6
authorized to impose. Any changes in any of the foregoing particulars are also to be at once notified to the Japanese Diplomatic Agent by the Chinese Government.
ARTICLE XIX.
The Chinese Government assumes responsibility in respect of all taxes, imposts, duties, li-kin, charges, and exactions imposed in its name by Chinese officials upon Japanese subjects, merchandize, and vessels; and whenever it can be shown that any taxes, imposts, duties, li-kin, charges, or exactions are illegal, or have been imposed in excess of the rates prescribed by this Treaty, the Chinese Government undertakes to at once refund such excess.
ARTICLE XX.
Merchandize 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 forth- with to receive from the Chinese Customs drawback certificates for the amount of import duty paid thereon, provided that the merchandize 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.
ARTICLE XXL
The Chinese Government consents to the establishment of bonded warehouses and sheds at the several open ports of China. The two High Contracting Parties will at once agree upon Regulations on the subject.
-ARTICLE XXII.
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 forty-eight 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 payment 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 or duty-paid articles, between any of the open ports or ports of call of China. All small vessels and cargo-boats, however, conveying merchandize which is at the time of such conveyance 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 Chinese vessels and boats, or the vessels and boats of the most favoured nation.
Japanese subjects and Companies maintaining regular steam-ship lines to or from any of the open ports of China shall have the right to substitute vessels in place of those which have already paid tonnage dues, and any vessel so substituted shall be exempt from tonnage dues for the remainder of the period during which the replaced vessel would have been entitled to exemption. Any deficiency or excess in the amount of tho tonnage dues arising on account of difference in tonnage shall be adjusted at the time of the first entry of the substituted vessel.
7
ARTICLE XXIII.
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.
ARTICLE XXIV.
Japanese merchant-vessels compelled on account of injury sustained, or any other cause, to seck a place of refuge, shall be permitted to enter any port within the dominions of His Majesty the Emperor 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.
ARTICLE XXV.
The Chinese authorities at the several open ports shall adopt such means as they may judge most proper, not inconsistent with the provisions of this Treaty or any Rules and Regulations which are now in force, or which may hereafter be agreed to by the High Contracting Parties, to prevent the revenue suffering from fraud or smuggling.
ARTICLE XXVI.
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.
ARTICLE XXVII.
Japanese ships of war cruising for the protection of trade or in pursuit of pirates shall be at liberty to visit all ports within the dominions of His Majesty the Emperor of China. They shall receive every facility for the purchase of provisions, the procuring of water, and for making repairs. The Commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy. Such ships shall not be liable to the payment of duties of any kind.
ARTICLE XXVIII.
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 Japanese subjects or by the subjects or citizens of any other Power, without the intervention of the Chinese authorities.
ARTICLE XXIX.
If the Chinese authorities or a Chinese subject make any charge or complaint of a civil nature against a Japanese subject, 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.
[1616 kk-2}
D
423