674008-1884-Government-Notification-No-315 — Page 2

706

THE HONGKONG GOVERNMENT GAZETTE, 30TH AUGUST, 1884.

The Diplomatic Representatives and Consular functionaries of both countries shall freely enjoy the same facilities for communication, personally or in writing, with the authorities of the country where they respectively reside, together with all other privileges and immunities as are enjoyed by Diplo- matic or Consular functionaries in other countries.

2. The Diplomatic Representative and the Consular functionaries of each Power and the members of their official establishments shall have the right to travel freely in any part of the dominions of the other, and the Corean authorities shall furnish passports to such British officers travelling in Corea, and shall provide such escort for their protection as may be necessary.

3. The Consular officers of both countries shall exercise their functions on receipt of due authori- zation from the Sovereign or Government of the country in which they respectively reside, and shall not be permitted to engage in trade.

ARTICLE III.

1. Jurisdiction over the persons and property of British subjects in Corea shall be vested exclusi- vely in the duly authorized British judicial authorities, who shall hear and determine all cases brought against British subjects by any British or other foreign subject or citizen without the intervention of the Corean authorities.

2. If the Corean authorities or a Corean subject make any charge or complaint against a British subject in Corea, the case shall be heard and decided by the British judicial authorities.

3. If the British authorities or a British subject make any charge or complaint against a Corean subject in Corea, the case shall be heard and decided by the Corean authorities."

4. A British subject who commits any offence in Corea shall be tried and punished by the British judicial authorities according to the laws of Great Britain.

5. A Corean subject who commits in Corea any offence against a British subject shall be tried and punished by the Corean authorities according to the laws of Corea.

6. Any complaint against a British subject involving a penalty or confiscation by reason of any breach either of this Treaty or of any regulation annexed thereto, or of any regulation that may here. after be made in virtue of its provisions, shall be brought before the British judicial authorities for decision, and any penalty imposed, and all property confiscated in such cases, shall belong to the Corean Government.

7. British goods, when seized by the Corean authorities at an open port, shall be put under the seals of the Corean and the British Consular authorities, and shall be detained by the former until the British judicial authorities shall have given their decision. If this decision is in favour of the owner of the goods, they shall be immediately placed at the Consul's disposal. But the owner shall be allowed to receive them at once on depositing their value with the Corean authorities pending the decision of the British judicial authorities.

8. In all cases, whether civil or criminal, tried either in Corean or British Courts in Corea, a properly authorized official of the nationality of the plaintiff or prosecutor shall be allowed to attend the hearing, and shall be treated with the courtesy due to his position. He shall be allowed, when- ever he thinks it necessary, to call, examine, and cross-examine witnesses, and to protest against the proceedings or decision.

9. If a Corean subject who is charged with an offence against the laws of his country takes refuge on premises occupied by a British subject, or on board a British merchant-vessel, the British Consular authorities, on receiving an application from the Corean authorities, shall take steps to have such person arrested and handed over to the latter for trial. But, without the consent of the proper British Consular authority, no Corean officer shall enter the premises of any British subject without his con- sent, or go on board any British ship without the consent of the officer in charge.

10. On the demand of any competent British Consular authority, the Corean authorities shall arrest and deliver to the former any British subject charged with a criminal offence, and any deserter from a British ship of war or merchant-vessel.

ARTICLE IV.

1. The ports of Chemulpo (Jenchuan), Wönsan (Gensan) and Pusan (Fusan), or, if the latter port should not be approved, then such other port as may be selected in its neighbourhood, together with the city of Hanyang and of the town of Yanghwa Chin, or such other place in that neighbour- hood, as may be deemed desirable, shall, from the day on which this Treaty comes into operation, be opened to British commerce.

2. At the above-named places British subjects shall have the right to rent or to purchase land or houses, and to erect dwellings, warehouses, and factories. They shall be allowed the free exercise of their religion. All arrangements for the selection, determination of the limits, and laying out of the sites of the foreign Settlements, and for the sale of land at the various ports and places in Corea open to foreign trade, shall be made by the Corean authorities in conjunction with the competent Foreign authorities.