Directory_and_Chronicle_1899 — Page 85

THE CHEFOO CONVENTION

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the measures needed for the more effective administration of justice at the Ports open to Trade.

3.-It is agreed that, whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation.

To the prevention of misunderstanding on this point, Sir Thomas Wale will write a Note to the above effect, to which the Tsung-li Yamên will reply, affirming that this is the course of proceeding to be adhered to for the time to come.

It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judicia. proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality; the official of the plaintiff's nationality merely attending to watch the procee lings in the interest of just ce. If the officer so attending be dissatisfied with the proceedings. it will be in his power to protest against them in detail. The law administered will be the 1.w of the nationality of the officer trying the case. This is the meaning of the words hui l'ung indicating combined action in judicial proceedings, in Article XVL of the Treaty of Tientsin; and this is the course to be respectively fol.owed by the officers of either nationality.

SECTION III.—Trade.

1.-With reference to the area within which, according to the treaties in force, lekin ought not to be collected on foreign gods at the open ports, Sir Thomas Wade agr es to move his Government to allow the ground rented by foreigners (the so-called Concessions) at the different ports, to be regarded a. the area of exemption from lekin; and the Government of China will thereupon allow I-ch'ang, in the province of Hu-pi; Wu-hu, in An-hui; Weu-chow. in Che-kiang; and Pe -hai (Pak-hoi), in Kwang-tung to be added to the number of ports op ʼn to trade an、 to become Consular stations. The British Government, will farther, be free to send officers to reside at Ch'ung-k'ing to watch the conditions of British trade in Szechuen; British merchants will not be allowed to reside at Ch'ung-k'ing, or to open esta lish- men 8 or warehouses there, so long as no steamers have access to the port. When steamers have succeede in ascending the river so far, further arrangeinents can be taken into consideration.

It is further proposed as a measure of compromise that at certain points on the shore of the Great River, namely. Ta-t'ung and Na-Ching in the province of An- hui; Ho-Kou. iu Kiang-si; Wu-suëh, Lu-chi kou, and Sha-shih in Hu-Kwang; these being all places of trade in the interior. at which, as they are not open ports, foreign merchants are not legally authorised to land or ship goods, steamers -hall be allowed to touch for the purpose of landing or shipping passengers or goods; but in all instances by means of native boats only, and subject to the regulations in force affecting native trade.

Produc accompanied by a half-duty certificate may be hipped at su h points by the seamers, but may not be landed by them for sale. And at all such points, except in the case of imports accompanied by a transit duty certificate or exports similarly certificated, which will be severally passed free of lekin on exhibition of such certificates, lekin will be duly collecte i on all goods whitever by the native authorities. Foreign merchants will not be authorise to reside or open houses of business or warehouses at the places enumerated as ports of call.

2.-At all ports open to trade, whether by earlier or later agreement, at which no settlement area has beet. 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 sale for it. The importer will then pay the tariff duty upon it,

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