be entered the steamer's name, flag, and registered tonnage, and the Wangmoon, the Wangmoon Station, where the General Export Manifest of all cargo on board will be produced for inspection and verification. (c.) If entering viâ Canton, vessels will proceed by the authorized Bogue route, direct and without anchoring, landing or shipping cargo or passengers, and deposit their Register with Consul or Customs at Canton in order to obtain the Special River Pass, without which they may not proceed to any Treaty Port, Port of Call, or Passenger Station on the West River, and the surrender of which, on return, all Dues and Duties having either been paid or accounted for, will entitle them to Customs Clearance and return of Register. 4. Shipment and discharge of cargo by local river steamers and Foreigngoing steamers at any other points on the River than the Treaty Ports and Ports of Call enumerated in Article II is prohibited, and any violation of this prohibition will be dealt with in accordance with the Treaty provisions applicable to clandestine trade along the coast. 5. Local river steamers and Foreign-going steamers trading at the West River Treaty Ports-Canton, Kongmoon, Samshui, and Wuchow-must report and clear and load and discharge cargo in the same manner as at other Treaty Ports along the coast, and in accordance with the Customs Regulations of the River Ports concerned. 6. Duty treatment of merchandise carried by local river steamers and Foreign-going steamers: A. Foreign Trade.-Import Duty shall be payable as follows: on cargo from abroad for (a) a Treaty Port, at destination Treaty Port; (b) a Port of Call, at Port of entry from abroad (Kongmoon, Samshui, or Canton). Export Duty shall be payable as follows: on cargo for abroad from (a) a Treaty Port, at Port of shipment; (b) a Port of Call, at Port of clearance for abroad (Kongmoon, Samshui, or Canton). B. Domestic Trade.-Export (full) and Coast Trade (half) Duties shall be payable as follows: on cargo from (a) Treaty Port to Treaty Port, full at Port of shipment and half at Port of discharge; (b) Treaty Port to Port of Call, if another Treaty Port is to be passed en route, full and half at Port of shipment, otherwise full only at said Port of shipment; (c) Port of Call to Treaty Port, if another Treaty Port has been passed en route, full and half at destination Treaty Port, otherwise full only at said Port; (d) Port of Call to Port of Call, if a Treaty Port is passed en route, full at said Port in passing. 7. Tonnage Dues are payable once every four months at the Treaty Port first touched at after expiry of Certificate. 8. Dues and Duties are, in general, payable as at other Treaty Ports, and Re-exports and goods under Transit Certificates entitled to usual Customs treatment. Native goods, if shipped to a Treaty Port and subsequently re-exported to a Foreign Port within 13 months, with no unauthorised change of package and marks, will be entitled to the refund of any Customs Duty paid in excess of one full Export Tariff Duty. 9. Routes.-The following are the authorised routes to the West River :Foreign-going steamers proceeding from the sea direct must enter either by (a) the Motomoon (“Broadway") route; or by (b) the Wangmoon route, taking the Kerr Channel † and Junction Channel and passing into the West River at Fist Cliffs. Such steamers may also proceed (c) viâ Canton, in which case they will be required, together with local river steamers, to take the following route on leaving Canton, viz., Hill Passage, Saiwan Channel, Tailung Channel, and Junction Channel (British Admiralty Chart No. 2,562), and enter the West River at Fist Cliffs. Returning abroad, or to Canton, the same routes are to be adhered to. 10. Miscellaneous.-The Customs officials will be at liberty to seal the hatches of vessels entering or trading on the West River, and seals must not be broken before the vessel reaches the next Port or Port of Call at which she wishes to work cargo. Any trading vessel falling in with a revenue cruiser or Customs boat is to produce her papers for inspection, if examination of them is required; and Customs employés may be put on board vessels to search them or accompany them for the purpose of surveillance. 11. Penalties.-Vessels taking other than the prescribed routes into or out from the West River, or found in waters between Canton and Kongmoon or the Bogue Passage and Kongmoon anywhere off the said routes, are liable to a fine not exceeding Tls. 500. In the event of any vessel so found, or discovered anywhere on the West River and routes thereto inside Malowchow or Wangmoon Stations, being without proper papers as provided for by the present Regulations, she will be dealt with under the Treaty Articles penalising clandestine trade along the coast. Foreign-going vessels bound out and failing to surrender the Pass at Malowchow are liable to a fine not exceeding Tls. 100. Kongmoon Infringement of River Port Regulations by local river steamers will be punished by the infliction of penalties in force at other Treaty Ports. For a second offence, the River Pass may be cancelled and the steamer refused permission to trade on the West River. Unauthorised opening of sealed hatches or breaking of seals will entail liability to a fine not exceeding Hk. Tls. 500. † Sailam Channel proposed to be substituted for Kerr Channel. ARTICLE VI.-B. SMALL CRAFT (LORCHAS, PAPICOS, JUNKS, ETC.) ENTITLED TO TRADE AT TREATY Ports, but not at Ports of Call nor at PassenGER STATIONS ON THE WEST RIVER.