11
5. Tax agreements entered into with subjects of His Majesty in their several capacities as individuals, merchants, firms, partnerships or companies, will be duly observed.
ARTICLE 7.
1. The Chinese courts will recognise and, if necessary, secure performance of agreements wherever entered into by subjects of His Majesty with one another or with other foreign nationals or with Chinese citizens for the settlement of civil or commercial controversies by arbitration. The arbitrators selected by the parties in accordance with such agreements may be of any nationality.
2. The arbitration if held in China shall be conducted in accordance with the procedure prescribed by Chinese law.
3. The Chinese courts will not entertain any application or claim, the subject matter of which falls within the scope of such an agreement for arbitra- tion, but will enforce awards made in pursuance of such agreements unless the award is contrary to public order or good morals or is vitiated on other grounds recognised by the general principles of law as understood in modern jurisprudence.
ARTICLE 8.
1. All rights in immovable property held by subjects of His Majesty in China shall be recognised as valid and shall remain undisturbed subject to the exercise of the right of eminent domain by the Chinese Government.
2. The property, whether movable or immovable, of subjects of His Majesty in China shall not be expropriated or requisitioned except for reasons of public interest recognised by the law as such, and only after adequate compensation has been paid.
3. Any dispute regarding the amount of compensation to be paid shall be determined by reference to the competent administrative organ or the competent modern court of justice at the option of the subject of His Majesty concerned in accordance with Chinese law. Where such cases are brought before the modern courts of justice, the provisions of article 2 and article 3 of the present Treaty covering the hearings of cases in which subjects of His Majesty are involved as defendants will apply.
ARTICLE 9.
The public buildings and private residences of subjects of His Majesty in China and their warehouses and business premises and factories, together with all their accessories, articles and properties, shall be respected, and shall not be subjected to any occupation, search or inspection, and the books and corres- pondence relating to their commercial transactions shall not be examined except as specifically provided for in non-discriminatory legislation legally enacted and duly promulgated. Except in cases of flagrante delicto premises occupied by subjects of His Majesty shall not be forcibly entered except upon a warrant formally issued by a modern court of justice specifically stating the legal grounds on which action is authorised.
ARTICLE 10.
Subjects of His Majesty in China shall not be subjected to any form of military service or to any tax or levy imposed as a substitute for military service or to military requisitions or contributions of any kind, nor shall they be liable or compelled to subscribe, directly or indirectly, to any public loan or to any other form of forced levy.
ARTICLE 11.
British commercial vessels in Chinese ports or waters will comply with such non-discriminatory and legally enacted and duly promulgated Chinese regula- tions as are applicable to all commercial vessels. They will not be subjected to any form of commandeering or requisition, nor will they be compelled to carry Chinese troops or Chinese military supplies. Such vessels will not be inspected, searched, boarded or subjected to any kind of restraint by Chinese armed military authority,
[15299]
D
28