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Note 2.

Arrangement for Conveyance of Chinese Government Stores by Antung-Mukden Railway, October 30, 1911.

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'Arrangements have been made between the Chinese Government and the South Manchuria Railway Company for the conveyance of Chinese Government stores, etc., over the Antung-Mukden Line at a reduced scale of charges.

"1. Charges for carrying Chinese military stores, materials and machinery will be agreed upon at the time of conveyance.

"2. Half charges will be levied for the conveyance of arms, ammunition, horses and uniforms.

"3. Half charges will be levied for the conveyance of Chinese convicts and their accompanying guards.

"4. Bona fide students will be carried at half rates.

"5. The charges for transporting Chinese Government laborers will be decided upon at the time of transportation.

"6. Goods for public benefit and foodstuffs for the relief of famine-stricken districts will be conveyed free of charge.

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"The Chinese text of the above agreement is to be considered as the ruling text. Signed on October 30, 1911, by His Excellency, HSU T'ING LIN, Commissioner for Foreign Affairs, Mukden, and YUAN HUI Ho, Secretary of the Board of Posts and Communications, for the Chinese; and MR. C. KOIKE, Consul General for Japan, [and?] the Vice-President and Manager of the South Manchuria Railway Company, for the Japanese."

NUMBER 1906/1.

GERMANY AND GREAT BRITAIN.

Exchange of notes respecting the reciprocal protection of trade-marks in China.*-March 26, 1906.

(1)-Sir Edward Grey to Count Metternich.

YOUR EXCELLENCY,

Foreign Office, March 23, 1906.

WITH reference to our recent conversations respecting the mutual protection of British and German trade-marks in China, I have the honour to state that under the Order in Council of the 2nd February, 1899,† it is open to a German whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British 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 the German Consular Court of German subjects infringing British trade-marks.

I have the honour to inform your Excellency that it is not open to doubt that in practice the consent of the British Minister would be given in any and every case where full reciprocity could be and was granted by Germany.

Text (and translation) as printed in Hertslet, p. 616.

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 trade-marks in China (No. 1905/4, ante).

His Majesty's Representative at Peking will be instructed accordingly, as soon as the German Government inform His Majesty's Government that it is open to British subjects to take proceedings before the German Consular Courts in China against persons subject to German Consular jurisdiction who infringe trade-marks duly registered in Germany, and that the German Consuls in China have received instructions in that sense.

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I have the honour to acknowledge the receipt of your Excellency's note of the 23rd instant, in which you state that it is open to a German subject in China to take proceedings in the competent British Consular Court against a British subject for infringement of his trade-marks, provided that the British diplomatic Representative in Peking gives his consent thereto in writing. This consent will, according to the contents of your Excellency's note above mentioned, be accorded without doubt in every case, provided that reciprocity is given.

In reply to your Excellency's note I am directed by my Government to state that the Imperial German Law for the protection of trade-marks of the 12th May, 1894 ("Reichsgesetzblatt," p. 441), is in force in the districts where. there are German Consular Courts [§ 19 of the German Law on Consular Jurisdiction of the 7th April, 1900 (“Reichsgesetzblatt,” p. 213)], and that, moreover, the German Consular Judges in China are authorized to take legal proceedings against persons subject to their jurisdiction who make unauthorized use of a trade-mark duly registered in Germany in favour of a British subject.

The German Consuls in China will be furnished with instructions in accordance with the foregoing.

I have, &c.,

P. METTERNICH.

NUMBER 1906/2.

GREAT BRITAIN AND CHINA.

Convention respecting Tibet (to which is annexed the convention between the United Kingdom and Tibet, signed at Lhasa, September 7, 1904).*—April 27, 1906.

WHEREAS His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of China are sincerely desirous to maintain and perpetuate the relations of friendship and good understanding which now exist between their respective Empires;

And whereas the refusal of Tibet to recognise the validity of or to carry into full effect the provisions of the Anglo-Chinese Convention of March 17 1890 and Regulations of December 5th 1893 placed the British Government under the necessity of taking steps to secure their rights and interests under the said Convention and Regulations;

And whereas a Convention of ten articles was signed at Lhasa on September 7th 1904 on behalf of Great Britain and Tibet, and was ratified by the Viceroy and Governor-General of India on behalf of Great Britain on November 11th, 1904, a declaration on behalf of Great Britain modifying its terms under certain conditions being appended thereto;

His Britannic Majesty and His Majesty the Emperor of China have resolved to conclude a Convention on this subject and have for this purpose named Plenipotentiaries, that is to say:

His Majesty the King of Great Britain and Ireland:

Sir Ernest Mason Satow, Knight Grand Cross of the Most Distinguished
Order of Saint Michael and Saint George, His said Majesty's Envoy
Extraordinary and Minister Plenipotentiary to His Majesty the Emperor
of China;

and His Majesty the Emperor of China:

His Excellency Tong Shoa-yi, His said Majesty's High Commissioner Plenipotentiary and a Vice-President of the Board of Foreign Affairs; who having communicated to each other their respective full powers and finding them to be in good and true form have agreed upon and concluded the following Convention in six articles :

ARTICLE I.-The Convention concluded on September 7th 1904 by Great Britain and Tibet, the texts of which in English and Chinese are attached to the

Text as printed in British Treaty Series, 1906, No. 9. Printed also in Customs, Vol. I, p. 652; Hertslet, 202.

