Foreign Trade in Hankow, Officer of the Second Rank, Yün, have subject to the sanction of the superior authorities of the said two officers-concluded the following lease in perpetuity:—

ARTICLE I.-Inasmuch as the establishment of a new Concession in Hankow has been duly applied for with a view to the development of German commerce, I, the Superintendent of Customs, by order of the Acting Governor-General of the Two Hu Provinces, Tan, and I, the German Consul-General, have selected, on due and careful examination, a plot of land situated in the market-town Hankow, below the British Concession, which, with its front outside the Tung Chi Gate, extends from the border of the government land by the river side to a place called Lichia-tun (mound of the Li family), measuring 300 chang in length, the depth of the area (the bank of which is at present still inundated) being fixed at 120 chang.

On the 24th day of the 7th month (September 12th) the survey of the area of the German Concession took place in the presence of the German ConsulGeneral and the German Vice-Consul Thyen on the one side, and the Hanyang District Magistrate Hsüeh and Sub-Prefect Tung on the other side, boundary stones having been set at the terminal points.

The depth of the Concession will have to be fixed as soon as the water-level of the river has fallen to the normal water mark.

ARTICLE II.-The total area of this plot is 600 mou. The land tax amounts to Taels 0.117 per mou, making a total of Taels 70.20 for the whole area. The grain tax is 2.84 sheng per mou, making a total of 17 piculs and 4 sheng of rice, which calculated at the rate of Taels 3 per picul, yields a sum of Taels 51.12 as grain tax for the whole settlement. Inasmuch as the land and grain taxes amounting to Taels 121:32 per annum have hitherto been paid by Chinese as revenue from the land, the German Consul will pay a similar amount in the 4th month of each year to the Hanyang District Magistrate for further transmission through him.

In return therefor, the land is leased in perpetuity to the German Government, which, through its authorities, will bring about, as soon as possible, the transfer of the land from Chinese into foreign ownership. As far as concerns. land that has not yet changed hands in the above manner, the amount of the lease will, as heretofore, be paid by the Chinese tenant.

The register of landed property kept by the German Consul is authority. and proof for questions as to who is entitled to the lease of the land in the German Concession and for what amounts the registered lessee may possibly have mortgaged his rights in the land to some third person.

The German Concession will be administered by the German Consul in accordance with this agreement of lease and with executive orders to be issued in this connection. Chinese shall not be allowed to reside within the Concession. ARTICLE III-Whosoever desires to acquire from the Chinese owner a lease in the German Concession is bound to compensate the latter in accordance with the following rules:

The indemnity is to be fixed according to the principle of fairness and the

prices obtaining within the last three months for sales of similar land. The Superintendent of Customs shall not allow the Chinese to artifically raise the usual prices, whereas, on the other hand, the German merchants may not bring about by force the transfer of rights. Should it, however, prove necessary in the course of time to do so, the right to make arrangements for standard prices for land in the German Concession is reserved herewith for future negotiations. So far as private temples, ancestral halls, guild halls and public temples are concerned, the amount of compensation is to be agreed upon specially and individually in each case, in order to avoid arousing the ill-feeling or inviting the resistance of the people. Houses or tombs-if there be any-on the land leased in perpetuity shall have their values fixed according as they are brick buildings or wooden huts, and any change of residence or removal of tomb so entailed is to be compensated for by mutual agreement.

As soon as the compensation is paid the land is to be vacated. If there are buildings on the plot, a special time is to be fixed for the vacation. The Chinese owner is not allowed to utilize his land in any other way than heretofore—that is, exclusively as residence for himself and his family, or for farming, which he may continue to do, so long as no transfer of property has taken place. In particular, no new buildings are to be erected on the plot.

ARTICLE IV.-Compulsory expropriation of the Chinese owner will be effected by the Chinese authorities concerned on application by the German Consu!. In the title-deed the words "leased in perpetuity" are to be used. After careful examination by the Prefect and the District Magistrate of Hanyang, the usual Chinese fees are to be paid for the documents, whereupon the official seal is to be affixed in witness thereof.

