Ta-lung, Chouei-k'eou-kouan (Thuy-kau); 9th. Ly-ban, Li-pan (Ly-pan);

10th. Soc-giang, Ping-meng (Binh-mang).

"ARTICLE XI.-The number and the situation of double military posts, as provided in the preceding article, may be altered by mutual agreement, after previous consultation between the French Government and the Chinese Government. They will remain for the time being undetermined, on the frontier of Yunnan.

"SECTION 3.-Carrying out of the police service on the frontier.

"ARTICLE XII.-In conformity with the provisions of the treaty concluded at Tientsin between France and China, June 9, 1885, Frenchmen or French protégés and foreign residents of Tonkin who should wish to cross the frontier in order to visit China may do so only after having first provided themselves with passports delivered by the Chinese frontier authorities upon the request of the French authorities. For Chinese subjects, an authorization delivered by the imperial frontier authorities will suffice.

"The Chinese subjects who inay desire to go from China into Tonkin by land must be provided with regular passports delivered by the French authorities upon the request of the imperial authorities.

"ARTICLE XIII.-The only points of passage authorized for the people (ressortissants) of the two countries are, without exception, pending further regulations, the ten passages provided in Article X of the present Regulations.

"The authorizations and passports must bear an indication of the passages by which their holders are authorized to cross the frontier.

“ARTICLE XIV.—On passing the double military posts, the authorizations and passports will be visaed by the commander of the French post, and examined by the commander of the Chinese post, to whom they must be presented.

"ARTICLE XV.-In derogation from Articles XII, XIII and XIV of the present Regulations, permanent authorizations for crossing the frontier may be granted, by arrangement between the local authoritites of the two countries and the commanders of the double military posts, to the people (ressortissants) of the two countries and to the foreign residents of Tonkin who, by the requirements of their profession or trade, or of an agricultural enterprise, are obliged to stay on one and the other side of the frontier alternately. "ARTICLE XVI.-The permanent authorizations provided for in the preceding article will be renewable annually, from the 1st to the 10th of January of the French year, but notice to that effect must be given a month in advance to the Chinese authorities, who will inform those concerned.

"ARTICLE XVII.-The permanent authorizations must be registered by the authorities of the two countries who may have delivered them, and they will report them to the Commissioner of their nationality in order that he may keep a record of them in his archives. "SECTION 4.-Carrying out of the police service with respect to gatherings of armed bands.

"ARTICLE XVIII.-Whenever gatherings of pirates may be reported on the territory of Annam, the commander of the French post that may be informed of it must, at each double military post, immediately warn the commander of the Chinese post and the French commissioner in charge of the frontier section in which his post is situated.

"ARTICLE XIX.-Whenever gatherings of pirates may be reported on the territory of China, the commander of the Chinese post that may be informed of it must, at each double military post, immediately warn the commander of the French post and the Chinese Commissioner in charge of the frontier section in which his post is situated.

"ARTICLE XX.-The two Commissioners, after a mutual understanding, will each in what concerns him give the necessary orders in regard to the police measures to be taken against the gatherings reported.

"In each double military post, the commander of the French post and the commander of the Chinese post must communicate to each other the instructions or orders received from the members of the Mixed Commission.

"ARTICLE XXI.-In cases of emergency, the commander of the French post and the commander of the Chinese post, at each double military post, will arrange between themselves for the police measures to be taken and will report these measures to their respective Commissioners.

"ARTICLE XXII.-If pirates, pursued by French troops in Annam, cross the frontier and pass into Chinese territory, word thereof will be given by the near-by French military post to the Chinese military post, or by the commander of the French troops engaged to

the Chinese military chief in the neighborhood, in order that the pursuit may be continued without delay by the Chinese troops, and the pirates be captured.

"In case pirates should cross the frontier in order to pass from China into Annam, the Chinese frontier posts or the Commanders of the Chinese troops engaged would be under the obligation to give notice thereof as soon as possible to the near-by French frontier posts or the Commanders of the French troops in the neighborhood, in order that the pursuit might be continued without delay by the French troops, and the pirates be captured.

