817
This Document is the Property of His Britannic Majesty's Government/55
(Translation.)
6
Inclosure 6 in No. 1.
Prince Ching to Doyen of Diplomatic Body.
Peking, April 10, 1908.
I HAVE the honour to acknowledge the receipt of your letter of the 3rd instant, whereby, on behalf of the foreign Representatives, your Excellency transmitted, for the information of my Board, copies of correspondence which has recently passed between the Consular Body at Shanghae and the Customs Taotai on the subject of the levy of li-kin on foreign merchandize within the harbour limits of the port.
It had always been held by the Government of the Treaty Powers that the duty-free area of a port, which, under the Treaties, has been declared open to international trade, comprises the whole area of port, including, of course, the harbour thereof, and that the taxes and charges leviable on foreign goods imported therein, and native goods exported therefrom, are those only which are specified in the Treaties.
Further, as regards foreign imports, it has always been held that, even after they have been sold to Chinese firms, they are not liable to further taxation within the Treaty-port area; and it is only by strict observance of these principles that the distinction can be preserved between "Treaty ports" and "the interior."
proper
Your Excellency requested that the Shanghae Li-kin authorities may be instructed to conform with the principle and make no exactions on foreign imports, whether in foreign or native hands, or on foreign-owned produce intended for export within the Treaty-port area.
My Board finds that in none of the Treaties it has been clearly expressed how the limits of "Treaty ports" and "the interior" must be defined.
In the Chefoo Convention between China and Great Britain, section 3, it is said that no li-kin ought to be collected on foreign goods within the Concessions of the open ports. Afterwards it appears, from the additional Articles to this Agreement, that this question required further consideration. All this shows that the above is a question which has not yet been properly settled between China and the foreign Powers.
Up till now the foreign Ministers in Peking held the opinion that the four words, Tung shang k'ou ngan (Treaty port), comprised the port, the city of the port, and any road or waterway connecting these two.
To this defining of limits my Department never agreed.
This time the Consular Body in Shanghae holds that the limits of the port are determined by the Imperial Maritime Customs in accordance with the requirements of the shipping visiting the port, and that within the limits thus determined the levy of li-kin is not permissible.
This contention is only a proposal from the Consular Body, and cannot be taken as definite.
The levying of li-kin in Shanghae is of long date. If foreign imported goods have paid transit dues, and if native exported produces are provided with a transit pass, then it is impossible to levy li-kin, which would be against the Treaties.
Why dispute, when by doing thus a great deal of difficulties may arise about measures which have been accepted for ever so long?
I consider it my duty to bring the above to your Excellency's notice as dean of the Diplomatic Body, with the request to inform the different Ministers in Peking as to the contents of same.
A necessary despatch.
CHINA TRADE.
CONFIDENTIAL.
[19834]
No. 1.
Sir J. Jordan to Sir Edward Grey.—(Received June 9.)
! JUL 08)
[June 9.]
SECTION 2.
(No. 201.) Sir,
Peking, May 2, 1908. I HAVE the honour to acknowledge the receipt of your despatch No. 96 of the 20th February last, inclosing copy of a communication from the Board of Trade, in which it was suggested that the port of Chingwangtao should be included among those to which facilities are granted for the dispatch of goods to Manchuria, and that the limit of two months within which the certificates were to be returned should be extended.
A request in this sense was made by Mr. Leech to the Wai-wu Pu in a note copy of which I have the honour to inclose, and from their reply, copy of which is also inclosed, it will be seen that the Chinese Government have consented to the inclusion of Chingwangtao in the list of ports named in the Regulations, and have agreed to extend the time limit for the return of the certificates to four months.
I have, &c. (Signed) J. N. JORDAN.
Inclosure 1 in No. 1.
Sir J. Jordan to Wai-wu Pu.
Your Highness,
Peking, April 8, 1908. THE provisional Regulations relating to the transport of certificated goods to the newly-opened trade marts of Manchuria, which were inclosed in your Highness' note of the 19th November, 1907, were communicated to His Majesty's Government, and I am now in receipt of instructions from His Majesty's Secretary of State to suggest to your Highness that, in view of the growing importance of Chingwangtao, that port should be added to those enumerated in Regulation 1. It is also pointed out that the limit of two months fixed in that Regulation for the surrender of the special certificates might operate unfairly, and I am to request that the period may be increased to four months.
I trust that your Highness will be able to meet the views of His Majesty's Government in these two points, and avail myself, &c.
(For His Majesty's Minister),
(Signed) S. LEECH.
Inclosure 2 in No. 1.
Wai-wu Pu to Sir J. Jordan.
Sir,
Peking, April 30, 1908. I HAVE the honour to acknowledge the receipt of your Excellency's note of the 8th instant, on the subject of the provisional Regulations for the transport of certificated goods to the newly-opened marts in Manchuria, and to state, in reply, that the points therein raised were referred to the Revenue Council (Shui-wu Ch'u) for consideration. That Department has now replied to the effect that, since Chingwangtao Customs is a branch of the Tien-tsin Custom-house, and the latter is included in the ports named in Regulation No. 1, there is no objection to the issue of special certificates for the transport of goods at Chingwangtao in the same way as at Tien-tsin.
As regards the extension of the time limit within which the special certificates have to be surrendered, the Revenue Council observe that the time limit was originally fixed at one month, within which period the merchant, who had obtained such special certificates from the Customs at Newchwang, &c., for the transport of merchandize to the newly-opened marts in Manchuria, was obliged to surrender the certificates at the
[1815 i--2]
817
This Document is the Property of His Britannic Majesty's Government/55
(Translation.)
