i
67
976
If a British vessel carries on a clandestine trade at a port not open to foreign com. merce, such vessel, with her cargo, shall be seized and confiscated.
If a British vessel be wrecked on the coast of Chosen, the local authorities, on being informed of the occurrence, shall immediately render assistance to the crew, provide for their present necessities, and take measures necessary for the salvage of the ship and the preservation of her cargo. They shall also bring the matter to the knowledge of the nearest Consular Representative of the British Government, in order that steps may be taken to send the crew home, and to save the ship and her cargo. The necessary expenses shall be defrayed either by the ship's master or by the British Government.
ARTICLE IV.
All British subjects in Chosen peaceably attending to their own affairs shall receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of the Government of Chosen, who shall defend them from all insult and 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 dispatch a military force to disperse the rioters, apprehend the guilty indi- viduals, and punish them with the utmost rigour of the law.
Subjects of Chosen guilty of any criminal act towards British subjects shall be punished by the authorities of Chosen according to the laws of Chosen; and British subjects, either on shore or in any merchant-vessel, who may insult, trouble, or wound the persons, or injure the property of the people of Chosen, shall be arrested and punished only by the Consul or other public British functionary thereto authorized according to the laws of the British Government.
When controversies arise in the Kingdom of Chosen between subjects of Her Majesty the Queen of Great Britain and Ireland, and subjects of His Majesty the King of Chosen, which need to be examined and decided by the public officers of the two nations, it is agreed between the two Governments of England and Chosen that such cases shall be tried by the proper official of the nationality of the defendant, according to the laws of that nation,
The properly authorized official of the plaintiff's nationality shall be fully 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 interests of justice. If he so desires, he shall have the right to present and to examine and cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail.
It is, however, mutually agreed and understood between the High Contracting Powers, that whenever the King of Chosen shall have so far modified and reformed the statutes and judicial procedure of his kingdom, that, in the judgment of the British Government, they conform to the laws and course of justice in England, the right of exterritorial jurisdiction over British subjects in Chosen shall be abandoned, and there- after British subjects, when within the limits of the Kingdom of Chosen, shall be subject to the jurisdiction of the native authorities.
ARTICLE V.
Merchants and merchant-vessels of Chosen visiting the United Kingdom of Great Britain and Ireland, and its colonies and possessions, for the purpose of traffic, shall pay duties and tonnage dues, and all fees, according to the Customs Regulations of the British Government, but no higher or other rates of duties and toumage dues shall be exacted of them than are levied upon British subjects, or upon citizens or subjects of the most favoured nation.
British merchants and merchant-vessels visiting Chosen for the purposes of traffic shall pay duties upon all merchandize imported and exported.
The authority to levy duties is of right vested in the Government of Chosen. The Tariff of duties upon exports and imports, together with the Customs Regulations for the prevention of smuggling and other irregularities, will be fixed by the authorities of Chosen and communicated to the proper officials of the British Government, to be by the latter notified to their subjects and duly observed.
It is, however, agreed in the first instance as a general measure that the Tariff upon such imports as are articles of daily use shall not exceed an ad valorem duty of 10 per cent.; that the Tariff upon such imports as are luxuries, as, for instance, toreign wines, foreign tobacco, clocks and watches, shall not exceed an ad valorem duty of 30 per cent.;