230
6
2. Any person who does, or attempts to do, any act prohibited by these regula- tions shall be guilty of a breach of the same: and shall, upon conviction, be liable to a fine not exceeding 507, or to imprisonment, with or without hard labour. for a term not exceeding three months, or to both. Provided that in any case where such breach relates to the importation or exportation of any goods the import or export of which is prohibited by article 1 of these regulations the fine imposable upon conviction may extend to a sum equivalent to treble the value of the goods in relation to which the breach is committed.
3. Any goods in relation to which an offence under these regulations has been committed shall be liable to forfeiture, and upon forfeiture shall be disposed of as His Majesty's Minister may direct.
4 Nothing in these regulations shall be deemed to prohibit any transaction authorised by a written licence granted by His Majesty's Minister.
5. These regulations may be cited as The Arms Regulations, 1919.”
Peking, June 2, 1919.
J. N. JORDAN,
His Britannic Majesty's Minister.
Sub-Enclosure 2 to Enclosure 1 in No. 1.
Draft Resolution.
WHEREAS on the 5th May, 1919, and subsequent dates the diplomatic repre- sentatives in Peking of the Powers now in conference at Washington, to wit, the United States of America, Belgium, the British Empire, France, Italy, Japan, the Netherlands and Portugal, together with the diplomatic representatives of Brazil, Denmark, Russia and Spain, took certain steps to restrict the importation into China of arms and munitions of war and material destined exclusively for their manufac- ture until the establishment of a Government whose authority was recognised throughout the whole country;
And whereas since the above date until the present day the Powers concerned have exerted themselves to maintain this policy of withholding the supply of arms and munitions from all parties in China;
And whereas, nevertheless, unsettled political conditions still continue in China, and a central stable Government has not yet been established;
And whereas the Powers attending this conference consider that any relaxation of their policy, as hitherto followed, would only serve to encourage the continuance of civil strife and to aggravate political discord in China:
It is resolved-
1. That the Powers attending this conference do reaffirm their previous agree- ment, and in pursuance thereof undertake effectively to restrain their subjects and citizens from exporting to or importing into China arms and munitions of war and material destined exclusively for their manufacture until the establishment of a Government whose authority is recognised throughout the whole country, and also to prohibit during the above period the delivery of arms and munitions for which contracts have already been made but not executed.
2. That the Powers attending this conference will forthwith take such steps as may be necessary to render it unlawful for their subjects and citizens, either on their own behalf or on behalf of any other person of whatever nationality, to import into or export out of China, or any concession, settlement or leased territory in China, or buy or sell or deal in, or enter into negotiations for the sale or purchase of, or other dealings in arms, ammunition and munitions of war of every description, but exclusive of sporting weapons and ammunition therefor.
3. And that other Powers in treaty relations with China, but not represented at this conference, whether or not they participated in the above-mentioned steps taken in 1919, be invited to adhere to the present resolution.
Franklin Square Hotel, Washington, D.C.,
January 18, 1922.
7
Enclosure 2 in No. 1.
Sir R. Graham to the Marquess Curzon of Kedleston.
(No. 1042.) My Lord,
Rome, December 28, 1921. ON receipt of your Lordship's telegram No. 511 of the 15th instant, I at once placed myself in communication with my Japanese colleague with a view to a united representation to the Italian Government on the subject of the arms and ammunition sold to the Chinese from the barracks occupied by Italian troops at Chan-Hai-Kouan. My Japanese colleague suggested, and I agreed, that an identic note on this subject should be addressed to the Italian Government by himself, by me and by the United States and French Ambassadors so soon as the two latter had received the necessary instructions from their Governments.
On the 26th instant my Japanese colleague informed me that the United States and French Ambassadors had received their instructions, and he communicated to me the draft of the proposed note to the Italian Government. I agreed in the terms of this note, a copy of which is enclosed herewith, and yesterday it was sent in to the Italian Government.
My United States colleague informs me that he is in his note unable to quote the agreement of the 8th April, 1919, as it is no longer binding upon the United States Government. He is therefore addressing his protest to the Italian Govern- ment without making a reference to the above agreement.
I have. &c.
R. GRAHAM.
Sub-Enclosure to Enclosure 2 in No. 1.
·
Copy of Note verbale sent to Italian Ministry for Foreign Affairs, December 27, 1921.
ON the 8th April, 1919, the five Powers, Italy, Japan, France, the United States of America and Great Britain, realising that the supply of arms by foreign Powers to certain elements in China would only serve to increase the disorder of the already troubled internal situation in that country, decided, at the suggestion of the United States Minister at Peking, to refrain absolutely and entirely from importing arms and ammunition into China until such a time as a Government should be established whose authority would be recognised throughout the country. They further agreed to forbid the importation of arms and ammunition, contracts for the delivery of which had already been made but not carried out. In view of this decision, the Diplomatic Corps at Peking met on the 26th April, 1919, again at the suggestion of the United States Minister, and arrived at a general agreement in the same To this agreement the Italian Minister adhered, after seeking instructions from his Government, merely formulating reserves in respect of contracts which had been or should be concluded before all the interested States had given their adhesion. But the Royal Italian Ministry for Foreign Affairs shortly afterwards withdrew these reserves at the request of the Japanese Chargé d'Affaires in Rome, the principle of forbidding the supply of arms to China thus being definitely established.
sense.
As, however, it was established that in the course of last year a certain quantity of arms had been imported from Italy into China, the Italian Minister at Peking furnished explanations in his note of the 11th July, 1920, addressed to the doyen of the Diplomatic Corps, stating that this importation had been effected without his knowledge, and declaring that he would not grant any authorisation for such transactions before normal conditions had been restored in China.
In spite of this, according to information recently received, a part, that is to say, 80 waggon-loads, of the arms and ammunition, which were kept under guard in the Italian barracks at Chan-Hai-Kouan, has been handed over about the 21st or 22nd November of this year to the Governor of the Province of Tehili. The Japanese Minister at Peking asked for information on the subject, and the Italian Chargé d'Affaires replied that, as he had received no instructions from his Government with regard to the withdrawal of the reserves made on the occasion of the decision of 1919 referred to above, he did not consider himself authorised to regard as forbidden the delivery of arms contracted for before that date.