ARTICLE IV. The branch office will control the entry and the shipment of opium at Macao, and will collect all the duties due to China.

ARTICLE V. This branch office will accord to all vessels sailing from Macao the same privileges, and will apply to them the same regulations, as if this branch office were a Maritime Customs office of a treaty port.

ARTICLE VI.-Regulations, established by agreement between the two High Contracting Parties, will govern the working of this branch office of the Chinese Imperial Maritime Customs, in such manner as to safeguard the legitimate interests of the two countries.

ARTICLE VII.-In order to avoid discussions which might result, this Treaty will be written in three languages-Portuguese, Chinese and French-and will be signed in six copies, two in each language.

All these versions have exactly the same sense; but if by chance doubts should arise as to the interpretation of the Portuguese and Chinese versions, the French text will serve for the decision of these doubts.

ARTICLE VIII. The present Treaty will be ratified by His Most Faithful Majesty the King of Portugal and of the Algarves, and by His Majesty the Emperor of China.§ Until it shall have been ratified, the Treaty of 1887 and the annexed Conventions will continue in force, and the subjects of the two countries will enjoy the rights and privileges that have been accorded them by the said Treaty.

ARTICLE IX.-After the exchange of ratifications, which will take place as soon as possible, the present Treaty will be published in order that the officials and subjects of the two countries may take note of its stipulations and observe them. In faith of which, the plenipotentiaries have signed the present Treaty and have affixed their seals thereto.

Done at Peking, October 15, 1902.

(Sgd.)

J. D'AZEVEDO CASTELLO BRANCO. (L.S.)

Note.

In connection with this convention see, in special reference to Articles 3-6, the Additional Convention regarding the establishment of a Customs House at Macao, January 27, 1903 (No. 1903/1, post): see also the Sino-Portuguese Treaty of commerce, signed November 11, 1904, but never ratified, of which the text is as follows:

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(Unratified) Treaty of Commerce between China and Portugal.-November 11, 1904. ARTICLE I.-The Treaty of Amity and Commerce between China and Portugal, dated the 1st December, 1887 (17th day, 10th moon, 13th year of Kuang-Hsü), together with the Special Opium Convention attached thereto, continues in force, except in so far as modified by the present Treaty.

"ARTICLE II.-Portugal accepts the increase in the import duties stipulated for in Article VI of the Peking Protocol of 7th September 1901. Portugal will enjoy the privileges of the most favoured nation, and in no case shall Portuguese subjects pay higher or lower duties than those paid by the subjects of any other foreign nation.

§ Ratified by China, October 17, 1902.

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"Article XIII of the Treaty of 1st December 1887 is therefore rendered null and void. 'ARTICLE III.-The Government of His Most Faithful Majesty agrees to continue as heretofore to cooperate with the Government of his Imperial Chinese Majesty in the collection of the duty and likin on opium exported from Macao to China, and also to cooperate in the repression of smuggling in accordance with the Treaty and Special Opium Convention of 1st December 1887.

"In order to render this cooperation effective, it is clearly stipulated that all opium imported into Macao shall on arrival be registered at the special Portuguese Government Bureau provided for this purpose, and the Portuguese Government will take the necessary steps in order to have all this opium stored under its exclusive control in one Depôt, from which it will be removed as required by the demands of trade.

"The quantity of opium required for consumption in the territory of Macao will be fixed annually by the Government of Macao in agreement with the Commissioner of the Imperial Maritime Customs referred to in Article 11 of the above-mentioned Convention, and under no pretext will removal from the Portuguese Government Depôt be permitted of any quantity of opium for local consumption in excess of that fixed by the said Agree

ment.

"Necessary measures will be taken to prevent opium removed from the Depot for reexport to any port other than a port in China being sent fraudulently into Chinese territory. "The rules for the carrying out of this Article shall be arranged by the two High Contracting Parties.

"The Portuguese Government will enact without delay a law providing penalties for infraction of the regulations agreed upon between the two High Contracting Parties.

"ARTICLE IV.-Such steps as are necessary for the repression of smuggling in the territory and waters of Macao shall be taken by the local Portuguese Government in concert with the Commissioner of the Kung Pei Kuan Customs, and similar steps in the Chinese territory and waters near Macao shall be taken by the said Commissioner of Customs in concert with the Government of Macao. This cooperation is intended to render such steps effective on all points in respect of which cooperation is needed and to avoid at the same time any injury to the sovereign rights of either of the High Contracting Parties.

"Special delegates from the local Government of Macao and the Imperial Maritime Customs shall proceed to fix the respective spheres of preventive measures, and shall devise practical means for the repression of smuggling.

