XVI. — Treaty betvveen the Government of India and
Siam signed at Calcutta, January 14, 1874 (relative à la Birmanie et au Xieng-niaî).
(Hertslet, tome xv, p. 349).
Treaty between thf govemment of India and Siam, for promoi'ing Commercial Intercourse belween Bristish Burmati and the adjoining territories of Ciiiangmai, Lakon, and Lampoonchi, belonging toSiam (Prévention of crimes), signed ad Calcutta, january 14,
Whereas the government of India and the Siamese government désire to conclude a Treaty for the purpose of promoting commercial intercourse between British Burmali and adjoining territories of Chiangmai, Lakon, and Lampoonchi, belonging to Siam, and of preventing dacoity and other heinous crimes in the territories aforesaid : The Iligh contracting parties hâve for this purpose named and appointed their plenipotentiaries, that is to say : His Excellency the Right honorable Thomas George Baring, baron Northbroock of Slratton, and a Baronet, member of the privy council of her Most gracions Majesty the Queen of Great Britain and Ireland, grand master of the most exalted order of the Star of India, viceroy and governor-general of India in council. has on his part named and appointed Charles Umpherston Aitchison, esquire, companion of the most exalted order of the Star of India : and his Majesty Somdetch Pramindr maha Chulalong Korn B. D. M. M. P. R. V. P. W. R. N. C. P. M. C. S. P. M. M. D. P. P. P. C. C. K. C. Y, suprême King of Siam, fifth of the présent royal dynasty, who founded Lhe great city of Bangkok A. K. M. Ayuthia, has on his part named and appointed P. C. Raja Maitri, chief judge of the foreign court, first minister plenipotentiary, Ph. S. Puranurax, governor of the district of Samudr prakar, second minister plenipotentiary, and P. M. M. S. Sàmuha, chief of the département of the royal body Guard of the right adviser : and Edward Fowle, esquire, Luang Siamanukroh, consul for Siam at Rangoon, adviser, and the aforesaid plenipotentiaries havingcommunicated to each other their respective full powers, and found them to be in good and due form, haveagreed upon and concluded the foUowing articles :
I. — Ilis Majest}' the King of Siam will cause the prince of Chiangmai to establish and maintain guard stations, under proper officers, on the Siamese bank of the Lahveen river, which forms the boundary of Chiangmai, belonging to Siam, and to maintain a sufficient police force for the prévention of murder, robbery, dacoity, and other heinous crimes.
II. — If any persons, having committed dacoity in any of the territories of Chiangmai, Lakon, and Lampoonchi, cross the frontier into British territory, the Brilish aulhorities and police shall use their best endeavours to apprehend them. Such dacoits, when apprehended, shall, if Siamese subjects, be delivered over to the Siamese authorities at Chiangmai ; if British subjects, they shall be dealt with by the British officer in the Yoonzaleen district.
If any persons, having committed dacoity in British territory, cross the frontier into Chiangmai, Lakon, or Lamproonchi, the Siamese authorities and police shall use their best endeavours to apprehend them. Such dacoits, when apprehended, shall, if British subjects, be delivered over to the British officer in the Yoonzaleen district : if Siamese subjects, they shall be dealt with by the Siamese aulhorities at Chiangmai.
If any persons, whether provided with passports under article IV of this treaty or not, commit dacoity in British or Siamese territory and are apprehended in the territory in which the dacoity was committed, they may be tried and punished by the local Courts without question to their nationality.
Property plundered by dacoits, when recovered by the authorities on either side of the frontier, shall be delivered to its proper owners.
III. — The Siamese aulhorities in Chiangmai, Lakon, and Lampoonchi will afford due assistance and protection to British subjects carrying on trade or business in any of those territories, and the Brilish government in India will afford similar assistance and protection to Siamese subjects from Chiangmai, Lakon, and Lampoonchi carrying on trade or business in British territory.
