Directory_and_Chronicle_1914 — Page 200

198

TREATY BETWEEN PORTUGAL AND CHINA

Art XI.-Portuguese subjects are allowed to reside at, or frequent, the ports of China opened to foreign commerce and there carry on trade or employ themselves freely. Their boats may navigate without hindrance between the ports open to foreign commerce, and they may import and export their merchandise, enjoying all the rights and privileges enjoyed by the subjects of the most favoured nation.

Art. XII.-Portuguese subjecte shall pay import and export duties on all mer- chandise according to the rates specified in the tariff of 1858, adopted for all the other nations; and in no instance shall higher duties be exacted from them than those paid by the subjects of any other foreign nation.

Art. XIII.-Portuguese subjects are permitted to hire any description of boats they may require for the conveyance of cargo or passengers, and the price of said hire will be fixed by the contracting parties alone, without interference by the Chinese Government. No limit shall be put to the number of boats, neither will it be per- mitted to any one to establish a monopoly of such boats or of the service of coolies employed in the carriage of merchandise.

Should contraband articles be on board any such boats, the guilty parties shall immediately be punished according to law.

Art. XIV.-Portuguese subjects residing in the open ports may take into their service Chinese subjects, aud employ them in any lawful capacity in China, without restraint or hindrance from the Chinese Government; but shall not engage them for foreign countries in contravention of the laws of China.

Art. XV.—The Chinese authorities are bound to grant the fullest protection to the persons and to the property of Portuguese subjects in China, whenever they may be exposed to insult or wrong. In case of robbery or incendiarism, the local autho- rities will immediately take the necessary measures to recover the stolen property, to terminate the disorder, to seize the guilty, and punish them according to the law. Similar protection will be given by Portuguese authorities to Chinese subjects in the possessions of Portugal.

Art. XVI.—Whenever a Portuguese subject intends to build or open houses, shops or warehouses, churches, hospitals, or cemeteries, at the Treaty ports or at other places, the purchase, rent, or lease of these properties shall be made out accord- ing to the current terms of the place, with equity, without exaction on either side, without offending against the usages of the people, and after due notice given by the proprietors to the local authority. It is understood, however, that the shops or ware- houses above mentioned shall only be allowed at the ports open to trade, and not in any place in the interior.

Art. XVII.-Portuguese subjects conveying merchandise between open ports shall be required to take certificates from the Superintendent of Customs such as are specified in the regulations in force with reference to other nationalities.

But Portuguese subjects, who, without carrying merchandise, would like to go to the interior of China, must have passports issued by their Consuls and counter- sigued by the local authorities. The bearer of the passport must produce the same when demanded, and the passport not being irregular, he will be allowed to proceed and no opposition shall be offered, especially to his hiring persons or vessels for the carriage of his baggage or merchandise.

If he be without a passport, or if he commits any offence against the law, he shall be handed over to the nearest Consul of Portugal to be punished, but he must not be subjected to an oppressive measure. No passport need be applied for by persons going on excursions from the ports open to trade to a distauce not exceeding 100 li and for a period not exceeding five days.

The provisions of this Article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities.

Art. XVIII. In the event of a Portuguese merchant vessel being plundered by pirates or thieves within Chinese waters, the Chinese authorities are to employ their utmost exertions to seize and punish the said robbers and to recover the stolen goods, which, through the Consul, shall be restored to whom they belong.

Page 200Page 201