NUMBER 1902/11.

RUSSIA AND CHINA.

Supplementary Declaration in regard to connections between the Russian and Chinese Telegraph Lines.*-November 27, 1902.

The Imperial Government of Russia and the Imperial Government of China, having found it advisable to prolong the term of the Convention concluded August 13/25, 1896 [sic: should be 1892?-Editor], and of the Supplementary Declarations of July 18/30, 1896, and August 25/September 6, 1897, in regard to connections between the Russian and Chinese telegraph lines,† have agreed upon the following.

I. The Convention and the two Declarations cited above remain in force during the whole period of the Arrangement concluded between the Imperial Telegraph Administration of China and the Great Northern Telegraph Company (i.e., Grande Compagnie Anonyme des Télégraphes du Nord) of Copenhagen,‡ that is, until December 21, 1925, or until December 31, 1930, in case that Arrangement is prolonged to that date.

II. The rates established by the Declaration of August 25/September 6, 1897, remain for the present without change, but will subsequently be modified by an understanding between the two Contracting Parties § in conformity with the provisions which will be drawn up by the International Conference which is to meet at London in 1903.

III. The terminal charges levied in Russia and in China for telegrams exchanged exclusively between the two countries will be simultaneously reduced, and the exact amount of this reduction will be determined by the two Contracting Parties after the London Conference of 1903.

IV. Should it be desired by the Russian Telegraph Administration, the service placed at the disposal of the Great Danish Company may be connected with that of the Russian telegraph system directly, that is, without the intermediation of the Chinese Telegraph Administration in the transmission of telegrams over the above-mentioned wire to the Russian Administration, and vice versâ. In that case, the accounts incident to the exchange of all telegrams transmitted over the above-mentioned wire by way of Kiakhta will be drawn up and settled directly between the Russian Administration and the Company; but the Chinese Administration will have the right to install its controllers at the control offices of the Company along the above-mentioned wire in Chinese territory. The controllers of no other Administration or Company will be allowed there. It

* Translation from French text as printed in Recueil, p. 654.

The text of the Convention of August 13/25, 1892, to which this declaration is a supplement, is not available.

See Note 1 to this document, post, p. 382.

See Article 9 of the arrangement of October 9/22, 1902, between the Chinese Imperial Telegraph Administration and the Great Northern Telegraph Company (No. 1902/10, ante). See Note 2 to this document, post, p. 383.

is clearly understood that the provisions of the Convention of August 13/25, 1892, and of the two Complementary Declarations of July 18/30, 1896, and August 25/September 6, 1897, not modified by the present Declaration, remain in full force.

Done at Peking the 14/27 of November, 1902, and according to the Chinese calendar, the 28th day of the 10th moon of the 28th year of Kuang Hsü. (L. S.) PAUL LESSAR.

(Sgd.)

Note 1.

The Supplementary_Declaration of July 18/30, 1896, reads (in translation from the French text printed in Recueil, p. 181) as follows:

Supplementary Declaration regarding Russo-Chinese Telegraph Connections.— July 30, 1896.

"In view of the fact that the provisions contained in Article IX of the Convention concluded August 13/25, 1892, in regard to the connecting of the Russian and Chinese land telegraph lines, stipulate for the settlement of accounts and the levying of charges at a rate for silver which does not correspond with the present actual value of silver, and for the purpose of avoiding the inconveniences thereby caused to the two contracting Governments in their accounts with the Telegraph Administrations of other Governments for international correspondence exchanged among them, the Imperial Government of Russia and the Imperial Government of China have agreed to replace the provision cited, in Article IX of the Convention referred to above, by the following provision:

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"The levying of the rates, fixed by Article VII of the present Convention in gold francs, as also the mutual accounting, will be done in silver money in accordance with the actual rate of exchange of silver.

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To that end, the Russian and the Chinese Telegraph Administrations will determine annually, at the end of the year as reckoned by the European calendar, the average value of the Mexican dollar in francs,-which value will be used as the rate of exchange during the following year for the levy of charges at all stations of the Telegraph Administration in China and at Hongkong, as also for the settlement of accounts, which is to be done in Hong-ping taels, reckoning 100 Mexican dollars as equivalent to 70 Hong-ping taels.'