IV. — British subjects entering Chiangmai, Lakon, and Lampoonchi from British Burmah must provide themselves with
passports from the chief commissioaer of British Hurinah, or such officer as he appoints in this behalf, stating their names, calling, and description. Such passports miist be renewed for each journey, and must be shown to tho Siamese officers at the frontier stations, crin the intcrior of Chiangmai, Lakon, and Lampoonchi on demand. Persons provided with passports and not carrying any articles prohibited undor the Ireaty conchided between Her Miijesty the Queen of England and His Majesty the King of Siam on the 18th April, 1855, and the supplementary agreement concluded between certain Royal commissioners on the part of the Siamese government and a Conimissioner on the part of the British government on the 13th May, 1856, shall be allowed to proceed on their journey without interférence : persons unprovided with passports may be turned back to the frontier, but shall not be subjected to further interférence.
V. — For the purpose of settling future disputes of a civil nature between British and Siamese subjects in Chiangmai, Lakon, and Lampoonchi, belonging to Siam, the following provisions are agreed to :
a) His Majesty the King of Siam shall appoint proper persons to be judges in Chiangmai with jurisdiction to investigate and décide claims of British subjects against Siamese subjects in Chiangmai, Lakon, and Lampoonchi to investigate and détermine claims of Siamese subjects against British subjects entering Chiangmai, Lakon, and Lampoonchi from Bristish Burmah, and having passports under article IV, provided such British subjects consent to the jurisdiction of the court;
b). Claims of Siamese subjects against British subjects entering Chiangmai, Lakon, and Lampoonchi from British Burmah, and holding passports under article IV, but not consenting to the jurisdiction of the Judges at Chiangmai appointed as aforesaid, shall be investigated and decided i)y the British consul at Bangkok, or by the British officer of the Yoonzabeen district ;
c) Claims of Siamese subjects against British subjects entering Chiangmai, Lakon, and Lampoonchi from British Burmah, but
not holding passports under article IV, sliall ho investigated and decided hy the ordinary local courts.
VI. — Siamese suhjects in British Burmah having claims against each other may apply to the Deputy commissioner of the district in which they may happen to be to arbitrale between thcm. Sucli Deputy commissioner shall use his good offices to effect an amicable settlement of the dispute, and if both parties hâve agreed to his arbitration his award shall be final and binding on them. Similarly British suhjects in Chiangmai, Lakon, and Lampoonchi having claims against each other may apply to any of the judges at Chiangmai appointed under article V, \vho shall use his good offices to efîect an amicable settlement of the dispute, and if both parties hâve agreed to his arbitration his award shall be final and binding on them.
VII. — Native Indian suhjects of Her Britannic Majesty entering Chiangmai, Lakon, and Lampoonchi from British Burmah, who are not provided with passports under article IV, shall be liable to the local Courts and the local law for ofTences committed by them in Siamese territorics. Native Indian subjects as aforesaid, who are provided with passports under article IV, shall be dealt with for such olTences by the British consul at Bangkok, or by the British officer in the Yoonzaleen district, according to British law.
VIII. — The Siamese authorities in Chiangmai, Lakon, and Lampoonchi, and the British authorities in the Yoonzaleen district, will at ail time use their hest endeavours to procure and furnish to the courts in the Yoonzaleen district and the Consular Court at Bangkok and to the Court at Chiangmai respectively such évidence and witnesses as may be required for the détermination of civil and criminal cases pending in thèse courts.
IX. — In cases tried by the British officer of the Yoonzaleen district, or by the judges at Chiangmai appointed under article V, in which Siamese or British subjects may respectively be interested, the Siamese or British authorities may respectively députe an officer to attend and listen to the investigation of the case, and copies of the proceedings will be furnished gratis
to the Siamese or British aulhorilies rcspectively, if required.
X. — British subjects provided witli passporls under article IV who désire to purchaso, eut, or girdle timbor in the forests of Chiangraai, Lakon, and Lampoonchi, musl enter into a written af^reement fora definite period with the owner of the forest. Such agreement must be cxecuted in diiplicate, each party relairiing' a copy, and each copy must be sealed by one of the Siamese judges at Chiangmai appointed under article V, and by the Prince of Chiangmai. A copy of every such agreement shall befurnished by the judge at Chiangmai to the British officer in the Yoonzaleen district. Any British subjects cutting or girdling trees in any forest without the consent of the owner of the forest obtained as aforesaid, or after the expiry of the agreement relating thereto, shall, if provided with a passport, be liable to pay such compensation to the owner of the forest as the British consul at Bangkok or the officer of the Yoonzaleen district may deem reasonable : if unprovided with a passport, he may be dealt with by the local courts according to the law of the country.
