Chinese Government to postpone the operation of the Regulations, and thereupon to issue the necessary orders, so that all misunderstanding may be removed.
On the question as to the Chinese authority that is to have the control of the Code and the Regulations, it appears to be provided that the Chinese Board of Commerce is to act in this capacity. As it is, however, also provided that the Custom-houses at Shanghae and Tien-tsin are to be erected branch offices of registration, it is inferred by the Board of Directors of this Chamber that, as most of the goods bearing trade marks will be of non-Chinese origin, the control of such trade marks will be in the hands of the Department of Maritime Customs, since the goods will come under the surveillance of this Department at the port of entry.
Will your Lordship be so good as to cause inquiries to be made as to whether this inference is correct.
I have, &c. (Signed)
WALTER SPEAKMAN,
Assistant Secretary.
(This Document is the Property of His Britannic Majesty's Government.)
CHINA TRADE.
CONFIDENTIAL.
No. 1.
704
[November 5.]
SECTION 2.
Sir E. Satow to the Marquess of Lansdowne.--(Received November 5.)
(No. 334.) My Lord,
Peking, September 17, 1904. IN my despatches Nos. 219 of the 16th June and 229 of the 27th June I forwarded to your Lordship translation of a note which I, equally with my colleagues, had received from the Chinese Government, proposing to take upon themselves the whole burden of the cost and execution of the works necessary for the improvement of the water approaches to Shanghae, together with a copy of my reply to Prince Ch'ing, objecting to the proposal to provide the necessary funds out of the Customs revenue, which, I pointed out, was already pledged for other purposes. This note was framed after consultation with my German and United States' colleagues. The latter strongly held the view that the Powers should not discuss any proposal whatever until China carried out the provisions of the river conservancy scheme so far as to appoint the Delegate, whose nomination they had so far evaded. He was very doubtful whether the present proposals were put forward in good faith. However, on his telegraphing the matter to Washington, he received instructions that the United States' Government would accept the Chinese proposal, provided that guarantees were given for the immediate commencement and satisfactory completion of the works.
This reply having been communicated to the Chinese Government, produced from them an intimation that they would provide the necessary expenditure, estimated at 460,000 taels per annum for twenty years, on the security of the opium revenue of the Provinces of Szechuan and Kiangsu. The United States' Government then again telegraphed that a detailed plan must be submitted to the foreign Representatives, the execution and maintenance being provided for by some form of bond security. If this were done without loss of time, the United States' Government would consent to waive temporarily their rights under the Protocol, which would, however, revive if the works I have the honour to inclose were not carried out in a prompt and satisfactory manner. copy of the note which my United States' colleague addressed to Prince Ching on this occasion.
Under the circumstances, it seemed to me that it would be useless to persevere in the endeavour to put pressure on the Chinese Government in order to secure the appointment of their Delegate to the Board, and I therefore suggested to your Lordship that we should join in the course adopted by the United States.
Your Lordship's approval having reached me, I at once conferred with my American colleague as to the conditions which would be likely to prove satisfactory, and I have now the honour to inclose copy of a note to Prince Ching, in which I have sketched such an Agreement as might serve in place of the stipulations of the Protocol.
The first four clauses of the new Protocol proposed in my note are almost identical in wording with the conditions mentioned in Prince Ching's note of the 9th June (inclosure in my despatch No. 219 of the 16th June), with the additional proviso, suggested to me by my United States' colleague, that the name of the engineer to be appointed to plan and carry out the works shall be approved by a majority of the foreign Representatives. Clauses 5 to 9 are taken from Annex 17 to the Protocol of 1901. They confer on the new Conservancy authority, consisting of the Taotai and Commissioner of Customs, the necessary powers for restraining encroachment by riparian owners on the bed of the river, for the acquisition of land required for the works, and for the disposal of land reclaimed from the river, while clause 10 declares that the Chinese Government will bear the whole cost of the works.
Clause 11 provides security for the punctual fulfilment of the obligations undertaken by China in the shape of twenty bonds for 460,000 taels, maturing at intervals of twelve months, which will be delivered up for cancellation to the Chinese Government as the work proceeds, and clause 12 provides for the case of the Chinese Government not carrying out the undertaking into which they have offered to enter.
My German colleague having been absent at the seaside during the past two months, I have been precluded from consulting him, but I cherish the hope that he will not find anything in these proposals which will conflict with German interests.
