567
T8727
[This Document is the Property of Her Britannic Majesty's Government.]~·
RECO [January 23:: 14 JUN 00
JAPAN: TREATY REVISION.
CONFIDENTIAL.
No. 1.
SECTION 3.
Sir E. Satow to the Marquess of Salisbury.--(Received January 2, 1900.)
(No. 192.) My Lord,
Tokió, November 27, 1899.
IN continuation of my despatch No. 168 of the 14th October last, I have the honour to inclose translation of a note which I have received from Viscount Aoki in reply to the protest, which, in accordance with your Lordship's instructions, I addressed to the Japanese Government respecting the duties imposed on the exportation of tea from Formosa.
The second paragraph of this note I understand to be a statement on the part of the Japanese Government of the actual position.
In my note to Viscount Aoki, of which a copy was inclosed in my previous despatch, I had carefully refrained from further allusion to Article VIII of the Treaty, having been informed by your Lordship that the Article in question merely Viscount Aoki now states that the provides for national treatment for British vessels. Japanese Government take the same view. He adds that they have not been able to discover a single Article of the Treaty which either directly or indirectly necessitates equality of the export Tariff, meaning, it is to be presumed, at all Japanese ports. His Excellency adds that the Japanese Government are of opinion that a reference to the practice of many of the Treaty Powers having Commercial Treaties with Japan will show the correctness of their view that the action taken by them in the present case does not conflict with their Treaty obligations.
I have the honour to request your Lordship's instructions as to whether I shall continue the discussion with the Japanese Government, which I commenced with the object of doing what might lie in my power to protect the interests of the British firms established at Amoy, whose business is mainly dependent on the trade in Formosan tea.
(Translation.) Sir,
I have, &c.
(Signed)
ERNEST SATOW.
Inclosure in No. 1.
Viscount Aoki to Sir E. Satow.
November 24, 1899.
I HAVE the honour to acknowledge the receipt of your Excellency's note of the 14th ultimo in which you again address me with reference to the items of Oolong and Powching teas in the Formosan Customs Law recently established.
The transhipment at some neighbouring port outside of Formosa, of the Formosan teas destined to foreign markets, other than Hong Kong and China, is at present a matter of necessity; no export duties at all are imposed in Japan proper; and, in respect of the point that a higher duty is imposed on manufactured tea exported from Formosa to foreign countries than on that which is transported thence direct to Japan proper, the said Customs Law confers greater advantages on the ports of Japan, as ports for the transhipment of such manufactured tea, than it does on foreign ports, the difference being 60 sen per picul.
and
Her Majesty's Government are of opinion that it is contrary to the spirit of the Treaty of Commerce between Great Britain and Japan to impose an export duty on goods leaving a particular port and not to charge an exactly equivalent amount on goods of the same character and origin going abroad from another port, your Excellency has accordingly protested against the Formosan Law at present in operation. Her Majesty's Government do not explain what Treaty provision that Law conflicts with, but your Excellency, in your previous note, called my attention to the second clause of Article VIII of the Treaty. The Imperial Government, however, on reading through all its provisions, can discover no meaning except that it is guaranteed
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