MACKAY COMMERCIAL TREATY

MACKAY COMMERCIAL TREATY

5.-MACKAY COMMERCIAL TREATY.

TREATY between Great Britain and China respecting Commercial Re-
lations, &c. Signed at Shanghai, September, 1902.
[Ratifications exchanged at. Peking, JWy 28, 1903.]

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 Majest the Emperor of China, havin, resolved to enter into
negotiations with a view loout the provision contained in
Article 1 1 of the Final Protocol sicyjied at Peking oil 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 Kill,- of Great Britain and Ireland, His Majesty's
Special Commissioner, Sir James Lyle mackay, Knight commander of the
MostEminent 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
Lu Hai-huan, President of the Board of Public works, &c and Sheng
Hsuan-huai, Junior Guardian of the Heir-Apparent, Senior vice-President
of the Board of public Works, &c

Who having communicated to each other their respective full powers,
and found them to be in good and due form have agreed upon and con-
cluded the following articles:-

III. China agrees that the duties and li-kin combined levied on goods
carried by junks from Hongkong to the Treaty ports in the Canton
Province and vice versa, shall together not be less than the duties charged
by the Imperial martitime Customs on similar goods carried by steamer.

IV. Whereas questions have arisen in the past concerning the right of
chinese subjects to invest money in non-Chinese enterprised and com-
panies, and wheras it is a matter of common knowledge that large sums
of Chinese capital are so invested, China hereby agress to recognise the
legality of all such investments past, present, and future.





It bein moreover, of the, utmost importance that all shareholders in a
Joint-Stock 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 thereivith by such Chinese shareholders, if a suit lo that
effect be entered, provided always that their flabilits, shall not bc other
or greater than that of British shareholders in the same Company.

Similarly the British Government agree that British subjects investing
in Chinese Companies shall be under the. same obligation-, as the Chinese
shareholders in such Companies.
The foregoing shall not apply to cases which have already been before
the Courts and been dismissed,

VII. Inasinuch as the British Government afford protection to Chinese
trade-inarks against infringement, imitation, or colourable iinitation by
British subjects, the Chinese Government undertake to afford protection
to Britisli trade-marks against infringement, imitation, or colourable
imitation by Chinese subjects.

The Chinese Government further undertake that the Superintendents
of IN-orthern and of Southern. Trade sliall establish offices within their
. respective jurisdictions under control of the Iniperial Maritime Custom-,
where foreign trade-inarks may fic registered on payment of a reasonable
fee.

XV. It is agreed that either of the High Contracting Parties to this
Treat may demand a revision of the Tariff at the end of 10 years; but
if no demand be made on either side within 6 months after the end of
the first 10 years, then the Tariff shall remain in force for 10 years
more, reckoned from the end of the preceding 10 years; and so it shall
be at the end of each successive 10 years.

Any Tariff concession which China may hereafter accord to articles of
the.produce, or manufacture of any other State shall immediately be
extended, to similar articles of the produce or manufacture of His Britan-
nic Majesty's Dominions by whomsoever imported.

Treaties already existing between the United Kingdom and China
shall continue in force in so far as they are not abrogated.or modified by
stipulations of the present Treaty.

XVI. The English and Chinese texts of the present Treaty have been
carefully compared, but in the event of there being any difference of
meaning between them, the sense as expressed in the English text shall
be held to be the correct sense.
The ratifications of this Treaty, under the hand of His Majesty the
King of Great Britain and Ireland, and of His Majesty the Emperor of
China respectively shall be exchanged at Peking within a year from this
day of signature.
Done at Shanghai this 5th day of September in the year of our Lord
one thousand nine hundred and two; corresponding with the Chinese
date, the 4th clay of the 8th moon of the 28th year of Kwang Hsu.
Duties and li-kin on goods carried by junks from Hongkong to Treaty Ports in the Canton Province. Chinese investments in non-Chinese enterprises and companies. Joint-stock companies. Protection of Trade Marks. Revision of Tariff after 10 years. Most-favoured-nation treatment in respect to Tariff concessions. Continuance of exitsting Treaties. English Text to be authoritative. Ratifications.

Duties and li-kin on goods carried by junks from Hongkong to Treaty Ports in the Canton Province. Chinese investments in non-Chinese enterprises and companies. Joint-stock companies. Protection of Trade Marks. Revision of Tariff after 10 years. Most-favoured-nation treatment in respect to Tariff concessions. Continuance of exitsting Treaties. English Text to be authoritative. Ratifications.

https://oelawhk.lib.hku.hk/items/show/1029

1912

v3

3