}
2
Chinese Government to postpone the operation of the Regulations, and thereupon to issue the necessary orders, so that all misunderstanding may be removed.
On the question as to the Chinese authority that is to have the control of the Code and the Regulations, it appears to be provided that the Chinese Board of Commerce is to act in this capacity. As it is, however, also provided that the Custom-houses at Shanghae and Tien-tsin are to be erected branch offices of registration, it is inferred by the Board of Directors of this Chamber that, as most of the goods bearing trade marks will be of non-Chinese origin, the control of such trade marks will be in the hands of the Department of Maritime Customs, since the goods will come under the surveillance of this Department at the port of entry.
Will your Lordship be so good as to canse inquiries to be made as to whether this inference is correct.
I have, &c. (Signed)
WALTER SPEAKMAN,
Assistant Secretary.
:
:
(This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
No. 1.
704
[November 5.]
SECTION 2.
Sir E. Satow to the Marquess of Lansdowne.--(Received November 5.)
(No. 334.) My Lord,
Peking, September 17, 1904. IN my despatches Nos. 219 of the 16th June and 229 of the 27th June I forwarded to your Lordship translation of a note which I, equally with my colleagues, bad received from the Chinese Government, proposing to take upon themselves the whole burden of the cost and execution of the works necessary for the improvement of the water approaches to Shanghae, together with a copy of my reply to Prince Ch'ing, objecting to the proposal to provide the necessary funds out of the Customs revenue, which, I pointed out, was already pledged for other purposes. This note was framed after consultation with my German and United States' colleagues. The latter strongly held the view that the Powers should not discuss any proposal whatever until China carried out the provisions of the river conservancy scheme so far as to appoint the Delegate, whose nomination they had so far evaded. He was very doubtful whether the present proposals were put forward in good faith. However, on his telegraphing the matter to Washington, he received instructions that the United States' Government would accept the Chinese proposal, provided that guarantees were given for the immediate commencement and satisfactory completion of the works.
This reply having been communicated to the Chinese Government, produced from them an intimation that they would provide the necessary expenditure, estimated at 460,000 taels per annum for twenty years, on the security of the opium revenue of the Provinces of Szechuan and Kiangsu. The United States' Government then again telegraphed that a detailed plan must be submitted to the foreign Representatives, the execution and maintenance being provided for by some form of bond security. If this were done without loss of time, the United States' Government would consent to waive temporarily their rights under the Protocol, which would, however, revive if the works I have the honour to inclose were not carried out in a prompt and satisfactory mauner. copy of the note which my United States' colleague addressed to Prince Ching on this occasion.
Under the circumstances, it seemed to me that it would be useless to persevere in the endeavour to put pressure on the Chinese Government in order to secure the appointment of their Delegate to the Board, and I therefore suggested to your Lordship that we should join in the course adopted by the United States.
Your Lordship's approval having reached me, I at once conferred with my American colleague as to the conditions which would be likely to prove satisfactory, and I have now the honour to inclose copy of a note to Prince Ching, in which I have sketched such an Agreement as might serve in place of the stipulations of the Protocol.
The first four clauses of the new Protocol proposed in my note are almost identical in wording with the conditions mentioned in Prince Ching's note of the 9th June (inclosure in my despatch No. 219 of the 16th June), with the additional proviso, suggested to me
my
United States' colleague, that the name of the engineer to be appointed to plan and carry out the works shall be approved by a majority of the foreign Representatives. Clauses 5 to 9 are taken from Annex 17 to the Protocol of 1901. They confer on the new Conservancy authority, consisting of the Taotai and Commissioner of Customs, the necessary powers for restraining encroachment by riparian owners on the bed of the river, for the acquisition of land required for the works, and for the disposal of land reclaimed from the river, while clause 10 declares that the Chinese Government will bear the whole cost of the works.
Clause 11 provides security for the punctual fulfilment of the obligations undertaken by China in the shape of twenty bonds for 460,000 taels, maturing at intervals of twelve months, which will be delivered up for cancellation to the Chinese Governinent as the work proceeds, and clause 12 provides for the case of the Chinese Government not carrying out the undertaking into which they have offered to enter.
My German colleague having been absent at the seaside during the past two months, I have been precluded from cousulting him, but I cherish the hope that he will not find anything in these proposals which will conflict with German interests.
(2236 e-2]
No comments yet.
Private notes are available after approval.