Directory_and_Chronicle_1925 — Page 174

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TREATY BETWEEN PORTUGAL AND CHINA

Art. XXXVII.—The proceeds of fines and confiscations inflicted on Portuguese subjects, in conformity to this Treaty, shall belong exclusively to the Chinese- Government.

Art. XXXVIII.-Portuguese subjects carrying goods to a market in the interior of the country, on which the lawful import duties have already been paid at any of the open ports, or those who buy native produce in the interior to bring to the ports on the Yang-tsze-kiang, or to send to foreign ports, shall follow the regulations adopted towards the other nations.

Custom-house officers who do not comply with the regulations, or who may exact more duties than are due, shall be punished according to the Chinese law.

Art. XXXIX.—The Consuls and local authorities shall consult together, when neces- sary, as to the construction of Light-houses and the placing of Buoys and Light-ships..

Art. XL.-Duties shall be paid to the bankers authorized by the Chinese Govern- ment to receive them in sycee or in foreign coin, according to the official assay made at Canton on the 15th July, 1843.

Art. XLI.-In order to secure the regularity of weights and measures and to avoid confusion, the Superintendent of Customs will hand over to the Portuguese Consul at each of the open ports standards similar to those given by the Treasury Department for collection of public dues to the Customs at Canton.

Art. XLII.-Portuguese merchant ships may resort only to those ports of China which are declared open to commerce. It is forbidden to them, except in the case of force majeure provided for in Article XIX., to enter into other ports, or to carry on a clandestine trade on the coast of China, and the transgressor of this order shall be subject to confiscation of his ship and cargo by the Chinese Government.

Art. XLIII.—All Portuguese vessels despatched from one of the open ports of China to another, or to Macao, are entitled to a certificate of the Custom-house, which will exempt them from paying new tonnage dues, during the period of four months reckoned from the date of clearance.

Art. XLIV.—If any Portuguese merchant ship is found smuggling, the goods- smuggled, no matter of what nature or value, will be subject to confiscation by the Chinese authorities, who may send the ship away from the port, after settlement of all her accounts, and prohibit her to continue to trade.

Art. XLV. As regards the delivery of Portuguese and Chinese criminals, with the exception of the Chinese criminals who take refuge in Macao, and for whose extradition the Governor of Macao will continue to follow the existing practice, after the receipt of a due requisition from the Viceroy of the Kwangs, it is agreed that, in the Chinese ports open to foreign trade, the Chinese criminals who take refuge at the houses or on board ships of Portuguese subjects shall be arrested and delivered to the Chinese authorities on their applying to the Portuguese Consul; and likewise the Portuguese criminals who take refuge in China shall be arrested and delivered to the Portuguese authorities on their applying to the Chinese authorities; and by neither of the parties shall the criminals be harboured nor shall there be delay in delivering them.

Art. XLVI.-It is agreed that either of the high contracting parties to this Treaty may demand a revision of the Tariff, and of the commercial Articles of this Treaty, at the end of ten years; but if no demand be made on either side within six months after the end of the first ten years, then the Tariff shall remain in force for ten years more, reckoned from the end of the preceding ten years; and so it shall be, at the end of each successive ten years.

Art. XLVII.-All disputes arising between Portuguese subjects in China with regard to rights, either of property or person, shall be submitted to the jurisdiction of the Portuguese authorities.

Art. XLVIII.-Whenever Chinese subjects become guilty of any criminal act: towards Portuguese subjects, the Portuguese authorities must report such acts to the Chinese authorities in order that the guilty be tried according to the laws of China.