1: Document is the Property of His Britannic Majesty's Government.
CHINA TRADE,
CONFIDENTIAL
No. 1.
248
[December 17.]
SECTION 2.
Sir E. Satow to the Marquess of Lansdowne,-(Received December 17.)
(No. 376.) My Lord,
Peking, November 3, 1904. IN continuation of my despatch No. 364 of the 19th October, I have the honour to inclose copy of a note which I addressed to Prince Ching embodying the instructions conveyed to me in your Lordship's telegram No. 153 of the 19th October, informing me that the Board of Trade were of opinion that it was of great importance to obtain further time for the consideration of the Trade-mark Regulations, and that I should press the Chinese Government to consent to postpoue for six months the date of their coming into operation,
The immediate result was a visit to this Legation of two Secretaries of the Board of Commerce, who saw Mr. Cockburn, in my absence from town, and delivered to him an unofficial note by way of introduction, referring to earlier discussions that had taken place between the Board and this Legation regarding the date for the Regulations to come into effect.
They declared that the other two Powers-namely, Japan and America, who had negotiated Commercial Treaties and inserted in them provisions for be protection of trade-marks-objected to postponement; while those who have not press for it, Germany being especially urgent. The Board found themselves in a difficulty, and hoped I should be able to devise some way out of the difficulty.
He
Mr. Cockburn replied that, in view of my instructions, which were very explicit, I could do nothing but urge them to postpone, and he exhausted every available argument in favour of that course. They insisted, however, that it was now too late, all the provincial authorities had been instructed, and would think the Board of Commerce a very incompetent body if their instructions were altered at the last moment. suggested, therefore, that they might do something to relieve the anxiety of merchants if they replied through the Foreign Board to my official note, by giving a pledge that if the Regulations were found to cause any injury to British merchants they would at once be amended. This they undertook to do.
On the following day the officials of the Board called again and saw Mr. Mayers. They gave him to understand that they would postpone the operation of the Regulations if I still insisted on it, but pressed for a reply in writing. In consequence of the con- versation with Mr. Cockburn, a note had already been sent to the Board on the 23rd, stating that my instructions left me no option but to press for postponement, but that I would telegraph to your Lordship that they were ready to introduce any amendments that might be found necessary, and that as soon as I received your Lordship's reply I would communicate it to them.
I accordingly dispatched my telegram of the 24th October to your Lordship. In the interval I learnt from my German colleague that he had received a written assurance from Prince Ching that the date would be put off, which he considered to be the result of the request that, by your Lordship's instructions, I had addressed to the Chinese Government, and I expressed the opinion that it would be preferable to have the Board of Trade's amendments inserted before the Regulations were finally accepted by His Majesty's Government. Baron von Mumm further informed me that he had telegraphed to Tien-tsin and Shanghae on the 23rd October, after receiving the Prince's assurance, to give public notice that the Regulations would not come into force for the present.
On the 26th Prince Ching forwarded to me a copy of a communication from the Board of Commerce, in which they again recurred to the negotiations with me of some months back, relative to the date on which the Regulations were to come into operation, and stated that, in consequence of His Majesty's Government having telegraphed for a postponement, which was strongly opposed by Japan, they had sent Secretaries of the Board to see Mr. Cockburu, and they quoted my note of the 23rd, as if it had contained nothing but a promise to telegraph to your Lordship the assurance that if the Regula- tions contained any provision prejudicial to British merchants it should at once be
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