6
Inclosure 6 in No. 1.
Prince Ching to Doyen of Diplomatic Body.
Peking, April 10, 1908.
I HAVE the honour to acknowledge the receipt of your letter of the 3rd instant, whereby, on behalf of the foreign Representatives, your Excellency transmitted, for the information of my Board, copies of correspondence which has recently passed between the Consular Body at Shanghae and the Customs Taotai on the subject of the levy of li-kin on foreign merchandize within the harbour limits of the port.
It had always been held by the Government of the Treaty Powers that the duty. free area of a port, which, under the Treaties, has been declared open to international trade, comprises the whole area of port, including, of course, the harbour thereof, and that the taxes and charges leviable on foreign goods imported therein, and native goods. exported therefrom, are those only which are specified in the Treaties.
Further, as regards foreign imports, it has always been held that, even after they have been sold to Chinese firms, they are not liable to further taxation within the Treaty-port area; and it is only by strict observance of these principles that the distinction can be preserved between "Treaty ports" and "the interior."
proper
Your Excellency requested that the Shanghac Li-kin authorities may be instructed to conform with the principle and make no exactions on foreign imports, whether in foreign or native hands, or on foreign-owned produce intended for export within the Treaty-port area.
My Board finds that in none of the Treaties it has been clearly expressed how the limits of "Treaty ports" and "the interior" must be defined.
In the Chefoo Convention between China and Great Britain, section 3, it is said that no l-kin ought to be collected on foreign goods within the Concessions of the open ports. Afterwards it appears, from the additional Articles to this Agreement, that this question required further consideration. All this shows that the above is a question which has not yet been properly settled between China and the foreign Powers.
Up till now the foreign Ministers in Peking held the opinion that the four words, Tung shang k'ou
23 ngan (Treaty port), comprised the port, the city of the port, and any road or waterway connecting these two.
To this defining of limits muy Department never agreed.
This time the Consular Body in Shanghae holds that the limits of the port are determined by the Imperial Maritime Customs in accordance with the requirements of the shipping visiting the port, and that within the limits tbus determined the levy of ki-kin is not permissible.
This contention is only a proposal from the Consular Body, and cannot be taken as definite.
The levying of li-kin in Shanghae is of long date. If foreign imported goods have paid transit dues, and if native exported produces are provided with a transit pass, then it is impossible to levy li-kin, which would be against the Treaties.
Why dispute, when by doing thus a great deal of difficulties may arise abont measures which have been accepted for ever so long?
I consider it my duty to bring the above to your Excellency's notice as dean of the Diplomatic Body, with the request to inform the different Ministers in Peking as to the contents of same.
A necessary despatch.
CHINA TRADE.
CONFIDENTIAL.
[19834]
No. 1.
Sir J. Jordan to Sir Edward Grey.-(Received June 9.)
! JUL 08)
[June 9.]
SECTION 2.
(No. 201.) Sir,
Peking, May 2, 1908. I HAVE the honour to acknowledge the receipt of your despatch No. 96 of the 20th February last, inclosing copy of a communication from the Board of Trade, in which it was suggested that the port of Chingwangtao should be included among those to which facilities are granted for the dispatch of goods to Manchuria, and that the limit of two months within which the certificates were to be returned should be extended.
A request in this sense was made by Mr. Leech to the Wai-wu Pu in a note copy of which I have the honour to inclose, and from their reply, copy of which is also inclosed, it will be seen that the Chinese Government have consented to the inclusion of Chingwangtao in the list of ports named in the Regulations, and have agreed to extend the time limit for the return of the certificates to four months.
I have, &c. (Signed) J. N. JORDAN.
Inclosure 1 in No. 1.
Sir J. Jordan to Wai-wu Pu.
Your Highness,
Peking, April 8, 1908. THE provisional Regulations relating to the transport of certificated goods to the newly-opened trade marts of Manchuria, which were inclosed in your Highness' note of the 19th November, 1907, wore communicated to His Majesty's Government, and I am now in receipt of instructions from His Majesty's Secretary of State to suggest to your Highness that, in view of the growing importance of Chingwangtao, that port should be added to those enumerated in Regulation 1. It is also pointed out that the limit of two months fixed in that Regulation for the surrender of the special certificates might operate unfairly, and I am to request that the period may be increased to four months.
I trust that your Highness will be able to meet the views of Ilis Majesty's Government in these two points, and avail myself, &c.
(For His Majesty's Minister),
(Signed) S. LEECH.
Inclosure 2 in No. 1.
Wai-wu Pu to Sir J. Jordan.
Sir,
Peking, April 30, 1908. I HAVE the honour to acknowledge the receipt of your Excellency's note of the 8th instant, on the subject of the provisional Regulations for the transport of certificated goods to the newly-opened marts in Manchuria, and to state, in reply, that the points therein raised were referred to the Revenue Council (Shui-wu Ch'u) for consideration. That Department has now replied to the effect that, since Chingwangtao Customs is a branch of the Tien-tsin Custom-house, and the latter is included in the ports named in Regulation No. 1, there is no objection to the issue of special certificates for the transport of goods at Chingwangtao in the same way as at Tien-tsin.
As regards the extension of the time limit within which the special certificates have to be surrendered, the Revenue Council observe that the time limit was originally fixed at one month, within which period the merchant, who had obtained such special certificates from the Customs at Newchwang, &c., for the transport of merchandize to the newly-opened inarts in Manchuria, was obliged to surrender the certificates at the
[1815 i--2]
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