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The present provision will come into force as from July 20/August 1, 1896.

'The two contracting Governments are nevertheless agreed that, until the coming into force of the rates which may be fixed by the International Conference of 1896, meeting at Budapest, the rate for the levy of charges, as well as for the settlement of accounts, will be fixed in the following manner: francs 8.50 are considered as equivalent to 2.75 Mexican dollars.

Peking, July 18/30, 1896, or according to the Chinese calendar, the 20th day of the 6th moon of the 22nd year of the Reign of Kuang Hsü. (L. S.) (Sgd.) COUNT CASSINI. "(L. S. of the Tsung-li Yamen.)'

The following is a translation of the French text (as printed in Recueil, p. 264) of the Supplementary Declaration of August 25/September 6, 1897:

Supplementary Declaration regarding Russo-Chinese Telegraph Connections.-September 6, 1897.

"The Imperial Government of Russia and the Imperial Government of China, having found it advisable to modify certain articles of the Convention, concluded August 13/25, 1892, for the connecting of the Russian and Chinese land telegraph lines, have agreed upon the following:

"I.-The provision of §3 of Article III of the Convention will be replaced by the following provision:

"The junction at Kiakhta must be made whenever the Chinese Telegraph Administration has completed the construction of the line between Peking and Kiakhta, but in any case before the end of the year 1898. The work of construction upon this line must be begun during the summer of the year 1897, and must be finished, between Peking and Kalgan, before the end of the same year.'

II.-The first part of Article VI of the Convention will be cancelled as being superfluous, in view of the fact that the amended version of Article VII embraces and defines

all charges payable to each of the Contracting Parties for the transmission of all telegrams over their lines up to the frontiers.

"III. The first part of Article VII of the Convention, as far as the words, "The general charge for telegrams exchanged between Europe (excepting Russia)," etc., will be replaced by the following provision:

"RUSSIA:

A-Terminal charges.-(1) For telegrams exchanged between any part of China, and Hongkong, on the one hand, and Asiatic Russia east of the meridian of Verkhneudinsk, on the other hand,-francs 0.70 per word; (2) for telegrams exchanged between any part of China, and Hongkong, on the one hand, and Asiatic Russia west of the meridian of Verkhneudinsk, on the other hand,-francs 1.00 per word; (3) for telegrams exchanged between any part of China, and Hongkong, on the one hand, and European Russia (including the Caucasus), on the other hand,-francs 1.50 per word.

"B-Transit charges-(1) For all telegrams, francs 2.25 per word.

66 6 'CHINA:

"A-Terminal charges.—(1) For telegrams exchanged between any part of China, and Hongkong, on the one hand, and any part of Russia (including the Caucasus and Asiatic Russia), on the other hand, francs 1.50; (2) for telegrams exchanged between any part of China, and Hongkong, on the one hand, and Europe (excepting Russia) and countries situated beyond, on the other hand,-francs 4.75; (3) for all other telegrams, francs 1.50. "B-Transit charges.-(1) For telegrams exchanged between Europe (excepting Russia) and countries beyond Europe, on the one hand, and all other countries, on the other hand, francs 4.75; (2) for all other telegrams, including those exchanged with European Russia, the Caucasus and Asiatic Russia,-francs 2.00.

'Of the francs 4.75 mentioned above (under headings A and B), China must pay to the several countries of Europe rates in the proportion determined by the International Telegraphic Regulations in force, and by the tariffs.

The charges established by the present article will come into force from June 19/July 1, 1897, and can be modified only by agreement between the two Contracting Parties. The two Governments are agreed, however, that the Chinese charge of francs 1.50 mentioned above, under heading A, 1 and 3, will come into force only from a date to be fixed hereafter by joint agreement among the two Governments and the Great Northern Telegraph Company of Copenhagen; until that date, the Chinese charge for the telegrams above mentioned will remain at francs 2.00.'