'Any negligence or any delay occurring in the pursuit which should thus be continued, or in the notice to be given, will immediately involve the responsibility of the officers in command of the posts or of the troops, and will make them liable to severe penalties. The punishment inflicted will be made known to the Commissioner of the other country belonging to the Mixed Commission concerned.

"SECTION 5.-Responsibility of the Commissioners and of the Commanders of the Double Military Posts.

"ARTICLE XXIII.-The French and the Chinese Commissioners, belonging to a Mixed Commission, who shall not have conformed to the provisions of the present Regulations affecting them, will be the subject of investigations made on either part by the high officials of the two countries, who will determine the responsibilities incurred. When the penalty inflicted by one of the Governments shall have been made known to the other, each will act according to its own laws.

"ARTICLE XXIV.-The commanders of the French or of the Chinese post at double military posts, or the commanders of French or of Chinese troops, who shall not have conformed to the provisions of the present Regulations affecting them, will be the subject of investigations made on either part by the two Commissioners, French and Chinese, belonging to the Mixed Commission charged with the supervision of the frontier section concerned. Each will adjudge the penalty incurred, according to the laws of his own country, and will make it known to the Commissioner of the other country belonging to the Mixed Commission concerned.

"SECTION 6.-Carrying out of the police service in the Archipelago of Tonkin.

"ARTICLE XXV.-Every boat or launch manned by a crew composed of Chinese, and sailing in the waters of Annam, must be provided with a permit delivered and visaed by the French authorities, either administrative or consular, or by the Chinese Maritime Customs or the local Chinese authorities, of the point of departure.

"This permit will state the composition of the crew, the nature of the cargo, and the point for which the vessel is bound.

"The boats of near-by villages coming to markets or fairs, or serving as ferries, which it would be difficult to hold to making an exact statement of the persons aboard them, must receive passports delivered by the local authorities, on the responsibility of the latter, permitting them to sail. The persons and the goods aboard them must be exempted from minute and itemized declarations.

ARTICLE XXVI.-The sailing permit must be presented upon every request by a French war-vessel or by a customs vessel of the Protectorate.

ARTICLE XXVII.-The request provided for in the preceding article will be signified by a blank gun or cannon shot, followed, if necessary, by a second shot.

Any boat which should not obey the request signified as prescribed above would subject itself to being considered a pirate vessel and treated as such.

"ARTICLE XXVIII.-Every boat or launch manned by a crew composed of Chinese, presenting itself at a point on the coast of Annam, must present for the visa of the customs or administrative authorities the sailing permit provided for by Article XXV of the present Regulations."

See also the Arrangement for the maintenance of order on the Sino-Annamite frontier, April 13, 1915, between the Wai Chiao Pu and the French Minister acting in behalf of the Government of Indo-China (No. 1915/4, post), which replaced a similar arrangement of January 4, 1909, between the authorities of China and of Indo-China.

Note 2.

Under date of September 26, 1914, the Chinese Minister for Foreign Affairs (Mr. Sun Pao-ki) addressed to the French Minister in Peking (Mr. Conty) a letter of which the translation is thus given in the F. E. Review, vol. 13, p. 455:

Note regarding Preference to French Nationals in Yunnan and Kwangsi.

September 26, 1914.

"Since there has been disorder on the border of Yunnan and Kwangsi, which has led to misunderstandings, both sides have appointed deputies to investigate and make arrange

ments for the pacification of the locality. Several replies have been sent to Your Excellency, in response to your requests for action to be taken, which we trust have been satisfactory. Now our Government wishes to show in an especial way its friendly intentions. In future if railway or mining enterprises are to be undertaken in the province of Kwangsi, in which foreign capital is required, an offer will first be made to French capitalists. At such a time the higher officials of Kwangsi will ascertain the facts and carry on negotiations with the French Minister. A report will then be made to the Government, which will make a final decision.

