No. 5.

GREAT BRITAIN-FRANCE.

DECLARATION BETWEEN GREAT BRITAIN AND FRANCE, WITH REGARD TO THE KINGDOM OF SIAM AND OTHER MATTERS (ADVANTAGES IN YUNNAN AND SZECHUEN; TERRITORIES TO THE WEST OF THE LOWER NIGER; COMMERCIAL ARRANGEMENTS IN TUNIS).a

SIGNED AT LONDON, JANUARY 15, 1896.

The Undersigned, duly authorized by their respective Governments, have signed the following Declaration:

French spheres of influence in Siam.

I. The Governments of Great Britain and France engage to one another that neither of them will, without the consent British and of the other, in any case, or under any pretext, advance their armed forces into the region which is comprised in the basins of the Petcha Bouri, Meiklong, Menam and Bang Pa Kong (Petriou) Rivers and their respective tributaries, together with the extent of coast from Muong Bang Tapan to Muong Pase, the basins of the rivers on which those two places are situated, and the basins of the other rivers, the estuaries of which are included in that coast; and including also the territory lying to the north of the basin of the Menam, and situated between the Anglo-Siamese frontier, the Mekong River, and the eastern watershed of the Me Ing. They further engage not to acquire within this region any special privilege or advantage which shall not be enjoyed in common by, or equally open to, Great Britain and France and their nationals and dependents. These stipulations, however, shall not be interpreted as derogating from the special clauses which, in virtue of the Treaty concluded on the 3rd October, 1893, between France and Siam, apply to a zone of 25 kilom. on the right bank of the Mekong and to the navigation of that river.

Independence of

Siam.

II. Nothing in the foregoing clause shall hinder any action on which the two Powers may agree, and which they shall think necessary in order to uphold the independence of the Kingdom of Siam. But they engage not to enter into any separate Agreement permitting a third Power to take any action. from which they are bound by the present Declaration themselves to abstain.

a British and Foreign State Papers, 1895-96, Vol. LXXXVIII, pp. 13–16.

limit.

III. From the mouth of the Nam Huok northwards as far as the Chinese frontier the thalweg of the Mekong shall Mekong thalweg form the limit of the possessions or spheres of influence of Great Britain and France. It is agreed that the nationals and dependents of each of the two countries shall not exercise any jurisdiction or authority within the possessions or sphere of influence of the other.

The police of the islands in this part of the river which are separated from the British shore by a branch of the river shall, so long as they are thus separated, be intrusted to the French authorities. The fishery shall be open to the

Police of islands in Mekong.

inhabitants of both banks.

commercial and

Szechuen.

IV. The two Governments agree that all commercial and other privileges and advantages conceded in the two Chinese No exclusive provinces of Yünnan and Szechuen either to Great other privileges Britain or France, in virtue of their respective Conin Yünnan and ventions with China of the 1st March, 1894, and the 20th June, 1895, and all privileges and advantages of any nature which may in the future be conceded in these two Chinese provinces, either to Great Britain or France, shall, as far as rests with them, be extended and rendered common to both Powers and to their nationals and dependents, and they engage to use their influence and good offices with the Chinese Government for this purpose.

eral convention of

V. The two Governments agree to name Commissioners delegated Delimitation of by each of them, who shall be charged to fix by mutual territory west of agreement, after examination of the titles produced on Lower Niger. either side, the most equitable delimitation between the British and French possessions in the region situated to the west of the Lower Niger. VI. In conformity with the stipulations of Article XL of the General Convention concluded between Great Britain and Revision of gen- the Regency of Tunis on the 19th July, 1875, which July 19, 1875, provides for a revision of that Treaty "in order with Tunis, agreed that the two Contracting Parties may have the opportunity of hereafter treating and agreeing upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective people," the two Governments agree at once to commence negotiations for replacing the said General Convention by a new Convention, which shall correspond with the intentions proposed in the Article above referred to.

to.

Done at London, the 15th January, 1896.

[L. S.]

[L. S.]

SALISBURY.

ALPH. DE COURCEL.

No. 6.

JAPAN.

TREATY OF COMMERCE AND NAVIGATION BETWEEN JAPAN AND

CHINA.

SIGNED AT PEKING, 21ST DAY OF 7TH MONTH, 29TH YEAR OF MEIJI (21ST JULY, 1896); RATIFIED 29TH DAY OF 9TH MONTH, 29th Year of Meiji (29th September, 1896); RATIFICATIONS EXCHANGED AT PEKING, 20TH DAY OF 10TH MONTH, 29TH YEAR OF MEIJI (20TH NOVEMBER, 1896); AND

PROMULGATED 28TH DAY OF 10TH MONTH, 29TH YEAR OF MEIJI (28th November, 1896).

