CO129-314 - Public Offices - 1902 — Page 444

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

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obstruction to the movement of goods, or other cause of complaint, the Governor-General or Governor concerned will take immediate steps to put an end to same.

Sec. 11. Cases where illegal action as described in this Article is complained of shall be promptly investigated by an officer of the Chinese Government of sufficient high rank, in conjunction with a British officer and an officer of the Imperial Maritime Customs, each of sufficient standing; and in the event of its being found by a majority of the investigating officers that the complaint is well founded, and loss has been incurred, due compensation is to be at once paid from the Surtax funds, through the Imperial Maritime Customs at the nearest open port. The High Provincial Officials are to be held responsible that the officer guilty of the illegal action shall be severely punished and removed from his post.

If the complaint turns out to be without foundation, complainant shall be held responsible for the expenses of the investigation.

His Britannic Majesty's Minister will have the right to demand investigation where, from the evidence before him, he is satisfied that illegal exactions or obstructions have occurred.

Sec. 12. The Chinese Government agree to open to foreign trade, on the same. footing as the places opened to foreign trade by the Treaties of Nanking and Tien-tsin,. the following places, namely:-

Changsha, in Hunan;

Wanhsien, in Szechuen;

Nganking, in Anhui;

Walchow (Hui-chow), in Kuangtung; and

Kougmoon (Chiang-mên), in Kuangtung.

Foreigners residing in these Open Ports are to observe the Municipal and Police Regulations on the same footing as Chinese residents, and they are not to be cutitled to establish Municipalities and Police of their own within the limits of these Treaty ports, except with the consent of the Chinese authorities.

If this Article does not come into operation, the right to demand under it the opening of these ports, with the exception of Kongmoon, which is provided for in Article X, shall lapse.

Sec. 13. Subject to the provisions of Section 14, the arrangements provided for in this Article are to come into force on the 1st January, 1904.

By that date all li-kin barriers shall be removed, and officials employed in the collection of taxes and dues prohibited by this Article shall be removed from their posts.

Sec. 14. The condition on which the Chinese Government enter into the present engagement is that all Powers entitled to most-favoured-nation treatment in China enter into the same engagements as Great Britain with regard to the payment of surtaxes and other obligations imposed by this Article on His Britannic Majesty's Government and subjects.

The conditions on which His Britannic Majesty's Government enter into the present engagement are----

(1) That all Powers who are now or who may hereafter become entitled to most- favoured-nation treatment in China enter into the same engagements;

(2.) And that their assent is neither directly nor indirectly made dependent on the granting hy China of any political concession, or of any exclusive commercial

concession.

Section 15. Should the Powers entitled to most-favoured-nation treatment by China have failed to agree to enter into the engagements undertaken by Great Britain under this Article by the 1st January, 1904, then the provisions of the Article shall only come into force when all the Powers have signified their acceptance of these engagements.

Section 16. When the abolition of li-kin and other forms of internal taxation on goods as provided for in this Article has been decided upon and sanctioned, an Imperial Edict shall be published in due form on yellow paper and circulated, setting forth the abolition of all li-kin taxation, li-kin barriers and all descriptions of internal taxation on goods, except as provided for in this Article.

The Edict shall state that the Provincial High Officials are responsible that any official disregarding the letter or spirit of its injunction shall be severely punished and removed from his post.

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ARTICLE IX.

The Chinese Government, recognizing that it is advantageous for the country to its mineral resources, and that it is desirable to attract foreign as well as Chinese to embark in mining enterprises, agree within one year from the signing of this to initiate and conclude the revision of the existing Mining Regulations. China ith all expedition and earnestness, go into the whole question of Mining Rules, electing from the rules of Great Britain, India, and other countries regulations scem applicable to the condition of China, she will recast her present Mining in such a way as, while promoting the interests of Chinese subjects and not in any way the sovereign rights of China, shall offer no impediment to the tion of foreign capital or place foreign capitalists at a greater disadvantage than would be under generally-accepted foreign Regulations.

Any mining concession granted after the publication of these new Rules shall be

to their provisions.

ARTICLE X.

Whereas in the year 1898 the Inland Waters of China were opened to all such steam , native or foreign, as might be especially registered for that trade at the Treaty and whereas the Regulations dated the 28th July, 1898, and Supplementary dated September 1898, have been found in some respects inconvenient in ng, it is now mutually agreed to amend them and to annex such new Rules

Treaty. These Rules shall remain in force until altered by mutual consent.

It is further agreed that Kongmoon shall be opened as a Treaty Port, and that, in on to the places named in the special Article of the Burmah Convention of the February, 1897, British steamers shall be allowed to land or ship cargo and pas- s, under the same regulations as apply to the "Ports of Call' on the Yang-tsze at the following "Ports of Call: Pak Tau Hau (Pai-t'n kou), Lo Ting Han ng k'ou), and Do Sing (Tou-ch'ông); and to land or discharge passengers at the ing ten passenger landing stages on the West River -Yung Ki (Jung-chi), Mah la-ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Hou-li), Luk Pu (Lu-pu), Yuet Sing (Yüeh-ch'eng), Luk To (Lu-tn), and Fung

(Feng-ch'uan).

ARTICLE XI.

His Britannic Majesty's Government agree to the prohibition of the general impor- of morphia into China, on condition, however, that the Chinese Government Fow of its importation, on payment of the Tariff import duty and under special it, by duly qualified British medical practitioners and for the use of hospitals, British chemists and druggists who shall only be permitted to sell it in small ities and on receipt of a requisition signed by a duly qualified foreign medical itioner.

The special permits above referred to will be granted to an intending importer on gning a bond before a British Consul guaranteeing the fulfilment of these itions.

Should an importer be found guilty before a British Consul of a breach of Band, he will not be entitled to take out another permit. Any British subject

ting morphia without a permit shall be liable to have such morphia confiscated. This Article will come into operation on all other Treaty Powers agreeing to its itions, but any morphia actually shipped before that date will not be affected by prohibition.

The Chinese Government, on their side, undertake to adopt measures at once to ent the manufacture of morphia in China.

ARTICLE XII,

China having expressed a strong desire to reform her judicial system and to bring to accord with that of Western nations, Great Britain agrees to give every ance to such reform, and she will also be prepared to relinquish her extra-territorial

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