"For the lease of the above sites it shall not be necessary to pay to China any other tax than 1,000 Chinese cash per se (3 92/100 square poles) annually as ground rent. The classification of sites shall be discussed and settled between the Japanese Consulate and the Chinese local authorities. "ARTICLE 5.-The price of sites provided for roads and drains within the Settlement shall be fixed per se (3 92/100 square poles) at 20 dollars for first class, 16 dollars for second class, and 10 dollars for third class sites, and the Japanese Consulate shall hand the amount to the Chinese local authorities at the time of the commencement of the work. "It shall not be necessary to pay to the Chinese Government any ground rent or other taxes in respect of the above sites. “ARTICLE 6.—A person wishing to lease in perpetuity a site within the Settlement shall send in an application to the Japanese Consulate, mentioning clearly in writing the site he requires. The Japanese Consulate shall, after making an examination of the site, collect the fixed price according to the nature of the site, and hand it to the Chinese local authorities. The Chinese local authorities shall prepare a title-deed in triplicate, and transmit it to the Japanese Consulate; and the Japanese Consulate shall affix their seal to it, give one copy to the lessee, return one to the Chinese local authorities, and keep one in the Japanese Consulate. Should the lessee lose the title-deed by water, fire, robbery, or other cause, he may apply for the issue of a fresh title-deed. As regards the form of the title-deed, the Chinese local authorities and the Japanese Consulate shall consult and decide. "ARTICLE 7.-After Kwocho [Kuanghsü] 31st year (six years hence), if any person wishes to lease a site in perpetuity, the Japanese Consulate shall notify its disposal by auction on a date from fifteen to twenty days from the date of application, and it shall be so disposed of in the presence of the local authorities. The law regarding disposal of a site by auction shall, however, be that it shall always be leased to the highest bidder. If it happens that two or more persons bid the same price, it shall be put up again for auction. When the lessee has been determined, he shall be required to pay at once one-fifth of the price of the site as a deposit, and the remainder entirely within one month. The procedure in remitting the price, and the method of issuing the title-deed shall be similar to that provided for in the previous Article. "ARTICLE 8.-The ground rent payable by the lessee shall be collected each year by the Japanese Consulate, and handed over to the Chinese local authorities on the 15th day of the 4th moon_(Chinese calendar). The Chinese local authorities shall send a receipt to the Japanese Consulate. Under extraordinary circumstances, the Consul shall, after the matter has been settled, collect additional ground rent and hand it over. ARTICLE 9.-Chinese and foreigners are permitted to reside and carry on business in the Settlement. But they have none of the rights of lease specified in these Articles. "ARTICLE 10.-When the lessee desires to sell or transfer his right to the land leased, both parties shall make application in a joint letter to the Japanese Consulate. When the Japanese Consulate considers that there is no objection, the Chinese authorities shall be communicated with, and they shall make out a new title-deed. ARTICLE 11.-The fees for removing buildings connected with graves in the Settlement shall, at any time, be discussed and settled between the Japanese Consulate and the Chinese local authorities. 'The Chinese authorities shall strictly prohibit the additional construction of buildings connected with graves in future. ARTICLE 12.-The Japanese Consulate may at any time make regulations and levy dues from vessels stopping at the wharves, and apply the proceeds to the expenses of the Settlement. ARTICLE 13.-When it is desired to repair the wharves within the Settlement, or erect hulks, a spot shall be chosen which does not interfere with the passing to and fro of merchant-vessels, after consultation between the Japanese Consulate and the Commissioner of Customs. ARTICLE 14.-It shall not be permitted to construct within the Settlement buildings thatched with straw or rushes, or inferior shingles, or to store, carry, or transport gunpowder, explosives, or other goods dangerous to life and property. But when it is desired to make use of explosives under unavoidable circumstances, an application shall be made to the Japanese Consulate stating the nature of the use to which they are to be put, and permission obtained. ARTICLE 15.-The Chinese local authorities shall, in consultation with the Japanese Consulate, establish a Mixed Court in the Settlement. The Rules (of the Court) shall follow the Shanghai precedent. ARTICLE 16.-Should it be desired in future to choose a suitable lot and establish specially a cemetery for Japanese, the Japanese Consulate and the Chinese local authorities shall at any time agree on the matter. ARTICLE 17-If any points superior to what are specified in these Articles are at present permitted, or shall in future be permitted, to other foreigners, Japanese residents also shall equally enjoy them all. "These Articles shall be prepared in duplicate in Japanese and Chinese, and after being signed and sealed either Party shall keep one copy in witness thereof. It is agreed that they shall take effect after the sanction of the Governments. 