NUMBER 1895/5. FRANCE AND CHINA. Additional Convention to the Supplementary Commercial Convention of June 26, 1887.*-June 20, 1895. The President of the French Republic and His Majesty the Emperor of China, being desirous of encouraging and extending along the Sino-Annamite frontier, henceforth defined as far as the Mekong,† the extension of commercial relations between the two countries and of insuring the execution of the treaty of commerce signed at Tientsin, April 25, 1886, as well as of the Supplementary Convention, signed at Peking, June 26, 1887, have decided to conclude an Additional Convention, containing several new provisions and modifying certain of the provisions included in the previous documents. For this purpose the two High Contracting Parties have named as their respective Plenipotentiaries, to wit: The President of the French Republic, M. Auguste Gérard, Minister Plenipotentiary, Envoy Extraordinary of the French Republic in China, Officer of the Legion of Honor, etc., etc., and His Majesty the Emperor of China, His Highness Prince K'ing, Prince of the first rank, President of the Tsung-li Yamen, etc., etc., and His Excellency Hsü Yung-i, member of the Tsung-li Yamen and of the Grand Council of the Empire, etc., etc. Who having communicated their full powers, which have been recognized as in good and due form, have agreed on the following articles: ARTICLE I.-Consular agent at Tong-hing. It is agreed, so as to insure the policing of the frontier, that the French Government will have the right of maintaining an agent of the Consular order at Tong-hing opposite Monkay on the frontier of Kwang-tung. A further regulation will determine the conditions under which should be exercised, by agreement between the French and Chinese authorities, the mutual police of the Sino-Annamite frontier.‡ ARTICLE II.—Lung-chou, Mëng-tse, and Hok'ou opened to trade.-Article II of the Additional Convention, signed at Peking, June 26th, 1887, is modified and completed as follows: It is agreed between the High Contracting Parties that the town of Lungchou in Kwang-si and that of Mêng-tse in Yün-nan are open to Franco-Annamite commerce. It is furthermore understood that the locality open to commerce on the river route of Lao-kay to Mêng-tse will no longer be Man-hao, but Ho-k'ou, *Translation, as given in Rockhill, p. 21, from the French text as printed in Doc. Dipl., Chine, 1894-1898, p. 16. Printed also in B. & F. State Papers, vol. 87, p. 525; Customs, Vol. I, p. 937; Hertslet, p. 323; Recueil, p. 19; Reinach, p. 331. This was done by the complementary convention of June 20, 1895, to the Convention for the boundary delimitation between Tongking and China, signed June 26, 1887 (No. 1895/4, ante.) See Note 1 to this document, post, p. 32. and that the French Government shall have the right of maintaining at Hok'ou an Agent under the Consul at Mêng-tse, at the same time the Chinese Government will keep a Customs agent there. ARTICLE III.—Ssu-mao opened to trade.—It is agreed that the town of Ssumao in Yün-nan shall be open to Franco-Annamite commerce, like Lung-chou and Mêng-tse, and that the French Government will have the right, as in the other open ports, of maintaining a Consul there, at the same time the Chinese Government can keep a Customs agent. The local authorities will exert themselves to facilitate the installation of the French Consul in a suitable residence. Frenchmen and French protégés may establish themselves at Ssu-mao under conditions provided for by Articles VII, X, XI, XII, and others of the Treaty of June 27, 1858; as well as by Article III of the Convention of April 25, 1886. Goods destined for China can be transported by the rivers, particularly the Lo-so and the Mekong as well as by land routes, and particularly by the official road, leading either from Mong-lê, or from I-pang to Ssu-mao and P'u-erh, the duties which these goods will be subject to being paid at Ssu-mao. ARTICLE IV.-Transit of goods across Chinese-Annam frontier. Regulations.-Article IX of the Commercial Convention of April 25, 1886, is modified as follows: (1) Chinese goods in transit from one or the other of the four towns open to commerce on the frontier, Lung-chou, Mêng-tse, Ssu-mao and Ho-k'ou, in passing through Annam, will pay, on leaving, duties reduced by four-tenths. A special certificate will be delivered setting forth the payment of this duty, and destined to accompany the goods. When they have come to the other town, they shall be exempt from the payment of import duty. (2) Chinese goods exported from the four above-named localities and transported to Chinese maritime or river ports, open to commerce, shall pay on passing the frontier export duty reduced by four-tenths. A special certificate will be delivered setting forth the payment of this duty, and destined to accompany the