Directory_and_Chronicle_1930 — Page 67

THE CHEFOO CONVENTION, 1876

15

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 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.

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 Wade 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 judicial 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 proceedings in the interest of justice. 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 law of the nationality of the officer trying the case. This is the meaning of the words hui t'ung, indicating combined action in judicial proceedings, in Article XVI. of the Treaty of Tientsin; and this is the course to be respectively followed 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 goods at the open ports, Sir Thomas Wade agrees to move his Government to allow the ground rented by foreigners (the so-called Concessions) at the different ports, to be regarded as the area of exemption fron lekin; and the Government of China will thereupon allow Ich'ang, in the province of Hu-pi; Wu-hu, in An-hui; Wên-chow, in Che-kiang; and Pei-hai (Pak-hoi), in Kwang-tung to be added to the number of ports open to trade and to become Consular stations. The British Government will, further, be free to send officers to reside at Chung-k'ing to watch the conditions of British trade in Szechuen; British merchants will not be allowed to reside at Chung-k'ing, or to open establish- ments or warehouses there, so long as no steamers have access to the port. When steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration.

It is further proposed as a measure of compromise that at certain points on th shore of the Great River, namely, Tat'ung and Ngan-Ching in the province of An- hui; Ho-Kou, in Kiang-si; Wu-such, 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 shall 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.

Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, 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 collected on all goods whatever by the native authorities. Foreign merchants will not be authorised to reside or open houses of business or warehouses at the places enumerated as ports of call.