the ports of call on the Yang-tzu River, namely, Kongmoon, Komchuk, Shiuhing and Takhing. It is agreed that the present Agreement, together with the Special Article, shall come into force within four months of the date of signature, and that the ratifications thereof shall be exchanged at Peking as soon as possible.† In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Agreement. Done at Peking in triplicate-three copies in English, three in Chinese-the 4th day of February, in the year of our Lord 1897. [L. S.] CLAUDE M. MACDONALD. (Chinese signature of his Excellency Li.) NUMBER 1897/2. FRANCE AND CHINA. Declaration concerning the non-alienation of the Island of Hai-nan.*—March 15, 1897. THE TSUNG-LI YAMÊN TO MR. GÉRARD, MINISTER OF THE FRENCH REPUBLIC AT PEKING. 13th DAY, 2D MOON, 23D YEAR, KUANG-HSÜ. (15 March, 1897.) The 1st day of the 2d moon of the 23d year Kuang-hsü (March 3, 1897), we received a despatch in which you inform us that France, considering the close friendly and neighborly relations maintained with China, attaches great importance to the island of Hai-nan never being either alienated or ceded by China to any other foreign Power, either as final or temporary cession, or as a naval station or coaling depot. Our Yamên considers Kiung-chou (the island of Hai-nan) as belonging to the territory of China which consequently exercises over it right of sovereignty. How could it cede it to foreign nations? Furthermore, it is nowise a fact at present that it has lent it temporarily to foreign nations. As in duty bound we make to Your Excellency this official communication. (Here follow the signatures of the President and the Members of the Tsungli Yamên). *Translation, as given in Rockhill, p. 173, from the French version as printed in Doc. Dipl., Chine, 1894-8, p. 33. Printed also (in French text) in Hertslet, p. 1148. In connection with this declaration see also the Declarations to France concerning the non-alienation of the territory bordering on Tongking, April 10, 1898 (No. 1898/6, post); to Great Britain concerning the non-alienation of the Yang-tsze region, February 11, 1898 (No. 1898/1, post); to Japan concerning the non-alienation of Fukien, April 26, 1898 (No. 1898/8, post); also the Presidential Mandate concerning the non-alienation of the coasts of China, May 13, 1915 (1915/7, post). Ratifications exchanged June 5, 1897. NUMBER 1897/3. DENMARK (Great Northern Telegraph Company) AND CHINA. Telegraph convention.*-May 13, 1897. The Imperial Chinese Telegraph Administration, hereinafter called the Administration, on the one part, and the Great Northern Telegraph Company of Copenhagen, hereinafter called the Company, on the other part, being desirous of facilitating international telegraphic communication, have decided to conclude a Convention with a view to equalize the total charges by their respective routes in Asia between China and Russia. Consequently the following stipulations have been agreed on and under date below given signed by the Administration represented by its DirectorGeneral Sheng-hsuen-huai and by the Company represented by its GeneralManager in China Mr. J. Henningsen both duly furnished with full and special powers for this purpose. Article I.-1. For telegrams exchanged terminally between the Empire of China, on the one side, and the Empire of Russia, on the other side, the charge over the present and future cables in Asia connecting China with Russia in Asia and belonging to or connected with the Company, shall be the same as the Administration's terminal charge by their land junctions with Russia in Asia as fixed in the Telegraph Convention dated 13 (25) August 1892. 2. The stipulation under section 1 of this Article shall apply equally to charges for telegrams exchanged terminally between the British Colony of Hongkong on the one side and the Empire of Russia on the other side. 3. For the same telegrams as described under sections 1 and 2 of this Article via other routes across the land frontiers of China the Administration undertakes, when concluding, renewing or revising telegraph Conventions, to fix their proportion of the total charges in such manner that the total charges collected for the said telegrams via such routes at the time of the concluding, renewing or revising of such Convention shall in no case be lower than the total charges collected for the same telegrams when exchanged by the normal routes above described under sections 1 and 2 of this Article. The Company on their side undertakes a corresponding obligation for the same telegrams by future cables connecting China or Hongkong with Russia in Asia. 4. With regard to telegrams specified under sections 1, 2 and 3 of this Article transmitted by other routes present and future than those specified under sections 1, 2 and 3 of this Article the Administration and the Company reciprocally undertake to do all in their power to protect the joint interests established by the present Convention. Article II.—1. The revenue of the Administration and of the Company of all telegrams and by all routes coming under Article I of the present Conven*Text as printed in Recueil, p. 252. See Note to this document, post, p. 103. tion shall be carried to a Joint Purse in the proportions fixed in the Table stipulated in Article VII of the present Convention and this Joint Purse shall be divided between the Contracting Parties in the following manner: One half to the Administration; One half to the Company. Each of the Contracting Parties shall bear its own working expenses. 2. Considering the division of revenue the Administration will only levy terminal charge on telegrams by the Company's cable route specified in section 1 of Article I of the present Convention if and to the extent necessary to equalize the total rates by the routes of the Administration and of the Company. Such additional terminal charge shall belong to the Joint Purse and be divided equally between the Administration and the Company. Article III.-The Administration as well as the Company shall maintain their sections of the routes mentioned in sections 1 and 2 of Article I of the present Convention in good working order. Article IV.-1. The collection of the charges mentioned in sections I and 2 of Article I of the present Convention shall take place at the same rate of exchange of the coin in which the charges are collected by the Administration and by the Company at their stations in China and at Hongkong. 2. To this end the Administration and the Company shall annually at the end of the European calendar year determine the average value of that coin in francs, and this value shall serve as the rate of exchange for the collection of charges and for settlement of accounts during the year following. 3. Should the Administration and the Company be unable to agree on the average value of that coin in francs, the question shall be referred for settlement to the manager of one of the foreign banks at Shanghai. Article V.