"With compliments," etc.

See also the identic notes of June 12, 1897, appended to the text. of this convention.

NUMBER 1895/6.

FRANCE AND RUSSIA (Franco-Russian Syndicate) AND CHINA. Contract for the Chinese four per cent Gold Loan of 1895.*—July 6, 1895. Between the undersigned:

His Excellency Shu King-chen, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of China, acting with full powers from the Imperial Government of China and duly authorized by a decree of His Majesty the Emperor of China, dated Peking, ,-of the one part; and a Syndicate consisting of M. M. Hottinguer & Cie., Paris; La Banque de Paris et des Pays-Bas, Paris; Le Crédit Lyonnais, Paris; La Société Générale pour favoriser le Développement du Commerce et de l'Industrie en France, Paris; Le Comptoir National d'Escompte de Paris, Paris; La Société Générale de Crédit Industriel et Commercial, Paris; La Banque Internationale de Commerce à St.-Pétersbourg, St. Petersburg; La Banque d'Escompte de St.-Pétersbourg, St. Petersburg; La Banque Russe pour le Commerce Etranger, St. Petersburg; and La Banque de Commerce de Volga-Kama, St. Petersburg,-of the other part,

It has been agreed as follows:

1. By virtue of an edict of His Majesty the Emperor of China, the Imperial Government of China will proceed to issue a 4% Gold Loan for a nominal amount of francs 400,000,000 marks 323,200,000 pounds 15,820,000 = Netherland florins 191,200,000 gold roubles 100,000,000.

=

=

This loan will be entitled the "Chinese 4% Gold Loan of 1895" (i. e., Emprunt Chinois 4% Or 1895), and as to capital and interest will be issued in francs, pounds sterling, reichmarks, Netherland florins, and gold roubles, on the basis of frs. 500 mk. 404 = £19/15/6 = Al. 239 = g. rs. 125.

2. By an edict of July 1, 1895 (New Style), His Majesty the Emperor of China legalizes the Chinese 4% Gold Loan of 1895, and has duly authorized his Minister Plenipotentiary at St. Petersburg to conclude and sign the conditions of the loan as stipulated in the following articles.

* Translation from the French text. In connection with this contract, see also the Protocol of exchange of declarations, between Russia and China, concerning this loan, July 6, 1895 (No. 1895/7, post), and the simultaneous Contract of guarantee of the loan by the Russian Ministry of Finance (printed in the note thereto, p. 42, post).

There shall be drawn up a general bond for the whole of the Chinese 4% Gold Loan of 1895, to which will be affixed the legal Chinese signatures. This bond will be turned over to the Banque Internationale de Commerce à St.-Pétersbourg, and each contracting party will receive a copy thereof authenticated by the Imperial Chinese Legation at St. Petersburg. After the complete amortization of the loan, the original will be returned to the Imperial Government of China.

3. On the basis of this general bond, there will be certificates issued for the new loan, divided into 500,000 sets of one bond each, 55,000 sets of five bonds each, and 1,000 sets of twenty-five bonds each-each bond being for frs. 500= mk. 404 £19/15/6 = Al. 239 = g. rs. 125.

=

The certificates for the new loan will be to bearer, and their text will be drawn up in French, English and Russian.

4. The bonds of the present loan will bear interest at 4% per annum upon the nominal principal.

Interest will run from July 1, 1895 (New Style), and will be payable semiannually, to wit, on January 1 and July 1 (New Style) each year.

The loan will be amortized in 36 years, at the furthest, beginning with 1896, by means of drawings by lot, which will take place at the Banque Internationale de Commerce à St.-Pétersbourg in the presence of a delegate of the Chinese Legation, in the month of March, each year, beginning with March, 1896—the date of the first drawing.

There shall be devoted to amortization, each year, 1.288,688% of the nominal amount of the loan, plus 4% of the nominal amount of the bonds already amortized.