"IV. The provision of §2 of Article VIII of the Convention will be replaced by the following provision:

"The settlement of accounts will take place at the expiration of each month, and the balance will be paid at Shanghai during the twenty-one days following the month to which the balance belongs. The payment must be made in Mexican dollars at the rate fixed for the year according to the provisions of the Supplementary Declaration of July 18/30, 1896.' "It is clearly understood that the provisions of the Convention of August 13/25, 1892, and of the Supplementary Declaration of July 18/30, 1896, not modified by the present Declaration, remain in full force.

"Peking, August 25/September 6, and according to the Chinese calendar, the 10th day of the 8th moon of the 23rd year of the Reign of Kuang Hsü.

(L. S.)

(Sgd.)

A. PAVLOW, Chargé d'Affaires of Russia. "(L. S. of the Tsung-li Yamen.)

Note 2.

The understanding thus contemplated was embodied in the Supplementary Declaration of January 2/15th, 1905, the translation of which (from the French text as printed in Recueil, 724) is as follows:

:

Supplementary Declaration regarding Russo-Chinese Telegraph Connections.

January 15, 1905.

"Inasmuch as the provisions of Articles II and III of the Supplementary Declaration of November 14/27, 1902, stipulate that the rates established by the Declaration of August 25/September 6, 1897, are to be modified upon an understanding between the two Contracting Parties in conformity with the provisions which will be drawn up by the London International Conference of 1903, the Imperial Government of China and the Imperial Government of Russia have agreed upon the following:

"I.-Article VII of the Telegraph Convention of August 13/25, 1892, and Article III

of the Supplementary Declaration of August 25/September 6, 1897, will be replaced by the following provision:

"Telegrams exchanged by the junctions contemplated by Article II of the Convention of August 13/25, 1892, will be subject to the following charges:

666 'RUSSIA:

A-Terminal Charges.-(1) European Russia, francs 1.00 per word; (2) Asiatic Russia, francs 0.50 per word.

B-Transit Charges.-(1) For telegrams exchanged between America, on the one hand, and China and countries beyond China, on the other hand, francs 2.25 per word; (2) for telegrams exchanged with Bokhara, francs 1.50 per word; (3) for all other telegrams, francs 1.75 per word.

"CHINA (including HONGKONG):

"A-Terminal Charges.—(1) For telegrams exchanged with Europe (excepting Russia) and countries beyond Europe (excepting America), francs 3.75 per word; (2) for telegrams exchanged with America, francs 4.75 per word; (3) for all other telegrams, including those exchanged with Russia, francs 1.00 per word.

'B-Transit Charges.-(1) For telegrams exchanged between Europe (excepting Russia) and countries beyond Europe (excepting America) on the one hand, and all countries beyond China, on the other hand, francs 3.75 per word; (2) for telegrams exchanged between America, on the one hand and all countries beyond China, on the other hand, francs 4.75 per word; (3) for telegrams exchanged between European Russia and Japan, francs 2.00 per word; (4) for all other telegrams, francs 1.50 per word.

"Of the charges mentioned above, under the headings China, A, 1 and 2, and B, 1 and 2 (francs 3.75 and francs 4.75, respectively), China must pay the quotas due to the several countries of Europe in conformity with the International Telegraph Regulations in force, and the international tariffs.

"China furthermore undertakes to arrange with the Great Northern Telegraph Company so that the total charge per word for telegrams transiting China and forwarded by the Russo-Chinese junctions shall not exceed that of the same telegrams going by way of Vladivostok; to that end, China must pay, of the charges mentioned under the heading China, B, 1, 2, 3 and 4, as the case may be, the quotas reserved to that company for the cables laid between Shanghai and Nagasaki, and between Shanghai and Hongkong, in the proportions fixed by a mutual understanding between China and the Company.

All the charges mentioned in the present article will come into force from July 1, 1904 (New Style), and can be modified only by mutual agreement by the contracting parties. But the two Governments are agreed that the charges indicated above, under the headings Russia, B, 3 (namely, francs 1.75), and China, A, 1, and B, 1 (namely, francs 3.75), less the portion for Europe, are applicable, so far as concerns telegrams sent by the wires operated by the Great Northern Telegraph Company on the Chinese telegraph line from Maimai-chen to Peking and Taku, from the date of the opening of that line to traffic for telegrams transiting Russia.'