XI. — The judges at Chiangmai appointed under article V, and the Prince of Chiangmai, shall endeavour to prevent owners of forests from executing agreements with more than one party for the same timber or forest, and to prevent any person from improperly marking or effacing the marks on timber which has been lawfully eut or marked by another person, and shall give such facilities as are in their power to purchasers and fellers of timbor to identify their property. If the owners of forest prohibit the cutting, girdling, or removing of timber under agreements duly executed in accordance with article X, the judges at Chiangmai appointed under article V, and the Prince of Chiangmai, shall enforce the agreements, and the owners of such forests acting as aforesaid shall be liable to pay such compensation to the persons with whom they hâve entered into such agreements as the judges at Chiangmai appointed as aforesaid may deem reasonable.
XII. — British subjects entering Siamese territory from British Burmah must, according to custom and the régulations of the country, pay the duties lawfully prescribed on goods liable to
such duty. Siamese subject entering British territory must, according- to the régulations of the British government, pay the duties lawfuUy prescribed on goods liable to such duty.
XIII. — The Bristish officer of the Yoonzaleen district may, subject to the conditions of Ihis treaty exercise ail or any of the powers thaï may be exercised by a Bristish consul under the treaty concluded between Her Majesty the Queen of England and His Majesty the King of Siara on the iSth April 1855, and the supplementary agreement concluded between certain Royal commissioners on the part of the Siamese Government and a commissioner on the part of the British Government on the I3th May 1856.
XIV. — Except as and to the extentherein specially provided, nothing in Ihis treaty shall be taken to affect the provisions of any treaty or other agreement now in force between the British and Siamese Governments.
XV. — After the lapse of 7 years from the date on which this treaty shall come into force, and on 12 months' notice given by either party, this treaty shall be subject to revision by commissioners appointed on both sides for this purpose, who shall be empowered to décide on and adopt such amendments as expérience shall prove to be désirable.
XVI. — This treaty has beeii executed in English and Siamese, both versions having the same meaning, but as the British Plenipotentiary has no knowledge of the Siamese language, it is hereby agreed that in the event of any question of construction arising on this treaty, the English text shall be accepted as conveying in every respect its true meaning and intention.
XVII. — The ratification of this treaty by his Excellency the Viceroj' and Governor gênerai of India having been communicated to the Siamese Plenipotentiaries, this treaty shall be ratified by His Majesty the King of Siam, and such ratification shall be transmitted to the Secretary to the Government of India in the Foreign Department at Calcutta within 4 months, or sooner if possible.
The treaty having been so ratified shall come into force on
the Ist january, a. D. 1875, corresponding wilh the first day of the third Siamese moon in the year of Choh 1236 of the Siamese era, or on such earlier date as may be separately agreed upon.
In witness whereofthe respective Plenipotentiaries hâve signed in duplicate in English and Siamese the présent trealy and hâve affixed thereto their respective seals.
Donc at Calcutta this 14thday of January, in the year 1874 of the Christian era, corresponding to the twelfth day of the Second month of the twelfth waning moon of the year of Raka 1235 of the Siamese era.
(L. S.) C. U. AiTCHisoN plenipotentiary on behalf of the Viceroy and Governor gênerai of India. (L. S ) Signature of first Siamese envoy. — (L. S.) Signature of Second Siamese envoy).
XVII. — Convention entre la France et l'Annam, signée à Hanoï, le 6 février 1874 (deuxième convention Philastre).
{L'Exlrénie-Orient, par P. Bonnetain, p. 168).
XVIII. — Traité entre la France et IWmam, signé à Paris le 15 mars 1874 (dit : traité Dupré).
(De Clercq, tome xi, p. 144 et suiv.)
XIX. — A2:reement between the Government of G. Britain and China, signed at Tchefoo, September 13, 1876 (Settlement of the Yim-Nan Case).
