hatches and place Customs officers on board to accompany vessels up or down river.

N.B.-The Customs Clearance or Grand Chop is simply a receipt for Dues and Duties, on the exhibition of which the Treaties entitle vessels to recover the papers deposited at the Consulate. It is the Consular Clearance, and not the Customs Grand Chop, that specifies the port to which a vessel is to go and constitutes her Port Clearance.

III. RIVER PASS STEAMERS.

12. Chinkiang and up-river procedure.-Steamers plying under the "River Pass" on arrival at a port, whether bound up or down river, shall exhibit that document to the Customs.

13. River Pass steamer imports.-River Pass steamers having on board cargo to be discharged shall deliver the Cargo Certificate for the port concerned and which was issued at the port of shipment, together with the inward manifest signed by the master and the Tonnage Dues Certificate, to the Customs, whereupon consignees of import cargo may hand in Applications containing all necessary particulars, and submit their consignments to Customs examination; after payment of Duties they will be granted Release Permits. For the discharge of a river steamer's total manifested cargo into registered cargoboats, hulks, and godowns, a General Transhipment Permit can be obtained on complying with the special rules therewith connected. No cargo shall leave cargo-boats, hulks, or godowns without a Permit. Merchandise arriving in excess of the quantity noted in the Cargo Certificate or manifest is liable to confiscation. The importing vessel will be held responsible for the Duties of all goods entered on the Cargo Certificate and not landed.

14. River Pass steamer exports.—Goods for shipment by River Pass steamers must be reported for examination, pay Duties, and take out Shipment Permits in just the same way as goods for shipment by other vessels.

15. Customs Clearance.-River Pass steamers neither landing nor shipping cargo may proceed on their voyage after the inspection of the River Pass by the Customs. Steamers with cargo to land or ship are to hand the export manifest to the Customs when they have completed landing and shipment; the Cargo Certificates will then be issued and the River Pass and Tonnage Dues Certificate returned to the master; the steamer may then proceed on her voyage.

IV. SMALL CRAFT (LORCHAS, PAPICOS, CHARTERED JUNKS, ETC.).

16. Lorchas, etc.-Small craft (lorchas, papicos, junks, etc) owned or chartered by Foreigners will be treated in accordance with the Yangtze Regulations of 1898. They are to take up the berths assigned in the proper anchorage, and report, work cargo, and pay Duties, etc., like sea-going Special River Pass vessels. Chartered junks are only available for carrying Foreign-owned cargo from Treaty port to Treaty port, and must take out special papers at the Customs in exchange for properly executed Bonds.

17. Steam-launches.-All steam-launches, etc., must be registered at the

Custom House. The fee for first issue of Customs papers is Hk. Tls. 10 and for each annual renewal Hk. Tls. 2.

V.-ADDITIONAL

18. Office hours.-The office will be open for the transaction of general business from 10 A.M. to 4 P.M., Sundays and holidays excepted. All export manifests and Applications for cargo to be shipped by steamers clearing the same day should be in the office by 3 P.M. All communications regarding Customs business should be addressed to the Commissioner of Customs.

The above regulations are open to revision when and if necessary.

CUSTOM HOUSE,

.189...

Commissioner of Customs.

NUMBER 1898/19.

FRANCE AND GREAT BRITAIN.

Exchange of notes respecting the reciprocal protection of trademarks in China.*— August 29, 1898.

(1).—M. Goeffray to the Marquess of Salisbury.

M. LE MARQUIS,

London, April 20, 1898.

Your Lordship is not unaware that the arrangement effected in 1895 between the French and English Governments, with a view to assuring the reciprocal protection, in Morocco, of French trade-marks regularly registered in England, and of English marks regularly registered in France, has brought about the most satisfactory results in repressing counterfeits in the States of His Shereefian Majesty.

In view of this fortunate result, my Government, deeming that it would be of use to make a new application of the principle of mutual assurance thus consecrated in the notes exchanged in 1894 between France and England at Tangier, has instructed me to inquire of Your Lordship whether the Government of His Britannic Majesty would not be disposed to conclude a new arrangement, which in this case would be directed towards assuring the reciprocal protection, in China, of French and English marks, on the same conditions upon which the

* (1) Translated from French text, as printed in Hertslet, p. 585; (2) text as there printed.

agreement concerning Morocco was drawn up. If so, M. Hanotaux considers that the arrangement to be reached could take the form of an exchange of notes between the British Cabinet and the Ambassador of the Republic in London: and he is glad to believe that Your Lordship will prove conscious of the usefulness which such an agreement would possess, at a time when China, whose legislation assures no serious protection to trade-marks, is opening its markets more widely to the products of European industry.

I should be greatly obliged if Your Lordship would be so good as to advise me what action seems possible to you in reference to the present communication. I venture to take this occasion to recall to Your Lordship the overtures that the French Ambassador made to the British Cabinet, under date of May 14, 1896, with a view to arriving at an arrangement of the same character in regard. to the Ottoman Empire.

Accept, &c.

(Sgd.) GEOFFRAY.

SIR,

(2).—Mr. Balfour to M. Geoffray.

Foreign Office, August 29, 1898.

your note of the 20th of April last you conveyed to the Marquess of Salisbury the wish of the French Government to enter into an arrangement with this country for the mutual protection of trade-marks in China similar to that concluded in Morocco between Great Britain and France in the year 1895.

I have the honour to inform you that it has been necessary, before a definite answer could be sent to you, to consult the Board of Trade, and the Law Officers of the Crown, which has led to some delay.

I have now, however, the pleasure of stating that Her Majesty's Government are prepared to enter into an arrangement such as you propose for the protection of the trade-marks of the two countries in China, which will enable French nationals to obtain protection in the British Consular Courts by registering their marks in this country in cases in which they can be properly registered under English law, and at the same time obtain for British nationals who register their marks in France the protection of the French Consular Courts.

