at the marts in question any letter which the latter may desire to send to the Tibetan or to the Chinese authorities. The Tibetan Agent shall also be responsible for the due delivery of such communications and for the transmission of replies.

VI. As an indemnity to the British Government for the expense incurred in the despatch of armed troops to Lhasa, to exact reparation for breaches of treaty obligations, and for the insults offered to and attacks upon the British Commissioner and his following and escort, the Tibetan Government engages to pay a sum of pounds five hundred thousand-equivalent to rupees seventy-five lakhs to the British Government.

The indemnity shall be payable at such place as the British Government may from time to time, after due notice, indicate whether in Tibet or in the British districts of Darjeeling or Jalpaiguri, in seventy-five annual instalments of rupees one lakh each on the 1st January in each year, beginning from the 1st January 1906.

VII. As security for the payment of the above-mentioned indemnity, and for the fulfilment of the provisions relative to trade marts specified in Articles II, III, IV and V, the British Government shall continue to occupy the Chumbi valley until the indemnity has been paid and until the trade marts have been effectively opened for three years, whichever date may be the later.

VIII.-The Tibetan Government agrees to raze all forts and fortifications and remove all armaments which might impede the course of free communication between the British frontier and the towns of Gyantse and Lhasa.

IX.-The Government of Tibet engages that, without the previous consent of the British Government

(a) no portion of Tibetan territory shall be ceded, sold, leased, mortgaged or otherwise given for occupation, to any Foreign Power;

(b) no such Power shall be permitted to intervene in Tibetan affairs; (c) no Representatives or Agents of any Foreign Power shall be admitted to Tibet;

(d) no concessions for railways, roads, telegraphs, mining or other rights, shall be granted to any Foreign Power, or to the subject of any Foreign Power. In the event of consent to such concessions being granted, similar or equivalent concessions shall be granted to the British Government;

(e) no Tibetan revenues, whether in kind or in cash, shall be pledged or assigned to any Foreign Power, or to the subject of any Foreign Power.

X. In witness whereof the negotiators have signed the same, and affixed thereunto the seals of their arms.

Done in quintuplicate at Lhasa, this 7th day of September in the year of our Lord one thousand nine hundred and four, corresponding with the Tibetan date, the 27th day of the seventh month of the Wood Dragon year.

In connection with this and the following Article, see the Declaration of the Viceroy

of India, September 7, 1904, annexed to this convention.

In proceeding to the signature of the Convention, dated this day, the representatives of Great Britain and Tibet declare that the English text shall be binding. Tibet Frontier

This Convention was ratified by the Viceroy and Governor-General of India in Council at Simla on the eleventh day of November, A.D., one thousand nine hundred and four.

S. M. FRASER,

Secretary to the Government of India,

Foreign Department.

Declaration signed by his Excellency the Viceroy and Governor-General of India and appended to the ratified Convention of 7th September 1904.

His Excellency the Viceroy and Governor-General of India, having ratified the Convention which was concluded at Lhasa on 7th September 1904 by Colonel Younghusband, C.I.E., British Commissioner for Tibet Frontier Matters, on behalf of His Britannic Majesty's Government; and by Lo-Sang Gyal-Tsen, the Ga-den Ti-Rimpoche, and the representatives of the Council, of the three monasteries Sera, Drepung, and Ga-den, and of the ecclesiastical and lay officials of the National Assembly, on behalf of the Government of Tibet, is pleased to direct as an act of grace that the sum of money which the Tibetan Government have bound themselves under the terms of Article VI of the said Convention to pay to His Majesty's Government as an indemnity for the expenses incurred by the latter in connection with the despatch of armed forces to Lhasa, be reduced from Rs. 75,00,000 to Rs. 25,00,000; and to declare that the British occupation of the Chumbi valley shall cease after the due payment of three annual instalments of the said indemnity as fixed by the said Article, provided, however, that the trade marts as stipulated in Article II of the Convention shall have been effectively opened for three years as provided in Article VI of the Convention; and that, in the meantime, the Tibetans shall have faithfully complied with the terms of the said Convention in all other respects.*

AMPTHILL,

Viceroy and Governor-General of India.

This declaration was signed by the Viceroy and Governor-General of India in Council at Simla on the eleventh day of November, A.D., one thousand nine hundred and four.

S. M. FRASER,

Secretary to the Government of India
Foreign Department.

Note 1.

In the Statesman's Year Book, 1916, p. 805, appears the statement that A conference in which he [the Dalai Lama] is represented opened in Simla on October 13, 1913, with representatives of the Chinese and Indian Governments in order to negotiate a Tripartite Agreement regulating the future relations of Tibet with China and India.

