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through the Imperial Maritime Customs. The high provincial officials shall be held responsible that the officer guilty of the illegal action shall be severely punished and removed from his post. If the complaint is shown to be frivolous or malicious, the complainant shall be held responsible for the expenses of the investigation.
THE HONGKONG WEEKLY PRESS AND | observed. The residence of citizens of the United States in connection with such mining operations shall be subject to such regulations as shall be agreed upon between the United States and China.
Any mining concession granted after the publication of such new rules shall be subject to their provisions.
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[October 19, 1903. agrees to protect trade-marks, to all citizens of the United States who are a
authors, designers or proprietors of any book, map, print or engraving especially prepared for the use and education of the Chinese people, or translation into Chinese of any book, in the exclusive right to print and sell such book, map, print, engraving or translation in When the ratifications of this Treaty shall
ARTICLE VIII.
the Empire of China during ten years from have been exchanged by the High Contracting Drawback certificate for the return of the date of registration. With the exception Parties hereto, and the provisions of this duties shall be issued by the Imperial Mari- of the books, maps, etc., specified above, which Article shall have been accepted by the time Customs to citizens of the United States may not be reprinted in the same form, no. Powers having treaties with China, then a
within three weeks of the presentation to the work shall be entitled to copyright privileges date shall be agreed upon when the provis Customs of the papers entitling the applicant under this article. It is understood that ions of this Article shall take effect, and ant receive such drawback certificates, and Chiness subjects shall be at liberty to make, Imperial Edict shall be published in due they shall be receivable at their face value in print and sell original translations into form on yellow paper and circulated through-
payment of duties of all kinds (tonnage dues Chinese of any works written or of maps out the Empire of China setting forth the exceptc) at the port of issue; or shall, in compiled by a citizen of the United States. abolition of all lekin tagation, duties on goods the case of drawbacks on foreign goods reThis article shall not be held to protect in transit, offices, stations and barriers for
exported within three years from the date of against due process of law any citizen of the collecting the same, and of all descriptions of importation, be redeemable by the Imperial United States or Chinese subject who may internal taxation on foreign goods, and the Maritime Customs in full in ready money at be author, proprietor or seller of any publica- imposition of the surtax on the import of the port of issue, at the option of the holders tion calculated to injure the well-being of foreign goods and on the export of native thereof. But if, in connection with any goods, and the other fiscal changes and application for a drawback extificate, thi ref rms provided for in this Article, all of Customs authorities discover an attempt to which shall take effect from the said date.defraud the revenue, the applicant shall be The Edict shall state that the provincial high dealt with and punished in accordance with officials are responsible thit any official the stipulations provided in the Treaty of disregarding the letter or the spirit of its Tientsin, Article XXI. in the case of detectel injunction shall be severely punished and frauds on the revenue. In case the goods removed from his post!
have been removed from Chinese territory, then the Consul shall inflict on the guilty party a fine to be paid to the Chinese Government.
ARTICLE V.
The tariff duties to be paid by citizens of the United States on goods imported into China shall be as set forth in the schedule annexed h reto and made part of this Treaty, subject only to such amendments and changes
as
are authorised by Article IV. of the present convention or as may hereafter be agreed upon by the present High Contracting Parties. It is expressly agreed, however, that citizens of the United States shall at no time pay other or higher duties than those paid by the citizens or subjects of the most favoured nation.
Conversely, Chinese subjects shall not pay higher duties on their imports into the United States than those paid by the citizens or subjects of the most favoured nation.
ARTICLE VI.
The Government of China agrees to the establishment by citizens of the United Chinese authorities as bonded warehouses at States of warehouses approved by the proper the several open ports of China, for storage, re-packing, or preparation for shipment of lawful goods, subject to such needful regula tions for the protection of the revenue of China, including a reasonable scale of fees according to commodities, distance from the custom house and hours of working, as shall be made from time to time by the proper officers of the Government of China.
ARTICLE VII
The Chinese Government, recognising that it is advantageous for the country to develop its mineral resources, and that it is desirable to attract foreign as well as Chinese capital to embark in mining enterprises, agrees, within one year from the signing of this Treaty, to initiate and conclude the revision of the existing mining regulations. this end China will, with all experi. tion and earnestness, go into the whole question of mining rules; and, select ing from the rules of the United States and other countries regulations which seem applicable, to the conflition of China, will recast its present mining rules in such a way as, while promoting the interests of Chinese subjects and not injuring in any way the sovereign rights of China, will offer no impediment to the attraction of foreign capital nor place foreign capitalists at a greater disadvantage than they would be under generally accepted foreign regulations; and will permit citizens of the United States to carry on in Chinese territory mining operations and other necessary business relating thereto, provided they comply with the new regulations and conditions which ay be imposed by China on its subjects and foreigners alike, relating to the opening of mines, the renting of mineral land, and the payment of royalty and provided they apply for permits, the provisions of which in regard necessary business relating to such operations shall be
1
ARTICLE IX.