ARTICLE V.-With a view to the development of steam traffic between Macao and neighbouring ports in the Kwangtung province, the High Contracting Parties have agreed as follows:

"1. Portuguese steamers desirous of conveying goods or passengers from Macao to any of the Ports of Call and Passenger Stages on the West River enumerated in the Special Article of the Burmah Convention of 1897 and in Article X of the British Treaty of Commerce of 1902 shall be permitted to do so, provided they comply with the special regulations to be framed for this purpose by the two High Contracting Parties.

"2. Steamers specially registered for traffic under the Inland Waters Steam Navigation Rules shall be permitted to ply between Macao and ports in the department of Kwangchow-fu, other than those mentioned in Section 1, provided they report to the Kung Pei Kuan Customs for examination of cargo and payment of duties in accordance with the special regulations to be framed for this purpose by the two High Contracting Parties. "3. Such vessels may engage in all lawful trade, including the towing of junks and the conveyance of passengers and cargo, subject to the regulations for the time being in force. "4. The privileges hereby granted are granted on the express understanding that special regulations shall be framed defining in detail the conditions under which such traffic may be carried on. Until the said regulations have been agreed upon and published, this Article shall not become operative, and, subsequently, shall remain so only so long as the said regulations are complied with.

"5. The Portuguese Government will enact without delay a law providing penalties for infraction of the regulations agreed upon between the two High Contracting Parties.

"ARTICLE VI.-Portugal having the right of most favoured nation treatment, it is clearly stipulated that any advantages China may think fit to grant to the products of any other nation shall be extended to similar goods of Portuguese origin on exactly the same conditions.

"It is also clearly understood that Portuguese wines of all kinds, proved by means of Portuguese certificates of origin, visés by Portuguese Consuls, to have been imported directly or indirectly from Portugal, shall when their alcoholic strength exceeds 14° pay the duty leviable according to the annexed Tariff on wines exceeding 14° of alcoholic strength. Wines passed through the Chinese Customs under the designation Port Wine' shall not be entitled to the benefit of this Article unless accompanied by a certificate of origin as above. "Conversely, Chinese subjects shall enjoy in respect of their imports into and exports from Portugal all privileges and immunities granted to the subjects of the most favoured nation. "ARTICLE VII.-Portuguese subjects may frequent, reside at, and carry on trade, in

dustries, and manufactures, and pursue any other lawful avocation in all the ports and localities in China which have already been or may hereafter be opened to foreign residence and trade; and wherever in any such ports or localities a special area has been or may hereafter be set apart for the use and occupation of foreigners, Portuguese subjects may therein lease land, erect buildings, and in all respects enjoy the same privileges and immunities as are granted to subjects of the most favoured nation.

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ARTICLE VIII.-Whereas the Chinese Government has expressed a desire that the provisions of the Portuguese Civil Law, which grants Portuguese nationality to sons of aliens born in Portuguese territory, should be modified in the case of Chinese born in the territory of Macao; Portugal agrees to take this matter into careful consideration as soon as possible, and to regulate, by a special law if necessary, the conditions under which Portuguese nationality shall be granted in future to Chinese born in Portuguese territory.

The conditions in question shall be so framed as to prevent Chinese to whom Portuguese nationality has been granted—'

1. From improperly arrogating to themselves privileges which are reserved for Chinese subjects, such as the right of residence for purposes of trade in the interior or at ports not open to foreign trade; and

"2. From entering, while residing in a Treaty port, into agreements with Chinese while themselves posing as Chinese subjects, and afterwards repudiating their responsibilities by claiming Portuguese nationality and taking advantage of such Portuguese laws as are contrary to the obligations involved in the said agreements.

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ARTICLE IX-Whereas China, with the object of reforming its fiscal system, proposes to levy a surtax in addition to the Tariff duties on all goods passing through the Custom Houses, whether maritime or inland and frontier, in order to make good the loss incurred by the complete abolition of likin, the Portuguese Government agrees that foreign goods imported into China by Portuguese subjects shall on entry pay an import surtax equivalent to one and a half times the duty fixed by the Import Tariff as now revised, and that Chinese produce exported abroad by Portuguese subjects shall pay export duties, inclusive of the Tariff export duty, not exceeding seven and a half per cent ad valorem, provided always that such import surtax and export duties have been accepted by all the Powers having Treaties with China. With regard to the production tax, consumption tax, and excise, as well as the duties on native opium and salt, leviable by China, Portugal further agrees to accept the same arrangement as shall be agreed upon between all the Treaty Powers and China. It is, however, understood that the commerce, rights, and privileges of Portugal shall not, in consequence of this undertaking, be placed in any way at a disadvantage as compared with the commerce, rights, and privileges of any other Power. 'ARTICLE X.-Drawback Certificates for the return of duties shall be issued by the Imperial Maritime Customs to Portuguese subjects within twenty-one days from the date of presentation to the Customs of the papers entitling the applicant to receive such Drawback Certificates.

