19
it has been suggested that China would not thereby
become bound to grant similar privileges to the vessels
of other nations which are entitled to most-favoured-nation
treatment under their treaties except as regards those
countries which like Hongkong would be in a position to
give the Chinese some quid pro quo, namely, France and
Portugal to whom belong the ports of Kwangchouwan and
Macdao. This contention does not appear to be sound.
country which enjoys the right to most-favoured-nation
treatment is entitled (unless there is any stipulation to the
contrary) to claim such treatment even though it cannot
grant anything in return. In the case of Japan in particular
the provisions of article IX of the Sino Japanese Treaty
Any
of 1903 according most-favoured-nation treatment are so wide
and so clearly expressed that there can be no possible doubt
on the point.
4. Any benefits which China may extend under article V
of the proposed agreement to British vessels would also have
to be extended to the vessels of other countries entitled
under their treaties with China to mest-favoured-nation
treatment, but such benefits would of course only relate to
what is actually contemplated by article V of the agreement,
viz. trade between Hongkong and the Chinese inland waters and to vessels registered for Chinese inland water navigation.
China would not be bound to extend these privileges to
Japanese non-registered vessels, or to Japanese registered vessels trading, for example, between the inland waters of
China and a foreign port such as Nagasaki where no office
of