CO129-361 - Public Offices - 1909 — Page 319

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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the kind against peoples of other countries. I replied that in this he was mistaken, that Canada's relations with both Japan and India were governed by enactments, either laws or Regulations, which had to do specially with the peoples from those countries. Sir John Jordan made express mention of the fact that the Arrangement with Japan was in the nature of a special Arrangement with that country. Mr. Liang thought that the assurance of the Chinese Government that only a definite number of passports would be issued should be enough. I said that the Government could not, in any proposal to do away with the poll tax, think of asking Parliament to do away with all legislation respecting Chinese; it would be a difficult enough task to get through what was being suggested; that I was looking for the line of least resistance with a view of attaining the object desired. I pointed out wherein the position of China would be vastly improved if the arrangement proposed were accepted and carried out in the form we were discussing, and what the attaining of this end would involve in the way of risk, possible sacrifice, and effort on the part of the Canadian Government.

The points enumerated in the rough draft of the proposed communication from myself to Mr. Liang were taken up and discussed seriatin, and I gave the reasons which had prompted me in the wording of each clause. Mr. Liang did not take direct exception to any of the paragraphs, but made one or two suggestions, and said he would like to look over the whole draft carefully and alone. I mentioned that if he saw anything to which he objected in what I was then submitting, I wished he would let me know, as I was unwilling to submit in a revised draft anything which might be objectionable. Mr. Liang expressed general approval of the draft in the form as it stood, saying that it contained nothing to which he wished to object at the moment. What the several provisions of this draft were will be apparent from the revised draft which it was agreed should be sent to Mr. Liang, and which was sent on the day following. A copy of the draft and the letter that accompanied it is given herewith.

Having in mind the point raised by Mr. Liang in the previous interview respecting all classes being required to present passports, I took occasion to produce the passpor's my Secretary and I had obtained before leaving, from the Secretary of State for Canada; also the Chinese passports which we had obtained through the British Consul at Shanghae for use while travelling in China. I also pointed out that my colleagues on the Opium Commission, Sir Cecil Smith and Mr. Brunyate, had been obliged to obtain passports for use in Russia while travelling home via the Trans-Siberian Railway, and that none of us had felt we were being subjected to any indignity on this account. Sir John mentioned that he had secured passports for himself while travelling through Switzerland and Europe. I also pointed out to Mr. Liang that there were parts of China into which I could not go without a passport at the present time, and that there were parts where I could not reside, purchase lands, or carry on business if I wished, which was a greater restriction than Canada had placed on Chinese residents in the dominion. Mr. Liang admitted this was true, but said the Chinese attitude was due to the extra-territorial jurisdiction which foreign nations claimed over their subjects in China. He added that he did not object to the passport requirement.

The interview concluded with a reference to the conditions of the Chinese in Canada and the possibilities of developing trade between Canada and China. Mr. Liang volunteered the statement that the Chinese were well treated in Vancouver, much better than in San Francisco. He was favourable to promoting trade with other countries and thought that as between China and Canada there were possibilities of an extensive trade,

When he returned to the Legation Sir John Jordan sent a cable to the British Foreign Office, suggesting that Lord Lee be seen and made acquainted with Canada's attitude, and urged to send an early reply to the communication sent by Mr. Liang, On the morning of the 21st a reply was received to the effect that Lord Lee had advised that the method of restriction by passports be given u trial, provided Canada would remove the poll tax and a stated number of immigrants be allowed admission. He had also pointed out that the Japanese had over-stepped the mark, and advised the Wai-wu Pu to consider carefully how they would insure the enforcement of passport regulation,

The following is a copy of the draft Memorandum sent Mr. Liang on the 20th, and of the note with which it was inclosed.

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Mr. Mackenzie King to Liang Tun-yen.

Dear Mr. Liang,

Peking, March 20, 1909. I am inclosing a draft of the proposed letter which I promised to forward at our interview yesterday. You understand, of course, that it is only a draft, and that I shall welcome suggestions and criticisms concerning any of its paragraphs which you may think it desirable to make.

The communication is a somewhat lengthy one, but I have thought that on the whole it would be more satisfactory to have the several points deserving of con- sideration set out at length. This course may help to simplify discussion, and to prevent the possibility of any subsequent misunderstandings.

Yours sincerely, (Signed)

W. L. MACKENZIE KING.

Draft Despatch from Mr. Mackenzie King to Liang Tun-yen.

Peking,

1909. Dear Mr. Liang,

From the interviews which have been accorded Sir John Jordan and myself at the Foreign Office since my arrival here, Sir John and I have been led to believe that the Chinese Government, appreciating the difficulties with which the Canadian Government is confronted in the matter of Oriental immigration, and being equally desirous with the Canadian Government to promote the friendliest relations between the peoples of the two countries, is prepared to voluntarily restrict immigration from China to Canada, and to make this restriction effective within definited limits, provided the Canadian Government is willing to remove the capitation tax (500 dollars gold) which at the present time is imposed as a means of restricting immigration from China.

The following is proposed as the basis of an agreement between the Chinese and Canadian Governments in this connection:-

1. That restriction shall be effected, and the possibility of evasions safeguarded by the use of passports to be issued in a form and by authorities approved.

2. That persons at present exempt from payment of the capitation tax shall be freely admitted.

3. That persons at present required to pay the capitation tax, but entitled on the fulfilment of certain conditions to a refund, shall be freely admitted, subject to regulations to be approved.

4. That persons at present required to pay the capitation tax, and not entitled to a refund, shall be freely admitted in such number as may be agreed upon between the Government of China and the Government of Canada.

5. That persons without passports, or persons of the class mentioned in para- graph 4 coming with passports, but in excess of the number agreed upon, may be refused admission, and such refusal will not be deemed by the Government of China to be an act of discourtesy or a violation of any agreement or understanding respecting emigration from China to Canada.

6. That the bringing of Chinese to Canada under contract shall be prohibited, except in the case of contracts having the express approval of both the Chinese and Canadian Governments.

The persons referred to in paragraph 2 as being at present exempt from the capitation tax are :-

(a.) The members of the diplomatie corps or other Government Representatives, their suites and their servants, and Consuls and Consular Agents.

(b.) The children born in Canada of parents of Chinese origin, and who have left Canada for educational or other purposes.

(c) Merchants, their wives and minor children. (d) The wives and minor children of clergymen. (e.) Tourists.

(f) Men of science.

(g.) Duly certified teachers (subject to such regulations as may from time to time

be made by the Governor in Council).

(h.) Chinese residents of Canada re-entering within twelve months after leaving

to travel abroad, provided they have complied with conditions framed for the purpose of facilitating identification.

D

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