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"These Certificates will be accepted at their face value by the Customs authorities at the port of issue in payment of duties of all kinds, tonnage dues excepted; or shall, in the case of drawbacks for duty paid on foreign goods re-exported abroad within three years from the date of importation, be redeemable in full in ready money by the Imperial Maritime Customs at the port of issue, at the option of the holders thereof.

"But if, in connection with any application for a Drawback Certificate, the Customs authorities discover an attempt on the part of a Portuguese subject to defraud the revenue, he shall be liable to a fine not exceeding five times the amount of the duty whereof he attempted to defraud the Customs, or to a confiscation of the goods. In case the goods have been removed from Chinese territory, then the Consul shall inflict on the guilty party a suitable fine to be paid to the Chinese Government.

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'ARTICLE XI.-China agrees to herself establish a system of uniform national coinage and provide for a uniform national currency which shall be freely used as legal tender in payment of all duties, taxes, and other obligations by Portuguese subjects as well as by Chinese subjects in the Chinese Empire. It is understood, however, that all Customs duties shall continue to be calculated and paid on the basis of the Haikwan tael.

"ARTICLE XII.-The Government of His Most Faithful Majesty agrees to the prohibition by the Chinese Government of the importation into China of morphia and of instruments for its injection, on condition, however, that the Chinese Government will allow the importation of morphia and of instruments for its injection for medical purposes by Portuguese doctors, chemists, and druggists, on payment of the prescribed duty and under special permit which will only be granted to an intending importer upon his signing at the Portuguese Consulate a suitable bond undertaking not to sell morphia except in small quantities and on receipt of a requisition signed by a duly qualified foreign medical practitioner.

"If fraud in connection with such importation be discovered by the Customs authorities, the morphia and instruments for its injection will be seized and confiscated, and the importer will be denied the right to import these articles thereafter.

ARTICLE XIII.—The Chinese Government, recognizing 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 enterprise, agrees to revise its existing mining regulations in such manner, by the selection of those rules in force in other nations which seem applicable to conditions in China, that the revision, while promoting the interests of Chinese subjects and in no way prejudicing the sovereign rights of China, will offer no impediment to the employment of foreign capital nor place foreign capitalists at a greater disadvantage than they would be under generally accepted foreign regulations, and will permit Portuguese subjects to carry on in Chinese territory mining operations and other necessary business relating thereto, provided they comply with the new regulations and conditions which will 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 to necessary business relating to such operations shall be observed. The residence of Portuguese subjects in connection with such mining operations shall be subject to such regulations as shall be agreed upon between Portugal and China.

"Any mining concession granted after the publication of such new rules shall be subject to their provisions.

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ARTICLE XIV. It being only right that the shareholders of any Joint Stock Company or the partners in any commercial undertaking should all be on a footing of equality as regards division of profits and payment of obligations, according to the partnership agreement or memorandum and articles of association, the Chinese Government agrees that Chinese subjects joining with Portuguese subjects in the organization of a Portuguese Joint Stock Company or commercial undertaking, legally constituted, shall be liable to the fulfilment of the obligations imposed by the said agreement or memorandum and articles of association, and that Chinese Courts will enforce fulfilment of such obligations in accordance with Chinese commercial law, if a suit to that effect be entered, provided always that their liability shall not be other or greater than that of Portuguese shareholders or partners in the same company or partnership.

Similarly, Portuguese subjects who invest their capital in Chinese enterprises shall be bound to fulfil the obligations imposed by the partnership agreement or memorandum and articles of association, and the Portuguese Courts will enforce fulfilment of such obligations in accordance with Portuguese commercial law, if a suit to that effect be entered, provided always that the liability of such Portuguese subjects shall be the same as that of the Chinese subjects engaged in the same undertaking.

"But as existing Treaty stipulations do not permit foreign merchants to reside in the interior of China for purposes of trade, such Joint Stock Companies and commercial undertakings may not be established in the interior by Portuguese and Chinese subjects conjointly, ARTICLE XV.-As Portugal affords protection to trade marks used by subjects of any other nationality provided a like protection is reciprocated for trade marks used by Portuguese subjects, China, in order to obtain this protection for its subjects in Portuguese territory, agrees to grant protection to Portuguese trade marks against unlawful use, falsification, or imitation by Chinese subjects. To this end the Chinese Government will enact the necessary laws and regulations, and will establish Registration Offices at which foreign trade marks may be registered on payment of reasonable fees.