In connection with this convention see also the convention between Great Britain and Russia, August 31, 1907 (No. 1907/16, post).

See also Note 1 to this document, post, p. 581.

For this Convention, see Hertslet, p. 92.

For these Regulations, see ibid., p. 96.

present Convention as an annexe, is hereby confirmed, subject to the modification stated in the declaration appended thereto, and both of the High Contracting Parties engage to take at all times such steps as may be necessary to secure the due fulfilment of the terms specified therein.

ARTICLE II.-The Government of Great Britain engages not to annex Tibetan territory or to interfere in the administration of Tibet. The Government of China also undertakes not to permit any other foreign State to interfere with the territory or internal administration of Tibet.

ARTICLE III.-The concessions which are mentioned in Article 9 (d) of the Convention concluded on September 7th 1904 by Great Britain and Tibet are denied to any state or to the subject of any state other than China, but it has been arranged with China that at the trade marts specified in Article 2 of the aforesaid Convention Great Britain shall be entitled to lay down telegraph lines connecting with India.

ARTICLE IV. The provisions of the Anglo-Chinese Convention of 1890 and Regulations of 1893 shall, subject to the terms of this present Convention and annexe thereto, remain in full force.

ARTICLE V.-The English and Chinese texts of the present Convention have been carefully compared and found to correspond but in the event of there being any difference of meaning between them the English text shall be authoritative.

ARTICLE VI.-This Convention shall be ratified by the Sovereigns of both countries and ratifications shall be exchanged at London within three months after the date of signature by the Plenipotentiaries of both Powers.§

In token whereof the respective Plenipotentiaries have signed and sealed this Convention, four copies in English and four in Chinese.

Done at Peking this twenty-seventh day of April, one thousand nine hundred and six, being the fourth day of the fourth month of the thirty-second year of the reign of Kuang-hsü.

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Convention between the Governments of Great Britain and Tibet signed at Lhasa on the 7th September 1904.

Declaration signed by His Excellency the Viceroy and Governor-General of India on behalf of the British Government and appended to the ratified Convention of the 7th September 1904.

§ Ratifications were exchanged at London, July 23, 1906.

Convention between the Governments of Great Britain and Tibet.

[Signed also in Chinese.]

Whereas doubts and difficulties have arisen as to the meaning and validity of the Anglo-Chinese Convention of 1890, and the Trade Regulations of 1893, and as to the liabilities of the Tibetan Government under these agreements; and Whereas recent occurrences have tended towards a disturbance of the relations of friendship and good understanding which have existed between the British Government and the Government of Tibet; and Whereas it is desirable to restore peace and amicable relations, and to resolve and determine the doubts and difficulties as aforesaid, the said Governments have resolved to conclude a Convention with these objects, and the following articles have been agreed upon by Colonel F. E. Younghusband, C.I.E., in virtue of full powers vested in him by His Britannic Majesty's Government and on behalf of that said Government, and Lo-Sang Gyal-Tsen, the Ga-den Ti-Rimpoche, and the representatives of the Council, and the three monasteries, Se-ra, Dre-pung and Ga-den, and of the ecclesiastical and lay officials of the National Assembly on behalf of the Government of Tibet.

I. The Government of Tibet engages to respect the Anglo-Chinese Convention of 1890 and to recognize the frontier between Sikkim and Tibet, as defined in Article I of the said Convention, and to erect boundary pillars accordingly.

II. The Tibetan Government undertakes to open forthwith trade marts to which all British and Tibetan subjects shall have free right of access at Gyantse and Gartok, as well as at Yatung.

The Regulations applicable to the trade mart at Yatung, under the AngloChinese Agreement of 1893, shall, subject to such amendments as may hereafter be agreed upon by common consent between the British and Tibetan Governments, apply to the marts above mentioned.

In addition to establishing trade marts at the places mentioned, the Tibetan Government undertakes to place no restrictions on the trade by existing routes, and to consider the question of establishing fresh trade marts under similar conditions if development of trade requires it.

III. The question of the amendment of the Regulations of 1893 is reserved for separate consideration, and the Tibetan Government undertakes to appoint fully authorized delegates to negotiate with representatives of the British Government as to the details of the amendments required.||

IV. The Tibetan Government undertakes to levy no dues of any kind other than those provided for in the tariff to be mutually agreed upon.

V.-The Tibetan Government undertakes to keep the roads to Gyantse and Gartok from the frontier clear of all obstruction and in a state of repair suited to the needs of the trade, and to establish at Yatung, Gyantse, and Gartok, and at each of the other trade marts that may hereafter be established, a Tibetan Agent who shall receive from the British Agent appointed to watch over British trade

See Note 2 to this document, post, p. 582.

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