British merchants in great expense without conferring upon them adequate protection. My Government is therefore entirely unable to agree to the Regulations in this form, and I can only urge, if the Board of Commerce is sincerely desirous of producing a trade-marks enactment acceptable to the Powers, that the draft Rules prepared by the Ministers of Great Britain, France, and Germany in 1905 should be taken as the basis of negotiation.
I avail, &c. (Signed)
J. N. JORDAN,
[This Document is the Property of His Britannic Majesty's Government]
CHINA TRADE.
CONFIDENTIAL.
466
[January 11.]
SECTION 4.
[1042]
No. 1.
Sir J. Jordan to Sir Edward Grey.-(Received January 11.)
(No. 550.) Sir,
Peking, November 26, 1907. IN continuation of my despatch No. 537 of the 13th instant respecting the Chinese Mining Regulations, I now have the honour to inclose a copy of my note to Prince Ch'ing of the 21st instant objecting to this enactment, on the ground that its provisions are contrary to existing Treaty Rules, and do not constitute in any way a fulfilment of China's pledge, under the Commercial Treaty of 1902, to revise her Mining Laws with a view to attract foreign enterprise.
I understand that similar communications are likely to be addressed to the Chinese Government by several of my colleagues.
I have, &c. (Signed) J. N. JORDAN.
P.S.--At interview yesterday with the Grand Secretary, Na Tung, at the Wai-wu Pu, I asked what the Chinese Government proposed to do in regard to the new Mining Regulations. My view of them had been sufficiently expressed in a recent note, and I need only draw attention to the issue of these Regulations as a further proof of China's unwillingness to utilize foreign capital in the development of the country, in spite of her engagement under Treaty to facilitate its employment.
The Grand Secretary said that he had read my note of the 21st instant, and that the Board were only awaiting the replies of other foreign Representatives before taking the question into detailed consideration.
Peking, November 27, 1908.
J. N. J.
Inclosure in No. 1.
Sir J. Jordan to Prince Ching.
Your Highness,
Peking, November 21, 1907. I HAVE the honour to acknowledge the receipt of your Highness' note of the 14th ultimo, transmitting a copy of the Mining Regulations submitted to the Throne by the Wai-wu Pu and Board of Commerce, and sanctioned by Imperial Rescript.
Owing to the length of this document the work of translation has only been completed within the past few days, and I regret to find, on reading the Regulations, that they offer little inducement to foreign or native capitalists to engage in the development of mines in China. I have formed this opinion, as far as foreign enterprise is concerned, from those sections of the Regulations-for example, sections 4, 10, 49, 60, 61, 62, &c.-which seek to place foreigners under Chinese jurisdiction, and to deprive them of extraterritorial rights. It need scarcely be said that British subjects are not prepared to submit themselves to such conditions, or that His Majesty's Government is not yet satisfied that the state of the Chinese laws warrants her relinquishment of her extraterritorial privileges.
Since the above-mentioned Articles are entirely contrary to the stipulations of existing Treaties, I am at a loss to understand your Highness' object in submitting them to the Throne for sanction.
British enterprise in mines being thus rendered impossible at the outset, it is not necessary for me to deal in detail with the many grave objections presented by the rules affecting partnership, the payment of dues, the division of profits, and the numerous restrictions regarding the time-limits allowed for prospecting, and the area of mining properties.
But the Regulations do not only stand in the way of new mining enterprises. By section 8 it is laid down that existing Mining Agreements must be submitted for
[2813 -4]
British merchants in great expense without conferring upon them adequate protection. My Government is therefore entirely unable to agree to the Regulatious in this form, and I can only urge, if the Board of Commerce is sincerely desirous of producing a trade-marks enactment acceptable to the Powers, that the draft Rules prepared by the Ministers of Great Britain, France, and Germany in 1905 should be taken as the basis of negotiation.
I avail, &c. (Signed)
J. N. JORDAN,
[This Document is the Property of His Britannic Majesty's Government]
CHINA TRADE.
CONFIDENTIAL.
466
[January 11.]
SHOTION 4.
[1042]
No. 1.
Sir J. Jordan to Sir Edward Grey.-(Received January 11.)
(No. 550.) Sir,
Peking, November 26, 1907. IN continuation of my despatch No. 537 of the 13th instant respecting the Chinese Mining Regulations, I now have the honour to inclose a copy of my note to Prince Ch'ing of the 21st instant objecting to this enactment, on the ground that its provisions are contrary to existing Treaty Rules, and do not constitute in any way a fulfilment of China's pledge, under the Commercial Treaty of 1902, to revise her Mining Laws with a view to attract foreign enterprise.
I understand that similar communications are likely to be addressed to the Chinese Government by several of my colleagues.
I have, &c. (Signed) J. N. JORDAN.
P.S.--At interview yesterday with the Grand Secretary, Na Tung, at the Wai-wu Pu, I asked what the Chinese Government proposed to do in regard to the new Mining Regulations. My view of them had been sufficiently expressed in a recent note, and I need only draw attention to the issue of these Regulations as a further proof of China's unwillingness to utilize foreign capital in the development of the country, in spite of her engagement under Treaty to facilitate its employment.
The Grand Secretary said that he had read my note of the 21st instant, and that the Board were only awaiting the replies of other foreign Representatives before taking the question into detailed consideration.
Peking, November 27, 1908.
J. N. J.
Inclosure in No. 1.
Sir J. Jordan to Prince Ching.
Your Highness,
Peking, November 21, 1907. I HAVE the honour to acknowledge the receipt of your Highness' note of the 14th ultimo, transmitting a copy of the Mining Regulations submitted to the Throne by the Wai-wu Pu and Board of Commerce, and sanctioned by Imperial Roscript.
Owing to the length of this document the work of translation has only been completed within the past few days, and I regret to find, on reading the Regulations, that they offer little inducement to foreign or native capitalists to engage in the development of mines in China. I have formed this opinion, as far as foreign enterprise is concerned, from those sections of the Regulations-for example, sections 4, 10, 49, 60, 61, 62, &c.-which seek to place foreigners under Chinese jurisdiction, and to deprive them of extraterritorial rights. It need scarcely be said that British subjects are not prepared to submit themselves to such conditions, or that His Majesty's Government is not yet satisfied that the state of the Chinese laws warrants her relinquishment of her extraterritorial privileges.
Since the above-mentioned Articles are entirely contrary to the stipulations of existing Treaties, I am at a loss to understand your Highness' object in submitting them to the Throne for sauction.
British enterprise in mines being thus rendered impossible at the outset, it is not necessary for me to deal in detail with the many grave objections presented by the rules affecting partnership, the payment of dues, the division of profits, and the numerous restrictions regarding the time-limits allowed for prospecting, and the area of mining properties.
But the Regulations do not only stand in the way of new mining enterprises. By section 8 it is laid down that existing Mining Agreements must be submitted for
[2813 -4]
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