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TREATY BETWEEN PERU AND CHINA.
In case it should be ascertained that Chinese Immigrants whose contracts have not expired, be their numbers what thy may, are actually suffering ill-treatment, it is now agreed that the Commission shall communicate the particulars concerning them to the Local Authorities. In case the employers of such Chinese Immigrants decline to acknowledge the ill treatment, the Local Authorities shall then send the complaints in question before the Tribunals for judicial inquiry and decision.
If the Immigrants in any case be dissatisfied with the decision of the primary Judge, it shall be open to the aggrieved parties forthwith to appeal to the higher Courts of Justice of Peru for further investigation.
The Chinese Immigrants will be placed on a footing of equality as regards legal procedure with that enjoyed by the subjects of the most favoured nation residing in Peru.
From the date of the ratification of this Special Agreement by the Peruvian Government, the said Government will compel the employers of Chinese Immigrants whose contracts have expired, and in which it may have been stipulated that they shall be sent back to China, to provide them with passages back to their native country, it they be desirous of returning to China.
In the case of Chinese Immigrants in whose contracts no stipulation is made for the return passage on the expiry of the contracts, and provided that the Iminigrants shall express a wish to return to China, but shall be without the means of providing their own passage, the Peruvian Government will cause them to be repatriated gratuitously in the ships which leave Peru for China.
The present Agreement is written and signed in six copies, viz.: two in Spanish, two in Chinese, and two in English. All these versions have the same meaning and intention.
The present Agreement shall be ratified by His Excellency the President of the Republic of Peru, after being approved by the Peruvian Congress, and by His Majesty the Emperor of China; and the ratifications shall be exchanged at Shanghai or Tientsin.
In token whereof the respective Plenipotentiaries have signed and sealed this Agreement.
Dene at Tientsin this twenty-sixth day of the month of June, in the year of the Lord One Thousand Eight Hundred and Seventy-four, corresponding to the Chinese date, the thirteenth day of the filth moon of the thirteenth year of Tung-Chi.
[L.8.] [L...]
(Signed)
AURELIO GARCIA Y GARCIA.
LI HUNG-CHANG.
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