([This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[25997]
No. 1.
[July 27.]
SECTION 2.
Sir J. Jordan to Sir Edward Grey.-(Received July 27.)
(No. 266. Confidential.) Sir,
Peking, June 10, 1908. REFERRING to my despatch No. 222, Confidential, of the 23rd ultimo, I learn that M. Wallenberg has in effect continued his negotiations on the basis of the Chinese counter-draft in seventeen Articles, which appears to be a much shorter document than his original draft Treaty.
The greater part of this Chinese counter-draft is composed of extracts from other foreign Treaties, the selection being confined chiefly to Articles which are common to most. Article 7, a copy of the English text of which is inclosed, appears to be the only novelty. Article 8, dealing with ships of war, is practically the same as Article 9 of the Mexican Treaty of 1899 (Rockhill, pp. 468-475) with the words “ provided previous notice shall be given" interpolated after "Contracting Parties." Paragraph 3 of Article 6 of the Mexican Treaty has been added to the usual most-favoured-nation provisions, and though M. Wallenberg would prefer to avoid this limitation, which is also found in Article 1 of the German Supplementary Treaty of 1881, he is disposed, I think, to accept it rather than allow the negotiations to fall through.
Inclosure in No. 1.
Article 7.
I have, &c. (Signed) J. N. JORDAN.
THE vessels of both the High Contracting Parties being allowed in time of peace to sail and call at any of the open ports for the purpose of commerce, shall, in case either of the High Contracting Parties should be at war with any foreign nation whatever, and should for that cause exclude the vessels of such nation from entering her ports, however, be entitled not the less to continue to pursue their commerce in freedom and security and to transport goods to and from the ports of the belligerent Powers, full respect being paid to the neutrality of the flag in strict compliance with the usages of neutrality, provided that the said neutral flag shall not protect vessels engaged in the transportation of officers or soldiers, nor shall the said flag be fraudulently used to enable the enemy's ships with their cargoes to enter the ports of this High Contracting Power; all such vessels so offending shall be subject to forfeiture and confiscation by the party offended.
[1844 dd—2)
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