The necessary steps are being taken for the issue of an Order in Council. to give effect to such an arrangement.

I have, &c.

A. J. BALFOUR.

NUMBER 1898/20.

GREAT BRITAIN (British and Chinese Corporation, Ltd.) AND CHINA. Shanhaikuan-Newchwang Railway Loan Agreement.*-October 10, 1898.

This Agreement is made between his Excellency Hü, Governor of Peking, as Administrator-General of the Railways of North China within and without Shan-hai-kuan, acting under the authority of the Imperial Chinese Government, hereinafter called the "Administrator-General," of the one part, and the Hong Kong and Shanghae Banking Corporation, for themselves and on behalf of the British firm of Jardine, Matheson, and Co., representing as joint agents the British and Chinese Corporation (Limited), hereinafter called the "Corporation," of the other part:

Whereas, on the 7th day of June, 1898, being the 19th day of the 4th month of the 24th year of the Emperor Kuang-Hsü, a preliminary Agreement was signed at Peking † between the Administrator-General and the Hong Kong and Shanghae Banking Corporation, representing a British Syndicate, for a sterling loan for the equivalent of about 16,000,000 taels for the construction of a railway line from Chung-hou-so to Hsin-ming-t'ing and a branch line to Ying-tzu, and for the redemption of existing loans made to the Tien-tsin-Shan-hai-kuan and Tien-tsin-Lukouchiao Railway lines; and

Whereas in terms of the preliminary Agreement a period of three months from its date was allowed to the Syndicate to accept or decline its conditions; and Whereas the Hong Kong and Shanghae Banking Corporation, before the expiration of the period named, duly notified the Administrator-General that it is prepared, with certain modifications, to arrange the issue of the loan upon the conditions named in the preliminary Agreement: It is now agreed as follows:

1.-The Corporation agrees to issue on behalf of the Administrator-General a sterling loan for the amount of 2,300,000l., the proceeds of which are to be applied in the order following:

(1.)-To the redemption forthwith or at maturity of the loans and advances specified in the statement attached to this Agreement which have been made by foreign banks to the Tien-tsin-Shan-hai-kuan and the Tien-tsin-Lukouchiao Railway lines. The Administrator-General hereby certifies that the total amount of the liabilities due by the lines named does not exceed the sum of 3,000,000 taels.

*Text as reprinted in Rockhill, p. 322, from China (1899), No. 2, p. 29. Printed also in F. E. Review, vol. 5, p. 132; Kent, p. 205; Wang, p. 93.

In connection with this agreement see also the Agreement for the transfer of the PekingShanhaikuan Railway to the Chinese Civil Administration, and the Additional Agreement respecting the management of the northern railways, April 29, 1902 (No. 1902/4, post); and Agreement concerning the Peking-Mukden Railway, March 25, 1908 (No. 1908/5, post). The Shanhaikuan-Newchwang Railway constitutes a portion of the line formerly known as the Imperial Railways of North China, and more recently as the Peking-Mukden or Ching-Feng Railway.

See Note 1 to this document, post, p. 179.
See Note 2 to this document, post, p. 181.

(2.) To the carrying out within a period of three years from the date of this Agreement of certain improvements and additions to rolling-stock on the existing lines between Peking and Shan-hai-kuan, recommended by the European Chief Engineer, and estimated by him to cost about 1,500,000 taels.

(3.) To the construction of a railway line from Chung-hou-so to Hsinming-t'ing, and one from a point on that line near Shih-san-chan to Ying-tzu, and of a branch line from Nu-erh-ho to the collieries of Nan P'iao.§

The Administrator-General engages that the construction of the new lines here specified shall be completed within a period of three years from the date of this Agreement.

2. In the event of the proceeds of this loan being insufficient for the completion of the new lines here specified, the Administrator-General will provide or will arrange with the Imperial Government of China to provide funds from other sources sufficient to complete their construction.

3. This loan shall be a first charge upon the security of the permanent way, rolling-stock, and entire property, with the freight and earnings of the existing lines between Peking and Shan-hai-kuan, and on the freights and earnings of the new lines when constructed. The Administrator-General shall, during the continuance of this loan, maintain the railway buildings, works, rollingstock, and dependencies in good order and condition, and shall increase the rolling-stock from time to time to such extent as shall be necessary for the requirements of the traffic.

Should it be decided hereafter to construct branch lines or extensions connecting with the lines herein named, their construction shall be undertakert by the Railway Administration, and should the funds of the Railway Administration be insufficient for that purpose, it shall apply to the Corporation for the

same.

4. The principal and interest of this loan are guaranteed by the Imperial Government of China, and in the event of default in payment of interest or repayment of principal at due date, the Corporation shall immediately notify the Imperial Government of China thereof, and the Imperial Government of China will thereupon provide the funds necessary to meet such payment in sterling in London. In the event of the Imperial Government of China being unable to provide the funds necessary to meet a payment of interest or principal when called upon by the Corporation to do so in terms of this clause, the said railway lines and the entire property shall thereupon be handed over to representatives deputed by the Corporation to manage, on their behalf, until principal and interest of the loan have been redeemed in full, when the management will revert to the Railway Administration. It is provided that should arrears of interest or principal be for a small sum, and it appear desirable to the Corporation to extend the due date of their payment for a term not exceeding three months, it shall be open to the Corporation to do so.

This arrangement, which differs from other contracts in that the Administrator-General retains control of the railway lines so long as the principal and interest of this loan are regularly paid, has been agreed to in consequence of

See Note 3 to this document, post. p. 181.