen
College of Arts Fan Teh-shen | JohnTheron Illick
Liu Tsong-pen (Lawrence Lew), dean College of Agriculture and Forestry
John H. Reisnea, co-dean
Chinese
Chang Sheo-i Sie Kia-shen, do.
Hu Agricultural Economics
Hu Siao-shih
Tsiang-tung |I Li
KaoSiao-yuen
Ping-chwen John Lossing Buck
B. Burgoyne Chapman
Hwang Chi-kan j Liu Chi-hsuen Chang Lu-lwan
Tsu Tseh-ling, director of institute
of Chinese cultural studies Chiao Chi-ming Shen
Hsu Chen
Hsien yao
Swen Wen-yu
Li Tsui Ruh-tsuin
Economics
Ko Siang-feng | Wu Shi-shui LiuMing-liang
Rwen-tao Wan WangKwoh-ting
Lih-o
Education Ma Lih-yin Yang Wei
Liu Nai-ching ] WangChwen-yong Pan Hong-sheng Yieh Meo
Shao Teh hsing Yin Lien-ken
XL CORRECTIONS AND ADDITIONS
Nanking, Continued'.— Chungking, Continued:—
Agronomy
Chen Fang-cha Acting Commissnr.—P. J. Keating
Chen Yien-shan I| Shen
Heh Ching-ming WangTsong-han
Sheo Deputy do. —Lo Yao-ching
District Accountant—M. C. E. C.
Botany Fischer (acting Deputy Commr.)
Chiao Chi-yuen I Wang
Pang Sheo-peng Tai Fan-lan
Pen-chuen
AlbertN.Steward | Wei Ching-chao
Forestry T /® ^ Chufu
Chen
K. H. lCheo
ung I Hwang Shu-tsai Union Franco-Chinoise de Navigation
Chu Hwei-fang | Shen Hsioh-li Directors—E. Charrier, E. Bousquie
Horticulture C, T. Huang, Chinese manager
T. F. Li, Chinese assist, manager
Chang Wen-tsai | Tang Ih
Hu Chang-chi H. C. Teng, clerk-in-charge
Rural Extension
Chang
Chang Chi-wen
Yuen-wei | Cheo Ming-i
Library CANTON
Liu
Chen Chang-wei librarian
Kwoh-chuin,
Chen Tsu-kwei Liu Shen-pu
Cheo Keh-ying On page 966—
Chiu Shui-leng Tsao WangTsu-ping
Chao-yong The following entry should read—
Ho Si-fang Wan Kwoh-ting
Middle School f| Cheong wah
Djang Fang, principal Canton Overseas Trading Co., Ltd.,
Exporters, Importers, Manufacturers,
Shipping and Commission Agents—2,
Sha Kee Road (2nd floor); Teleph. 13722;
HANKOW Tel.
edn.,Ad:
Acme,Conscience; Codes:
Bentley’s and otherA.B.C. 6th
Standard
On page 909— Codes
W. S. Mak, managing director
The following entry should read'— H.
H. T.F. Leung,
Leung, director
do.
^ ^ ^ An chen hung sze J. R. Chan
Tang & Co., Ltd., W. A., Antimony Pro- W. H.
Y. S. HoMak |I S.C. K.S. Wong
Mak
ducers andConcession;
Japanese Distributors—67,
Tel. Ad:Yamatogai,
Watangco;
Codes: Acme, A.B.C. 6th edn., Bentley’s, On page 970—
Universal and Private
The following entries should read-
CHUNGKING Karan.ua & Co., C. M., Silk Merchants
Exporters
Concession, and Importers—21,
Shameen; French
Tel. Ad: Patell
On page 923— P. B. Dhabher
The following entries should read— B. R. Iranee
ft m % ® m »\ w Kruse & Co., Importers and Exporters—
Si chwan yu wu hwan li chu
Post Office (Western Szechwan District) 64,P.British Concession, Shameen
Hell (Hamburg)
—Head Office: Chengtu; Teh Ad: G. Hartig (Hongkong)
Postos, Chengtu G. Philipp
CORRECTIONS AND ADDITIONS XLI
Canton, Continued'.— Canton, Continued’.—
On page 970— On page 974—
The following entry should read— The following entry should read—
t * S iBJ is * * Strong & Co., Exporters—37, British
Kwangtung River Conservancy Com- Concession, Shameen
A. F.Schubert,
mission (Before: Board of Conservancy
Works of Kwangtung)—White Cloud Kraemer,manager
signs per pro.
Road (opposite Canton-Kowloon Rail- Sole Agents for
way Station); Teleph. 11437; Tel. Ad: Strong & Co., London
Conservanc; Code used:of Bentley’s
Principal Member Commission—
Koo Ying Fun
Members of Commission — Hu Han KOUANG TCHEOU WAN
Min, Sun Fo,
Te-sheng, LamChan
ChikTsaiMin,Tong,
Fan KeeWu
Mo, Wong
Shu, ChanChungChak,Wai,
Lam Chan
Wan MingKoi, On page 987—
Tang Yin Hwa and Lee Hoi Wan The following entry should read—
Engineer-in-Chief — Major
Olivecrona (R. Swed. CorpsG.of E.),
W. c.E.
D.
Engineering Assistants—Capt. N. R. Administrateur-Tche-Kam Maire—Va yssieres, cheva-
Bjuke
H. Fan(R.andSwed. CorpsSuen
To Wai of E.), c.E., T. lier de la Legion d’Honneur, admini-
strateur de 3eme classe des services
civils de ITndochine
On page 972— Commissaire de police—Galas
The following entry should read— Hopital Indigene—IXrs. Kodjon Tsin et
Pierre Wong
British Episcopal Church Establish- Kong-Koc de la vide—Tsang-Hoc-Tam
ment, Christ Church—Shameen
Trustees — The Bishop of Victoria,
H.B.M. Consul-General, H.B.M.
Vice-Consul HONGKONG
Committee—Rev.
C. Willson, o.b.e.,P.andJenkins, Major
V. P. Waters
Hon. Secy, and Treas.—L. B. Wood ^ On page 1078—
On page 973— The following entry should read—
The following entry should read— Gale UnionCo.Building
(Fed. Inc.,(5th U.S.A.),
floor); L.Teleph.
E.—
22302; Tel. Ad: Gale; Codes: Acme and
m m m m Airco
L. E. Gale, president (Shanghai)
Rafeek & Co., Shipowners, Importers W. G. Brophy, manager,for Far East
and Exporters, Commission Agents and A. W. Summers, manager for Hong-
Manufacturers’
28, Representatives—27
French Concession, Shameen; and Tel. kongI. M.
andDunnet,
South China
Ad: Rafeek; Codes: Acme, A.B.C. 5th Agencies Miss stenographer
edn., Bentley’s and Private United Aircraft & Transport Corpn.
A. E. M. Rafeek, sole proprietor Detroit Aircraft Corporation
S. Rafeek | I. A. Neiman Ryan Aircraft Corporation
Agencies Waco Aircraft Co.
Slazengers, Ld. Scintilla Magnetoes
Kosmos Drug Co., Ld. Stromberg Carburettors
XLII CORRECTIONS AND ADDITIONS
Hongkong, Continued'.— Hongkong, Continued'.—
On page 1079— Naval Establishments at Hongkong
The following entry should read1— Commodore
charge of A.Naval
H. Walker, o.b.e. (In
Establishments
at Hongkong)
^lj ^ Chee lee
Gerin, Drevard & Co., Exporters — (Broad Pendant in “ Tamar ”)
French Bank Building, Queen’s Road Personal Staff
Cent.; Teleph. 20114; Tel. Ad: Gerivard. Secretary—Paymaster Commander
Head Office: Canton W. K. C. Grace
J.M.Baud,
Drevard, partner
do. Staff
Staff Officer (Operations)—Comdr.
C. Arnulphy, manager F. M.Secretary—Paymaster
C. Curtis
Assist. Lieut.
On page 1095— H. R. Petreduties—Lieut.-Comdr.
Fqr special
The following entry should read— ForT. duty
A. Powell
in Commodore’s Office—
Payr. Sub-Lieut. W. R. Vallance
ft
Chun sun se tuk se hap ma se ta chong sze Civil Secretary and Cashier—H. J.
Johnson, S. Scull
Proctors Stokes & Master,
and Notaries Solicitors,
Public—Offices: Assist. Cashier—H. Marlow
Prince’s
Agents Buildings, Ice House
Platt &Street.
Agents inat London:
Shanghai:Stephenson, Co.
Har- Comdr. of the Dockyard—Lieut.
Commander L. M. Bridge, r.n.
wood & Tatham, 16, Old Broad St., E.C. Assistants to the Commander of the
Daniel John Lewis, sol. & notary pub. Dockyard
G.M. G.M. N.Watson,
Tinson, do.
do. Addington,—D.s.c.,
Lieut.-Comdr. L. G.
R.N., and Comd.
D.F.B.H.Evans, solicitor Boatswain P. Mahoney
Kwok, do. Chief Constructor—S.
R.C.N.C., M.I.N.A. R. Tickner,
M. A. Baptista Constructor — W. H. Wallond,
F. M. Xavier I Mrs. K. Taylor R.C.N.C., M.I.N.A.
A.A. Tate
Rauf I Mrs.
Mrs. P.F. M. Harrop
L. Webber Assistant Constructor—S. I. Hill,
R.C.N.C., M.I.N.A.
Chief
H. B.Engineer—Engineer
Sears, d.s.o., r.n. Captain
On page 1113— First Assistant—Commander (E) T.
The following entry should read'— E. Docksey, r.n. H. P. Southby,
Assists.—Comdr.(E)J.
r.n., and Lieut. (E) J.D. Ainger,R.N.
0^, Dockyard
NAVAL Civil Engr.—E. M. Moon, a.m.i.c.e.
Commander-in-Chief Assist. Engr.—C. P. Gibson, b.sc.,.
a.m.i.c.e.
(Flag in “Suffolk”) Assist. Surveyor—E. V. Pollington
Vice-Admiral—Sir
Kelly, k.c.b., c.m.g.,William
m.v.o. A.(Com-
H. Superintending Electrical Engineer
—W. H. Chatten, a.m.i.e.e.
mander-in-Chief, China Station) Electrical
a.m.i.e.e. Engineer—J. Thomson,
Personal Staff
Secretary—Paymaster
Wethey, o.b.e.— Commander
E. H.Lieut.-Comdr.
Flag Lieut.-Com- Naval Store Officer—E. J. Rabbit,
mander L. A. H. Wright Deputy do. o.b.e.
—F. Bishop
CORRECTIONS AND ADDITION XLIII
Hongkong, Continued:— Hongkong, Continued:—
Assist. Naval Store Officers—C. D. On page 1127—
Bartlett, J. C. Lyal, M.c., and F. C.
Wilkins The following entry should read—
Expense Accounts Officer—W. G.Trice
n & m m
Assist. do. —C. C. Teller Sunley & Co., Importers and Exporters
—P.O. Box 232
Chap.—Rev. H. F. St. Foley,B.A.,R.N.
Medical Officer—Surg. Comdr. P. G. MANILA
Hunt, r.n.
On pages 1469 and 1470—
H.M. Victualling Yard
Deputy The following entry should read—
O. S. N.Victualling
Rickards Store Officer—
‘ Assistant Store Officer—W. Brown Philippine National Bank
Board of Directors—R. Corpus (pre-
R.N. Armament Depot sident), E. B. Schwulst (vice-pres.),
C. M. Cotterman, V. Madrigal, J. L.
Naval Armament Supply Officer— de
Lagdameo Leon, J.(members),
C. Rockwell, andSalvador
Santos
W. C. Shields, m.b.e. Martinez (secretary)
Assistant Nav. Armament Supply
Officer-F. H. Fosse . Executive Officersacting general manager
M. Cuaderno,
D. Pekson, assist, to the genl. mgr.
Naval Ordnance Inspection Depot Santiago Mercado, cashier
Assist. Inspector of Naval Ordnance S. A. Warner, chief accountant
—Comdr. (retd.) E. O. Priestly, F. P. Paterno, manager (foreign dept.)
D.S.C., R.N. Leon Ancheta, assist, mgr. do.
Roman
N. M. Balboa, J. Lacson,
assist,attorney
do.
Geo.
D. T. C.Dikit, Porter,
assist,auditor
do.
On page 1118—
The following entry should read— On page 1483—
» # ± JS * ^ The following entry should read—
Remedios, J. M. D’Almada, Solicitor, &c. Hanson, Orth & Stevenson, Inc., Mer-
—YorkTeleph.
floor); Building,
27758;Chater
Tel. Ad:Road (2nd chants Steamship and Insurance Agents
Dalrem
J. M. D’Almada Remedios, solicitor Charles
Michael D.J. Smith, Orth, president
vice-president
Marcus da Silva, articled clerk
A. A. Noronha, do. Edward C. Walters, 2nd do.
H. Telles Jorge, accountant F. L. Laurence, treasurer
C.Ismail
A. Basto, B.F.T? A.B.D Batterton,
D- T T ir., secretary
XT Forrest
-Ell-
Chan,assist, do.
interpreter W. McGavin
Richards J. H.
J. R. Thornton
Cheung Li Cho,
Wong Tso Chan, clerk do. F. M. Chalmers R. J. Hughes
Lau Man Sang, do. S. Craig W. F. Winter
G. G. Walker C. Hofmann
i
XLIV CORRECTIONS AND ADDITIONS
Manila, Continued:— CEBU
Agencies
NorwichUnion
UnionandFire InsuranceInsce.
Society On page 1511—
Scottish
Yorkshire InsuranceNational
Co., Ld. Co.
Marine The following entries should read—
British Insurance Co., Ld. Co., Ld.
Traders’ Insurance Hanson, Orth & Stevenson, Inc.,Agents
Mer-
London Assurance Corporation
New Zealand Insurance Co., Ld. chants, Steamship and Insurance
Osaka Marine and Fire Insce. Co., Ld. F. B. Richards, agent
R. J. Hughes
Peninsular & Oriental Steam Nav. Co. Agencies—(Same as Manila) | C. Hofmann
Ben Line Steamers
Blue Funnel
Ellerman Line (NewS.S.YorkCo.Service)
& Bucknall (Euro-
pean Service)
Osaka Shosen Kaisha
Chicago WMilwaukee
Andrew, eir & Co. & St. Paul R4y. Isaac S. Eceta (Member of National
John Letham & Sons Association of Cost Accountants), Con-
White Horse Distillers, Ld. sulting Accountant and Auditor^—P O
Box 189
ILOILO
DAVAO
On page 1508—
The following entry should read—
Hanson, Orth & Stevenson, Inc., Mer- Hanson, Orth & Stevnson,
chants, Steamship Inc.,Agents
and Insurance Mer-
chants, Steamship and Insurance
J. R. Thornton,asagent Agents B. A. Batterton, jr., agent
Agencies—Same N. W. Ramsay
Manila with the ad- Agencies—(Same
dition of— as Manila with the ex-
States Line
Steamship Co. ception of the Blue Funnel Line—New
Bank York Service)
HONG KONG TIME SIGNALS.
The Time Ballit ison dropped
Saturdays KowloonatSignal
10 a.m.Hillandis1dropped
p.m., anddaily at 10 a.m.andandHolidays
4 p.m., when
exceptitonis
dropped at 10when a.m. only. on Sundays
the The Ball
ball fail tois hoisted
drop athalf-mast at time
theat correct the 55thwillminute
ithour, and fullat mast
beif possible.
lowered at thepast
5 minutes 57ththeminute.
hour andShould
the
ordinary routine repeated the following
Should the Time Ball
“ Z ” on the Storm Signal mast. be out of order, the above routine will be carried out with the flag «
Time Signals are also given at nighth by means n ofhthree
ra white lamps mounted vertically on
the Observatory wireless mast. From 8 55' O’ to 9 0 0* p.m. the
momentarily every second, except at the 28th, 29th and 54th to 59th second of each minute. lamps are extinguished
The hours refer to Hongkong Standard Time (8 hours East of Greenwich).
Royal Observatory, Hongkong. T. F. Director*
CLAXTON,
TREATIES, CODES, &C.
P
li
I
TREATIES WITH CHINA
GREAT BRITAIN
TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA
Signed, in the English and Chinese Languages, at Nanking,
29th August, 1842
Ratifications Exchanged at Hongkong, 26th June, 1843
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland
and His Majesty the Emperor of China, being desirous of putting an end to the
misunderstandings and consequent hostilities which have arisen between the two
countries, have resolved to conclude a treaty for that purpose, and have therefore
named as their Plenipotentiaries, that is to say: Her Majesty the Queen of Great
Britain and Ireland, Sir Henry Pottinger, 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 Uipoo, of the Imperial
Kindred, graciously permitted to wear the insignia of the first rank, and the distinc-
tion of a peacock’s feather, lately Minister and Governor-General, &c., and now
Lieut.-General commanding at Chapoo—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, Amoy, Foochow-foo, Ningpo, and Shanghai; and Her Majesty the
Queen of Great Britain, &c., 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 authorities and the said merchants, and to see that the just
duties and 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, &c., the Island of Hongkong to be possessed in perpetuity
by Her Britannic Majesty, her heirs, and successors, and to be governed by such laws
and regulations as Her Majesty the Queen of Great Britain, &c., 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 ransom 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 having compelled the Britishmerchants trading
at Canton to deal exclusively with certain Chinese merchants, calledHong 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 Majesty further agrees to pay to
the British Government the sum of three millions of dollars, on account of debts "due
1*
NANKING TftEATY, 1842
to British 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 send
out an expedition to demand and obtain redress for the violent and unjust proceeding
of the Chinese high authorities towards Her Britannic Majesty’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 Majesty, to deduct from the said amount of twelve millions of
•dollars, 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 twenty-one millions of dollars,
described in the three preceding Articles, shall be paid as follows:—
Six millions immediately.
Six millions in 1843; that is, three millions on or before the 30th June, and
three millions on or before 31st of 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 before 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 it is further stipulated that interest at the rate of 5 per cent, per annum,
shall be paid by the Government of China on any portion of the above sums that are
not punctually discharged at the periods fixed.
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 promulgate, 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 reasons.
Art. X.—His Majesty 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 Chinese 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
such 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 provinces,
under 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 of perfect equality; merchants and others not holding official situations, and
therefore not included in the above, on both sides for use the term “ representation ”
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 of China. The military post 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—TIENTSIN TREATY, 1858
Art. XIII.—The ratifications of this Treaty by Her Majesty the Queen of Great
Britain, &c., and His Majesty the Emperor of China, shall be exchanged 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 Plenipotentiaries 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 Majesty’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.
Heney Pottingee,
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 end to the existing
misunderstanding between the two countries and to place their relations on a more
satisfactory 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 the 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 Manchu 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 agreed 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 year 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 said Supplementary Treaty and General Regulations of
Trade are hereby abrogated.
Art. II.—For the better preservation of harmony in future, Her Majesty the
■Queen of Great Britain and His Majesty the Emperor of China mutually agree that,
in accordance with the universal practice of great and friendly nations, Her Majesty
fhe Queen may, if she see fit, appoint Ambassadors, Ministers, 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. James.
Art. III.—His Majesty the Emperor of China hereby agrees that the Ambassador,
Minister, or other Diplomatic Agent, so appointed by Her Majesty the Queen of
Ajfreat 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 TREATY, 1858
shall not be called upon to perform 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 His
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’s 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 shall 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 his
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 couriers, 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 the 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. YI.—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. YII.—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 Yice-Consuls in charge shall rank with Intendants of Circuit; Yice-
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 passports, 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 totrade 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
of whom regulations will be drawn up by the Consul and the local authorities.
To Nanking, and other cities, disturbed by persons in arms against the G-ovem-
inent, 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 Tipper and Lower Yalley 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
be 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 they 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. XIY.—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 the goods be granted to
■any parties. If any smuggling takes place in them the offenders will, of course, be
punished according to law.
Art. XY.—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
bo 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
TIENTSIN TREATY, 1858
property, the 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 capture 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. XXI.—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 repair 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, on 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, prepared according to
the standard issue'1 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 eonfusion.
Art. XXXY,—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 and1 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 boat 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 cargo. If, owing to neglect
on the part of the master, the above rule is not complied with within forty-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 exceed two hundred taels.
The master will be responsible for the correctness of the manifest, which shall
contain a full and true 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 bis manifest without incurring this 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 dues 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. XLIII.—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 articles,
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 hundred, 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 particulars of the case to the Superintendent of Customs, that
it may be equitably arranged. But the appeal must be made within 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 valorem.
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 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 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 which 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. XLVI.—The Chinese authorities at each port shall adopt the means they
may judge most proper to prevent the revenue suffering 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 trading 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 text of which has been carefully corrected by the English original.
Art. LI.—It is agreed that henceforward the character “I” (barbarian) shall not
be applied to the Government or subjects of HerBritannicMajesty in any Chinese official
document issued by the Chinese authorities, either in the capital or in the provinces.
Art. LII.—British ships of war coming 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. LY.—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
Art. LYI.—The ratifications of this Treaty, under the hand of Her Majesty the
Queen of Great Britain and Ireland, 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 whereof the respective Plenipotentiaries have signed and sealed 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 Kincabdine.
Signature of 1st Chinese Plenipotentiary. Signature of 2nd Chinese Plenipotentiary.
Separate Article annexed to the Treaty concluded between Great Britain and China on the
twenty-sixth day of June, in the year One Thousand Bight Hundred and Fifty-eight.
It is hereby agreed that a sum of two 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’s Representatives inChinabythe 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-eight, corresponding
with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.
[l.s.] Elgin and Kincaedine.
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.]
Seal of Chinese Plenipotentiaries. Elgin and ofKincardine.
Signatures the Five Chinese Plenipotentiaries.
THE CHEEOO CONVENTION, 1876
Ratifications 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 of 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 arrived
at in the month of September, 1875 (8th moon of the 1st year of the reign Kwang
Su), on 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 are as
follows:—
Section I.—Settlement of the Yunnan Case
1. —A Memorial is to be presented to the Throne, whet
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
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 effect 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 will depute 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 ne
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
Government 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 be free for five years, fr
next, being the 17th day of the 11th moon 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
14 THE CHEFOO CONVENTION, 1876
the conditions of trade ; to the end that they may have information upon which to
base the regulations of trade when these have to he 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
of the trade may be proposed by the British Government as it may find best at any-
time within the term 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 time he may see fit.
5. —The amount of indemnity to be paid on account of the fami
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
for what has occurred in Yunnan. The 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 of 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 the ports; also the conduct of judicial proceedings in mixed cases.
1. —In the Tsung-li Yamen’s Memorial of the 28th September
of Kung and the Ministers stated 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 caused 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 same regard as is shown them when serving
abroad in other 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 XVI., lays down that
who may be guilty of any criminal act towards British subjects shall be arrested and
punished 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 the laws of Great Britain.
“Justice shall be equitably and impartially administered on both sides.”
The words “functionary authorised thereto” are translated in the Chinese text
“British Government.”
In order to 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
THE CHEFOO CONVENTION, 1876 15
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 Yamen will write a circular to the Lega-
tion, inviting Foreign Representatives at once to consider with the Tsung-li Yamen
the measures needed for the more effective administration of justice at the ports
open to trade.
3.—It is agreed that, whenever a crime is committed affecting the person or
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..
To the prevention of misunderstanding on this point, Sir Thomas Wade will
write a Note to the above effect, to which the Tsung-li Yamen will reply, affirming
that this is the course of proceeding to be adhered to for the time to come.
It is further understood that so long as the laws of the two countries differ from
each other, there can be but one principle to guide judicial proceedings in mixed cases
in China, namely, that the case is tried by the official of the defendant’s nationality;
the official of the plaintiff’s nationality merely attending to watch the proceedings in
the interest of justice. If the officer so attending be dissatisfied with the proceedings,
it will be in his power to protest against them in detail. The law administered will
be the law of the nationality of the officer trying the case. This is the meaning of
the words hui t’ung, indicating combined action in judicial proceedings, 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 Treaties in force,
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 will 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-Kou, 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-duty certificate may be shipped at such points
by the steamers, but may not be landed by 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.
Foreign merchants will not be authorised to reside or open houses of business or
warehouses at the places enumerated as ports of call.
16 THE CHEFOO CONVENTION, 1876
2. —At all ports open to trade, whether by earlier or later agreem
settlement area 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.
3. —On Opium, Sir Thomas Wade will move his Grovernment
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, and deposited in bond, either in a warehouse or a receiving hulk, until such
time as there is a sale for it. The importer will then pay the tariff duty upon it,
and the purchasers the ZeZcm, 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.
4. —The Chinese Government agree that Transit Duty Cert
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 duty 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 Buies 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 to places 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 to
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 Biver 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
to the stipulations affecting exemption of imports from lekin taxation within the for-
eign settlements and the collection of lekin upon opium by the Customs Inspectorate
at the same time as the Tariff Duty upon it, will be fixed as soon as the British
Government has arrived at an understanding on the subject with other foreign
Governments.
7. —The Governor of Hongkong having long complained of th
the Canton Customs Bevenue 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 officer 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.
[Two separate articles—now obsolete—were attached to this treaty, one re-
lating to a contemplated Mission of Exploration through China to Tibet and India,
in 1877, and the other relating to the regulation of the traffic in opium.]
THE CHUNGKING AGREEMENT, 1890
ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT
BRITAIN AND CHINA OF SEPTEMBER 13th, 1876
Ratifications Exchanged at Peking, \%th January, 1891
The Governments of Great Britain and China, being desirous of settling in an
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 th
any other Treaty port. British subjects shall be 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 Chungking
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 regulations as to the papers and flags to be ca
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 jn the traffic between
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.
IY.—Chartered junks shall pay port dues at Ichang and Chungking in accord-
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 be 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
Additional 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.
Y.—When once Chinese steamers carrying cargo run to Chungking, British
steamers shall in like manner have access to the said port.
18 THE THIBET-SIKKIM CONVENTION, 1890
VI.—It is agreed that the present Additional Article shall he 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.
Done at Peking in triplicate (three iu 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, ITth 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.-T-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. IV.—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 BURMAH 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 Kiang Hung, in derogation of the provision
THE BURMAH CONVENTION 19
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
js additions and alterations shall be made in the last-named Convention, hereinafter
j referred to as the Original Convention.
(Articles I. to XI. refer to the Burmah Frontier and trade across it between Burmak
'• 5 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
I privileges and immunities as 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
j 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. XIV. (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 Tsung-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
1 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
a 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
j 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.
20 KOWLOON EXTENSION AGREEMENT, 1898
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.) Clauoe M. Macdonald. (Seal)
(Hieroglyphic) Li Hung-chang. (Seal)
KOWLOON EXTENSION AGREEMENT, 1898
Whereas it has for many years past been recognised that an extension of Hong-
kong territory is necessary for the proper defence and protection of the Colony,
It has now been agreed between the Governments of Great Britain and China
that the limits of British territory shall be enlarged under lease to the extent
indicated generally on the annexed map.
The exact boundaries shall be hereafter fixed when proper surveys have been
made by officials appointed by the two Governments. The term of this lease shall
be ninety-nine years.
It is at the same time agreed that within the City of Kowloon the Chinese'
officials now stationed there shall continue to exercise jurisdiction, except so far as-
may be inconsistent with the military requirements for the defence of Hongkong.
Within the remainder of the newly-leased territory Great Britain shall have sole
jurisdiction. Chinese officials and people shall be allowed, as heretofore, to use the-
road from Kowloon to Hsinan.
It is further agreed that the existing landing-place near Kowloon city shall be
reserved for the convenience of Chinese men-of-war, merchant and passengers vessels,
which may come and go and lie there at their pleasure; and for the convenience of
movements of the officials and people within the city.
When, hereafter, China constructs a railway to the boundary of the Kowloon
territory under British control, arrangements shall be discussed.
It is further understood that there will be no expropriation or expulsion of the
inhabitants of the district included within the extension, and that if land is required
for public offices, fortifications, or the like official purposes, it shall be bought at
a fair price.
If cases of extradition of criminals occur they shall be dealt with in accordance-
with the existing treaties between Great Britain and China and the Hongkong
Regulations.
The area leased by Great Britain includes the waters of Mirs Bay and Deep-
Bay, but it is agreed that Chinese vessels of war, whether neutral or otherwise,
shall retain the right to use those waters.
This Convention shall come into force on the first day of July, eighteen hundred
and ninety-eight, being the thirteenth day of the fifth moon of the twenty-fourth year
of Kwang Hsu. 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’uei, ) Yamen.
THE WEIHAIWEI CONVENTION, 1898
Ratifications exchanged in London, 5th October, 1898
In order to provide Great Britain with a suitable naval harbour 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 Bussia.
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 agreed that 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 territory 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.
Pkince Chino, Senior Member of the Tsung-li Yamen.
Liao Shod 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.
Provisional arrangements for the rendition of Weihaiwei to China, in accord-
ance with the agreement reached at the Washington Conference, were drawn up in.
1923, and the transfer to Chinese control took place in October, 1930.
SUPPLEMENTARY COMMERCIAL TREATY WITH CHINA
Signed at Shanghai, 5th September, 1902
Ratifications exchanged at Peking, 28th 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 lesolved to enter into negotiations with a view to carrying out
the provisions contained in Article XI. of the Final Protocol signed at Peking on the
7th of September, 1901, under which the Chinese Government agreed to negotiate the
amendments deemed useful by the Foreign Governments to the Treaties of Commerce
and Navigation and other subjects concerning commercial relations with the object of
facilitating them, have for that purpose named as their Plenipotentiaries, that is to
say:—
His Majesty the King of Great Britain and Ireland, His Majesty’s Special Com-
missioner, Sir James Lyle Mackay, Knight Commander of the Most Eminent Order of
the Indian Empire, a member of the Council of the Secretary of State for India, etc.
And His Majesty the Emperor of China, the Imperial Commissioners Lii Hai-huan,
President of the Board of Public Works, etc., and Sheng Hsuan-huai, Junior Guardian
of the Heir Apparent, Senior Vice-President of the Board of Public Works, etc.
Who having communicated to each other their respective full powers, and
•found them to be in good and due form, have agreed upon and concluded the
following Articles:—
Art. I.—Delay having occurred in the past in the issue of Drawback Certificates
owing to the fact that those documents have to be dealt with by the Superintendent
of Customs at a distance from the Customs Office, it is now agreed that Drawback
•Certificates shall hereafter in all cases be issued by the Imperial Maritime Customs
within three weeks of the presentation to the Customs of the papers entitling the
applicant to receive such Drawback Certificates.
These Certificates shall be valid tender to the Customs Authorities in payment
of any duty upon goods imported or exported (transit dues excepted), or shall, in the
case of Drawbacks on foreign goods re-exported abroad within three years from the
date of importation, be payable in cash without deduction by the Customs Bank at
the place where the import duty was paid.
But if, in connection with any application for a Drawback Certificate, the
Customs Authorities discover an attempt to defraud the revenue, the applicant shall
•be liable to a fine not exceeding five times the amount of the duty whereof he
attempted to defraud the Customs, or to a confiscation of the goods.
Art. II.—China agrees to take the necessary steps to provide for a uniform
national coinage which shall be legal tender in payment of all duties, taxes and other
obligations throughout the Empire by British as well as Chinese subjects.
Art. III.—China agrees that the duties and lekin combined levied on goods carried
by junks from Hongkong to the Treaty Ports in the Canton Province and vice versa
shall together not be less than the duties charged by the Imperial Maritime Customs
on similar goods carried by steamer.
Art. IV.—Whereas questions have arisen in the past concerning the right of
Chinese subjects to invest money in non-Chinese enterprises and companies, and
whereas it is a matter of common knowledge that large sums of Chinese capital are
so invested, China hereby agrees to recognise the legality of all such investments past
present and future.
THE BRITISH COMMERCIAL TREATY WITH CHINA
It being, moreoyer, 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 Memorandum
and Articles of Association of such Company and regulations framed thereunder as
interpreted by British Courts, and that Chinese Courts shall enforce compliance there-
with by such Chinese shareholders, if a suit to 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. Y.—The Chinese Government undertake to remove within the next two
years the artificial obstructions to navigation in the Canton Elver. The Chinese
Government also agree to improve the accommodation for shipping in the harbour of
Canton and to take the necessary steps to maintain that improvement, such work to
be carried out by the Imperial Maritime Customs and the cost thereof to be defrayed
by a tax on goods landed and shipped by British and Chinese alike according to a
scale to be arranged between the merchants and the Customs Authorities.
The Chinese Government are aware of the desirability of improving the naviga-
bility by steamer of the waterway between Ichang and Chungking, but are also fully
aware that such improvement might involve heavy expense and would affect the
interests of the population of the provinces of Szechuen, Hunan, and Hupeh. It is,
therefore, mutually agreed that until improvements can be carried out steamship
owners shall be allowed, subject to approval by the Imperial Maritime Customs, to
erect, at their own expense, appliances for hauling through the rapids. Such
appliances shall be at the disposal of all vessels, both steamers and junks, subject tu
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. YI.—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. Vll.—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
24 THE BK1TISH COMMERCIAL TREATY WITH CHINA
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 rates for the time being in force, to be imposed on foreign goods imported by
British subjects, and a surtax in addition to the export duty on Chinese produce
destined for export abroad or coastwise.
It is clearly understood that after lekin barriers and other stations for taxing
goods in transit have been removed, no attempt shall be made to revive them in any
form or under any pretext whatsoever; that in no case shali the surtax on foreign
imports exceed the equivalent of one and a half times the import duty leviable in
terms of the Final Protocol signed by China and the Powers on the 7th day of Sep-
tember, 1901; that payment of the import duty and surtax shall secure for foreign
imports, whether in the hands of Chinese or non-Chinese subjects, in original packages
or otherwise, complete immunity from all other taxation, examination or delay ; that
the total amount of taxation leviable on native produce for export abroad shall, under
no circumstances, exceed 7| per cent, ad valorem.
Keeping these fundamental principles steadily in view, the high contracting
parties have agreed upon the following methods of procedure :—
Section 1.—The Chinese Government undertake that all barriers of whatsoever
kind, collecting lekin or such like dues or duties, shall be permanently abolished on all
roads, railways, and waterways in the Eighteen Provinces of China and the Three
Eastern Provinces. This provision does not apply to the Native Custom-houses at
present in existence on the seaboard or waterways, at open ports, on land routes, and
on land frontiers of China.
Section 2.—The British Government agree that foreign goods on importation, in
addition to the effective 5 per cent. Import duty as provided for in the Protocol of 1901,
shall pay a special surtax equivalent to one and a half times the said duty to com-
pensate for the abolition of lekin, of transit dues in lieu of lekin, and of all other
taxation on foreign goods, and in consideration of the other reforms provided for in
this Article; but this provision shall not impair the right of China to tax salt, native
opium and native produce as provided for in Sections 3, 5, 6 and 8.
The same amount of surtax shall be levied on goods imported into the Eighteen
Provinces of China and the Three Eastern Provinces across the land frontiers as on
goods entering China by sea.
Section 3.—All Native Custom-houses now existing, whether at the Open Ports,
on the seaboard, on rivers, inland waterways, land routes or land frontiers, as
•enumerated in the Hu Pu and Kung Pu Tse Li (Regulations of the Boards of Revenue
and Works) and Ta Ch’ing Hid 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, iXative 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.
Nativeatproduce,
on arrival the first when
Nativetransported from after
Custom-house, one place to another
leaving the placein oftheproduction,
interior, shall,
pay
duty equivalent to the export surtax mentioned in Section 7.
When this duty has been paid, a certificate shall be given which shall describe the
;nature of the goods, weight, number of packages, etc., amount of duty paid and
Intended destination. This certificate, which shall be valid for a fixed period of not
THE BRITISH COMMERCIAL TREATY WITH CHINA 25
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 Ze&m—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 and police may be employed in connection with these
offices ; but no barriers or other obstructions are to be erected, and the excise officers
or police of these offices shall not stop or molest any other kinds of goods, or collect
taxes thereon.
A list of these offices shall be drawn up and communicated to the British Govern-
ment for record.
Section 6.—Lekin on salt is hereby abolished and the amount of said lekin and of
other taxes and contributions shall be added to the salt duty, which shall be collected
at place of production or at first station after entering the province where it is to be
consumed.
The Chinese Government shall be at liberty to establish salt reporting offices at
which boats conveying salt which is being moved under salt passes or certificates may
be required to stop for purposes of examination and to have their certificates vised,
but at such offices no lekin or transit taxation shall be levied and no barriers or
obstructions of any kind shall be erected.
Section 7.—The Chinese Government may re-cast the Export Tariff with specific
duties as far as practicable on a scale not exceeding five per cent, ad valorem; but
existing export duties shall not be raised until at least six months’ notice has been
given.
In cases where existing export duties are above five per cent, they shall be
reduced to not more than that rate.
An additional special surtax of one half the export duty payable for the time
being, in lieu of internal taxation and lekin, may be levied at time of export on goods
exported either to foreign countries or coastwise.
In the case of silk, whether hand or filature reeled, the total export duty shall not
exceed a specific rate equivalent to not more than five per cent, ad valorem. Half of
this specific duty may be levied at the first Native Custom-house in the interior which
the silk may pass and in such case a certificate shall be given as provided for in Section
3, and will be accepted by the Custom-house concerned at place of export in lieu of
half the export duty. Cocoons passing Native Custom-houses shall be liable to no
taxation whatever. Silk not exported but consumed in China is liable to the Con-
sumption Tax mentioned in Section 8.
Section 8.—The abolition of the lekin system in China and the abandonment of all
other kinds of internal taxation on foreign imports and on exports will diminish the
revenue materially. The surtax on foreign imports and exports and on coastwise
exports is intended to compensate in a measure for this loss of revenue, but there
.26 THE BEITISH COMMERCIAL TREATY WITH CHINA
remains 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 of foreign origin shall of itself free
■them from all. taxation, delay, or stoppage, after having passed the.Custom-house.
Foreign goods which bear a similarity to native goods shall be furnished by the
Custom-house, if required by the owner, with a protective certificate for each package,
on payment of import duty and surtax, to prevent the risk of any dispute in the
interior.
Native goods brought by junks to open ports, if intended for local consumption—
irrespective of the nationality of the owner of the goods—shall be reported at the
Native Custom-house only, where the consumption tax may be levied.
China is at liberty to fix the amount of this (consumption) tax, which may vary
According to the nature of the merchandise concerned, that is to say, according as the
articles are necessaries of life or luxuries; but it shall be levied at a uniform rate on
goods of the same description, no matter whether carried by junk, sailing-vessel, or
-steamer. As mentioned in Section 8, the Consumption Tax is not to be levied within
foreign settlements or concessions.
Section 9.—An excise equivalent to double the import duty as laid down in the
Protocol of 1901 is to be charged on all machine-made yarn and cloth manufactured in
China, whether by foreigners at the open ports or by Chinese anywhere in China.
on rawA rebate
cotton ofimported
the import
fromduty andcountries,
foreign two-thirdsand
of oftheallimport
duties,surtax is toConsump-
including be given
tion Tax, paid on Chinese raw cotton used in mills in China.
Chinese machine-made yarn or cloth having paid excise is to be free of Export
Duty, Export Surtax, Coast Trade Duty, and Consumption Tax. This Excise is to be
-collected through the Imperial Maritime Customs.
The same principle and procedure are to be applied to all other products of foreign
type turned out by machinery, whether by foreigners at the open ports or by
Chinese anywhere in China.
This stipulation is not to apply to the out-turn of the Hanyang and Ta Teh Iron
Works in Hupeh and other similar existing Government Works at present exempt from
taxation; or to that of Arsenals, Government Dockyards, or establishments of that
nature for Government purposes which may hereafter be erected.
Section 10.—A member or members of the Imperial Maritime Customs Foreign
Staff shall be selected by each of the Governors-General and Governors, and appointed,
in consultation with the Inspector-General of Imperial Maritime 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 immediate steps to put an end to
same.
Section 11.—Cases where illegal action as described in this Article is complained of
shall be promptly investigated by an officer of the Chinese Government of sufficiently
high rank, in conjunction with a British officer and an officer of the Imperial Maritime
Customs, each of sufficient standing; and in the event of its being found 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 the nearest open port. The High Provincial Officials
are to be held responsible that the officer guilty of the illegal action shall be severely
punished and removed from his post.
If the complaint turns out to be without foundation, complainant shall be held
responsible for the expenses of the investigation.
THE BRITISH COMMERCIAL TREATY WITH CHINA 27
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 of these ports, with the exception of Kongmoon, which is provided for in
Article 10, shall lapse.
Section 13.—Subject to the provisions of Section 14, the arrangements provided
for in this Article are to come into force on 1st January, 1904.
By that date all lehin barriers shall be removed and officials employed in the
collection of taxes and dues prohibited by this Article shall be removed from their
posts.
Section 14.—The condition on which the Chinese Government enter into the
present engagement is that all Powers entitled to most favoured nation treatment in
China enter into the same engagements as Great Britain with regard to the payment
of surtaxes and other obligations imposed by this 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.) Andthattheir 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 oflekin and other forms of internal taxation on
goods as provided for in this Article has been decided upon and sanctioned, an Imperial
Edict shall be published in due form on yellow paper and circulated, setting forth the
abolition of all lekin taxation, lekin barriers and all descriptions of internal taxation on
goods, except as provided for in this Article.
The Edict shall state that the Provincial High Officials are responsible that any
official disregarding the letter or spirit of its injunction shall be severely punished and
removed from his post.
Art. IX.—The Chinese Government, recognising that it is advantageous for the
country to develop its mineral resources, and that it is desirable to attract Foreign as
well as Chinese capital to embark in mining enterprises, agree within one year from the
signing of this Treaty to initiate and conclude the revision of the existing 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 countries, regulations which seem applicable to the condition of China, she will
re-cast her present Mining Rules in such a way as while promoting the interests of
THE BRITISH COMMERCIAL TREATY WITH CHINA
Chinese subjects and not injuring in any way the sovereign rights of China, shall offer
;no impediment to the attraction of foreign capital, or place foreign capitalists at a
.greater disadvantage than they would be under generally accepted foreign regulations.
Any mining concession granted after the publication of these new Rules shall be
-subject to their provisions.
Art. X. —Whereas in the year 1898 the Inland Waters of China were opened to all
•such steam vessels, native or foreign, as might be especially registered for that trade
at the Treaty Ports, and whereas the Regulations dated 28th July, 1898, and Supple-
mentary Rules dated September, 1898, have been found in some respects inconvenient
in working, it is now mutually agreed to amend them and to annex such new Rules
to this Treaty. These Rules shall remain in force until altered by mutual consent.
It is further agreed that Kongmoon shall be opened as a Treaty Port, and that, in
addition to the places named in the special Article of the Burmah Convention of 4th
February, 1897, British steamers shall be allowed to land or ship cargo and passengers,
under the same regulations as apply to the “ Ports of Call ” on the Yangtze River, at
the following “Ports of Call”: PakTau Hau (Pai-t‘u k-ou),Lo Ting Hau(Lo-ting k*ou),
and Do Sing (Tou-ch‘eng); and to land or discharge passengers at the following ten
passenger landing stages on the West River:—Yung Ki (Jung-chi), Mah Ning (Ma-
ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Lik
(Houli), Luk Pu (Lu-pu), Yuet Sing (Yiieh-ch'eng), Luk To (Lu-tu) andFungChuen
!(Feng-ch‘uan).
Art. XJ.—His Britannic Majesty’s Government agree to the prohibition of the
general importation of morphia into China, on condition, however, that the Chinese
■Government will allow of its importation, on payment of the Tariff import duty and
under special permit, by duly qualified British medical practitioners and for the
use of hospitals, or by British chemists and druggists who shall only be permitted
to sell it in small quantities and on receipt of a requisition signed by a duly qualified
foreign medical practitioner.
The special permits above referred to will be granted to an intending importer
on his signing a bond before a British Consul guaranteeing the fulfilment of these
•conditions. Should an importer be found guilty before a British Consul of a breach
of his bond, he will not be entitled to take out another permit. Any British subject
importing morphia without a permit shall be liable to have such morphia con-
fiscated.
This Article will come into operation on all other Treaty Powers agreeing to its
•conditions, but any morphia actually shipped before that date will not be affected by
this prohibition. *
The Chinese Government on their side undertake to adopt measures at once to
prevent the manufacture of morphia in China.
Art. XII.—China having expressed a strong desire to reform her judicial system
and to bring it into accord with that of Western nations, Great Britain agrees to
give every assistance to such reform, and she will also be prepared to relinquish her
extra-territorial rights when she is satisfied that the state of the Chinese laws, the
arrangement for their administration and other considerations warrant her in so
doing.
Art. XIII.—The missionary question in China being, in the opinion of the
Chinese Government, one requiring careful consideration, so that, if possible, troubles
such as have occurred in the past may be averted in the future, Great Britain agrees
to join in a Commission to investigate this question, and, if possible, to devise means
for securing permanent peace between converts and non-converts, should such a
Commission be formed by China and the Treaty Powers interested.
Art. XIV.—Whereas under Rule V. appended to the Treaty of Tientsin of 1858.
British merchants are permitted to export rice and all other grain from one port of
China to another under the same conditions in respect of security as copper “ cash,”
it is now agreed that in cases of expected scarcity or famine from whatsoever cause in
any district, the Chinese Government shall, on giving twenty-one days’ notice, be at
liberty to prohibit the shipment of rice and other grain from such district.
THE BRITISH COMMERCIAL TREATY WITH CHINA 29
Should any vessel specially chartered to load rice or grain previously contracted
for have arrived at her loading port prior to or on the day -when a notice of prohibition
•to export comes into force, she shall be allowed an extra week in which to ship her
cargo.
If during the existence of this prohibition, any shipment of rice or grain is allowed
by the authorities, the prohibition shall, ipso facto, be considered cancelled and shall
not be re-imposed until six weeks’ notice has been given.
When a prohibition is notified, it will be stated whether the Government have any
Tribute or Army Eice which they intend to ship during the time of prohibition, and,
if so, the quantity shall be named.
Such rice shall not be included in the prohibition, and the Customs shall keep a
record of any Tribute or Army Eice so shipped or landed.
The Chinese Government undertake that no rice, other than Tribute or Army
Eice belonging to the Government, shall be shipped during the period of prohibition.
Notifications of prohibitions, and of the quantities of Army or Tribute Eice for
■shipment shall be made by the Governors of the Province concerned.
Similarly, notifications of the removals of prohibitions shall be made by the same
authorities.
The export of rice and other grain to foreign countries remains prohibited.
Art. XV.—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
he exchanged at Peking within a year from this day of signature.
In token whereof the respective Plenipotentiaries have signed and sealed this
Treaty, two copies in English and two in Chinese.
Done at Shanghai this fifth day of September in the year of Our Lord, 1902,
corresponding with the Chinese date, the fourth day of the eighth moon of the twenty-
eighth year of Kwang Hsu.
[n.s.] Jas. L. Mackay.
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; rr >
Imperial Chinese Commissioners for dealing with questions connected with tbe
Commercial Treaties, to
Sir James Mackay, His Britannic Majesty’s Special Commissioner for the dis-
cussion of Treaty matters.
30 THE BEITISH COMMERCIAL TREATY WITH CHINA
Shanghai: K. H. XXVIIL, 7th moon, 11th day
(Received August 15, 1902;
We have the honour to inform you that we have received the following telegram
from His Excellency Liu, Governor General of the Liang Chiang, on the subject of
Clause II. mutually 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.
Annex A—(2)
Gentlemen, Shanghai, August 18th, 1902.
I have the honour to acknowledge the receipt of your despatch of the 14th instant
forwarding copy of a telegram from His Excellency Liu, Governor-General of the-
Liang Chiang, on the subject of Article II. of the new Treaty, and in reply I have 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. Mackat.
Lu Hai-huan and Sheng Hsuan-huai,
etc., etc., etc.
Annex B—(1)
(Tkanslation)
Lu, President of the Board of Works ;
Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of
Works ;
Imperial Chinese Commissioners for dealing with questions connected with the-
Commercial Treaties, to
Sir James L. Mackat, His Britannic Majesty’s Special Commissioner.
Shanghai, September 2nd, 1902.
We have the honour to inform you that on the 22nd of August, we, in conjunction,
with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, Their
Excellencies Liu and Chang, addressed the following telegraphic Memorial to the-
Throne:—
“ Of the revenue of the different Provinces derived from lehin of all kinds, a
““ Government,
portion is appropriated for theisservice
and the balance reservedof for
the the
foreign
localloans, a portionof for
expenditure thethe Peking
Provinces-
“ concerned.
THE BRITISH COMMERCIAL TREATY WITH CHINA 31
“ In the negotiations now being conducted with Great Britain for the amendment
■“ of the Commercial Treaties, a mutual arrangement has been come to providing for
■“ the imposition of additional taxes, in compensation for the abolition of all kinds of
■“ 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 derived from
“ lekin and other imposts on goods, it is further stipulated that the surtaxes shall not
“ be appropriated for other purposes, shall not form part of the Imperial Maritime
■“Customs revenue proper, and shall in no case be pledged as security for any new
“ foreign loan.
“It is therefore necessary to memorialize for the issue of an Edict, giving effect
“ to the above stipulations and directing the Board of Revenue to find out what
•“proportion of the provincial revenues derived from lekin of all kinds, 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,
Tour obedient Servant,
(Signed) Jas. L. Mackat.
Their Excellencies,
l u Hai-huan and Sheng Hsuan-huai,
etc., etc., etc.
32 THE BRITISH COMMERCIAL TREATY WITH CHINA
Annex B—(3)
(Translation)
Lit, President of the Board of Works;
Sheng, Junior Q-uardian of the Heir Apparent, Vice-President of the Board of
Works;
Imperial Chinese Commissioners for dealing with questions connected with the
Commercial Treaties, to
Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.
Shanghai, September 5th, 1902.
We have the honour to acknowledge the receipt of your communication of to-day’s
date with regard to the allocation of the surtax funds allotted to the Provinces, and to
inform you that the views therein expressed are the same as our own.
We would, however, wish to point out that, were the whole amount of the alloca-
tion duepaid over to the Provinces, unnecessary expense would be incurred in the
retransmission by them of such portions thereof as would have to be remitted to
Peking in place of the contributions hitherto payable out of lehin revenue. The
amount, therefore, of the allocation due to the Provinces, arranged between them and
the Board of Revenue, will be retained in the hands of the Maritime Customs, who
will await the instructions of the Provinces in regard to the remittance of such
portion thereof as may be necessary to fulfil their obligations, and (on receipt of
these instructions) will send forward the amount direct. The balance will be held
to the order of the Provinces.
In so far as lekin is pledged to the service of the 1898 loan, a similar method of
procedure will be adopted.
As you request that this correspondence be annexed to the Treaty, we have the
honour to state that we see no objection to this being done.
Annex C
INLAND WATERS STEAM NAVIGATION
Additional Rules
1. —British steamship owners are at liberty to lease warehou
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
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 t
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
for loss caused to riparian proprietors by damage which they may do to the banks
THE BRITISH COMMERCIAL TREATY WITH CHINA
or works on them and for the loss which may be caused by such damage. In the
event of China desiring to prohibit the use of some particular shallow waterway by
launches, because there is reason to fear that the use of it by them would be likely
to injure the banks and cause damage to the adjoining country, the British
authorities, when appealed 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 to s
waterways of China opened to steam navigation being to afford facilities for the rapid
transport of both foreign and native merchandise, they undertake to offer no impedi-
ment to the transfer to a Chinese company and the Chinese flag of any British
steamer which may now or hereafter be employed on the inland waters of China
should the owner be willing to make the transfer.
In event of a Chinese company registered under Chinese law being formed to run
steamers on the inland waters of China the fact of British subjects holding shares in
such a company shall not entitle the steamers to fly the British flag.
6. —Registered steamers and their tows are forbidden, just as junk
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 distu
as possible by the advent of steam vessels to which they are not accustomed, inland
waters not hitherto frequented by steamers shall be opened as gradually as may be
convenient to merchants and only as the owners of steamers may see prospects of
remunerative trade.
In cases where it is intended to run steam vessels on waterways on which such
vessels have not hitherto run, intimation shall be made to the Commissioner of
Customs at the nearest open port who shall report the matter to the Ministers of
Commerce. The latter, in conjunction with the Governor-General or Governor of
the Province, after careful consideration of all the circumstances of the case, shall at
once give their approval.
8. —A registered steamer may ply within the waters of a port, or
port or ports to another open port or ports, or from one open port or ports of
places inland, and thence back to such port or ports. She may, on making due
report to the Customs, land or ship passengers or cargo at any recognised places of
trade passed in the course of the voyage; but may not ply between inland places
exclusively except with the consent of the Chinese Government.
9. —Any cargo and passenger boats may be towed by steamers.
and crew of any boat towed shall be Chinese. All boats, irrespective of ownership,
must be registered before they can proceed inland.
10. —These Rules are supplementary to the Inland Steam Navig
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. Mackat.
0
EMIGRATION CONVENTION
Between the United Kingdom and China respecting the Employment op
Chinese Labour in British Colonies and Protectorates
{Signed in London, 13th May, 1904)
Whereas a Convention between Her Majesty Queen Victoria and His Majesty
the Emperor of China was signed at Peking on the 24th October, I860, by Article V.
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,
to enter into engagements with British subjects, and to ship themselves and their
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-Pitzmaurice, 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 ;
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
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 the 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 are to be engaged; the Chinese
Government shall thereupon, without requiring further formalities, immediately
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 Colony or Protectorate, except when emigration
under indenture to that Colony or Protectorate from the specified Treaty port has
not taken place during the preceding three years.
EMIGRATION CONVENTION ‘ 35
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 fhe 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 Depot, 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 Register in English and in Chinese, in which the names
of intending indentured 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
2*
EMIGRATION CONVENTION
provide that the emigrant shall, if considered necessary by the medical authorities,
be vaccinated on his arrival at the Depot, and in the event of such vaccination being
unsuccessful, re-vaccinated on board ship.
Art. VIII.—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 Officer
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 Inden-
ture shall not be considered as definitive or irrevocable until after the embarkation
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
insure that the emigrant shall have free access to the Courts of Justice to obtain the
redress for inj uries to his person and property which is secured to all persons, irrespec-
tive of race, by the local law.
Art. X.—During the sojourn of the emigrant in the Colony or Protectorate in
which he is employed, all possible postal facilities shall be afforded to him for 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
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 do the
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
of labour without the emigrant’s free consent and the approval of his Consul or
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
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.
EMIGRATION CONVENTION 37
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 “ The Indian 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 If lb., or flour or bread stuffs .. If lb
Fish (dried or salt) or meat (fresh or preserved) .. Of „
Fresh vegetables of suitable kinds Is1 oz.»
Salt
Chinese tea H„
Chinese condiments in sufficient quantities. »
W ater, for drinking and cooking 1 gallon
or such other articles of food as may be substituted for any of the articles enumerat-
ed in the foregoing scale as being in the opinion of the doctor on board equivalent
thereto.
Notes Exchanged Between the Marquess op Lansdowne and the Chinese
Minister on Signing Convention op 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 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
38 EMIGRATION CONVENTION—AGREEMENTS RESPECTING TIBET
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 18th, 1904
My Lord Marquess,—In reply to your Lordship’s note of this date, I have the
honour 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. Cha.no*.
The Marquess of Lansdowne, K.G.,
etc., etc., etc.
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 di
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
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.
III. —His Majesty’s Government further agree t
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.
IY.—During the period of this Agreement it shall be permissible for His
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.
Y.—By the arrangement of 1907 His Majesty’s Government agreed to the
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.
40 OPIUM AGREEMENT
VI. —The Chinese Government undertake to levy a u
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.
VII. —On confirmation of this Agreement and begin
the new rate of consolidated import duty, China will at once cause to be 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 the s
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 Indian
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 desirabl
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 of sign
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) this
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. [x.s.] Tsou Chia-lai.
OPIUM AGREEMENT 41
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 days 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.
Done at Peking this 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.
FRANCE
TREATY OE PEACE, FRIENDSHIP, COMMERCE, AND
NAVIGATION BETWEEN FRANCE AND CHINA
Signed, in the French and Chinese Languages, at Tientsin, 27th June, 1858
Ratifications Exchanged at Peking, 25th 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 G-ros, 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.; andHwashana, Imperial High Commissioner
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
agents of His Majesty the Emperor of the French and of His Majesty 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
China shall be defrayed by the French Government. The diplomatic agents whom
TREATY BETWEEN FRANCE AND CHINA 43
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 enjoy.
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. IY.—Henceforth the official correspondence between the authorities and the
officers of the two countries shall be regulated according 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. Y.—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 YI.
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 re ourse 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 YI.—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
44 TEEATY BETWEEN FEANCE 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.
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 cemeteries, 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, watermen, and servants. They
shall also have the right of engaging teachers in order to learn to speak and write
TREATY BETWEEN FRANCE AND CHINA 45
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 Erench
books or themselves purchase Chinese boobs 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 i f
men to virtue, the members of all Christian communities shall enjoy entiie 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.r
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 estahlihed
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 ihe 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 pro-
portionate 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 in 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,
but the said penalty shall in no case exceed the sum of 200 Dollars.
46 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 received
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 Government.
Ait. 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 will 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 party 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 of 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
the goods. When all tonnage dues and Customs duties shall have been paid in full
by a French vessel the Superintendent 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 47
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 be 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 Fiench goods, after having discharged the Customs duties
according to the tariff in one of the ports of China, may be transported into the interior
without being 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 of Customs, who will deliver for this port 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 alwajs
delegate an employ^ 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 (or the original Article in 1865.
48 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 of all liquidations of
duties and of all payments to be made to the Chinese Government. They 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 subject 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.
W ith 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 sees 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. XXIX.—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 provisons of
Article XXXIII. in respect of the communications with the land and 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
TEEATY BETWEEN EEANCE AND CHINA 49
/for tlie salvage of the ship and the preservation of the cargo. The whole shall then
l 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 delris 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 in 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 house 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
mo 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.
50 TREATY 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 bis 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 course 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. XLT.—His Majesty the Emperor of the French, wishing to give to His
Majesty tbe 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.] Baron Gros.
„ [l.s.] Kwei-liang.
,, [l.s.] Hwashana.
CONVENTION BETWEEN ERANCE AND CHINA
Signed at Peking, 25th October, 1860
His Majesty the Emperor of the French and His Majesty the Emperor of China
t>eing 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
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,
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
■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
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 Minsters 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
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.
Art. 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.
52 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 Imperial
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 53
Art. X.—It is well understood between the contracting parties that the tonnage
dues which bj 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
United 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. XXXII. 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, ERIENDSHIP, AND COMMERCE
BETWEEN PRANCE 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-
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
the 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 to 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 Chang-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.—France 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,
the French troops shall not, under any circumstances, cross the frontier which separates.
’54 TEEATY 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 which 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, and 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 he 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
bhe 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 Regulations in force in the interior of the Chinese Empire shall be taken into
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.
TREATY BETWEEN FRANCE AND CHINA 55-
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 G-oveminent 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 G-overnment 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 one 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 Treaty 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.] Paten6tre.
„ [li.s.j Hsi Chen.
„ [l.s.J 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 Re-
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 their Plenipotentiaries, that is to say:—
The President of the French Republic, GL Cogordan, Minister Plenipotentiary
of France to China, Officer of the Legion of Honour, Knight of the Order of the Crown
of Italy, &c., &c., 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 V. 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 Langson 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 Langson shall be selected and determined in the
course 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 5T
The agents shall he 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 VIL, X., XI., XII., and others
of the Treaty of the 27th June, 1858.
Annamites shall enjoy in these places the same privileged treatment.
Art. IY.—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, and, 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. Y.—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 j 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 respective 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 the interior 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.
■58 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 new duties will be levied at the interior barriers or
lelcin stations.
Merchandise for which transit passes have not been obtained will be liable to all
the barrier and lekin duties imposed upon indigenous products in the interior of the
country.
Art. VII.—Merchandise bought by Frenchmen and persons under French
protection in the interior 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 of merchandise for export.
When Chinese merchandise for export arrives at these places, declaration
shall be 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 pay the transit duty fixed by the general
tariff of the Chinese Maritime Customs.
It shall then pay the export duty, diminished by one-third. Articles not earned
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 gcods
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 tonnage-dues, conformably to the rales of the Maritime Customs
of the two countries.
As regards the provisions of the present Article and the preceding 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,toconformably
subjected payment oftothe
the import
general duties,
rules ofandthetheChinese Maritime
certificates Customs,
or bonds given be
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
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 export duty already collected.
The merchandise confox-mably 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. 50 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. Goods 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
tariff 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
J 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.
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 Ann am 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. XIY.—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. XY.—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.
Tire introduction into Tonkin of arms, munitions of war, and immoral publica-
tions is also prohibited.
Art. XYI.~ 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 XXXIY. of the treaty of
the 27th June, 1858.
CONVENTION BETWEEN FRANCE AND CHINA, 1887 61
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
Ahe 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 Annatn 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 arrested
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. XVIII.—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 been 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 25th April, 1886, corresponding to the 22nd
day of the third moon of the twelfth year of Kwang Hsu.
(Signed) [l.s.] G. Cogordan.
„ [l.s.] E. Bruwaert.
„ [l.s.] Li Hung-chang.
CONVENTION BETWEEN EBANCE 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,
i,' and also to ratify and trive 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
Vu-wen, member of the Tsung-li Yamen and Vice-President of the Board of Works.
The President of the Republic has appointed His Excellency Constaus, Deputv,
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.
62 CONVENTION BETWEEN FRANCE AND CHINA, 1887
Art. II.—Whereas it was agreed by the Treaty of 1886 that Lungchow in Kwangsi
and Mengtzu in Yunnan should he 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-
according to the Franco-Annamite tariff.
Art. V.—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 Lungchow, Mengtzu, and Manghao, but no more than
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 Luugchow 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 tu
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.
Prince Chi’ng.
Sun Yu-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 Kwangtung. 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
j modified and completed as follows:—It is agreed between the high contracting
parties that the town of Lungchow in Kwangsi and that of Mengtse 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 Hokow 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., XT., 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 the 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 Annam, 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 thefromfourpayment and import
above-named duty.and(2)transported
localities Chinese goods which shall
to Chinese ports,be maritime
exported
I 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
jl shall be freed
rule for all suchthe goods
half-duty of re-importation
in the in conformity
maritime or fluvial withtothecommerce.
ports open general
(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
ADDITIONAL CONVENTION BETWEEN FEANCE 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-
goods.
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:—D.—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
VI. of the Telegraphic Convention of Chefoo.
Art. VII.—It is agreed that the commercial stipulations contained in the present
Convention beitig 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. VIII.—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 of Kwang Hsu.
(Signed) A. Gerard.
„ Chino.
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 maintain
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 His
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 aijd 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 Fohkien and Chekiang, or of the Two Kiang ; and
whenever he desires to have such correspondence with the Privy Council at the capita)
he shall have the right to send it through either of the said Governors-General, or by
3
TREATY BETWEEN THE UNITED STATES AND CHINA
general post; and all such communications shall he 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. Y.—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 Rites 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 arriva.1 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
•corresponding 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 (pin-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
«o 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 the 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 America shall have the right to appoint Consuls
and other commercial agents for the protection of trade, to reside at such places in the
TREATY BETWEEN THE UNITED STATES AND CHINA 67
dominions of China as shall be agreed to be opened, who shall hold official intercourse
and correspondence with the local officers of the Chinese Government (a Consul or a
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 inquirv 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-Genei*al 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 pers'ons 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
3*
TREATY BETWEEN THE UNITED STATES AND CHINA
recovered, the Chinese Government 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 United States are permitted to frequent the ports
and cities of Canton and Chan-chau, or Swatow, in the province of Kwangtung; Amoy,
Foochow, andTai-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 Govern-
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 Government, 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
partiesArt.or XVIII.—Whenever
determined by the Consul.
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
mutineers or desertersoffrom
the Chinese
on boardGovernment
the vessels ofshallthecause
Unitedto beStates
apprehended
in China all
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
TREATY BETWEEN THE UNITED STATES AND CHINA
shall be delivered up to justice on due requisition by the Chinese local officers,
addressed 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 hands 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 he 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 regard 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
70 TREATY BETWEEN THE UNITED STATES AND CHINA
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 shrotfs
authorized by the Chinese G-overnment 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 goods 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. XXIY.—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
persons 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.—Delations 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 States 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.
ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA 71
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 professed 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 teaches 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.] Rweiliang.
[l.s.] Hwashana.
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
*ind 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 Plenipol
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
.concessions to the citizens or subjects of foreign Powers, of the privilege of residing
72 ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA
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 mauner or spirit incompatible with the Treaty stipulations of the parties.
Art. III.—The Emperor of China shall have the right to appoint Consuls at
ports 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. IY.—The 29th Article of the Treaty of the 18th June, 1858, having stipulated
for the exemption of the Christian citizens of the United States 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. Y.—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. YI.—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
IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA 73
institutions under the control of the Government of the United States, which are
enjoyed in the respective countries by the citizens or subjects of the most favoured
nation. The citizens of the United States may freely establish and maintain schools
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 the United States.
Art. VIII.—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 United States will in that 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 arms.
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
1 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
i South Carolina, as his 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
74 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA
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 Chinese 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 regulate, limit, or suspend such coming or
residence, but may not absolutely prohibit it. The limitation 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-treatment 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 secure to them the
same rights, privileges, immunities and exemptions as may 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 the 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.
The 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 Governments, 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 Privy 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 still further promote such
IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA 75
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 upon
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. IY.—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 E. Swift. , Li Hung-tsao.
„ William H. Teescott.
IMMIGRATION PROHIBITION TREATY BETWEEN THE
UNITED STATES OE AMERICA AND CHINA, 1891
Ratifications Exchanged at Washington, 7th December, 1894
Whereas, on the 17th of November, a.o. 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 Chinese 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 Rank, 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.
IMMIGRATION PROHIBITION TREATY BETWEEN THE TJ.S. & CHINA 77
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 United
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, vised
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. IY.—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. Y.—The Government of the United States having, by an Act of Congress,
approved May 5th, 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 United 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 full
name, age, occupation, and number or place of residence of all other citizens of the
United 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
Senior Wee-President of the Boardof oftheCommerce;
Board of Public Works; Wu Ting Fang,
Who, having met and duly exchanged their full powers, which were found to be
m 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
and to enjoy there has the
the same right to reside
prerogatives, in theandCapital
privileges of the United
immunities States,
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
lu
and immunities accorded by international usage to such representatives,
aspectsnation.
of the most favoured be entitled to the treatment extended to similar representatives
The English text of all notes or despatches from United States officials to
Chinese officials, and the Chinese text of all notes or despatches from 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
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA
require, 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
Government 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 see that 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
have 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
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 agrees 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 cf one and one-half times the amount of
the said duty to compensate for the abolition of leJcin, 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 with specific
duties as far as practicable, on a scale not exceeding five per cent, ad valorem ; but
existing export duties shall not be raised until at least six months’ notice has been
given. In cases where existing export duties are above five per cent., they shall
be reduced to not more than that rate. An additional special surtax of one-half the
export duty payable for the time being, in lieu of internal taxation 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 yarn 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
it being found by the investigating officers that the complaint is well founded and
loss has been incurred, due compensation shall be paid through the Imperial Mari-
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 lelcin taxation, duties on goods in transit.
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 81
•offices, stations and barriers for collecting the same, and of all descriptions of internal
taxation on foreign goods, and the imposition of the surtax on the import of foreign
goods and on the export of native goods, and the other fiscal changes and reforms
provided for in this Article, all of which 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 from his post.
Art. V.—The tariff duties to be paid by citizens of the United States on goods
imported into China 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 Article 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 most 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. VI.—-The Grovernment 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, to 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
interests 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
82 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA
from Chinese territory, then the Consul shall inflict on the guilty party a fine to hfr
paid to the Chinese Government.
Art. IX.—Whereas the United States undertakes to protect the citizens of afiy
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-
citizens of the United States :—
Therefore the Government of China, in order to secure such protection in the
United States for its subjects, now agrees to fully protect any citizen, firm or corpora-
tion of the United States in the exclusive use in the Empire of China of any lawful
trade-mark to the exclusive use of which they are entitled in the United States, or
which 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
agrees to issue by its proper authorites proclamations having the force of law, for-
bidding all subjects of China from infringing on, imitating, colourably imitating, or
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
at such offices as the Chinese Government will establish for such purpose, on payment
of a reasonable fee, after due investigation by the Chinese authorities, and in com-
pliance with reasonable regulations.
Art. X.—The United States Government allows subjects of China to patent then-
inventions in the United States and protects them in the use and ownership of such
patents. The Government of China now agrees that it will establish a Patent Office.
After this office has been established and special laws with regard to inventions have-
been adopted it will thereupon, after the payment of the legal fees, issue certificates
of protection, valid for a fixed term of years, to citizens of the United States on all
their patents issued by the United States, in respect of articles the sale of which is
lawful in China, which do not infringe on previous inventions of Chinese subjects,
in 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-
benefits of its copyright laws to the citizens of any foreign State which gives to the
citizens of the United States the benefits of copyrights on an equal basis with its own
citizens:—
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',
manner and subject to the same conditions upon which it agrees to protect trade-
marks, to all citizens of the United States who are authors, designers or proprietors
of 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 he reprinted in the same form, no
work shall be entitled to copyright privileges under this Article. It is understood that
Chinese subjects shall he 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
publication calculated to injure the well-being of China.
Art. XII.—The Chinese Government having in 1898 opened the navigable
inland waters of the Empire to commerce by all steam vessels, native or foreign, that
may be specially registered for the purpose, for the conveyance of passengers and
lawful 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-
and regulations then in existence for such commerce be altered or amended, the
Chinese Government agrees to consider amicably, and to adopt such modifications,
thereof as are found necessary for trade and for the benefit of China.
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 83
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. XIII.—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. XIY.—The principles of the Christian religion, as professed by the Pro-
testant and Eoman 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-
dess and teach these doctrines shall not be harassed or persecuted on account ot 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. 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, 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. XVI.—The Government of the United States consents to the prohibition
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
dor 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
84 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA
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
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.
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
correct 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
be exchanged in Washington not later than twelve months from the present date.
In testimony whereof, we, the undersigned, by virtue of our respective powers,
have signed this Treaty in duplicate in the English and Chinese languages, and have-
affixed our respective seals.
Done at Shanghai, this eighth day of October in the year of our Lord one
thousand nine hundred and three, and in the twenty-ninth year of Kuang Hsu eighth
month 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
made in this Treaty of salt taxation.
It is, however, understood, after full discussion and consideration, that the col-
lection 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
provision 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
Customs offices at the port, as shall be deemed by the authorities of the Imperial
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 Customs as pro-
vided by the Protocol of 1901.
Annex III.
The schedule of tariff duties on imported goods annexed to this Treaty under
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 Hsiian-huai for
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.
Henrique de Barros Gomes.
James Duncan Campbell.
The Treaty
Ratifications Exchanged at Pelting 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, 2nd
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 pi-operty.
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
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 10
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-
perial Majesty the Emperor of China, and this agent, as well as the persons of his
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
place where such residence is equally accorded to the diplomatic representative of other
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
his 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,
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
Consuls-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
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 87-
same concession for herself and for her own subjects, will equally assent to the condi-
tions attached to it.
Art XI.—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 between 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.
Art. 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
employed 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 produce 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
88 TREATY BETWEEN PORTUGAL AND CHINA
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,
on receiving notice of the fact, shall provide the necessary protection, affording
projnpt 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 Cilstbms shall grant a certificate declaring that the tonnage dues
have been paid.
Art. XXI.—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 in
port, but neither then nor at her departure shall any other impost whatsoever be
exacted.
Art. XXIY.—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,
shall 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 in the said manifest.
TEEATY BETWEEN PORTUGAL AND CHINA
Art. XXVIII.—The Superintendent of Customs will permit the discharging of
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 the 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,
any fraud bethey are found
detected, to be the
the goods mayidentical goods;bybut
be confiscated theifChinese
during Government.
the examination
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.
.90 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 and 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
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 majeure provided for in Article XIX., to enter into other ports, or to carry
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
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
extradition the Governor of Macao will continue to follow the existing practice, after
the receipt of a due requisition from the Viceroy of the Kwangs, it is agreed that,
in the Chinese ports open to foreign trade, the Chinese criminals who take refuge at
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.
TREATY BETWEEN PORTUGAL AND CHINA 91
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 and 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. LIY.—The present Treaty, with the Convention appended to it, shall be
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
Kuang-Hsu.
[l.s.] (Signed) Thomas de Sotjza Roza.
[Chinese Seal] Prince Ch’ing.
Signatures of the Chinese Plenipotentiaries. SUN-IU-UEN.
;92 CONVENTION BETWEEN PORTUGAL AND CHINA
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 he 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 agreed
on the following Convention in three Articles:—
Art. I.—-Portugal will enact a law subjecting the opium trade of Macao to the
•following provisions:—
1. —Iso opium shall be imported into Macao in quantities
2. —All opium imported into Macao must, forthwith on ar
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, la
•from one store to another, or exported, without a permit issued by the Superintendent.
4. —The importers and exporters of opium in Macao must k
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 to what place they were disposed of, and the quantity in stock.
5. —Only the Macao opium farmer, and persons licensed
will be permitted to keep in their custody raw opium in quantities inferior to one chest.
6. —Regulations framed to enforce in Macao the execut
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-kuan.
Art. III.—By mutual consent of both the high contracting parties the stipula-
tions 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, concluded 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
COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
'Peking, duly authorized by His Excellency Thomas de Souza Roza, Chief of the said
Mission, and Sir Robert Hart, k.c.m.o., 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 Foreign In
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 rate of not m
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 the manage
■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 entitled 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 their carg
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 leJcin tax before
entering Macao may be re-exported from Macao to Chinese ports without paying
■Customs duties and leMn 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 and Portugal
eontinues 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
1 Article VI. 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.
94 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
Art. III.—The duty and lelcin on foreign opium will continue as provided for
in existing Treaties. The Government 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 tho
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. Y.—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 t
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
acontracting parties. Such vessels may engage in all lawful trade, including the tow-
ge 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 in
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 alcoholic
■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 already 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 nse and occupation of foreigners,
Portuguese subjects may therein lease land, erect buildings, and in all respects enjoy rhe
same privileges and immunities as are granted 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 svstem 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 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. 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, however, that the Chinese Go ernment
96 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
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 in 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 toreign 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 subject 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
iuvest 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 inven-
COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL 97
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. 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, 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
fmrposes, and, after the title-deeds have been found in order and duly stamped by the
ocal authorities, to erect such suitable buildings as may be required for carrying out
their good work.
Art. XVII.—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 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.
4
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 tlie 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 Rank, and Li Ching Fong, ex-Minister of the Diplomatic Service of the Second
Official Rank;
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 River Yalu, and ascends that
stream to the mouth of the River An-ping; from thence the line runs to Feng Huang;
from thence to Haicheng; from thence to Ying Row, 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 River Liao at Ying Row it follows the
course of that stream to its mouth, where it terminates. The mid-channel of the
River 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.
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 23rd 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 of
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 be 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 real 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 addition, the following concessions, to take effect six months
after the date of the present Act:—
4*
100 TREATY 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.
(b.) 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 kinds 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
Chipese 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-
ment of the final instalment of said indemnity.
It is, however, expressly understood that no such evacuation shall take place
until 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
TREATY BETWEEN JAPAN AND CHINA 101
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 Kuang Hsii.
In witness whereof, the respective Plenipotentiaries have signed the same and
have affixed thereto the seal of their arms.
Done at Shimonoseki, 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 Kuang Hsu.
[l.s.] Count Ito 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 Mtjtsu 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.] Li Httng-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 Bank.
'[l.s.] Li Ching-fong, Plenipotentiary of His Majesty the
Emperor of China, Ex-Minister of the Diplomatic
Service, of the Second Official Rank.
TREATY OE COMMERCE AND NAVIGATION
Made at Peking, July 21st, 1896
His Majesty the Emperor of Japan and His Majesty the Emperor of China
ffiaving 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 Pleninotentiaries, that is to say : —
102 TEEATY BETWEEN CHINA AND JAPAN
His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shosbii, Grand
Gross 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 be
in good and due form, have agreed upon and concluded the following Articles:—
Art. 1.—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 Japa,n 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 Consular 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 and 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 ot the most favoured nation.
Art. V.—Japanese vessels may touch for 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.
TREATY BETWEEN CHINA AND JAPAN 103
Art. VI.—Japanese subjects may travel, for their pleasure or for purpose 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 li and for a period not exceeding
five days. 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 from
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 bis goods of all transit duties
by payment of a commutation transit tax or duty, equal to one-half of the import
duty in respect of dutiable articles, and two and a half per cent, upon the value in
respectshall
which of duty-free articles;
exempt the goods and
fromonallpayment thereofcharges
further inland a certificate shall be issued
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 intended 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
104 TREATY BETWEEN CHINA AND JAPAN
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, lekin, 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. XIV.—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 from 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 dues once in four months at the rate of 1 mace per ton.
No fee or charges, other than tonnage dues, shall be 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. XVI.—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 shall 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 payment 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 measures 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
T1JEATY BETWEEN CHINA AND JAPAN 105
port of Japan, she shall likewise he treated in the same way by the Japanese
authorities.
Art. XVIII.—The Chinese authorities at the several open ports shall adopt 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 any 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 incurred 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 expressly 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 and
Regulations necessary to give full effect to this Treaty. Until such Rules and
106 TEEATY BETWEEN- CHINA AND JAPAN
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 Hsii (July 21st, 1896).
[l.s.] Chang Yin-hoon.
,, Hayashi Tadasu.
PROTOCOL REGARDING NEW PORTS
Made 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 Kuang 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 provide 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 Japanese
forces in accordance with Treaty stipulations.
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 107
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 Tadasau.
„ Prince King.
„ Yin Lit.
„ Chang Yin-whan.
Nineteenth day, tenth month, twenty-ninth year of Meiji; thirteenth day, ninth
month, twenty-second year of Kuang Hsu.
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, in
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
is to say:
His Majesty the Emperor of Japan, Hioki Eki, Jugoi, Fifth Class of the
Imperial Order of the Rising Sun, First Secretary of Legation, and Odagiri Masnoske,
Shorokui, Fifth Class of the Imperial Order of the Rising Sun, Consul-General; and
His Majesty the Emperor of China, Lii 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 J apan shall not, on account
of the above, be placed at any disadvantage as compared with the commerce, rights
and privileges of other Powers.
103 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
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 steamer capable
of navigating the inland waterways, upon reporting at the Imperial Maritime Cus-
toms, may proceed for the purpose of trade from a Treaty Port to places inland so
reported, on complying with the Original and Supplementary Begulations 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. V.—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 of law 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. VI.—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 assegai 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,
on the basis however, that all Tael.
of the Haikwan Customs duties shall continue to be calculated and paid
Art. VII.—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
SUPPLEMENTAEY TREATY BETWEEN JAPAN AND CHINA 109
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. YIII.—The Eegulations for Steam Navigation Inland of the fifth moon of
the twenty-fourth year of Kuang Hsii 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, are
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 Government 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
110 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
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.
„ Odagiri Masnoske.
(Signed) Lu Hai-huan.
„ Sheng Hsuan-huai.
„ Wu T‘jng-fang.
Annex 1
INLAND WATERS STEAM NAVIGATION
Additional Rules
1. —Japanese steamship owners are at liberty to lease ware
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 th
the inland waterway or interfere with navigation, and with the sanction of the
nearest Commissioner of Customs; such sanction, however, shall not be arbitrarily
withheld.
3. —Japanese merchants shall pay taxes and contributions
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 be responsible
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- Theof main
waterways Chinaobject
openedof the
to Japanese Government
steam navigation beingin todesiring
afford tofacilities
see the forinland
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 of flag any
SUPPLEMENTAEY TREATY BETWEEN JAPAN AND CHINA 111
Japanese steamer which may now or hereafter he 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, just as j
been forbidden, to carry contraband goods. Infraction of this rule will entail the
penalties prescribed in the Treaties for such an offence and cancellation of the Inland
Waters Navigation Certificate carried by the vessels, which will be prohibited from
thereafter plying on inland waters.
7. —As it is desirable that the people living inland should be d
as possible by the advent of steam vessels to which they are not accustomed, inland
waters not hitherto frequented by steamers shall be opened as gradually as may be
convenient to mei-chants and only as the owners of steamers may see prospect of
remunerative trade. In cases where it is intended to run steam vessels on w ater-
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 of a port,
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 steamers
and crew of any boat towed shall be Chinese. All boats, irrespective of ownership,
must be registered before they can proceed inland.
10. —The above Rules are supplementary to the Regulatio
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.
112 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
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 he 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.
„ Odagiri Masnoskb.
Annex 3
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 Hsu.
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 Maru, Hiuga Maru, Urato
Maru, Neisei Maru, Heian Maru, Taiko Maru, Yoshino Maru, Meiko Maru, Eukuju
Maru, Hijikawa Maru, Nagata Maru, Kyodo Maru, Horai Maru, Ewanko Mam,
Keiko Maru, Kinriu Maru, 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 purposes of record.
We have the honour to be,
(Signed) Ln Hai-hhan.
„ Sheng Hsuan-hhai.
,, Wu T‘ing-fang.
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 113
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 Hsu, 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 of Kuang 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-huai.
„ 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 Hsu.
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
114 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
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-
in 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 be 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, etc.,
(Signed) Lu Hai-huan.
„ Seeng Hsuan-huai.
„ Wu T'ing-pang.
Annex 7
Imperiai. Japanese Commissioners for Treaty Revision to Imperial Chinese
Commissioners for Treaty Revision
Shanghai, the 8th Day of the 10th Month of the 86th Year of Meiji.
Gentlemen,—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 Kuang
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
m 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.
,, Odagirt Masnosee:
TREATY BETWEEN CHINA AND JAPAN RELATING
TO MANCHURIA
Signed at Peking, 22nd December, 1905
I. —The Chinese Government agrees to all the transfers made to Jap
toy Articles V. and VI. of the Treaty of Peace between Japan and Russia.
II. —The Japanese Government agrees to observe as much as p
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 the date of sig
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;
Uchida 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:—
to theI. residence of—The Chinesetrade
foreigners and foreign Government agrees
with as little delayto open the following
as possible after cities in
the evacuation of Manchuria by the Japanese and Russian armies:—
Shingking Province:—Whangfengcheng, Liaoyang, Sinminting, Tiding, Tung-
kiangtze, and Fakumen.
Kirin Province:—Changchun (Kwangchengtze), Kirin, Harbin, Ninguta, Hong-
©hun and Sanchin.
Heilunkiang Province :—Tsitsikar, Hailar, Aihon and Manjuri.
II. —The Chinese Government having expressed its earnest desire f
withdrawal of the Japanese and Russian armies and railway guards in Manchuria,
and the Japanese Government 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 immediately inform the C
116 TREATY BETWEEN CHINA AND JAPAN RELATING TO MANCHURIA
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
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 measure
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 mi
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 a
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 ex
railways in South Manchuria from all duties and lehin.
IX. -—At Yingkow (Newchwaug), which is already
also in Antongcheng, 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 l
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 of the company, and the articles of the business, will be
determined upon in a special agreement. The interest in the company of the Japanese
and Chinese shareholders will be equally divided.
XL—In regard to the trade on the frontier of Manchuria and Corea, treatment
according to most-favoured-nation principle will be extended to each contracting party.
XII.—The Governments of the two contracting parties agree that in all the matters
specified in the Articles of the Treaty signed this day, and in the supplementary agree-
ment, each party will give the most considerate treatment to the other.
This agreement will Lake effect from the date of signing and is to be considered
as ratified with the ratification of the Treaty signed this day.
In witness whereof the contracting parties have signed and affixed their seals in,
duplicate in Japanese and Chinese, with due authority entrusted to them by their
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 the 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 Knvoy 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 G-overnment 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-H-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
hall 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, 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-hsiang,
Etc., etc., etc.
118 SINO-JAPANESE TREATY EELATING TO SHANTUNG
Exchange of Notes
The following Notes dealing with the Shantung Treaty were exchanged:—
Monsieur le Ministre:— Peking, May 25th, 1915.
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-hsiang,
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 Ministre:— Peking, May 25th, 1915.
1 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 territory 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-hsiang, and Minister Plenipotentiary.
Minister of Foreign Affairs
of the Republic of China.
Monsieur le Ministre:— Peking, 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, 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.
I avail, etc., etc.,
Lu Cheng-hsiang,
His Excellency Minister of Foreign Affairs of
Mr. Eki Hioki, the Republic of China.
H.I.J.M.’s Envoy Extraordinary
and Minister Plenipotentiary.
SINO-.TAPANESE TREATY RESPECTING SOUTH MANCHURIA, ETC. 119“
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-hsiang, and Minister Plenipotentiary.
Minister of Foreign Affairs
of the Republic of China.
8INO-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 the
Republic 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-hsiang,
Tsung-Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of
tiie 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
1 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. 11.—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. IV.—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.
120 SIXO-JAPANESE TREATY RESPECTING SOUTH MANCHURIA, ETC.
Art. Y.—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 criminal 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 suits arising out of land
disputes between Japanese subjects and Chinese citizens the cases shall be tried and
decided 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
fried and decided by the law-courts of China.
Art. VI.—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
basis of the terms embodied in railway loan agreements which China has heretofore
entered into with various foreign capitalists.
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 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 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.
Ltj Cheng-hsiang,
Etc., etc., etc.
TREATY EOR THE SETTLEMENT OE OUTSTANDING
QUESTIONS RELATIVE TO SHANTUNG
Ratifications Exchanged at Pehing on June 2nd, 1922
Japan and China, being equally animated by a sincere desire to settle amicably
| and in accordance with their common interest outstanding questions relative to
Shantung, have resolved to conclude a treaty for the settlement of such questions,
I and have to that end named as their Plenipotentiaries, that is to say :
His Majesty the Emperor of Japan: Baron Tomosaburo Kato, Minister of the
j Navy; Baron Kijuro Shidehara, Ambassador Extraordinary and Plenipotentiary;
1; and Masanao Hanihara, Vice-Minister for Foreign Affairs; and
His Excellency the President of the Chinese Bepublic: Sao-ke Alfred Sze,
I: Envoy Extraordinary and Minister Plenipotentiary; Vikyuin Wellington Koo,
Envoy Extraordinary and Minister Plenipotentiary; and Chung-hui Wang, Former
Minister of Justice;
Who, having communicated to each other their respective full powers, found to
be in good and due form, have agreed upon the following Articles:—
i, Section I.—Restoration of the Former German Leased Territory of Kiaochow
Art. I.—Japan shall restore to China the former German Leased Territory of
I Kiaochow.
Art. II.—The Government of Japan and the Government of the Chinese Bepublic
i‘ shall each appoint three Commissioners to form a Joint Commission with powers to
' make and carry out detailed arrangements relating to the transfer of the
I administration of the former German Leased Territory of Kiaochow and to the
transfer of public properties in the said Territory and to settle other matters likewise
requiring adjustment.
For such purposes, the Joint Commission shall meet immediately upon the
|. coming into force of the present Treaty.
Art. III.—The transfer of the administration of the former German Leased
& Territory of Kiaochow and the transfer of public properties in the said Territory, as
' well as the adjustment of other matters under the preceding Article, shall be
\ completed as soon as possible and, in any case, not later than six months from the
date of the coming into force of the present Treaty.
Art. IV.—The Government of Japan undertakes to hand over to the Govern-
ment of the Chinese Bepublic, upon the transfer to China of the administration of
t the former German Leased Territory of Kiaochow, such archives, registers, plans,
title-deeds and other documents in the possession of Japan, or certified copies there-
of, as may be necessary for the transfer of the administration, as well as those that
may be useful for the subsequent administration by China of the said Territory and
of the Fifty Kilometre Zone around Kiaochow Bay.
1SJ2 TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG
Section II.—Transfer of Public Properties
Art,. V.—The Government of Japan undertakes to transfer to the Government
of the Chinese Republic all public properties including land, buildings, works or
establishments in the former German Leased Territory of Kiaochow, whether former-
ly possessed by the German authorities or purchased or constructed by the Japanese
authorities during the period of the Japanese administration of the said Territory,
except those indicated in Article VII. of the present Treaty.
Art. VI.—In the transfer of public properties under the preceding Article no
compensation will be claimed from the Government of the Chinese Republic:
Provided, however, that for those purchased or constructed by the Japanese
authorities, and also for the improvements on or additions to those formerly possess-
ed by the German autborities, the Government of the Chinese Republic shall refund
a fair and equitable proportion of the expenses actually incurred by the Govern-
ment of Japan, having regard to the principle of depreciation and continuing value.
Art. VII.—Such public properties in the former German Leased Territory of
Kiaochow as are required for the Japanese Consulate to be established in Tsingtao
shall be retained by the Government of Japan, and those required more especially
for the benefit of the Japanese community, including public schools, shrines and
cemeteries, shall be left in the hands of the said community.
Art. VIII.—Details of the matters referred to in the preceding three Articles
shall be arranged by the Joint Commission provided for in Article II. of the present
Treaty.
Section III.—Withdrawal of Japanese Troops
Art. IX.—The Japanese troops, including gendarmes, now stationed along the
Tsingtao-Tsinanfu Railway and its branches, shall be withdrawn as soon as the
Chinese police or military force shall have been sent to take over the protection of
the Railway.
Art. X.—The disposition of the Chinese police or military force and the
withdrawal of the Japanese troops under the preceding Article may be effected in
sections.
The date of the completion of such process for each section shall be arranged
in advance between the competent authorities of Japan and China.
The entire withdrawal of such Japanese troops shall be effected within three
months, if possible, and, in any case, not later than six months from the date of the
signature of the present Treaty.
Art. XI.—The Japanese garrison at Tsingtao shall be completely withdrawn
simultaneously, if possible, with the transfer to China of the administration of the
former German Leased Territory of Kiaochow, and, in any case, not later than
thirty days from the date of such transfer.
Section IV.—Maritime Customs at Tsingtao
Art. XII.—The Custom House of Tsingtao shall be made an integral part of
the Chinese Maritime Customs upon the coming into force of the present Treaty.
Art. XIII.—The Provisional Agreement of August 6th, 1915, between Japan
and China relating to the re-opening of the office of the Chinese Maritime Customs at
Tsingtao shall cease to be effective upon the coming into force of the present Treaty.
Section V.—Tsingtao-Tsinanfu Railway
Art. XIV.—Japan shall transfer to China the Tsingtao-Tsinanfu Railway and
its branches, together with all other properties appurtenant thereto, including
wharves, warehouse and other similar properties.
TEEATY FOE THE SETTLEMENT EELATING TO SHANTUNG 123
Art. XV.—China undertakes to reimburse to Japan the actual value of all the
Eailway properties mentioned in the preceding Article.
The actual value to be so reimbursed shall consist of the sum of fifty-three
million, four hundred and six thousand, one hundred and forty-one (53,406,141)
gold marks (which is the assessed value of such portion of the said properties as
was left behind by the Germans), or its equivalent, plus the amount which Japan,.
during her administration of the Railway, has actually expended for permanent
improvements on or additions to the said properties, less a suitable allowance for
depreciation.
It is undertsood that no charge will be made with respect to the wharves, ware -
house and other similar properties mentioned in the preceding Article, except for
such permanent improvements on or additions to them as may have been made by
Japan during her administration of the Railway, less a suitable allowance for de-
preciation.
Art. XVI.—The Government of Japan and the Government of the Chinese
Republic shall each appoint three Commissioners to form a Joint Railway Com-
mission, with powers to appraise the actual value of the Railway properties on the
basis defined in the preceding Article and to arrange the transfer of the said
properties.
Art. XVII.—The transfer of all the Railway properties under Article XIV. of
the present Treaty shall be completed as soon as possible, and, in any case, not later
than nine months from the date of the coming into force of the present Treaty.
Art. XVIII.—To effect the reimbursement under Article XV. of the present
Treaty, China shall deliver to Japan, simultaneously with the completion of the
transfer of the Railway properties, Chinese Government Treasury Notes, secured on
the properties and revenues of the Railway and running for a period of fifteen years,
but redeemable, whether in whole or in part, at the option of China at the end of five
years from the date of the delivery of the said Treasury Notes, or at any time there-
after upon six months’ previous notice.
Art. XIX.—Pending the redemption, of the said Treasury Notes under the pre-
ceding Article, the Government of the Chinese Republic will select and appoint, for
so long a period as any part of the said Treasury Notes shall remain unredeemed,
a Japanese subject to be Traffic Manager, and another Japanese subject to be Chief
Accountant jointly with the Chinese Chief Accountant and with co-ordinate
functions.
These officials shall all be under the direction, control and supervision of the
Chinese Managing-Director, and removable for cause.
Art. XX.—Financial details of a technical character relating to the said
Treasury Notes not provided for in this Section shall be determined in common
accord between the Japanese and Chinese authorities as soon as possible and, in
any case, not later than six months from the date of the coming into force of the
present Treaty.
Section VI.—Extensions of the Tsingtao-Tsinanfu Eailway
Art. XXI.—The concessions relating to the two extensions of the Tsingtao-
Tsinanfu Railway, namely, the Tsinanfu-Shunteh and the Kaomi-Hsuchowfu lines,
shall be made open to common activity of an international financial group, on
terms to be arranged between the Government of the Chinese Republic and the said
group.
Section VII.—Mines
Art. XXII. —The mines of Tsechwan, Fangtze and Chinlingchen, for which
the mining rights were formerly granted by China to Germany, shall be handed
over to a company to be formed under a special charter of the Government of the
Chinese Republic, in which the amount of Japanese capital shall not exceed that of
Chinese capital.
124 TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG
The mode and terms of such arrangements shall be determined by the Joint
Commission provided for in Articie II. of the present Treaty.
Section VIII.—Opening of the Former German Leased Territory of Kiaochow
Art. XXIII.—The Government of Japan declares that it will not seek the
•establishment of an exclusive Japanese settlement, or of an international settlement,
in the former German Leased Territory of Kiaochow.
The Government of the Chinese Republic, on its part, declares that the entire
area of the former German Leased Territory of Kiaochow will be opened to foreign
trade and that foreign nationals will be permitted freely to reside and carry on
commerce, industry and other lawful pursuits within such area.
Art. XXIV.—The Government of the Chinese Republic further declares that
vested rights lawfully and equitably acquired by foreign nationals in the former
German Leased Territory of Kiaochow, whether under the German regime or
during the period of the Japanese administration, will be respected.
All questions relating to the status or validity of such vested rights acquired by
Japanese subjects or Japanese companies shall be adjusted by the Joint Commission
•provided for in Article II. of the present Treaty.
Section IX.—Salt Industry
Art. XXV.—Whereas the salt industry is a Government monopoly in China,
it is agreed that the interests of Japanese subjects or Japanese companies actually
engaged in the said industry along the coast of Kiaochow Bay shall be purchased by
the Government of the Chinese Republic for fair compensation, and that the
exportation to Japan of a quantity of salt produced by such industry along the said
coast is to be permitted on reasonable terms.
Arrangements for the above purpose, including the transfer of the said
interests to the Government of the Chinese Republic, shall be made by the Joint
Commission provided for in Article II. of the present Treaty. They shall be
completed as soon as possible and, in any case, not later than six months from the
date of the coming into force of the present Treaty.
Section X.—Submarine Cables
Art. XXVI.—The Government of Japan declares that all the rights, title and
privileges concerning the former German submarine cables between Tsingtao and
Chefoo and between Tsingtao and Shanghai are vested in China, with the exception
of those portions of the said two cables which have been utilized by the Government
•of Japan for the laying of a cable between Tsingtao and Sasebo; it being under-
stood that the question relating to the landing and operation at Tsingtao of the said
Tsiugtao-Sasebo cable shall be adjusted by the Joint Commission provided for in
Article II. of the present Treaty, subject to the terms of the .existing contracts to
which China is a party.
Section XI.—Wireless Stations
Art. XXVII.—The Government of Japan undertakes to transfer to the Gov-
ernment of the Chinese Republic the Japanese wireless stations at Tsingtao and
Tsinanfu for fair compensation for the value of these stations, upon the with-
drawal of the Japanese troops at the said two places, respectivelv.
Details of such transfer and compensation shall be arranged by the Join
Oommission provided for in Article II. of the present Treaty.
Art. XXVIII.—The present Treaty (including the Annex thereto) shall be
ratified, and the ratifications thereof shall be exchanged at Peking, as soon as
possible, and not later than four months from the date of its signature.
TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG 125
It shall come into force from the date of the exchange of ratifications.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty in duplicate in the English language, and have affixed hereto their seals.
Done at the City of Washington this fourth day of February, One Thousand
hTine Hundred and Twenty-Two.
[l.s.] T. Kato. [l.s.] Sao-ke Alfred Sze.
[l.s.] K. Shidehara. [l.s.] Y. K. Wellington Koo.
[l.s.] M. Hanihara. [l.s.] Chung-hui Wang.
ANNEX
I.—Renunciation of Preferential Rights
The Government of Japan declares that it renounces all preferential right with
respect to foreign assistance in persons, capital and material stipulated in the
Treaty of March 6th, 1898, between China and Germany.
II. —T
It is understood that public properties to be transferred to the Government of
the Chinese Republic under Article V. of the present Treaty include (1) all public
works, such as roads, water-works, parks, drainage and sanitary equipment, and
(2) all public enterprises such as those relating to telephone, electric, stockyard
and laundry.
The Government of the Chinese Republic declares that in the management
and maintenance of public works to be so transferred te the Government of the
Chinese Republic, the foreign community in the former German Leased Territory of
Kiaochow shall have fair representation.
The Government of the Chinese Republic further declares that, upon taking
over the telephone enterprise in the former German Leased Territory of Kiaochow,
it will give due consideration to the requests from the foreign community in the
said Territory for such extensions and improvement s in the telephone enterprise as
may be reasonably required by the general interests of the public.
With respect to public enterprises relating to electric light, stockyard and
laundry, the Government of the Chinese Republic, upon taking them over, shall
re-transfer them to the Chinese municipal authorities of Tsingtao, which shall, in
turn, cause commercial companies to be formed under Chinese laws for the
management and working of the said enterprises, subject to municipal regulation and
•supervision.
III. —
The Government of the Chinese Republic declares that it will instruct the
Inspector-General of the Chinese Maritime Customs (1) to permit Japanese traders
in the former German Leased Territory of Kiaochow to communicate in the Japan-
ese language with the Custom House of Tsingtao; and (2) to give consideration,
within the limits of the established service regulations of the Chinese Maritime
Gustoms, to the diverse needs of the trade of Tsingtao in the selection of a suitable
staff for the said Custom House.
IV.—Tsingtao - Tsinanfu Railway
Should the Joint Railway Commission provided for in Article XVI. of the
present Treaty fail to reach an agreement on any matter within its competence, the
point or points at issue shall be taken up by the Government of Japan and the
Government of the Chinese Republic for discussion and adjustment by means of
diplomacy.
126 TREATY EOR THE SETTLEMENT REL ATING TO SHANTUNG
In the determination of such point or points, the Government of Japan and the*
Government of the Chinese Eepublic shall, if necessary, obtain recommendations of
experts of a third Power or Powers, who shall be designated in common accord1
between two Government*.
V.—Chefoo-Weihsien Railway
The Government of Japan will not claim that the option for financing the
Chefoo-Weihsien Railway should be made open to the common activity of the
International Financial Consortium, provided that the said Railway is to be con-
structed with Chinese capital.
VI.—Opening of the Former German Leased Territory of Kiuochow
The Government of the Chinese Republic declares that, pending the enactment
and general application of laws regulating the system of local self-government in
China, the Chinese local authorities will ascertain the views of the foreign residents-
in the former German Leased Territory of Kiaochow in such municipal matters as-
may directly affect their welfare and interests.
T. Kato. Sao-ke Alfred Sze.
C. Shidehara. V. K. Wellington Koo.
M. Hanihara. Chung-hui Wang
AGREED TERMS OF UNDERSTANDING RECORDED IN THE MINUTES-
OF THE JAPANESE AND CHINESE DELEGATIONS CONCERNING
THE CONCLUSION OF THE TREATY FOR THE SETTLEMENT
OF OUTSTANDING QUESTIONS RELATIVE TO SHANTUNG
Transfer of Public Properties
I.—Japanese subjects will be permitted, subject to the provision of Chinese law,
to become members or shareholders of any of the commercial companies to be formed
Avith respect to public enterprises mentioned in Paragraph 4 of Annex II. of the
Treaty.
Withdrawal of Japanese Troops
II-—After the withdrawal
XI. of the Treaty, no Japanese of the Japanese
military forcetroops
of anyprovided
kind willforremain
in Articles
in anyIX.part
to-
of Shantung.
Tsingtao-Tsinanfu Railway
HI-—Allthereto
appurtenant light railways
shall be constructed
considered byas Japan
part ofin the
Shantung and allof properties
properties Tsingtao-
Tsinanfu Railway.
IV.—The telegraph lines along the Railway shall also be considered as part of
the Railway properties.
powerV-—The Chinese authorities,
and discretion to retain oruponto taking
removeover the Railway,
the present employes shallof have
Japanesefull
nationality in the service of the Railway. In replacing such employes, reasonable
notice shall be given before the date of the transfer of the Railway. Detailed
arrangements regarding the replacements to take effect immediately on the transfer
of the Railway are to be made by the Joint Railwav Commission provided for in
Article XVI. of the Treaty.
TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG 127
YI.—The entire subordinate staff of the Japanese Traffic Manager and the
Japanese Chief Accountant of the Railway is to be appointed by the Chinese
Managing-Director. After two years and a half from the date of the transfer of
the Railway, the Chinese Government may appoint an Assistant Traffic Manager of
Chinese nationality for the period of two years and a half, and such Chinese
Assistant Traffic Manager may likewise be appointed at any time upon notice being
given for the redemption of the Treasury Notes under Article XVIII. of the Treaty.
VII. —The Chinese Government is under no obligation to
subjects as members of the subordinate staff above mentioned.
VIII. —The redemption of the Treasury Notes under A
Treaty will not be effected with funds raised from any source other than Chinese.
IX. —The Chinese Government will ask the Japanese Gov
information as may be useful in making the selection of the Japanese Traffic
Accountant of the Railway.
X. —All questions relating to the existing contracts or commi
the Japanese authorities in charge of the Railway shall be settled by the Joint Rail-
way Commission ; and, prior to the transfer of the Railway, the said Japanese
authorities will not make any new contracts or commitments calculated to be harmful
to the interests of the Railway.
Opening of the Former German Leased Territory of Kiaochoiv
XI. —The term “ lawful pursuits” used in article XXIII. of th
be so construed as to include agriculture, or any enterprise prohibited by Chinese
law or not permitted to foreign nationals under the treaties between China and
Foreign Powers, it being understood that this definition shall be without prejudice
to the question of the salt industry provided for in Article XXV. of the Treaty or to
any question relating to vested right which shall be determined in accordance with
Article XXIV. of the Treaty.
Post Offices
XII. —All the Japanese Post Offices outside of the for
Territory of Kiaochow shall be withdrawn simultaneously with the transfer of the
Tsingtao-Tsinanfu Railway, if such transfer shall take place before January 1st,
1923, and, in any case, not later than the said date.
XIII. —All the Japanese Post Offices within the fo
Territory of Kiaochow shall be withdrawn simultaneously with the transfer of the
administration of the said Territory.
Claims
XIV. —The omission of any reference in the Treaty to t
which Chinese citizens may have against Japanese subjects for the restitution
of real property in Shantung or for damages to the person and property of Chinese
•citizens in Shantung shall not prejudice such claims.
XV. —The Chinese authorities shall furnish the Japanes
list of such claims, together with all available evidence in support of each claim.
Justice shall be done through diplomatic channel as regards the claims against the
Japanese authorities, and through ordinary judicial procedure as regards the claims
against Japanese subjects. With respect to the latter class of claims, the investiga-
tion into actual facts of each case may, if necessary, be conducted by a Joint Com-
mission of Japanese and Chinese officials, in equal number, to be specially designated
for that purpose.
XVI. —The Japanese Government shall not be held respo
which may have been directly caused by the military operations of Japan during
the late war.
Washington, D.C., Feburuary 4th, 1922.
FINAL PROTOCOL MADE BETWEEN CHINA
AND ELEVEN POWERS, 1901
[Translation']
The Plenipotentiaries of Germany, Monsieur A. Mumm von Schwartzenstein;
Austria-Hungary, Baron M. Czikann; 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 W6n-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, 1900, 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-
F6ng, 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 cf
China and of the Chinese Government at the assassination of His Excellency tha
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.
Yu Hsien, Governor of Shansi; Ch’i Hsiu, President of the Board of Rites; and
Hsii Ch’eng-yu, formerly senior Yice-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-hfing,
former Governor-General of Szu-ch’uan.
FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 129
Imperial Edict of February 13th, 1901 (Annex No. 7), rehabilitated the
memories of Hsu Yung-yi, President of the Board of War; Li Shan, President of
tlie 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: Ying Nien and
Chao Shu-chiao on the 24th, Yu-Hsien was executed on the 22nd, Ch’i-Hsiu andHsii
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. 116.—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 18th 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 Representatives 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
Austro-Hungary crown 3.595
Gold dollar 0.742
Franc 3.740
Pound sterling ^80. 3s. Od.
Yen 1.407
Netherlands florin 1.796
Gold rouble 1.412
5
130 FINAL PEOTOCOL BETWEEN CHINA AND ELEVEN POWEES, 1901
This sum in gold shall hear 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 annum 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 per cent, effective of the
present tariff on maritime imports, including articles until now on the free
list, but exempting rice, foreign cereals and flour, 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 ten 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 expenses, shall be taten as the basis for the
valuation of merchandise.
FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 131
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’&ng, 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 officials responsible-
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 negotiate 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
5*
132 FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 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. von 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.
„ Lx Hung-chang.
Certified copy.
(Signed) A. d’Anthouard.
„ B. Kroupensky.
„ Reginald Tower.
„ Von Bohlenund Halback.
GERMANY
TREATY OF PEACE BETWEEN CHINA AND GERMANY
Ratified and Signed at Peking on the 1st July, 1921
The Government of the Republic of China and the Government of the Republic
of Germany, animated by the desire to reestablish the relations of friendship and
commerce by an agreement between the two countries, taking as basis the Declara-
tion of the Republic of Germany dated on this day and recognizing that the applica-
tion of the principles of the respect of territorial sovereignty, of equality, and of
reciprocity is the only means to maintain good understanding between the peoples,
have named, for this purpose, as their Plenipotentiaries, that is to say :
The Government of the Republic of China, W. W. Yen, Minister of Foreign
Affairs.
The Government of the Republic of Germany, H. von Borch, Consul-General.
Who, after having communicated to each other their full powers, which are
found to be in good and due form, have agreed upon the following dispositions:
Art. I.—The two High Contracting Parties have the right mutually to send
duly accredited diplomatic representatives who shall reciprocally enjoy in the country
of their residence the privileges and immunities that are accorded to them by the
law of nations.
Art. II.—The two High Contracting Parties accord to each other reciprocally
the right to appoint, in all the places where there is established a consulate or a vice-
•consulate of a third nation, consuls, vice-consuls, and consular agents who shall be
treated with the consideration and regard that are accorded to the agents of the same
grade of other nations.
Art. III.—The nationals of one of the two Republics residing in the territory
■of the other shall have the right, in conformity with the laws and regulations of the
country, to travel, to reside, and to engage in commerce or industry, in all the
places where the nationals of another nation are allowed to do so.
They shall be placed, their persons as well as their properties, under the juris-
diction of the local courts: they shall conform themselves to the laws of the country
where they reside. They shall not pay any imposts, taxes, or contributions higher
than those paid by the nationals of the country.
Art. IV.—The two High Contracting Parties recognize that all the matters
concerning tariff are regulated solely by the internal legislation of each of them.
Any duties higher than those paid by the nationals of the country shall not, however,
be levied on the products, raw or manufactured, having origin in one of the two
Republics or in a third country at their importations, exportations, or transit.
Art. V.—The Declaration of the Republic of Germany on this day and the
stipulations of the present Agreement shall be taken as the basis for the negotiation
of a definitive treaty.
Art. VI.—The present Agreement is drawn up in Chinese, German, and
French : in case of difference in interpretation the French text shall prevail.
Art. VII.—The present Agreement shall be ratified as soon as possible and
come into force on the day when the two Governments shall have made known to
■each other that the ratifications have been effectuated.
Done at Peking, in double copies, the 20th day, 5th Moon, 10th Year of the
Republic, corresponding to May 20th, 1921.
Notices of ratification were exchanged at 10 o’clock, July 1st, at the Wai-
•chiaopu Building.
(Signed) Dr. W. W. Yen,
Minister of Foreign A fairs, China.
(Signed) H. von Borch,
Representative of the German Government.
134 TREATY OF PEACE BETWEEN" CHINA AND GERMANY
Declaration
The undersigned, being the duly authorized representative of the Grovernment
of the Republic of Germany, has the honour to make known in the name of his
Government to the Minister of Foreign Affairs of the Republic of China the
following :
The Government of the Republic of Germany, animated by the desire to
re-establish the relations of friendship and commerce between China and Germany,
Considering that such relations should be based upon the principles of perfect
equality and absolute reciprocity in conformity with the generally recognized rules of
international law;
Considering that the President of the Republic of China issued a Mandate on
September 15th, 1919, concerning the restoration of peace with Germany;
Considering that Germany engages herself to fulfil the obligations towards
China, derived from Articles 128 to 134 (inclusive) of the Treaty of Versailles,
dated June 28th, 1919, and coming into force on January 10th, 1920;
Affirms that Germany has been obliged by the events of the War and by the
Treaty of Versailles to renounce all the rights, interests, and privileges which she
acquired by virtue of the Treaty concluded by her with China on March 6th, 1898,
and other Acts concerning the Province of Shantung, and finds herself deprived
of the possibility of restituting them to China;
And formally declares:
To consent to the abrogation of the consular jurisdiction in China.
To renounce, in favour of China, ail the rights which the German Government
possessed in the “Glacis” attached to the German Legation in Peking, admitting
that by the expression “ public properties ” in the First Paragraph of Article 130
of the Treaty of Versailles the above-mentioned ground was equally included;
And to be prepared to reimburse the Chinese Government the expenses for the
internment of German militaries in the various camps of internment in China.
The undersigned takes this occasion to renew to His Excellency the assurances
of his high consideration.
(Signed) H. von Borch.
Letter prom Dr. W. W. Yen, Minister op Foreion Affairs,
to Herr von Borch
Your Excellency, May 20th, 1921.
I have the honour to acknowledge the receipt of Your Excellency’s letter of
even date in which it is stated :—
As an explanation to the German Declaration and the Sino-German Agree-
ment I have the honour, at the instruction of my Government, to make the follow-
ing declarations:
(1.) Customs tariff on Chinese goods imported into Germany. The statement
that the import, export and transit duties to be paid by nationals of either of the
Two High Contracting Parties shall not be higher than those paid by nationals of
the country, as provided for in Article 4 of the Agreement, does not preclude China
from the privilege of applying Article 264 of the Versailles Treaty.
Payment of Indemnity
(2.) The payment of indemnity. The statement in the German Declaration
that Germany is prepared to reimburse the Chinese Government the expenses on
the internment of German militaries in various camps of internment in China is
understood to mean that Germany, in addition to indemnifying China for her losses,
according to the principles of the Versailles Treaty, is also willing to refund to China
the internment expenses. As to the indemnity for war losses, Germany undertakes-
TREATY OF PEACE BETWEEN CHINA AND GERMANY 135
to pay in advance a portion thereof in a lump sum, which represents the equivalent
; of one-half of the proceeds from the liquidated German property and one-half of the
values of the sequestrated but not yet liquidated German property, which amount
i will eventually be agreed upon and which will consist of $4,000,000 in cash and the
balance in Tsin-Pu and Hu-Kuang railway bonds.
(3.) Chinese property in Germany. The movable and immovable properties of
| Chinese residents of Germany will be returned at the ratification of the agree-
ment.
(4.) Chinese students in Germany will be returned at the ratification of the
agreement.
(5.) Chinese students in Germany. In regard to the Chinese students in Ger-
many the German Government will be pleased to assist them with its best efforts
in securing admission to schools or acquiring practical experience.
Queries Answered
As to the queries addressed by Your Excellency, I have the honour to reply as
follows:
(1.) The security to be given in future to the property of Chinese or German
residents. The Chinese Government promises to give full protection to the peaceful
undertakings of Germans in China and agrees not to further sequestrate their pro-
I perties except in accordance with the generally recognized principles of international
i law and the provisions of the laws of China, provided that the German Government
| will treat the Chinese residents in Germany in like manner.
(2.) Judicial guarantee. Lawsuits of Germans in China shall be tried in the
modern courts according to the modern codes, with the right of appeal, and in
accordance with the regular legal procedure. During the period of litigation the
I assistance of German lawyers and interpreters, who have been duly recognized by
4he court, is permitted.
(3.) In regard to the lawsuits in the Mixed Court in which Germans are in-
; volved either as one or both parties, the Chinese Government will in the future try
•to find a solution so as to insure justice and fairness to all parties concerned.
(4.) China’s Trading with the Enemy Act. All the laws and regulations con-
ceming trade with the enemy will lose their effect from the day of the ratification
of the treaty. All German trade-marks which had been registered at the Customs
; House will recover their validity if they are registered again, after the ratification of
; the Agreement, at the Customs House by their owners. Prior to the general ap-
I plication of the national tariff in China, the imports of Germans may pay the
Customs duties according to the tariff rate in general use.
(5.) The liquidation of Sino-German indebtedness. The Chinese Govern-
; ment has no intention to join the Clearing House system, as provided for in Article
296 of the Versailles Treaty. Furthermore, the Chinese Government, in considera-
j tion of the fact that Germany undertakes, as stated above, to pay a lump sum as a
.portion of the indemnity for war losses sustained by the Chinese Government,
; agrees to effectually cease, at the signature of the Agreement, all liquidation of Ger-
man properties, and on receipt of the aforesaid indemnity and after the ratification
of the Agreement agrees to return to German owners all the proceeds from the
1 liquidation of German property and all the German property still under sequestra-
;tion. The aforesaid procedure shall be considered as a settlement of all the matters
\ concerning the liquidation, sequestration or control of German property as stated
in the second sentence of Article 133 of the Versailles Treaty.
As to the Deutsch-Asiatische Bank and the Ching-Hsin Mining Corporation,
f the Chinese authorities concerned will discuss methods of settlement with the Bank
and the Corporation themselves; the unliquidated premises of the said bank in
Peking and Hankow will, however, be returned to the original owner in accordance
with the procedure stated above.
(Signed) W. W. Yew.
RUSSIA
RUSSO-CHINESE AGREEMENT
Signed at Peking, on March 14th, 1924
The Union of Soviet Socialist Republics and the Republic of China, desiring
to re-establish normal relations with each other, have agreed to conclude an agree-
ment of general principles for the settlement of the questions between the two
countries, and have to that end named as their Plenipotentiaries, that is to say:
The Government of the Union of Soviet Socialist Republics: Lov Mikhailovitch
Karakhan; His Excellency the President of the Republic of China: Chengting
Thomas Wang.
Who, having communicated to each other their respective full powers, found to
be in good and due form, have agreed upon the following Articles:—
Art. I.—Immediately upon the signing of the present Agreement, the normal
diplomatic and consular relations between the two Contracting Parties shall be re-
established.
The Government of the Republic of China agrees to take the necessary steps
to transfer to the Government of the Union of Soviet Socialist Republics the
Legation and Consular buildings formerly belonging to the Tsarist Government.
Art. II.—The Government of the two Contracting Parties agree to hold, within
one month after the signing of the present Agreement, a Conference which shall
conclude and carry out detailed arrangements relative to the questions in accord-
ance with the principles as provided in the following Articles.
Such detailed arrangements shall be completed as soon as possible and, in any
case, not later than six months from the date of the opening of the Conference as
provided in the preceding paragraph.
Art. III.—The Governments of the two Contracting Parties agree to annul
at the Conference as provided in the preceding Article, all Conventions, Treaties,
Agreements, Protocols, Contracts, etcetera, concluded between the Government of
China and the Tsarist Government and to replace them with new treaties, agree-
ments, etcetera, on the basis of equality, reciprocity and justice, as well as the spirit
of the Declarations of the Soviet Government of the years of 1919 and 1920.
Art. IV.—The Government of the Union of Soviet Socialist Republics, in
accordance with its policy and Declarations of 1919 and 1920, declares that all
Treaties, Agreements, etcetera, concluded between the former Tsarist Government
and any third party or parties affecting the sovereign rights or interests of China
are null and void.
The Chinese Government on its part declares tliat all Treaties, Agreements,
etcetera, concluded between China and any third party or parties affecting the
sovereign rights or interests of the Union of Soviet Socialist Republics are null and
void.
JRUSSO-CHINESE AGKEEMENT 137
The Governments of both Contracting Parties declare that in future neither
Government will conclude any treaties or agreements which prejudice the sovereign
rights or interests of either Contracting Party.
Art. Y.—The Government of the Union of Soviet Socialist Republics recognizes
that Outer Mongolia is an integral part of the Republic of China and respects
China’s sovereignty therein.
The Government of the Union of Soviet Socialist Republics declares that as
soon as the conditions for the withdrawal of all the troops of the Union of Soviet
Socialist Republics from Outer Mongolia—namely, as to the time-limit of the with-
drawal of such troops and the measures to be adopted in the interests of the safety
of the frontiers—are agreed upon at the Conference as provided in Article II. of the
present Agreement, it will effect the complete withdrawal of all the troops of the
Union of Soviet Socialist Republics from Outer Mongolia.
Art. VI.—The Governments of the two Contracting Parties mutually pledge
themselves not to permit, within their respective territories the existence and/or
activities of any organisations or groups whose aim is to struggle by acts of violence
against the Governments of either Contracting Party.
The Governments of the two Contracting Parties further pledge themselves not
to engage in propaganda directed against the political and social systems of either
Contracting Party.
Art. VII.—The Governments of the two Contracting Parties agree to redemar-
cate their national boundaries at the Conference as provided in Article II. of the
present Agreement, and pending such redemarcation, to maintain the present
boundaries.
Art. VIII. —The Governments of the two Contracting Parties agree to regulate
at the afore-mentioned Conference the questions relating to the navigation of rivers,
lakes, and other bodies of water which are common to their respective frontiers on
the basis of equality and reciprocity.
Art. IX.—The Governments of the two Contracting Parties agree to settle at
the afore-mentioned Conference the question of the Chinese Eastern Railway in con-
formity with the principles as hereinafter provided :—
(1) The Governments of the two Contracting Parties declare that the
Chinese Eastern Railway is a purely commercial enterprise.
The Governments of the two Contracting Parties mutually declare that
with the exception of matters pertaining to the business operations which are
under the direct control of the Chinese Eastern Railway, all other matters
affecting the rights of the National and the Local Governments of the Republic
of China—such as judicial matters, matters relating to civil administration,
military administration, police, municipal government, taxation, and landed
property (with the exception of lands required by the said railway)—shall be
administered by the Chinese Authorities.
(2) The Government of the Union of Soviet Socialist Republics agrees to
the redemption by the Government of the Republic of China, with Chinese
capital, of the Chinese Eastern Railway, as well as all appurtenant properties,
and to the transfer to China of all shares and bonds of the said Railway.
(3) The Governments of the two Contracting Parties shall settle at the
Conference as provided in Article II. of the present Agreement the amount
and conditions governing the redemption as well as the procedure for the
transfer of the Chinese Eastern Railway.
(4) The Government of the Union of Soviet Socialist Republics agrees to be
responsible for the entire claims of the shareholders, bondholders and creditors
of the Chinese Eastern Railway incurred prior to the Revolution of March 9th,
1917.
138 KUSSO-CHINESE AGREEMENT
(5) The Governments of the two Contracting Parties mutually agree
that the future of the Chinese Eastern Railway shall be determined by the
Union of Soviet Socialist Republics and the Republic of China, to the exclusion
of any third party or parties.
(6) The Governments of the two Contracting Parties agree to draw up
an arrangement for the provisional management of the Chinese Eastern
Railway pending the settlement of the questions as provided under Section (3)
of the present Article.
(7) Until the various questions relating to the Chinese Eastern Railway are
settled at the Conference as provided in Article II. of the present Agreement,
the rights of the two Governments arising out of the Contract of August 27th
and September 8th, 1896, for the construction and operation of the Chinese
Eastern Railway, which do not conflict with the present Agreement and the
Agreement for the provisional management of the said railway and which do
not prejudice China’s right of sovereignty, shall be maintained.
Art. X.—The Government of the Union of Soviet Socialist Republics agrees to
renounce the special rights and privileges relating to all Concessions in any part of
China acquired by the Tsarist Government under various Conventions, Treaties,
Agreements, etcetera.
Art. XI.—The Government of the Union of Soviet Socialist Republics agrees
to renounce the Russian portion of the Boxer Indemnity.
Art. XII.—The Government of the Union of Soviet Socialist Republics agrees
to relinquish the rights of extraterritoriality and Consular jurisdiction.
Art. XIII.—The Governments of the two Contracting Parities, agree to draw up
simultaneously with the conclusion of a Commercial Treaty at the Conference, as
provided in Article II. of the present Agreement, a Customs Tariff for the two
Contracting Parties in accordance with the principles of equality and reciprocity.
Art. XIV.—The Governments of the two Contracting Parties agree to discuss
at the afore-mentioned Conference the questions relating to the claims for the com-
pensation of losses.
Art. XV.—The present Agreement shall come into effect from the date of
signature.
In witness whereof, the respective Plenipotentiaries have signed the present
Agreement in duplicate in the English language and have affixed thereto their seals.
Done at the City of Peking this fourteenth day of March, One Thousand Nine
Hundred and Twenty-four.
(Signed) Lov Mikhailovitch Kaeakhan.
Chingting Thomas Wang.
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 Grovernment 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 Foreign Powers c
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 engagements formerly exis
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 also permit for a per
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.
140 TREATY OP 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 comple
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
preceding Article and consents to the complete annexation of Korea to the Empire
of Japan.
III. —His Majesty the Emperor of Japan will a
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 ac
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 conf
grants upon those Koreans who on account of meritorious services are regarded as
deserving such special recognition.
VI. —In consequence of the aforesaid annexation
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 c
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 H
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 KOREA (CHOSEN)
I.—Entrance and Clearance of Vessels
].—Within forty-eight hours (exclusive of Sundays and holidays) after the
arrival of a British ship in a Korean port, the master shall deliver to the Korean
Customs authorities the receipt of the British Consul showing that he has deposited
the ship’s papers at the British Consulate, and he shall then make an entry of this
ship by handing in a written paper stating the name of the ship, of the port from
which she comes, of her master, the number, and, if required, the names of her
passengers, her tonnage, and the number of her crew, which paper shall be certified
by the master to be a true statement, and shall be signed by him. He shall, at the
same time, deposit a written manifest of his cargo, setting forth the marks and
numbers of the packages and their contents as they are described in the bills of
lading, with the names of the persons to whom they are consigned. The master shall
certify that this description is correct, and shall sign his name to the same. When
a vessel has been duly entered, the Customs authorities will issue a permit to open
hatches, which shall be exhibited to the Customs officer on board. Breaking bulk
without having obtained such permission will render the master liable to a fine not
exceeding one hundred Mexican Dollars.
2. —If any error is discovered in the manifest, it may be correct
four hours (exclusive of Sundays and holidays) of its being handed in, without the
payment of any fee ; but for alteration or post entry to the manifest made after
that time a fee of Five Mexican Dollars shall be paid.
3. —Any master who shall neglect to enter his vessel at the Kor
within the time fixed by this Regulation shall pay a penalty not exceeding Fifty
Mexican Dollars for every twenty-four hours that he shall so neglect to enter his ship.
4. —Any British vessel which remains in port for less than
(exclusive of Sundays and holidays) and does not open her hatches, also any vessel
driven into port by stress of weather, or only in want of supplies, shall not be required
to enter or pay tonnage dues so long as such vessel does not engage in trade.
L.—When the master of a vessel wishes to clear, he shall hand in to the Customs
authorities an export manifest containing similar particulars to those given in the
import manifest. The Customs authorities will then issue a clearance certificate and
return the Consul’s receipt for the ship’s papers. These documents must be handed
into the Consulate before the ship’s papers are returned to the master.
8.—Should any ship leave the port without clearing outwards in the manner
above prescribed, the master shall be liable to a penalty not exceeding Two Hundred
Mexican Dollars.
7.—British steamers may enter and clear on the same day, and they shall not be
required to hand in a manifest except for such goods as are to be landed or transhipped
at the port of entry.
142 REGULATIONS FOR BRITISH TRADE WITH KOREA
II.—Landing and Shipping Cargo and Payment of Duties
1. —The. importer of any goods who desires to land them sh
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 Custom
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
ad valorem duty as declared by the importer or exporter insufficient, they shall call
upon him to pay duty on the value determined by an appraisement to be made by the
Customs appraiser. But should the importer or exporter be dissatisfied with that
appraisement, he shall within twenty-four hours (exclusive of Sundays and holidays)
state his reasons for such dissatisfaction to the Commissioner of Customs, and shall
appoint an appraiser of his own to make a re-appraisement. He shall then declare
the value of the goods as determined by such re-appraisement. The Commissioner
of Customs will thereupon, at his option, either assess the duty on the value deter-
mined by this re-appraisement, or will purchase the goods from the importer or
exporter at the price thus determined, with the addition of five per cent. In the
latter case the purchase money shall be paid to the importer or exporter within five
days from the date on which he has declared the value determined by his own
appraiser.
4. —Upon all goods damaged on the voyage of importa
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
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
Korean Customs authorities, or between the hours of sunset and sunrise, or on Sundays
or holidays, without the special permission of the Customs authorities, who will be
entitled to reasonable fees for the extra duty thus performed.
7. —Claims by importers or exporters for duties paid in e
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 provisio
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
payment of duty. All goods so landed shall remain in charge of the Korean Autho-
rities,
master. But if any portionforofstorage,
and all just charges labour,beand
such cargo sold,supervision
the duties shall
of thebeTariff
paid shall
by the
be
paid on the portion so disposed of.
REGULATIONS FOR BRITISH TRADE WITH KOREA 143
10.—Any person desiring to tranship cargo shall obtain a permit from the Customs
authorities before doing so.
III.—Protection of the Revenue
1. —The Customs authorities shall have the right to place Custom
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 he treated with
civility, and such reasonable accommodation shall be allowed to them as the ship affords.
2. —The hatches and all other places of entrance into that part of th
cargo is stowed may be secured by the Korean Customs officers between the hours of
sunset and sunrise, and on Sundays and holidays, by affixing seals, locks, or other
fastenings, and if any person shall, without due permission, wilfully open any entrance
that has been so secured, or break any seal, lock, or other fastening that has been
affixed by the Korean Customs officers, not only the person so offending, but the master
of the ship, also, shall be liable to a penalty not exceeding One Hundred Mexican
Dollars.
3. —Any British subject who ships, or attempts to ship, or discharge
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 in
the revenue of Korea shall be liable to a. fine not exceeding Two Hundred Mexican
Dollars.
5. —Any violation of any provision of these Regulations, to which
specially attached therein, may be punished by a fine not exceeding One Hundred
Mexican Dollars.
Note.—All documents required by these Regulations, and all other communications
addressed to the Korean Customs authorities, may be written in the English language.
[l.s.] Harry S. Parkes.
Min Yong-mok.
TREATIES WITH JAPAN
GREAT BRITAIN
TREATY OE COMMERCE AND NAVIGATION BETWEEN
GREAT BRITAIN AND JAPAN
Signed at London, 16th July, 1894
Ratifications Exchanged at Tokyo, 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, Viscount Aoki Siuzo, Junii, First Class
of the Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary
and Minister Plenipotentiary at the Court of St. James’ ;
Who, after having communicated to each other their full powers, found to be
in good and due form, have agreed upon and concluded the following Articles :—
Article I.—The subjects of each of the two high contracting parties shall have
full liberty to enter, travel, or reside in any part of the dominions and possessions
of the other contracting party, and shall enjoy full and perfect protection for their
persons and property.
They shall have free and easy access to the Courts of Justice in pursuit and
defence of their rights; they shall be at liberty equally with native subjects to
choose and employ lawyers, advocates, and representatives to pursue and defend
their rights before such Courts, and in all other matters connected with the
administration of justice they shall enjoy all the rights and privileges enjoyed by
native subjects.
In whatever relates to rights of residence and travel; to the possession of goods
and effects
and of any ofkind;
the disposal to theofsuccession
property any sort into any
personal
mannerestate, by willwhich
whatsoever or otherwise,
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
6ajoy 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 high than those that are, or may be, paid by native subjects, or
subjects or citizens of most favoured nation.
TEEATY BETWEEN GREAT BEITAIN AND JAPAN 145
Article II.—The subjects of either of the contracting parties residing in the
dominions and possessions of the other shall be exempted from all compulsory
military service whatsoever, whether in the army, navy, national guards, or militia,
from all contributions imposed in lieu of personal service; and from all forced loan
or military exactions or contributions.
Article III.—There shall be reciprocal freedom of commerce and navigation
'between the dominions and possessions of the two high contracting parties.
The subjects of each of the high contracting parties may trade in any part of
The dominions and possessions of the other by wholesale or retail in all kinds of
produce, manufactures, and merchandise of lawful commerce, either in person or by
agents, singly, or in partnership with foreigners or native subjects: and they may
there own or hire and occupy the houses, manufactories, warehouses, shops, and
.premises which may be necessary for them, and lease land for residential and
^commercial purposes, conforming themselves to the Laws, Police, and Customs
'Regulations of the country like native subjects.
They shall have liberty to come with their ships and cargoes to all places, ports,
and rivers in the dominions and possessions of the other which are or may be
opened to foreign commerce, and shall enjoy, respectively, the same treatment, in
matters of commerce and navigation, as native subjects, or subjects or citizens of the
most favoured nation, without having to pay taxes, imposts, or duties, of whatever
nature or under whatever denomination levied in the name or for the profit of
the Government, public functionaries, private individuals, corporations, or establish-
ments of any kind, other or greater than those paid by native subjects, or subjects
or citizens of the most favoured nation, subject always to the Laws, Ordinances, and
Regulations of each country.
Article TV. — The dwellings, manufactories, warehouses, and shops of the
subjects of each of the high contracting parties in the dominions and possessions
of the other, and all premises appertaining thereto destined for purposes of residence
or commerce, shall be respected.
It shall not be allowable to proceed to make a search of, or a domiciliary visit to,
such dwellings and premises, or to examine or inspect books, papers, or accounts
except under the conditions and with the forms prescribed by the Laws, Ordinances,
and Regulations for subjects of the country.
Article Y.—No other or higher duties shall be imposed on the importation into
the dominions and possessions of Her Britannic Majesty of any article, the produce
or manufacture of dominions and possessions of His Majesty the Emperor of Japan,
from whatever place arriving; and no other or higher duties shall be imposed on the
importation into the dominions and possessions of His Majesty the Emperor of
Japan of any article, the produce or manufacture of the dominions and possessions
of Her Britannic Majesty, from whatever place arriving than on the like article
^produced or manufactured in any other foreign country; nor shall any prohibition
be maintained or imposed on the importation of any article, the produce or
manufacture of the dominions and possessions of either of the high contracting
parties, into the dominions and possessions of the other, from whatever place
arriving, which shall not equally extend to the importation of the like article, being
The produce or manufacture of any other country. This last provision is not applicable
to the sanitary and other prohibitions occasioned by the necessity of protecting the
-safety of persons, or of cattle, or of plants useful to agriculture.
Article YI.—No other or higher duties or charges shall be imposed in the
dominions and possessions of either of the high contracting parties on the exporta-
tion of any article to the dominions 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 imposed on the exportation of any article from
the dominions and possessions of either of the two contracting parties to the
dominions and possessions of the other which shall not equally extend to the
exportation of the like article to any other country.
Article VII.—The subjects of each of the high contracting parties shall enjoy
146 TREATY BETWEEN GREAT BRITAIN AND JAPAN
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 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 may likewise be imported into those ports in British vessels, without being
liable to any other or higher duties or charges of whatever denomination than if such-
articles were imported in Japanese vessels; and, reciprocally, all articles which are or
may be legally imported into the ports of the dominions and possessions of Her
Britannic Majesty in British vessels may likewise be imported into those ports in
Japanese vesssels, without being liable to any other or higher duties or charges of
whatever denomination than if such articles were imported in British vessels. Such
reciprocal equality of treatment shall take effect without distinction, whether such
articles come directly from the place of origin or from any other places.
In the same manner there shall be perfect equality of treatment in regard to-
exportation, so that the same export duties shall be paid and the same bounties and
drawbacks allowed in the dominions and possessions of either of the high contract-
ing parties on the exportation of any article which is or may be legally exported,
therefrom, whether such exportation shall take place in Japanese or in British
vessels, and whatever may be the place of destination, whether a part of either or
the contracting parties or of any third Power.
Article IX.—Ho 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^
■ asbetween
heretofore, for the open
the existing periodports
of theof the
duration of the
Empire, presenttoTreaty,
excepting or fromto the
carryports
cargoof
Osaka, Niigata, and Ebisu-minato.
TEEAT Y BETWEEN GREAT BRITAIN AND JAPAN 147
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-General, Consul, Vice-Consul, or Consular Agent of the district
of the occurrence, or, if there be no such Consular officer, they shall inform the
■Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest district.
All proceedings relative to the salvage of Japanese vessels wrecked or cast on
shore in the territorial waters of Her Britannic Majesty shall take place in accordance
with the Laws, Ordinances, and Regulations of Great Britain, and, reciprocally, all
measures of salvage relative to British vessels wrecked or cast on shore in the
territorial waters of His Majesty the Emperor of Japan shall take place in accordance
with the Laws, Ordinances, and Regulations of Japan.
Such stranded or wrecked ship or vessel, and all parts thereof, and all furniture,
and appurtenances belonging thereunto, and all goods and merchandise saved
therefrom, including those which may have been cast into the sea, or the proceeds
thereof, if sold, as well as all papers found on board such stranded or wrecked ship
•or vessel, shall be 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 order to afford the necessary assistance to the subjects of the respective
States. The same rule shall apply in case the owner, master, or other agent is
present, but requires such assistance to be given.
Article XIII.—All vessels which, according to Japanese law, are to be deemed
Japanese vessels, and all vessels which, according to British law, are to be deemed
British vessels, shall, for the purposes of this Treaty, be deemed Japanese and
British vessels respectively.
Article 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.
/
148 TREATY BETWEEN GREAT BRITAIN AND JAPAN
Article XVI.—Each of the high contracting parties may appoint Oonsuls-
General, Consuls, Vice-Consuls. Pro-Consuls, and Consular Agents in all the ports,,
cities, and places of the other, except in those where it may not he convenient to
recognize such officers.
This exception, however, shall not be made in regard to one of the contracting
parties without being made likewise in regard to every other Power.
The Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents
may exercise all functions, and shall enjoy all privileges, exemptions, and immunities-
which are or may hereafter be granted to Consular officers of the most favoured nation.
Article XVII.—The subjects of each of the high contracting parties shall
enjoy in the dominions and possessions of the other the same protection as native
subjects in regard to patents, trade marks, and designs, upon fulfilment of the-
formalities prescribed by law.
* Article XVIII.—Her Britannic Majesty’s Government, so far as they are
concerned, give their consent to the following arrangement:—
The several foreign Settlements in Japan shall be incorporated with the
respective Japanese Communes, and shall thenceforth form part of the general
municipal system of Japan.
The competent Japanese authorities shall thereupon assume all municipal obliga-
tions and duties in respect thereof, and the common funds and property, if any, be-
longing to such Settlements, shall at the same time be transferred to the said Japanese-
authorities.
When such incorporation takes place existing leases in perpetuity under which
property is now held in the said Settlements shall be confirmed, and no conditions
whatsoever other than those contained in such existing leases shall be imposed in
respect of such property. It is, however, understood that the Consular authorities
mentioned in the same are in all cases to be replaced by the Japanese authorities.
All lands which may previously have been granted by the Japanese Government
free of rent for the public purposes of the said Settlements shall, subject to the
right of eminent domain, be permanently reserved free of all taxes and charges for
the public purposes for which they were originally set apart.
Article XIX.—The stipulations of the present Treaty shall be applicable, so
far as the laws permit, to all the Colonies and foreign possessions of Her Britannic
Majesty, excepting to those hereinafter named, that is to say, except to—
India. South Australia. Queensland. New South Wales
The Cape. fThe Dominion of Canada. Western Australia. Tasmania.
Victoria. Natal. Newfoundland. New Zealand.
Provided always that the stipulations of the present Treaty shall be made
applicable to any of the above-named Colonies or foreign possessions on whose behalf
notice to that effect shall have been given to the Japanese Government by Her
Britannic Majesty’s ftepresentative at Tokyo within two years from the date of the
exchange of ratifications of the present Treaty.
Great* Owing
clause with
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part regarding
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Legal Adviser
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On January 31st,to1906,
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of Canada.
TREATY BETWEEN GREAT BRITAIN AND JAPAN 149'
Article XX.—The present Treaty shall, from the date it comes into force, be
substituted in place of the Conventions respectively of the 23rd day of the 8th
month of the 7th year of Kayai, corresponding to the 14th day of October, 1854,
and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to
the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th
year of Ansei, corresponding to the 26th day of August, 1858, and all Arrangements
and Agreements subsidiary thereto concluded or existing between the high con-
tracting parties; and from the same date such Conventions, Treaty, Arrangements
and Agreements shall cease to be binding, and, in consequence, the jurisdiction
then exercised by British Courts in Japan, and all the exceptional privileges, exemp-
tions, and immunities then enjoyed by British subjects, as a part of or appurtenant
to such jurisdiction, shall absolutely and without notice cease and determine, and
thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts.
Article XXI.—The present Treaty shall not take effect until at least five years
after its signature. It shall come into force one year after His Imperial Japanese
Majesty’s Government shall have given notice to Her Britannic Majesty’s Govern-
ment of its wish to have the same brought into operation. Such notice may be given
at any time after the expiration of four years from the date hereof. The Treaty shall
remain in force for the period of twelve years from the date it goes into operation.
Either high contracting party shall have the right, at any time after eleven
vears 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 than six months from
the present date.
In witness whereof the respective Plenipotentiaries have signed the same and
have affixed thereto the seal of their arms.
Hone at London, in duplicate, this sixteenth day of the seventh month of the
twenty-seventh year of Meiji.
[l.s.] Kimberley.
„ Aoki.
Protocol
The Government of Her Majesty the Queen of Great Britain and Ireland and
Empress of India, and the Government of His Majesty the Emperor of Japan, deeming
it advisable in the interests of both countries to regulate certain special matters of
mutual concern, apart from the Treaty 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 V. and XV. of the Treaty signed this day, be applicable to the Articles
therein enumerated, being the growth, produce, or manufacture of the dominions
and possessions of Her Britannic Majesty, upon importation into Japan. But
nothing contained in this Protocol, or the Tariff hereunto annexed, shall be held to
limit or qualify the right of the Japanese Government to restrict or to prohibit
the importation of adulterated drugs, medicines, food, or beverages, indecent or
obscene prints, paintings, books, cards, lithographic or other engravings, photographs,
or any other indecent or obscene articles; articles in violation of patent, trade-mark,
or copy-right laws of Japan, or any other article which for sanitary reasons, or ini
view of public security or morals, might offer any danger.
150 TREATY BETWEEN GREAT BRITAIN AND JAPAN
The ad valorem duties established by the said Tariff shall, so far as may be
deemed practicable, be converted into specific duties by a supplementary Convention,
which shall be concluded between the two Governments within six months from the
date of this Protocol; the medium prices, as shown by the Japanese Customs
Returns during the six calendar months preceding the date of the present Protocol,
with the addition of the cost of insurance and transportation from the place of
purchase, production or fabrication, to the port of discharge, as well as commission,
if any, shall be taken as the basis for such conversion. In the event of the
Supplementary Convention not having come into force at the expiration of the period
for the said Tariff to take effect, ad valorem duties in conformity with the rule
recited at the end of the said Tariff shall, in the meantime, be levied.
In respect of articles not enumerated in the said Tariff, the General 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 XY. 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
subjects, agrees to extend the existing passport system in such a manner as to allow
British subjects, on the production of a certificate of recommendation from the
British Representative in Tokyo, or from any of Her Majesty’s Consuls at the open
ports in Japan, to obtain upon application passports available for any part of the
country, and for any period not exceeding twelve months, from the Imperial Japanese
Foreign Office in Tokyo, or from the chief authorities in the Prefecture in which an
open port is situated ; it being understood that the existing Rules and Regulations
governing British subjects who visit the interior of the Empire are to be maintained.
3. —The Japanese Government undertakes, before the
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
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
submitted to the two high contracting parties at the same time as the Treaty of
Commerce and Navigation signed this day, and that when the said Treaty is ratified
the agreements contained in the Protocol shall also equally be considered as
approved, without the necessity of a further formal ratification.
It is agreed that this Protocol shall terminate at the same time the said Treaty
ceases to be binding.
In witness whereof the respective Plenipotentiaries have signed the same, and
have affixed thereto the seal of their arms.
Done at London, in duplicate, this sixteenth day of July, in the year of our
Lord one thousand eight hundred and ninety-four.
[L.S.] Kimbekley. [l.s.] Akoi.
CONVENTION BETWEEN THE UNITED KINGDOM AND
JAPAN EOR THE PROTECTION OE THE ESTATES
OE DECEASED PERSONS
Signed at Tokyo, April 26th, 1900
Ratifications exchanged at Tokyo, 25th October, 1900
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 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 Aold Siuzo, Junu, 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 delivered 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 his 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 his or her
mother, 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.
152 CONVENTION BETWEEN JAPAN AND INDIA
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 Government 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 duplicate, 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, Eirst
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 and 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;
CONEVENTION BETWEEN JAPAN AND INDIA 153
Who, having 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 present 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 Government shall communicate from time to time to
the Imperial Government of Japan a list gf 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 six
months from the day on which one of the high contracting parties shall have
announeed the intention of terminating it.
In witness whereof the above-mentioned Plenipotentiaries have signed tbe
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 OF COMMERCE AND NAVIGATION BETWEEN
GREAT BRITAIN AND JAPAN
Signed at London, 3rd April, 1911
Preamble
His Majesty the Emperor of Japan and His Majesty the King of the United
Kingdom of Great Britain and Ireland and of the British Dominions beyond the
Seas, Emperor of India, being desirous to strengthen the relations of amity and
good understanding which happily exist between them and between their subjects,
and to facilitate and extend the commercial relations between their two countries,
have resolved to conclude a Treaty of Commerce and Navigation for that purpose,
and have named as their Plenipotentiaries, that is to say:
154 TREATY OF COMMERCE AND NAVIGATION
His Majesty the Emperor of Japan, His Excellency Monsieur Talcaaki Kato,
Jusammi, First Class of the Order of the Sacred Treasure, His Imperial Majesty’s
Ambassador Extraordinary and Plenipotentiary at the Court of St. James; and His
Majesty the King of the United Kingdom of Great Britain and Ireland and of the
British Dominions beyond the Seas, Emperor of India, the Right Honourable Sir
Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His
Majesty’s Principal Secretary of State for Foreign Affairs; who, after having com-
municated to each other their respective full powers, found to be in good and due
form, have agreed upon the following Articles:—
Art. I.—The subjects of each of the high contracting parties shall have full
liberty to enter, travel, and reside in the territories of the other, and, conforming
themselves to the laws of the country—
1. —Shall in all that relates to travel and residence be pla
the same footing as native subjects.
2. —They shall have the right, equally with native subj
commerce and manufacture, and to trade in all kinds of merchandise of lawful com-
merce, either in person or by agents, singly or in partnerships with foreigners or
native subjects.
3. —They shall in all that relates to the pursuit of their in
fessions, and educational studies be placed in all respects on the same footing as the
subjects or citizens of the most favoured nation.
4. —They shall be permitted to own or hire and occupy h
warehouses, shops, and premises which may be necessary for them, and to leas0
land for residential, commercial, industrial, and other lawful purposes, in the sam0
manner as native subjects.
5. —They shall, on condition of reciprocity, be at full
possess every description of property, movable or immovable, which the laws of the
country permit or shall permit the subjects or citizens of any other foreign country
to acquire and possess, subject always to the conditions and limitations prescribed in
such laws. They may dispose of the same by sale, exchange, gift, marriage, testa-
ment, or in any other manner, under the same conditions which are or shall be estab-
lished with 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
higher duties that those to which subjects of the country would be liable under
similar circumstances.
6. —They shall enjoy constant and complete protection
persons and property; shall have free and easy access to the Courts of Justice and
other tribunals in pursuit and defence of their claims and rights; and shall have full
liberty, equally with native subjects, to choose and employ lawyers and advocates to
represent them before such Courts and tribunals; and generally shall have the same
rights and privileges as native subjects in all that concerns the administration
of justice.
7. —They shall not be compelled to pay taxes, fees, charg
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
all that relatesthey shall enjoy
to facilities for awarehousing
perfect equality
underof bond,
treatment with and
bounties, nativedrawbacks.
subjects in
Art. II.—The subjects of each of the high contracting parties in the territories
of the other shall be exempted from all compulsory military services, whether in the
army, navy, national guard, or militia; from all contributions imposed in lieu of
personal service; and from all forced loans and military requisitions or contributions
unless imposed on them equally with native subjects as owners, lessees, or occupiers
of immovable property.
BETWEEN GREAT BRITAIN AND JAPAN 155
In the above respects the subjects of each of the high contracting parties shall
not be accorded in the territories of the other less favourable treatment than that
which is or may be accorded to subjects or citizens of the most favoured nation.
Art. III.—The dwellings, warehouses, manufactories, and shops of the subjects
of eacb of the high contracting parties in the territories of the other, and all pre-
mises appertaining thereto used for lawful purposes, shall be respected. It shall not
be allowable to proceed to make a domiciliary visit to, or a search of, any such
buildings and premises, or to examine or inspect books, papers, or accounts, except
under the conditions and with the forms prescribed by the laws for native subjects.
Art. IV.—Each of the high contracting parties may appoint Consuls-General,
Consuls, Vice-Consuls, and Consular Agents in all ports, cities, and places of the
other, except in those where it may not be convenient to recognise such officers.
This exception, however, shall not be made in regard to one of the high contracting
parties without being made likewise in regard to all other Powers.
Such Consuls-General, Consuls, Vice-Consuls, and Consular Agents, having re-
ceived exequaturs or other sufficient authorisations from the Government of the
country to which they are appointed, shall have the right to exercise their functions,
and to enjoy the privileges, exemptions, and immunities which are or may be granted
to the Consular officers of the most favoured nation. The Government issuing ex-
equaturs or other authorisations has the right in its discretion to cancel the same on
explaining the reasons for which it is thought proper to do so.
Art. V.—In case of the death of a subject of one of the high contracting
parties in the territories of the other, without leaving at the place of his decease any
person entitled by the laws of his country to take charge of and administer the
estate, the competent Consular officer of the State to which the deceased belonged
shall, upon fulfilment of the necessary formalities, be empowered to take custody of
and administer the estate in the manner and under the limitations prescribed by the
law of the country in which the property of the deceased is situated.
The foregoing provision shall also apply in case of a subject of one of the high
contracting parties dying outside the territories of the other, but possessing property
therein, without leaving any person there entitled to take charge of and administer
the estate.
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. VII.—Articles, the produce or manufacture of the territories of one high
contracting party, upon importation into the territories of the other, from whatever
place arriving, shall enjoy the lowest rates of Customs duty applicable to similar
articles of any other foreign origin.
No prohibition or restriction shall be maintained or imposed on the importation
of any article, the produce or manufacture of the territories of either of the high
contracting parties, into the territories of the other, from whatever place arriving,
which shall not equally extend to the importation of the like articles, being the pro-
duce or manufacture of any other foreign country. This provision is not applicable
to the sanitary or other prohibitions occasioned by the necessity of securing the
safety of persons, or of cattle, or of plants useful to agriculture.
,156 TREATY OF COMMERCE AND NAVIGATION
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
imposed on the exportation of any article from the territories of either of the two
High Contracting Parties to the territories of the other which shall not equally
extend to the exportation of the like article to any other foreign country.
Art. X,—Articles, the produce or manufacture of the territories of one of the
high contracting 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 merchanls, 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 the time of ex-
portation, and the officially-attested list of such samples containing a full description
thereof issued by them, shall by reciprocally accepted by the Customs officials of the
other as establishing their character as samples and exempting them from inspection
except so far as may be necessary to establish that the samples produced are those
BETWEEN GREAT BRITAIN AND JAPAN 157
•enumerated in the list. Tlie Customs authorities of either country may, however,
affix a supplementary mark to such samples in special cases where they may think
this precaution necessary.
Art. XIV. —The Chambers of Commerce, as well as such other Trade Association,
and other recognised Commercial Associations in the territories of the high con-
tracting Parties as may be authorised in this behalf, shall be mutually accepted as
competent authorities for issuing any certificates that may be required for com-
mercial travellers.
Art. XV.—-Limited liability and other companies and associations, commercial,
industrial, and financial, already or hereafter to be organised in accordance with the
laws of either high contracting party, are authorised, in the territories of the others
to exercise their right and appear in the Courts either as plaintiffs or defendants,
-subject to the laws of such other party.
Art. XVI.—Each of the high contracting parties shall permit the importation or
exportation of all merchandise which may be legally imported or exported, and also
the carriage of passengers from or to their respective territories, upon the vessels of
the other; and such vessels, their cargoes, and passengers, shall enjoy the same
privileges as, and shall not be subjected to, any other or higher duties or charges
than national vessels and their cargoes and passengers.
Art. XVII.—In all that regards the stationing, loading, and unloading of vessels
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 the vessels of the other country; the intention of
the high contracting parties being that in these respects also the vessels of the two
countries shall be treated on the footing of perfect equality.
Art. XVIII.—All vessels which according to Japanese law are to be deemed
Japanese vessels, and all vessels which according to British law are to be deemed
British vessels, shall, for the purpose of this Treaty, be deemed Japanese and British
vessels respectively.
Art. XIX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or
ether analogous duties or charges of whatever nature, or under whatever denomina-
tion, levied in the name or for the profit of Government, public functionaries, private
individuals, corporations or establishments of any kind, shall be imposed in the ports
of either country upon the vessels of the other which shall not equally, under the
same conditions, be imposed in like cases on national vessels in general, or vessels to
the most-favoured nation. Such equality of treatment shall apply to the vessels of
either country from whatever place they may arrive and whatever may be their
destination.
Art. XX.—Vessels charged with performance of regular scheduled postal service
of one of the high contracting parties shall enjoy in the territorial waters of the
other the same special facilities, privileges, and immunities as are granted to like
vessels of the most favoured nation.
Art. XXI.—The coasting trade of the high contracting parties is excepted from
the provisions of the present Treaty, and shall be regulated according to the laws of
Japan and the United Kingdom respectively. It is, however, understood that the
subjects and vessels of either high contracting party shall enjoy in this respect
most favoured nation treatment in the territories of the other.
other,Japanese andtheBritish
either for vessels
purpose may, nevertheless,
of landing the whole orproceed
part offrom
theironepassengers
port to an-
or
cargoes brought from abroad, or of taking on board the whole or part of their pas-
sengers or cargoes for a foreign destination.
It is also understood that, in the event of the coasting trade of either country being
exclusively reserved to national vessels, the vessels of the other country, if engaged
in trade to or from places not within the limits of the coasting trade so reserved,
shall not be prohibited from the carriage between two ports of the former country of
passengers holding through tickets or merchandise consigned on through bills of lad-
ing to or from places not within the above-mentioned limits, and while engaged in
158 TREATY OF COMMERCE AND NAVIGATION
such carriage these vessels and their cargoes shall enjoy the full privileges of this-
Treaty.
Art. XXII.r—If any seaman should desert from any ship belonging to either of the-
high contracting parties in the territorial waters of the other, the local authorities
shall, within the limits of law, be bound to give every assistance in their power for
the recovery of such deserter, on application to that effect being made to them by the-
competent Consular officer of the country to which the ship of the deserter may belong,
accompanied by an assurance that all expense connected therewith will be repaid.
It is understood that this stipulation shall not apply to the subjects of the-
country where the desertion takes place.
Art. XXIII.—Any vessel of either of the high contracting parties which may be
compelled, by stress of weather or by accident, to take shelter in a port of the other
shall be at liberty to refit therein, to procure all 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 bo-
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 or be-
wrecked upon the coasts of the other, such vessel, and all parts thereof, and all
furniture and appurtenances belonging thereunto, and all goods and merchandise-
saved therefrom, including any which may have been cast into the sea, or the pro-
ceeds thereof, if sold, as well as all papers found on board such stranded or wrecked,
vessel, shall be given up to the owners or their agents when claimed by them. If
there are no such owners or agents on the spot, then the same shall be delivered to*
the Japanese or British Consular officer in whose district the wreck or stranding may
have taken place upon being claimed by him within the period fixed by the laws of
the country, and such Consular officer, owners, or agents shall pay only the expenses
incurred in the preservation of the property, together with the salvage or other ex-
penses which would have been payable in the like case of a wreck or stranding of a
national vessel.
The high contracting parties agree, moreover, that merchandise saved shall not
be subjected to the payment of any Customs duty unless cleared for internal con-
sumption.
In the case either of a vessel being driven in by stress of weather, run aground,,
or wrecked, the respective Consular officers shall, if the owner or master or other
agent of the owner is not present, or is present and requires it, be authorised to
interpose in order to afford the necessary assistance to their fellow-countrymen.
Art. XXIV".—The high contracting pax-ties 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 couixtry
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.
BETWEEN GREAT BRITAIN AND JAPAN 159
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 tenninate 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) Takaaki Kato [l.s.]
„ E. Crey ,,
SCHEDULE
No. in Japanese Description of
Statutory Tariff. Article. We4h°t
.266.—Paints:—
4. Other:
A. Each weighing not more than 6 kilogrammes including the
weight of the receptacle 100 kins 4.25
(including receptacles)
B. Other 100 kins 3.30
275.—Linen Yarns:—
1. Single:
A. Gray 8.60
B. Other 9.25
298.—Tissues of Cotton:—
1. Velvets, plushes, and other pile tissues, with piles cut or uncut:
A. Gray 25.50
B. Other ... 30.00
7. 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 15.30
fe. 27 „ „ 20.70
c. 35 „ „ 28.70
d. 43 „ „ 38.00
e. More than 43 threads ... 51.30
160 TREATY OF COMMERCE AND NAVIGATION
No. in Japanese Description of Unit of
Statutory Tariff. Article. Weight, ^en
A2. Weighing not more than 10 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less 100 kins 8.30-
b. 27 „ „ „ 10.50
c. 35 „ „ „ 13.50
d. 43 „ „ „ 16.50-
e. More than 43 threads „ 18.70
Ao. Weighing not more than 20 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less „ 6.70'
b. 27 „ „ „ 8.30'
c. 35 „ „ „ 10.50
d. 43 „ „ „ 13.50-
e. More than 43 threads „ 14.70-
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. 19 threads or less „ 6.00*
b. 27 „ „ „ 6.70
c. 35 „ „ „ 8.00
d. 43 „ „ „ 10.70
e. More than 43 threads ,, 13.30
A5. Other „ 9.30
B. Bleached simply ...The above duties on gray tissues plus 3 yen per 100 kins
O. .Other ,, „ „ 7 „ „
299. Other:
A. Gray:
Al. Weighing not more than 5 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
19 threads or less ... 100 kins 16.00
27 „ 21.30
c. 35 „ 29.30
d. 43 „ 39.30
e. More than 43 threads „ 53.30
A2. Weighing not more than 10 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less ... 8.00
ftc.- 27 10.00
35 ,, ,, 14.30
d. 43 18.00
e. More than 43 threads 20.00
A3. Weighing not more than 20 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 27 threads or less 8.00
b. 35 „ „ 11.30
c. 43 15.00
d. More than 43 threads 18.80
BETWEEN GEEAT BRITAIN AND JAPAN 161
e
No. in Japanese Description of Unit of ?^
ot .
StatutoryJ Tariff. Article. &
Weight. in Yen.
J.4. Weigbing 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 ICO kins 7.30
b. 35 „ „ „ 8.70
c. 43 „ „ „ 11.30
d. More than 43 threads „ 14.70
A5. Other ... „ 10.00
B. Bleached simply ... The above duties on gray tissues plus 3 yen per 100 kins
C. Other „ „ „ „ 7
301.—Tissues of wool, and mixed tissues of wool and cotton, of wool and silk, or of
wool, cotton and silk :—
2. Other:
A. Of wool:
b. Weighing not more than 200 grammes per square metre ...100 kins 57.50
c. „ „ 500 „ „ ... „ 45.00
d. Other „ 40.00
B. Of wool and cotton :
c. Weighing not more than 500 grammes per square metre ... „ 30.00
d. Other „ 18.00
462.—Iron: —
1. In lumps, ingots, blooms, billets and slabs :
A. Pig iron 00.83
4. Plates and Sheets :
A. Not coated with metals :
AS. Other:
a. Not exceeding 0.7 millimetres in thickness „ 0.30
B. Coated with base metals:
PI. Tinned (tinned iron sheets and tinned steel sheets) :
a. Ordinary ,, 0.70
P2. Galvanised (corrugated or not) „ 1.20
Part IT.
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 (JJrusJii).
9. —Rape-seed oil.
10.—Cloisonne wares.
6
UNITED STATES OF AMERICA
EXTRADITION TREATY BETWEEN THE UNITED STATES
OE AMERICA AND JAPAN
Signed at Tokyo, on the 29th April, 1886
Ratified at ToTtyo, 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 better 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 Contracting Parties engage to deliver up to each other, under
the circumstances and conditions stated in 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.—Counterfeiting or altering money, or uttering or bringing into circulation
counterfeit or altered money, counterfeiting certificates or coupons of public indebted-
ness, bank notes, or other instruments of public credit of either of the patries, and
the utterance or circulation of the same.
3-—Forgery, or altering and uttering what is forged or altered.
4.
the jurisdiction of either—Embezzlement or criminal malversation of the p
party, by the public officers or depositaries.
5. —Robbery.
6. —Burglary, defined to be the breaking and ente
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 the day or night time, with
the intent to commit a felony therein.
ment7*—The act ofauthorities,
and public entering, oror ofthebreaking
offices ofand entering,
banks, the offices ofsavings-banks,
banking-houses, the Govern-
trust companies, insurance or other companies, with the intent to commit a felony
therein.
8-—Perjury or subornation of perjury.
9.—Rape.
10.—Arson.
II"—Piracy by the law of nations.
EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN 163
12. —Murder, assault with intent to kill, and manslaughter co
high seas, on board a ship bearing the flag of the demanding country.
13. —Malicious destruction of, or attempt to destroy, railways
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 the crime 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. V.—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 oificers.
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
aulhority upon probable cause for the arrest of a fugitive criminal charged with any
of the 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 tn
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. VII.—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. VIII.—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 in the
eighteen hundred and eighty-sixth year of the Christian era.
(Signed) [l.s.] Inouye Kaoru.
„ „ Richard B. Hubbard.
G*
RUSSIA
TREATY OE PEACE BETWEEN JAPAN AND RUSSIA
Signed at Portsmouth, U.S.A., August 23rd, 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 amity 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 placed 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 taking
any military measure which may menace the security of Russian or Korean territory.
Art. III.—Japan and Russia mutually engage—
(1.) To evacuate completely and simultaneously Manchuria, except the territory
afiected by the lease of the Liaotung Peninsula, in conformity with the provisions of
additional Article I. annexed to this Treaty; and
(2.) To restore entirely and completely to the exclusive administration of China
all portions of Manchuria now in the occupation or under the control of 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 common to all countries which China may take for the development of the
commerce and industry of Manchuria.
TREATY BETWEEN JAPAN AND RUSSIA 165
Art. V.—The Imperial Russian Government transfer and assign to the Imperial
Government of Japan, with the consent of the Government of China, the lease of
Port Arthur, Talien, and adjacent territory and territorial waters, and all rights,
privileges, and concessions connected with or forming part of such lease, and they
also transfer and assign to the Imperial Government of 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 proprietary
rights of Russian subjects in the territory above referred to shall be perfectly
respected.
Art. YI.—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 said 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.—Japan 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
affected by the lease of the Liaotung Peninsula.
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
Saghalien 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.
Japan and Russia mutually agree not to construct in their respective possessions
on the Island of Saghalien or the adjacent islands, any fortifications or other similar
military works. They also respectively engage not to take any military measures
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 respected.
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 those 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 the footing of the most favoured nation, in which are included import and export
TREATY BETWEEN JAPAN AND RUSSIA
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 posible 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 Commissioner of the other Government or by his duly auothorised 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 by 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 the 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 St. 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 possible.
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 ninth month of the
thirty-eighth year of Meiji, corresponding to the twenty-third day of August (fifth
September N.S.), one thousand nine hundred and five.
Serge Witte. Jutaro Eomura.
Rosen. K. Takahira.
Supplementary Agreement
In conformity with the provisions of Articles III. and IX. of the Treaty of
Peace between Japan and Russia of this date, the undersigned Plenipotentiares 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
TKEA.TY BETWEEN JAPAN AND RUSSIA 167
shall not exceed 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 North 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.
Serge 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.
ISWOLSKY.
JRUSSO-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 Russian Railways in Manchuria, conformably to the provisions of Art. VIII.
of the Treaty of Peace signed at Portsmouth on September 5 (August 28,
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 Russia, being duly authorized for the
purpose by their respective Governments, have agreed, and concluded the following
Articles, under the title of Provisionary.
Regarding the provisions of this Convention which concern the Southern Man-
churian Railway Company on the one part and the Chinese Eastern Railway Company
on the other, the two Governments enga,ge mutually to take necessary 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 the Kuanchengtze station of the Chinese Eastern Railway. The
Southern Manchurian Railway Company shall prolong its line at the gauge adopted
by that Company from the Tchantchun station of the said Company to the limit of the
Kuanchengtze station of the Chinese Eastern Railway 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 Railway to the platform of the Russian
Kuanchengtze station. The Chinese Eastern Railway shall construct in prolongation
of its line, a railway of the gauge of 1 metre "524 (Russian gauge of 5 English feet)
from the platform of the Russian Kuanchengtze station to the limit of that station, and
the Southern Manchurian Railway Company shall construct a line of the same gauge in
continuation to the prolongation of the Russian Railway constructed by the Chinese
Eastern Railway Company to the Japanese Tchantchun station.
The point of junction of the two sections of the Japanese and Russian railways
and the plans of that junction shall be resolved upon in common accord between the
two companies.
Art. II.—The Southern Manchurian Railway Company as well as the Chinese
Eastern Railway 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 by 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 takes 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.
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 Tchantchun.
The freight trains of the Southern Manchurian 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
Tchantchun, 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, conformatory 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
co-ordinating 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 of 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 regulated by the decision of the two respective Governments, arrived at in
common after 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) Iswolsky.
„ I. Motono.
170 EUSSO-JAPANESB RAILWAY CONVENTION
Peotocol
At the moment of proceeding to the signature of the Provisionaiy Convention
for the connection of the Japanese and Eussian 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 Taokiatun, 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 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. 2223 in
the plan here 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 Southern Manchurian Railway Company, and on the other 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 40th
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 Eussia,
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 Eussia’s interests.
Eussia shall not become party to any political Convention or Alliance aimed at
counteracting Japan’s interests.
Art. 2.—In the event of the 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 Eussia 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 Governments, have affixed their names and seals.
Done this day July 3rd, 1916 (June 20th, 1916, O.S.) at Petrograd.
Motono Ichiro.
Sazanoff.
RUSSO-JAPANESE CONVENTION
Signed at Peking, January 20th, 1925
The following is the official English text in the Russo-Japanese Convention :—
Convention embodying basic rules of the relations between Japan and the
Union of Soviet Socialist Republics.
Japan and the Union of Soviet Socialist Republics, desiring to promote relations
of good neighbourhood and economic co-operation between them, have resolved to
conclude a convention embodying basic rules in regulation of such relations and, to
that end, have appointed as their Plenipotentiaries, that is to say : —
His Majesty the Emperor of Japan:
Kenkichi Toshizawa, Envoy Extraordinary and Minister Plenipotentiary to
the Republic of China, Jushii, a member of the Pirst Class of the
Imperial Order of the Sacred Treasure;
The Central Executive Committee of the Union of Soviet Socialist Republics:
Lev Mikhailovitch Karakhan, Ambassador to the Republic of China;
Who, having communicated to each other their respective full powers, found
to be in good and due form, have agreed as follows:—
Article I
The High Contracting Parties agree that with the coming into force of the
present Convention, diplomatic and consular relations shall be established between
them.
Article II
The Union of Soviet Socialist Republics agrees that the Treaty of Portsmouth
of September 5th, 1905, shall remain in full force.
It is agreed that the Treaties, Conventions and Agreements, other than the
said Treaty of Portsmouth which were concluded between Japan and Russia prior
to November 7th, 1917, shall be re-examined at a Conference to be subsequently
held between the Governments of the High Contracting Parties and are liable to
revision or annulment as altered circumstances may require.
Article III
The Governments of the High Contracting Parties agree that upon the coming
into force of the present Convention, they shall proceed to the revision of the
Fishery Convention of 1907, taking into consideration such changes as may have
taken place in the general conditions since the conclusion of the said Fishery
Convention.
Pending the conclusion of a convention so revised, the Government of the
Union of Soviet Socialist Republics shall maintain the practices established in 1924
relating to the lease of fishery lots to Japanese subjects.
Article IV'
The Governments of the High Contracting Parties agree that upon the coming
into force of the present Convention they shall proceed to the conclusion of a treaty
of commerce and navigation in conformity with the principles hereunder mentioned,
and that pending the conclusion of such a treaty, the general intercourse between
the two countries shall be regulated by those principles.
RUSSO-JAPANESE CONVENTION 173
(1) The subjects or citizens of each of the High Contracting Parties shall in
accordance with the laws of the country (a) have full liberty to enter, travel and
reside in the territories of the other, and (b) enjoy constant and complete protection
for the safety of their lives and property.
(2) Each of the High Contracting Parties shall in accordance with the laws of
the country accord in its territories to the subjects or citizens of the other, to the
widest possible extent and on condition of reciprocity, the right of private ownership
and the liberty to engage in commerce, navigation, industries, and other peaceful
pursuits.
(3) Without prejudice to the right of each Contracting Party to regulate by
its own laws the system of international trade in that country, it is understood that
neither Contracting Party shall apply in discriminatiou against the other Party any
measures of prohibition, restriction or impost which may serve to hamper the
growth of the intercourse, economic or otherwise, between the two countries, it being
the intention of both Parties to place the commerce, navigation and industry of each
country, as far as possible, on the footing of the most favoured nation. The
Governments of the High Contracting Parties further agree that they shall enter
into negotiations, from time to time as circumstances may require, for the conclu-
sion of special arrangements relative to commerce and navigation to adjust and to
promote economic relations between the two countries.
Article Y
The High Contracting Parties solemnly affirm their desire and intention to live
in peace and amity with each other, scrupulously to respect the undoubted right of
a State to order its own life within its own jursidiction in its own way, to refrain
and restrain all persons in any governmental service for them, and all organisations
in receipt of any financial assistance from them, from any act overt or covert liable
in any way whatever to endanger the order and security in any part of the
territories of Japan or the Union of Soviet Socialist Republics.
It is further agreed that neither Contracting Party shall permit the presence in
the territories under its jurisdication—(a) of organisations or groups pretending to
be the Government for any part of the territories of the other Party, or (&) of alien
subjects or citizens who may be found to be actually carrying on political activities
for such organisations or groups.
Article YI
In the interest of promoting economic relations between the two countries, and
taking into consideration the needs of Japan with regard to natural resources, the
Government of the Union of Soviet Socialist Republics is willing to grant to Japan-
ese subjects, companies and associations, concessions for the exploitation of minerals,
forests and other natural resources in all the territories of the Union of Soviet
Socialist Republics.
Article YII
The present convention shall be ratified.
Such ratification by each of the High Contracting Parties shall, with as little
delay as possible, be communicated, through its diplomatic representative at Peking,
to the Government of the other Party, and from the date of the later of such com-
munications this Convention shall come into full force.
The formal exchange of the ratifications shall take place at Peking as soon as
possible.
In witness whereof the respective Plenipotentiaries have signed the present
Convention in duplicate in the English language and have affixed thereto their seals.
Done at Peking, this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
[l.s.1 K. Yoshizawa. [l.s.] L. Kara khan.
174 RUSSO-JAPANESE CONVENTION
PROTOCOL (A)
Japan and the Union of Soviet Socialist Republics, in proceeding this day to
the signature of the Convention embodying Basic Rules of the relations between
them, have deemed it advisable to regulate certain questions in relation to the said
Convention, and have, through their respective Plenipotentiaries, agreed upon the
following stipulations:—
Article I
Each of the High Contracting Parties undertakes to place in the possession of
the other Party the movable and immovable property belonging to the Embassy
and Consulates of such other Party and actually existing within its own territories.
In case it is found that the land occupied by the former Russia Government at
Tokyo is so situated as to cause difficulties to the town planning of Tokyo or to the
service of the public purposes, the Government of the Union of Soviet Socialist
Republics shall be willing to consider the proposals which may be made by the
Japanese Government looking to the removal of such difficulties.
The Government of the Union of Soviet Socialist Republics shall accord to the
Government of Japan all reasonable facilities in the selection of suitable sites and
buildings for the Japanese Embassy and Consulates to be established in the ter-
ritories of the Union of Soviet Socialist Republics.
Article II
It is agreed that all questions of the debts due to the Government or subjects
of Japan on account of public loans and treasury bills issued by the former Russian
Governments, to wit by the Imperial Government of Russia and the Provisional
Government which succeeded it, are reserved for adjustment at subsequent negotia-
tions between the Government of Japan and the Government of the Union of Soviet
Socialist Republics.
Provided that in the adjustment of such questions, the Government or subjects
of Japan shall not, all other conditions being equal, be placed in any position less
favourable than that which the Government of the Union of Soviet Socialist
Republics may accord to the Government or nationals of any other country on
similar questions.
It is also agreed that all questions relating to claims of the Government of
either Party to the Government of the other, or of the nationals of either party to
the Government of the other, are reserved for adjustment at subsequent negotiations
between the Government of Japan and the Government of the Union of Soviet
Socialist Republics.
Article III
In view of climatic conditions in Northern Saghalien preventing the immediate
homeward transportation of the Japanese troops now stationed there, these troops
shall be completely withdrawn from the said region by May 15th, 1925.
Such withdrawal shall be commenced as soon as climatic conditions will per-
mit it and any and all districts in Northern Saghalien so evacuated by Japanese
troops shall immediately thereupon be restored in full sovereignty to the proper
authorities of the Union of Soviet Socialist Republics.
The details pertaining to the transfer of administration and to the termination
of the occupation shall be arranged at Alexandrovsk between the Commander of the
Japanese Occupation Army and the Representatives of the Union of Soviet Socialist
Republics.
EUSSO-JAPANESE CONVENTION 175
Article IV
The High Contracting Parties mutually declare that there actually exists no
treaty or agreement of military alliance nor any other secret agreement which either
of them has entered into with any third Party and which constitutes an infringement
upon, or a menace to, the sovereignty, territorial rights or national safety of the
other Contracting Party.
Article V
The present Protocol is to be considered as ratified with the ratification of the
Convention embodying Basic Rules of the Relations between Japan and the Union
of Soviet Socialist Republics, signed under the same date.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol in duplicate in the English language, and have affixed thereto their seals.
Done at Peking, this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
[l.s.] K. Yoshizawa. [l.s.] L. Karakhan.
PROTOCOL (B)
The High Contracting Parties have agreed upon the following as the basis for
the Concession Contracts to be concluded within five months from the date of the
complete evacuation of Northern Saghalien by Japanese troops, as provided for in
Article 3 of Protocol (A) signed this day between the Plenipotentiaries of Japan and
of the Union of Soviet Socialist Republics.
1. —The Government of the Union of Soviet Socialist Republics
to Japanese concerns recommended by the Government of Japan, the concession for
the exploitation of 50 per cent, in area of each of the oil fields in Northern Sag-
halien which are mentioned in the Memorandum submitted to the Representative of
the Union by the Japanese Representative on August 29th, 1924. For the purpose
of determining the area to be leased to the Japanese concerns for such exploitation,
each of the said oil fields shall be divided into checker-board squares of from fifteen
to forty dessiatines each, and a number of these squares representing 50 per cent, of
the whole area shall be alloted to the Japanese, it being understood that the squares
to be so leased to the Japanese are, as a rule, to be non-contiguous to one another,,
but shall include all the wells now being drilled or worked by the Japanese. With
regard to the remaining unleased lots of the oil fields mentioned in the said Memo-
randum, it is agreed that should the Government of the Union of Soviet Socialist
Republics decide to offer such lots, wholly or in part, for foreign concession, Japanese
concerns shall be afforded equal opportunity in the matter of such concession.
2. —The Government of the Union of Soviet Socialist Republics
authorise Japanese concerns recommended by the Government of Japan to prospect
oil fields, for a period of from five to ten years, on the Eastern coast of Northern
Saghalien over an area of one thousand square versts to be selected within one year
after the conclusion of the Concession Contracts, and in case oil fields shall have
been established in consequence of such prospecting by the Japanese, the Concession
for the exploitation of the 50 per cent, in area of the oil fields so established shall
be granted to the Japanese.
176 RUSSO-JAPANESE CONVENTION
3. —The Government of the Union of Soviet Socialist Republi
to Japanese concerns recommended by the Government of Japan the concession for
the exploitation of coal fields on the Western coast of Northern Saghalien over a
specific area which shall be determined in the Concession Contracts. The Government
of the Union of Soviet Socialist Republics further agrees to grant to such Japanese
concerns the concession regarding coal fields in the Done district over a specific
area to be determined in the Concession Contracts. With regard to the coal fields
outside the specific area mentioned in the preceding two paragraphs, it is also
agreed that should the Government of the Union of Soviet Socialist Republics
decide to offer them for foreign concession, Japanese concerns shall be afforded
equal opportunity in the matter of such concession.
4. —The period of the concessions for the exploitation of o
stipulated in the preceding paragraphs shall be from forty to fifty years.
5. —As royalty for the said concessions, the Japanese con
make over annually to the Government of the Union of Soviet Socialist Republics, in
case of coal fields, from 5 to 8 per cent, of their gross output, and, in case of oil
fields, from 5 to 15 per cent, of their gross output; provided that in the case of a
gusher, the royalty may be raised up to 45 per cent, of its gross output.
The percentage of output thus to be made over as royalty shall be definitively
fixed in the Concession Contracts and it may be graduated according to the scale of
annual output in a manner to be defined in such contracts.
6. —The said Japanese concerns shall be permitted to fell
purpose of the enterprises and to set up various undertakings with a view to
facilitating communication and transportation of materials and products. Details
connected therewith shall be arranged in the Concession Contracts.
7. —In consideration of the royalty above-mentioned and
account the disadvantages under which the enterprises are to be placed by reason of
the geographical position and other general conditions of the districts affected it is
agreed that the importation and exportation of any articles, materials or products
needed for and obtained from such enterprises shall be permitted free of duty, and
that the enterprises shall not be subjected to any such taxation or restriction as may
in fact render their remunerative working impossible.
8. —The Government of the Union of Soviet Socialist Republi
reasonable protection and facilities to the said enterprises.
9. —Details connected with the foregoing Articles shall be
Concession Contracts.
The present Protocol is to be considered as ratified with the ratification of the
Convention embodying Basic Rules of the Relations between Japan and the Union
of Soviet Socialist Republics, signed under the same date
In witness whereof the respective Plenipotentiaries have signed the present
Protocol in duplicate in the English Language, and have affixed thereto their
seals.
Done at Peking this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
[l.s.] K. Yoshizawa. [l.s.] L. Kabakhan.
RUSSO-JAPANESE CONVENTION 177
ANNEXED NOTES
In proceeding this day to the signature of the Convention embodying the
Basic Buies of the Belations between the Union of Soviet Socialist Bepublics and
Japan, the undersigned Plenipotentiary of the Union of Soviet Socialist Republics
has the honour to tender hereby to the Government of Japan an expression of
sincere regrets for the Nikolaievsk incident of 1920.
Peking, January 20th, 1925.
Monsieur le Ministre,
I have the honour on behalf of my Government to declare that the Government
of the Union of Soviet Socialist Republics agrees that the work which is now being
carried on by the Japanese in Northern Saghalien both in the oil and the coal fields,
as stated in the Memorandum handed to the Plenipotientiary of the Union of Soviet
Socialist Republics by the Japanese Plenipotentiary on August 29th, 1924, be
continued until the conclusion of the Concession Contracts to be effected within five
months from the date of the complete evacuation of Northern Saghalien by the
Japanese troops, provided the following conditions be abided by the Japanese:—
1. —The work must be continued in strict accordance with the d
Memorandum of August 29th, 1924, as regards the area, the number of workers
and experts employed, the machinery and other conditions provided in the
Memorandum.
2. —The produce such as oil and coal cannot be exported or sold
be applied to the use of the staff and equipment connected with the said work.
3. —The permission granted by the Government of the Uni
Socialist Republics for the continuation of the work shall in no way affect the
stipulations of the future concession contract.
4. —The question of operation of the Japanese wireless stations
Saghalien is reserved for future arrangement, and will be adjusted in a manner con-
sistent with the existing laws of the Union of Soviet Socialist Republics prohibiting
private and foreign establishment of wireless stations.
I avail myself of this opportunity to convey to you, Monsieur le Ministre, the
assurances of my highest consideration.
(Signed) L. Karakhan.
His Excellency
Mr. Kenkichi Yoshizawa,
Envoy Extraordinary and Minister Plenipotentiary of Japan.
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 considering 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 China declare that the River Tumen
is recognised as forming the boundary between China and Korea, and that in the
region of the source of that river the boundary line shall start from the boundary
monument, and thence follow the course of the stream Shih-Yi-Shwei.
Art. II.—The Government of China shall, as soon as possible after the signing
of the present agreement, open Lung-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. I 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 lands lying north of the River Tumen.
Art. IV.—The Korean people residing on the agricultural lands within the
mixed residence district to the north of the River Tumen sjiall submit to the laws of
China, and shall be amenable to the jurisdiction of the CMnese local officials. Such
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 duly authorised by
nim, 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
persons. 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 new trial, to be conducted by officials specially selected, in order to assure a
just decision.
Art. V.—The Government of China engages that lands and buildings owned
by Korean people in the mixed residence district to the north of the River Tumen
shall be fully protected, equally with properties of Chinese subjects. Kerries shall
be established on the River Tumen at places properly chosen, and people on either
side of the river shall be entirely at liberty to cross to the other side, it being, however,
understood that persons carrying arms shall not be permitted to cross the frontier
without previous official notice or passports. In respect of cereals pi'oduced in the
mixed residence district, Korean people shall be permitted 1o export them out of
the said district, except in time of 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-
Chaugchun Railway to the southern boundary of Yenchi, and to connect it 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.
CHINA-KOREAN BOUNDARY AGREEMENT 179
Art. VII.—The present agreement shall come into operation immediately upon
its signature, and thereafter the Chientao branch office of the Besidency-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. II.
In witness whereof the undersigned, duly authorised by iheir respective Gov-
ernments, have signed and sealed the present agreement iu 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. 1.—The Government of China engages that in the event of its under-
taking 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
Taschichao and Tingkow 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
ibranch 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:—
a. —The Chinese Government recognises the right of the Japanese Gov
work the said coal mines.
b. —The Japanese Government, respecting the full sovereignty of C
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
sproduced in any other part of China.
c. —The Chinese Government agrees that, in the matter of exportatio
produced in the said mines, the lowest tariff of export duty for coals of any other
mines shall be applied.
d. —The extent of the said coal mines, as well as all the detailed r
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 Manchuria Railway, excepting those at Fushun and Yuentai, shall be
exploited as joint enterprises of Japanese and Chinese subjects upon the general
pmciples 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 Viceroy 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.)
NEW CONSORTIUM AGREEMENT
Signed on October 15th, 1920
The following is the full text of the new Consortium agreement:—
The Hongkong and Shanghai Banking Corporation, having its office at 91
Gracechurch Street in the City of London (hereinafter called “ the Hongkong:
Bank”) of the first part,
The Banque de L’Indo-Chine having its office at 15 bis Eue Laffite, Paris
(hereinafter called “the French Bank”) of the second part,
The Yokohama Specie Bank, Limited, having its office at Yokohama in Japan:
(hereinafter called “ the Japanese Bank ”) of the third part, and,
Messrs. J. P. Morgan & Co., Messrs. Kuhn, Loeb & Co., the National City Bank
of New York, the Guaranty Trust Company of New York, Messrs. Lee, Higginson
& Co., of Boston, and the Continental and Commercial Trust and Savings Bank
of Chicago (hereinafter called “ the American Managers ”) acting as to the United
Kingdom by Messrs. Morgan, Grenfell & Co., of 22 Old Broad Street in the City
of London and as to France by Messrs. Morgan, Marjes & Co., of Paris, of the
fourth part.
Whereas the Hongkong Bank, the French Bank, the Japanese Bank, and the
American Managers are acting for the purposes of this Agreement as the-
representatives of the British, French, Japanese and American Groups respectively^.
And whereas the British, French, Japanese and American Groups were formed
with the object of negotiating and carrying out Chinese loan business.
And whereas their respective Governments have undertaken to give their
complete support to their respective national groups, the parties hereto, in all
operations undertaken pursuant to the agreement hereinafter contained and have-
further undertaken that in the event of competition in the obtaining of any specific
loan contract the collective support of the diplomatic representatives in Peking of
the four Governments will be assured to the parties hereto for the purpose of-
obtaining such contract,
And whereas the said national groups are of the opinion that the interests of thn
Chinese people can in existing circumstance best be served by the co-operative action
of the various banking groups representing the investment interests of their
respective countries in procuring for the Chinese Government the capital necessary
for a programme of economic reconstruction and improved communications,
And whereas with these objects in view the respective national groups are
prepared to participate on equal terms in such undertakings as may be calculated to
assist China in the establishment of her great public utilities and to these ends-
welcome the co-operation of Chinese capital.
Now it is hereby agreed by and between the parties hereto as follows:—
1. —Each Group reserves to itself the right of incre
number of its own members but so that any member of a group dropping out shall
remain bound by the restrictive provisions hereof and any member of a group coming
in shall become subject to the restrictive provisions hereof and so that no group
shall (without the consent of the others) be entitled to admit into its group a new
member who is not of its nationality and domiciled in its market. The admission
of any new group shall be determined by the parties hereto, subject to the approval
of their respective Governments.
2. —This agreement relates to existing and future l
involve the issue for subscription by the public of loans to the Chinese Government
or to Chinese Government Departments or to Provinces of China or to companies or
corporations owned or controlled by or on behalf of the Chinese Government or any
Chinese Provincial Government or to any party if the transaction in question is
guaranteed by the Chinese Government or Chinese Provincial Government but does>
NEW CONSORTIUM AGREEMENT 181
not relate to agreements for loans, to be floated in China. Existing agreements
relating to industrial undertakings upon which it can be shown that substantial
progress has been made may be omitted from the scope of this agreement.
3. —The existing agreements and any future loan agreements t
agreement relates and any business arising out of such agreements respectively shall
be dealt witb by tbe said groups in accordance with the provisions of this agreement.
4. —This agreement is made on the principle of complete equality in
between the parties hereto and each of the parties hereto shall take an equal share in
all operations and sign all contracts and shall bear an equal share of all charges in
connexion with any business (except stamp duties and any charges of and in
connexion with the realization by the parties hereto in their respective markets of
their shares in the operations) and the parties hereto shall conclude all contracts
with equal rights and obligations as between themselves and each party shall have
the same rights, privileges, prerogatives, advantages, responsibilities and obligations
of every sort and kind. Acccordingly preliminary advances on account of or in
connexion with business to which this agreement relates shall be borne by each of the
parties hereto in equal shares and each of the parties hereto shall be entitled to
participate equally in the existing agreement and will offer to the other parties hereto
an equal participation with itself in any future loan business falling within the
scope of this agreement. Should one or more of the parties hereto decline a
participation in the existing agreements or any of them or in any such future loan
business as aforesaid the party or parties accepting a participation therein shall be
free to undertake the same but shall issue on its or their markets only.
5. —All contracts shall so far as possible be made so as not to
liability on the parties hereto but each of the parties hereto shall severally liquidate
its own engagements or liabilities. The parties hereto will so far as possible come to
an understanding with regard to the realization of the operations but so that such
realization in whatever manner this may take place shall be for the separate benefit
of each of the parties hereto as regards their respective parlicipations therein
and so that each of the parties hereto shall be entitled to realize its participation in
the operations only in its own market, it being understood that the issues in the
respective markets are to be made at substantial parity.
6. —Any one or more of the parties hereto who shall have accepte
participation in any business hereunder shall be entitled by notice in writing to call
upon the other or others of the parties hereto who propose to issue their own
respective participations to issue for the account of the party or parties giving such
notice or notices either all or one-half of the amount which may constitute the
participation of the party or parties giving such notice or notices and the party or
parties so called upon shall issue the said amount or amounts (hereinafter called “ the
Residuary Participation”) specified in such notice or notices upon and subject to the
terms and conditions following, viz.:—
(1) Such notice or notices must be received by the other or others of the
parties hereto before the execution of the final agreement for the issue of the
loan or (in the case of an issue of a part only of the loan) of so much
thereof as the parties hereto may from time to time agree to issue.
(2) The party or parties to whom such notice or notices shall have been given
shall be entitled to decide among themselves and without reference to the
party or parties giving such notice or notices as to which one or more of
them shall issue the Residuary Participation but in default of any such
decision they shall issue the same equally between them.
(3) In issuing the Residuary Participation no distinction shall be made between
the Residuary Participation and the amount or amounts issued on its or
their own account by the party or parties issuing the Residuary
Participation which shall in all respects be subject to the conditions of the
respective Syndicates which may be formed for the purpose of effecting the
issue.
182 NEW CONSORTIUM AGREEMENT
(4) Each of the parties issuing the Residuary Participation shall be entitled
to decide for itself and without reference to the party or parties giving such
notice or notices as to what expenses shall be incurred in relation to the issue
of the total amount issued by such party.
(5) The party or parties issuing the Residuary Participation shall be entitled
between them to charge the party or parties giving such notice or notices
with a commission of not exceeding 1| per cent, on the nominal amount of
the Residuary Participation and also with a pro rata share of the expenses
which the issuing party or parties may in their sole discretion incur in
relation to the whole issue and being in the proportion which the Residuary
Participation bears to the total nominal amount of the issue.
(6) The party or parties issuing the Residuary Participation shall not by virtue
of this agreement incur any responsibility to subscribe for the Residuary
Participation or to cause the same to be subscribed.
(7) Each party issuing the Residuary Participation shall apply all subscriptions
received by it pro rata between the Residuary Participation issued by it and
the amount issued by such party on its own account.
(8) Each of the parties issuing the Residuary Participation will apply for and
use its best endeavours to obtain a quotation on its market for the total
amount issued by it.
(9) No issue of the Residuary Participation or any part thereof shall be made
by the party or parties giving such notice or notices unless mutually agreed
by the parties hereto.
7. —No participation shall be given by any one of the parties
own market. Any participation given in its own market by any one of the parties
hereto shall be for its own market only or in the event of the issue includiug any of
the Residuary Participation for the accounts pro rata of the issuing Bank and the
party or parties giving such participation. The party giving the same shall use its
best endeavours to secure that no part of such participation shall be transferred to
parties outside the market of the party giving the same. Any other participation
shall be given only with the consent of all parties hereto and shall be borne in equal
shares by the parties hereto.
8. —This agreement shall remain in force for the period of li
date hereof provided nevertheless that a majority of the parties hereto may by
twelve months’ previous notice in writing addressed to the other parties hereto
determine this agreement at any time.
In witness whereof the duly authorized representatives of the respective parties
hereto have set their hands the day and year first above written.
For the Hongkong and Shanghai Banking Corporation.
On behalf of the British Group: C. S. Addis.
For the Banque de L'Indo-Chine.
On behalf of the French Group: Th. de la Chaume.
For the Yokohama Specie Bank, Ltd.
On behalf of the Japanese Group : K. Takeuchi.
For and on behalf of the American Group: J. P. Morgan & Co.
Kuhn, Loeb & Co.
The National City Bank of New York: by J. A. Stillman, President.
The Guaranty Trust Company of New York: by J. R. Swan, Vice-President.
Continental & Commercial Trust Savings Bank, Chicago : by John Jay Abbott,
Vice-President.
Chase National Bank, New York City : by A. H. Wiggin, Chairman.
Lee, Higginson & Co.
WASHINGTON CONFERENCE RESOLUTIONS
THE QUADRUPLE ALLIANCE
OFFICIAL TEXT
At the fourth plenary session of the Conference on Limitation of Armaments,
held on December 10th, 1921, Senator Lodge made public the following draft of a
treaty and accompanying reservations:—
The United States of America, the British Empire, France and Japan, with
a view to the preservation of the general peace and the maintenance of their
rights in relation to their insular possessions and insular dominions in the
regions of the Pacific Ocean, have determined to conclude a treaty to this effect
and have appointed as their plenipotentiaries : —
The President of the United States
His Majesty the King of the United Kingdom of Great Britain and
Ireland, and of the British Dominions beyond the seas, Emperor of
India
And
For the Dominion of Canada
For the Commonwealth of Australia
For the Dominion of New Zealand
For India
The President of the French Republic
His Majesty the Emperor of Japan
Who, having communicated their full powers found in good and due form, have
agreed as follows:—
Article I.—The high contracting parties agree as between themselves to
respect their rights in relation to their insular possessions and insular dominions in
the region of the Pacific Ocean. If there should develop between any of the
high contracting parties a controversy arising out of any Pacific question and
involving their said rights, which is not satisfactorily settled by diplomacy and is
likely to affect the harmonious accord now happily subsisting between them, they
shall invite the other high contracting parties to a joint conference to which the
whole subject will be referred for consideration and adjustment.
Article II.—If the said rights are threatened by the aggressive action of any
other Power, the high contracting parties shall communicate with one another
fully and frankly in order to arrive at an understanding as to the most efficient
measures to be jointly or separately taken to meet the particular situation.
Article III.—This Agreement shall remain in force for ten years from the
time it shall take effect, and after the expiration of said period it shall continue to
be in force subject to the right of any of the high contracting parties to terminate
it upon twelve months’ notice.
Article IY.—This Agreement shall be ratified as soon as possible in accord-
ance with the constitutional methods of the high contracting parties and shall
take effect on the deposit of ratifications, which shall take place at Washington,
and thereupon the Agreement between Great Britain and Japan which was con-
cluded at London on July 13th, 1911, shall terminate.
Reservations.—The signing of this Treaty is on the part of the United States-
subject to (reservations affecting) the island of Yap and what are termed the
Mandate Islands in the Pacific Ocean, north of the Equator, the negotiations in
regard to which are almost concluded, and also the reservations with respect to
what are termed the Mandate Islands in the Pacific Ocean south of the Equator.
184, WASHINGTON CONFERENCE RESOLUTIONS
It should also be observed that the controversies to which the proposed Treaty refers
•do not include questions which, according to the principles of international law,
lie exclusively within the domestic jurisdiction of the respective Powers.
In the course of his address, Senator Lodge stated : “ To put it in a few words,
the Treaty provides that the four signatory Powers will agree between themselves
in regard to their insular possessions and dominions in the region of the Pacific,
and that if any controversy should arise as to such rights all the high contracting
parties shall be invited to a joint conference looking to the adjustment of such
controversy. They agree to take similar action in the case of aggression by any
other Power upon these insular possessions or dominions. This Agreement is to
remain in force for ten years, and, after ratification under the constitutional
methods of the high contracting parties, the existing agreement between Great
Britain and Japan, which was concluded at London on July 13, 1911, shall
terminate. Each signer is bound to respect the rights of the others, and before
taking action in any controversy to consult with them. There is no provision for
the use of force to carry out any of the terms of the Agreement, and no military or
naval stations lurk anywhere in the background or under cover of these plain and
direct clauses. The surest way to prevent war is to remove the cause of war.
This is an attempt to remove the cause of war over a great area of the globe’s
surface by reliance upon the good faith and honest intentions of the nations which
signed this Treaty solving all differences through a process of diplomacy and joint
•consideration and conciliation.
TERRITORIAL AND ADMINISTRATIVE INTEGRITY OF CHINA
The Far Eastern Committee of the Conference unanimously adopted a resolu-
tion declaring in favour of the territorial and administrative integrity of China.
The resolution, which was drafted and presented by Senator Root, was signed by
eight Powers, China refraining from appending her signature as being unfitting
in a document regarding herself.
Following is the text of the resolution:—“It is the firm intention of the
Powers attending the Conference, firstly, to respect the sovereignty, independence
and territorial and administrative integrity of China ; secondly, to provide the fullest,
unembarrassed opportunity for China to develop and to maintain an effective and
stable Government; thirdly, to use their influence for the purpose of effectively
establishing and maintaining the principle of equal opportunity for commerce and
industry to all nations throughout Chinese territory; fourthly, to refrain from taking
advantage of present conditions in order to seek special rights and privileges
abridging the rights of subjects of friendly States, and also to refrain from
countenancing any action inimical to the security of such States.”
The Far Eastern Committee passed a resolution, suggested by Sir Auckland
Geddes, under which the Powers attending the Conference declared their inten-
tion “ not to enter into any treaty, agreement, arrangement, or understanding with
-one another, or individually or collectively with any Power or Powers, which
infringes or impairs the principles declared by the resolution adopted by the Com-
mittee on the 21st ult.” (i.e., Senator Root’s resolution declaring for the territorial
-and administrative integrity of China).
WASHINGTON CONFERENCE RESOLUTIONS 185-
FOREIGN POST OFFICES IN CHINA
Representatives of the nine Powers sitting as a Committee on the Pacific and
Far Eastern questions adopted a resolution in favour of the relinquishment of
foreign post-office privileges in China. All the Powers agreed upon January 1st, 1923,
as the date of relinquishment.
The text of the resolution is:— “ Recognising the justice of the desire expressed
by the Chinese Government to secure the abolition of foreign postal agencies in
China, save or except in leased territories or otherwise specifically provided for by
Treaty, it is resolved:
“ I:—That the four Powers having such postal agencies agree to their
abandonment, subject to the following conditions: First, that an efficient Chinese
postal service be maintained; second, that an assurance be given by the Chinese
Government that they contemplate no change in the present postal administration
as far as the status of the foreign Co-Director-General is concerned.
“II:—To enable China and the Powers concerned to make the necessary
dispositions this arrangement shall come into force not later than (date blank).
Pending the complete withdrawal of foreign postal agencies the four Powers concerned
severally undertake to afford full facilities to the Chinese Customs authorities to-
examine all postal matter (except ordinary letters, whether registered or not, which
upon external examination appear to contain written matter) passing through with a
view to ascertaining whether they contain articles of dutiable contraband or other-
wise contravening the Customs regulations and laws of China.”
EXTRA-TERRITORIAL-RIGHTS IN CHINA
A resolution was unanimously adopted by the Far Eastern Committee relative to
’ the Extra-Territorial Question. It provides that the Powers concerned shall establish
a Commission, to which each shall appoint a member, to enquire into the present
? practice of extra-territorial jurisdiction in China, and into the laws, the judicial system
i and methods of judicial administration, with a view to reporting findings of fact, with
f recommendations regarding the means to improve the existing conditions of adminis-
i tration of justice in China and to assist the efforts of the Chinese Government to
I effect such legislation and judicial reforms as will warrant the Powers in relinquishing
[ progressively or otherwise their rights of extra-territoriality.
The Commission shall be constituted within three months after the adjournment
. of the Conference, and be instructed to submit its report and recommendations within
, a year after the Commission’s first meeting. Each of the Powers shall be deemed free
1 to accept or reject all or any portion of the recommendations, but in no case are any
f of the Powers to make acceptance directly or indirectly dependent on China’s granting
t' any special concession, favour, benefit, or immunity, whether political or economic.
An additional resolution provides that non-signatory Powers having extra-terri-
j torial rights in China may accede to the resolution in regard to extra-territoriality
‘ within three months after the adjournment of the Conference.
A further additional resolution expresses China’s satisfaction with the sympathy
| of the Powers in regard to the abolition of extra-territoriality, and'declares China’s
intention to appoint a Chinese member of the Extra-Territoriality Commission, it
j being understood that China is free to accept or reject any or all of the recommenda-
j tions of the Commission. China is prepared to co-operate in the work of the
Commission and in every way to facilitate the successful accomplishment of its task.
186 WASHINGTON CONFERENCE RESOLUTIONS
RADIO STATIONS IN CHINA
A report was submitted by the Sub-Committee on Drafting relating to radio
stations for China which states that representatives of the nine Powers at the
Conference decided that all radio stations in China, whether maintained under the
provisions of the International Protocol of September, 1901, or, in fact maintained
on the grounds of any of the foreign Legations in China, shall be limited-in use to
sending and receiving Government messages and shall not receive or send commercial,
personal, or unofficial messages, including Press matter.
It is provided, however, that in case all other telegraphic communication is inter-
rupted, then, upon official notification, accompanied by proof of such interruption, to
the Chinese Ministry of Communications such stations may afford temporary facilities
for messages excluded as before-mentioned until the Chinese Government notify the
termination of the interruption.
All radio stations on Chinese territory operated by foreign Governments’ sub-
jects under treaties or concessions shall limit the messages sent or received by the
terms of the treaty or concession under which the respective stations are maintained.
Any radio station maintained without the authority of the Chinese Government shall
be transferred to China to be operated under the direction of the Chinese Ministry of
'Communications, against compensation to the owners for the value of the installation,
as soon as the Ministry is prepared to operate the same effectively for general public
benefit. Should any question arise regarding radio stations in leased territories,
the South Manchuria railway zone, or the French Concession in Shanghai they
shall be regarded as matters for discussion between the Chinese Government and the
Governments concerned. Owners or managers of all foreign radio stations shall
confer with the Chinese Ministry of Ccmmunications for the purpose of seeking a
common arrangement to avoid interference in the use of wave lengths by wireless
stations in China, subject to such a general arrangement as may be made by the
International Conference convened for revision of the rules established by the
London International Radio Telegraph Convention of 1912.
TEXT OF THE NINE-POWER AGREEMENT
The following is the text of the two treaties regarding China approved
on February 4th, 1922, by the Conference at Washington:—
The United States of America, Belgium, the British Empire, China, Fiance,
Italy, Japan, the Netherlands and Portugal:
Desiring to adopt a policy designed to stabilize conditions in the Far East,
to safeguard the rights and interests of China, and to promote intercourse between
"China and the other Powers upon the basis of equality of opportunity, have
resolved to conclude a Treaty for that purpose and to that end have appointed
as their respective plenipotentiaries (Here follow the names of the plenipoten-
tiaries), who, having communicated to each other their full powers, found to be in
good and due form, have agreed as follows:—
Article I.
The contracting Powers, other than China, agree:
1. —To respect the sovereignty, the independe
and administrative integrity of China.
2. —To provide the fullest and most unembarra
~to develop and maintain for herself an effective and stable Government.
WASHINGTON CONFERENCE RESOLUTIONS 187
3. —To use their influence for the purpose of effectually estab
maintaining the principle of equal opportunity for the commerce and industry
of all nations throughout the territory of China.
4. —To refrain from taking advantage of conditions in China in o
special rights or privileges which would abridge the rights of subjects or citizens
of friendly States, and from countenancing action inimical to the security of such
States.
Article II.
The contracting Powers agree not to enter into any treaty, agreement,,
arrangement or understanding, either with one another or individually or
collectively, with any Power or Powers, which would infringe or impair the
principles stated in Article I.
Article III.
With a view to apply more effectually the principles of the open door or
equality of opportunity in China for the trade and industry of all nations, the
contracting Powers, other than China, agree they will not seek nor support
their respective nations in seeking :
(a) Any arrangement which might purport to establish in favour of their
\ interests any general superiority of rights with respect to commercial or economic
development in any designated region in China.
(b) Any such monopoly or preference as would deprive the nationals of any
other Power of the right of undertaking any legitimate trade or industry in
China, or of participating with the Chinese Government or with any local authority
in any category of public enterprise, or which by reason of its scope, duration or
geographical extent is calculated to frustrate the practical application of the
principle of equal opportunity.
It is understood that the foregoing stipulations of this article are
not to be so construed as to prohibit the acquisition of such properties or rights as
may be necessary to the conduct of a particular commercial, industrial or financial
undertaking or to the encouragement of invention and research.
China undertakes to be guided by the principles stated in the foregoing
stipulations of this article in dealing with applications for economic rights and
privileges from Governments and nationals of all foreign countries, whether parties
to the present treaty or not.
Article IV.
The contracting Powers agree not to support any agreements by their respective
nationals with each other designed to create spheres of influence or to provide for
the enjoyment of mutually exclusive opportunities in designated parts of Chinese
territory.
Article V.
China agrees that throughout the whole of the railways in China she will not
exercise or permit unfair discriminations of any kind. In particular there shall be
no discrimination whatever, direct or indirect, in respect of charges or of facilities
on the ground of the nationality of passengers or the countries from which or to
which they are proceeding, or the origin or ownership of goods or the country from
which or to which they are consigned, or the nationality or ownership of the ship or
other means of conveying such passengers or goods before or after their transport
on the Chinese railways.
The contracting Powers, other than China, assume a corresponding obligation
in respect of any of the aforesaid railways over which they or their nationals are in a
position to exercise any control in virtue of any concession, special agreement or
otherwise.
188 WASHINGTON CONFERENCE RESOLUTIONS
Article VI.
The contracting parties, other than China, agree fully to respect China’s rights
as a neutral in time of war to which China is not a party; and China declares that
when she is a neutral she will observe the obligations of neutrality.
Article VII.
The contracting Powers agree that whenever a situation arises which, in the
opinion of any one of them, involves the application of the stipulations of the present
treaty, and renders desirable discussion of such application, there shall be full and
frank communication between the contracting Powers concerned.
Article VIII.
Powers not signatory to the present Treaty which have governments recognised
by the signatory Powers and which have treaty relations with China shall be invited
to adhere to the present Treaty. To this end the Government of the United States
will make the necessary communications to non-signatory Powers and will inform the
contracting Powers of the replies received. Adherence by any Power shall become
effective on receipt of notice thereof by the Government of the United States.
Article IX.
The present treaty shall be ratified by the contracting Powers in accordance
with their respective constitutional methods, and shall take effect on the date of the
deposit of all the ratifications, Avhich shall take place at Washington as soon as
possible. The Government of the United States will transmit to the other con-
tracting Powers a certified copy of the proces verbal of the deposit of ratifications.
The present treaty, of which the English and French texts are both authentic,
shall remain deposited in the archives of the Government of the United States, and
duly certified copies thereof shall be transmitted by that Government to the other
contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
Treaty.
Done at the City of Washington, the sixth day of February, one thousand
nine hundred and twenty-two.
THE BOARD OF REFERENCE
The following resolution was adopted as a supplement to the general Far
Eastern Treaty:
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
Desiring to provide a procedure for dealing with questions that may arise in
connection with the execution of the provisions or Articles III. and V. of the Treaty
to be signed at Washington on February 6th, 1922, with reference to their general
policy, designed to stabilize conditions in the Far East, to safeguard the rights and
interests of China, and to promote interest between China and the other Powers
upon the basis of equality of opportunity;
Resolve, That there shall be established in China a Board of Reference to
which any questions arising in connection with the execution of the aforesaid articles
may be referred for investigation and report.
The special conference, provided in Article II. of the treaty to be signed at
Washington on February 6th, 1922, with reference to the Chinese Customs Tariff
-shall formulate for the approval of the Powers concerned a detailed plan for the
constitution of the Board.
WASHINGTON CONFERENCE RESOLUTIONS
TREATY ON THE CHINESE TARIFF
j The treaty relative to the Chinese Tariff and cognate matters reads:—
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
: With a view to increasing the revenues of the Chinese Government have
resolved to conclude a treaty relating to the revision of the Chinese Customs Tariff
and cognate matters, and to that end have appointed as their plenipotentiaries
(Here follows the names of the plenipotentiaries), who, having communicated to each
i other their full powers, found to be in good and due form, have agreed as follows:—
Article I.
; The representatives of the contracting Powers having adopted, on the 4th day of
■ February, 1922, in the City of Washington, a resolution, which is appended as an
I annex to this article, with respect to the revision of Chinese customs duties for the
purpose of mating such duties equivalent to an effective 5 per cent., ad valorem, in
I accordance with existing treaties concluded by China with other nations, the con-
| tracting Powers hereby confirm the said resolution and undertake to accept the
tariff rates fixed as a result of such revision. The said tariff rates shall become
effective as soon as possible, but not earlier than two months after publication
J thereof.
Annex
With a view to providing additional revenue to meet the needs of the Chinese
| Government, the Powers represented at this Conference, namely, the United States of
| America, Belgium, the British Empire, China, France, Italy, Japan, the Netherlands
j and Portugal, agree:
That the Customs schedule of duties on imports into China, adopted by the
i Tariff Revision Commission at Shanghai on December 19th, 1918, shall forthwith be
[ revised so that rates of duty shall be equivalent to 5 per cent, effective, as provided
for in the several commercial treaties to which China is a party.
A Revision Commission shall meet at Shanghai at the earliest practicable date
io effect this revision forthwith and on the general lines of the last revision.
This Commission shall be composed of representatives of the Powers above
i named and of representatives of any additional Powers, having governments at
f present recognized by the Powers represented at this Conference and who have
! treaties with China providing for a tariff on imports and exports not to exceed 5
! per cent, ad valorem and who desire to participate therein.
; The revision shall proceed as rapidly as possible with a view to its completion
within four months from the date of the adoption of this resolution by the Con-
l ference on the Limitation of Armaments and Pacific and Far Eastern Questions.
The revised tariff shall become effective as soon as possible, but not earlier than
two months after its publication by the Revision Commission.
< The Government of the United States, as convener of the present Conference, is
ji requested forthwith to communicate the terms of this resolution to the Governments
of Powers not represented at this Conference but who participated in the revision of
J 1918 aforesaid.
Article II.
Immediate steps shall be taken through a special conference to prepare the way
for the speedy abolition of Klein and for the fulfilment of the other conditions laid
•, down in Article VIII. of the treaty of September 5th, 1902, between Great Britain and
f China; in Article IV. and V. of the treaty of October 8th, 1903, between the United
States and China; and in Article I. of the supplementary treaty of October 8th, 1903,
between Japan and China, with a view to levying the surtaxes provided for in these
f .Articles.
190 WASHINGTON CONFERENCE RESOLUTIONS
The special Conference shall be composed of representatives of the signatory
Powers, and of such other Powers as may desire to participate and may adhere to-
the present treaty, in accord with the provisions of Article YIIT., in sufficient time to
allow their representatives to take part. It shall meet in China within three months
after the coming into force of the present treaty on a day and at a place to be
designated by the Chinese Government.
Article III.
The special conference provided for in Article II. shall consider the interim-
provision to be applied prior to the abolition of lihin and the fulfilment of the other-
conditions laid down in the articles of the treaties mentioned in Article IL; and it
shall authorize the levying of a surtax on dutiable imports as from such date, for
such purposes and subject to such conditions as it may determine.
The surtax shall be at a uniform rate of 2| per centum ad valorem, provided
that in case of certain articles of luxury which, in the opinion of the special Conference,
can bear a greater increase without unduly impeding trade, the total surtax may be
increased, but may not exceed 5 per centum ad valorem.
Article IV.
Following the immediate revision of the Customs schedule of duties on imports-
into China mentioned in Article I., there shall be a further revision thereof, to take
effect at the expiration of four years following the completion of the aforesaid im-
mediate revision, in order to insure that the Customs duties shall correspond to the
ad valorem rates fixed by the special Conference provided in Article II.
Following this further revision there shall be for the same purpose periodical
revisions of the Customs schedule of duties of imports into China every seven years,,
in lieu of the decennial revision authorized by existing treaties with China.
In order to prevent delay, any revision made in pursuance of this Article shall
be effected in accord with rules to be prescribed by the special Conference provided
for in Article II.
Article Y.
In all matters relating to Customs duties there shall be effective equality of treat-
ment and of opportunity for all the contracting Powers.
Article YI.
The principle of uniformity in the rates of Customs duties levied at all the land
and maritime frontiers of China is hereby recognised. The special Conference
provided for in Article II. shall make arrangements to give practical effect to this-
principle, and it is authorised to make equitable adjustments in those cases in which
a Customs privilege to be abolished was granted in return for some local economic
advantage.
In the meantime, any increase in the rates of Customs duties resulting from
tariff revision or any surtax hereafter imposed in pursuance of the present Treaty
shall be levied at a uniform rate ad valorem at all land and maritime frontiers of
China.
Article YII.
The charge for transit passes shall he at the rate of 2f per centum ad valorem
until the arrangements provided for by Article II. come into force.
Article Y1II.
Powers not signatory to the present Treaty, whose Governments are at present
recognised by the signatory- Powers and whose present treaties with China provide
for a tariff on imports and exports not to exceed 5 per centum ad valorem, shall le
invited to adhere to the present Treaty.
WASHINGTON CONFERENCE RESOLUTIONS 191
The Government of the United States undertakes to make the necessary com-
anunications for this purpose and to inform the Governments of the contracting
Powers of the replies received. Adherence by any Power shall become efiective on
receipt of notice thereof by the Government of the United States.
Article IX.
The provisions of the present Treaty shall override all stipulations of treaties
between China and the respective contracting Powers which are inconsistent there-
with, other than stipulations according most-favoured-nation treatment.
Article X.
The present Treaty shall be ratified by the contracting Powers in accord with
their respective constitutional methods and shall take effect on the date of the
deposit of all the ratifications, which shall take place at Washington as soon as
possible. The Government of the United States will transmit to the contracting
Powers a certified copy of the proces verbal of the deposit of ratifications.
The present Treaty, of which the English and French texts are both authentic,
shall remain deposited in the archives of the Government of the United States, and
duly certified copies thereof shall be transmitted by that Government to the other
contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
Treaty.
Done at the City of Washington the sixth day of February, one thousand nine
•hundred and twenty-two.
THE TRANSFER OF SHANTUNG
THE TEXT OF THE AGREEMENT SIGNED DECEMBER 1st, 1922
The Governments of the Chinese Republic and the Japanese Empire, acting in?
accordance with Article II. of the Treaty for the Settlement of Outstanding Questions
Relative to Shantung signed February 4th, 1922, at Washington, have for the pur-
pose of settlement of details as stated in the said Treaty appointed hereby their
commissioners respectively to form a Sino-Japanese Joint Commission, that is to say:
The Government of the Chinese Republic: Cheng-ting Thomas Wang, Director-
General for the Rehabilitation of Shantung Rights; Tsai-chang Tang, Councillor
to the Ministry of Foreign Affairs; Tung-fan Hsu, Councillor to the Directorate-
General for the Rehabilitation of Shantung Rights; and Chen-Kan, Former Adviser
to the Inspectorate-General of Hunan and Hupeh.
The Government of the Japanese Empire: Yukichi Obata, Envoy Extraordinary
and Minister Plenipotentiary to China; Masanoske Akiyama, Chief of Tsingtao
Civil Administration; Kasuji Debuchi, Councillor of Embassy.
Who have agreed at Peking upon the following articles:—
Section I.—Iransfer of the former German Leased Territory of Kiaochow
Art. I.—The Government of Japan, in accordance with Article I. of the Treaty for
the Settlement of Outstanding Questions Relative to Shantung on the transfer ta
China of the former German Leased Territory of Kiaochow has decided to transfer
the entire administration to China at noon on the 10th day of the twelfth month of
the eleventh year of the Chinese Republic (or 10 th day of the 12 th month of the 11th
year of Taisho). After such transfer, all administrative rights and responsibilities
shall belong to China, but in accordance with the agreement those which should be-
long to the Japanese Consulate are not covered by this Article.
Art II.—The Governments of China and Japan shall appoint a committee with
powers of concluding detailed arrangements for the transfer or taking over of the
administration of public properties (including wharves and warehouses) as well as
the transfer or taking over of the necessary documents as stipulated in Articles III.
and IY. of the Treaty for the Settlement of Outstanding Questions Relative to-
Shantung.
Art. III.—The committees of the Governments of China and Japan as stated in
the above-mentioned Article shall complete all matters concerning the transfer or
taking over within one month from the day of the transfer to China of the adminis-
tration.
Art. IY.—The Government of China shall respect all the judgments of the
Japanese courts as well as the force of all the registrations, evidences, certificates, etc.
Section II.—Withdrawal of Japanese Troops
Art. V.—All Japanese troops (including gendarmes) stationed at Tsingtao shall
be withdrawn withiu twenty days from the date as stated in Article I.
Section III.—Leasing of Land
Art. YI.—The Government of China agrees to extend the permit granted by the
Japanese Administration before the exchange of ratifications of the Treaty for the
Settlemeut of Outstanding Questions Relative to Shantung to thirty years upon its
expiration and under the same conditions.
Upon expiration of the above-mentioned thirty years such lease may still be con-
tinued but it shall be in accordance with Land Regulations of Kiaochow. Permit
of land not yet expired, granted by the Japanese Administrations before the ex-
change of ratifications and on which no construction has been begun is, however, not
covered by the stipulations in the above paragraph.
THE TRANSFER OF SHANTUNG 193
Permit of land granted by the Japanese Administration after the exchange of
ratifications of the same Treaty shall all cease to be effective, but before the 10th day
of the 12th month of the 11th year of the Chinese Kepublic land on which construc-
tions have been begun may be given prior consideration by the Kiaochow Adminis-
tration when they are leased.
Section IV.—Public Properties
Art. VII.—In accordance with Article VII. of the Treaty for the Settlement
of Outstanding Questions Relative to Shantung public properties which ought to be
retained by Japan are as follows :
(a.) Properties needed by the Japanese Consulate.
(b.) Properties needed by the Japanese community.
All boundaries of the two kinds of the above-mentioned public properties to be
retained are limited to what is indicated.
Art. VIII.—All public properties beyond what is stated in Article IV. shall be
transferred to China.
Art. IX. — Public properties along the Kiaochow-Tsinanfu Railway which ought
to be retained by the Japanese Government in accordance with the agreement for
the withdrawal of Japanese troops shall be separately agreed upon by the two Govern-
ments when the names of places to be opened to international trade are decided upon.
Art. X.—The Government of Japan agrees to transfer to China without com-
pensation half of the Tsingtao-Sasebo Cable. The Tsingtao end of the said cable shall
be managed by the Government of China and the Sasebo end of the same by the
Government of Japan.
Art. XI.—Arrangements for the management of the said cable shall be separately
agreed upon by the two Governments.
Art. XII.—The Government of China declares that upon expiration of the tele-
graph and cable monopoly granted to the foreign concerns she will discontinue it
upon its own initiative and will not further grant any monopoly to any Government,
Company, or individual.
Art. XIII.—The Government of China agrees upon taking over the Tsingtao-
and Tsinanf u Wireless Stations to open them to public use within the following spheres:
(1.) Between Tsingtao Wireless Station and steamers on the seas.
(2.) Between Tsingtao and Tsinanfu Wireless Stations (for so long a period as-
both stations exist).
Art. XIV.—The Government of China agrees to continue the use of Japanese-
alphabets in the following telegraph services :
(1.) Tsingtao Cable service.
(2.) Tsingtao Wireless service.
(3.) Tsingtao, Szefang and Tsangkow services.
The above-mentioned telegraph services at Szefang and Tsangkow, when
dispatching and receiving Japanese alphabets, shall require a special charge, the
exact amount of which shall be agreed upon by the responsible authorities of China
and Japan.
Art. XV.—The Government of China agrees upon taking over the Kiaochow-
Tsinanfu Railway (including branch lines) to open the telegraph service at the
main stations along the railway to public use.
Art. XVI.—The Government of China agrees upon taking over the military
telephone service between Tsingtao and Tsinanfu to open it herself to public use and
give the subscribers fair facilities.
Section VI.—Salt Interests
Art. XVII.—The Governments of China and Japan acting in accordance with
Article V. of the Treaty for the Settlement of Outstanding Questions Relative to
Shantung agree upon the following provisions for the exportation of salt along the
shore of Kiaochow:
7
194 THE TRANSFER OF SHANTUNG
(1.) Japan shall, witbin a period of fifteen years beginning from the twelfth
year of the Chinese Republic, purehase annually Tsingtao salt between
the maximun amount of 350,000,000 catties and the minimum amount
of 100,000,000 catties. But upon expiration of the above-mentioned
period further arrangement may be made.
(2.) The Government of China agrees to apply regulations for the inspection
of the quality of salt promulgated January of the 10th year of Taisho to
the Tsingtao salt purchased by Japan. But in case of the necessity for
change, further arrangement may be made.
(3.) The place for delivery of salt shall be the wharves of Munji or other
places designated by the Japanese responsible authorities. But, in case
of exportation of salt to other place than Munji, the difference of similar
freight charge for salt exported from other quarters shall he given (the
difference between Munji and the place to he designated).
(4.) The detailed arrangements for the purchase of salt by Japan as stated
above shall be agreed upon by the Chinese and Japanese responsible
authorities.
Section YII.—Compensation for Public Properties and Salt Industries
Art. XVIII.—The Government of China agrees, in accordance with Article VI.
on the compensation for public properties to be transferred and Article XXV. on the
compensation for the Japanese salt industries along the shore of Kiaochow Bay of
the Treaty for the Settlement of Outstanding Questions Relative to Shantung, to
deliver to the Government of Japan Y. 16,000,000.
Two million yen of the above-mentioned amount shall be paid in cash within
one month after transfer of public properties and salt industries.
Art. XIX.—The Government of China agrees in payment for the above-men-
tioned Y. 14,000,000 to deliver to Japan treasury notes upon the complete transfer of
public properties and salt industries.
Art. XX.—The conditions for the above-mentioned treasury notes are as follows:
(1.) The total value of Chinese treasury notes shall be 14,000,000 yen.
(2.) The Chinese treasury notes shall bear an annual interest of 6 per cent.
(3.) These notes shall be redeemed within a period of fifteen years. No
principal is to be paid on the first year. Beginning from the second
year, a sum to the amount of Y. 500,000 shall be paid two times a year on
the date of payment of interest, but at any time after the second year
upon three months’ notice all the treasury notes may be redeemed.
(4.) Besides the surplus to the Customs revenue and Salt Gabelle which will
serve as securities for these treasury notes the Chinese Government shall
give consideration to select other kind of reliable securities and reach an
agreement with the Japanese Minister at Peking at an early date. The
Government of China agrees to give priority to such treasury notes upon
re-organization of the Chinese foreign loans.
(5.) If the above-mentioned securities are not sufficient to meet the principal
or interest of the treasury notes the Chinese Government agrees to pay
through other kind of sources.
(6.) Interest of the Chinese treasury notes shall be paid twice a year begin-
ning from the day of the delivery of such notes.
(7.) The place for the redemption of principal or interest of these treasury
notes is decided to be at Tokyo and to be managed through the Yokohama
Specie Bank, but if the place for delivery of payments or the name of
banks should be changed for the convenience of the Japanese Govern-
ment, it must be arranged with the Chinese Government.
(8.) The Government of China shall free the treasury notes and coupons as
well as the redemptions of the principal or interest of the said treasury
notes from all taxes or duties.
THE TRANSFER OF SHANTUNG 195
(9.) These treasury notes may after delivery be partially or completely trans-
ferred to others at the convenience of the Japanese Government.
(10.) These notes shall be known as the treasury notes in Japanese gold yen
for the compensation of public properties and salt industries at Tsingtao.
(11.) These treasury notes shall have attached to them half-yearly interest
coupons and shall bear all the conditions such as marks, numbers, data
of delivery, the signatures of Chinese representatives, seals, amount of
interest, period of redemption, security, certificate for the payment by the
Chinese Government, mode of payment for principal and interest, and the
underwriters. The treasury notes are to be divided into two kinds of
100,000 yen and 500,000 yen to be made up in accordance with the
numbers required.
(12.) Expenses for the printing of the treasury notes shall be borne by the
Chinese Government.
(13.) Pending the delivery of the formal Chinese treasury notes, the Chinese
Government shall give a provisional certificate.
Section YIII.—Mines
Art. XXI.—The Governments of China and Japan, with a view to organize a
Company in accordance with Article XXII. of the Treaty for the Settlement of Out-
standing Questions Relative to Shantung, shall cause entrepreneurs to be selected by
the capitalists respectively who will organize a company for the conduct of the
business.
Art. XXII.—Upon the establishment of the Company organized in accordance
with a special charter from the Chinese Government, the Japanese Government
shall transfer all the mines of Tzechuen, Fangtza and Chinglinchen to the said
company.
Art. XXIII.—The above-mentioned Company shall be a Sino-Japanese joint
concern. Its capital and additional investments shall be divided equally by Chinese
and Japanese nationals.
Art. XXIV.—The amount of the total payment to Japan to be made by the said
Company shall be Y. 5,000,000.
Art. XXV.—The detailed arrangements for the payment of the amount men-
tioned in the above Article shall be arranged after the latter’s establishment.
Section IX.—Maritime Customs
Art. XXVI —The Government of China agrees to continue the present bonded
warehouse system.
Art. XXVII.—The Government of China agrees to free from import duty such
articles mentioned in (c) of Article III. in the Amendment to the Maritime Customs-
Agreement of 1905, as were purchased before the date of February 4th, 1922, for
four years beginning from the said date.
Art. XXVIII.—The Government of China agrees to accord similar treatment ta
the factories within the former German Leased Territory of Kiaochow as given to-
factories in the other ports after the 10th day of the 12th month of the 11th year,
but upon change of such regulations after such date all materials and articles im-
ported to the factories in accordance with the agreement of April 17th, 1907, which
could be proved to the Maritime Customs upon delivery of necessary certificates may
still take advantage of the said agreement.
In witness whereof the respective commissioners have signed the present
agreement in duplicates in the Chinese and Japanese languages, and have affixed
thereto iheir seals. Each Commission shall keep one copy in Chinese and another
copy in Japanese.
Done at the City of Peking, 1st day of 12th month of 11th year of the Chinese-
Republic.
7*
TREATIES WITH SIAM
GREAT BRITAIN
TREATY OF FRIENDSHIP AND COMMERCE
Ratifications Exchanged at Bangkok, 15th April, 1856
Art. I.—There shall henceforward he perpetual peace and friendship between
Her Majesty and her successors, and Their Majesties the Kings of Siam and their
successors. All British subjects coining 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 Bangkok;
he will himself conform to, and will enforce the observance by Biitish subjects of, all
the provisions of 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 he heard and determined by the Consul, in conjunction with the proper
Siamese officers; and criminal offences will he punished, in the case ot 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 Biitish 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
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
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 Cortsul, nor be entitled
to his protection.
Art. lY.—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
TREATY BETWEEN GREAT BRITAIN AND SIAM 197
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 exception 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
necessary 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 authorities; he shall conform, in ordinary matters, to
any just directions given 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. V.—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
assigned by this Treaty for the residence of British subjects, without a passport from
the Siamese authorities, to be applied for by the Britsh Consul; nor shall they leave
Siam if the Siamese authorities show to the British Consul that legitimate objection
•exists to their quitting the country. But within the limits appointed under the
preceding article, British 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 sucli detention shall be immediately reported to the Consul.
Art. YI.—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 G-overnment 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
•G-overnment 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
rigid to dispose of the services of the person engaged.
Art. VII.—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
TEEATY BETWEEN GREAT BRITAIN AND SIAM
coming into operation, and British shipping and trade will henceforth be only subject
to the payment of import and export duties on the goods landed or shipped. On all
articles of import the duties shall be three per cent., payable at the option of the
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 unsaleable
and re-exported. Should the British merchant and the Custom-house officers dis-
agree 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
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
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
articles in which they trade, and in like manner to sell their goods directly to the
parties wishing to purchase the same, without ths interference, in either case, of any
other person.
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
it is agreed that British 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
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.
Bullion or personal effects may be imported free of charge.
Art. IX.—The code of regulations appended to this Treaty shall be enforced by
the Consul, with the co-operation of the Siamese authorities; and they, the said
authorities and Consul, shall be enabled to introduce any further regulations which
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
of this Treaty shall be paid to the Siamese Government.
Until the British Consul shall arrive at Bangkok and enter upon his functions
the consignees of British vessels shall be at liberty to settle with the Siamese
authorities all questions relating to their trade.
Art. X.—The British Government and its subjects will be allowed free and equal
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
Treaty, upon the desire of either the British or Siamese Government, and on twelve
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
the Regulations hereunto annexed, or those that may hereafter be introduced, shall be
subject to revision by Commissioners appointed on both sides for this purpose, who
will be empowered to decide on and insert therein such amendments as experience
shall prove to be desirable.
GENERAL REGULATIONS UNDER WHICH BRITISH
TRADE IS TO BE CONDUCTED IN SIAM
Art. I.—The master of any English ship coming to Bangkok to trade must,
either before or after entering the river, as may be found convenient, report the
arrival of his vessel at the Custom-house at Paknam, together with the number of
his crew and guns, and the port from whence he comes. Upon anchoring his vessel
at Paknam, he will deliver into the custody of the Custom-house officers all his guns
and ammunition; and a Custom-house officer will then be appointed to the vessel,
and will proceed in her to Bangkok.
Art. II.—A vessel passing Paknam without discharging her guns and ammuni-
tion as directed in the foregoing regulation will be sent back to Paknam to comply
with its provisions, and will be fined eight hundred ticals for having so disobeyed.
After delivery of her guns and ammunition she will be permitted to return to
Bangkok to 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 permission shall be obtained, or smuggling, either when in the river or outside
the bar, shall be subject to the penalty of eight hundred ticals and confiscation of
the goods so smuggled or discharged.
Art. V.—As soon as a British vessel shall have discharged her cargo and
completed her outward lading, paid all her duties and delivered a. true manifest of
her outward cargo to the British Consul, a Siamese port-clearance shall be granted
her on application from the Consul, who in the absence of any legal impediment to
her departure, will then return to the master his ship’s papers, and allow the vessel
to leave. A Custom-house officer will accompany the vessel to Paknam; and on
arriving there she will be inspected by the Custom-house officers of that station, and
will receive from them the guns and ammunition previously delivered into their
charge. The above regulations, numbered from 1 to 5, are obligatory under the
Treaty concluded between Great Britain and Siam; those which follow, numbered
from 6 to 14, are equally to be observed by masters of British vessels and their crews.
Art. VI.—Masters of British vessels, when reporting their arrival at Her Majesty’s
Consulate at the port of Bangkok, as directed by the fourth regulation above quoted,
shall notify in writing the names of all passengers and persons not forming part of
the registered crew.
Notice must likewise be given of the number and names of persons, who, as
passengers or in any other capacity (seamen borne on the muster-roll excepted), in-
tend to leave Siam in a British vessel.
Art. VII.—Seamen, lascars, and others belonging to British vessels in the port
are strictly prohibited to wear side knives and other weapons while on shore.
Art. VI11.—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 seam in or apprentice to desert,
incurs, according to the Merchant Shipping Act, 1851, paragraph 257, a penalty not
200 TARIFF OF DUTIES—SIAM
exceeding ten pounds; or any such subject who wilfully harbours or secretes a person
deserted from his ship incurs a penalty not exceeding twenty pounds, if it be proved
that he had knowledge of his being a deserter.
In default of the payment of such fines, the offender is to be imprisoned in the
Consular gaol for any term not exceeding three months, with or without hard labour.
Art. X.—All cases of death, and especially of sudden death, occurring on board
of British vessels in the port of Bangkok must be immediately reported at the
Consulate.
Art. XI.—The discharge of guns from vessels anchored in the port of Bangkok,
without notice having been previously given, and permission obtained through H.M.
Consul from the proper Siamese authority, is forbidden, under a penalty not exceed-
ing ten pounds.
Art. XII.—It is strictly prohibited to shoot birds within the precincts of the
Wats or Temples, either in Bangkok or elsewhere within the Siamese dominions, or to
injure or damage any of the statues or figures, the trees or shrubs in such localities of
Siamese worship; any British subject or seaman of a British vessel guilty of such an act
renders himself liable to a penalty not exceeding twenty pounds, or in default thereof
to an imprisonment in the Consular gaol for a period of not more than one month.
Art. XIII.—When a vessel under the British flag is ready to leave the port of
Bangkok, the master will give notice at the Consulate office, and hoist a blue peter
twenty-four hours before departure, which is to fly until she breaks anchorage.
Art. XIV.—Should any vessel take in or discharge cargo subsequent to the issue
of the Siamese port clearance, as directed by the fifth regulation above quoted, the
master, as in a case of smuggling, subjects himself to a penalty of 800 ticals (equal
to <£100), and goods so taken or discharged will be liable to confiscation.
Art. XV.—Every fine or penalty levied under these regulations is (if not paid
in sterling money) at the rate of eight ticals Siamese currency for one pound.
Tariff of Export and Inland Duties to be levied on Articles of Trade
I.—The undermentioned Articles shall be entirely free from Inland or other
taxes, on production of transit pass, and shall pay Export Duty as follows:—
Tical Salung Fuang Hun0 per picul
Gamboge horns
Rhinoceros’
Cardamons,
Cardamons, best
bastard
Dried mussels
Pelicans’ quills
Betel nut,
Krachi wood dried
Sharks’
Sharks’ fins, white
fins,seed
black
Lukkraban
Peacocks’ tails 03 perper100picultail*
Buffalo and
Rhinoceros’ cow
hidesbones ...
Hide
Turtlecuttings
shell
Soft ditto
Beche-de-mer
Fish maws
Birds’ nests,feathers
uncleaned
Kingfishers’
Cutch per 100
per picul
Beyche
Pungtaraiseed (Nux
seed Vomic(
Gum
AngraiBenjamin
bark
Agilla
Ray wood
skins
Old deers’ hornsditto
Soft, or young 10 per cent.
TAEIFF OF DUTIES—SIAM 201
3233 Deer hides, fine Tical Salung Fuang Hun 0 per 100 hides
Deer sinews
353436 Deer
hides, common ..
Buffalo and cow hides 00 per picul
3738 Elephants’
Tigers’
Buffalo
bones
bones
horns
39 Elephants’ hides 0 per skin
414042 Tigers’ skinskins
Armadillo
Sticklac 30 per picul
4344 Hemp
4546 Dried
Dried Fish, Plusalit
Fish,
Sapanwcod
Plaheng ....
4748 Mangrove
Salt meat bark
5051 Rice...
Ebony.. 4 4 0 0 per koyan
II.—The undermentioned Articles being subject to the Inland or Transit duties
herein named, and which shall not be increased, shall be exempt from export duty:—
Tical Salun Fuang Hun
5253 Sugar,„ White
Red 00 21 00 00 per„picul
5455 Cotton,
Paper clean and uncleaned 10 percent.
575866 Dried
Salt fish.andPlat
Beans Peas, 11 twelfth
one 0 p. 1,000 fish
5960 Tilseed Prawns
Silk, raw
6162 Bees’ wax
Tawool
6364 Tobacco
Salt 00 per
per picul
Op. 1,000koyan
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 G-overnments 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 His Siamese Majesty’s Minister for Foreign Affairs, duly authorized to
that effect, have agreed as follows:—
Art. I.—The registration according to Article V. of the Treaty of April 18th,
1885, 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.
202 AGREEMENT RELATIVE TO REGISTRATION OF BRITISH SUBJECTS
3. All persons of Asiatic descent, born -within the Queen’s dominions, or
naturalized witbin 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 Qpen 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 whom 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 Geeville.
„ „ Devawongse Yaroprakar.
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 and
ordinary Majesty the King
Minister of Great Britain,
Plenipotentiary, etc.; Kalph Paget, the
His Majesty Esq.,King
his Envoy
of Siam,Extra-
His
Koyal Highness. Prince Devawongse Yaroprakar, Minister for Foreign Affairs, etc.;
who, after having communicated to each other their respective full powers, and
found them to be in good and due form, have agreed upon and concluded the follow-
ing Articles:—
Art. I.—The Siamese Government transfers to the British Government all
rights of Suzerainty, protection, administration, and control whatsoever which they
possess oyer the States of Kelantan, Tringganu, Kedah, Perlis, and adjacent islands.
The frontiers of these territories are defined by the Boundary Protocol annexed hereto.
TREATY BETWEEN GREAT BRITAIN AND SIAM
Art. II.—The transfer provided for in the preceding Article shall take place
within thirty days after the ratification of this Treaty.
Art. III.—A mixed Commission, composed of Siamese and British officers, shall
he appointed within six months after the date of ratification of this Treaty, and shall
be charged with the delimitation or the new frontier. The work of the Commission
shall be commenced as soon as the season permits, and shall be carried out in
accordance with the Boundary Protocol annexed hereto.
Subjects of His Majesty the King of Siam residing within the territory de-
scribed in Article I. who desire 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
Government undertake that they shall be at liberty to retain their immovable
property within the territory described in Article I.
It is understood that in accordance with the usual custom where a change of
suzerainty takes place any Concessions within the territories described in Article I.
hereof to individuals or companies, granted by or with the approval of the Siamese
Government, and recognized by them as still in force on the date of the signature of
the Treaty, will be recognized by the Government of His Britannic Majesty.
Art. IV.—His Britannic Majesty’s Government undertake that the Government
of the Federated Malay States shall assume the indebtedness to the Siamese Govern-
ment of the territories described in Article I.
Art. V.—The jurisdiction of the Siamese International Courts, established by
Article VIII. of the Treaty of the 3rd September, 1883, shall, under the conditions
defined in the Jurisdiction Protocol annexed hereto, be extended to all British sub-
jects in Siam registered at the British Consulates before the date of the present Treaty.
This system shall come to an end and the jurisdiction of the International
Courts shall be transferred to the ordinary Siamese Courts after the promulgation
and.the coming into force of the Siamese codes, namely, the Penal Code, the Civil
and Commercial Codes, the Codes of Procedure, and the Law for organization of
Courts.
All other British subjects in Siam shall be subject to the jurisdiction of the
ordinary Siamese Courts under the conditions defined in the Jurisdiction Protocol.
Art. VI.—British subjects shall enjoy throughout the whole extent of Siam the
rights and privileges enjoyed by the natives of the country, notably the right of
property, the right of residence and travel.
They and their property shall be subject to all taxes and services, but these
shall not be other or higher than the taxes and services which are or may be imposed
by law on Siamese subjects. It is particularly understood that the limitation in the
Agreement of the 20th September, 1900, by which the taxation of land shall not
exceed that on similar land in Lower Burmah, is hereby removed.
British subjects in Siam shall be exempt from all military service, either in the
army or navy, and from all forced loans or military exactions or contributions.
Art. VII.—The provisions of all Treaties, Agreements, and Conventions between
Great Britain and Siam, not modified by the present Treaty, remain in full force.
Art. VIII.—The present Treaty shall be ratified within four months from its date.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty and affixed their seals.
Hone at Bangkok, in duplicate, the 10th day of March, in the year 1909.
[Seal] (Signed) Ralph Paget.
„ „ Dkvawongse Varoprakak.
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:—
204 TREATY BETWEEN GREAT BRITAIN AND SIAM
Commencing from the most seaward point of the northern bank of the estuary
of the Perlis River and thence north to the range of hills which is the watershed
between the Perlis River on the one side and the Pujoh River on the other; then
following the watershed formed by the said range of hills until it reaches the main
watershed or dividing line between those rivers which flow into the Gulf of Siam on
the one side and into the Indian Ocean on the other; following this main watershed
so as to pass the sources of the Sungei Patani, Sungei Telubin, and Sungei Perak,
to a point which is the source of the Sungei Pergau; then leaving the main watershed
and going along the watershed separating the waters of the Sungei Pergau from
the Sungei Telubin, to the hill called Bukit Jeli or the source of the main stream of
the Sungei Golok. Thence the frontier follows the thalweg of the main stream of
the Sungei Golok to the sea at a place called Kuala Tabar.
This line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei
Tanjung Mas and the valley on the left or west bank of the Golok to Siam and the
whole valley of the Perak River and the valley on the right or east bank of the
Golok to Great Britain.
Subjects of each of the parties may navigate the whole of the waters of the
Sungei Golok and its affluents.
The island known as Pulo Langkawi, together with all the islets south of mid-
channel between Terutau and Langkawi and all the islands south of Langkawi shall
become British. Terutau and the islets to the north mid-channel shall remain
to Siam.
With regard to the islands close to the west coast, those lying to the north of
the parallel of latitude where the most seaward point of the north bank of the
Perlis River touches the sea shall remain to Siam, and those lying to the south of
that parallel shall become British.
All islands adjacent to the eastern States of Kelantan and Tringganu, south of
a parallel of latitude drawn from the point where the Sungei Golok reaches the coast
at a place called Kuala Tabar shall be transferred to Great Britain, and all islands
to the north of that parallel shall remain to Siam.
A rough sketch of the boundary herein described is annexed hereto.
2. The above-described boundary shall be regarded as final, both by the Govern-
ments of His Britannic Majesty and that of Siam, and they mutually undertake that,
so far as the boundary effects any alteration of the existing boundaries of any State
or province, no claim for compensation on the ground of any such alteration made
by any State or province so affected shall be entertained or supported by either.
3. It shall be the duty of the Boundary Commission, provided for in Article III
of the Treaty of this date, to determine and eventually mark out the frontier above
described.
If during the operations of delimitation it should appear desirable to depart
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 Varoprakar.
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 such places as may seem
desirable in the interests of the good administration of justice; the selection of these
places shall form the subject of an understanding between the British Minister at
Bangkok and the Siamese Minister for Foreign Affairs.
TREATY BETWEEN GREAT BRITAIN AND SIAM 205
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
in18accordance with the provisions of Article VIII. of the Treaty of the 3rd September,
83.
The right of evocation shall cease to be exercised in all matters coming within
the scope of codes or laws regularly promulgated as soon as the text of such codes or
laws shall have been communicated to the British Legation in Bangkok. There shall
be an understanding between the Ministry for Foreign Affairs and the British
Legation at Bangkok for the disposal of cases pending at the time that the said
codes and laws are communicated.
Sec. 4.—In all cases, whether in the International Courts or in the ordinary
Siamese Courts in which a British subject is defendant or accused, a European legal
adviser shall sit in the Court of First Instance.
In cases in which a British born or naturalized subject not of Asiatic descent
may be a party, a European adviser shall sit as a Judge in the Court of First
Instance, and where such British subject is defendant or accused the opinion of the
adviser shall prevail.
A British subject who is in the position of defendant or accused in any case
arising in the provinces may apply for a change of venue, and should the Court
consider such change desirable the trial shall take place either at Bangkok or before
the Judge in whose Court the case would be tried at Bangkok. Notice of any such
application shall be given to the British Consular officer.
Sec. 5.—Article IX. of the Treaty of the 3rd September, 1883, is repealed.
Appeals against the decisions of the International Courts of First Instance shall
be adjudged by the Siamese Court of Appeal at Bangkok. Notice of all such
appeals shall be communicated to His Britannic Majesty’s Consul, who shall have
the right to give a written opinion upon the case to be annexed to the record.
The judgment on an appeal from either the International Courts or the ordinary
Siamese Courts shall bear the signature of two European Judges.
Sec. 6.—An appeal on a question of law shall lie from the Court of Appeal at
Bangkok to the Supreme or Dika Court.
Sec. 7.—No plea of want of jurisdiction based on the rules prescribed by the
present Treaty shall be advanced in any Court after a defence on the main issue has
been offered.
Sec. 8.—In order to prevent difficulties which may arise in future from the
transfer of jurisdiction contemplated by the present Treaty and Protocol, it is agreed:—
(a.J All cases in which actiqn 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) Kalph Pauet.
Devawongse Varopuakar.
TREATY BETWEEN GREAT BRITAIN AND SIAM
Annex 3
Mr. Paget to Prince Devawongse
M. le Ministre, March 10, 1909.
In view of the position of British possessions in the Malay Peninsula and of the
contiguity of the Siamese Malay provinces with British-protected territory, His
Majesty’s Government are desirous of receiving an assurance that the Siamese
Government will not permit any danger to arise to British interests through the use
of any portion of the Siamese dominions in the peninsula for military or naval
purposes by foreign Powers.
His Majesty’s Government would therefore request that the Siamese Govern-
ment shall not 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. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909.
I have the honour to acknowledge receipt of your note of this date, in which
you express the desire of your Government that the Siamese Government shall not
cede or lease, directly or indirectly, to any foreign Government any territory situated
in the Malay Peninsula south of the southern boundary of the Monthon Rajaburi
or in any of the islands adjacent to the said territory; also that withiu the limits
above-mentioned a right to establish or lease any coaling station, to build or own any
construction or repairing docks, or to occupy exclusively any harbours, the occupation
of which would be likely to be prejudicial to British interests from a strategic point
of view, shall not be granted to any foreign Government or company.
In reply, I beg to say that the Siamese Government gives its assurance to the
above effect, taking note that the phrase “coaling station” shall not include such
small deposits of coal as may be required for the pui'poses of the ordinary shipping
engaged in the Malay Peninsula coasting trade.
(Signed) Devawongse Varoprakar.
Prince Devawongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909.
With reference to the provision contained in Article IV. of the Jurisdiction
Protocol to the effect that in all cases in which a British subject is defendant or
accused a European adviser shall sit in Court, I would express the hope, on behalf of
His Majesty’s Government, that His Britannic Majesty’s Government will be prepared
in due course to consider the question of a modification of or release from this
guarantee whenwithit shall
in connection such be no longer needed;
a modification and,themoreover,
or release that be
matter may in any negotiations
treated upon its
merits alone, and not as a consideration for which some other return should be expected.
The Siamese Government appreciates that a Treaty like the one signed to-day
marks an advance in the administration of justice in the kingdom. The conclusion
of such a Treaty is in itself a sign of progress. It is the intention of the Siamese
Government to maintain the high standard in the administration of justice which it
has set before it, and towards which it has been working for some time.
In this connection I take pleasure in acknowledging the contribution which Mr.
J. Stewart Black has made to this work.
TREATY BETWEEN UNITED KINGDOM AND SIAM 207
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 Article IY. of
the Jurisdiction Protocol, I have the honour to state that His Majesty’s Government
will be prepared in due course to consider the question of modification of or release
from this guarantee when it shall no longer be needed. His Majesty’s Government
are also willing that in any negotiations in connection with such a modification or
release the matter shall be treated upon its merits alone, and not as a consideration
for which some other return shall be expected.
His Majesty’s Government leam with much satisfaction that it is the intention
of the Siamese Government to maintain the high standard in the administration of
justice which it has set before it, and towards which it has been working for some
time; and I may assure your Eoyal Highness that it will be the aim of His Majesty’s
Government in every manner to second the efforts of His Siamese Majesty’s Govern-
ment in this direction.
I wish also to say that the International Courts referred to in Section 1 of the
Protocol on Jurisdiction annexed to the Treaty signed to-day need not necessarily be
Courts specially organized for this purpose. Provincial (“Monthon”) Courts or
District (“Muang”) Courts may constitute International Courts, according as British
subjects may be established in greater or less number within the jurisdiction of those
Courts. The fact that an ordinary Court is designated as an International Court will
have as a consequence the introduction into that ordinary Court of all the provisions
relating to International Courts secured by the Protocol on Jurisdiction.
(Signed) Ealph 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 permit, to the
rendition of fugitive criminals between the territories of His Majesty the King of
Siam and the State of North Borneo.
Art. II.—In pursuance of the provisions of Article 3 of the said Extradition Treaty
there shall reciprocally be no obligation on the part of the State of North Borneo to
surrender to Siam any person who is a subject of that State or a British subject.
Done in duplicate at Bangkok, the 18th day of September, in the year 1913 of
Christ, and in the year 2456 of Buddha.
[l.s.] Arthur Peel.
„ Devawongse Varoprakar.
FOREIGN JURISDICTION
STATUTORY RULES AND ORDERS, 1909, No. 754
The Siam Order-in-Cottncil, 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. Hobhouse.
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
States of Kelantan, Tringganu, Kedah, Perils, and the adjacent islands,
were transferred to the Government of His Majesty, the frontiers of the said
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
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
annexed to the said recited Treaty of the 10th March, 1909, and printed in the
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 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, 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.”
FOREIGN JURISDICTION BETWEEN GREAT BRITAIN AND SIAM 209
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 Government, 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.
6. 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 Order, 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 Eight Honourable Sir Edward Grey, Baronet, one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
A. W. Fitzroy.
FRANCE
THE AT Y BETWEEN FRANCE 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 Euolos. It follows the parallel of
this point in an Eastward direction till it meets the Eiver 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 range, 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 and 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
Eiver 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 Eiver Nam-Kop,
the course of which it follows till it meets the Mekong.
III. —The delimitation 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 contracting-
countries. The duties of those 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.
IV. —The Siamese Government renounces all Sovere
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.
V. —As soon as the Agreement stipulated for in Paragra
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.
VI. —The stipulations of Clause IV. of the Treaty of Octo
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-
Gendarmerie, 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 211
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 Mekong
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 is
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 O
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 two
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 accept
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 to
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 bom
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 the
-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:—
1. In criminal matters, French subjects or French proteges shall only
be amenable 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
212 TREATY BETWEEN PRANCE AND SIAM
actions in which the defendant is a Siamese shall be heard before the Siamese-
Court of Foreign Causes, instituted at Bangkok. Except in the provinces of
Xieng Mai, Lakhon, Lampoun, and 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 be 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 he thinks fit, and upon a written requisition^,
claim 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 bound to give their assistance and good 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 protection of Asiatics
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.
XIY.—The Regulations under former Treaties, Agreements, and Conventions
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
which is drawn up in French and Siamese, the French text alone shall stand.
XVI. —The present Convention shall be ratified with
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 Battambangy
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,
ADDITIONAL TREATY BETWEEN FRANCE AND SIAM 213
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
i 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. Y.—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 (he 13th February, 1904,
shall be under the 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 in Siam.
The regime shall terminate and the jurisdiction of the International Courts
) shall be transferred to the ordinary Siamese Tribunals, after the promulgation and
! the bringing into force of the Siamese Codes (Penal Code, Civil and Commercial
! Code, Codes of Procedure, Law of Judicial Organization).
Art. YI.—French Asiatic subjects and protected persons shall enjoy throughout
the whole kingdom of Siam the same rights and privileges which the natives of the
j 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 requisitions 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
i 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
l text shall be binding.
Art. IX.—The present Treaty shall be ratified in not 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) Y. Collin (de Plancy).
„ DevawoSigse Vaeopbakae.
Protocol concerning tie 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 cases, the east slopes of these mountains, including the whole
of the basin of the Klong-Kopo, should continue to form part of French Indo-China.
214 ADDITIONAL TEEATY BETWEEN PEANCE AND SIAM
The frontier follows the crest of the Pnom-Krevanh 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
Labe. 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 Chantaboum 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 Eiver 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.-Xoh 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.
Prom 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.—Prom the side of Luang-Prabang, the frontier quits the Mekong, in
the south, at the mouth of the N am-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 IY. 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) Y. Collin (de Plancy).
„ Devawongse Yaroprakar.
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 Y. 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
subjects andcivil matterspersons
protected : to all are
civilinvolved.
or commercial matters in which French Asiatic
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 Udorn 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.
ADDITIONAL TREATY BETWEEN FRANCE AND SIAM 215
Clause IV.—The right of removing a cause shall be 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 YI.—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 YII.—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 Plenipotentiaries have signed the present
Protocol and have attached their seals.
Done at Bangkok, in duplicate, the 23rd March, 1907
(Signed) V. Collin (de Plancy).
„ Devawongse Yaropbakar.
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 13f/t February, 1904
Clause I.—In fulfilment of Article YI1I. 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 IY.—In accordance with Article IY. of the Treaty of the 3rd October,
1893, and with Article YIII. 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 offices 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) V. Collin (de Plancy)
Bernard. „ Devawongse.
JAPAN
TREATY OF FRIENDSHIP, COMMERCE AND
NAVIGATION BETWEEN JAPAN AND SIAM
Signed at Bangkok, 25th February, 1898
His Majesty the Eraperoi* 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 for that purpose, and have named as their Plenipo-
tentiaries that is to say:
His Majesty the Emperor of Japan, Manjiro Inagald, Shogoi, His Majesty’s
Minister Eesident at the Court of His Majesty the King of Siam, and His Majesty
the King of Siam, His Royal Highness Prince Krom Luang Devawongse Varoprakar,
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 Consuls-Gfeneral, 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 in 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
au
d securely to come and go with their ships and cargoes to and from all places,
TREATY BETWEEN JAPAN AND SIAM 2 IT
ports and rivers in the dominions and possessions of the other, which are now or
may hereafter be opened
Art,. Y.—The subjectsto offoreign
each commerce
of the highandcontracting
navigation.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. VI.—No other or higher duties shall be imposed on the importation into
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. VII.—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. 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 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 may be
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.
.218 TREATY 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 skip 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 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 pi-oceeds 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 afford the necessary assistance 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
the 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.
TREATY BETWEEN JAPAN AND SIAM 219
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 sextnplicate, 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 Eatanakosindr Sok and the eighteen
hundred and ninety-eighth year of the Christian era.
[l.s.] Manjieo Inagaki.
,, Devawongse Varopeakar.
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 Consular
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 accepts as binding upon Japane
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 the int
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 Treaty 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.
„ Devawongse Yaroprakar.
RUSSIA
DECLARATION EXCHANGED BETWEEN RUSSIA
AND SIAM
Signed at Bangkok, 23rd June, 1899
The Impei’ial Grovernment of Russia and the Royal Government of Siam, being
•desirous to facilitate 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 till 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 Governments, have signed
the following Declaration :—
I. —The Governments of Great Britain and France engage to on
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. 8, 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 any actio
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 northwards as
frontier the thalweg of the Mekong shall form the limit of the possessions or
spheres of influence of Great Britain and France. It is agreed that the nationals
and dependents of each of the two countries shall not exercise any jurisdiction or
authority within the possessions or sphere of influence of the other.
The police of the islands in this part of the river, which are separated from
the British shore by a branch of the river, shall, so long as they are thus separated,
be entrusted to the French authorities. The fishery shall be open to the
inhabitants of both banks.
IV. —The two Governments agree that all commercial and o
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 ai-rangement 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 IY.—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. Y.—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 and
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. YI.—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 tlie 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,
anJ exportation of prepared opium and repression of smuggling;
The undersigned, duly authorised thereto by their respective Governments, 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.
Art. II.—The Macao Opium Parmer will not 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. IV.—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 not
prohibit hereafter such imports of opium.
Art. V.—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 ar.d above the 240 chests
referred to in Article 4.
Art. VI.—The Governor of Macao will have power to grant licences under the
preceding Article for the importation of the quantities of raw opium exceeding the
limit 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. (Signed) P. de Tovar.
TREATY PORTS, PORTS OP CALL, AND PLACES OPEN
TO EOREIGN TRADE IN THE PAR EAST
[Note.—E.O. signifies “ effectively opened.”]
I.—CHINA
(a) Treaty ports and places opened by China to foreign trade
Aigun (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).
Amoy (Nanking), 1842.
Antung (United States’ Treaty, 1903; actually opened, May 1, 1906).
Canton (Nanking, 1842).
Changchun (Japanese Treaty, 1905, E.O. January 14, 1907).
Changsha (Japanese Treaty of October 8, 1903, E.O. July 1, 1904).
Chefoo (Yentai or Tangchow) (Tientsin, 1858, E.O. 1861). a
Chinan (Imperial Decree, 1904, E.O. January 20, 1906).
Ching-wang-tao (Imperial Decree, 1898).
Chinkiang (Tientsin, 1858, E.O. 1861).
Choutsun (Imperial Decree, 1904, E.O. January 20, 1906).
Chungking (Additional Article, Peking, 1890; Shimonoseki, 1895).
Dairen (Dalny) (by Japan, E.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.
Kirin (Japanese Treaty, 1905, E.O. January 14, 1907).
Kiukiang (Tientsin, 1858, E.O. 1861). b
Kiungchow (or Hoihow-in-Hainan) (Tientsin, 1858).
Kong Kung Market (Special Article, 1897, modifying Burmah Convention,1894).
Kongmoon (Shanghai Treaty, 1902).
Kowloon, port of entry for Canton.
Kuang-chouwan (leased to France).
Lappa, port of entry for Canton.
Liao Yang (Sino-Japanese Treaty, 1905; actually opened, June 28, 1907).
Lungchow (French Treaty, 1886).
Mandchourie (Manchuli) (Japanese Treaty, 1905, E.O. January 14, 1907).
Mengtze (French Treaty, 1886).
Mukden (United States’ Treaty, 1903; actually opened, June 1, 1906).
Nanking (French Treaty, 1858, E.O. 1899).
Nanning (Note from Tsung-li Yamen to Sir C. MacDonald of February 4, 1897.,.
supplementing Treaty of 1897 modifying Burmah Convention of 1894, E.O.
January 1, 1907).
Newchwang (or Yingkow) (Tientsin, 1858, E.O. 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.
FOREIGN TRADE IN THE FAR EAST 225
Sanhsing (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).
Santuao (or Funing; (Imperial Decree, 1898).
Shanghai (Nankin?, 1842).
Shashi (Shimonoseki, 1895).
Sinminting (Japanese Treaty, 1905, E.O. October 10, 1906).
Soochow (Shimonoseki, 1895).
Swatow (or Chao-Chow) Tientsin, 1858, E.O. 1860). a
Szemao (French Additional Convention, 1895).
Ta-tung-kou (Japanese Treaty, 1903).
Tengyueh (Momein) (Agreement of 1897, modifying Burmah Convention, 1894)
Tiehling (Japanese Treaty, 1905, E.O. September 10, 1906).
Tientsin (Peking, 1860).
Tsi-tsi-har (Japanese Treaty, 1905, E.O. January 14, 1907).
Tungchiangtzu (Japanese Treaty, 1905, E.O. September 10, 1906).
Weihaiwei.
Wei-hsien (Imperial Decree, 1904, E.O. January 20, 1906).
Wenchow (Chefoo, 1876, E.O. 1877).
Wuchow (Special Article, 1897, modifying Burmah Convention, 1894).
Wuhu (Chefoo, 1876, E.O. 1877).
Wusung (Imperial Decree, 1898).
Yochow (Imperial Decree, 1898).
Ports of call:—
(1.) On the Yang-tsze, for passengers and cargo—
Ho-kou (Chefoo Convention, 1876).
Luchikou (Chefoo Convention, 1876).
Nganking (Anking) (Chefoo Convention, 1876).
Tatung (Chefoo Convention, 1876).
Wu-Sueh (Chefoo Convention, 1876).
(2.) On the Yang-tsze, for passengers—
Hwangchow (Yang-tsze Begulations, 1898).
Hwang-tze-kang (Yang-tsze Begulations, 1898).
I-chang b (Yang-tsze Begulations, 1898).
Kiang-yin (Yang-tsze Begulations, 1898).
(3.) On the West Biver, for passenger and cargo—
Do-Sing c d (by Shanghai Treaty, 1902).
Komchuk (Burmah Convention, 1897).
Lo-ting-hau (by Shanghai Treaty, 1902). d
Pak-tau-hau (by Shanghai Treaty, 1902). d
Shiu-hing (Burmah Convention, 1897).
Takhing (Burmah Convention, 1897).
(4.) On the West Biver, for passengers—
Fung-chuen (Shanghai Treaty, 1902). d
How-lik (Shanghai Treaty, 1902). c d
Kau Kong (Shanghai Treaty, 1902). c d
Kulow (Shanghai Treaty, 1902). d
Luk Pu (Shanghai Treaty, 1902). c d
Luk To (Shanghai Treaty, 1902). c d
Mah-ning (Shanghai Treaty, 1902). c d
Wing-on (Shanghai Treaty, 1902). d
Yuet Sing (Shanghai Treaty, 1902). c d
Yungki (Shanghai Treaty, 1902). c d
ab Not
Chao-Chow is the portwith
to beforconfounded named in thetheTreaty.
Ichang, Treaty
of Hisdc Opened
Majesty’s passenger traffic
Consul-General in January,
prior 1903, byofport,
to 20,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
8
FOREIGN TRADE IN THE FAR EAST
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 opened in 1896
Keelung ..opened in 1896 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
Shimizud (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 Note) 1899
Shimonoseki d (Province of Nagato)1899 Fushikid (Province of Etchu) 1899
Moji d (Province of Buzen) 1899 Otarud (Province of Shiribeshi) ..1899
Hakata d (Province of Chikzen) .. .1899 Kushirod (Province of Kushiro) ...1899
Earatsu d (Province of Hizen) 1899 Muroran/ h (Province of Iburi) ...1899
Kuchinotsud (Province of Hizen).. 1899 Itozaki (Province of Bingo) 1900
Misumid (Province of Higo) 1899 Wakamatsui (Province of Chikuzen)1904
Izuharad (Island of Tsuhima) 1899 Shishimid (Island of Tsushima) ...1899
Sasunad (Island of Tsushima) 1899 Nahad (Loochoo Islands) 1899
Hamadad (Province of Iwami) ...1899 Suminoye) (Province of Hizen) ...1906
Sakai d (Province of Hold) 1899 Awomori/ g (Province of Mutsu) .. 1906
a These
Tokio was never a shipping port,XI.butof simply a placeof open
1894 toexcluded
foreignfrom
tradetheandcategory
residence.of
portsbc between ports
which arecoasting
under Article
trade is permittedthe toTreaty
British vessels.
d Opening
Article notified
3 of Imperial by departmental
OrdinancenoticeNo. 342 issued by Foreignin Office
(published in Tokio
“Official (February,
Gazette” of the1896).
13th
July,“ 1899),
When bythewhich
imports theand
opening
exportsof these portsatwasanynotified,
together of the reads asmentioned
ports follows:—in Article 1 for
any two years in succesion do not reach the value of 50,000 yen they shall be closed.
new “When inestablished
cases where,in the
ports aremaintenance in consequence
vicinity ofasanyofan the thedevelopment
ofopen of communications,
portsisenumerated in Article 1,
itthemayfurther
be closed, notwithstanding of any such the port,
provisions of theport,
precedingconsidered
clause. unnecessary,
“The
Minister date
Finance.”Ordinance No. 330 (published in “Official Gazette” of theby 28th
ofImperial of the closing shall be notified three months beforehand the
e
October, Opened1907), by
underarticlessame conditions
/ TheGrains following
and seeds. only may asbeports
importedunderat4,the ports of Muroran and Awomori:—
Beverages
Customs andTariff
comestibles
Law). (articles in Group 3 of the Import Tariff attached to the
Sugar,
Furs. confectionery, and sweetmeats (articles included in Group 4 of the said Tariff).
Hides
Oils, fats,and and skinswaxes.
(articles included in Group 6, No. 66 of the above-mentioned Tariff).
Iron— T,Railsangle, and the like.for rails.
Bolts,
Materials nuts,and
for
fishplates
washers,
bridging rivets, and dogspikes
and building (made (all made of iron).
of metal).
Mechanics’
Locomotives, tools, and
locomotive agricultural implements
tenders,waggons, and
and partsandthereof. parts thereof.
Railway
Duty freeexemptedpassenger
articles. cars, freight parts thereof.
ArticlesTariff Law). from import duty (articles included in Article 7 of Customs
FOREIGN TRADE IN THE FAR EAST 227
(d.) Ports in Formosa and the Pescadores open, for the present, only to junk
traffic:—&
(1.) Formosa—l
Opened in Opened in
Gosei (or Tokaku) m Taichu I Kiuko (or Kmkong) Taihoku Pre-
Prefecture 1899 feature 1899
Koro (or Oulong) Taichu Pre- | Toko (or Tongkong), Tainan Pre-
fecture 1899 | fecture 1899
Rokko (or Lukong) Taichu Pre- Tosekiko (or TonchoJ, Tainan
fecture 1899 | Prefecture 1899
(2.) The Pescadores—
Makiu (or Makung), opened in 1899.
III.—COREA
Treaty ports:—
Chemulpo (opened 1880 under Japanese Treaty, 1876).
Chinnampo (opened October 1, 1897).
Cbungchin (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 1888 under Japanese Convention, 1882).
Yongampo (date of opening not yet fixed).
Wiju (date of opening not yet fixed).
N.B.—At Yongampo and Wiju the Customs opened offices in July, 1906, and:
foreign steamers call there without objection on the part of the authorities.
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 ironMuroran
of tubes, solder.
all byarticles may10 beof the
imported afterTariff
the Law.
1st December, 1907, with
the exception
i AtFresh of
the port those
of prohibited
Wakamatsu the Article
following goods Customs
may be imported:—
Rice, eggs. rice, barley, wheat, oats, Indian corn and beans,
unhulled
Iron
Pig ore.
iron.
Manure.
And fromCoke,the 1st December,ore,1907:—
manganese ferro-manganese, and spiegleisen.
jk AtOpening
the Portnotified
of Suminoye
by Decreeonlyof the export Government,
Formosan of commoditiesdatedis permitted.
I The
1st July, Port
1907,nameof Kakoko
by inDecree for Hokkokei),
of Formosan opened
Government, with the others
datedofMay, inAugust,
1907,
1899.closed from the-
1899, was :
the port in the Pescadores, is the local Chinese name of the port in question.of Formosa and of
m The brackets in this case, as in the case each of the ports
8*
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 Parliament assembled, and by the
authority of tbe same, as follows :
jurisdiction
foreign in exercise,
country, V—^andis andenjoyshall be
anyhave lawful forwhich
jurisdiction Her Majesty the now
Queen
has toorandhold,
at any time hereafter within a foreignHer Majesty
country in the same may
as
ample a manner as if Her Majesty had acquired that jurisdiction by the
cession or conquest of territory.
®*eroise of w m2.—Where a foreign country is not subject to any government from
tish*suhjects*^
8 r ^p Her Majesty the Queen might obtain jurisdiction in the manner
without^
governments.ular ing^ ?cite(over
tion * Her Majesty’s
Act, Her Majesty shall
for thebytime
virtuebeing
of this Act havein orjurisdic-
to that country, andsubjectsthat jurisdiction shall beresident
jurisdiction resort-
of Her
Majesty in a foreign country within the meaning of the other provisions
d y
of this Act.
done pursu-°tS Majesty
ance oflnjurisdic- . —Every act and thing
in a foreign countrydoneshall
in pursuance
be as validof any
as ifjurisdiction
it had beenof done Her
tl0n
' t0 according to the local law then in force in that country,
existence or Majesty’s
eSeiRof juris- • H in anyorproceeding,
dominions held undercivil
theorauthority
criminal,ofinHer a Court
Majesty,in Herany
country!1 f0rei8DCMajesty
*ue.s^OI1.inaia^ses as
the existence
foreign country, or extent
a Secretary of Stateofshall,
any jurisdiction of Her
on the application
of the Court, send to the Court within a reasonable time his decision on
the question, and his decision shall for the purposes of the proceeding
be final.
(2.) The Court shall send to the Secretary of State, in a document
under the seal of the Court, or signed by a Judge of the Court, questions
framed so as properly to raise the question, and sufficient answers to
those questions shall be returned by the Secretary of State to the Court,
and those answers shall, on production thereof, be conclusive evidence of
Power to extend matters
the therein contained.
—(1.) It shall be lawful for Her Majesty the Queen in Council,
First Schedule. if she thinks fit, by Order to direct that all or any of the enactments
described in the First Schedule to this Act, or any enactments for the
time being in force amending or substituted for the same, shall extend,
with or without any exceptions, adaptations, or modifications in the
Order mentioned, to any foreign country in which for the time being
Her Majesty has jurisdiction.
FOREIGN JURISDICTION ACT, 1S90 229
(2.) Thereupon those enactments shall, to the extent of that
jurisdiction, operate as if that country were a Britisli possession, and as
if Her Majesty in Council were the Legislature of that possession.
6.—(1.) Where a person is charged with an offence cognizable by Power to send
a British court in a foreign country, any person having authority derived ^u^offenw^for
from Her Majesty in that behalf may, by warrant, cause the person so trial088esslon to a British
-charged to be sent for trial to any Britisli possession for the time being P •
appointed in that .behalf by Order in Council, and upon the arrival of the
person so charged in that British possession, such criminal court of that
possession as is authorised in that behalf by Order in Council, or, if no
courtis so authorised, the supreme criminal court of that possession may
•cause him to be kept in safe and proper custody, and so soon as con-
veniently may be may inquire of, try, and determine the offence, and on
•conviction punish the offender according to the laws in force in that
behalf within that possession in the same manner as if the offence had
been committed within the jurisdiction of that criminal court.
Provided that—
(a.) A person so charged may, before being so sent for trial,
tender for examination to a British court in the foreign country
where the offence is alleged to have been committed any
competent witness whose evidence he deems material for his
defence and whom he alleges himself unable to produce at the
trial in the British possession :
(b.) In such case the British court in the foreign country shall
proceed in the examination and cross-examination of the witness
as though 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 the7 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
and punished within Her Majesty’s dominions, or any part thereof.
7. Where an offender convicted before a British court in a foreign provision as to
■c• ountry
• has beenor sentencedji byJpunishment,
thatt court to suffer death, ipenal servitude, p*88® persons
imprisonment, any other the sentence shalln ibe earned. , convicted,
mentor
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
smate and the sentence passed by a competent court in that place.
FOREIGN JURISDICTION ACT, 1890
Validity of0rder
acts 8. Where, by Order in Council made in pursuance of this Act, any
fnCouociT deportationBritish courtof inanya person
foreignfrom
country
thatiscountry,
authorised that toremoval
order the removal or
or deportation,
and any detention for the purposes thereof, according to the provisions
of the Order in Council, shall be as lawful as if the order of the
court were to have effect wholly within that country.
Power to assign 9. It shall be lawful for Her Majesty the Queen in Council, by
imushCourt'
cases within sin held Order,under
to assign to or confer
the authority of HeronMajesty,
any court anyinjurisdiction,
any Britishcivil possession, or
or criminal,
juriscImtionAct. tooriginal or appellate, which may lawfully by Order
or conferred on any British court in any foreign country, and to in Council be assigned
make such provisions and regulations as to Her Majesty in Council seem
meet respecting the exercise of the jurisdiction so assigned or conferred,
and respecting the enforcement and execution of the judgments, decrees,
orders, and sentences of any such court, and respecting appeals therefrom.
Power to amend 10. It shall be lawful for Her Majesty the Queen in Council to revoke
Council, or vary any Order in Council made in pursuance of this Act.
laying before
Parliament, 11. Every Order in Council made in pursuance of this Act shall be
and effectin of laid
Orders before both Houses of Parliament forthwith after it is made, if
Parliament be then in session, and if not, forthwith after the commence-
Council. ment of the then next session of Parliament, and shall have effect as if it
were enacted in this Act.
InOrders
whatineas< 12. —(1.) If any Order in
Council voic respects
repugnancy, any foreign country is in any respect repugnant to the provisions’
of any Act of Parliament extending to Her Majesty’s subjects in that
country, or repugnant to any order or regulation made under the authority
of any such Act of Parliament, or having in that country the force and
effect of any such Act, it shall be read subject to that Act, order, or
regulation, and shall, to the extent of such repugnancy, but not otherwise,
be void.
(2.) An Order in Council made in pursuance of this Act shall not be,
or be deemed to have been, void on the ground of repugnancy to the
law of England unless it is repugnant to the provisions of some such
Act of Parliament, order, or regulation as aforesaid.
Provisions
protection for person13. for any act done in —(1.)
of pursuance or execution or intended
An action, suit
persons
acting
——-- nndei118 110 execution of this Act, or of any enactment repealed by this Act, or of any
tion’Ict's” ' Majesty Order in asCouncil made under
is mentioned in thisthisAct,Act,or orin ofrespect
any such jurisdiction
of any of Her
alleged neglect
or default in the execution of this Act, or of any such enactment, Order
in Council, or jurisdiction as aforesaid, shall not lie or be instituted:
(a.) in any court within Her Majesty’s dominions, unless it is
commenced within six months next after the act, neglect, or
default complained of, or in case of a continuance of injury or
damage within six months next after the ceasing thereof, or
where the cause of action arose out of Her Majesty’s dominions
within six months after the parties to the action, suit, prosecu-
tion, or proceeding have been within the jurisdiction of the
court in which the same is instituted; nor
(6.) 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 231
(2.)—In any such action, suit, or proceeding, tender of amends before
the same was commenced may be pleaded in lieu of or in addition to any
other plea. If the action, suit, or proceeding was commenced after such
tender, or is proceeded with after payment into court of any money in
satisfaction of the plaintiff’s claim, and the plaintiff does not recover
more than the sum tendered or paid, he shall not recover any costs
incurred after such tender or payment, and the defendant shall be entitled
to costs, to be taxed as between solicitor and client, as from the time of
such tender or payment; but this provision shall not affect costs on any
injunction in the action, suit, or proceeding.
14. —It shall be lawful for Her Majesty the Queen in C
make any law that may seem meet for the government of Her Majesty’s tlfnEasteraseasi
subjects being in any vessel at a distance of not more than one hundred
miles from the coast of China or of Japan, as fully and effectual as any
such law might be made by Her Majesty in Council for the Government
of Her Majesty’s subjects being in China or in Japan.
15. —Where any Order in Council made in pursuance o
extends to persons enjoying Her Majesty’s protection, that expression PriiecCe88.ofInilian
shall include all subjects of the several Princes and States in India.
16. —In this Act,—
The expression “ foreign country ” means any country or place out Definitions,
of Her Majesty’s dominions:
The expression “ British court in a foreign country ” means any
British court having jurisdiction out of Her Majesty’s dominions
in pursuance of an Order in Council whether made under any
Act or otherwise:
The expression “jurisdiction” includes power.
17. —The Acts mentioned in the Second Schedule to this
be revoked or varied by Her Majesty by Order in Council. SecomTseheduiT.
18. —The Acts mentioned in the Third Schedule to th
■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.
19. —(1.) This Act may be cited as the Foreign Jurisd
1890.
(2.) The Acts whereof the short titles are given in the First Schedule
rto this Act may be cited by the respective short titles given in that
ischedule.
232 FOREIGN JURISDICTION ACT, 1890
SCHEDULES
FIRST SCHEDULE (Sections 5 and 19)
andSession
Chapter. Title. |! Enactments
MAT BE
bt Council.
Order
which
EXTENDED
in Short Title.
12 & 13 Yict. c. 96. | Ansecution
Act to provide for the The whole Act. Admiralty Offences
Majesty’s and Trial
Colonies of in Pro-
Her
Offences
(Colonial)
1849. Act,
committed within the juris-
14 & 15 Viet- c. 99. Andiction
Act toof the
evidence. amend Admiralty.
the law of |J Sections eleven. seven and Evidence Act, 1851.
17&18Vict.c. 104. The1854.Merchant Shipping Act, Part X.
19 & 20 Yict. c. 113. Anevidence
Act to provide taking The whole Act. Foreign Tribunals
Dominions Her forMajesty’s
inin relation topend-
civil
Evidence
1856. Act,
and
ing commercial
before Foreignmatters
tribunals.
22 Yict. c. 20. Anevidence Act to inprovide
Suits taking ; The whole Act.
andforTribunals
Proceed-
Evidence by Com-
misdon Act, 1859.
ings Herpending
inin placesMajesty’sbefore Dominions,
outtribunals.
of the jurisdic-
22 & 23 Viet. c. 63. Antion
theActoftosuch
afford
morethecertain Facilities
Ascertain-for The whole Act. British Law Ascer-
tainment Act,
mentoneofPart
inDominions, Law
ofwhenadministered
Her Majesty’s 1859.
the Courts of another pleadedPartin
& 24 Viet. c. Anturesthereof.
ActoftoHerenable the Legisla- 1
The whole Act. Admiralty
23 122.
sions Abroad Majesty’s
to make Posses-
Enact- ^Colonial)Offences
1860. Act,
ments
ment similar to
of the Actchapter the Enact-
ninth, George
the Fourth, thirty-
24 & 25 Viet. c. 11. Anone,
theActsection
to
better
eight.facilities
afford
Ascertainment forof | The whole Act. Foreign Law Ascer-
tainment Act,
the
when Law of
pleaded Foreign Countries
in Courts with- 1861.
30124.& 31 Viet. c. Thein1867.
Her Majesty’s
Merchant Dominions.
Shipping Act, I Section eleven.
37 & 38 Viet. c. 94. TheAct,Conveyancing
1874. (Scotland) Section fifty-one.
44 & 45 Viet. c. 69. The1881.Fugitive Offenders Act, ) The whole Act.
48 & 49 Viet. c. 74. TheAct, Evidence
1885. by Commission | The whole Act.
FOREIGN JURISDICTION ACT, 1890
SECOND SCHEDULE (Section 17)
Acts which may be revolted or varied by Order in Council
Session and Chapter. Title. Extent of Repeal.
24 & 25 Viet. c. 31. An Act for thecommitted
ofsubjects
offences preventionbyandHerpunishment
Majesty’s j! The whole Act.
within
centforto the certain
colony territories
of Sierra adja-
Leone. | The whole Act.
26 & 27 Viet. c. 35. An Act
ofsubjectsthecommitted
offences preventionbyandHerpunishment
Majesty’s ]
in South Africa.
THIED SCHEDULE (Section 18)
Enactments repealed
Session and Chapter. Title or Short Title. | Extent of Repeal.
2620 && 217 Viet.
Viet. c.c. 9475 TheAct
An Foreign Jurisdiction
to confirm an OrderofAct,injurisdiction
1843. con- j The
Council The whole Act.
cerning
matters the exercise
arising within the kingdom inof {J whole Act.
28 & 29 Viet. c. 116 Siam.
TheAct,
Foreign Jurisdiction Act Amendment ; The whole Act.
29 & 30 Viet. c. 87 1865.Jurisdiction
The Foreign Act Amendment I The whole Act.
33 & 34 Viet. c. 55 Act, 1866.
Thediction
Siam and Straits Settlements Juris- j The whole Act.
The Foreign Act, 1870.
Jurisdiction Act, 1875.
3938 && 4039 Viet.
Viet. c.c. 4685 An offences
Act for against
more effectually
the laws relating punishingto j The wholefourAct.and six.
Sections
41 & 42 Viet. c. 67 the slave trade.
The Foreign Jurisdiction Act, 1878. | The whole Act.
ORDERS IN COUNCIL
ORDER OF HIS MAJESTY THE KING IN COUNCIL
FOR THE GOVERNMENT OF HIS MAJESTY’S
SUBJECTS IN CHINA AND COREA
At the Court at Buckingham Palace, the 24th day of October, 1904
Present :—
THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.
Lord President. Lord Windsor.
Mr. Secretary Brodrick. Mr. A. Graham Murray.
Whereas by Treaty, grant, usage, sufferance, and other lawful means,
His Majesty the King has j urisdiction within the dominions of the Emperor
of China and of the Emperor of Corea;
Now, therefore, His Majesty, by virtue and in exercise of the powers
in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His
Majesty vested, is pleased by and with the advice of his Privy Council to
order, and it is hereby ordered, as follows:—
I.—Preliminary and General.
Division Of
Order. 1. This Order is divided into parts, as follows:—
I. Preliminary and General 1-6
II. Constitution and Powers of Courts 7-34
III. Criminal Matters 35-88
IV. Civil Matters 89-117
V. Procedure, Criminal and Civil 118-128
VI. Mortgages and Bills of Sale... 129-150
VII. Foreign Subjects and Tribunals 151-154
VIII. Regulations 155-159
IX. Miscellaneous 160-171
Schedule of Repealed Orders.
Limits
Order, of 2. The limits of this Order are the dominions of the Emperor of
China and of the Emperor of Corea, including the territorial waters of
those dominions respectively; but, except as provided in this Order, the
said limits do not include places within the limits of the Weihaiwei
Order in Council, 1901.
H.B.M. SUBJECTS IN CHINA AND COEEA
3. In the construction of this Order the following words and expres- interpreta-
sions have the meanings hereby assigned to them, unless there be some- tl0n-
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
j urisdictions.
“ Foreigner ” means a subject or citizen of a State in amity with
His Majesty, including China and Corea.
“Judge,” except where the context intends a reference to the Judge
of the Supreme Court only, includes Assistant Judge, and,
except where the context intends a reference in the Supreme
Court only, includes the officer for the time being holding a
Provincial Court.
“ Legal practitioner ” includes barrister-at-law, advocate, solicitor,
Writer to the Signet, and any person possessing similar
qualifications.
“ Lunatic ” means idiot or person of unsound mind.
“ Master,” with respect to any ship, includes every person (except a
pilot) having command or charge of that ship.
“Minister” means His Majesty’s Minister in China or in Corea, as
the case may be, and includes Charge d’Affaires or other chief
Diplomatic Representative.
ORDERS IN COUNCIL
“ Month ” means calendai- month.
“ Oath ” and “ affidavit,” in the case of persons for the time being
allowed by law to affirm or declare, instead of swearing, include
affirmation and declaration, and the expression “ swear,” in the
like case, includes affirm and declare.
“Offence” includes crime, and any act or omission punishable
criminally in a summary way or otherwise.
“Person” includes Corporation.
“ Prescribed ” means prescribed by Regulations or Rules of Court.
“ Prosecutor ” means complainant or any person appointed or allowed
by the Court to prosecute.
“ Proved ” means shown by evidence on oath, in the form of affidavit,
or other form, to the satisfaction of the Court or Consular
officer acting or having jurisdiction in the matter, and “ proof”
means the evidence adduced in that behalf.
“Rules of Court” means rules of Court made under the provisions
of this Order.
“ Secretary of State ” means one of His Majesty’sPrincipal Secretaries
of State.
“ Ship ” includes any vessel used in navigation, however propelled,
with her tackle, furniture and apparel, and any boat or other craft.
“ The Treasury ” means the Commissioners of His Majesty’s Treasury.
“ Treaty ” includes any Convention, Agreement, or Arrangement,
made by or on behalf of His Majesty with any State or 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 rules, regulations, or orders made under this
Order shall, unless a contrary intention appears, have the same respective
meanings as in this Order.
Construction. may 4.be construed as referring to—(1)
Rules of In this Order, wo
one person or thing, or to more than
one person or thing, and words importing the masculine as referring to
the feminine (as the case may require).
(2) Where this Order confers any power or imposes any duty, then,
unless a contrary intention appears, the power may be exercised and the
duty shall be performed from time to time as occasion requires.
(3) Where this Order confers a power, or imposes a duty on, or
with respect to, a holder of an office, as such, then, unless a contrary
intention appears, the power may be exercised and the duty shall be per-
formed by, or with respect to, the holder for the time being of the office
or the person temporarily acting for the holder.
(4) Where this Order confers a power to make any rules, regulations,
or orders, the power shall, unless a contrary intention appears, be construed
as including a power exercisable in the like manner and subject to the
like consent and conditions, if any, to rescind, revoke, vary, or amend
the rules, regulations, or orders.
(5) This Article shall apply to the construction of any rules, regula-
tions, or orders made under this Order, unless a contrary intention appears.
Extent of
Jurisdiction. 5. The jurisdiction conferred by this Order extends to the persons
and matters following, in so far as by Treaty, grant, usage, sufferance, or
other lawful means, His Majesty has jurisdiction in relation to such
matters and things, that is to say:—
(1) British subjects, as herein defined, within the limits of this Order.
(2) Tho property and all personal or proprietary rights and liabilities
within the said limits of British subjects, whether such subjects
are within the said limits or not.
H.B.M. SUBJECTS IN CHINA AND COEEA 237
(3) Foreigners in the cases and according to the conditions specified
in this Order and not otherwise.
(4) Foreigners, with respect to whom any State, King, Chief, or
Government, whose subjects, or under whose protection they are,
has by any Treaty as herein defined or otherwise agreed with
His Majesty for, or consents to, the exercise of power or
authority by His Majesty.
(5) British ships with their boats, and the persons and property on
board thereof, or belonging thereto, being within the limits of
this Order.
6. All His Majesty’s jurisdiction exercisable in China or Corea for Juri8dictioa
Exercise of
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.
7. —(1) There shall be a Court styled “ His Constitution
Britannic Ma
Supreme Court for China and Corea” (in this Order referred to as the ofCourt. Supreme
Supreme Court, and comprised in the term “ the Court ”).
(2) Subject to the provisions of this Order, thereshallbea Judge, and
as many Assistant Judges of the Supreme Court as may from time to
time be required, who shall respectively be appointed by His Majesty by
warrant under His Royal sign manual.
Every Judge shall be at the time of his appointment a member of
the Bar of England, Scotland, or Ireland, of not less than seven years’
standing.
(31 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 diflerence of opinion, the opinion of the Judge, or, in his absence,
the Senior Assistant Judge, shall prevail.
(5) Subject to any Rules of Court, the Judge shall make any such
arrangements as he thinks fit for the distribution of the business of the
Court.
(6) If the Chief Justice in office at the passing of this Order becomes
the Judge of the Supreme Court under this Order, he shall retain the title
of Chief Justice during his tenure of office.
8. During a vacancy in the office of Judge, or in case of the illness or
incapacity of the Judge, or of his absence from the district of the Consul- Acting Judge,
ate of Shanghai, the Secretary of State may appoint a fit person to act as
Judge, but unless or until such appointment is made, the Assistant Judge
or Senior Assistant Judge shall act as Judge.
An Acting Judge shall, during the continuance of his appointment,
have all the power and authority of the Judge.
9. During a vacancy or temporary vacancy in the office of Assistant Acting Assist-
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.
238 ORDERS IN COUNCIL
The person so appointed shall, during the continuance of his appoint-
ment, have all the power and authority of an Assistant Judge.
Additional
Assistant 10. The Secretary of State may appoint either a person qualified as
provided in Article 7, or a Consular officer to act as an additional Assis-
tant Judge, and any person so appointed shall, during the continuance of
his appointment, have all the power and authority of an Assistant Judge.
Seal of
Supreme 11. The Supreme Court shall have a seal, bearing the style of the
Court and such device as the Secretary of State approves, but the seal in
use at the commencement of this Order shall continue to be used until a
new seal is provided.
Officers
Supremeof 12. —(1) There shall b
Crown Advocate, a Registrar, a Chief Clerk, a Marshal, and such other
officers and clerks under such designations as the Secretary of State
thinks fit.
(2) The Secretary of State, or His Majesty’s Minister in China or
Corea, as the case may be, may temporarily attach to the Supreme Court
such persons, being Consular officers, as he thinks fit.
(3) Every officer, clerk, and other person thus attached shall dis-
charge such duties in connection with the Court as the Judge may direct,
subject to any instructions of the Secretary of State.
Sheriff. 13. The Sheriff shall have all the powers and authorities of the
Sheriff of a county in England, with all the privileges and immunities of
the office, and shall be charged with the execution of all decrees, orders
and sentences made and passed by the Supreme Court, on the requisition
in that behalf of the Supreme Court.
He shall be entitled to such fees and costs as the Supreme Court
may direct.
Registrar. 14. The Registrar shall be appointed by His Majesty.
He shall be either a member of the Bar of England, Scotland, or
Ireland, or 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
the appointment is revoked by the Judge or disapproved or revoked by
the Secretary of State.
Tenure
Judges of
and 15. The Judge, each Assistant Judge, and the Registrar shall hold
Registrar. office during the pleasure of His Majesty.
Appointments.of
Revocation 16. In case at any time His Majesty thinks fit by warrant under his
Royal sign manual to revoke the warrant appointing any person to be
Judge, Assistant Judge, or Registrar, or while there is a Judge, Assistant
Judge, or Registrar in office, thinks fit by warrant under his Royal sign
manual to appoint another person to be Judge, Assistant Judge, or
Registrar (as the case may be), then, and in every such case, until the
warrant of revocation or of new appointment is notified by His Majesty’s
Minister in China to the person holding office, all powers and authorities
vested in that person shall continue and be deemed to have continued in
as full force—and he shall continue, and be deemed to have continued,
entitled to all the privileges and emoluments of the office as fully, and all
things done by him shall be and be deemed to have been as valid in law—
as if such warrant of revocation or new appointment had not been
made.
H.B.M. SUBJECTS IN CHINA AND COREA
17. The Supreme Court shall ordinarily sit at Shanghai; but may, Sittings of
if it seems expedient, sit at any other place within the limits of this Supreme
Order, and may at any time transfer its ordinary sittings to any such
place as the Secretary of State approves. Under this Article the Judges
may sit at the same time at different places, and each sitting shall be
deemed to be a sitting of the Supreme Court.
18. The Judge or under his directions an Assistant Judge may visit, Visitation of
in a magisterial or judicial capacity, any place in China or Corea, and Judges.
there inquire of, or hear and determine, any case, civil or criminal, and
may examine any records or order documents in any Provincial Court,
and give directions as to the keeping thereof.
(ii) Provincial Courts.
19. —(1) Every commissioned Consular officer, Constitution
with the excep
those at Shanghai and with such other exceptions (if any) as the Secre- of Provincial
tary of State 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 Buies of Court imposed or conferred upon the Regis-
trar and Marshal respectively, and any person so appointed shall perform
such duties and exercise such powers accordingly.
(5) Every Provincial Court shall have a seal bearing its style and
such device as the Secretary of State from time to time directs; but
where such a seal is not provided, the seal of the Consular officer holding
the Court may be used.
(iii) Jurisdiction of Courts.
20. The Supreme Court, and each Provincial Court, shall, in the Record.Courts of
exercise of every part of its jurisdiction, be a Court of Record.
21. All His Majesty’s jurisdiction, civil and criminal, including any Jurisdiction of
jurisdiction by this Order conferred expressly on a Provincial Court, Supreme
shall for and within the district of the Consulate of Shanghai be vested Court at
Shanghai.
exclusively in the Supreme Court as its ordinary original jurisdiction.
22. All His Majesty’s jurisdiction, civil and criminal, not under this Jurisdiction of
Order vested exclusively in the Supreme Court, shall to the extent and in Provincial
the manner provided by this Order be vested in the Provincial Courts. Courts.
23. The Supreme Court shall have in all matters, civil and criminal, Concurrent
jurisdiction of
an original jurisdiction, concurrent with the jurisdiction of the several Supreme
Provincial Courts, to be exercised subject and according to the provisions
of this Order.
24. —(1) The Registrar of the Supreme Court shall, ofsubject t
Jurisdiction
directions of the Judge, hold preliminary examinations, and shall hear Registrar.
and determine such criminal cases in that Court as are not, under this
Order, required to be heard and determined on a charge.
(2) Tbe Registrar shall also have authority to hear and determine
such civil actions as may be assigned to him by the Judge, but actions
240 OEDEES IN COUNCIL
which under this Order are required or directed to be heard with a jury
or assessors shall not be so assigned.
(3) For the purposes of this Article the Registrar shall exercise all
the powers and jurisdiction of a Provincial Court, and the provisions of
this Order with respect to appeal and reserved case in criminal matters
and to appeal in civil matters shall apply accordingly.
orCase reportedto
removed
Supreme
25. —(1) Where any ca
vincial Court, appears to that Court to be beyond its jurisdiction, or to
be one which for any other reason ought to be tried in the Supreme
Court, the Provincial Court shall report the case to the Supreme Court
for directions.
(2) The Supreme Court may of its own motion, or upon the report
of a Provincial Court, or on the application of any party concerned,
require any case, civil or criminal, pending in any Provincial Court to
be transferred to, or tried in, the Supreme Court, or may direct in what
Court and in what mode, subject to the provisions of this Order, any
such case shall he tried.
Courts to
auxiliary 26. The Supreme Court and every Provincial Court shall he
one another. auxiliary to one another in all particulars relative to the administration
of justice, civil or criminal.
Conciliation. 27. Every Judge and Officer of Courts established under this Order
shall, as far as there is proper opportunity, promote reconciliation and
encourage and facilitate the settlement in an amicable way and without
recourse to litigation of matters in difference between British subjects,
or between British subjects and foreigners in China or Corea.
Modes of trial. 28. Subject to the provisions of this Order, criminal and civil cases
may be tried as follows : —
(a ) In the case of the Supreme Court, by the Court itself, or by the
Court with a jury, or with assessors.
(&) In the case of a Provincial Court hy the Court itself, or by the
Court with assessors.
Process
Supreme of 29. Any of His Majesty’s Courts in China or Corea may cause any
Court of summons, order, or judgment issuing from the Supreme Court of Hong-
Hongkong. 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.
Immunity
Legation. of 30. —(1) Notwithstandin
not exercise any jurisdiction in any proceeding whatsoever over His
Majesty’s Minister, or over his official or other residences, or his official
or other property.
(2) Notwithstanding anything in this Order, the Court shall not
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
Operation of Majesty’s service.
Imperial 31. Where, by virtue of any Imperial Act, or of this Order, or other-
Acts, &c. wise, any provisions of anyr Imperial Acts, or of any law of a British
H.B.M. SUBJECTS IN CHINA AND COEEA 241
possession, or of any Orders in Council other than this Order, are applic-
able in China or Corea, or any forms, regulations, or procedure prescribed
or established by or under any such Act, Law or Order, are made applic-
able for any purpose of this Order or any other order relating to China
or Corea, such Acts, Laws, Orders, Forms, Regulations, or procedure may
be construed or used with such alterations and adaptations not affecting
the substance as may be necessary having regard 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.
32.—(1) Every male resident British subject—being of the age of jury.
21 years upwards—having a competent knowledge of the English
language—having or earning a gross income at such rate as may be fixed
Ly 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.
242 ORDERS IN COUNCIL
(5) A jury shall be required to give an unanimous verdict; provided,
that, with the consent of parties, the verdict of a majority may be taken
in civil cases.
Assessors. 33.—(1) An Assessor shall be a competent and impartial British^
subject, of good repute, nominated and summoned by the Court for tho
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.
Penalty for 34.—(1) Any person failing to attend as juror or Assessor according
aneeattend fc°be aliable
summons shallnotbeexceeding
to a fine deemed guilty of aa contempt
,£10, but of Court,
person shall not beand
liableshallto
fine for non-attendance unless he is resident in the Consular district in-
which the Court sits.
(2) Any such fine shall not be levied until after the expiration of
fourteen days. The proper officer of the Court shall forthwith give to
the person fined notice in writing of the imposition of the fine, and.
require him within six days after receipt of the notice to file an affidavit
excusing non-attendance (if he desire to do so). The Court shall con-
sider the affidavit, and may, if it seems proper, remit or reduce the fine.
III.—Ceiminal Matters.
< f
cnminaii aw°
w
of&’°fand. lations 35.—(1)
or any other Except as regards offences made ororbydeclared suchorbyRegu-
this-
made Order
under relating
any Order;to China or Corea, any Rules
Any act that would not by a Court of Justice bavins: criminal
jurisdiction m 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.
summon* 36. Every Court
offenders. before it, any person subject may causeto toandbe being
summoned
withinorthe
arrested,
limitsand
of itsbrought
juris-
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.
SUBJECTS IN CHINA AND COREA 243
37. For the purposes of criminal jurisdiction every offence and cause Place of
■of complaint committed or arising within the limits of this Order shall purposesof
fee deemed to have been committed or to have arisen, either in the place trial
where the same actually was committed or arose, or in any place where
-the person charged or complained of happens to be at the time of the
institution or commencement of the charge or complaint.
38. Where a person accused of an offence escapes or removes from Escape and
the Consular district within which the offence was committed, and is another
found within another Consular district, the Court within whose district district,
he is found may proceed in the case to trial and punishment, or to pre-
liminary examination (as the case may require), in like manner as if the
offence had been committed in its own district; or may, on the requisi-
tion or with the consent of the Court within whose district the offence
was committed, send him in custody to that Court, or require him to
give security for his surrender to that Court, there to be dealt with
according to law.
Where any person is to be so sent in custody, a warrant shall be issued
by the Court within whose district he is found, and that warrant shall
fie sufficient authority to any person to whom it is directed to receive
and detain the person therein named, and to carry him to and deliver
him up to the Court within whose district the offence was committed,
according to the warrant.
39. —(1) In cases of murder or manslaughter if either the
the criminal act which wholly or partly caused the death, happened offences, &c.
within the jurisdiction of a Court acting under this Order, that Court
shall have the like jurisdiction over any British subject who is accused
either as the principal offender, or as accessory before the fact to murder,
or as 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
Ohina and Corea.
Apprehension and Custody of A caused Persons.
