3. In mixed civil cases, (a.) If the plaintiff is a foreigner-not of French nationality—and the Chinese defendant is a resident of the International Settlement, he is to be sued before the Mixed Court of the International Settlement. (b.) If the plaintiff is French and the Chinese defendant is a resident of the French Settlement he is to be sued before the Mixed Court of the French Settlement. (c.) If the plaintiff is a foreigner-not of French nationality—and the Chinese defendant is a resident of the French Settlement, the latter shall be sued before the Mixed Court of the International Settlement whose warrant or summons for his appearance after counter-signature by the French ConsulGeneral will be executed or served by the runners of the International Mixed Court with the assistance of the police of the French Settlement, without previous hearing in the Mixed Court of the French Settlement. (d.) If the plaintiff is French and the Chinese defendant is a resident of the International Settlement the latter shall be sued before the Mixed Court of the French Settlement whose warrant or summons for his appearance after counter-signature by the Senior Consul will be executed or served by the runners of the French Mixed Court with the assistance of the police of the International Settlement, without previous hearing in the Mixed Court of the International Settlement. 4. In criminal cases where a foreigner-not of French nationality—is complainant, the Mixed Court of the International Settlement is competent; if a Frenchman is complainant the Mixed Court of the French Settlement is competent. The provisions under clause 3, (c) and (d) as to executing warrants also apply under this clause. NUMBER 1902/6. AUSTRIA-HUNGARY, BELGIUM, DENMARK, FRANCE, GERMANY, GREAT BRITAIN, ITALY, JAPAN, THE NETHERLANDS, NORWAY, PORTUGAL, RUSSIA, SPAIN, SWEDEN, THE UNITED STATES AND CHINA. Tariff Agreement relating to the revised import tariff, 1902.*—August_29, 1902.† WHEREAS it was provided by the Final Protocol signed at Peking on the 7th of September 1901 (Article VI) that the existing Tariff on goods imported into *Text as printed in Customs, Vol. I, p. 953, omitting the Tariff and attached Rules, which are herein printed as an Annex to the American Commercial Treaty of October 8, 1903 (No. 1903/5), at pp. 433, 449, post. For Tariff and Rules now in force, however, see Revised Import Tariff of 1918 (No. 1918/18, post). Printed also in Hertslet, p. 148; Soglashenia, p. 80; Traités et Conventions, p. 163. In regard to date, see Note 2 to this document, post, p. 341. China should be increased to an effective five per cent.; and whereas it was further provided that all Duties levied on Imports ad valorem should be converted as far as feasible and with the least possible delay into specific Duties, this conversion to be effected in the following manner: The average value of merchandise at the time of landing during the three years 1897, 1898, and 1899, that is to say, the market price less the amount of Import Duty and incidental expenses to be taken as the basis for the valuation of such merchandise: The Special Commissioners of China: and of .... have agreed and determined, on the basis aforesaid, upon the Tariff hereto appended together with certain Rules for the application thereof; and do hereby agree that the said Tariff and Rules shall be binding on the Governments and subjects of their respective countries. The Tariff and Rules aforesaid shall be binding on and after the.... Should it be ascertained hereafter that any articles have been omitted from this Tariff which it is found can be conveniently provided for on a specific basis in terms of the Final Protocol of 1901, it is understood that the necessary additions shall be made at rates to be mutually agreed upon by Representatives of the various Powers by whom this Tariff has been signed. It is understood that, in the event of there being any difference of meaning between the English and Chinese texts of the Tariff and Rules, the sense as expressed in the English text shall be held to be the correct sense. The present Agreement has been drawn up in two identical copies and signed. by the Special Commissioners of the countries aforesaid. One copy shall be given to the Special Commissioners of China and one copy