Nanking, it is agreed that British subjects may frequent the cities and ports of New-Chwang, Tang-Chow,† Tai-Wan (Formosa), Chau-Chow (Swatow),† and Kiung-Chow (Hainan).

They are permitted to carry on trade with whomsoever they please, and to proceed to and fro at pleasure with their vessels and merchandize.

Residence, Buying and Renting of Houses.-Erection of Churches, Hospitals, Cemeteries, &c.

They shall enjoy the same privileges, advantages and immunities, at the said towns and ports, as they enjoy at the ports already opened to trade, including the right of residence, of buying or renting houses, of leasing land therein, and of building churches, hospitals, and cemeteries.

ARTICLE XII.

Erection, &c., of Houses, Warehouses, Churches, Hospitals, and Cemeteries, &c.

British subjects, whether at the ports or at other places, desiring to build or open houses, warehouses, churches, hospitals, or burial-grounds, shall make their agreement for the land or buildings they require, at the rates prevailing among the people, equitably, and without exactions on either side.

ARTICLE XIII.

Employment of Chinese by British Subjects.

The Chinese Government will place no restrictions whatever upon the employment, by British subjects, of Chinese subjects in any lawful capacity.

ARTICLE XIV.

Hire of Boats by British Subjects.-Smuggling.

The

British subjects may hire whatever boats they please for the transport of goods or passengers, and the sum to be paid for such boats shall be settled between the parties themselves, without the interference of the Chinese Government. number of these boats shall not be limited, nor shall a monopoly in respect either of the boats, or of the porters or coolies engaged in carrying the goods, be granted to any parties. If any smuggling takes place in them, the offenders will, of course, be punished according to law.

* Article II, see p. 64.

Chefoo and Swatow were opened to trade in the place of Tang-Chow and Chau-Chow respectively.

ARTICLE XV.

Jurisdiction of British Authorities in Questions affecting
British Subjects.

All questions in regard to rights, whether of property or person, arising between British subjects, shall be subject to the jurisdiction of the British authorities.

ARTICLE XVI.

Administration of Justice.-British Consular Jurisdiction
in case of Crimes committed by British Subjects.

Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by the 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 other public functionary authorized thereto, according to the laws of Great Britain.

Justice shall be equitably and impartially administered on both sides.

ARTICLE XVII.

Disputes between British Subjects and Chinese.- Consular
Intervention.

A British subject having reason to complain of a Chinese, must proceed to the Consulate, and state his grievance. The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case, and decide it equitably.

ARTICLE XVIII.

Protection of British Persons and Property.

The Chinese authorities shall at all times afford the fullest protection to the persons and property of British subjects, whenever these shall have been subjected to insult or violence. In all cases of incendiarism or robbery the local authorities shall

at once take the necessary steps for the recovery of the stolen property, the suppression of disorder, and the arrest of the guilty parties, whom they will punish according to law.

ARTICLE XIX.

Pirates.

If any British merchant-vessel, while within Chinese waters, be plundered by robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates, and to recover the stolen property, that it may be handed over to the Consul for restoration to the owner.

ARTICLE XX.

Wrecks.

If any British vessel be at any time wrecked or stranded on the coast of China, or be compelled to take refuge in any port within the dominions of the Emperor of China, the Chinese authorities, on being apprised of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and shall be furnished, if necessary, with the means of conveyance to the nearest Consular station.

ARTICLE XXI.

Surrender of Fugitive Criminals between China
and Hong Kong.

If criminals, subjects of China, shall take refuge in Hong Kong, or on board the British ships there, they shall, upon due requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be delivered up.

In like manner, if Chinese offenders take refuge in the houses or on board the vessels of British subjects at the open ports, they shall not be harboured or concealed, but shall be delivered up, on due requisition by the Chinese authorities, addressed to the British Consul.

ARTICLE XXII.

British and Chinese Fraudulent Debtors.

Should any Chinese subject fail to discharge debts incurred to a British subject, or should he fraudulently abscond, the

Chinese authorities will do their utmost to effect his arrest and enforce recovery of the debts. The British authorities will likewise do their utmost to bring to justice any British subject fraudulently absconding or failing to discharge debts incurred by him to a Chinese subject.

ARTICLE XXIII.

Debts incurred by Chinese at Hong Kong.

Should natives of China who may repair to Hong Kong to trade incur debts there, the recovery of such debts must be arranged for by the English Courts of Justice on the spot; but should the Chinese debtor abscond, and be known to have property, real or personal, within the Chinese territory, it shall be the duty of the Chinese authorities, on application by, and in concert with, the British Consul, to do their utmost to see justice done between the parties.

ARTICLE XXIV.

Import and Export Duties.--Most-favoured-nation Treatment.

It is agreed that British subjects shall pay, on all merchandize imported or exported by them, the duties prescribed by the Tariff; but in no case shall they be called upon to pay other or higher duties than are required of the subjects of any other foreign nation.

ARTICLE XXV.

Payment of Import and Export Duties.

Import duties shall be considered payable on the landing of the goods, and duties of export on the shipment of the

same.

ARTICLE XXVI.

Revision of Tariff.

Whereas the Tariff fixed by Article X of the Treaty of Nanking, and which was estimated so as to impose on imports and exports a duty at about the rate of 5 per cent. ad valorem, has been found, by reason of the fall in value of various articles

of merchandize, therein enumerated, to impose a duty upon these, considerably in excess of the rate originally assumed as above to be a fair rate, it is agreed that the said Tariff shall be revised, and that as soon as the Treaty shall have been signed, application shall be made to the Emperor of China to depute a high officer of the Board of Revenue to meet, at Shanghai, officers to be deputed on behalf of the British Government, to consider its revision together, so that the Tariff, as revised, may come into operation immediately after the ratification of this Treaty.

ARTICLE XXVII.

Duration and Revision of Treaty and Tariff.

It is agreed that either of the High Contracting Parties to this Treaty may demand a further revision of the Tariff, and of the Commercial Articles of this Treaty, at the end of ten years; but if no demand be made on either side within six months after the end of the first ten years, then the Tariff 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 XXVIII.

Transit Dues.

Whereas it was agreed in Article X of the Treaty of Nanking, that British imports, having paid the Tariff duties, should be conveyed into the interior free of all further charges, except a transit duty, the amount whereof was not to exceed a certain percentage on tariff value; and whereas no accurate information having been furnished of the amount of such duty, British merchants have constantly complained that charges are suddenly and arbitrarily imposed by the provincial authorities. as transit duties upon produce on its way to the foreign market, and on imports on their way into the interior, to the detriment of trade; it is agreed that within four months from the signing of this Treaty, at all ports now open to British trade, and within a similar period at all ports that may hereafter be opened, the authority appointed to superintend the collection of duties shall be obliged, upon application of the Consul, to declare the amount of duties leviable on produce between the place of production and the port of shipment, and upon imports between the Consular port in question and the inland markets named by the Consul; and that a notification thereof shall be published in English and Chinese for general information.

But it shall be at the option of any British subject, desiring to [536] G 2