[This Document is the Property of His Britannic Majesty's Government.]
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the port of entry, and your Excellency uses this fact as an argument against the imposition of further taxation. But in the same period China's indebtedness for foreign loans and indemnities has similarly reached a figure far greater than it ever was before. Her resources are impoverished, and in contemplating extra taxation she is only doing what any nation frequently has occasion to do, and exercising a sovereign right which is indisputably her own.
To recapitulate our view of this question, the taxation on prepared opium now being inaugurated by various provinces is to be levied on foreign and native opium alike. It is not to be imposed before the packages have been opened, and thus in no way infringes the provisions of the Additional Article to the Chefoo Convention.
If your Excellency can point out any specific case where a particular quantity of native opium is being taxed value for value on a lower scale than foreign opium, this Board will not fail to call upon the provinces to devise equitable systems of taxation, but we cannot demand of them to abandon absolutely the revenues which they have a right to collect, after the Treaty provision regarding the opening of the packages has been satisfied.
I trust, therefore, that your Excellency will telegraph to His Majesty's Government urging them to communicate their views without delay regarding these regulations for the taxation of prepared opium in Canton, in order that we may inform the provincial authorities that they may inaugurate them.
I avail, &c.
CHINA TRADE.
CONFIDENTIAL.
No. 1.
INC[November 216](4
SECTION 4.
Sir E. Egerton to the Marquess of Lansdowne.--(Received November 21.)
(No. 153.)
My Lord,
Madrid, November 11, 1904. WITH reference to your Lordship's despatch No. 103 of the 21st July last, instructing me to inquire whether the Spanish Government would be disposed to conclude with His Majesty's Government an Agreement for the mutual protection of trade-marks in China, similar to the Arrangements which have been concerted between His Majesty's Government and the Governments of France, Germany, and Italy, I have the honour to inclose copy and translation of a note which I have received from the Spanish Minister of State on this question,
Señor San Pedro informs me that the Spanish Government, while agreeing in principle to the proposed Arrangement, cannot enter into any formal Agreement until certain modifications have been carried out in the Regulations for the exercise of jurisdiction of Spanish Consuls in China. In the meantime the Spanish Government would be glad to learn more precisely what are the trade-marks to which the proposed Convention is to apply.
I have, &c.
(Signed) EDWIN H. EGERTON.
Inclosure in No. 1.
Señor San Pedro to Sir E. Egerton.
Madrid, November 4, 1904, I HAD the honour of receiving your Excellency's note of the 1st August, asking the Spanish Government to conclude an Arrangement with that of Great Britain by which the respective Consular Tribunals in China should undertake to institute proceedings against subjects of their own country for falsification of trade-marks to the detriment of subjects of the other contracting Power.
In reply to the above communication I have pleasure in informing your Excellency that the Government of His Catholic Majesty finds the idea of the above-mentioned Agreement acceptable in principle; but it will not be possible for it to enter into the stipulations of the above Agreement until after the reforms, now projected, have been carried out of the Regulations for the exercise of jurisdiction by Spanish Consuls in China, in which Regulations certain modifications have been rendered necessary owing to the fact that they date from as far back as the 18th November, 1854, and are intimately connected with laws and judicial organizations which disappeared with the cessation of Spanish sovereignty over Philippines.
Meanwhile, the Spanish Government would be glad to receive information as to what trade-marks are to enjoy the benefits of the future Agreement. In the notes exchanged on the 3rd and 6th September, 1899, between the Ministers Plenipotentiary of Spain and Great Britain at Tangier, it was stipulated that the Spanish Consular authorities in Morocco should protect English trade-marks properly registered in Spain, and that, reciprocally, the British Consular authorities in that country should protect Spanish trade-marks registered in Great Britain in conformity with "The Patents and Trade-marks Acts, 1883-1888." In the proposal that your Excellency now makes for a similar Agreement with regard to the Chinese Dominions, simply trade-marks are mentioned without specifying where they must be registered; and the Spanish Government would be glad to know for certain the decision of the Cabinet of London on this point, which is of great practical importance.
Requesting your Excellency to forward the above remarks to your Government, I avail, &c.
R. SAN PEDRO.
(Signed)
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[This Document is the Property of His Britannic Majesty's Government.]
