APPENDIX IV - A SELECTION OF CONSTITUTIONAL DOCUMENTS, CONVENTIONS AND TREATIES

APPENDIX IV - A SELECTION OF CONSTITUTIONAL DOCUMENTS, CONVENTIONS AND TREATIES

LAWS OF HONG KONG

A SELECTION OF CONSTITUTIONAL DOCUMENTS,

CONVENTIONS AND TREATIES

APPENDIX IV





APPENDIX IV.

A SELECTION OF CONSTITUTIONAL DOCUMENTS,
CONVENTIONS AND TREATIES.

.B. IT MUST BE EMPHASIZED THAT THE LIST HEREUNDER AND THE CONTENTS OF THIS
APPENDIX ARE PURELY FOR REFERENCE PURPOSES AND HAVE NO LEGISLATIVE EFFECT.

1. 2.

Date. Title or Subject Matter.

1. 1st February, 1841. Proclamation to Chinese Inhabitants.
2. 2nd February, 1841. Captain Elliot's Proclamation.
3. 29th August, 1842. Treaty of Peace, Friendship, Commerce, Indemnity, etc.,
between Great Britain and China. Signed at Nanking,
29th August, 1842. (Cession of Hong Kong 1842).
4. 5th April, 1843. First Charter-Letters Patent 1843.
5. 26th June, 1858. Treaty of Peace, Friendship and Commerce, between
Great Britain and China. Signed at Tientsin 26th
June, 1858.
6. 20th March, 1860. Lease of Kowloon 1860.
7. 24th October, 1860. Convention of Peace and Friendship between Great
Britain and China. Signed at Peking, 24th October,
1860. (Cession of Kowloon 1860).
8. 4th February, 1861. Order in Council providing for the Administration of
the Territories adjacent to Hong Kong acquired by
Her Majesty under the Anglo-Chinese Convention of
24th October, 1860.
9. 9th June, 1898. