If, however, the consular officer is materially interested in the vessel or cargo, or is the agent thereof, or if Dutch subjects or subjects or citizens of a third nation are affected by the said damages, and the parties should be unable to reach an amicable settlement, then recourse may by right be had to the competent local authority.

ARTICLE 12.-Upon the death, in the Dutch possessions or colonies, of a Chinese subject without known heirs or testamentary executors, the Dutch authorities charged by the laws or decrees of the possession or colony with the administration of inheritances shall immediately notify the Chinese consular officers of the fact in order that the necessary information may be transmited to those interested; on the other hand, the Chinese consular officers shall, in case they are the first to learn of the fact, give notice thereof to the said authorities.

The competent local authority shall complete said notification by delivering, in due form and without cost, a copy of the death certificate.

ARTICLE 13.-The consuls-general, consuls, vice-consuls and consular agents shall have the right, in their offices, in their private residence, in the residence of the interested subjects of their country or on board vessels of their nation, to receive the declarations of the captains and crews of vessels of their country, of the passengers on board, and of any other subject of their country.

ARTICLE 14.-The consuls-general, consuls, vice-consuls or consular agents of China shall have exclusive charge of the internal order of all merchantmen of their nation.

They alone shall have jurisdiction over all controversies which may have arisen at sea or may arise in port between the captain, the officers and men of the crew, including controversies regarding the adjustment of wages and the execution of contracts,

The tribunals or other authorities of the possession or colony may not for any reason whatever interfere in these controversies unless they should be of such a nature as to disturb the peace and public order on shore or in the port, unless persons not of the crew take part therein, or unless the consuls-general, consuls, vice-consuls and consular agents request the assistance of the said authorities to carry out their decisions or to uphold their authority.

ARTICLE 15. Whereas, in China the same favors are to be reciprocally accorded to the consuls-general, consuls, vice-consuls and consular agents of the Netherlands, therefore the consuls-general, consuls, vice-consuls and consular agents of China, not engaged in trade nor any function or profession other than their consular functions, shall be exempt from all military service, requisitions or billeting, from pecuniary taxes in the place of military service and from any personal tax, as well as from general or municipal taxes of a personal nature, unless they are Dutch subjects. This exemption can never be extended so as to include customs or other indirect or direct taxes.

The consuls-general, consuls, vice-consuls and consular agents who are not Dutch subjects, even if they do not come under the stipulations of the first paragraph of this article, are exempt from all military services, military requisitions and all pecuniary taxes in the place of military service, inasmuch as in

China the same privilege is granted to the consuls-general, consuls, vice-consuls and consular agents of the Netherlands.

The consuls-general, consuls, vice-consuls and consular agents who are subjects of the Netherlands, but who may have been permitted to exercise consular functions conferred by the Chinese Government, are obliged to pay all taxes or contributions of whatever nature they might be.

ARTICLE 16.-The consuls-general, consuls, vice-consuls and consular agents, as well as consular students, chancellors and secretaries of China shall enjoy all powers, privileges, exemptions and immunities in the possessions or colonies of the Netherlands which are or may be granted in future to the officers of similar rank of the most favored nation.

ARTICLE 17.-The present convention is entered into for a period of five years and shall go in force four months from the date of the exchange of ratifications, which exchange shall take place at The Hague within four months after the signing of the convention, or sooner if possible.†

Unless one of the two high contracting parties notifies the other at least one year before the expiration of this period, of its intention to abrogate the convention, the latter shall remain in force for one year from the date of its denunciation by one of the high contracting parties.

In testimony whereof the respective plenipotentiaries have signed the present convention and affixed their seals thereto.

Done at Peking, the eighth day of the month of May, one thousand nine hundred and eleven, corresponding to the tenth day of the fourth moon of the third year of Hsüan Tung.

(L. S.) BEELAERTS VAN BLOKLAND. (L. S.) Lou TSENG TSIANG.

Note.

Simultaneously with the conclusion of this convention, the following notes (as translated from the French texts in Staatsblad, 1912, No. 280) were exchanged between the plenipotentiaries:

"The Netherlands Minister at Peking to His Excellency Mr. Lou Tseng Tsiang, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of China near the Queen of the Netherlands, temporarily at Peking.

