THE CHEFOO CONVENTION
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the measu es needed for the more effective administrat on of justice at the Ports open to Trade.
3. It is agreed that, whenever a crime is committed affecting the per on or property of a B it sh subject, whether in the nter or or at the of corts, the British Minister hal! be free to send officers to the spot to be resent at the investigation
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To the prevent on ofisundersanding on th soint, Sir Thou as Wale will write a Note to the above efect, to which the Tsung-'i Yamên will reply, affirming that this is the course of proceeding to be adhere to for the tie to come.
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It is further un lerstood that so long as the law of the two countries differ from each other, there can be but one pinciple to guide judicial roceeding in mixed ca es in China, namely, that the ca e is tried by the official of the defendant's nationality; the offic al of the laintiff's nationality merely attending to watch the proceedings in the nterest of just ce. If the officer so attending be dissatisfied with the roceed ngs, it will be in his power to prote t again t them in deal. The law administered will be the law of the nationa ity of the officer trying the case. This is the meaning of the words hui t'ung indicating combined action in judicial proceedings, in Article XVI. of the Treaty of Tintsin; and this is the course to be re pectively fol owed by the officers of either uationa'ity.
SECTION III.-Trade.
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1.—With reference to the ar a within which, according to the treaties in force, lekin ought not to be collected on foreign goods at the open ort, Sir Tuomas Wade agrees to move his Government to allow the ground rented by foreigners (the so-ca ed Concesions) at the different ports, to be regarded as the area of exemotion from lekin; and the Government of Ch na wi thereu: on a low I-ch'ang, in the province of Hu-i; Wu-hu, in An-hui; Wen-chow, in Che-kiang; und Pe:-hai (Pak-hoi), in Kwang-ung to be added to the number of orts open to trade and to become Con ular tations. The British Gov rament wil, farther, be free to send officers to reside at Ch'ung-k'ing to watch the condition of Briti h trade in Su-ch'uen, British merchants w ll not be allowed to reside at Ch'ung-k'ing, or to o en estab i h ment or wareh uses there, so long a no steamers have acce to the port. When steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration.
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It is farther ro, osed as a mea ure of compromise that at certain point on the shore of the Great River, namely, Ta-t'ung and Ngan-Ching, n the province of An- hui; Ho-Kou, in Kiang-si; Wu-uch, Lu-chi kou, and Sha-shih in Hu-Kwang; these being a laces of trade in the interi r, at which, as they are not open 10 t, foreign merchants are not legally authorised to land or ship gds, steames shal be allowed to touch for the pur ose of landing or hi ping passengers or goods; but in al instances by means of native boats only, and subject to the regulations in force affecting native trade.
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Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, but may not be landed by then for sale. And at all such points, except in the care of im orts accompanied by a t an-it dut certificate or exports similarly certificated, which will be severally passed free of lekin on exhibition of such cortificates, lekin will be duly collecte l on all gd, whatever by the native authorities. Foreign merchants will not be authorised to re-ide or open hues of busines or warehouses at the places enumerated as ports of call.
2.—At all port open to trade, whether by carlier or later agreement, at which no settlement area has been previously defined, it will be the duty of the British Consul, acting in concert with his colleagues, the Consuls of other Powers, to come to an understanding with the local authorities regarding the definition of the foreign settlement area.
3.-On Opium, Sir Thomas Wade will move his Government to sanction an arrangement different from that affecting other imports. British merchants, when opium is brought into port, will be obliged to have it taken cognisance of by the Customs, and deposited in bond, either in a warehouse or a receiving hulk, until such time as there is a ale for it. The imp rter will then pay the tariff duty upon it
importer
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