Directory_and_Chronicle_1915 — Page 63

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THE CHEFOO CONVENTION, 1876

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 in lemnity to be paid on account of the families of the officers and others killed in Yüunan, on account of the expenses which the Yünnan 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 Yüunau. 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 Yamėn.

SECTION II.-Official Intercourse

Under this heading are includel 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 Yamėn's Memorial of the 28th September, 1875, the Prince of Kung anl the Ministers statel that their object in presenting it had not been simply the transaction of business in which Chinese and Foreigners might be con- cerned; missions abroad and the question of diplomatic intercourse lay equally with- in 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 capit lani in the provinces, it is agreed that the Tsung-li Yamen shall aldress a circular to the Legations, inviting Foreign Representatives to consider with them a code of etiquette, to the enl 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, accord- ing 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 establishel 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 un- popularity, constantly fails to enforce his judgments.

It is now unlerstood that the Tsung-li Yamen 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 tra le.

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.