Directory_and_Chronicle_1912 — Page 84

THE CHEFOO CONVENTION, 1876

base the regulations of trade when these have to be discussed. For the consideration and adjustment of any matter affecting British officers or subjects, these officers will be free to address themselves to the authorities of the province. The opening of the trade may be proposed by the British Government as it may find best at any time within the term of five years, or upon expiry of the term of five years.

Passports having been obtained last year for a Mission from India into Yunnan, it is open to the Viceroy of India to send such Mission at any time he may see fit.

5.-The amount of indemnity to be paid on account of the families of the officers and others killed in Yünnan, on account of the expenses which the Yunnan case has occasioned, and on account of claims of British merchants arising out of the action of officers of the Chinese Government up to the commencement of the present year, Sir Thomas Wade takes upon himself to fix at two hundred thousand taels, payable on demand.

6. When the case is closed an Imperial letter will be written expressing regret for what has occurred in Yünnan. The Mission bearing the Imperial letter will proceed to England immediately. Sir Thomas Wade is to be informed of the constitution of this Mission for the information of this Government. The text of the Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li Yamên.

SECTION II.-Official Intercourse

Under this heading are included the conditions of intercourse between high officers in the capital and the provinces, and between Consular officers and Chinese officials at the ports; also the conduct of judicial proceedings in mixed cases.

1. In the Tsung-li Yamên's Memorial of the 28th September, 1875, the Prince of Kung and the Ministers stated that their object in presenting it had not been simply the transaction of business in which Chinese and Foreigners might be concerned; missions abroad and the question of diplomatic intercourse lay equally within their prayer.

To the prevention of further misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamén shall address a circular to the Legations, inviting Foreign Representatives to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries and as would be shown to Chinese agents so serving abroad. The fact that China is about to establish Missions and Consulates abroad renders an understanding on these points essential.

2.-The British Treaty of 1858, Article XVI., lays down that "Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China.

"British subjects who may commit any crime in China shall be tried and punished by the Consul, or any other public functionary authorised thereto, according to the laws of Great Britain.

"Justice shall be equitably and impartially administered on both sides."

The words "functionary authorised thereto" are translated in the Chinese text "British Government."

In order to the fulfilment of its Treaty obligation, the British Government has established a Supreme Court at Shanghai, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghai a Mixed Court; but the officer presiding over it, either from lack of power or dread of unpopularity, constantly fails to enforce his judgments.

It is now understood that the Tsung-li Yamên will write a circular to the Lega- tion, inviting Foreign Representatives at once to consider with the Tsung-li Yamen the measures needed for the more effective administration of justice at the Ports open to Trade.