His Majesty the Emperor of Japan and His Majesty the Emperor of China, having resolved, in pursuance of the provisions of Articles VI. of the Treaty signed at Shimonoseki on the 17th day of the 4th month of the 28th year of Meiji, corresponding to the 23rd day of the 3rd month of the 21st year of Kuang Hsü, to conclude a Treaty of Commerce and Navigation, have for that purpose named as Their Plenipotentiaries, that is to say:

His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary; and His Majesty the Emperor of China, Chang Yen Hoon, Minister Plenipotentiary, Minister of the Tsungli-yamen, Holding the rank of the President of a Board and Senior Vice-President of the Board of Revenue;

Who, after having communicated to each other their Full Powers found to be in good and due form, have agreed upon and concluded the following Articles:

ship.

ARTICLE I.

There shall be perpetual peace and friendship between His Majesty the Emperor of Japan and His Majesty the Emperor Peace and friend- of China, and between their respective subjects who shall enjoy equally in the respective countries of the High Contracting Parties full and entire protection for the'r persons and property.

Diplomatic

ARTICLE II.

It is agreed by the High Contracting Parties that His Majesty the Emperor of Japan may, if he see fit, accredit a Diploagents; preroga matic Agent to the Court of Peking and His Majesty tives, immunities. the Emperor of China may, if he see fit, accredit a Diplomatic Agent to the Court of Tokio.

The Diplomatic Agents thus accredited shall respectively enjoy all the prerogatives, privileges and immunities accorded by international law to such Agents and they shall also in all respects be entitled to the treatment extended to similar Agents of the most favoured nation.

Their persons, families, suites, establishments, residences and correspondence shall be held inviolable. They shall be at liberty to select and appoint their own officers, couriers, interpreters, servants and attendants without any kind of molestation.

Consular agents; privileges, immu

nities.

ARTICLE III.

His Majesty the Emperer of Japan may appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents to reside at such of the ports, cities and towns of China, which are now, or may hereafter be, opened to foreign residence and trade, as the interests of the Empire of Japan may require. These officers shall be treated with due respect by the Chinese Authorities, and they shall enjoy all the attributes, authority, jurisdiction, privileges and immunities which are, or may hereafter be, extended to similar officers of the nation most favoured in these respects. His Majesty the Emperor of China may likewise appoint ConsulsGeneral, Consuls, Vice-Consuls and Consular Agents to reside at any or all of those places in Japan, where Consular officers of other nations are now, or may hereafter, be admitted, and, saving in the matter of jurisdiction in respect of Chinese subjects and property in Japan, which is reserved to the Japanese Judicial Courts, they shall enjoy the rights and privileges that are usually accorded to such officers.

Residential,

in China.

ARTICLE IV.

Japanese subjects may, with their families, employés and servants, frequent, reside and carry on trade, industries and trading, and other manufactures, or pursue any other lawful avocations rights of Japanese in all the ports, cities and towns of China, which are now, or may hereafter be, opened to foreign residence. and trade. They are at liberty to proceed to or from any of the open ports with their merchandise and effects, and within the localities at those places which have already been, or may hereafter be, set apart for the use and occupation of foreigners, they are allowed to rent or

purchase houses, rent or lease land, and to build churches, cemeteries and hospitals, enjoying in all respects the same privileges and immunities as are now, or may hereafter be, granted to the subjects or citizens of the most favoured nation.

China.

ARTICLE V.

Japanese vessels may touch for the purpose of landing and shipping passengers and merchandise in accordance with the exPorts of call in isting Rules and Regulations concerning foreign trade there at all those places in China, which are now ports of call, namely, Ngan-ching, Ta-tung, Hu-kow, Wu-sueh, Lu-chi-kow and Woosung and such other places as may hereafter be made ports of call also. If any vessel should unlawfully enter ports other than open ports and ports of call in China or carry on clandestine trade along the coast or rivers, the vessel with her cargo shall be subject to confiscation by the Chinese Government.

Passports.

ARTICLE VI.

Japanese subjects may travel, for their pleasure or for purposes of trade, to all parts of the interior of China, under passports issued by Japanese Consuls and countersigned by the Local Authorities. These passports, if demanded, must be produced for examination in the localities passed through. If the passports be not irregular, the bearers will be allowed to proceed and no opposition shall be offered to their hiring of persons, animals, carts or vessels for their own conveyance or for the carriage of their personal effects or merchandise. If they be without passports or if they commit any offence against the law, they shall be handed over to the nearest Consul for punishment, but they shall only be subject to necessary restraint and in no case to ill-usage. Such passports shall remain in force for a period of thirteen Chinese months from the date of issue. Any Japanese subject travelling in the interior without passport shall be liable to a fine not exceeding three hundred Taels. Japanese subjects may, however, without passports go on excursions from any of the ports open to trade, to a distance not exceeding one hundred Chinese li and for a period not exceeding five days. The provisions of this Article do not apply to crews of ships.

ARTICLE VII.

Japanese subjects residing in the open ports of China may take into their service Chinese subjects and employ them in any Chinese employed lawful capacity without restraint or hindrance from by Japanese. the Chinese Government or Authorities.