-(a) Lorchas, etc., owned by Foreigners, if provided with Registers and entitled to fly national flags, are required to take out a Special River Pass either through the Consulate or through the Customs direct at Kongmoon, Samshui, or Canton, if proceeding to other River Treaty Ports: they will report, work cargo, pay Duties, and observe all conditions as regards papers, routes, etc., and be subject to the same penalties for the infringement of rules and regulations as Foreign-going steamers on the West River. (b) Papicos, etc., owned by Foreigners, but not provided with the Registers or entitled to fly national flags, are to take out Customs Registers at the Port they belong to, and report, work cargo, and pay Duties in the same way as lorchas. They are subject to the same penalties for the infringement of rules and regulations. (c.) Chartered Junks.-Chinese junks chartered by Foreigners must take out special junk papers at the Customs, to be obtained in exchange for Bonds executed at and deposited with the Customs, the condition of the Bond being that cargoes are bonâ fide Foreign property and will be landed and pay Duty at a Treaty Port, and the penalty that if the cargo fails to be so landed and pay Duty no chartered junk will thereafter be cleared for the Foreigner in question. Such junks to report, work cargo, observe all conditions, fulfil all requirements, and pay Duties in the same way as lorchas, papicos, etc. The above Regulations are open to revision when and if necessary. NUMBER 1904/4. GREAT BRITAIN AND PORTUGAL. Exchange of notes respecting the reciprocal protection of trademarks in China.*— August 8, 1904. (1).—Mr. Cartwright to Senhor de Lima. YOUR EXCELLENCY, Lisbon, August 4, 1904. UNDER an Order in Council of the 2nd February, 1899,† it is open to a foreigner whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Consular Court, provided— 1. That the consent, in writing, of His Majesty's Minister or Chargé d'Affaires be obtained to the prosecution; but 2. Such consent may be withheld unless His Majesty's Minister or Chargé d'Affaires is satisfied that effectual provision exists for the punishment in Consular or other Courts in China of similar acts committeed by the subjects of the State or Power of which such prosecutor is a subject. By correspondence with the French, German, and Italian Representatives in London, it has been ascertained that provision exists for the punishment in the Consular Courts of France, Germany, and Italy in China of subjects of those countries, should they infringe British trade-marks, and the necessary information has been given to His Majesty's Representative at Peking, and to the Representatives there of the three countries mentioned, to enable them to carry out the arrangements desired by their Governments for the mutual protection of their trade-marks. I have the honour to inform your Excellency that, in communicating the above to you, I have been instructed by the Marquess of Lansdowne to inquire whether the Portuguese Government would be disposed to conclude a similar arrangement with his Majesty's Government. I avail, &c., FAIRFAX L. CARTWRIGHT. (Translation.) (2).-Senhor de Lima to Mr. Cartwright. Lisbon, August 8, 1904. I am in receipt of the note by which you communicate to me the desire of the Marquess of Lansdowne to know whether the Portuguese Government would be disposed to conclude an arrangement with His Britannic Majesty's Govern * Text and translation as printed in Hertslet, p. 600. For the relevant articles of the Order in Council of February 11, 1907, replacing the provisions of the Order in council here cited, see note to the Anglo-American arrangement concerning trademarks in China (No. 1905/4, post). ment in the sense of assuring mutual protection for Portuguese and British trademarks in China. In reply, I have the honour to inform you that the Portuguese Government have no objection in concluding the proposed arrangement in such a manner that, on the date which may be fixed by exchange of notes, both Governments shall transmit instructions to their Diplomatic Representatives at Peking, for the purpose of bringing into effect, before the Portuguese Consular Courts, offences for infringement by Portuguese subjects of British trade-marks duly registered in Portugal, and, reciprocally, before the British Consular Courts, offences for infringment by British subjects of Portuguese trade-marks, duly registered in the United Kingdom, in conformity with the International Convention of the 20th March, 1883.§ I avail, &c., WENCESLAU DE LIMA. NUMBER 1904/5. GREAT BRITAIN AND THE NETHERLANDS. Exchange of notes respecting the reciprocal protection of trademarks in China.*— September 7, 1904. (1).-Sir H. Howard to Baron de Lynden. The Hague, August 15, 1904. M. LE MINISTRE, Under a British Order in Council of the 2nd of February, 1899,† it is open to a foreigner whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Consular Court, provided— 1. That the consent in writing of the British Minister or Chargé d'Affaires be obtained to the prosecution; but 2. Such consent may be withheld unless the British Minister or Chargé d'Affaires is satisfied that effectual provision exists for the punishment in Consular or other Courts in China of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject. By correspondence with the French, German, and Italian Representatives at the Court of St. James, it has been ascertained that provision exists for the punishment in the Consular Courts of France, Germany, and Italy in China of subjects of those countries, should they infringe British trade-marks, and the *Text, and translation from the French text, as printed in Hertslet, p. 602. For the relevant articles of the Order in Council of February 11, 1907, replacing the provisions of the Order in Council here cited, see note to the Anglo-American arrangement concerning trademarks in China (No. 1905/4, post). The 1st October, 1904, was eventually fixed as the date (Hertslet). §" Hertslet's Commercial Treaties," Vol. 17, p. 401. |