Directory_and_Chronicle_1885 — Page 958

EMIGRATION CONVENTION BETWEEN SPAIN AND CHINA.

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examined by the Spanish tribunals and judged equitably in the same manner as it is the practice to do in regard to the subjects of the most favoured nation.

Art. IX. The Consul-General of China in Havana and the competent authorities on the island of Cuba will establish, as speedily as possible and in common accord, the regulations which the Chinese emigrants actually residing in Cuba, and those who may hereafter arrive, ought to observe in order to obtain a certificate stating their entry in the register kept by the Chinese Consuls. The Chinese Consuls will deliver to them a certificate of registration, which will be vised by the Superintendent of Police, or any other competent authority in the district, town, or plantation of the prefecture where the emigrant will establish his residence.

The authorities of Cuba will communicate to the Chinese Consuls all the in- formation concerning the number and names of the Chinese subjects in the different localities of the island and will enable them to obtain the means to personally ascer- tain the state of the Chinese engaged as labourers on the plantations.

Art. X-Ships of whatever nation wishing to carry Chinese emigrants must, besides conforming themselves to the stipulations of the present convention, also submit themselves to the regulations of their country regarding the carrying of passengers, of provisions, and health.

If they do not obey these two conditions they shall then not be allowed to carry emigrants.

Art. XI-The Government of His Majesty the King of Spain desiring to give to the Government to His Majesty the Emperor of China a proof of friendship and good will, engages itself to send homie at its own expense as soon as the present convention shall be ratified, those Chinese who actually can be found on the island of Cuba, who formerly made in China literary studies their vocation, also those who had an official rank, and individuals who belong to families of these categories. Their repatriation will be effected according to the information given by the Chinese Consular Agents and duly verified by the Spanish Authorities.

Likewise will be repatriated old persons prevented by age from working and who may ask to go back to China, also all Chinese female orphans not married and who may wish to return to their country.

Art. XII. The Spanish Government will order the masters of those Chinese emigrants whose contracts have expired and who according to the terms of these contracts have the right of returning home, to fulfil the obligations which they have contracted with these emigrants.

Concerning those who have fulfilled their engagements but who have no right to be sent home at the expense of their masters, and who are without means to maintain themselves, the local authorities will together with the Chinese Consuls in Cuba adopt the measures which they think necessary for repatriating them.

The emigrants at present residing on the island of Cuba and whose contracts are expiring, will receive, as soon as the present convention comes into force, a certificate in which it will be stated that they have fulfilled their engagements; by this they will obtain the right of enjoying all the advantages secured to other Chi nese according to regulations mentioned in Art. VII, of the present convention, and will be free either to remain on or to leave the island of Cuba.

Art. XIII The authorities of the island of Cuba can, if the circumstances demand it, and regardless of the regulations already mentioned, oppose themselves to the movements and the residence of Chinese subjects in all the localities where they think convenient, if for special reasons they find that the accumulation of the individuals in the respective localities might be detrimental to the preservation of public order. In such cases the local authorities will observe towards Chinese subjects the same rules as towards other foreigners, and will communicate to the Consul of China the decision they have taken.

Art. XIV. The labourers who have still obligations to perform according to the terms of their contracts, must under any condition fulfil the obligations, but they will enjoy, regarding certificates, etc., the benefits which will be accorded to their countrymen recently landed or to those whose engagements have expired.