"Mr. Minister,

"Peking, May 8, 1911.

"The consular convention that we have signed to-day speaks in several places of 'Chinese subjects' and of Netherlands subjects.'

"In consequence of differing legislation of our two countries in the matter of nationality, these expressions might give rise to doubts that it seems preferable to dispose of at this time. For this purpose I have the honor to propose to your Excellency that it should be agreed on either side that in the application of the present convention, which has no other purpose than to determine the rights, duties, etc. of the Chinese consular officials in the possessions or colonies of the Netherlands, the doubts to which these two expressions might give rise will be settled, in the possessions and colonies of the Netherlands, in conformity with the legislation in force in those possessions or colonies.

"I avail myself of this occasion, etc.

Ratifications exchanged July 28, 1911.

"His Excellency Lou Tseng Tsiang to the Netherlands Minister at Peking.

"Mr. Minister,

"Waiwupu, Peking,

"The 10th day of the 4th Moon of the 3rd year of Hsuan T'ung, corresponding to May 8, 1911.

In reply to your Excellency's note of to-day's date, I have the honor to make known to you that I am authorized to agree with you that in so far as concerns the application of the consular convention that we have signed to-day and which has no other purpose than to determine the rights, duties, etc., of the Chinese consular officials in the possessions or colonies of the Netherlands, the doubts to which the expressions Chinese subjects' and Netherlands subjects' might give rise will be settled, in the possessions and colonies of the Netherlands, in conformity with the legislation in force in those possessions or colonies.

66

I avail myself of this occasion, etc.

(Sgd.)

"LOU TSENG TSIANG."

NUMBER 1911/4.

GREAT BRITAIN AND CHINA.

Agreement relating to Opium.*—May 8, 1911.

UNDER the arrangement concluded between His Majesty's Government and the Chinese Government three years ago † His Majesty's Government undertook that, if during the period of three years from the 1st day of January, 1908, the Chinese Government should duly carry out the arrangement on their part for reducing the production and consumption of opium in China, they would continue in the same proportion of 10 per cent. the annual diminution of the export of opium from India until the completion of the full period of ten years in 1917.

His Majesty's Government, recognising the sincerity of the Chinese Government and their pronounced success in diminishing the production of opium in China during the past three years, are prepared to continue the arrangement of 1907 for the unexpired period of seven years on the following conditions:

ARTICLE 1.-From the 1st day of January, 1911, China shall diminish annually for seven years the production of opium in China in the same proportion as the annual export from India is diminished in accordance with the terms of this agreement and of the annex appended hereto until total extinction in 1917.

ARTICLE 2.-The Chinese Government have adopted a most rigorous policy

* Text as printed in British Treaty Series, 1911, No. 13. Printed also in Customs, vol. I, p. 669; Hsuan T'ung Tiao Yüeh, vol. II, p. 12; Am. Int. Law Journal, Supplement, 1911, p. 238.

In connection with this agreement, see the international opium convention of January 23, 1912 (No. 1912/2, post); also the Shanghai and Hongkong opium combines' agreement of May 1, 1915 (No. 1915/5, post), and the Shanghai opium combine's agreement of January 28, 1917 (No. 1917/3, post).

The arrangement referred to, generally known as the Ten Year Agreement, was arrived at in the course of correspondence between the British Legation at Peking and the Wai Wu Pu, in December, 1907, and January, 1908. The substance of that agreement, as printed in For. Rel., 1908, p. 80, and in China, 1908, No. 2, is given in Note 2 to this document, post, p. 865.

for prohibiting the production, the transport, and the smoking of native opium, and His Majesty's Government have expressed their agreement therewith and willingness to give every assistance. With a view to facilitating the continuance of this work, His Majesty's Government agree that the export of opium from India to China shall cease in less than seven years if clear proof is given of the complete absence of production of native opium in China.

ARTICLE 3.-His Majesty's Government further agree that Indian opium shall not be conveyed into any province in China which can establish by clear evidence that it has effectively suppressed the cultivation and import of native opium.