Agreement negotiated between Sir Thomas Wade, K. C. B., Her Britannic Majesty's Envoy extraordinary and Minister plenipotentiary at the Court of China, and Li, Minister plenipotentiary of His Majesty the Emperor of China, Senior Grand Secretary, Governor gênerai of the Province of Chih-li, of the First class of the Third order of Nobility.
The negotiation between the Ministers above named has its origin in a despatch received by Sir Thomas Wade, in the Spring of the présent year, from the Earl of Derby, Principal Secretary of state for Foreign afîairs, dated the Ist january, 1876. This conlained instructions regarding the disposai of three questions : first, a satisfactory settlement of the Yûnnan affair : secondly, a faithful
fulfilment of engagements of last year respecting intercourse between the high officers of the two Governments : thirdly, the adoption of a uniform System in satisfaction of the understanding arrived at in the month of September 1875 (8th moon of the Ist year of the reign this despatch that SirThomasWadehas referred himself in discussions on omitted as superfluous. The conditions now agreed to between Sir Thomas Wade and the Grand Secretary are as follows).
Section T. — Seftlement of the Yvnnan Case.
1 . A mémorial is to be presented lo the Throne, whether by the Tsung-li Yamen or by the Grand Secretary Li is immaterial, in the sensé of the mémorandum prepared by Sir Thomas Wade. Before présentation the Chinese text of the mémorial is to be shown to Sir Thomas Wade.
2. The mémorial having been presented to the Throne, and the Impérial decree in reply received, the Tsung-li-Yamen will communicate copies of the mémorial and Impérial Decree to Sir Thomas Wade, together with a copy of a lettor from the Tsung-li- Yamen to the provincial Governments, instructing them to issue a proclamation that shall embody at length the above mémorial and decree. Sir Thomas Wade will thereupon reply lo the efTect that for two years to come officers will be sent, by the British Minister, to différent places in the provinces, to see that the proclamation is posted. On application from the British Minister, or the consul of any port instructed by him to make application, the high officers of the provinces will députe compétent officers to accompany those so sent to the places which they go to observe.
3. In order to the framing of such régulations as will be needed for the conduct of the frontier trade between Burmah and Yûnnon, the mémorial, submitting the proposed settlement of the Yùnnan affair, will contain a request that an Impérial Decree be issued, directing the Governor gênerai and Governor, whenever the British Government shall send officer to Yiinnan, to sélect a compétent officer of rank to confer with them and to conclude a satisfactory arrangement.
4. The British Governmeut will Jje free for five years, from the Ist January next, bein^ the ITthday of the llth moon of the 2nd year oi' the reign of Kwang-Sii, to station officers at Tali Fu, or at some other suitable place in Yunnan, to observe the conditions of trade ; to the end Ihat they may hâve information upon which to base the régulations of trade when thèse bave to be discussed. For the considération and adjustnient of any matter ail'ecting British officers or subjects, thèse officers will be free to address themselves to the authorities of the province. The opening of the trade may be proposed by the British Government, as it may find best, at any time within the term of five years, or upon expiry of the term of five years.
Passports having been obtained last year frora a mission from India into Yiinnan, it is open to the Viceroy of India to seiid Such mission at any time he may see lit.
5. The amount of indemnity to be paid on account of the familles of the officers and others killed in Yunnan : on account of the expenses which the Yunnan case has occasioned ; and on account of claims of British merchants arising out. of the action of officers of the Ghinese Government upto the commencement of the présent year. Sir Thomas Wade takes upon himself to fix at 200.000 taels, payable on demand.
6. When the case is closed an impérial letter will be written, expressing regret for what has occured in Yiinnan. The mission bearing the Impérial letter will proceed to England immediately. Sir Thomas Wade is to be informed of the constitution of this mission, for the information of his Government. The texl of the Impérial letter is also to be communicated to Sir Thomas Wade by the Tsung-li-Yamen.
Section II. — Officiai Intercourse.
Under this heading are included the conditions of intercourse between high officers in the capital and the provinces, and between consular officers and Chinese officiais at the ports; also the conduct of judicial proceedings in mixed cases.
