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securing the vessel and cargo. The persons thus saved shall receive friendly treatment, and, if necessary, shall be furnished with means. of conveyance to the nearest Consular station. Should any Chinese merchant vessel be compelled on account of injury sustained or any other cause to seek a place of refuge in the nearest port of Japan, she shall likewise be treated in the same way by the Japanese Authorities. ARTICLE XVIII.

The Chinese Authorities at the several open ports shall adopt such means as they may judge most proper to prevent the Smuggling. revenue suffering from fraud or smuggling.

ARTICLE XIX.

If any Japanese vessel be plundered by Chinese robbers or pirates, Robbers and pi- it shall be the duty of the Chinese Authorities to use every endeavor to capture and punish the said robbers or pirates, and to recover and restore the stolen property.

rates.

Jurisdiction over

ARTICLE XX.

Jurisdiction over the persons and property of Japanese subjects in China is reserved exclusively to the duly authorized Japanese persons Japanese Authorities, who shall hear and determine and property. all cases brought against Japanese subjects or property by Japanese subjects, or by the subjects or citizens of any other Power, without the intervention of the Chinese Authorities.

ARTICLE XXI.

If the Chinese Authorities or a Chinese subject make any charge or complaint of a civil nature against Japanese subjects

Mixed cases.

or in respect of Japanese property in China, the case shall be heard and decided by the Japanese Authorities.

In like manner all charges and complaints of a civil nature brought by Japanese Authorities or subjects in China against Chinese subjects or in respect of Chinese property, shall be heard and determined by the Chinese Authorities.

ARTICLE XXII.

Japanese subjects charged with the commission of any crimes or offences in China shall be tried, and, if found guilty, punished by the Japanese Authorities according to the laws of Japan.

Crimes and offenses.

In like manner Chinese subjects charged with the commission of any crimes or offences against Japanese subjects in China shall be tried, and, if found guilty, punished by the Chinese Authorities according to the laws of China.

ARTICLE XXIII.

Should any Chinese subject fail to discharge debts incurred to a Japanese subject, or should he fraudulently abscond, Debts-abscond- the Chinese Authorities will do their utmost to effect ing debtors. his arrest, and enforce recovery of the debts. The Japanese Authorities will likewise do their utmost to bring to justice. any Japanese subject who fraudulently absconds or fails to discharge debts incurred by him to a Chinese subject.

Surrender of

Japanese and Chiabsconding

ARTICLE XXIV.

If Japanese subjects in China, who have committed offences or have failed to discharge debts and fraudulently abscond, should flee to the interior of China or take refuge in houses occupied by Chinese subjects or on board of Chinese ships, the Chinese Authorities shall, at the request of the Japanese Consul, deliver them to the Japanese Authorities.

nese

debtors.

In like manner if Chinese subjects in China, who have committed offences or have failed to discharge debts and fraudulently abscond, should take refuge in houses occupied by Japanese subjects in China or on board of Japanese ships in Chinese waters, they shall be delivered up at the request of the Chinese Authorities made to the Japanese Authorities.

tion treatment.

ARTICLE XXV.

The Japanese Government and its subjects are hereby confirmed in all privileges, immunities and advantages conferred on Most favored na- them by the Treaty stipulations between Japan and China, which are now in force; and it is hereby expressly stipulated that the Japanese Government and its subjects will be allowed free and equal participation in all privileges, immunities and advantages that may have been, or may be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any other nation.

Revision.

ARTICLE XXVI.

It is agreed that either of the High Contracting Parties may demand a revision of the Tariffs and of the Commercial Articles of this Treaty at the end of ten years. from the date of the exchange of the ratifications; but if no such demand be made on either side and no such revision be effected, within six months after the end of the first ten years, then the Treaty and Tariffs, in their present form, shall remain in force for ten years more, reckoned from the end of the preceding ten years, and so it shall be at the end of each successive period of ten years.

ARTICLE XXVII.

Rules and reg

The High Contracting Parties will agree upon Rules and Regulations necessary to give full effect to this Treaty. ulations putting Until such Rules and Regulations are brought into treaty in effect. actual operation, the Arrangements, Rules and Regulations subsisting between China and the Western Powers, so far as they are applicable and not inconsistent with the provisions of this Treaty, shall be binding between the Contracting Parties.

English text au

thoritative.

ARTICLE XXVIII.

The present Treaty is signed in the Japanese, Chinese and English languages. In order, however, to prevent future discussions, the Plenipotentiaries of the High Contracting Parties have agreed upon that in case of any divergence in the interpretation between the Japanese and Chinese texts of the Treaty, the difference shall be settled by reference to the English text.

ARTICLE XXIX.

The present Treaty shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the ratifications thereof shall be exchanged at Peking as soon as possible, and not later than three months from the present date.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Peking this 21st day of the 7th month of the 29th year of Meiji, corresponding to the eleventh day of the sixth month of the 22nd year of Kuang Hsü.

[L. S.]

[L. S.]

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.
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.

PROTOCOL SUPPLEMENTARY TO THE TREATY OF COMMERCE AND

NAVIGATION OF JULY 21, 1896.

SIGNED AT PEKING, OCTOBER 19, 1896.

[Translation.]

The following four Articles are hereby agreed to by Baron Hayashi Tadasu (Sho-shi-i, Decoration of the 1st Class), Envoy Extraordinary and Minister Plenipotentiary of Japan, and the Ministers Plenipotentiary, ministers of the Tsungli-ya-men, of China, to wit:

ART. I. It is hereby agreed that special Japanese settlements shall be formed at the places newly opened to commerce, and that affairs relating to roads and police shall be under the sole control of the Japanese consul.

ART. II. Regulations with respect to steamers or ships owned or chartered by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined after conference with Japan, on the basis of the Provisional Regulations for the conduct of business by foreign merchants at those places, issued by the Shanghai Customs on August of third, the twenty-second year of Kwang Hsü.

ART. III. The Government of Japan concedes the right of the Chinese Government to enforce on articles manufactured by Japanese subjects in China such a tax as may seem expedient, provided that the said tax shall not differ from, or exceed, the tax paid by Chinese subjects. The Chinese Government shall, when the Japanese Government so desires, immediately provide sites for the formation of special Japanese Settlements in Shanghai, Tientsin, Amoy, and Hankow.

ART. IV. Instructions shall be issued to the official in command in Shangtung, that no Chinese troops shall approach, or take possession of any position, within 5 Japanese ri, or about 40 Chinese li, of the limit of any positions held by Japanese forces in accordance with treaty stipulations.

The above Protocol shall be drawn up in the Chinese and Japanese languages and after comparison, the two copies shall be signed and sealed, each party taking one of the copies.

(Signed)

66

66

66

HAYASHI TADASU.

PRINCE KING.
YIN LU.

CHANG YEN-HOON.

Nineteenth day, tenth month, twenty-ninth year of Meiji; thirteenth day, ninth month, twenty-second year of Kuang-Hsü (19th October, 1896).

No. 7.

GREAT BRITAIN.

AGREEMENT BETWEEN GREAT BRITAIN AND CHINA, MODIFYING THE CONVENTION OF MARCH 1, 1894, RELATIVE TO BURMAH AND TIBET.a

SIGNED AT PEKING, FEBRUARY 4, 1897.

RATIFICATIONS EXCHANGED AT PEKING, JUNE 5, 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:-ART. I. It is agreed that the frontier between the two Empires from latitude 25° 35′ north shall run as follows:

Frontier line.

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 south-west 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.

a British and Foreign State Papers, 1896–1897. Vol. LXXXIX, pp. 25–30.
See, supra, p. 21, footnote b.

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