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THE HONGKONG GOVERNMENT GAZETTE, 15TH DECEMBER, 1860. 273
no opposition shall be offered to his hiring persons or hiring vessels for the carriage of his baggage or merchandize. If he be without a passport, or if he commit any offence against the law, he shall be handed over to the nearest Consul for punishment, but he must not be subjected to any ill-usage in excess of necessary restraint. No passport need be applied for by persons going on excursions from the ports open to trade to a distance not exceeding 100 l, 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 regu- lations will be drawn up by the Consul and the local authorities.
To Nanking, and other cities disturbed by persons in arms against the Government, 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 (Yang-tsz). The Upper and Lower Valley of the river being, however, disturbed by outlaws no port shall be, for the present, opened to trade, with the exceptions of Chin-kiang, 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 Han-kow, 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, Ainoy, Foochow, Ningpo, and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects may frequent the cities and ports of New-Chwang, Tang-Chow, Tai-Wan (Formosa), Chau-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 merchandize.
They shall enjoy the same privileges, advantages, and immunities at the said towns and ports as they enjoy at the ports already opened to trade, including the right of residence, of buying or renting houses, of leasing land therein, and of building churches, hospitals, and cemeteries.
ART. XII.-British subjects, whether at the ports or at other places, desiring to build or open houses, warehouses, churches, hospitals, or burial-grounds, shall make their agreement for the land or buildings they require at the rates prevailing among the people, equitably, and without exaction on
either side.
ART. XIII. The Chinese Government will place no restrictions whatever upon the employment, by British subjects, of Chinese subjects in any lawful capacity.
ART. XIV.-British subjects may hire whatever boats they please for the transport of goods or passengers, and the sum to be paid for such boats shall be settled between the parties themselves, with- out 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. XV.-All questions in regard to rights, whether of porperty 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 authorized thereto, according to the laws of Great Britain.
Justice shall be equitably and inpartially administered on both sides.
ART. XVII-A British subject having reason to complain of a Chinese, must proceed to the Con- sulate and state his grievance. The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case, and decide it equitably.
ART. XVIII.-The Chinese authorities shall at all times afford the fullest protection to the per- sons 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 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 rob- bers 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 autho- rities, 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 mentis of conveyance to the nearest Consular station,