THE HONGKONG GOVERNMENT GAZETTE, 16тп OCTOBER, 1886. 941
ARTICLE XXII.
Spanish vessels entering a port of France and, reciprocally, French vessels entering a port of Spain, intending to unlade in such port only a portion of their cargo, shall, provided they conform to the laws and regulations of the respective States, be entitled to retain on board the portion of their cargo shipped for another port, whether of the same or of another country, and to re-export it without being compelled to pay upon such portion of their cargo any customs duty except that of surveillance, and the same shall be at the rate fixed for native shipping.
ARTICLE XXIII.
Wholly exempt from shipping, harbour, tonnage, and clearance dues in the ports of either party, are- 1. Vessels, from whatever port, who enter in ballast and leave in ballast.
2. Vessels which, passing from a port of one of the two States into one or more ports of the same State, either to unlade there the whole or a portion of their cargo, or to take up or complete their freight, shall show that they have already paid these duties.
3. Vessels which, having entered a port with freight, whether by choice or stress, shall leave it without having effected any commercial transaction.
The unlading and relading of merchandize to facilitate the repair of a vessel which shall have been compelled to put into port, the transhipment on board another vessel in case the first shall have been rendered unseaworthy, the outlay necessary for revictualling, and the sale of averaged goods when authorized by the Customs Administration, shall not be regarded as commercial transactions.
ARTICLE XXIV.
Flotsam and averaged merchandize from a vessel of one of the two High Contracting Parties, when not entered for home consumption, shall not be liable to duties of any kind.
ARTICLE XXV.
Vessels navigating under the flag of either of the two States, owned and registered according to the laws of the country, and furnished with papers and letters regularly issued by the competent authorities, shall be considered as French or Spanish vessels respectively.
The High Contracting Parties agree to settle in concert the conditions on which the respective certificates of tonnage measurement shall be reciprocally admitted in either countries.
ARTICLE XXVI.
The two High Contracting Parties reserve to themselves the power to impose upon any article mentioned in the present Treaty, or upon any other article, to the same extent as they shall affect native vessels, the lading and unlading dues, devoted to paying for the requisite establishments at the port of importation or exportation.
With respect to the berthing of vessels, and their lading or unlading in the ports, roads, harbours, or basins, and generally all forn alities and regulations to which trading vessels may be subjected, with their crews and cargoes, no privuege or favour shall be extended to native vessels in either of the two States which shall not be likewise granted to the vessels of the other Power, the will of the High Contracting Powers being, that in this respect also Spanish and French vessels should be treated on a footing of perfect equality.
ARTICLE XXVII.
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Merchandize not of Spanish origin imported from Spain * to France, whether by land or by sea, shall not be burdened with surtaxes higher than those paid for merchandize of the same kind imported to France from any other European country, except directly in French vessels.
And, reciprocally, merchandize not of French origin exported from France to Spain, either by sea or land, shall not be burdened with surtaxes higher than those to which is liable merchandize of the same kind imported to Spain from any other European country except directly in a Spanish vessel.
ARTICLE XXVIII.
Packet-boats performing postal service, and belonging to Companies subsidized by either of the two States, shall not, when in the ports of the other State, be liable to be forced to change their destin- ation or course, nor to arrest by judicial sentence, embargo or Arrêt de Prince.
With respect, however, to the application of the present Article, the High Contracting Parties agree to concert the regulations necessary to give to the Administration the guarantee of the Com- panies subsidized, relative to responsibilities which may be incurred both by the captains of their packets and by the said Companies themselves.
* The words "from Spain" are wanting in the French ratification, doubtless by a clerical error.