1 . In the Tsung-li-Yamen's mémorial of the 28th september 187b,
the Prince of Kung and the Ministers stated that their object in presenting it had not been simply the transaction of business in which chinese and foreigners might be concerned ; missions abroad and the question of diplomatie intercourse lay equally within their prayer.
To the prévention of furllier misunderstanding upon the subject of intercourse and correspondence, the présent conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li-Yamen shall address a circular to the Légations, inviting foreign Représentatives to consider with them a code of étiquette, to the end that foreign officiais in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries, and as would be shown to Chinese Agents so serving abroad.
The fact that China is about lo establish Missions and consulates abroad renders an understanding on thèse point essential.
2. The British treaty of 1858, article xvi, lays down that Chinese subjects who may be guilLy of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China.
« British subjects who may commit any crime in China shall be tried and punished by the consul, or any other public functionary anthorised thereto according to the laws of Great Britain.
« Justice sahall be equitably and impartially administered on both sides. »
The words « funclionary authorised thereto » are translated in the Chinese text, « British Government».
In order to the fulfilment of its treaty obligations, the British Government lias established a Suprême Court at Shanghae, with a spécial code of rules, which it is now about lo revise. The Chinese Government bas established al Shanghae a Mixed Court, but the officer presiding over il, eitlier from lack of power or dread of unpopularity, constantly fails to enforce his judgments.
It is now understood that the Tsung-li-Yamen will write a circular to the Légations, inviting foreign représentatives at once to consider with the Tsung-li-Yamen the measures needed for
the more effective administration of justice at tbe ports open to trade.
3. It is agreed thaï, whenever a crime is committed affecting the person or property of a British subject, vvhether in the interior or at the opea ports, the British Minister shall be free to send officers to the spot to be présent at the investigation.
To the prévention of misunderstanding on this point, Sir Thomas Wade will write a note to the above effect, to which the Tsung-li-Yamen will reply, affirming that this is the course of proceeding to be adhered to for the time to corne.
It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judicial proceedings in mixed cases in China, namely, that the case is tried by the officiai of the défendants nationality, the oflicial of the plaintiff's nationalily merely attending to watch the proceedings in the interests of justice. If the officer so attending be dissatisfied with the proceedings, it will be in his power to protest againsl them in détail. The law administered will be the law of the nationality of the officer trying the case. This is the meaning of the words « hui t'ung » indicating combined action in judicial proceedings in article xvi of the Treaty of Tien-Tsin, and this is the course to be respectively followed by the officers of either nationality.
Section III. — Trade.
\. With référence to the area within which, according to the Treaties in force, li-Kin ought not to be coUected on foreign goods at the open ports. Sir Thomas Wade agrées to move his Government to allow the ground rented by foreigners (the so-called concessions) at the différent ports to be regarded as the area of exemption from li-Kin; and the Government of China will thereupon allow I-ch'ang in Ihe Province of Hu-Pei, Wu-hu in An-Hui, Wen-Chôw in Che-Kiangi and Pai-hai (Pak-hoi) in Kwang-Tung, to be added to the number of ports open to trade, and to become consular stations. Tlie British Government will, farther, be free to send officers to réside at Ch'ung K'ing, to watch the conditions
of british trade in Ssu-Ch'uen. British merchants will not be allowed to réside at Cb'ung- K'ing', or to open establishments or warehouses there so long as no steamers bave access to tbe port. When steamers bave succeeded in ascending tbe river so far, furtber arrangements can be taken into considération.
It is farther proposed as a measure of compromise that at certain points on tbe sbore of tbe Great River, namely, Ta-t'ung, and Ngan-Cbing, in tbe province of An'Hui ; Hu-K'on, in Kiang-Si : Wu-Suêcb,Lu-chi-K'ou, and Sba-Sbih, in Hu-Kuang : tbese being ail places of trade in tbe interior, at wbicb, as tbey are not open ports, foreign merchants are not legally autborised to land or ship goods : steamers shall be allowed to touch for tbe purpose of landing or sbipping passengers or goods, but in ail instances by means of native boats only, and subject to tbe régulations in force affecting native trade.