40. —(1) Where a person accused of an offence is arres
warrant issuing out of any Court, he shall be brought before the Court ^“t®dbe,ore
within forty-eight hours after the arrest, unless in any case circumstances
unavoidably prevent his being brought before the Court within that time,
which circumstances shall be recorded in the Minutes.
(2) In every case, he shall be brought before the Court as soon as
circumstances reasonably admit, and the time and circumstances shall be
recorded in the Minutes.
41. —(1) Where an accused person is in custody, he sha
remanded at any time for more than seven days, unless circumstances
244 ORDERS IN COUNCIL
appear to the Court to make it necessary or proper that he should be
remanded for a longer time, which circumstances, and the time of re-
mand, shall be recorded in the Minutes.
(2) In no case shall a remand be for more than fourteen days at
one time, unless in case of illness of the accused or other case of'
necessity.
Detention
sfaip. of mons42.or warrantWhere the Supreme
against Courtonorcomplaint
any person a Provincial
of anCourt issues
offence a sum-
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.
Execution of 43. Every Provincial Court shall execute any writ, order, or warrant
Supreme issuing
Court. from theforSupreme
named therein Court, and
his appearance may take
personally security
or by fromaccording
attorney, any personto
the writ, order, or warrant; or may cause such person to be taken in
custody or otherwise to the Supreme Court or elsewhere in China or
Corea, according to the writ, order, or warrant.
44.—(1) The Court may, in its discretion, admit to bail persons-
accused of any of the following offences, namely :—
Any felony.
Biot.
Assault on any officer in the execution of his duty,, or on any
person acting in his aid.
Neglect or breach of duty by an officer.
But a person accused of treason or murder shall not be admitted to
bail except by the Supreme Court.
(2) In all other cases the Court shall admit the accused to bail
unless the Court, having regard to the circumstances, sees good reason
to the contrary, which reason shall be recorded in the Minutes.
(3) The Supreme Court may admit a person to bail, although a
Provincial Court has not thought fit to do so.
(4) The accused who is to be admitted to bail, either on remand or
on or after trial ordered, shall produce such surety or sureties as, in the
opinion of the Court, will be sufficient to insure his appearance as and
when required, and shall with him or them enter into a recognizance
accordingly.
Trial with Jury or Assessors.
Trial with jury t45.—(1)
or assessors. b tried Where
on a the offence
charge before charged is treason
the Supreme or murder
Court with a jury.the case
mus e
(2) In each of the two following cases, namely :—
(i) Where the offence charged is rape, arson, housebreaking, rob-
bery with violence, piracy, forgery, or perjury; or
(ii) Where the offence charged is any other than as aforesaid, but
it appears to the Court at any time before the trial, the opinion
of the Court being recorded in the Minutes, that the offence
charged, if proved, would not be adequately punished by im-
prisonment for three months with hard labour, or by a fine of
=£20, or both such imprisonment and fine—
The offence shall be tried on a charge with a jury or assessors
(according to the provisions of this Order applicable to the Court) ; but
may, with the consent of the accused, be tried without assessors or jury.
H.B.xM. SUBJECTS IN CHINA AND COEEA 245
In the Supreme Court, when the accused does not so consent, the charge
shall he tried with a jury, unless the Court is of opinion that a jury
cannot be obtained.
(3) The Supreme Court may, for any special reason, direct that any
case shall be tried with assessors or a jury, and a Provincial Court may,
for any special reason, direct that any case shall he tried with assessors.
In each such case the special reason shall be recorded in the Minutes.
46. —(1) Where an accused person is ordered to be tried b
Court with a jury or with assessors, he shall be tried as soon after the Speedy trial.
mating 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.
47. —(1) The Supreme Court shall, when required Report ol by the Se
of State, send to him a report of the sentence of the Court in any case sentences.
tried before that Court with a jury or assessors, with a copy of the
Minutes and notes of evidence, and with any observations which the
Court thinks fit to make.
(2) Every Provincial Court shall, in accordance with Rules of Court,
send to the Supreme Court a report of the sentence of the Court in
every case tried by the Court with assessors, with such Minutes, notes
of evidence, and other documents as such Rules may direct, and with
any observations which the Court thinks fit to make.
Summary Trial.
48. Where the complaint discloses an offence which is not required Summary
or directed to be heard on a charge, the accused may be tried summarily trial.
on the complaint: Provided that where an offence is tried summarily
no greater punishment shall be awarded than imprisonment for three
months or a fine of =£20, or both.
Preliminary Examination.
49. —(1) Where the accused is before the Court, Preliminaryand it appe
Examination.
the Court that the complaint discloses an offence—
(a) Which ought to be tried in or reported to another Court; or
(V) Which ought to be tried before the same Court with a jury or
assessors;
the Court shall proceed to make a preliminary examination in the
prescribed manner.
(2) On the conclusion of the preliminary examination, the Court
shall bind by recognizance the prosecutor and every witness to appear
at the trial to prosecute, or to prosecute and give evidence, or to give
evidence (as the case may be), and if the case is to be tried in or reported
to another Court, shall forthwith send the depositions, with a minute of
other evidence (if any) and a report, to the Court before which the trial
is to take place.
50. Where a British subject is accused of an offence the cognizance Trial before
whereof appertains to any Court established under this Order, and it is Court in His-
expedient that the offence be inquired of, tried, determined, and punished Majesty’s
dominions.
in a British possession, the accused may (under the Foreign Jurisdiction
Act, 1890, Section 6) be sent for trial to Hongkong or to Burma; and
the Supreme Court of Hongkong and the Sessions Court at Mandalay
shall respectively be the authorized Courts for the purposes of that
enactment.
The Court may, where it appears so expedient, by warrant under the
hand of a Judge and the seal of the Coart, cause the accused to be sent
for trial to Hongkong or to Mandalay accordingly.
246 OKDEKS IN COUNCIL
The -warrant shall he 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.
Refusal to 51.—(1) If a British subject, having appeared as prosecutor or
recognizance, witness
to appearat aatpreliminary
the trial to examination,
prosecute or refuses to enterthe
give evidence, intoCourt
a recognizance
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.
Expenses of 52. Subject to Buies of Court made under this Order, the Court
jurors,8&c. tomayanyorder payment ofor allowances
complainant in respect
witness attending of their
before reasonable
the Court on theexpenses
trial of
any criminal case by a jury or with assessors, and also to jurors, asses-
sors, interpreters, medical practitioners, or other persons employed in or
in connection with criminal cases.
Charges.
Trial
charge.on a state53.the offence charged, with such—(1) The charg
particulars as to the time and place
of the alleged offence, and the person (if any) against whom or the thing
(if any) in respect of which it was committed, as are reasonably sufficient
to give the accused notice of the matter with which he is charged.
(2) The fact that a charge is made is equivalent to a statement that
every legal condition required by law to constitute the offence charged
was fulfilled in the particular case.
(3) Where the nature of the case is such that the particulars above
mentioned do not give such sufficient notice as aforesaid, the charge shall
also contain such particulars of the manner in which the alleged offence
was committed as will give such sufficient notice.
(4) For the purposes of the application of any Statute law, a charge
framed under the provisions of this Order shall be deemed to be an
indictment.
54. For every distinct offence of which any person is accused there
shall be a separate charge, and every such charge shall be tried separately,
except in the cases following, that is to say:—
(a) Where a person is accused of more offences than one of the same
kind committed within the space of twelve months from the
first to the last of such offences, he may be charged with, and
tried at one trial for any number of them not exceeding three.
(5) If in one series of acts so connected together as to form the
same transaction more offences than one are committed by the
same person, he may be charged with and tried at one trial for
every such offence.
(c) If the acts alleged constitute an offence falling within two or
more definitions or descriptions of offences in any law or laws.
H.B.M. SUBJECTS IN CHINA AND COREA 247
tho 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.
Trial of
55. When more persons than one are accused of the same offence or co-defendants.
of different offences committed in the same transaction, or when one is
accused of committing an offence and another of abetting or attempting
to commit that offence, they may be charged and tried together or
separately, as the Court thinks fit.
56. —(1) Any Court, if sitting with a jury Alteration of may
or assessors,
any charge at any time before the verdict of the jury is returned or the charges.
opinions of the assessors are expressed; if sitting without jury or asses-
sors, at any time before judgment is pronounced.
(2) Every such alteration shall be read and explained to the accused.
(3) If the altered charge is such that proceeding with the trial
immediately is likely, in the opinion of the Court, to prejudice the
accused or the prosecutor, the Court may either direct a new trial or
adjourn the trial for such period as may be necessary.
57. —(1) No error or omission in stating either Errors and
the offence o
particulars shall be regarded at any stage of the case as material, unless variances.
the accused was misled by such error or omission.
(2) When the facts alleged in certain particulars are proved and
constitute an offence, and the remaining particulars are not proved, the
accused may be convicted of the offence constituted by the facts proved,
although not charged with it.
(3) When a person is charged with an offence, and the evidence
proves either the commission of a minor offence or an attempt to commit
the offence charged, he may be convicted of the minor offence or of the
attempt.
58. —(1) If the accused has been previously convicted of any off
and it is intended to prove such conviction for the purpose of affecting previous
conviction.
the punishment which the Court is competent to award, the fact, date,
and place of the previous conviction shall be stated in the charge.
(2) If such statement is omitted, the Court may add it at any time
before sentence is passed.
(3) The part of the charge stating the previous convictions shall
not be read out in Court, nor shall the accused be asked whether he has
been previously convicted, as alleged in the charge, unless 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.
248 ORDERS IN COUNCIL
(5) If he answers that he has been so previously convicted, the
Court may proceed to pass sentence on him accordingly, but, if he denies
that he has been so previously convicted, or refuses to, or does not,
answer such question, the Court shall then inquire concerning such
previous conviction, and in such case (where the trial is by jury) it shall
not he necessary to swear the jurors again.
Punishments.
Limitation
0 to 59. The powers of the Courts with respect to punishments are
courts. * limited (1) asThefollows
Supreme Court may award in respect of an offence any
punishment which may in respect of a similar offence he awarded
in England: provided that (a) imprisonment with hard labour
shall be substituted for penal servitude, and (b) the Supreme
Court shall not award a fine exceeding <£500; or, in case of a
continuing offence, in addition to imprisonment or fine, or both,
a fine exceeding <£1 for each day during which the offence
continues after conviction.
(2) A Provincial Court may award imprisonment, not exceeding
twelve months, with or without hard labour, and with or
without a fine not exceeding <£100; or a fine not exceeding
<£100, without imprisonment; or in case of a continuing offence,
in addition to imprisonment or fine, or both, a fine not
exceeding 10s. for each day during which the offence continues
after conviction.
(3) But nothing in this Article shall be deemed to empower any
Court to award for any offence any punishment not authorized
by law inanrelation to that offence.
against this
S n
Order. ' °t distinguished ^ asya person is guilty
grave offence of an offence against this:—Order
(1) To a fine not exceeding <£5, against
withoutthis
anyOrder, he is liable
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.
Grave91offence
this 61.—(1) If any person is guilty of an offence against this Order,
-Order distinguished
(1) To a fine as anot
grave offence £10,
exceeding againstwithout
this Order, he is liable:—
imprisonment; or
(ii) To imprisonment not exceeding two months, without fine; or
(iii) To imprisonment not exceeding one month, with a fine not
exceeding £5.
(2) Imprisonment under this Article is, in the discretion of the
Court, with or without hard labour.
62. —(1) The Court may, if
of an assault to pay to the person assaulted by way of damages any sum
not exceeding £10.
(2) Damages so ordered to be paid may be either in addition to or
in lieu of a fine, and shall be recoverable in like manner as a fine.
(3) Payment of such damages shall be a defence to an action for
the assault.
63. —(1) The Court may, if
before it to pay all or part of the expenses of his prosecution, or of his
imprisonment
in the order. or other punishment or of both, the amount being specified
(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
H.B.M. SUBJECTS IN CHINA AND COBEA 249
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.
64. Where any person is sentenced by the Supreme Court to suffer deatt1,
Punishmentof
the punishment of death, the Judge shall forthwith send a report of the
sentence, with a copy of the Minutes of Proceedings and notes of evidence
in the case, and with any observations he thinks fit, to His Majesty’s
Minister in China or Corea as the case may be.
The sentence shall not be carried into execution without the direction
of His Majesty’s Minister in writing under his hand.
If His Majesty’s Minister does not direct that the sentence of death
be carried into execution, he shall direct what punishment in lieu of the
punishment of death is to be inflicted on the person convicted, and the
person convicted shall be liable to be so punished accordingly.
65. —(1) The Judge of the Supreme Court may by gene
approved by the Secretary of State, prescribe the manner in which and
the prisons in China or Corea at which punishments passed by any Court
or otherwise awarded under this Order are to be carried into execution.
(2) The warrant of any Court shall be sufficient authority to any
person to whom it is directed to receive and detain the person therein
named in any prison so prescribed.
(3) For the purposes of this Article “ China ” includes places within
the limits of the Weihaiwei Order in Council, 1901.
66. —(1) Where an offender is sentencedImprisonment to imprisonmen
Supreme Court thinks it expedient that the sentence be carried into effect in His
within His Majesty’s dominions, and the offender is accordingly, under Majesty’s
dominions.
Section 7 of the Foreign Jurisdiction Act, 1890, sent for imprisonment to
a place in His Majesty’s dominions, the place shall be either Hongkong,
or a place in some other part of His Majesty’s dominions, the Govern-
ment whereof consents that offenders may be sent thither under this Article.
(2) The Supreme Court may, by warrant under the hand of a Judge
and the seal of the Court, cause the offender to be sent to Hongkong, or
other such place as aforesaid, in order that the sentence may be there
carried into effect accordingly.
(3) The warrant shall be sufficient authority to any person to whom
it is directed to receive and detain the person therein named, and to
carry him to and deliver him up at the place named, according to the
warrant.
67. —(1) A Judge of the Supreme Court may, if he th
report to the Secretary of State or to the Minister in China or in Corea,
as the case may be, recommending a mitigation or remission of any
punishment awarded by any Court, and thereupon the punishment may
be mitigated or remitted by the Secretary of State or Minister.
(2) Nothing in this Order shall affect His Majesty’s prerogative of
pardon.
Inquests.
68. —(1) The Court shall have and discharge all the pow
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
250 ORDERS IN COUNCIL
arriving in the district, and to deaths of British subjects having hap-
pened at sea on board foreign ships so arriving.
(3) The jurisdiction of the Court under this Article shall be
exercised subject to the following provisions:—
(a) Where a British subject is charged with causing the death, the
Court may, without holding an inquest, proceed forthwith with
the preliminary examination.
(b) Where a British subject is not charged with causing the death,
the Court shall, without any jury, hold an inquest, taking the
depositions of those who know the facts. If, during or after
the inquest, a British subject is so charged, the depositions
shall be read over in the presence of the witnesses and of the
accused, who shall be entitled to cross-examine each witness,
and the procedure shall be as in other cases of preliminary
examination. If after the inquest the Court does not see fit to
cause any person to be charged, the Court shall certify its
opinion of the cause of the death. When the inquest is held
by a Provincial Court, the certificate and the depositions shall
be sent forthwith to the Supreme Court, and that Court may
give any directions which may seem proper in the circumstances.
(4) In this Article the expression “the Court” includes the Registrar
of the Supreme Court.
Statutory or other Offences.
'Patents aud possession,
•trade-marks. 69. Anywould
act which, if done against
be an offence in the United
any of Kingdom, or inStatutes
the following a Britishof
the Imperial Parliament or Orders in Council, that is to say :—
The Merchandize Marks Act, 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.
Smuggling. 70.—(1) If a British subject—
(i) Smuggles, or attempts to smuggle, out of China or Corea any
goods on exportation whereof a duty is payable to the Chinese
or Corean Government;
H.B.M. SUBJECTS IN CHINA AND COREA 251
(ii) Imports or exports, or attempts to import or export, into or out
of China or Corea, any goods, intending and attempting to
evade payment of duty payable thereon to the Chinese or
Corean Government;
(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 hearing of the charge.
(3) If a person so charged is convicted, then those goods, whether
they have been so seized or not, shall be forfeited to His Majesty the
King, and the Court shall dispose of them, subject to any general or
special directions of the Secretary of State as the Court thinks fit.
71. —(1) If any British subject, without His Majesty’s authorit
proof whereof shall lie on the party accused, does any of the following war>etc-
things, that is to say :—
(а) 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,
(б) 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 Avhat mode and where the case shall be heard and determined, and the
case shall be heard and determined accordingly.
72. Any British subject being in China or Corea may be proceeded Piracy,
against, tried, and punished under this Order for piracy wherever
committed.
If a person accused of piracy is brought before a Provincial Court,
that Court shall report the case to the Supreme Court, and the Supreme
Court shall thereupon give such directions as it may think fit with
respect to the trial.
73. If any British subject in China or in Corea violates or fails to violation of
observe any stipulation of any Treaty between His Majesty, his pre- Treaties-
decessors, heirs, or successors, and the Emperor of China or of Corea
252 ORDERS IN COUNCIL
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.
International 74.
Regulations. representatives —(1) Where, by agr
in China and Corea of foreign States, or some of them, in
conjunction witli the Chinese or Corean authorities, Sanitary, or Police,
or Port, or Game, or other Regulations are established, and the same,
as far as they affect British subjects, are approved by the Secretary
of State, the Court may, subject and according to the provisions of this
Order, entertain any complaint made against a British subject for a
breach of those Regulations, and may enforce payment of any fine
incurred by that subject or person in respect of that breach, in Like
manner, as nearly as may be, as if that breach were by tliis Order
declared to be an offence against this Order.
(2) In any such case the fine recovered shall, notwithstanding any-
thing in this Order, be disposed of and applied in manner provided by
those Regulations.
^Seditious 75. Every person subject to the criminal jurisdiction of the Court
conduct. who prints, publishes, or offers for sale any printed or written newspaper
or other publication containing matter calculated to excite tumult or
disorder, or to excite enmity between His Majesty’s subjects, and the
Government of China or Corea, as the case may be, or between that
Government and its subjects, shall be guilty of a grave offence against
this Order, and may, in addition to, or in lieu of, any other punishment, be
ordered to give security for good behaviour, and in default thereof, or on a
further conviction for the like offence, he may be ordered to be deported.
An offence against this Article shall not be tried except by the
Supreme Court.
Offences
against 76. —(1) If a British su
religions (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.
Oontempt of *17.—(1) If any person, subject to the criminal jurisdiction of a
Court, does any of the following things, namely :—
{a) Wilfully, by act or threat, obstructs an officer of, or person
executing any process of, the Court in the performance of his
duty; or
H.B.M. SUBJECTS IN CHINA AND COEEA 253
(ft) 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 fit, instead of directing proceed-
ings as for an offence against this Order, may order the offender to be
apprehended forthwith, with or without warrant, and on inquiry and
•consideration, and after the hearing of any defence which such person
may offer, without further process or trial, may adjudge him to be
punished with a fine not exceeding <£10, or with imprisonment not ex-
ceeding twenty-four hours, at the discretion of the Court.
(2) A Minute shall be made and kept of every such case of punish-
ment, recording the facts of the offence, and the extent of the punish-
ment. In the case of a Provincial Court, a copy of the Minute shall be
forthwith sent to the Supreme Court.
(3) Nothing herein shall interfere with the power of the Court to
remove or exclude persons who interrupt or obstruct the proceedings of
the Court.
78. —(1) If an officer of the Court employed to execute an orde
by neglect or omission the opportunity of executing it, then, on complaint officere-
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.
79. —(1) If a clerk or officer of the Court, acting under prete
the process or authority of the Court, is charged with extortion, or with
mot 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.
80.—(1) Where a British subject, being in China or Corea, is
charged with having committed, either before or after the commencement miies'of
of this Order, any offence within a British ship at a distance of not more the coast,
than 100 miles from the coast of China, or within a Chinese or Corean
ship at such a distance as aforesaid, or within a ship not lawfully entitled
to claim the protection of the flag of any State, at such a distance as
254 ORDERS IN COUNCIL
aforesaid, any of His Majesty’s Courts in China or Corea within the! .
jurisdiction whereof he is found may cause him to be apprehended and
brought before it, and may take the preliminary examination and commit
him for trial,
(2) If the Court before which the accused is brought is a Provincial
Court, the Court shall report to the Supreme Court the pendency of the
case.
The Supreme Court shall thereupon direct in what mode and where-
the case shall be heard and determined, and (notwithstanding anything
in this Order) the case shall be so heard and determined accordingly.
(3) The provisions of this Order relative to offences, and proceed!ngs-
in criminal matters, shall in all respects, as far as may be, extend and
apply to every such case, in like manner as if the offence had been com-
mitted in China or Corea.
jurisdiction of 81. Where a British subject, being in Hongkong, is charged with
Court™* having
Hongkong. Order, anycommitted, either before
crime or offence or after
within any the Chinese,
British, commencement of ship
or Corean this
at such a distance as aforesaid, the Supreme Court at Hongkong shall
have and may exercise authority and jurisdiction with respect to tho
Apprehension crime82.or His
offenceMajesty’s
as fully Minister
as if it hadin been committed in any
Hongkong.
o eser ers. gUpreme Court, any Consular officer inChina
ChinaororCorea, JudgeOovernor
Corea, or the of the
of Hongkong, on receiving satisfactory information that any soldier,
sailor, marine, or other person belonging to any of His Majesty’s military
or naval forces, has deserted therefrom, and has concealed himself in any
British ship at such a distance as aforesaid, may, in pursuance of such,
information, issue his warrant for a search after and apprehension of
such deserter, and on being satisfied on investigation that any person sn
apprehended is such a deserter, shall cause him to be, with all convenient
speed, taken and delivered over to the nearest military station of His-
Majesty’s forces, or to the officer in command of a ship of war of His
Majesty serving in China or Corea, as the case may require.
Deportation.
Deportation. 83.—(1) Where it is proved that there is reasonable ground to-
apprehend that a British subject is about to commit a breach of the
public peace—or that the acts or conduct of a British subject are or is
likely to produce or excite to a breach of the public peace—the Court
may, if it thinks fit, cause him to be brought before it, and require him
to give security to the satisfaction of the Court to keep the peace, or for
his future good behaviour, as the case may require.
(2) Where a British subject is convicted of an offence before the
Court, the Court may, if it thinks fit, require him to give security to the
satisfaction of the Court for his future good behaviour, and for that
purpose may (if need be) cause him to be brought before the Court.
(3) In either of the foregoing cases, if the person required to give
security fails to do so, the Court may order that he be deported from
China or Corea to such place as the Court directs.
(4) The place shall be a place in some part (if any) of His Majesty’s'
dominions to which the person belongs, or the Government of which
consents to the reception of persons deported under this Order.
(5) A Provincial Court shall report to the Supreme Court any order
of deportation made by it and the grounds thereof, before the order is
executed. The Supreme Court may reverse the order, or may confirm it
with or without variation, and in case of confirmation, shall direct it to-
be carried into effect.
SUBJECTS IN CHINA AND COREA 255
(6) The person to be deported shall be detained in custody until a
fit opportunity for his deportation occurs.
(7) He shall, as soon as is practicable, and in the.case of a person
-convicted, either after execution of the sentence or while it is in course of
execution, be embarked in custody under the warrant of the Supreme Court
-on board one of His Majesty’s ships of war, or, if there is no such ship
available, then on board any British or other fit ship bound to the place
of deportation.
(8) The warrant shall be sufficient authority to the commander or
master of the ship to receive and detain the person therein named, and
fo 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 (whicli permission the Secretary of State may give) he shall be
deemed guilty of a grave offence against this Order; and he shall also be
liable to be forthwith again deported.
84. Where any person is deported to Hongkong, he shall on his Dealing with
arrival there be delivered, with the warrant under which he is deported, pereonsat
into the custody of the Chief Magistrate of Police of Hongkong, who, on Hongkong,
receipt of the person deported, with the warrant, shall detain him and
shall forthwith report the case to the Governor of Hongkong, who shall
either by warrant (if the circumstances of the case appear to him to
make it expedient) cause the person so deported to be taken to England,
and in the meantime to be detained in custody (so that the period of
such detention do not exceed three months), or else shall discharge him
from custody.
Appeal and Reserved Case.
85. —(1) Where a person is convicted of any offence
Court— reserved case.
(а) 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
(б) 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.
86. —(1) Where a case is stated under the last precedi
the Court, before whom the trial was had, shall, as it thinks fit, either case Btate '
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
OEDERS IN COUNCIL
made in the Minutes that in the judgment of the Supreme Court the
person ought not to have been convicted, or order judgment to be given
at a subsequent sitting of the Provincial Court, or order a new trial, or
make such other order as the Supreme Court thinks just, and shall also
give all necessary and proper consequential directions.
(3) The judgment of the full Court shall be delivered in open
Court, after the public hearing of any argument offered on behalf of the
prosecutor or of the person convicted.
(4) Before delivering judgment, the full Court may, if necessary,
cause the case to be amended, by the Provincial Court.
(5) The full Court shall not annul a conviction or sentence, or vary
a sentence, or order a new trial on the ground—
(a) Of any objection which, if stated, during the trial, might, in the
opinion of the Supreme Court, have been properly met by
amendment at the trial; or
(b) Of any error in the summoning of assessors ; or
(c) Of any person having served as assessor who was not qualified.; or
(4) Of any objection to any person as assessor which might have
been raised before or at the trial; or
(ej Oi 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
King in Council from a decision of the Supreme Court, except by special
leave of His Majesty in Council.
Fugitive Offenders.
offenders. Removal Act, 1884, shall apply Act,
Fugitive 88. The Fugitive Offenders 1881, and the Colonial Prisoners
to China and Corea, as if those places
were a British possession and part of His Majesty’s dominions.
Subject as follows
(a) His Majesty’s Minister in China or Corea, as the case may
require, is hereby substituted for the Oovernor or Government
of a British possession ; and
(6) 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.
(4) For the purposes of Part II. of the said Act of 1881, and of this
Article in relation thereto, China, Corea, Weihaiwei and Hong-
kong.shall be deemed to be one group of British possessions.
IY.—Civil Matters.
89. Subject to the provisions of this Order, the civil jurisdiction of
every Court acting 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 in force.
Procedure.
AH
ingsproceed- 90. —(1) Every civil pr
takentobybe action,(2)andFornottheotherwise,
action.
and shall be designated an action.
purposes of any statutory enactment or other provision
applicable under this Order to any civil proceeding in the Court, an
H.B.M. SUBJECTS IN CHINA AND COEEA 257
action under this Order shall comprise and be equivalent to a suit, cause,
or petition, or to any civil proceeding, howsoever required by any such
enactment or provision to be instituted or carried on.
91. —(1) Every action shall commence by a summons ment of issued fr
Commence-
Court, on the application of the plaintiff, and served on the defendant (in action.
this Order referred to as an original summons) ; but notwithstanding
this provision, proceedings may be taken in and applications may be
made to the Court in particular classes of cases, in such manner as may
be prescribed by Rules of Court, or, where such manner is not so pre-
scribed, in such maimer as like proceedings and applications are taken
and made in England.
92. —(1) Subject to the provisions of this Order, every action
TrialSupreme
by jury
Supreme Court which involves the amount or value of <£150 or upwards inCourt.
shall, on the demand of either party in writing, filed in the Court seven
days before the day appointed for the hearing, be heard with a jury.
(2) Any other suit may, on the suggestion of any party, at any
stage, be heard with a jury, if the Court thinks fit.
(3) Any suit may be heard with a jury if the Court, of its own
motion, at any stage, thinks fit.
93. —(1) The Supreme Court may, if it thinks fit, hear any
with assessors.
(2) A Provincial Court shall (subject to the provisions of this
Order) hear with assessors every action which involves the amount or
value of ,£150 or upwards.
(3) In all other cases a Provincial Court may, as it thinks fit, hear
the action either with or without assessors.
94. —(1) After the issue of a summons bySpecial anycase.
Court, the d
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
ease to be stated by, or under the direction of, that Court for the opinion
or direction of the Supreme Court.
95. Subject to the provisions of this Order and the Rules of Court, Costs.
the costs of and incident to all proceedings in the Court shall be in the
discretion of the Court, provided that if the action is tried with a jury
the costs shall follow the event, unless the Court shall for good cause
(to be entered in the Minutes) otherwise order.
Arbitration.
96. —(1) Any agreement in writing between any British subj
between British subjects and foreigners to submit present or future
differences to arbitration, whether an Arbitrator is named therein or
not, may be filed in the Court by any party thereto, and, unless a con-
trary intention is expressed therein, shall be irrevocable, and shall have
the same effect as an order of the Court.
(2) Every such agreement is in this Order referred to as a submission.
(3) If any action is commenced in respect of any matter covered by
a submission, the Court, on the application of any party to the action,
may by order stay the action.
97. — (1) In any. action
(a) If all parties consent, or special1 to
(b) If the matters in dispute consist wholly or partly of matters of Referees,
account, or require for their determination prolonged examina-
tion of documents or any scientific or local examination:
the Court may at any time refer the whole action, or any question or
issue arising therein, for inquiry and report, to the Registrar or any
special Referee.
9
258 ORDERS IN COUNCIL
(2) The report of the Registrar or special Referee may be adopted
wholly or partially by the Court, and if so adopted may be enforced as a
judgment of the Court.
(3) The Court may also in any case, with the consent of both parties
to an action, or of any parties between whom any questions in the action
arise (such consent being signified by a submission) refer the action or
the portions referred to in the submission to arbitration, in such man-
ner and upon such terms as it shall think reasonable or just.
(4) In all cases Of reference to a Registrar, special Referee, or
Arbitrator, under any order of the Court, the Registrar, special Referee,
or Arbitrator shall be deemed to be an officer of the Court, and shall
have such powers and authority, and shall conduct the reference or
arbitration in such manner as may be prescribed by any Rules of Court,
and subject thereto as the Court may direct.
Enforcement 98. Subject to Rules of Court, the Court shall have authority to
or award.810" enforce any the
and regulate submission, or any
proceedings beforeaward
and made thereunder,
after the award, inandsuchto manner
control
and on such terms as the Court thinks fit.
Bankruptcy.
Bankruptcy, 99. Each Court shall, as far as circumstances admit, have, for and
within its own district, with respect to the following classes of persons
being either resident in China or Corea, or carrying on business there,
namely, resident British subjects and their debtors and creditors, being
British subjects, or foreigners submitting to the jurisdiction of the
Court, all such jurisdiction in bankruptcy as for the time being belongs
to the High Court and the County Courts in England.
Admiralty.
jun
^rUdictmn
ic ion, £or an100.—(1)
q withinThe the Supreme
limits of Court
this Order,
shall have
and over
Admiralty
vessels and
jurisdiction
persons
coming within the same.
(2) The following enactments of the Colonial Courts of Admiralty
Act, 1890, that is to say, Section 2, Sub-sections (2) to (4) ; Sections 5 and
6; Section 16, Sub-section (3); shall apply to the Supreme Court as if
that Court were a Colonial Court of Admiralty, and as if China and
Corea were a British possession; and for the purpose of this application
the expressions “judgment” and “appeal” shall in the enactments so
applied have the same respective meanings as are assigned thereto in
Section 15 of the said Act.
Matrimonial.
Matrimonial
juris ic ion. 101.j The
for an( Supreme
jthin (Jhina Court
and shall, aswithfarrespect
Corea, as circumstances
to British admit,
subjects,have
all
w
such jurisdiction in matrimonial causes except the jurisdiction relative
to dissolution or nullity or jactitation of marriage, as for the time being
belongs to the High Court in England.
Lunacy.
Lunacy
jurisdiction. }iave 102.—(1) The China
for and within SupremeandCourt
Corea,shall, as far asto circumstances
in relation British subjects, admit,
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
H.B.M. SUBJECTS IN CHINA AND COREA 259
exercised in England by a judicial authority under the provisions of the
Lunacy Act, 1890, or any Act amending the same.
(2) A Provincial Court shall, as far as circumstances permit, have
in relation to British subjects, such jurisdiction relative to the custody
and management of the persons and estates of lunatics as for the time
being may be prescribed by Rules of Court, and until sucli Rules are
made, and so far as such Rules do not apply, as may be exercised in
England by a judicial authority and by the Masters in Lunacy under the
provisions of the Lunacy Act, 1890, or any Act amending the same.
(3) In any such case the Provincial Court may, of its own motion,
or on the application of any person interested, take or authorise such
steps as to the Court may seem necessary or expedient for the p erson and
property of any person appearing to the Court to be a lunatic* and may
from time to time revoke, or vary, or supplement any order or proceeding
taken in the matter.
(4) Subject to the provisions of this Article and to any Rules of
Court, a Provincial Court shall not proceed in any such matter except
under and according to the directions of the Supreme Court.
(5) Sections 5 to 7 of the Lunatics Removal (India) Act, 1851 (14
and 15 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.
103. All real or immovable property situate in China or Corea, and Real property
to devolve as
belonging at the time of his death to any British subject dying after the personal
commencement of this Order, shall be deemed to be personal estate, and
the devolution thereof, in case of intestacy, shall be regulated according
to the law of England for the time being relating to personal estate.
104. —(1) The Supreme Court shall, asJurisdiction far as circumsta
have, for and within China and Corea, with respect to the wills and the oi Courts.
property in China and Corea of deceased British subjects, all such
jurisdiction as for the time being belongs to the High Court in England.
(2) A Provincial Court shall have power to grant probate or letters
of administration where there is no contention respecting the right to
the grant.
(3) Probate or administration granted by a Court under this Order
shall have effect over all the property of the deceased within China or
Corea, and shall effectually discharge persons dealing with an executor or
administrator thereunder, notwithstanding that any defect afterwards
appears in the grant.
105. Section 51 of the Conveyancing (Scotland) Act, 1874, and any Enactment
enactment for the time being in force amending or substituted for the applied.
same, are hereby extended to China and Corea with the adaptation follow-
ing, namely:—
The Supreme Court is hereby substituted for a Court of Probate in
a Colony.
106. —(1) Where a Court of Probate inSealing theorofUnited Kin
any British Possession to which the Colonial Probates Act, 1892, for the British
time being extends, has granted probate or letters of administration or Colonial
probate, &c.
confirmation in respect of the estate of a deceased person, the probate
letters or confirmation so granted may, on being produced to, and a
copy thereof deposited with, the Supreme Court, be sealed with the seal
of that Court, and thereupon shall be of the like force and effect and
have the same operation as if granted by that Court.
9*
ORDERS IN COUNCIL
(2) Provided that the Supreme Court shall, before sealing any
probate letters or confirmation under this section, be satisfied either
that all probate or estate duty has been paid in respect of so much of
the estate, situated in China or Corea as is liable to such duty, or that
security has been given in a sum sufficient to cover the property (if any)
in China or Corea, and may require such evidence, if any, as it thinks
fit as to the domicile of the deceased person.
(3) The Supreme Court may, also, if it thinks fit, on the applica-
tion of any creditor, require before sealing that adequate security be
given for the payment of debts due from the estate to creditors residing
in China or Corea.
(4) For the purposes of this Article, a duplicate of any probate,
letters of administration, or confirmation sealed with the seal of the
Court granting the! same, or a copy thereof certified as correct by or
under the authority of the Court granting the same, shall have the same
effect as the original.
Custody
property ofof 107. —(1) Where a B
intestate. where, intestate, then, until administration is granted, his property in
China or Corea shall be vested in the Judge of the Supreme Court.
(2) The Court within whose jurisdiction any property of the de-
ceased is situated shall, where the circumstances of the case appear to the
Court so to require, forthwith on his death, or as soon after as may be,
take possession of his property within the particular jurisdiction, or put
any such property under the seal of the Court (in either case if the
nature of the property or other circumstances so require, making an
inventory), and so keep it until it can be dealt with according to law.
Executor 108. If any person named executor in the will of the deceased takes
obtain
probate. possession of and administers or otherwise deals with any part of the
property of the deceased, and does not obtain probate within one month
after the death, or after the termination of any suit or dispute respect-
ing probate or administration, he shall be guilty of an offence and shall
be liable to a fine not exceeding <£50.
Administering
estate without executor 109. If any person, other than the person named administrator or an
authority. or an officer of the Court, takes possession of and administers
or otherwise deals with any part of the property of a deceased British
subject, whether resident or not, he shall be deemed guilty of a contempt
of Court, and shall be liable to a fine not exceeding <£50.
Death
failure or 110. Where a person appointed executor in a will survives the
executor.of testator, but either dies without having taken probate, or, having been
called on by the Court to take probate, does not appear, his right in re-
spect of the executorship wholly ceases: and without further renuncia-
tion the representation to the testator and administration of his pro-
perty shall go and may be committed as if that person had not been
appointed executor.
Testamentary
papers 111. —(1) Where a
depositedto inbe other such subject having in his possession, or under his control, any
paper or writing of the deceased, being, or purporting to be testament-
ary, shall forthwith bring the original to the Court within whose parti-
cular jurisdiction the death happens, and deposit it there.
If any person fails to do so for fourteen days after having knowledge
of the death of the deceased, he shall be guilty of an offence and liable
to a fine not exceeding <£50.
(2) Where it is proved that any paper of the deceased, being or
purporting to be testamentary, is in the possession or under the control
of a British subject, the Court may, whether a suit or proceeding
respecting probate or administration is pending or not, order him to
produce the paper and bring it into Court.
H.B.M. SUBJECTS IN CHINA AND COREA
(3) Where it appears to the Court that there are reasonable grounds
for believing that any person has knowledge of any paper being, or
purporting to be, testamentary (although it is not shown that the paper
is in his possession or under his control), the Court may, whether a suit
or proceeding for probate or administration is pending or not, order
that he be examined respecting it before the Court or elsewhere, and
that he do attend for that purpose, and after examination order that
he do produce the paper and deposit it in Court.
112. Where it appears to the Court that the value of the property Administra-
or estate of a deceased person does not exceed =050, the Court may, gS°t“°efssmaU
without any probate or letters of administration, or other formal proceeding,
pay thereout any debts or charges, and pay, remit, or deliver any surplus
to such persons, subject to such conditions (if any) as the Court thinks
proper, and shall not be liable to any action, suit, or proceedings in
respect of anything done under this Article. Provided that a Provincial
Court shall not exercise the powers of this Article except with the
approval of the Supreme Court. Every proceeding of the Court under
this Article shall be recorded in the Minutes.
Appeals and Uehearings.
113. —(1) Where an action in a Provincial Court involves t
for value of =825 or upwards, any party aggrieved by any decision of that courtme
Court, with or without assessors, in the action shall have the right to
appeal to the Supreme Court against the same, on such terms and
conditions as may be prescribed by 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.
114. —(1) The Supreme Court may, if it thinks fit, on the
of any party or of its own motion, order a rehearing of an action, or of an conrt™*
appeal, or of any arguments on a verdict or on any other question of
law.
(2) The provisions of this Order respecting a hearing with a jury
or assessors shall extend to a rehearing of an action.
(3) The Supreme Court may, if it thinks fit, direct any rehearing to
be before the full Court.
(4) If the party applying for a rehearing has by any order been
ordered to pay money or do any other thing, the Court may direct either
that the order be carried into execution, or that the execution thereof be
suspended pending the rehearing, as it thinks fit.
(5) If the Court directs the order to be carried into execution, the
party in whose favour it is given shall before the execution give security
to the satisfaction of the Court for the performance of such order as
shall be made on the rehearing.
(6) If the Court directs the execution of the order to he suspended, v
the party against whom it is given shall, before an order for suspension
is given, give security to the satisfaction of the Judge for performance of
such order as shall be made on the rehearing.
(7) An application for a rehearing shall be made within the pre-
scribed time.
Appeals to His Majesty in Council.
115.—(1) Where a final judgment or order of the Supreme Court pJ^.^^neiL.
made in a civil action involves the amount or value of <£500 or upwards,
any party aggrieved thereby may, within the prescribed time, or, if no
ORDERS IN COUNCIL
time is prescribed, within fifteen days after the same is made or given,
apply by motion to the Supreme Court for leave to appeal to His 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.
Execution
pending 116. —(1) Where
appeal. applied for by a person ordered to pay money or do any other act, the
Supreme Court shall direct either that the order appealed from be carried
into execution, or that the execution thereof be suspended pending the
appeal, as the Court thinks just.
(2) If the Court directs the order to be carried into execution, the
person in whose favour it is made shall, before the execution of it, give
security to the satisfaction of the Court for performance of such order
as His Majesty in Council may think fit to make.
(3) If the Court directs the execution of the order to be suspended
the party against whom it is given shall, before an order for suspension
is made, give security to the satisfaction of the Court for performance of
such order as His Majesty in Council may think fit to make.
Appeal by
special leave. 117. This Order shall not affect the right of His Majesty in Council
at any time, on the humble petition of a person aggrieved by a decision
of the Supreme Court, to admit his appeal thereon on such terms and in
such manner as His Majesty in Council may think fit, and to deal with
the decision appealed from in such manner as may be just.
Y.—Procedure, Criminal and Civil.
Mimses of
proceedings. 118. —(1) In eve
shall be drawn up, and shall be signed by the Judge before whom the
proceedings are taken, and shall, where the trial is held with assessors,
be open for their inspection and for their signature if concurred in by
them.
(2) These Minutes, with the depositions of witnesses, and the notes
of evidence taken at the hearing or trial by the Judge, shall be preserved
in the public oflBce of the Court.
Rules of
Court. 119. The Judge of the Supreme Court may make Rules of Court—
(a) For regulating the pleading practice and procedure in the Courts
established under this Order with respect to all matters within
the jurisdiction of the respective Courts;
H.B.M. SUBJECTS IN CHINA AND COREA
(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.
120.—(1) The Court may, in any case, if it thinks fit, on account of Power to
the poverty of a party, or for any other reason, to be recorded in the payment oftb
Minutes, dispense with or remit the payment of any fee in whole court fees,
•or in part.
(2) Payment of fees payable under any Rules to be made in pur-
suance of this Order, and of costs and of charges and expenses, of
witnesses, prosecutions, punishments, and deportations and of other
charges and expenses, and of fines respectively payable under this Order,
may be enforced under order of the Court by seizure and sale of goods, and
•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