goods. When they shall arrive at one of the maritime or river ports open to commerce, they shall pay the half re-importation duty in conformity with the general rule for all goods of like nature in the maritime or river ports open to commerce. (3) Chinese goods transported from Chinese maritime or river ports open to commerce, by way of Annam, towards the four above named localities, shall pay on crossing (the frontier) full duty. A special certificate will be delivered, setting forth the payment of this duty, and destined to accompany the goods. When they shall arrive at one of the frontier customs stations they shall pay on entry half re-importation duty based on the reduction by four-tenths. (4) The above mentioned Chinese goods, when accompanied by the special certificate above mentioned, shall, before passing through the customs on exportation, or after passing through the customs on re-importation, be subject to the regulations governing native Chinese goods. ARTICLE V.-Mining in Yünnan, Kwang-si, and Kwang-tung.§-It is un§ See Note 2 to this document, post, p. 34. derstood that China, for the exploitation of its mines in the provinces of Yünnan, Kwang-si, and Kwang-tung, may call upon, in the first instance, French manufacturers and engineers, the exploitation remaining nevertheless subject to the rules proclaimed by the Imperial Government as regarding national industries. It is agreed that railways either those already in existence, or those projected in Annam may, after mutual agreement, and under conditions to be defined, be continued on Chinese territory. ARTICLE VI.—Extension of telegraph lines.—Article II of the Telegraphic Convention between France and China, signed at Chefoo, December 1, 1888, is completed as follows: D.-A junction shall be made between the Secondary Prefecture of Ssumao and Annam by two stations, which shall be Ssu-mao in China and Muangha-hin (Muong-ngay-neua) in Annam, midway between Lai-chou and Luang Prabang. The tariff shall be fixed in conformity with Article VI of the Telegraphic Convention of Chefoo. ARTICLE VII.-Provisions of Convention not to extend beyond localities named. It is agreed that the commercial stipulations contained in the present Convention being of a special nature, the result of mutual concessions resulting from the needs of the relations between Lung-chou, Ho-k'ou, Mêng-tse, Ssu-mao, and Annam, the benefits resulting therefrom shall not be appealed to by the subjects and the protegés of the two High Contracting Parties except at the localities as well as on the river and land routes of the frontier here set forth. ARTICLE VIII.—The present stipulations shall come into force as if they were inserted in the text of the Additional Convention of June 26, 1887. ARTICLE IX.-Former treaties remain in force.-The terms of former Treaties, Agreements and Conventions between France and China, not modified by the present Treaty shall remain in full force. The present Complementary Convention shall be ratified at once by His Majesty the Emperor of China, and after it shall have been ratified by the President of the French Republic, the exchange of ratifications shall take place at Peking with the least delay possible. Done at Peking in four copies 20th June 1895, corresponding to the 28th day of the 5th moon of the 21st year Kwang-hsü. (Signed) (Signed) (Signed) A. GÉRARD. Identic Note Explanatory of the Provisions of the Commercial Convention between France and China of June 20, 1895, and of the Railway Contract of June 5, 1896.|| THE TSUNG-LI YAMEN TO MR. GÉRARD, MINISTER OF THE FRENCH REPUBLIC AT PEKING. 13TH DAY, 5TH MOON, 23D YEAR KUANG-HSU (12 June 1897). The Imperial Government of China and the Government of the French Republic, animated with a mutual and equal desire to facilitate and develop, in conformity with treaties and conventions, and as evidence of their feelings of concord, neighborly and commercial relations between China and Annam, have striven by an interchange of views and an agreement between our Yamen and the Legation of the Republic, to define more precisely and clearly the carrying out of certain provisions of the convention made between China and France. With this object in view, our Yamen and the Legation of the Republic have agreed on the three following formulas: 1o. It is understood that in compliance with Article V of the Commercial Convention of June 20, 1895, as well as the contract of June 5, 1896, between the Compagnie de Fives-Lille and the official Administration of the Dong-dang and Lung-chou Railroad, and the despatches exchanged the 2d and 25th June of the same year between our Yamen and the Legation of the Republic, if the Compagnie de Fives-Lille has satisfactorily succeeded, and as soon as the line from Dong-dang to Lung-chou shall be finished, a request will of necessity be made it to continue the said line in the direction of Nan-ning and Pe-se. 2o. It is understood, in compliance with Article V of the Complementary Commercial Convention of June 20, 1895, that in the three southern border provinces, Kuang-tung, Kuang-si and Yün-nan, the Chinese Government may call upon French engineers and manufacturers for working mines. 