Directory_and_Chronicle_1893 — Page 143

Directories & Chronicles 香港指南 All

TREATY BETWEEN BRAZIL AND CHINA

101

Art. XI.-All questions of right, whether of person or of property, which may arise between Brazilian subjects in China shall be subject to the sole jurisdiction of the Brazilian authorities. Actions between Brazilian subjects and foreigners in China shall be subject to the authorities only of their countries.

If any Chinese be involved in law suits, action shall be taken conformably to the two preceding articles.

If in future the Chinese Government shall deem fit to establish, in accord with foreigu Powers, a Code to regulate the matter of jurisdiction over foreign subjects in China, Brazil shall also take part in the accord.

Art. XII.—In the case of persons, whatever be their condition, froia on board of the ships of one of the High Contracting Parties, in an open port of the other, going on shore, and causing disturbances there, they shall be punished conformably. to the usage followed, in such cases, in each of the two countries.

As regards actions arising from collisions between vessels of the two countries, in the waters of China, such actions shall be heard by the authorities of the defendant, conformably to the regulations about collision in force in all countries.

If the complainant will not conform to the sentence, the authorities upon whom he is dependent may apply officially to the authorities to whom the defendant is subject in order that they may re-hear the suit and pronounce definitely in all

quity.

Art. XIII.-Chinese subjects in Brazil shall have free access to the courts of justice of that country for the defence of their just rights.

They shall enjoy, in this respect, the same rights and privileges as the Brazilians and the subjects of the most favoured nation.

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Art. XIV. The High Contracting Parties agree to prohibit to the subjects of each of them the importation of opium into the ports of the other open to trade, and the transport of opium from port to port, whether for their own account or for the account of subjects or citizens of any other nation, as well in ships belonging to subjects of the High Contracting Parties as in ships belonging to subjects or citizens of a third nation.

The High Contracting Parties further agree to prohibit to their respective subjects the opium trade in the ports of the other open to trade.

The most favoured nation clause cannot be invoked against the provisions of this article.

Art. XI.-This Treaty has been drawn up in three languages, Portuguese, Chinese, and French. Four copies have been prepared in each of these languages; the versions have been compared and found to correspond in all points, and to be free from errors.

The Portuguese text shall be authoritative in Brazil, and the Chinese in China. In case of divergence in the interpretations, the French text shall decide.

Art. XVI.-If in future the High Contracting Parties desire to make any modifications in this Treaty, they shall have the liberty, after the lapse of ten years, dating from the exchange of the ratifications, to open negotiations with this object.

The official notification of the modifications which either of the High Contracting Parties may intend to propose shall always be made six months in advance.

If no such modification be made, the Treaty shall remain in force.

Art. XVIII.—The present Treaty shall be ratified by His Majesty the Emperor, of Brazil and by His Majesty the Emperor of China.

The exchange of ratifications shall be made, within the shortest possible time, at Shanghai or at Tientsin; after which the Treaty shall be printed and published in order that the functionaries and subjects of the two Empires may have full know- ledge of it and submit themselves to it.

In faith whereof the respective Plenipotentiaries have signed the present Treaty and have affixed their seals thereto.

Done at Tientsin this third day of the month of October, in the year of Grace one thousand eight hundred and eighty-one, corresponding to the eleventh day of the eighth month of the seventh year of Kwang-su,

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