Whereas the United States undertakes to protect the citizens of any country in the exclusive use within the United States of any lawful trade-marks, provided that such coun- try agrees by treaty or convention to give like protection to citizens of the United
States:-
Therefore the Government of China, in
order to secure such protection in the United States for its subjects, now agrees to fully protect any citizen, firm or corporation of the United States in the exclusive use in the Empire of China of any lawful trade-mark to the exclusive use of which they are entitled in the United States, or which they have adopted and used, or intend to adopt and use as soon as registered, for exclusive use within Government agrees to issue by its proper the Empire of China. To this end the Chinese authorities proclamations, having the force of law, forbidding all subjects of China from infringing on, imitating, colourably imitating, or knowingly passing off an imitation of trade marks belonging to citizens of the United States, which shall have been regis- tered by the proper authorities of the United States, at such offices as the Chinese Govern ment will establish for such purpose, on pay- tion by the Chinese authorities, and in com- ment of a reasonable fee, after due investiga- pliance with reasonable regulations.
ARTICLE X.
China.
ARTICLE XII
The Chinese Government having in 1898 opened the navigable inland waters of the Empire to commerce by all steam vessels, native or foreign, that may be specially regis- tered for the purpose, for the conveyance of passengers and lawful merchandise, citizens, firms and corporations of the United States may engage in such commerce on equal terins with those granted to subjects of any foreign
power.
In case either party hereto considers it ad- vantageous at any time that the rules and regulations then in existence for such com- merce be altered or amended, the Chinese Government agrees to consider amicably and to adopt such modifications thereof as are found necessary for trade and for the benefit
of China
The Chinese Government agrees that, upon theexchange of the ratifications of this Treaty, Mukden and Antung, both in the province of Sheng-king, will be opened by China itself as places of international residence and trade. The selection of fitting localities to be set apart for international use and occupation and the regulations for these places set apart for foreign residence and tray shall be agreed upon by the Governments of the together. United States and China after consultation
ARTICLE XIII.
China agrees to take the necessary steps to provide for a uniform national coinage which shall be legal tender in payment of all duties, taxes and other obligations throughout the Empire of China by the citizens of the United States as well as Chinese subjects. It is understood, however, that all Customs duties shall continue to be calculated and paid on the basis of the
Haikuan Tael.
ARTICLE XIV.
The principles of the Christian religion, as The United States Government allows sub. professed by the Protestant and Roman jects of China to patent their inventions in Catholic Churches, are recognised as teaching men to do good and to do to others as they the United States and protects them in the would have others do to them. Those who use and ownership of such patents. The quietly profess and teach these doctrines Government of China now agrees that it shall not be harassed or persecuted on account
Patent Office. After will establish a this office has been established and special of their faith. Any person, whether citizen laws with regard to inventions have been of the United States or Chinese convert, who, according to these tenets, peaceably teaches the adopted it will thereupon, after
and practises the principles of Christianity payment of the legal fees, issue certi shall in no case be interfered with or molested ficates of protection, valid for a fixed therefor. No restrictions shall be placed on term of years, to citizens of the United Chinese joining Christian churches. Con- States, on all their patents issued by the verts and non-converts, being Chinese United States, in respect of articles the sale subjects, shall alike conform to the laws of of which is lawful in China, which do not China; and shall pay due respect to those in infringe on previous inventions of Chinese authority, living together in peace and amity; subjects, in the same manner as patents are
and the fact of being converts shall not to be issued to subjects of China-
protect them from the consequences of any offence they may have, committed before or may commit after their admission into the church, or exempt them from paying legal taxes levied on Chinese subjects generally, except taxes levied and con- tributions for the support of religions customs and practices contrary to their religion. Missionaries shall not interfere with the exercise by the native authorities of their jurisdiction over Chinese subjects; nor shall the native authorities make any distinction between converts and non-converts, but shall
!
ARTICLE XL
Whereas the Government of the United States engages to give the benefits of its copyright laws to the citizens of any foreign State which gives to the citizens of the United States the benefits of copyright on an equal basis with its own citizens :-
Therefore the Government of China, in order to secure such benefits in the United States for its subjects, now agrees to give full protection, in the same way and manner and subject to the same conditions upon which it'
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