CO129-338 - Public Offices & Others - 1906 — Page 37

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Sir,

Inclosure 6 in No. 1.

Consul Fulford to Kuan Tu Laoyeh.

Newchwang, May 9, 1906. I RECEIVED to-day your despatch sending me a title-deed for the land bought by the British merchant Wilson from the Chinese subject Liu Hung Chun.

I find that the new Regulations now arranged appear to mention Chinese land- holders only, and not to be applicable to foreign merchants. I am therefore unable to agree to them, and return you herewith the title-deed. I should be obliged if you would stamp the deed of transfer, and levy duty in accordance with the practice hitherto prevailing.

With regard to the indorsement on the deed "should China construct a railroad, or road, or have other need of this land for public purposes, the Chinese Government must be permitted to buy it on the same terms as adjoining Chinese-owned land," I beg to observe that an Agreement between our respective Governments is necessary before such an indorsement can be accepted. On receipt of your former communication on this subject I submitted the question for the consideration of His Majesty's Minister at Peking, and I am awaiting his instructions.

In the meantime I have the honour to send you this reply.

(Translation.) Sir,

I have, &c. (Signed)

H. E. FULFORD.

Inclosure 7 in No. 1.

Kuan Ta Laoyeh to Consul Fulford.

Kuang Hsü, 32nd 4th

year, moon, 24th day I HAVE the honour to reply to your despatch (His Majesty's Consul's despatch

(May 17, 1906). of the 9th May quoted in full).

I beg to observe that the charge for registering land-deeds has been subject to new Regulations, for which the Governor-General of Mukden has received the sanction of the Throne. I have accordingly considered it right that Chinese and foreign merchants should be treated alike. It would not be proper to have two modes of procedure, and without instructions from my higher authorities I cannot alter the new Regulations.

As to the indorsement on the deed with regard to constructing railways or roads or other public uses, general instructions from the Wai-wu Pu have been received; but as you inform me you have submitted the question to His Majesty's Minister I shall, of course, retain for the present the title-deed ("hu kuan") which has been made out, and await your further communication before taking action.

Sir,

It is my duty to send you this reply.

(Seal of Hai Cheng Magistrate.)

Inclosure S in No. 1.

Consul Fulford to Governor-General Chao.

Newchwang, May 23, 1906.

I HAVE the honour to inform you that there is an established practice at this port in the case of perpetual leases of land by British merchants as regards the stamping of the title-deeds and the payment of duty.

I have lately received several despatches from the Hai Cheng Magistrate with regard to the new Regulations, to which I cannot assent, spondence for your inspection, and would beg you to instruct the Magistrate that he I am inclosing copies of the corre-

should in future, in cases of perpetual leases of land by British merchants at this port, stamp the deeds and levy duty in accordance with the established precedent.

I have, &c. (Signed)

(Translation.) Sir,

Inclosure 9 in No. 1.

Shanhaikwan Taotoi Liang to Consul Fulford.

H. E. FULFORD,

Kuang Hsü, 32nd year, 4th int. moon, 21st day (June 12, 1906).

I HAVE the honour to inform you that on the 8th instant I received instructions from the Tartar General of Mukden as follows:-

"The Treasury and Board of Foreign Affairs report as follows:--

"On the 30th May we received your Excellency's instructions which read- "On the 26th May I received a despatch from the British Consul at Newchwang as follows:---

"I have the honour to inform you that there is an established practice at this port in the case of perpetual leases of land by British merchants as regards the stamping of the title-deeds and the payment of duty. I have lately received several despatches from the Hai Cheng Magistrate with regard to new Regulations, to which I cannot assent. I am inclosing copies of the correspondence for your inspection, and would beg you to instruct the Magistrate that he should in future, in cases of perpetual leases of land by British merchants at this port, stamp the deeds and levy duty in accordance with the established precedent.

"I have to send you a copy of the British Consul's despatch and instruct you (the Treasury) to consider the matter in conjunction with the Board of Foreign Affairs and report to me, for my consideration, that a reply may be made to the Consul.

"On receipt of these instructions we immediately held conference together. We have the honour to observe that the new Regulations as to the duty on land-deeds, to the effect that in land or house sales among the people, the parties must go to the officials and pay duty, and that in all cases a deed called a "hu kuan" will be given to the owner to hold in exchange for the deed of transfer, which will be pasted on to the counterfoil of the "hu kuan" and kept for record by the official, were designed to prevent false statements of prices, evasion of duty, several deeds for the same land, false pretences, and malpractices. If the snojects of other nations rent land in perpetuity in China, the case is naturally different from that of land transactions among Chinese subjects. Moreover, the previous practice has been that the Customs Taotai should affix his seal to and levy duty on such deeds. The matter did not concern the registra- tion of deeds by the Magistrate. As the British Consul now requests that deeds he stamped and duty levied in accordance with the established precedent, it seems that the matter might be left for the consideration and action of the Customs Taotai's Yamên, but the Treaties and Regulations of the various nations only permit missionaries to buy land for the erection of mission premises outside the concessions. Apart from this, the merchants and subjects of foreign nations are not allowed to acquire land or houses outside Concession limits. In the present case the Concession at Yingkow has not been defined. San Chia Tzu village is more than 15 i from Yingkow, and whether in the future it can be included in the Concession cannot at present be decided. We are of opinion that the British merchant, Wilson, committed a breach of Treaty when he perpetually rented this land from the Chinese subject Lin Hung-chun before the defini- tion of a concession, and that the definition of a concession must be awaited when action can be taken according to Regulation. It would not be right to stamp and levy duty on this deed of perpetual lease now drawn up, and so create complications.

"We submit this Report for your Excelleney's consideration, and suggest that orders be given to the Customs Taotai to address the British Consul for his information and action. This Report is drawn up by the Treasury.

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Having received this Report, the Viceroy, indorsed it as follows :--

"I have perused your Report. The Shanhaikwan Taotai will be instructed to write to the British Consul for his information and action, and the Hai Cheng Magistrate will be instructed accordingly. The Report is stamped and issued and the proper

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