CO129-008 - Foreign Office - 1844 — Page 90

# ARTICLE XIII.

All, whether natives of China or otherwise, who may wish to convey persons, goods from any one of the five ports of Canton, Foochowfoo, Amoy, Ningpo, and Shanghai, to Hong-Kong, for sale or consumption, shall be at full and perfect liberty to do so, on paying the duties on such goods, and obtaining a pass, or port clearance, from the Chinese Custom-house at one of the said ports. Should natives of China wish to repair to Hong-Kong to purchase goods, they shall have free and full permission to do so; and should they require a Chinese vessel to carry away their purchases, they must obtain a pass, or port-clearance, for her at the Custom-house of the port whence the vessel may sail for Hong-Kong. It is further settled, that in all cases these passes are to be returned to the officers of the Chinese Government, as soon as the trip for which they may be granted shall be completed.

# ARTICLE XIV.

An English officer will be appointed at Hong-Kong, one part of whose duty will be to examine the registers and passes of all Chinese vessels that may repair to that port to buy or sell goods; and should such officer at any time find that any Chinese merchant-vessel has not a pass, or register, from one of the five ports, she is to be considered as an unauthorized or smuggling vessel, and is not to be allowed to trade, whilst a report of the circumstance is to be made to the Chinese Authorities. By this arrangement, it is to be hoped that piracy and illegal traffic will be effectually prevented.

# ARTICLE XV.

Should natives of China who may repair to Hong-Kong to trade, incur debts there, the recovery of such debts must be arranged for by the English Courts of Justice on the spot; but if the Chinese debtor shall abscond and be known to have property, real or personal, within the Chinese territory, the rule laid down in the fourth clause of the General Regulations for Trade shall be applied to the case; and it will be the duty of the Chinese Authorities, on application by, and in concert with, the British Consuls, to do their utmost to see justice done between the parties. On the same principle, should a British merchant incur debts at any of the five ports, and fly to Hong-Kong, the British Authorities will, on receiving an application from the Chinese Government officers, accompanied by statements and full proofs of the debts, institute an investigation into the claims, and, when established, oblige the defaulter or debtor to settle them to the utmost of his means.

# ARTICLE XVI.

It is agreed, that the Custom-house officers at the five ports shall make a monthly return to Canton, of the passes granted to vessels proceeding to Hong-Kong, together with the nature of their cargoes; and a copy of these returns will be embodied in one return, and communicated once a-month to the proper English officer at Hong-Kong. The said English officer will, on his part, make a similar return or communication to the Chinese Authorities at Canton, showing the names of Chinese vessels arrived at Hong-Kong, or departed from that port, with the nature of their cargoes; and the Canton Authorities will apprize the Custom-houses at the five ports, in order that, by these arrangements and precautions, all clandestine and illegal trade, under the cover of passes, may be averted.

# XVII, OR ADDITIONAL ARTICLE.

Relating to British Small Craft.

Various small vessels belonging to the English nation, called schooners, cutters, lorchas, &c., &c., have not hitherto been chargeable with tonnage dues.

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It is now agreed, in relation to this class of vessels which ply between Hong-Kong and the city, and the city and Macao, that if they only carry passengers, letters, and baggage, they shall, as heretofore, pay no tonnage dues; but if these small craft carry any dutiable articles, no matter how small the quantity may be, they ought, in principle, to pay their full tonnage dues. But this class of small craft are not like the large ships which are engaged in foreign trade; they are constantly coming and going; they make several trips a month, and are not like the large foreign ships, which, on entering the port, cast anchor at Whampoa. If we were to place them on the same footing as the large foreign ships, the charge would fall unequally; therefore after this, the smallest of these craft shall be rated at 75 tons, and the largest not to exceed 150 tons; whenever they enter the port (or leave the port with cargo) they shall pay tonnage dues at the rate of one mace per ton register. If not so large as 75 tons, they shall still be considered and charged as of 75 tons; and if they exceed 150 tons, they shall be considered as large foreign ships, and, like them, charged tonnage dues, at the rate of five mace per register ton. Foochow and the other ports having none of this kind of intercourse, and none of this kind of small craft, it would be unnecessary to make any arrangement as regards them.

The following are the rules by which they are to be regulated: 1st. Every British schooner, cutter, lorcha, &c., shall have a sailing letter or register in Chinese and English, under the seal and signature of the Chief Superintendent of Trade, describing her appearance, burthen, &c., &c.

2nd. Every schooner, lorcha, and such vessel, shall report herself, as large vessels are required to do, at the Bocca Tigris; and when she carries cargo, she shall also report herself at Whampoa, and shall, on reaching Canton, deliver her sailing letter or register to the British Consul, who will obtain permission from the Hoppo for her to discharge her cargo, which she is not to do without such permission, under the forfeiture of the penalties laid down in the 3rd clause of the General Regulations of Trade.

3rd. When the inward cargo is discharged, and an outward one (if intended) taken on board, and the duties on both arranged and paid, the Consul will restore the register or sailing letter, and allow the vessel to depart.

This Supplementary Treaty, to be attached to the original Treaty of Peace, consisting of sixteen Articles, and one additional Article relating to small vessels, is now written out, forming, with its accompaniments, four pamphlets, and is formally signed and sealed by their Excellencies the British Plenipotentiary, and the Chinese Imperial Commissioner, who, in the first instance, take two copies each, and exchange them, that their provisions may be immediately carried into effect. At the same time, each of these high functionaries, having taken his two copies, shall duly memorialize the Sovereign of his nation; but the two countries are differently situated as respects distance, so that the will of the one Sovereign can be known sooner than the will of the other. It is now therefore agreed, that on receiving the gracious Assent of the Emperor in the Vermilion Pencil, the Imperial Commissioner will deliver the very document containing it into the hands of his Excellency Hwang, Judge of Canton, who will proceed to such place as the Plenipotentiary may appoint, and deliver it to the English Plenipotentiary, to have and to hold. Afterwards, the Sign Manual of the Sovereign of England having been received at Hong-Kong, likewise graciously assenting to and confirming the Treaty, the English Plenipotentiary will despatch a specially appointed officer to Canton, who will deliver the copy containing the Royal Sign Manual to his Excellency Hwang, who will forward it to the Imperial Commissioner, as a rule and a guide to both nations for ever, and as a solemn confirmation of our Peace and Friendship.

A most important Supplementary Treaty.

Signed and sealed at Hoomun-Chae, on the Eighth day of October, 1843, corresponding with the Chinese date of the Fifteenth day of the Eighth moon, of the 23rd year of Taoukwang,

(L.S.)

HENRY POTTINGER.

Seal and Signature of the

Chinese Plenipotentiary.

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