-1. The Administration and the Company shall at all their controlling stations keep correct abstracts of all telegrams specified in Article I of the present Convention and furnish each other with official copies of the same. 2. A controller of the Administration at the Company's stations at Shanghai, Foo-chou, Amoy and Hongkong and a controller of the Company at the Administration's controlling stations present and future shall have free admittance to the offices in order to check and control the correctness of the journals abstracts and accounts as far as necessary for the purposes of the present Convention. 3. The appointment of controllers is in each case subject to the approval respectively of the Administration or of the Company to which they are accredited which shall also have the right to demand their recall if considered necessary. 4. All the said controllers of the Company at the Administration's controlling stations if living on Chinese territory shall have their names placed on the register of their respective nationalities. Each of them shall respect the laws of China and conform with the Treaties made by the respective countries with the Government of China. But the Administration cannot undertake any responsibility for their personal safety. 5. They shall respect the authority of the local Manager. Their salaries as well as all other expenses are to be paid by their Employers. Article VI.-1. The settlement of accounts for all telegrams exchanged between the Administration and the Company coming under the present Convention as well as the division of revenue stipulated in Article II of the present Convention shall be established monthly at Shang-hai and paid at Shang-hai within six weeks after the end of the month in account. 2. To this end the results of the abstracts of the controlling stations signed by the controllers of the two contracting parties stipulated for in Article V of the present Convention or by the representative of the Administration at the controlling stations, where no controller of the Company be actually present shall be telegraphed to Shang-hai to be entered in the accounts settled there subject to subsequent revision after receipt in Shang-hai of the said signed abstracts and copies of the telegrams abstracted. 3. The month shall be reckoned according to the European calendar. 4. Telegrams referring to the settlement and payment of accounts shall be considered as service telegrams and transmitted free of charge. Article VII-1. To the present Convention is annexed a table signed by the contracting parties and showing the charges which shall be applied by the Administration and by the Company to telegrams described in section 1 and 2 of Article I of the present Convention as soon as it comes into force and also the rate of exchange at which the collection of charges and the settlement of accounts shall take place as well as the amount of contribution to the Joint Purse. 2. This Table will be subject to revision by the contracting parties periodically and in accordance with the stipulations of the present Convention. Article VIII.-The rules laid down in the service regulations of the International Telegraph Convention shall be observed with regard to the technical treatment of telegrams exchanged between the Administration and the Company and both contracting parties undertake to do all in their power to prevent retransmission and other circumventions of the rules to the detriment of either party. Article IX.-1. Chinese Government telegrams exchanged between China or Hongkong on the one side and Russia on the other side are treated in an exceptional manner that is to say: They pass at half of the ordinary charge over the cables in Asia of the Company and whichever be the route followed contribute nothing to the Joint Purse and are not included in the division described in Article II of the present Convention. Article X.-1. The present Convention cannot be mortgaged, sold or otherwise transferred either wholly or partly, neither can any creditor or others acquire it wholly or partly in case of liquidation compulsory or otherwise. 2. Any difference arising between the contracting parties touching the constructions of the present Convention shall be referred for decision to the Governments or their Legations at Peking which have ratified it. Article XI.-1. The present Convention shall be confirmed by Tsung-liyamen and by the Ministers at Peking for Russia and Denmark. 2. It shall be put into execution from the first day of the month following the date of its confirmation. 3. It shall remain in force until the 31 December 1910 and shall thereafter continue in force until six months after one of the contracting parties shall have given notice of its intention to modify or to abrogate it. In witness whereof the undersigned duly authorized to this effect have signed the present Convention. Done in Shang-hai in the Chinese language and in the English language. Three expeditions duly compared and found to be in agreement have been signed in each of these languages on the thirteenth day of the month of May 1897 corresponding with the twelfth day of the fourth moon of the twenty third year of the reign of Kuang-siu. For the Imperial Chinese Telegraph Administration (L. S.) The Director General SHENG. For the Great Northern Telegraph Company of Copenhagen- Vu et approuvé: Le Chargé d'Affaires de Russie et de Danemark (L. S. du Tsung-li-yamen). Table drawn up in execution of the stipulation in Article VII of the Convention dated the thirteenth May 1897. Charges to be collected per single word of all telegrams. The terminal charge of the Administration and the cable charge mentioned in sections 1 and 2 of Article I of the Convention: 2 francs. Contribution to the Joint Purse (stipulated in Article II of the Convention) per single word of ordinary telegrams by routes described in sections 1 and 2 of Article I of the Convention under which also come the cables of Eastern Extension Australasia and China Telegraph Company Limited, as being connected with the Company. Telegrams exchanged terminally with Hongkong, Amoy, Foochou: 1 franc 60 centimes. Telegrams exchanged terminally with all other places in China: 2 francs. By routes described in sections 3 and 4 of Article I of the Convention: The total of the revenue accruing to the Administration or to the Company excepting the revenue accruing to their lines in Europe. Rate of exchange. Articles IV and VI of the Conventions until 1 July 1897. 8 francs 50 centimes equal to 2 Mexican dollars 75 cents. In witness whereof the undersigned duly authorized to this effect have signed the present table. Done in Shang-hai in the Chinese language and in the English language. Three expeditions duly compared and found to be in agreement have been signed. in each of these languages on the thirteenth day of the month of May 1897 |