46 "(L.S.) NOGATAKI HISA KICHI, "2nd Class Imperial Japanese Consul stationed at Shashi. "(L.S.) Yu TSANG YING. The separate Table and separate Plan are kept at the Foreign Office [Tokio]. " NUMBER 1897/1. GREAT BRITAIN AND CHINA. Agreement modifying the convention of March 1, 1894, relative to Burmah and Tibet.*-February 4, 1897. In consideration of the Government of Great Britain consenting to waive its objections to the alienation by China, by the Convention with France of the 20th June, 1895, of territory forming a portion of Kiang Hung, in derogation of the provisions of the Convention between Great Britain and China of the 1st March, 1894, it has been agreed between the Governments of Great Britain and China that the following additions and alterations shall be made in the last-named Convention, hereinafter referred to as the original Convention: ARTICLE I.-Frontier line.-It is agreed that the frontier between the two Empires from latitude 25° 35' north shall run as follows: Commencing at the high peak situated approximately in that latitude and in longitude 98° 14' east of Greenwich and 18° 16' west of Peking, the line shall follow, as far as possible, the crest of the hills running in a south-westerly direction to Warung Peak (Kaulyang), and shall extend thence to Sabu Pum. From Sabu Pum the frontier shall run in a line along the watershed slightly to the south of west through Shatrung Pum to Namienku Pum. Thence it shall follow a line to be fixed after local investigation, dividing the Szis and the Kumsas as far as the Tabak Kha; thence the Tabak Kha to the Namtabet; thence the Namtabet to the Paknoi Kha; thence the Paknoi Kha to its source near Talang Pum; thence the Talang Pum ridge to Bumra Shikong. From Bumra Shikong the frontier shall follow a line running in a southwest direction to the Laisa Kha; thence the Laisa Kha to the Molè stream, running between Kadôn and Laisa; thence the Molè to its confluence with the Cheyang Kha; thence the Cheyang Kha to Alaw Pum; thence the Nampaung stream to the Taping. *Text as printed in Rockhill, p. 40, from B. & F. State Papers, 1896-7, vol. 49, p. 25. Printed also in Customs, Vol. I, p. 532; Hertslet, p. 113; Recueil, p. 241; British Treaty Series, 1897, No. 7. In connection with this agreement see the Convention of March 1, 1894 (No. 1894/1, ante), particularly Article 5 and the footnotes thereto; also the Franco-Chinese delimitation convention of June 20, 1895 (No. 1895/4), and the Anglo-French declaration of January 15, 1896 (No. 1896/1, ante); also the Anglo-Chinese convention respecting Tibet, April 27, 1906 (No. 1906/2, post). THE TAPING TO THE SHWELI RIVER. II. From the junction of the Taping and the Nampaung streams the frontier shall follow the Taping to the neighbourhood of the Lwalaing ridge; thence a line running approximately along the Lwalaing ridge and the Lwalaing stream to the Namwan; thence the Namwan to its junction with the Shweli. Great Britain engages to recognize as belonging to China the tract to the south of the Namwan River, near Namkhai, which is enclosed to the west by a branch of the Nam Mak River and the Mawsiu range of hills up to Loi Chow Peak, and thence by the range running in a north-easterly direction to the Shweli River. Jurisdiction. In the whole of this area China shall not exercise any jurisdiction or authority whatever. The administration and control will be entirely conducted by the British Government, who will hold it on a perpetual lease from China, paying a rent for it, the amount of which shall be fixed hereafter. THE SHWELI TO THE MEKONG. III. From the junction of the Namwan and Shweli the frontier shall follow the northern boundary of the State of North Hsinwi, as at present constituted, to the Salween, leaving to China the loop of the Shweli River, and almost the whole of Wanting, Mong-ko, and Mong-ka. Starting from the point where the Shweli turns northward near Namswan, i. e. from its junction with the Namyang, the frontier shall ascend this latter stream to its source in the Mong-ko Hills, in about latitude 24° 7' and longitude 98° 15′, thence continue along a wooded spur to the Salween at its junction with the Namoi stream. The line shall then ascend the Salween till it meets the northwest boundary of Kokang, and shall continue along the eastern frontier of Kokang till it meets the Kunlong circle, leaving the whole circle of Kunlong to Great Britain. The frontier shall then follow the course of the river forming the boundary between Somu, which belongs to Great Britain, and Mêng Ting, which belongs to China. It shall still continue to follow the frontier between those two districts, which is locally well-known, to where it leaves the aforesaid river and ascends the hills, and shall then follow the line of water parting between the tributaries of the Salween and the Mekong Rivers, from about longitude 99° east of Greenwich (17° 30′ west of Peking), and latitude 23° 20′, to a point about longitude 99° 40′ east of Greenwich (16° 50′' west of Peking) and latitude 23°, leaving to China the Tsawbwaships of Kêng Ma, Mengtung, and Mengko. At the last named point of longitude and latitude the line strikes a very lofty mountain range, called Kong-Ming-Shan, which it shall follow in a southerly direction to about longitude 99° 30′ east of Greenwich (17° west of Peking), and latitude 22° 30', leaving to China the district of Chen-pien T'ing. Then, descending the western slope of the hills to the Namka River, it will follow the course of that river for about 10 minutes of latitude, leaving Munglem to China and Manglün to Great Britain. The