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[This Document is the Property of His Britannic Majesty's Government.]`.

AFFAIRS OF CHINA,

CONFIDENTIAL.

[April 20.]

Map

C O 15575

67

SECTION 23 MAY 10

[14762]

No. 1.

(No. 77.) Sir,

Mr. Max Müller to Sir Edward Grey.-(Received April 30.)

Peking, March 11, 1910. WITH reference to my despatch No. 269 of the 26th July, 1906, reporting the formal protest addressed to the Wai-wu Pu by the Russian Minister against the Provisional Trade Regulations for the navigation of the Sungari River, I have the honour to forward herewith copy of a despatch which I have received from the acting consul at Harbin, relating to the formation of a Russo-Chinese Commission to consider these regulations.

It would appear that the opinion expressed by the Commissioner of Customs at Harbin, as reported in my subsequent despatch No. 331 of the 14th September, to the effect that the question has been practically settled, was unfortunately premature.

Copies of the printed enclosures in Mr. Sly's despatch have been already supplied to you, but one copy of each is enclosed herewith for convenience of reference.*

I have, &c.

W. G. MAX MÜLLER.

Enclosure in No. 1.

(No. 4.) Sir,

Acting Consul Sly to Sir J. Jordan,

Harbin, March 1, 1910. I HAVE the honour to report to you in regard to a Russo-Chinese Commission formed to consider the "Provisional Trade Sungari Regulations" published by the Imperial Maritime Customs on the 26th June, 1909. The members of the commission

are:

Russia-M. Latkin, Chief of the Russian customs for the Priamur district. Prince Dolgorookoff, Chief of the Amur Navigation Department. M. Daniel, Chief of the Chiao Shê Chu, of the Chinese Eastern

Railway.

M. Kabalinski, Chief of the Commercial Department of the Chinese

Eastern Railway.

M. Weber, Chief of the Shipping Department of the Chinese

Eastern Railway; and

China-Taotai Sze, Superintendent of Customs at Harbin.

Mr. N. A. Konovaloff, Commissioner of Customs at Harbin.

The commission, the sittings of which have been interrupted by the intervention of the Russian and China new year holidays, is, I understand, the direct result of the issue by China of the above-mentioned regulations without previous consultation with the Russian authorities, and in defiance, so the latter claim, of the special privileges accorded to Russia under the Aigun treaty of 1858. Article 1 of this treaty, which is confirmed by article 18 of the treaty between Russia and China of 1881, says that "la navigation de l'Amour, du Soungari et de l'Oussouri n'est permise qu'aux bâtiments des empires Ta-Tsing et de la Russie; la navigation de ces rivières sera interdite aux bâtiments de tout autre État." Article 18 of the treaty of 1881 concludes with the statement that "les deux Gouvernements procéderont à établissement d'une entente concernant le mode d'application des dites stipulations." In other words, according to these two articles, the subjects of Russia enjoy, as foreigners, the exclusive right to navigate the Amur, Sunggari, and Ussuri rivers, and the manner in which effect

* Already printed.

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