Produce accorapanied by a half-duty certificate raay be shipped at such points by tbe steamers, but may not be landed by tbem for sale. And at ail such points, except in tbe case of imports accompauied by a transit duty certificate, or exports similarly certificated, wbich will be severally passed free of li-Kin on exhibition of such certificates, li-Kin will be duly collected on ail goods whatever by tbe native autborities. Foreign merchants will not be autborised to réside or open bouses of business or warehouses at tbe places enumerated as ports of call.
2, At ail ports opened to trade, whether by earlier or later agreement, at wbich no settlement area bas been previously defined, it will be tbe duty of tbe British consul, acting in concert with bis colleagues, tbe consuls of otber Powers, to come to an understanding with tbe local autborities regarding tbe définition of the foreign settlement area.
3. On opium, Sir Thomas Wade will move bis Government to sanction an arrangement différent from that affecting otber imports. British merchants, when opium is brought into port, will be obliged to bave it taken cognizance of by tbe Customs, and deposited in bond, eilher in a warebouse or a receiving hulk, unlil such time as tbere is a sale for it. Tbe importer will then
pay the tariff duty upon it, and the purchasers the li-Ivin, in order to the prévention of the évasion of the duty. The amount of li-Kin to be collected will be decided by the différent Provincial Governments, according' to the circumstances of each.
4. The Chinese Government agrées that transit duty certificates shall beframed underone rule atall ports, no différence beingmade in the conditions set forth therein:and that, so far as imports are concerned, the nationality of the person possessing and carrying thèse is imraaterial. Native produce carried fromaninland centre to a port of shipment, if hona fuie intended for shipment to a foreign port, may be, by treaty, certificatedby the British subject interested, and exempted by payment of the half-duty from ail charges demanded upon it en route. If produce be not the property of a British subject, or is being carried to a port not for exportation, it is not entilled to the exemption that vvould be secured it by the exhibition of a transit duty certificate. The British Minister is prepared to agrée vs'ith the Tsung-li-Yamen upon rules that will secure the Chinese Government against abuse of the privilège as aff'ecting produce.
The words « ne ti », inland in the clause of article vu of the Rules appended to the tariff, regarding carriage of imports inland, and of native produce purchased inland, apply as much to places on the sea coasts and river shores, as lo places in the interior not open to foreign trade ; the Chinese Government having the right to make arrangements for the prévention of abuses thereat.
Ij. Article xlv of the treaty of i8o8 prescribes no lirait to the term within which a drawback may be claimed upon duty-paid imports. The British Minister agrées to a term of three years, after expiry of vv'hich no drawback shall be claimed.
6. The foregoing stipulation, that certain ports are to be opened to foreign trade, and that landing and shipping of goods at six places on the Great River is to be sanctioned, shall be given effect to within six months after receipt of the Impérial decree approving the mémorial of the Grand Secretary Li. The date for givingthe effect to the stipulations affecting exemption of imports frora li-Kin taxation within the foreign settlements and the coUec-
tion of li-Kin upon opium by the Customs Inspectorate at the same time as the tariff due upon it, will be fixed as soon as the British Government bas arrived at an understanding on the subject with other foreign Governments.
7. The Governor of Hong-Kong having long complained of the interférence of the Canton Customs Revenue cruisers with the Junk trade of that Colony, the Chinese Government agrées to the appointmeut of a Commission, to consist of a British consul, an officer of the Hong-Kong Government, and a Chinese officiai of equal rank, in order to the establishment of some System that shall enable the Chinese Government to protect its revenue without préjudice to the interests of the Colony.
Separate Article.
Her Majesty's Government having it in contemplation to send a mission of exploration next year by way of Peking through Kan-Su and Koko-Nor, or by way of Ssu-Ch'uen to Thibet, and thence to India, the Tsung-li-Yamên having due regard to the circumstances will,when the time arrives, issue the necessarypassports, and will address letters to the high provincial authorities and to the Résident in Thibet. If the mission should not be sent by thèse routes, but should be proceeding across the Indian frontier to Thibet, the Tsung-li-Yamên, on receipt of a communication to the above effect from the British Minister, will write to the Chinese Résident in Thibet, and the Résident, with due regard to the circumstances, will send officers to take due care of the mission ; and passports for the mission will be issued by the Tsung-li-Yamèn, that its passage be not obstructed.