It may happen that after the conclusion of this treaty of lease a non-German foreigner desires to acquire a lease of land in the German Concession. This, however, shall only be possible if the German Consul gives his sanction thereto, after and because the area of the Concession has, by this treaty of lease, been transferred to the German Government in perpetuity. It is the German Consul alone who is entitled, if such a case arises, to apply to the Chinese authorities for the issue of a title-deed.

ARTICLE V.-Government land situated in the German Concession shall be surveyed, and is to remain in the possession of the Chinese Government, in order that there may be established later on a Mixed Court and eventually other public buildings.

ARTICLE VI.-On the area of the German Concession there are from ancient times government roads and public ways. If in future these thoroughfares should be blocked up by the erection of European houses, sufficient space. is to be left at another place for the construction of proper roads and ways. Both Chinese and European merchants, without discrimination, as well as Government couriers forwarding despatches and transports of Government silver, together with the men and horses required for them, are allowed to pass freely and unmolested over these roads.

In case the Chinese Government decides to lay a railway track through the German Concession, the area required for this purpose shall be retroceded.

The price of the land shall be fixed by the Superintendent of Customs and the German Consul in accordance with the principle of fairness, should it be impossible to arrive at an understanding in this respect with the lessee for the time being. On no account and under no pretext whatsoever can the retrocession be refused.

ARTICLE VII.-The communication facilities between the German and British Concessions through the Tung Chi Gate in the City Wall being most insufficient, an agreement has been reached, after examination by the Hanyang District Magistrate, to the effect that a practicable (passable) quay may be constructed around the base of the City Wall along the river, so that in this way good communication may be established with the roads on the other side of the wall and thereby also with the British Concession.

The Government land outside of the Tung Chi Gate which serves for defending and guarding the City Wall is not included in the Concession. However, the Chinese authorities shall take care that no huts that offend the eye will remain or be erected on this land. Likewise tombs shall not be allowed there.

ARTICLE VIII.-The German Concession is to be within the boundaries of the Treaty Port of Hankow. The construction of landing stages is to be preceded by a consultation with the Superintendent of Customs so that it may be determined (stated) whether or not Chinese and foreign shipping will thereby be inconvenienced on that spot.

ARTICLE IX.-Foreigners residing in the German Concession, who are not represented by a Consul in China, as well as all Chinese, are under Chinese jurisdiction, which is exercised in the German Concession itself by a Chinese judge to be specially appointed to this function.

In cases that concern a non-represented foreigner, and in cases where a German or another foreigner is concerned as plaintiff or injured party, and finally in cases dealing with Chinese contraventions of the orders in force in the German Concession, the Chinese judge is to sit and to decide only in the presence of the German Consul or of a person deputed by him.

Moreover, it shall be possible in all such cases to lodge, through the medium of the German Consul, an appeal with the Superintendent of Customs, against the decision of the judge. The judgment in difficult and important cases remains, also in future, reserved to the local authorities.

As for the rest, all questions at issue between Chinese and foreigners are to be dealt with according to the treaties.

ARTICLE X.-There are various non-German foreigners who have already previous to this acquired from the Chinese owners the leases of plots of land lying within the boundaries of the German Concession. The rights of such foreigners are not interfered with by the establishment of the German Concession.

Regarding the incorporation in the German Concession of the plots of land in question, the German consular authorities shall, if necessary, negotiate with the Consuls of the foreigners concerned.

This Agreement is done in duplicate and signed, and will, in addition, have the official seals of the two contracting parties affixed thereto, as soon as the

above mentioned reserved sanction of the said superior authorities is at hand. Done at Hankow, this third day of October, 1895, which is the 15th day of the eighth moon of the 21st year of Kuang Hsü.

Convention in regard to a concession in the treaty port of Tientsin.*—October 30, 1895.