frontier shall then follow the boundary between Munglem and Kiang Tong, which is locally well-known, diverging from the Namka River a little to the north of latitude 22°, in a direction somewhat south of east, and generally following the crest of the hills till it strikes the Namlam River in about latitude 21° 45' and longitude 100° east of Greenwich (16° 30′ west of Peking). It shall then follow the boundary between Kiang Tong and Kiang Hung, which is generally formed by the Namlam River, with the exception of a small strip of territory belonging to Kiang Hung, which lies to the west of that river, just south of the last-named parallel of latitude. On reaching the boundary of Western Kyaing Chaing, in about latitude 21° 27' and longitude 100° 12′ east of Greenwich (16° 18′ west of Peking), the frontier shall follow the boundary between that district and Kiang Hung until it reaches the Mekong River. IV. (No addition to original Convention.) V. It is agreed that China will not cede to any other nation either Mung Lem or any part of Kiang Hung on the right bank of the Mekong, or any part of Kiang Hung now in her possession on the left bank of that river, without previously coming to an arrangement with Great Britain. VI.-Article VI of the original Convention shall be held to be modified as follows: It is agreed that, in order to avoid any local contention, the alignments of the frontier described in the present Agreement shall be verified and demarcated, and, in the event of their being found defective at any point, rectified by a Joint Commission appointed by the Governments of Great Britain and China, and that the said Commission shall meet, at a place hereafter to be determined by the two Governments, not later than twelve months from the date of the signature of the present Agreement, and shall terminate its labours in not more than three years from the date of its first meeting. If a strict adherence to the line described would intersect any districts, tribal territories, towns, or villages, the Boundary Commission shall be empowered to modify the line on the basis of mutual concessions. If the members of the Commission are unable to agree on any point, the matter of disagreement shall at once be referred to their respective Governments. VII. (No addition to original Convention.) IX. Trade routes to be opened.-Add as follows: In addition to the Manwyne and Sansi routes sanctioned by the Convention of 1894, the Governments of Great Britain and China agree that any other routes, the opening of which the Boundary Commissioners may find to be in the interests of trade, shall be sanctioned on the same terms as those mentioned above. X. (No addition to original Convention.) XII. Add as follows: Railways in Yünnan.-The Chinese Government agrees hereafter to con sider whether the conditions of trade justify the construction of railways in Yünnan, and, in the event of their construction, agrees to connect them with the Burmese lines. XIII.-British and Chinese consular officers.-Whereas by the original Convention it was agreed that China might appoint a Consul in Burmah to reside at Rangoon; and that Great Britain might appoint a Consul to reside at Manwyne; and that the Consuls of the two Governments should each within the territories of the other enjoy the same privileges and immunities as the Consuls of the most favoured nation, and, further, that, in proportion as the commerce between Burmah and China increased, additional Consuls might be appointed by mutual consent to reside at such places in Burmah and Yünnan as the requirements of trade might seem to demand. It has now been agreed that the Government of Great Britain may station. a consul at Momein or Shunning-fu, as the Government of Great Britain may prefer, instead of at Manwyne, as stipulated in the original Convention; and also to station a Consul at Ssumao. Trading rights.—British subjects and persons under British protection may establish themselves, and trade at these places, under the same conditions as at the Treaty ports in China. The Consuls appointed as above shall be on the same footing as regards correspondence and intercourse with Chinese officials as the British Consuls at the Treaty ports. XIV. Instead of "Her Britannic Majesty's Consul at Manwyne" in the original Convention, read "Her Britannic Majesty's Consul at Shunning or Momein," in accordance with the change made in Article XIII. XV. (No addition to original Convention.) Failing agreement as to the terms of revision, the present arrangements shall remain in force. Special Article.-Wuchou-fu in Kwangsi and Samshui City and Kong Kun in Kwangtung opened to trade. Whereas on the 20th day of January, 1896, the Tsung-li Yamên addressed an official despatch to Her Majesty's Chargé d'Affaires at Peking, informing him that on the 30th day of December, 1895, they had submitted a Memorial respecting the opening of ports on the West River to foreign trade, and had received an Imperial Decree in approval, of which they officially communicated a copy. It has now been agreed that the following places, viz., Wuchow-fu, in Kwangsi, and Samshui City and Kong Kun Market, in Kwangtung, shall be opened as Treaty ports and Consular stations, with freedom of navigation for steamers between Samshui and Wuchow and Hong Kong and Canton, by a route from each of these latter places to be selected and notified in advance by the Imperial Maritime Customs, and that the following four places shall be established as ports of call for goods and passengers, under the same Regulations as |