Done at Chefoo, in the Province of Shan-tung, this 13th day of September, in the year of our Lord 1876.
(L. S.) Thomas Francis Wade. (L. S.) Li Hung-Chang.
XX. — Traité entre la France et l'Annam, conclu à Hué le 25 août 1883 (Traité Harmand).
{h' Affaire du Tonkin, par un Diplomate, p. 411 etsuiv.).
XXT. — Traité entre la Grande-Bretagne et le Siam,
signé à Bangkok le 3 septembre 1883 (dit: deuxième convention de Xiengmai).
(Traduit au Journal officiel de la République française : D. C, 1" février i896, p. 137).
XXTI. — Cori'espondances des lords Lyons, Granville, Salisbury, concernant les affaires IVanco-birnuines, du 8 juillet 1884 au 12 octobre 1885.
{Foreign-office : 1885, Dlue Book : n«« 67, 68, 69, 75, 77, 79, 107, 116, 118, 121,129).
XXIII. — Traité entre la France et la Chine, signé à Tientsin le 11 mai 1884 (traité Fournier).
{L'Affaire du Tonkin, par un Diplomate, p. 416 et suiv.).
XXIV. — Déclaration unilatérale du roi de Birmanie, faite à Bhamo le 24 mai 1884, remise à Paris le 4 août
{Journal officiel de la République française : D. G., l""" février 1896, p. 138).
XXV. — Traité entre la France et l'Annam, signé à Hué le 6 juin 1884 (traité Patenôtre).
{L'Affaire du Tonkin, par un Diplomate, p. 418 et suiv.).
XXVI. — Convention entre la France et le Cambodge, signée à Pnompen le 17 juin 1884 (convention Thomson).
{U Indo-Chine contemporaine, par Bouinais et Paulus. Tome II. Annexes, p. 786).
XXVIT. — Convention entre la France et la Birmanie, signée à Paris le 15 janvier 1885.
[L' Indo-Chine contemporaine, par Bouinais et Paulus. Tome II. Annexes, p. 804).
XXVIII. — Protocole entre la France et la Chine, signé à Tientsin le 4 avril 1885.
[U Affaire du Tonkin, par un Diplomate, p. 421 etsuiv.).
XXIX. — Traité entre la France et la Chine, signé à Tientsin le 9 juin 1885.
(L'Inclo-Chine contemporaine, par Bouinais et Paulus. Tome II. Annexes, p. 798 et suiv ).
XXX. — Additional article to the agreement between G. Britain and China ( Tchefoo), signed at London, July, 18, 1885.
The Governments of Great Britain and of China, considering that the arrangements proposed in clauses 1 and 2 of Section III of the agreement between Great Britain and China, signed at Chefoo on the 13th September 1876 (hereinafter referred to as the « Chefoo agreement »), in relation to the area within which li-Kiu ought not to be collected on foreign goods at the open ports, and to the définition of the foreign settlement area, require furlher considération; also that the terras of clause 3 of the same section are not sufficienty explicit to serve as an efficient régulation for the traffic in opium, and recognizing the desirability of placing restrictions on Ihe consumption of opium, hâve agreed to the présent additional article.
1° As regards the arrangements above referred to and proposed in clauses 1 and 2 of Section III of the Chefoo agreement, it is agreed that they shall be reserved for further considération between the two Governments.
2° In lieu of the arrangement respecting opium proposed in clause 3 of Section III of the Chefoo agreement, it is agreed that foreign opium, when imported into China, shall be taken cognizance of by the Impérial maritime Customs, and shall be deposited in bond, either in warehouses or receivinghulks which hâve been
approved of by the Customs, and that il shall not be removed thence until Ihere shall bave been paid to Ihe Customs Ihe tariff dvity of 30taels perchest of 100 catties, and also a sum not exceeding 80 taels per like chest as li-Kin.
