This Document is the Property of His Britannic Majesty's Government]
713
47004
AFFAIRS OF CHINA,
CONFIDENTIAL,
[42935]
No. 1.
[December
29 DEC 08
SECTION 2.
Consul Carlisle to Sir Edward Grey (Received December 9.)
(No. 15. Confidential.)
Sir,
Hanoi, November 6, 1908.
THE Chinese Government have for some time past wished to appoint a Consul or Consuls in French Indo-China. The Government of Indo-China has not welcomed the idea, and has hitherto evaded the question, but can hardly do so much longer, and will probably shortly accede to the request.
The Commercial Convention between China and France, signed at Tien-tsin on the 25th April, 1886, gave the Chinese Government the right to appoint Consuls at Hanoi and Haiphong, and contemplated a creation, after agreement with the French authorities, of other Consular posts in Tonquin. This right was not, however, claimed at the time, and the following year the Chinese agreed to waive it.
The French dislike to the idea is largely caused by an apprehension that the Chinese under the guidance of a Consul will refuse to pay the capitation tax, which at present is levied upon them as "foreign Asiatics." The Japanese are no longer subject to this toll, having been assimilated to the Europeans, but it is collected from other Asiatics, such as British Indians. The Convention of 1886, referred to above, stipulates however in Article 16 that "Les Chinois résidant en Annam seront, sous le rapport de la juridiction en matière criminelle, fiscale, ou autre, placés dans les mêmes conditions que les sujets de la nation la plus favorisée." Annam in this connection includes Tonquin, but not, it may well be argued, Cochin-China, which, being a possession, is under a different régime to the Protectorates. The large Chinese Colony at Cholon, near Saigon (much the most important in Indo-China), could hardly therefore claim exemption from special taxation under this Treaty. It is, however, probable that the Chinese Government would not claim relief under the terms of the Treaty, but would demand on general grounds that their nationals should be treated on the same lines as the Europeans and Japanese in Indo-China. The capitation tax on Chinese brings in, roughly speaking, about 200,000l. per annum, and the Government have no wish to relinquish this easily raised portion of their revenue. They are desirous, therefore, of coming to an understanding on this head with the Chinese Government before they agree to the appointment of Consuls.
One comparatively simple solution of the difficulty has been under consideration — namely, to impose a capitation tax on all foreigners irrespective of race. The arguments used in favour of this solution are that the non-French Europeans in Indo-China are few in number and in sufficiently easy circumstances to make the payment of a small annual tax no material hardship; some of the Japanese might object, but, if the measure were applied to all foreigners, it is thought that no serious protests would come from them; the British Indians and miscellaneous Asiatics, to some of whom the tax is a matter of importance, pay it already; finally, the Chinese would have no reason to raise the question, were the subjects of all foreign nations submitted to the same régime.
It is probable, however, that before proceeding to take this somewhat drastic step, an attempt will be made to show the Chinese that, under present conditions, they enjoy various privileges which would not be accorded to them were they assimilated to Europeans, and that it is to their advantage to continue under the system now in force. Chinese, for instance, are allowed to run steam-launches on inland waters of Indo-China which are not opened to navigation by European foreigners, they can keep shops for the sale of native medicines without holding chemists' diplomas, and they have various other similar advantages which are not granted to non-Asiatic foreigners. Last year the Chinese (Straits-born) British subjects of Saigon petitioned the Governor-General, through me, that they might be assimilated, particularly for purposes of jurisdiction, to Europeans, and not be justiciable before the Tribunals for native affairs. The Government was prepared to consider their request favourably, but commissioned M. Hardouin to explain the position fully to them, and to point out that, if treated on the footing of Europeans, they would lose the privileges referred to above, and that, moreover, their cases would have to be tried solely according to French law, which, more especially in
[2049 i-2]
This Document is the Property of His Britannic Majesty's Government]
713
47004
AFFAIRS OF CHINA,
CONFIDENTIAL,
[42935]
No. 1.
[December
29 DEC 08
SECTION 2.
Consul Carlisle to Sir Edward Grey (Received December 9.)
(No. 15. Confidential.)
Sir,
Hanoi, November 6, 1908. THE Chinese Government have for some time past wished to appoint a Consul or Consuls in French Indo-China. The Government of Indo-China has not welcomed the idea, and has hitherto evaded the question, but can hardly do so much longer, and will probably shortly accede to the request.
The Commercial Convention between China and France, signed at Tien-tsin on the 25th April, 1886, gave the Chinese Government the right to appoint Consuls at Hanoi and Haiphong, and contemplated a creation, after agreement with the French authorities, of other Consular posta in Tonquin. This right was not, however, claimed at the time, and the following year the Chinese agreed to waive it.
The French dislike to the idea is largely caused by an apprehension that the Chinese under the guidance of a Consul will refuse to pay the capitation tax, which at present is levied upon
them as "foreign Asiatics." The Japanese are no longer subject to this toll, having been assimilated to the Europeans, but it is collected from other Asiatics, such as British Indians. The Convention of 1886, referred to above, stipulates however in Article 16 that "Les Chinois résidant en Annam serout, sous le rapport de la juridiction en matière criminelle, tiscale, ou autre, placés dans les mêmes conditions que les sujets de la nation la plus favorisée." Annamn in this connection includes Tonquin, but not, it may well be argued, Cochin-China, which, being a possession, is under a different régime to the Protectorates. The largo Chinese Colony at Cholon, near Saigon (much the most important in Indo-China), could hardly therefore claim exemption from special taxation under this Treaty. It is, however, probable that the Chinese Government would not claim relief under the terms of the Treaty, but would demand on general grounds that their nationals should be treated OB the same lines as the Europeans and Japanese in Indo-China. The capitation tax on Chinese brings in, roughly speaking, about 200,0007, per annum, and the Government have no wish to relinquish this easily raised portion of their revenue. They are desirous, therefore, of coming to an understanding on this head with the Chinese Government before they agree to the appointment of Consuls.
One comparatively simple solution of the difficulty has been under consideration ----- The arguments namely, to impose a capitation tax on all foreigners irrespective of race. used in favour of this solution are that the non-French Europeans in Indo-China are few in number and in sufficiently easy circumstances to make the payment of a small annual tax no material hardship; some of the Japanese might object, but, if the measure were applied to all foreigners, it is thought that no serious protests would come from them; the British Indians and miscellaneous Asiaties, to some of whom the tax is a matter of importance, pay it already; finally, the Chinese would have no reason to raise the question, were the subjects of all foreign nations submitted to the same régime.
It is probable, however, that before prceeding to take this somewhat drastic step, an attempt will be made to show the Chinese that, under present conditions, they enjoy various privileges which would not be accorded to them were they assimilated to Europeans, and that it is to their advantage to continue under the system now in force. Chinese, for instance, are allowed to run steam-launches on inland waters of Indo-China which are not opened to navigation by European foreigners, they can keep shops for the sale of native medicines without holding chemists' diplomas, and they have various other similar advantages which are not granted to non-Asiatic foreigners. Last year the Chinese (Straits-born) British subjects of Saigon petitioned the Governor-General, through me, that they might be assimilated, particularly for purposes of jurisdiction, to Europeans, and not be justiciable before the Tribunals for native affairs. The Govern- ment was prepared to consider their request favourably, but commissioned M. Hardouin to explain the position fully to them, and to point out that, if treated on the footing of Europeans, they would lose the privileges referred to above, and that, moreover, their cases would have to be tried solely according to. French law, which, more especially in
[2049 i-2]
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