4
48
12921.
No:383 in 0.9131
Enclosure 2 to No: 383.
Appendix to Eastern 88.
SEA 4.3644
Eski 88
I fear that there is thing in this argument. "practical purposes. bus parties & an can always pement
men to modify it so
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a definite obligation was placed on the Chinese Gover-
ment to do so. To this end he has written his con-
fidential despatch of the 31st of March.
6. The completion of the concession, which had
been in negotiation, was demanded as part of the
reparation to be made by the Chinese for their breach
of faith over the Pekin-Hankow Railway, and this was
agreed to by the Chinese on 6th September, 1896. But
this is not sufficient for Sir F. Lugard's purpose,
The preliminary agreement of 28th March 1899
is doubtless the outcome of the promise made by the
Tsungli-Yamên: and clause 3 provides that "Both
"parties hereto agree to make reciprocal and satis-
"factory working arrangements, such as through cars
"and rates in conjunction with the line of Railway
"from Canton to Hankow, undertaken by His Excellency
"the Director General, Sheng, and the American China
"Development Company, or their representatives".
X
7. This agreement, duly ratified by the Chinese
Emperor, is binding; and has been so acknowledged in
the course of the prolonged negotiations over the Railway Loan Agreement. It follows therefore that
unless anything to the contrary has been arranged in
the Loan Agreement, both parties, i.e., the Chinese
Government who have bought out the American Company
for the Canton Hankow Line, and the Chinese Government,
who are to be the owners of the Chinese section of the
Kowloon Canton Line, must connect the two lines.
There is nothing in the Loan Agreement to prevent this.
I think therefore that strictly by the terms of the thes hi Robison is
that
in assuming
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sigmatries how still a loves standi, they can't do anything. The hardly (even if they wanted to) claim specific perform.
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