shall be given to the Special Commissioners of ..... Done at Shanghai, in the Empire of China, this..... ....day of...... in the year of Our Lord one thousand nine hundred and..... corresponding with the Chinese date, the........day of the...... moon of the...... year of KUANG Hsü. Note 1. In connection with this agreement see also the British commercial treaty of September 5, 1902 (No. 1902/7), and the American and Japanese commercial treaties of October 8, 1903 (Nos. 1903/4 and 1903/5, post); also the Revised Tariff approved by the International Tariff Commission, December 19, 1918 (No. 1918/18, post). For the duty-free list, see the following copy of a despatch addressed by the foreign members of the Import Tariff Revision Commission to the Chinese Commissioners, as printed in Customs: Despatch of Import Tariff Commission regarding Duty Free List.-August 29, 1902. "SHANGHAI, 29th August 1902. "YOUR EXCELLENCIES, "WITH reference to the new Tariff which has just been signed, this note puts on record that the following words have been erased from Rule II of the Rules at the end of the Tariff:- Samples in reasonable quantities, and certified to be for show and not for sale; Government Stationery for Consulates in China; Passengers Baggage for bonâ fide private use; Circulars, etc., distributed gratis, of mercantile houses; and Private Effects (not including Wines, Stores, and Tobacco) of individual foreigners imported by themselves for their own personal use and not for sale, provided that the Customs Authorities are satis fied that the articles in question fulfil these conditions;' and also 'Personal Baggage of less than twenty passengers and.' "It is understood between the Foreign and Chinese Commissioners that, though the above words have been eliminated from the Rules, the matter therein referred to will be dealt with by the Inspector General of the Imperial Maritime Customs at his discretion, in accordance with the instructions issued by him subsequent to the Final Protocol of the 7th September 1901. "We have the honour to be, "Your Excellencies obedient Servants, HIRSCH. "JAS. L. MACKAY. "E. HIOKI. "(Vide I. G. Circulars Nos. 979, 984, 1,016, 1,020, 1,022, 1,025, 1,026, instructions received.) "12th October 1901 "12th October 1901 "19th April 1902 1. Foreign Rice, Cereals, and Flour; Gold and Silver, coined 3. Suplies for the use of Foreign Forces, military and naval. 4. Official Stationery actually transmitted by Foreign Govern- 5. Supplies under Government Stores Certificates. 6. "10th May 1902 7. 8. "3rd June 1902 "12th October 1901 "3rd June 1902 "3rd June 1902 "31st May 1902 Circulars, etc., distributed gratis by mercantile houses. 9. The bona fide baggage of travellers, i.e., Passengers Lug- 10. Clothing, Books, Pictures, and Furniture already in use For the export tariff, see the Anglo-Chinese Agreement containing rules of trade, November 8, 1858 (Hertslet, p. 45). Note 2. The date is that of the original conclusion of the agreement: in Customs, loc. cit., it is noted that the Tariff Agreement was signed by the representatives of the several Powers on the following dates: "1902, August 29th (KUANG HSU, 28th year, 7th moon, 26th day), to come into effect October 31st (10th moon, 1st day): "The Representatives of China signing on the above date were 66 'LÜ HAI-HÜAN. "1903, March 28th (KUANG Hsü, 29th year, 2nd moon, 30th day), to come into effect April 27th (4th moon, 1st day): 66 'ITALY .... Signed by MAJOR C. NERAZZINI. D. M. POSDNEEFF. "1904, March 23rd (KUANG Hsü, 30th year, 2nd moon, 7th day), to come into effect May 5th (3rd moon, 20th day): "DENMARK .... 1904, March 30th (KUANG HSU, 66 signature: FRANCE "NORWAY "SWEDEN } Signed by F. HAGBERG. 30th year, 2nd moon, 14th day), to come into effect on "1904, November 11th (KUANG Hsü; 30th year, 10th moon, 5th day), to come into effect on signature: "PORTUGAL Signed by J. D'A. CASTELLO BRANCO. "The Representatives of China signing on the above dates were Treaty respecting commercial relations, etc. (with Annexes.)*-September 5, 1902. 