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whereof he attempted to defraud the Customs, or to a confiscation of the goods. In case the goods have been removed from Chinese territory, then the Consul shall infliet on the guilty party a suitable fine to be paid to the Chinese Government.
ARTICLE X.
China agrees to herself establish a system of uniform national coinage and provide for a uniform national currency which shall be freely used as legal tender in payment of all duties, taxes, and other obligations by Portuguese subjects as well as by Chinese subjects in the Chinese Empire. It is understood, however, that all Customs duties shall continue to be calculated and paid on the basis of the Haikwan tael.
ARTICLE XI.
The Government of His Most Faithful Majesty agrees to the prohibition by the Chinese Government of the importation into China of morphia and of instruments for its injection, on condition, however, that the Chinese Government will allow the impor- tation of morphia and of instruments for its injection for medical purposes by Por- tuguese doctors, chemists and druggists, on payment of the prescribed duty and under special permit, which will only be granted to an intending importer upon its signing at the Portuguese Consulate a suitable bond undertaking not to sell morphia except in small quantities and on receipt of a requisition signed by a duly qualified foreign medical practitioner.
If fraud in connection with such importation be discovered by the Customs authorities, the morphia and instrument for its injection will be seized and confiscated, and the importer will be denied the right to import these articles thereafter.
ARTICLE XII.
The Chinese Government, recognizing that it is advantageous for the country to develop its mineral resources, and that it is desirable to attract foreign as well as Chinese capital to embark in mining enterprise, agrees to revise its existing mining regulations in such manner, by the selection of those rules in force in other nations which seem applicable to conditions in China, that the revision, while promoting the interests of Chinese subjects and in no way prejudicing the sovereign rights of China, will offer no impediment to the employment of foreign capital, nor place foreign capitalists at a greater disadvantage than they would be under generally accepted foreign regulations, and will permit Portuguese subjects to carry on in Chinese territory mining operations and other necessary business relating thereto provided they comply with the new regulations and conditions which will be imposed by China on its subjects and foreigners alike, relating to the opening of mines, the renting of mineral land, and the payment of royalty, and provided they apply for permits, the provisions of which in regard to necessary business relating to such operations shall be observed. The residence of Portuguese subjects in connection with such mining operations shall be agreed upon between Portugal and China.
Any Mining Concession granted after the publication of such new rules shall be subject to their provisions.
ARTICLE XIII.
It being only right that the shareholders of any Joint Stock Company or the partners in any commercial undertaking should all be on a footing of equality as regards division of profits and payment of obligations, according to the partnership Agreement or Memorandum and Articles of Association, the Chinese Government agrees that Chinese subjects joining with Portuguese subjects in the organization of a Joint Stock Company or commercial undertaking, legally constituted, shall be liable to the fulfil- ment of the obligations, imposed by said Agreement or Memorandum and Articles of Association, and that Chinese Court will enforce fulfilment of such obligatious, if a suit to that effect be entered; provided always that their liability shall not be other or greater than that of Portuguese shareholders or partners in the same Company or partnership.
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Similarly Portuguese subjects who invest their capital in Chinese enterprises shall be bound to fulfil the obligations imposed by the partnership Agreement or Memo- randum and Articles of Association, and their liability shall be the same as that of the Chinese subjects engaged in the same undertaking.
But as existing Treaty stipulations do not permit foreign merchants to reside in the interior of China for purpose of trade such Joint Stock Company and com- mercial undertakings may be established in the interior by Portuguese and Chinese subjects conjointly.
ARTICLE XIV.
As Portugal affords protection to trade-marks used by subjects of any other nationality provided alike protection is reciprocated for trade-marks used by Portuguese subjects, China, in order to obtain this protection for its subjects in Portuguese territory, agrees to grant protection to Portuguese trade-marks against unlawful use, falsification or imitation by Chinese subjects. To this end the Chinese Government will enact the necessary laws and regulations, and will establish Registration offices at which foreign trade-marks may be registered on payment of reasonable fees.
Further, the Chinese Government agrees that, as soon as a Patent Office has been established and special laws with regard to inventions have been adopted, it will, after payment of the prescribed fees, issue certificates, valid for a fixed term of years, to Portuguese inventors extending to their inventions the same protection as shall be given to Chinese patents in Portugal, provided that such inventions do not infringe on previous inventions by subjects of China,
Any Chinese or Portuguese subject who is the author, proprietor, or seller of any publication injurious to the peace and good government of China shall be dealt with in accordance with the laws of his own country.
ARTICLE XV.
The Government of China having expressed a strong desire to reform its judicial system and to bring it into accord with that of Western nations, Portugal agrees to give every assistance to such reform, and will also be prepared to relinquish extra-territorial rights when satisfied that the state of the Chinese laws, the arrangements for their administration, and other considerations warrant it in so doing.
ARTICLE XVI.
The missionary question in China demands in the opinion of the Chinese Govern- ment careful consideration, so as to avert in the future the troubles which have occurred in the past. Portugal as a nation specially interested in the protection of its Catholie Missions in Chinese territory, agrees to join in a Commission to investigate this question and, if possible, to devise means for securing permanent peace between converts and non-converts. should such a Commission be formed by China and the Treaty Powers interested.
No person, whether Portuguese subject or Chinese convert, who according to the tenets of Christianity, peaceably teaches or practices the principles of that religion, which aims at teaching men to do good, shall be persecuted or harassed on account of his faith. But converts and non-converts, being alike subjects of Chiua, shall conform to her laws, and shall pay due respect to those in anthority, living together in peace and amity; and the fact of his being a convert shall protect no one from the consequence of any offence he may have committed before or may commit after his admission into the church or exempt him from paying legal taxes on Chinese subjects generally except taxes and contributions levied for the support of religious customs and practices contrary to his faith. Missionaries shall not interfere with the exercise by the native authorities of their jurisdiction over Chinese subjects; nor shall the native authorities make any distinction between converts and non-converts, but shall administer the law without partiality so that both classes may live together in peace.
Portuguese Missions shall be permitted to rent and lease in perpetuity, as the property of the Mission, buildings or lands in all parts of the Empire for Mission purposes and, after the title-decds have been found in order and duly stamped by the local authorities, to erect such suitable buildings as may be required for carrying out their good work.