ARTICLE II.-As the establishment of a rate of exchange, for the period of a year, of the Mexican dollar, for the levy of charges and the settlement of accounts, involves great disadvantages in view of the frequent fluctuations in the price of silver, Article IX of the Convention of 1892, and the Supplementary Declaration of 1896, are replaced by the following provision:

The levying of charges at all the stations of the Telegraph Administration of China (including Hongkong), in accordance with the tariffs established by Article VII of the Convention of August 13/25, 1892, in francs, as also the settlement of mutual accounts, will be done in Mexican dollars in conformity with the actual rate of exchange for the conversion of that money into francs. This rate of exchange will be established by mutual agreement between the Telegraph Administrations of the Contracting Governments, during the course of the month preceding each four-month period of the year, on the basis of the average rate of exchange for the three months preceding that of the establishment of the rate.'

"It is clearly understood that the provisions of the Convention of August 13/25, 1892, and of the Supplementary Declarations of July 18/30, 1896, August 25/September 6, 1897, and November 14/27, 1902, not modified by the present Declaration, remain in full force. "Done at Peking, the 10th day of the 12th moon of the 30th year of the Reign of Kuang Hsü, and according to the Russian calendar, January 2, 1905.

"(L. S.)

"(L. S.) of the Tsung-li Yamen

(Sgd.) (Sgd.)

PAUL LESSAR. PRINCE CH'ING."

This arrangement was subsequently modified by a further Supplementary Declaration, under date of December 22, 1905/January 4, 1906, of which the translation (from the French text printed in Recueil, p. 763) is as follows:

Supplementary Declaration regarding Russo-Chinese Telegraph Connections.-January 4, 1906.

"In consequence of the assimilation of Bokhara to Asiatic Russia in respect to telegraph charges, the Imperial Government of China and the Imperial Government of Russia have agreed to modify as follows the Supplementary Declaration of January 2/15, 1905:

"The words, for telegrams exchanged with Bokhara,-francs 1.50 per word, which appear under the heading Russia, B, 2, of Article I of the Supplementary Declaration of January_2/15, 1905, will be considered as struck out from that Declaration as from June 1st of the European calendar.'

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It is clearly understood that all other provisions of the Supplementary Declaration of January 2/15, not modified by the present Declaration, remain in full force.

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Done at Peking, the 10th day of the 12th moon of the 31st year of the Reign of Kuang Hsü, according to the Chinese calendar, and the 22nd of December, 1905 (January 4, 1906)".

NUMBER 1903/1.

PORTUGAL AND CHINA.

Additional Convention regarding the establishment of a customs house at Macao.* January 27, 1903.

Since, as is contemplated in Article VI of the Convention of 1902 between Portugal and China, there is occasion to draw up regulations for the establishment of a Customs House in Macao, the Inspector General of Customs, Sir Robert Hart, and the Chargé d'Affaires of Portugal, Gabriel de Almeida Santos, both duly authorized and furnished with the necessary instructions, have agreed upon regulations, in eleven articles, drawn up as follows:

ARTICLE I.-Buildings situated upon the inner port and suitable for use as offices and warehouse for the Customs will be placed at the disposition of the Imperial Customs.

ARTICLE II.-The Customs House will be placed under the control of a Commissioner of Imperial Maritime Customs.

ARTICLE III.-Vessels or commercial junks will be met and visited on arrival by officers of the Customs House.

ARTICLE IV.-On entering and on sailing, every vessel or commercial junk must be reported at the Customs House before crossing certain designated limits of the port, and the loading and unloading of cargo can only take place at designated places and under the supervision of the Customs House.

A special anchorage will be reserved for loaded commercial junks: they will not leave this anchorage until after having received a permit for unloading or for departure, delivered by the Customs House.

ARTICLE V.-No merchandise may be loaded or unloaded except upon permission from the Customs House and upon payment of duties in accordance with the treaty tariff.

* Translation from the French text as printed in Customs, Vol. II, p. 307.

In connection with this convention see also the supplementary commercial convention between Portugal and China, October 15, 1902 (No. 1902/9, ante).