66

After prolonged negotiations a provisional agreement was reached on April 27th, 1914, when a Convention in 11 Articles, accompanied by an exchange of notes in 7 Articles, was initialled by the three representatives. This agreement provides that Tibet shall for administrative purposes be defined as Outer and Inner Tibet, in accordance with boundaries shown on a map affixed to the Convention, Inner Tibet being that portion of Tibet adjacent to China. It stipulates that Tibet forms part of Chinese territory, and is under Chinese suzerainty. It recognizes the autonomy of Outer Tibet, engages on the part of England and China to abstain from interference in the administration of Outer Tibet; China undertaking not to convert Tibet into a Chinese province, and engaging that Outer Tibet shall not be represented in any future Chinese Parliament. China engages not to send troops into Outer Tibet, nor to station civil or military officers, nor establish

* Hertslet (p. 622) notes that the final instalment of the indemnity was paid on January 27, 1908, and that the Chumbi Valley was evacuated on February 8, 1908.

Chinese colonies in that region. Any troops or officials remaining in Outer Tibet at the date of signature, shall be withdrawn within three months. A Chinese high official may be stationed as in the past at Lhasa, with an escort not exceeding 300 men. The British Agent at Gyantze may visit Lhasa with his escort should occasion_require.

"The Tibetan Trade Regulations of 1893 and 1908 are cancelled, as well as Article 3 of the Convention of April 27th, 1906. China is also released from the engagement under Article 3 of the Convention of March 17th, 1890. Difficulties arising between the Chinese and Tibetan Governments out of this Convention shall be referred to the British Government for adjustment.

"The action of the Chinese representative in initialling this provisional Convention was repudiated by China, and under instructions he abstained from signing the final Convention which in the same terms was duly signed by the British and Tibetan authorities on July 3rd, 1914. In accordance with the notification conveyed to the Chinese Government by the British Government, China, so long as she declines to sign this Convention, is deprived of all advantages and privileges secured to her under the Convention.

"China's refusal to sign is based upon her objection to the inclusion of Chiamdo in Outer Tibet, and the inclusion of Litang and Batang, which she claims to be part of Suchuan Province, in Inner Tibet. China's representative has returned to Peking. The Convention and exchange of notes referred to, signed by the British and Tibetan representatives on July 3rd, 1914, have not yet been officially made public."

It is understood that no change has since occurred in the status of the situation thus outlined.

Note 2.

Regulations respecting trade in Tibet, amending those of December 5, 1893, were signed at Calcutta, April 20, 1908, and ratifications thereof exchanged at Peking, October 14, 1908. The text (as given in British Treaty Series, 1908, No. 35), is as follows:

Tibet Trade Regulations.

"PREAMBLE.

"WHEREAS by Article 1 of the Convention between Great Britain and China on the 27th April, 1906, that is the 4th day of the 4th moon of the 32nd year of Kwang Hsü, it was provided that both the High Contracting Parties should engage to take at all times such steps as might be necessary to secure the due fulfilment of the terms specified in the Lhasa Convention of 7th September, 1904, between Great Britain and Tibet, the text of which in English and Chinese was attached as an Annexe to the above-mentioned Convention;

"And whereas it was stipulated in Article 3 of the said Lhasa Convention that the question of the amendment of the Tibet Trade Regulations which were signed by the British and Chinese Commissioners on the 5th day of December 1893_should be reserved for separate consideration, and whereas the amendment of these Regulations is now necessary;

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of the Chinese Empire have for this purpose named as their Plenipotentiaries, that is to say: "His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India,-Mr. E. C. Wilton, C.M.G.;

"His Majesty the Emperor of the Chinese Empire-His Majesty's Special Commissioner Chang Yin Tang;

"And the High Authorities of Tibet have named as their fully authorised Representative to act under the directions of Chang Tachen and take part in the negotiations—The Tsarong Shape, Wang-Chuk Gyalpo.

"And whereas Mr. E. C. Wilton and Chang Tachen have communicated to each other since their respective full powers and have found them to be in good and true form and have found the authorisation of the Tibetan Delegate to be also in good and true form, the following amended Regulations have been agreed upon:

"1.-The Trade Regulations of 1893 shall remain in force in so far as they are not inconsistent with these Regulations.