An Agreement having been reached between the Imperial German Legation in Peking acting by order and on behalf of the Imperial German Government, on the one side, and the Tsung-li Yamen, on the other, to the effect that a Concession should be set apart for German trade at Tientsin; further that the details bearing thereupon should be settled by negotiations to be conducted between officials specially detailed by the Superintendent of Trade of the Northern Ports, and the Imperial German Consul at Tientsin; the commission, consisting of the Taotais Sheng, Li, Huang and Wu, on the one side, charged with the conduct of these negotiations by the Superintendent of Trade of the Northern Ports, and the Imperial German Consul on the other side, have now agreed upon the following points:

ARTICLE I.-The Concession destined for German trade in Tientsin being herewith leased in perpetuity to the Imperial German Government by the Imperial Chinese Government shall have the following boundaries:

On the north, the road along the northern side of the plots of the Fukien and Canton Guild Halls down to Taku Road.

On the east, the river.

On the south, the edge of the street leading from the northern part of the village of Hsiao Liu Chuang to the eastern edge of Taku Road. The houses belonging to this village are to remain outside the Concession.

On the west, the eastern side of Taku Road.

The erection of the boundary stones required shall be undertaken with the assistance of the Chinese authorities and the Imperial German Consul in Tientsin immediately on conclusion of this Agreement.

* Translation from the German text as printed in Recueil, p. 77.

In connection with this convention see also the Declaration of war by China against Germany, August 14, 1917 (No. 1917/7, post).

The part of the City Wall running within this area can be removed only with the consent of the Chinese Government, whereas it is admissible to break through it for gates.

ARTICLE II.-In the event of the area composed of compounds of the China Merchants Steam Navigation Company, of the Chinese Engineering and Mining Company and of the firm of Forbes & Company, lying between the southern boundary of the British Concession and the road running along the southern boundary of the compound of Forbes & Co., remaining under Chinese jurisdiction, the Chinese Government undertakes the responsibility of having the strip of land lying between these compounds and the river put in order and kept in the same way as it has been done in the British Concession, so that the Bund and the street running along it is extended.

The Chinese Government shall, in this case, not allow the keeping of small stalls on this new Bund or on the new street section.

Further, the Chinese Government undertakes to keep in good order the section of Taku Road joining the British Concession and the road running along the south of the compound of Forbes & Company.

If the Chinese Government does not discharge the liabilities taken over under Article II within one year after the Imperial German Consulate at Tientsin has requested it to do so, then the right of executing the necessary work, at the expense of the Chinese Government, shall pass to the Administration of the German Concession.

ARTICLE III.-The building near the river outside of the Wall, together with the compound appertaining to it, known under the name of Po-wen-shuyuan and changed by the Chinese authorities into a High School, shall remain there undisturbed without taxes of any kind being allowed to be levied thereon. If, however, at the time of constructing the bund the enclosure wall built on the eastern side of the said compound proves to interfere with the bund line to be fixed later on by the German authorities, the Chinese authorities shall be bound to put this wall back free of charge as far as it appears necessary, it being understood, however, that this removal shall, at all events, be a small one only. On this part of the river bank, godowns or shanties made of bamboo matting likely to shut off light and view from the High School are not to be erected.

ARTICLE IV.-The granary inside the Wall shall be left there without molestation for the time being, without any taxes to be levied thereon. Its communication with the river shall be in accordance, with the land regulations to be issued in due course, but shall otherwise be unhampered.

Chinese native craft loaded with rice for the granary may load and unload there without payment of any taxes or fees.

ARTICLE V. The building adjoining the granary and containing a mortuary for Chinese officials from other provinces shall be left unmolested forever, without taxes to be levied thereon. Religious ceremonies held there at fixed dates must not be interfered with, if they do not violate the regulations for order and peace in the Concession to be issued later on.

ARTICLE VI.-The cemetery of the Canton, Fukien and Chekiang Guilds