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the port of entry, and your Excellency uses this fact as an argument against the imposition of further taxation. But in the same period China's indebtedness for foreign loans and indemnities has similarly reached a figure far greater than it ever was before. Her resources are impoverished, and in contemplating extra taxation she is only doing what any nation frequently has occasion to do, and exercising a sovereign right which is indisputably her own.
To recapitulate our view of this question, the taxation on prepared opium now being inaugurated by various provinces is to be levied on foreign and native opium alike. It is not to be imposed before the packages have been opened, and thus in no way infringes the provisions of the Additional Article to the Chefoo Convention.
If your Excellency can point out any specific case where a particular quantity of native opium in being taxed value for value on a lower scale than foreign opium, this Board will not fail to call upon the provinces to devise equitable systems of taxation, but we cannot demand of them to abandon absolutely the revenues which they have a right to collect, after the Treaty provision regarding the opening of the packages has been satisfied.
I trust, therefore, that your Excellency will telegraph to His Majesty's Government urging them to communicate their views without delay regarding these regulations for the taxation of prepared opium in Canton, in order that we may inform the provincial authorities that they may inaugurate them.
I avail, &c.
CHINA TRADE.
CONFIDENTIAL.
No. 1.
INC [November 216] (4
SECTION 4.
Sir E. Egerton to the Marquess of Lansdowne.--(Received November 21.)
(No. 153.)
My Lord,
Madrid, November 11, 1904. WITH reference to your Lordship's despatch No. 103 of the 21st July last, instructing me to inquire whether the Spanish Government would be disposed to conclude with His Majesty's Government an Agreement for the mutual protection of trade-marks in China, similar to the Arrangements which have been concerted between His Majesty's Government and the Governments of France, Germany, and Italy, I have the honour to inclose copy and translation of a note which I have received from the Spanish Minister of State on this question,
Señor San Pedro informs me that the Spanish Government, while agreeing in principle to the proposed Arrangement, cannot enter into any formal Agreement until certain modifications have been carried out in the Regulations for the exercise of jurisdiction of Spanish Consuls in China. In the meantime the Spanish Government would be glad to learn more precisely what are the trade-marks to which the proposed Convention is to apply.
I have, &c.
(Translation.) Sir,
(Signed) EDWIN H. EGERTON.
Inclosure in No. 1.
Señor San Pedro to Sir E. Egerton.
Madrid, November 4, 1904, I HAD the honour of receiving your Excellency's note of the 1st August, asking the Spanish Government to conclude an Arrangement with that of Great Britain by which the respective Consular Tribunals in China should undertake to institute pro- ceedings against subjects of their own country for falsification of trade-marks to the detriment of subjects of the other contracting Power.
In reply to the above communication I have pleasure in informing your Excellency that the Government of His Catholic Majesty finds the idea of the above- mentioned Agreement acceptable in principle; but it will not be possible for it to enter into the stipulations of the above Agreement until after the reforms, now projected, have been carried out of the Regulations for the exercise of jurisdiction by Spanish Consuls in China, in which Regulations certain modifications have been rendered necessary owing to the fact that they date from as far back as the 18th November, 1854, and are intimately connected with laws and judicial organi- zations which disappeared with the cessation of Spanish sovereignty over Philippines.
the
Meanwhile, the Spanish Government would be glad to receive information as to what trade-marks are to enjoy the benefits of the future Agreement. In the notes exchanged on the 3rd and 6th September, 1899, between the Ministers Plenipo- tentiary of Spain and Great Britain at Tangier, it was stipulated that the. Spanish Consular authorities in Morocco should protect English trade-marks properly registered in Spain, and that, reciprocally, the British Consular authorities in that country should protect Spanish trade-marks registered in Great Britain in conformity with "The Patents and Trade-marks Acts, 1883-1888." In the proposal that your Excellency now makes for a similar Agreement with regard to the Chinese Dominions, simply trade-marks are mentioned without specifying where they must be registered; and the Spanish Government would be glad to know for certain the decision of the Cabinet of London on this point, which is of great practical importance.
Requesting your Excellency to forward the above remarks to your Government, I avail, &c.
R. SAN PEDRO.
(Signed)
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