It is understood, however, that the closing of the ports of Canton and Shanghai to the import of Indian opium shall not take effect except as the final step on the part of the Chinese Government for the completion of the above measure.

ARTICLE 4.-During the period of this agreement it shall be permissible for His Majesty's Government to obtain continuous evidence of the diminution of cultivation by local enquiries and investigation conducted by one or more British officials, accompanied, if the Chinese Government so desire, by a Chinese official. Their decision as to the extent of cultivation shall be accepted by both parties to this agreement.

During the above period one or more British officials shall be given facilities for reporting on the taxation and trade restrictions on opium away from the treaty ports.

ARTICLE 5.-By the arrangement of 1907 His Majesty's Government agreed to the dispatch by China of an official to India to watch the opium sales on condition that such official would have no power of interference. His Majesty's Government further agree that the official so dispatched may be present at the packing of the opium on the same condition.

ARTICLE 6.-The Chinese Government undertake to levy a uniform tax on all opium grown in the Chinese Empire. His Majesty's Government consent to increase the present consolidated import duty on Indian opium to 350 taels per chest of 100 catties, such increase to take effect as soon as the Chinese Government levy an equivalent excise tax on all native opium.

ARTICLE 7-On confirmation of this agreement, and beginning with the collection of the new rate of consolidated import duty, China will at once cause to be withdrawn all restrictions placed by the provincial authorities on the wholesale trade in Indian opium such as those recently imposed at Canton and elsewhere, and also all taxation on the wholesale trade other than the consolidated import duty, and no such restrictions or taxation shall be again imposed so long as the additional article to the Chefoo Agreement remains as at present in force.

It is also understood that Indian raw opium, having paid the consolidated import duty, shall be exempt from any further taxation whatsoever in the port of import.

Should the conditions contained in the above two clauses not be duly observed, His Majesty's Government shall be at liberty to suspend or terminate this agreement at any time.

The foregoing stipulations shall not derogate in any manner from the force

of the laws already published or hereafter to be published by the Chinese Government to suppress the smoking of opium and to regulate the retail trade in the drug in general.

ARTICLE 8.-With a view to assisting China in the suppression of opium, His Majesty's Government undertake that from the year 1911 the Government of India will issue an export permit with a consecutive number for each chest of Indian opium declared for shipment to or for consumption in China.

During the year 1911 the number of permits so issued shall not exceed 30,600, and shall be progressively reduced annually by 5,100 during the remaining six years ending 1917.

A copy of each permit so issued shall before shipment of opium declared for shipment to or for consumption in China be handed to the Chinese official for transmission to his Government or to the Customs authorities in China.

His Majesty's Government undertake that each chest of opium for which such permit has been granted shall be sealed by an official deputed by the Indian Government, in the presence of the Chinese official if so requested.

The Chinese Government undertake that chests of opium so sealed and accompanied by such permits may be imported into any treaty port of China without let or hindrance if such seals remain unbroken.

ARTICLE 9.-Should it appear on subsequent experience desirable at any time during the unexpired period of seven years to modify this agreement or any part thereof, it may be revised by mutual consent of the two high contracting parties.

ARTICLE 10.-This agreement shall come into force on the date of signature. In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed the same and affixed thereto their seals.

Done at Peking in quadruplicate (four in English and four in Chinese) this 8th day of May, in the year 1911, being the 10th day of the 4th month of the 3rd year of Hsüan T’ung.

(L. S.) J. N. JORDAN.
(Signed in Chinese characters),

(L. S.) Tsou CHIA-LAI.

ANNEX.

On the date of the signature of the agreement a list shall be taken by the Commissioners of Customs, acting in concert with the colonial and consular officials, of all uncertified Indian opium in bond at the treaty ports, and of all uncertificated Indian opium in stock in Hong Kong which is bonâ fide intended for the Chinese market, and all such opium shall be marked with labels, and on payment of 110 taels consolidated import duty shall be entitled to the same treaty rights and privileges in China as certificated opium.

Opium so marked and in stock in Hong Kong must be exported to a Chinese port within seven days of the signature of the agreement.