Directory_and_Chronicle_1935 — Page 63

Directories & Chronicles 香港指南 All

TREATY OF COMMERCE AND NAVIGATION

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with the laws of the country, freely to export the proceeds of the sale of their pro- perty and their goods in general without being subjected as foreigners to other or higher duties that those to which subjects of the country would be liable under similar circumstances.

6. They shall enjoy constant and complete protection and security for their persons and property; shall have free and easy access to the Courts of Justice and other tribunals in pursuit and defence of their claims and rights; and shall have full liberty, equally with native subjects, to choose and employ lawyers and advocates to represent them before such Courts and tribunals; and generally shall have the same rights and privileges as native subjects in all that concerns the administration of justice.

7. They shall not be compelled to pay taxes, fees, charges, or contributions of any kind whatever other or higher than those which are or may be paid by native subjects or the subjects or citizens of the most favoured nation.

8. And they shall enjoy a perfect equality of treatment with native subjects in all that relates to facilities for warehousing under bond, bounties, and drawbacks.

Art. II. The subjects of each of the high contracting parties in the territories of the other shall be exempted from all compulsory military services, whether in the army, navy, national guard, or militia; from all contributions imposed in lieu of personal service; and from all forced loans and military requisitions or contributions unless imposed on them equally with native subjects as owners, lessees, or occupiers of immovable property.

In the above respects the subjects of each of the high contracting parties shall not be accorded in the territories of the other less favourable treatment than that which is or may be accorded to subjects or citizens of the most favoured nation.

Art. III.-The dwellings, warehouses, manufactories, and shops of the subjects of each of the high contracting parties in the territories of the other, and all pre- mises appertaining thereto used for lawful purposes, shall be respected. It shall not be allowable to proceed to make a domiciliary visit to, or a search of, any such buildings and premises, or to examine or inspect books, papers, or accounts, except under the conditions and with the forms prescribed by the laws for native subjects.

Art. IV. Each of the high contracting parties inay appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents in all ports, cities, and places of the other, except in those where it may not be convenient to recognise such officers.. This exception, however, shall not be made in regard to one of the high contracting parties without being made likewise in regard to all other Powers.

Such Consuls-General, Consuls, Vice-Consuls, and Consular Agents, having re- ceived exequaturs or other sufficient authorisations from the Government of the country to which they are appointed, shall have the right to exercise their functions, and to enjoy the privileges, exemptions, and immunities which are or may be granted to the Consular officers of the most favoured nation. The Government issuing ex- equaturs or other authorisations has the right in its discretion to cancel the same on explaining the reasons for which it is thought proper to do so.

Art. V. In case of the death of a subject of one of the high contracting parties in the territories of the other, without leaving at the place of his decease any person entitled by the laws of his country to take charge of and administer the estate, the competent Consular officer of the State to which the deceased belonged shall, upon fulfilment of the necessary formalities, be empowered 10 take custody of and administer the estate in the manner and under the limitations prescribed by the law of the country in which the property of the deceased is situated.

The foregoing provision shall also apply in case of a subject of one of the high contracting parties dying outside the territories of the other, but possessing property therein, without leaving any person there entitled to take charge of and administer the estate.

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