CO129-088 - Acting Governor Mercer - 1862 [10-12] — Page 88

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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shall have to show it at the places through which he passes whenever he is re- quired to do so, and it being found in order, no one shall prevent him from hiring boats or coolies for the conveyance of his baggage or merchandize. Should a trav- eller be found without a passport, or if he commits any offence against the law, he shall be given over to the nearest Consul to be punished, nor shall other re- pressive measure be taken against him.

Passports are not necessary to individuals travelling in the neighbourhood of any of the ports open to commerce, within the distance of 100 lees [12 leagues] or within five days journey.

The stipulations of this article do not refer to the crews of Portuguese ships, because the Consuls and the local Authorities will provide proper regulations for them.

Passports will not be granted for Nanking or any other cities which may be in revolt against the Government until after said cities shall have been retaken.

ARTICLE XIII

Whenever a Portuguese subject intends to build or open houses, stores, churches, hospitals, or cemeteries, at the ports or at other places, the title deed or lease of these properties will have to be made out according to the terms mostly in use among the people, with equity, and without payment of any impost what- soever at any of the places. It is understood, however, that such stores are only permitted to be at the ports open to commerce.

ARTICLE XIV.

Portuguese subjects are permitted to charter any description of boats they may want for the conveyance of cargo or passengers, and the price of said charter will be fixed by the contracting parties alone, without interference of the Chinese Government.

No limit is put to the number of boats, neither will it be permitted to any one to monopolize them; nor the services of coolies employed in the carriage of merchandize.

Should contraband articles be shipped on board of any of the boats the guilty parties shall immediately be punished according to the laws.

ARTICLE XV.

All disputes arising between Portuguese subjects, with regard to rights, either of property or personal, will be submitted to the jurisdiction of the Portuguese authorities.

ARTICLE XVI.

All chinese subjects who may become guilty of whatever criminal act towards Portuguese subjects, shall be imprisoned and punished by the Chinese authorities, according to the laws of China, such acts being previously reported by the Portuguese authorities.

Portuguese subjects guilty of whatever crime in China shall be tried by the Consul, or by another Portuguese public functionary authorized for so doing, ac- cording to the laws of Portugal, with previous notice from the Chinese authorities.

ARTICLE XVII.

All Portuguese subjects who may have suffered offence from a chinaman, shall lay his complaint before the Consul, who will take due cognizance of the case and will use all his efforts to settle it amicably. Likewise, when a Chinese subject shall have occasion to complain of a Portuguese, the Consul will listen to his complaint and will do what he possibly can to restablish harmony between the two parties. If, however, the dispute be of such nature that it cannot be settled in that way, the Consul will desire the Chinese Authorities to appear at the inquiry of the case, in order to conjointly settle it with equity.

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ARTICLE XVIII

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The Chinese Authorities are bound to grant the fullest protection to the sons and to the property of Portuguese subjects, whenever they may be exposed to insult or wrong,

In case of robbery or fire the local authorities will immediately take the necessary measures to recover the stolen property, to terminate the dis- order, to seize the guilty and bring them to punishinent, according to law.

ARTICLE XIX.

In the event of a Portuguese merchant vessel being plundered by pirates or thieves within Chinese waters, the Chinese authorities are to employ their ut- most exertions to seize and punish the said robbers and to recover the stolen goods, which through the Consul shall be restored to whom they belong.

ARTICLE XX.

If a Portuguese vessel be shipwrecked on the Coast of China, or he compelled to take refuge in any of the ports of the Empire, the Chinese authorities, on re- ceiving notice of the fact, shall provide the necessary protection and assistance, affording prompt and kind treatment to the crews and, if necessary, furnish them the means to reach the nearest Consulate.

ARTICLE XXI.

Chinese criminals seeking refuge in Macao or on board Portuguese ships lying in its harbour, shall be given up to the Chinese authorities, upon their requisition and upon proof of their crime.

In the same manner, all Chinese subjects convicted of crime, who seek an asylum at the house or on board of a ship belonging to a Portuguese subject, at any of the open ports of China, shall not be received or concealed therein, but, on the contrary, shall be given up without delay to the Chinese authorities, on their applying to the Portuguese Consul at the same port.

ARTICLE XXII

If any Chinese subject shall have run into debt to a Portuguese subject and denies its payment, or fraudulently absconds himself from his creditor, the Chinese authorities shall use all their efforts to apprehend him and to compel him to pay the debt being previously proven and the possibility of its payment ascertained. The Portuguese authorities will proceed in the like manner against any Portuguese subject who omits to pay a debt due to any Chinese subject.

ARTICLE XXIII.

Portuguese merchant vessels of more than one hundred and fifty tons burthen will pay tonnage dues at the rate of four mace silver per ton; those of one hundred and fifty tons or less, will pay at the rate of one mace. The Superintendent of the Customs shall grant a certificate declaring that the tonnage dues have been paid.

ARTICLE XXIV. ·

Portuguese subjects shall pay import and export duties on all merchandize according to those specified in the tariff adopted for the other nations; and in no instance shall higher duties be exacted from them than those paid by the subjects of any other foreign nation.

ARTICLE XXV.

Import duties will be considered as due on the landing of the goods; and export duties upon shipping them off.

ARTICLE XXVI.

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Either of the two High Contracting Powers may, at the end of ten years, for a revision of the Tariff or the Commercial articles of this Treaty, with the

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