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I have also the honour to enclose copies of the memorandum which is being addressed by the Diplomatie Body to the Wai-chiao Pu in reply to their note of September last. It will be observed that the heads of missions regret their inability to comply with the proposal of the Wai-chiao Pu, and base that inability on the ground of established usage.
I have, &c.
J. N. JORDAN.
Enclosure 1 in No. 55.
Lu Cheng-hsiang to Sir J. Jordan.
(Translation.) Sir,
September 3, 1912. THE inner and outer cities of Peking are not a port open to trade, and by treaty foreign merchants may not open shops and warehouses there, but since 1900 foreign merchants have, in contravention of the treaty, ventured to open stores and shops in every part. During 1903 the former Wai-wu Pu repeatedly consulted with the foreign representatives in Peking with a view to enforcing the treaty prohibition, and made it clear that none of the shops or warehouses opened before that date would be ordered to be closed, but that, with this exception, no others might be opened.
Now, a careful enquiry shows that foreign merchants during recent years have again without authority opened stores and shops. This is a distinct breach of the former understanding, but inasmuch as these merchants have brought their capital from afar and are carrying on trade under difficult conditions a sudden compulsory cassation of their business might cause them loss and damage, and so some allowance should be made.
It has now been decided that all stores and shops opened by foreign merchants prior to the 9th month of the 1st year of the Republic (September 1912) shall be permitted to carry on business as usual, but they must observe the police regulations on the same footing as Chinese merchants, and will receive the same protection, and in no circumstances may any other stores or shops be opened. In the event of any such being opened in future without authority in defiance of treaty they will be closed immediately so as to comply with treaty provisions.
I have addressed (the various foreign representatives) on this subject, and I now have the honour to request your Excellency for the honour of a reply and to hope that British merchants will be directed to conform with the above.
I have, &c.
Enclosure 2 in No. 55.
(Seal of the Wai-ebiao Pu.)
Memorandum communicated to Wai-chiao Pu.
HIS Majesty's Minister has the honour to acknowledge the receipt of the Wai-chiao Pu's note of the 3rd September, 1912, in which the latter notifies that all shops and stores opened by foreign merchants in Peking prior to the 9th month of the Republic (September 1912) shall be permitted to carry on business as usual, but they must observe the police regulations on the same footing as Chinese merchants, and will receive the same protection, and in no circumstances may any other shops or stores be opened.
In reply, His Majesty's Minister begs to state that, though the city of Peking has never been opened, by virtue of treaty, to foreign trade, it has become the established usage since the Boxer troubles for foreign merchants to reside and carry on business in the inner and outer cities of Peking.
It is observed that there are stipulations in the notes exchanged on the 10th October, 1903, between the commissioners of Japan and China for treaty revision to the effect that after the withdrawal of the foreign troops a place will be designated outside of the inner city of Peking for foreign trade whither foreigners scattered both within and without the city walls shall be required to transfer themselves. No prohibition, however, being expressed, it is inferred from the foregoing that until such designation is made the fact of residence and trade of foreigners is accepted.
It is admitted that during 1903 the former Wai-wu Pu declared that none of the foreign shops or warehouses opened before that date would be ordered to be closed, but
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