"2.-The following places shall form, and be included within, the boundaries of the Gyantse mart:—

(a) The line begins at the Chumig Dangsang (Chhu-Mig-Dangs-Sangs) north-east of the Gyantse Fort, and thence it runs in a curved line, passing behind the Pekor-Crode (Dpal-Hkhor-Choos-Sde), down to Chag-Dong-Gang (Phyag-Gdong-Sgang); thence, passing straight over the Nyan Chu, it reaches the Zamsa (Zam-Srag). (b.) From the Zamsa

the line continues to run, in a south-eastern direction, round to Lachi-To (Gla-Dkyii-Stod), embracing all the farms on its way, viz., The Lahong; The Hogtso (Hog-Mtsho); The Tong-Chung-Shi (Grong-Chhung-Gshis); and the Rabgang (Rab-Sgang), &c. (c.) From Lachi-To the line runs to the Yutog (Gyu-Thog), and thence runs straight, passing through the whole area of Gamkar-Shi (Ragal-Mkhar-Gshis), to Chumig Dangsang.

As difficulty is experienced in obtaining suitable houses and godowns at some of the marts, it is agreed that British subjects may also lease lands for the building of houses and godowns at the marts, the locality for such building sites to be marked out specially at each mart by the Chinese and Tibetan authorities in consultation with the British Trade Agent. The British Trade Agents and British subjects shall not build houses and godowns except in such localities, and this arrangement shall not be held to prejudice in any way the administration of the Chinese and Tibetan Local Authorities over such localities, or the right of British subjects to rent houses and godowns outside such localities for their own accommodation and the storage of their goods.

"British subjects desiring to lease building sites shall apply through the British Trade Agent to the Municipal Office at the mart for a permit to lease. The amount of rent, or the period or conditions of the lease, shall then be settled in a friendly way by the lessee and the owner themselves. In the event of a disagreement between the owner and lessee as to the amount of rent or the period or conditions of the lease, the case will be settled by the Chinese and Tibetan Authorities, in consultation with the British Trade Agent. After the lease is settled, the sites shall be verified by the Chinese and Tibetan Officers of the Municipal Office conjointly with the British Trade Agent. No building is to be commenced by the lessee on a site before the Municipal Office has issued him a permit to build, but it is agreed that there shall be no vexatious delays in the issue of such permit.

"3.-The administration of the trade marts shall remain with the Tibetan Officers, under the Chinese Officers' supervision and directions.

"The Trade Agents at the marts and Frontier Officers shall be of suitable rank, and shall hold personal intercourse and correspondence one with another on terms of mutual respect and friendly treatment.

'Questions which cannot be decided by agreement between the Trade Agents and the Local Authorities shall be referred for settlement to the Government of India and the Tibetan High Authorities at Lhasa. The purport of a reference by the Government of India will be communicated to the Chinese Imperial Resident at Lhasa. Questions which cannot be decided by agreement between the Government of India and the Tibetan High Authorities at Lhasa shall, in accordance with the terms of Article 1 of the Peking Convention of 1906, be referred for settlement to the Governments of Great Britain and China. "4.-In the event of disputes arising at the marts between British subjects and persons of Chinese and Tibetan nationalities, they shall be enquired into and settled in personal conference between the British Trade Agent at the nearest mart and the Chinese and Tibetan Authorities of the Judicial Court at the mart, the object of personal conference being to ascertain facts and to do justice. Where there is a divergence of view the law of the country to which the defendant belongs shall guide. In any of such mixed cases, the Officer, or Officers of the defendant's nationality shall preside at the trial; the Officer, or Officers of the plaintiff's country merely attending to watch the course of the trial.

All questions in regard to rights, whether of property or person, arising between British subjects, shall be subject to the jurisdiction of the British Authorities.

British subjects, who may commit any crime at the marts or on the routes to the marts, shall be handed over by the local authorities to the British Trade Agent at the mart nearest to the scene of offence, to be tried and punished according to the laws of India, but such British subjects shall not be subjected by the local authorities to any illusage in excess of necessary restraint.

"Chinese and Tibetan subjects, who may be guilty of any criminal act towards British subjects at the marts or on the routes thereto, shall be arrested and punished by the Chinese and Tibetan Authorities according to law.

"Justice shall be equitably and impartially administered on both sides.

Should it happen that Chinese or Tibetan subjects bring a criminal complaint against a British subject before the British Trade Agent, the Chinese or Tibetan Authorities shall have the right to send a representative, or representatives, to watch the course of trial in the British Trade Agent's Court. Similarly, in cases in which a British subject has reason to complain of a Chinese or Tibetan subject in the Judicial Court at the mart, the British Trade Agent shall have the right to send a representative to the Judicial Court to watch the course of trial.

"5.-The Tibetan Authorities, in obedience to the instructions of the Peking Government, having a strong desire to reform the judicial system of Tibet, and to bring it into accord with that of Western nations, Great Britain agrees to relinquish her rights of extra-territoriality in Tibet, whenever such rights are relinquished in China, and when she is satisfied that the state of the Tibetan laws and the arrangements for their administration and other considerations warrant her in so doing.