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ARTICLE IV.
After the five ports of Canton, Foochow, Amoy, Ningpo, and Shanghai, shall be thrown open, English merchants shall be allowed to trade only at those five ports. Neither shall they repair to any other ports or places, nor will the Chinese people at any other ports or places be permitted to trade with them. If English merchant-vessels shall, contravention of this agreement, and of a Proclamation to the same purport, to be issued by the British Plenipotentiary, repair to any other ports or places, the Chinese Government Officers shall be at liberty to seize and confiscate both vessels and cargoes; and should Chinese people be discovered clandestinely dealing with English merchants at any other ports or places, they shall be punished by the Chinese Government in such manner as the law may direct.
ARTICLE V.
The fourth clause of the General Regulations of Trade, on the subject of commercial dealings and debts between English and Chinese merchants, is to be clearly understood to be applicable to both parties.
ARTICLE VI.
It is agreed that English merchants and others residing at, or resorting to, the five ports to be opened, shall not go into the surrounding country beyond certain short distances to be named by the local authorities, in concert with the British Consul, and on no pretence for purposes of traffic. Seamen and persons belonging to the ships shall only be allowed to land under authority and rules which will be fixed by the Consul, in communication with the local officers; and should any persons whatever infringe the stipulations of this Article, and wander away into the country, they shall be seized and handed over to the British Consul for suitable punishment.
ARTICLE VII.
The Treaty of perpetual Peace and Friendship provides for British subjects and their families residing at the cities and towns of Canton, Foochow, Amoy, Ningpo, and Shanghai, without molestation or restraint. It is accordingly determined that ground and houses, the rent or price of which is to be fairly and equitably arranged for, according to the rates prevailing amongst the people, without exaction on either side, shall be set apart by the local officers, in communication with the Consul, and the number of houses built, or rented, will be reported annually to the said local officers by the Consul, for the information of their respective Viceroys and Governors; but the number cannot be limited, seeing that it will be greater or less, according to the resort of merchants.
ARTICLE VIII.
The Emperor of China having been graciously pleased to grant to all foreign countries whose subjects or citizens have hitherto traded at Canton, the privilege of resorting for purposes of trade to the other four ports of Foochow, Amoy, Ningpo, and Shanghai, on the same terms as the English, it is further agreed, that should the Emperor hereafter, from any cause whatever, be pleased to grant additional privileges or immunities to any of the subjects or citizens of such foreign countries, the same privileges and immunities will be extended to, and enjoyed by, British subjects; but it is to be understood, that demands or requests are not on this plea to be unnecessarily brought forward.
ARTICLE IX:
If lawless natives of China, having committed crimes or offences against their own Government, shall flee to Hong-Kong, or to the English ships of war, or English merchant-ships, for refuge, they shall, if discovered by the English officers, be handed over at once to the Chinese officers for trial and punishment; or if, before such discovery be made by the English officers, it should be ascertained or suspected by the officers of the Government of China whither such criminals and offenders have fled, a communication shall be made to the proper English officer, in order that the said criminals and offenders may be rigidly searched for, seized, and, on proof or admission of their guilt, delivered up. In like manner, if any soldier or sailor, or any other person, whatever his caste or country, who is a subject of the Crown of England, shall, from any cause or on any pretence, desert, fly, or escape into the Chinese territory, such soldier or sailor, or other person, shall be apprehended and confined by the Chinese Authorities, and sent to the nearest British Consular or other Government officer. In neither case shall concealment or refuge be afforded.
ARTICLE X.
At each of the five ports to be opened to British merchants, one English cruizer will be stationed to enforce good order and discipline amongst the crews of merchant shipping, and to support the necessary authority of the Consul over British subjects. The crew of such ship of war will be carefully restrained by the officer commanding the vessel, and they will be subject to all the rules regarding going on shore and straying into the country, that are already laid down for the crews of merchant-vessels. Whenever it may be necessary to relieve such ships of war by another, intimation of that intention will be communicated by the Consul, or by the British Superintendent of Trade, where circumstances will permit, to the local Chinese Authorities, lest the appearance of an additional ship should excite misgivings amongst the people; and the Chinese cruizers are to offer no hindrance to such relieving ship, nor is she to be considered liable to any port-charges, or other rules laid down in the General Regulations of Trade, seeing that British ships of war never trade in any shape.
ARTICLE XI.
The posts of Chusan and Koolangsoo will be withdrawn, as provided for in the Treaty of perpetual Peace and Friendship, the moment all the monies stipulated for in that Treaty shall be paid, and the British Plenipotentiary distinctly and voluntarily agrees, that all dwelling-houses, store-houses, barracks, and other buildings that the British troops or people may have occupied, or intermediately built or repaired, shall be handed over, on the evacuation of the posts, exactly as they stand, to the Chinese Authorities, so as to prevent any pretence for delay, or the slightest occasion for discussion or dispute on those points.
ARTICLE XII.
A fair and regular Tariff of duties and other dues having now been established, it is to be hoped that the system of smuggling which has heretofore been carried on between English and Chinese merchants—in many cases with the open connivance and collusion of the Chinese Custom-house officers—will entirely cease; and the most peremptory Proclamation to all English merchants has been already issued on this subject by the British Plenipotentiary, who will also instruct the different Consuls to strictly watch over, and carefully scrutinize, the conduct of all persons, being British subjects, trading under his superintendence. In any positive instance of smuggling transactions coming to the Consul's knowledge, he will instantly apprize the Chinese Authorities of the fact, and they will proceed to seize and confiscate all goods, whatever their value or nature, that may have been so smuggled, and will also be at liberty, if they see fit, to prohibit the ship from which the smuggled goods were landed, from trading further, and to send her away, as soon as her accounts are adjusted and paid. The Chinese Government officers will, at the same time, adopt whatever measures they may think fit with regard to the Chinese merchants and Custom-house officers, who may be discovered to be concerned in smuggling.
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