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 China, having resolved to enter into negotiations with a view to carrying out the provision contained in Article 11 of the Final Protocol signed at Peking on the 7th September, 1901, under which the Chinese Government agreed to negotiate the amendments deemed useful by the foreign Governments to the Treaties of Commerce and Navigation and other subjects concerning commercial relations with the object of facilitating them, have for that purpose named as their Plenipotentiaries, that is to say: His Majesty the King of Great Britain and Ireland, His Majesty's Special Commissioner, Sir James Lyle Mackay, Knight Commander of the Most Eminent Order of the Indian Empire, a member of the Council of the Secretary of State for India, &c. And His Majesty the Emperor of China, the Imperial Commissioners Lü Hai-huan, President of the Board of Public Works, &c., and Shêng Hsüan-huai, Junior Guardian of the Heir-Apparent, Senior Vice-President of the Board of Public Works, &c. *Text as printed in British Treaty Series, No. 17 (1903). Printed also in Rockhill, p. 102; Customs, Vol. I, p. 543; Hertslet, p. 171; Recueil, p. 594. In connection with this treaty see the Tariff Agreement of August 29, 1902 (No. 1902/6, ante); see also Japanese and American commercial treaties of October 8, 1903 (Nos. 1903/4 and 1903/5, post). Who having communicated to each other their respective full powers, and found them to be in good and due form have agreed upon and concluded the following Articles: ARTICLE I.t-Delay having occurred in the past in the issue of Drawback Certificates owing to the fact that those documents have to be dealt with by the Superintendent of Customs at a distance from the Customs Office, it is now agreed that Drawback Certificates shall hereafter in all cases be issued by the Imperial Maritime Customs within three weeks of the presentation to the Customs of the papers entitling the applicant to receive such Drawback Certificates. These Certificates shall be valid tender to the Customs authorities in payment of any duty upon goods imported or exported (transit dues excepted), or shall, in the case of Drawbacks on foreign goods re-exported abroad within three years from the date of importation, be payable in cash without deduction by the Customs Bank at the place where the import duty was paid. But if, in connection with any application for a Drawback Certificate, the Customs authorities discover an attempt to defraud the revenue, the applicant shall be liable to a fine not exceeding five times the amount of the duty whereof he attempted to defraud the Customs, or to a confiscation of the goods. ARTICLE II.—China agrees to take the necessary steps to provide for a uniform national coinage which shall be legal tender in payment of all duties, taxes and other obligations throughout the Empire by British as well as Chinese subjects. ARTICLE III.-China agrees that the duties and likin combined levied on goods carried by junks from Hong Kong to the Treaty ports in the Canton Province and vice versâ, shall together not be less than the duties charged by the Imperial Maritime Customs on similar goods carried by steamer. ARTICLE IV.S-Whereas questions have arisen in the past concerning the right of Chinese subjects to invest money in non-Chinese enterprises and companies, and whereas it is a matter of common knowledge that large sums of Chinese capital are so invested, China hereby agrees to recognise the legality of all such investments past, present and future. It being, moreover, of the utmost importance that all shareholders in a JointStock Company should stand on a footing of perfect equality as far as mutual obligations are concerned, China further agrees that Chinese subjects who have or may become shareholders in any British Joint-Stock Company shall be held to have accepted, by the very act of becoming shareholders, the Charter of Incorporation or Memorandum and Articles of Association of such Company and regulations framed thereunder as interpreted by British Courts, and that Chinese Courts shall enforce compliance therewith by such Chinese shareholders, if a suit to that effect be entered, provided always that their liability shall not be other or greater than that of British shareholders in the same Company. Similarly the British Government agree that British subjects investing in † See American treaty of 1903, Article 8. See American treaty of 1903, Article 13, and Japanese treaty of 1903, Article 13. § See Japanese treaty of 1903, Article 4. |