Further, the Chinese Government agrees that, as soon as a Patent Office has been established and special laws with regard to inventions have been adopted, it will, after payment of the prescribed fees, issue certificates, valid for a fixed term of years, to Portuguese inventors extending to their inventions the same protection as shall be given to Chinese patents in Portugal, provided that such inventions do not infringe on previous inventions by subjects of China.

ARTICLE XVI.-The Government of China having expressed a strong desire to reform its judicial system and to bring it into accord with that of Western nations, Portugal agrees to give every assistance to such reform, and will also be prepared to relinquish extra-territorial rights when satisfied that the state of the Chinese laws, the arrangements for their administration, and other considerations warrant it in so doing.

ARTICLE XVII. The missionary question in China demands in the opinion of the Chinese Government careful consideration, so as to avert in the future the troubles which have occurred in the past. Portugal, as a nation especially interested in the protection of its Catholic missions in Chinese territory, agrees to join in a Commission to investigate this question, and, if possible, to devise means for securng permanent peace between converts and non-converts, should such a commission be formed by China and the Treaty Powers interested.

No person, whether Portuguese subject or Chinese convert, who, according to the tenets of Christianity, peaceably teaches or practises the principles of that religion, which aims at teaching men to do good, shall be persecuted or harassed on account of his faith. But converts and non-converts, being alike subjects of China, shall conform to her laws, and shall pay due respect to those in authority, living together in peace and amity; and the fact of his being a convert shall protect no one from the consequences of any offence he may have committed before or may commit after his admission into the church or exempt

him from paying legal taxes levied on Chinese subjects generally, except taxes and contributions levied for the support of religious customs and practices contrary to his faith. 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 administer the law without partiality, so that both classes may live together in peace.

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Portuguese missions shall be permitted to rent and lease in perpetuity, as the property of the mission, buildings or lands in all parts of the Empire for mission purposes and, after the title-deeds have been found in order and duly stamped by the local authorities, to erect such suitable buildings as may be required for carrying on their good work.

"ARTICLE XVIII.-The present Treaty shall remain in force for a period of ten years beginning with the date of the exchange of ratifications and until a revision is effected as hereinafter provided.

"It is further agreed that either of the High Contracting Parties may demand revision of the Tariff and the Articles of this Treaty six months before the end of ten years from the date of the exchange of ratifications thereof. If no revision is demanded before the end of the first term of ten years, then these Articles in their present form shall remain in full force for a further term of ten years reckoned from the end of the first term, and so on for successive periods of ten years.

ARTICLE XIX. In order to prevent in the future any discussion, this Treaty is written in Portuguese, Chinese, and English, and signed in six copies, two in each language. "All these versions have the same sense and meaning, but if there should happen to be any divergence in the interpretation of the Portuguese and Chinese versions, the English text will be made use of to resolve the doubts that may have arisen.

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ARTICLE XX.-The present treaty shall be ratified by His Most Faithful Majesty the King of Portugal and Algarves and His Imperial Majesty the Emperor of China.

"The exchange of the ratifications shall be made at Peking within the shortest possible time, and the Treaty will be printed and published in order that the functionaries and subjects of the respective countries may have full knowledge of its stipulations and may fulfil them.

"In faith whereof the respective Plenipotentiaries have signed the present Treaty and have affixed their seals thereto. JOSÉ D'AZEVEDO CASTELLO BRANCO. LU HAI-HUAN.

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"(Sgd.)
(Sgd.)
“(Sgd.)

SHENG HSUAN-HUAI."

NUMBER 1902/10.

DENMARK (Great Northern Telegraph Company, Ltd.) AND CHINA. Agreement concerning the Taku-Kiakhta Telegraph Line.*-October 22, 1902. Inasmuch as the Administration has constructed at great expense a landline between Peking and Mai-mai-chen, and inasmuch as the purpose of joining the cable between Shanghai and Taku with the Administration's land-line between Taku and Mai-mai-chen is to provide an efficient route for telegraphic correspondence exchanged with Russia and Europe and the countries beyond, the following stipulations have been drawn up between the Administration and the Company, and signed, on the date mentioned below, by the Administration, represented by the Manager and the Assistant Manager of its Head Office at Shanghai, Mr. Chu-pau-fay and Mr. Chow-wen-peng, jointly, and by the Great Northern Telegraph Company, Ltd. (i.e., la Grande Compagnie des Télégraphes du

* Translation from the French text as printed in Recueil, p. 637. See Note to this document, post, p. 379.