3o. It is understood that China shall undertake works for the improvement of navigation on the upper Red River, and that in the interest of commerce she will grade and improve the route from Ho-k'ou to Man-hao and Meng-tse as far as the provincial capital. It is understood furthermore that the right will be conceded to construct a railway communication between the Annam frontier and the provincial capital, either by way of the Pe-se river region, or by that of the upper Red River; the (preliminary) studies and the carrying out by China to be done gradually. These formulas are incorporated in the present exchange of despatches as evidence. Our Yamen and the Legation of the Republic, faithful interpreters of the mutual opinion of the two Governments, agree that these formulas are intended to define certain provisions of the conventions previously concluded be Translation. Documents Diplomatiques, Chine, 1894-1898, p. 39. An identic note bearing the same date was sent to the Tsung-li Yamen by Mr. Gerard. See ibid., p. 38. tween the two Governments, and to insure their effectual carrying out in a spirit of mutual confidence and good will, and in the equal interest of the two countries. (Follow the signatures of the President and the Members of the Tsung-li Yamen.) Note 1. The Regulations for the carrying out of a mixed police service on the Sino-Annamite frontier, of which a translation follows, were agreed upon between the Tsung-li Yamen and the French Legation at Peking, May 7, 1896: 66 Regulations for Mixed Police on Sino-Annamite Frontier.-May 7, 1896. SECTION 1.-Mixed Commissions for the policing of the Sino-Annamite frontier. "ARTICLE I.—The whole of the Sino-Annamite frontier is divided, for the purposes of the mixed police service to be maintained by the Chinese Government and the Government of the Protectorate of Annam, into three sections, as follows: 1st section: The frontier between the Province of Kwangtung, and Annam; 2nd section: The frontier between the Province of Kwangsi, and Annam; 3rd section: The frontier between the Province of Yunnan, and Annam. 'ARTICLE II.—In each of the sections of frontier specified in the preceding article, the police service is directed by a Mixed Commission composed of one French Commissioner and one Chinese Commissioner. "ARTICLE III.—The French Commissioner has authority over the officers and functionaries of the region of Annam corresponding to the section of frontier placed under his supervision, in so far as concerns the carrying out of the police service. He is directly subordinate to the Governor General of Indo-China. "The Chinese Commissioner has authority over the officers and functionaries of the Chinese Province corresponding to the section of frontier placed under his supervision, in so far as concerns the carrying out of the police service. He is directly subordinate to the Viceroy and the Governor of the province. ARTICLE IV.-The places of residence of the French Commissioners are as follows: 1st frontier section: Moncay; 2nd frontier section: Langson; 'The places of residence of the Chinese Commissioners are as follows: 1st frontier section: Tong-hing; 3rd frontier section: Ho-k'cou. "ARTICLE V.-The residences of the French and Chinese Commissioners who constitute a single Mixed Commission will be connected by a telephone or telegraph line. "SECTION 2-Means of policing the frontier. "ARTICLE VI.-The policing of the frontier is carried out by means of double military posts made up of the regular troops of the two countries. "ARTICLE VII.-Each double military post comprises a French post and a Chinese post, situated on either side of the frontier, upon the same route (voie de pénétration). "In places where the configuration of the country is such as not to permit of the establishment of encampments, they may be so established as to confront each other at some distance to the one side or the other (pourront être établis de façon à se faire face de plus loin sur le côté, à droite ou à gauche), taking care always that they should be within sight of each other and in cooperation. 66 ARTICLE VIII.-Each French or Chinese military post comprises an effective minimum of thirty regular soldiers under arms. It is commanded by an officer. 64 ARTICLE IX.-At each double military post, the French and the Chinese post will as soon as possible be connected by a telephone or telegraph line. "ARTICLE X.-The double military posts are established at the following passages: 1st. Moncay, Tong-hing; |