3° It is agreed thaï theaforesaid import and /«-/u/idulies having been paid, the owner shall be allowed to bave the opium repacked in bond under the supervision of the Customs, and put into packages of such assorted sizes as the may sélect from such sizes as shall bave been agreed upon by the Customs authorities and British consul at the port of entry.
The Customs shall then, if required, issue gratuitously to the owner a transit certificate for each such package, or one for any number of packages, at the option of the owner.
Such certificate shall free the opium to which it applies frora the imposition of any further tax or duty whilst in transport in the interior, provided that the package bas not been opened, and that the Customs seals, marks, and numbers on the packages bave not been effaced or tampered with.
Such certificate shall bave validity only in the hands of Chinese subjecls and shall not entitle foreigners to convey or accompany any opium in which they may be interested into the interior.
4° It is agreed that the régulations under which the said certificates are to be issued shall be the same for ail the ports, and that the form shall be as follows.
« Opinm Transit Certificate. »
This is to certify that tariff and li-Kin duties at the rate of ... taels per chest of 100 catties bave been paid on the opium marked and numbered as under ; and that, in conformity with the additional article signed at London the 18th July 1885, and appended to Ihe Agreement between China and Great Britain signed at Cheffo the 15th September, 1876, and approved by the Impérial Decree printed on the back hereof, the production of this certificate will exempt the opium to which it refers, wherever it may be found, from the imposition of any further tax or duty whatever,
provided that the packages are unbroken, and the Customs seals, marks, and numbers hâve not been effaced or tampered with. Mark, N» 00 packages.
Port of entry, Date
Signature of commissioner of Customs.
5° The Chinese Government undertakes that when the package shall hâve been opened at the place of consumption the opium shall not be subjected to any tax or contribution, direct or indirect, other than or in excess of such tax or contribution as is or may hereafter be levied on native opium.
In the event of such tax or contribution being calculated ad valorem the same rate, value for value, shall be assessed on foreign and native opium, and is ascertaining fort this purpose the value of foreign opium the amount paid on it (or li-Kin at the port of entry shall be deducted from its market value.
6o It is agreed that the présent additional article shall be considered as forming part of the Chefoo agreement, and that it shall hâve the same force and validity as if it were inserted therein word for word.
It shall come into opération six months after its signature, provided Ihe ratifications hâve then been exchanged, or if they hâve not, then on the date at which such exchange takes place.
1° The arrangement respecting opium contained in the présent additional article shall remain binding for four years, after the expiration of which period either Government may at any time give twelve months notice of its désire to terminate it, and such notice being given, it shall terminate accordingly.
It is, however, agreed that the Government of Great Britain shall hâve the right to terminate the same at any time, should the transit certificate be found not to confer on the opium complète exemption from ail taxation whatsoever whilst being carried from the port of entry to the place of consumption in the interior.
In the event of the terminalion of the présent additional article
the arrangement with regard to opium now in force under the régulations attached to the treaty of Tien-Tsin shall revive.
8° The High contracting Parties may, by common consent, adopt any modifications of the provisions of the présent additional article which expérience may show to be désirable.
9» It is understood that the commission provided for in clause 7 of section III of the Chefoo agreement to inquire into the question of the prévention of smuggling into China from Hong- Kong shall be appointed as soon as possible.
10° The Chefoo agreement, togelher with, and as modified by, the présent additional article, shall be ratified, and the ratifications shall be exchanged at London as soon as possible.
In witness whereoff the undersigned, duly anthorized thereto by their respective governments, hâve signed the présent additional article, and hâve affixed thereto their seals.
Donè at London, in quadruplicate (two in English and two in Chinese) this 18th day of July, 1885, being the seventh day of the sixth moon in Ihe eleventh year of the reign of Kwang-Sti.
(L. S.) Salisbury.
(L. S.) Tseng.
XXXI. — Convention entre la France etl'Annam, signée à Hué le 30 juillet 1885 (convention de Courcy).
{L'Indo-Chine française, par J.-L. de Lanessan, p. 17S).
XXXI bis. — Dépêche ministérielle du 13 août 1885. [Journal officiel de la République française, 13 août 1885).