II. Le Ministre des Affaires Étrangères est chargé de l'exécution du présent Décret. Fait à Mont St. Vaudrey, le 5 Octobre, 1880. JULES GREVY. Par le Président de la République : AGREEMENT between the Governments of Great Britain and China, for the Settlement of the Yunnan Case, Official Intercourse, and Trade between the two Countries.*--Signed in the English and Chinese languages, at Chefoo, September 13, 1876.+ [Ratifications exchanged at London, May 6, 1886.] 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-General 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 present year, from the Earl of Derby, Principal Secretary of State for Foreign Affairs, dated the 1st January, 1876. This contained instructions regarding the disposal of three questions: first, a satisfactory settlement of the Yunnan 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 1st year of the reign Kwang Sü), on the subject of rectification of conditions of trade. It is to this despatch that Sir Thomas Wade has referred himself in discussions on these questions with the Tsung-li Yamên, further reference to which is here omitted as superfluous. The conditions now agreed to between Sir Thomas Wade and the Grand Secretary are as follows: -- * See Correspondence between Great Britain and China, respecting the attack by Chinese troops on the Indian Expedition to Western China, and the murder of a member of the British Consular Service (Mr. Margary) in Yünnan. Page 933. † An Additional Article, for regulating the traffic in Opium, was signed at Section I.-Settlement of the Yunnan Case. 1. A Memorial is to be presented to the Throne, whether by the Tsung-li Yamên or by the Grand Secretary Li is immaterial, in the sense of the Memorandum prepared by Sir Thomas Wade. Before presentation the Chinese text of the Memorial is to be shown to Sir Thomas Wade. 2. The Memorial having been presented to the Throne, and the Imperial Decree in reply received, the Tsung-li Yamên will communicate copies of the Memorial and Imperial Decree to Sir Thomas Wade, together with a copy of a letter from the Tsung-li Yamên to the Provincial Governments, instructing them to issue a Proclamation that shall embody at length the above Memorial and Decree. Sir Thomas Wade will thereupon reply to the effect that for two years to come officers will be sent, by the British Minister, to different 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 depute competent officers to accompany those so sent to the places which they go to observe. 3. In order to the framing of such Regulations as will be needed for the conduct of the frontier trade between Burmah and Yünnan, the Memorial, submitting the proposed settlement of the Yunnan affair, will contain a request that an Imperial Decree be issued, directing the Governor-General and Governor, whenever the British Government shall send officers to Yünnan, to select a competent officer of rank to confer with them and to conclude a satisfactory arrangement. 4. The British Government will be free for five years, from the 1st January next, being the 17th day of the 11th moon of the second year of the reign of Kwang Sü, to station officers at Tali Fu, or at some other suitable place in Yünnan, to observe the conditions of trade; to the end that they may have information upon which to base the Regulations of Trade when these have to be discussed. For the consideration and adjustment of any matter affecting British officers or subjects, these 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 from a Mission from India into Yünnan, it is open to the Viceroy of India to send such Mission at any time he may see fit. 5. The amount of indemnity to be paid on account of the families of the officers and others killed in Yünnan; on account of the expenses which the Yünnan case has occasioned; and on account of claims of British merchants arising out of the action of officers of the Chinese Government up to the commencement of the present year, Sir Thomas Wade takes upon himself to fix at 200,000 taels, payable on demand. 6. When the case is closed an Imperial letter will be written, expressing regret for what has occurred at Yünnan. The Mission bearing the Imperial 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 text of the Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li Yamên. Section II.-Official 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 officials at the ports; also the conduct of judicial proceedings in mixed cases. 1. In the Tsung-li Yamên's Memorial of the 28th September, 1875, 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 diplomatic intercourse lay equally within their prayer. To the prevention of further misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamên shall address a Circular to the Legations, inviting foreign Representatives to consider with them a code of etiquette, to the end that foreign officials 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 to establish Missions and Consulates abroad renders an understanding on these points essential. 2. The British Treaty of 1858,† Article XVI, lays down that "Chinese subjects who may be guilty 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 authorized thereto, according to the laws of Great Britain. * Page 1050. + Vol. XLVIII, Page 47. "Justice shall be equitably and impartially administered on both sides." The words "functionary authorized thereto" are, translated in the Chinese text, "British Government." In order to the fulfilment of its Treaty obligations, the British Government has established a Supreme Court at Shanghae, with a special Code of Rules, which it is now about to revise. The Chinese Government has established at Shanghae a Mixed Court, but the officer presiding over it, either from lack of power or dread of unpopularity, constantly fails to enforce his judgments. It is now understood that the Tsung-li Yamên will write a Circular to the Legations, inviting foreign Representatives at once to consider with the Tsung-li Yamên the measures needed for the more effective administration of justice at the ports open to trade. 3. It is agreed that, whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation. To the prevention of misunderstanding on this point, Sir Thomas Wade will write a note to the above effect, to which the Tsung-li Yamên will reply, affirming that this is the course of proceeding to be adhered to for the time to come. 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 official of the defendant's nationality, the official of the plaintiff's nationality 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 against them in detail. 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. 1. With reference to the area within which, according to the Treaties in force, li-kin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade agrees to move his Government to allow the ground rented by foreigners (the so-called Concessions) at the different ports to be regarded as the area of exemption from * Vol. XLVIII. Page 47. + See Additional Article signed at London, July 18, 1885, which will be given in a subsequent Volume. li-kin; and the Government of China will thereupon allow I-ch'ang in the Province of Hu-Pei, Wu-hu in An-Hui, Wen-Chow in CheKiang, and Pei-hai (Pak-hoi) in Kwang-Tung, to be added to the number of ports open to trade, and to become Consular stations. The British Government will, farther, be free to send officers to reside at Ch'ung K'ing, to watch the conditions of British trade in Ssu-Ch'uen. British merchants will not be allowed to reside at Ch'ung King, or to open establishments or warehouses there, so long as no steamers have access to the port. When steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration. It is farther proposed as a measure of compromise that at certain points on the shore of the Great River, namely, Ta-t'ung, and Ngan-Ching, in the Province of An-Hui; Hu-K‘ou, in KiangSi; Wu-suëh, Lu-chi-k'ou, and Sha-shih, in Hu-Kuang; these being all places of trade in the interior, at which, as they are not open ports, foreign merchants are not legally authorized to land or ship goods; steamers shall be allowed to touch for the purpose of landing or shipping passengers or goods, but in all instances by means of native boats only, and subject to the regulations in force affecting native trade. Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, but may not be landed by them for sale. And at all such points, except in the case of imports accompanied by a transit-duty certificate, or exports similarly certificated, which will be severally passed free of li-kin on exhibition of such certificates, li-kin will be duly collected on all goods whatever by the native authorities. Foreign merchants will not be authorized to reside or open houses of business or warehouses at the places enumerated as ports of call. 2. At all ports opened to trade, whether by earlier or later agreement, at which no settlement area has been previously defined, it will be the duty of the British Consul, acting in concert with his colleagues, the Consuls of other Powers, to come to an understanding with the local authorities regarding the definition of the foreign Settlement area. 3.* On opium, Sir Thomas Wade will move his Government to sanction an arrangement different from that affecting other imports. British merchants, when opium is brought into port, will be obliged to have it taken cognizance of by the Customs, and deposited in bond, either in a warehouse or a receiving hulk, until such time as there is a sale for it. The importer will then pay the Tariff duty * See Additional Article signed at London, July 18, 1885, which will be given in a subsequent Volume, |