The bonds drawn by lot will be paid, beginning with the 1st of July next following, upon the return of the bonds together with their stubs and all the coupons falling due after the time for repayment. The amount of missing coupons will be deducted from the principal to be repaid. The numbers of the bonds drawn at each drawing will be duly published, and will be made the subject of a special list to which will be appended a detailed specification of such bonds as may have been drawn at previous drawings and not yet presented for repayment.

These publications will be made at the expense of the Imperial Government of China, in the Russian newspapers, in two newspapers in Paris, two in Berlin, one in London, one in Amsterdam, one in Frankfurt-on-Main, one in Brussels, and one in Geneva.

Until January 1, 1910, the amortization may not be increased; and until that date, nothing may be done towards converting or repaying the present

loan.

5. The service of the bonds will take place, at the option of the holders, at Paris, Brussels and Geneva, in francs; at Berlin and Frankfurt-on-Main, in reichmarks; at London, in pounds sterling; at Amsterdam, in Netherland florins; at St. Petersburg, in gold roubles (in accordance with the Monetary Law of December 17/29th, 1885),-all at the equivalents mentioned in Article 1.

6. The bonds and coupons of the present loan will be forever exempt from

all present or future Chinese tax, as well as from any other levy on the part of China.

7.-Upon the exhaustion of the sheets of coupons of the bonds, and upon the return of the stubs belonging to bonds not yet drawn by lot, the Banque Internationale de Commerce à St.-Pétersbourg will, at the expense of the Imperial Government of China, have new sheets of coupons made, which will be delivered to the holders without any expense to them, and free of any Chinese

tax.

8. The following offices will be exclusively entrusted with the service of the Chinese 4% Gold Loan of 1895:

In Paris-M.M. Hottinguer & Cie.; La Banque de Paris et das Pays-Bas; Le Crédit Lyonnais; La Société Générale pour favoriser le Développement du Commerce et de l'Industrie en France; Le Comptoir National d'Escompte de Paris; and La Société Générale de Crédit Industriel et Commercial;

In Geneva-The branch of the Banque de Paris et des Pays-Bas; and the agency of the Crédit Lyonnais;

In Amsterdam-The branch of the Banque de Paris et des Pays-Bas ; In London-The agency of the Comptoir National d'Escompte de Paris; the agency of the Crédit Lyonnais; and the branch of the Banque Russe pour le Commerce Etranger;

In Berlin

In Frankfurt-on-Main-For account of the Banque Internationale de Commerce à St.-Pétersbourg, at the offices which may be designated by it;

In St. Petersburg-La Banque Internationale de Commerce à St.-Pétersbourg; La Banque Russe pour le Commerce Etranger; La Banque d'Escompte de St.-Pétersbourg; and La Banque de Commerce de Volga-Kama.

The commission allotted to the offices of all the firms alike is fixed at 14% (a quarter of one per cent) of the amount of the coupons and of the bonds of the present loan.

9. The present loan is guaranteed by the duties levied by the Maritime Customs of China, and by the deposit of customs bonds.

Furthermore, in the event that the service of the loan should for any reason whatsoever come to be suspended or delayed, the Imperial Government of Russia, by agreement with the Imperial Government of China, undertakes, vis-à-vis the contracting banks and firms, the obligation to find, itself, and to place at their disposal in good time, as they fall due, whatever sums are necessary for the payment of the coupons and of the amortized bonds of the present loan.†

The bonds put into circulation by the Syndicate, representing the general bond deposited with the Banque Internationale de Commerce à St.-Pétersbourg, will be made out in the name of the Imperial Government of China.

10.—The Imperial Chinese Legation at St. Petersburg will hold or cause to be held an annual drawing of bonds, and will see to it that the publications specified in Article 4 take place regularly.

For the terms of the guarantee given by the Russian Government to the Syndicate, see the note to the Russo-Chinese Protocol of July 6th, 1895 (No. 1895/7), post, p. 42.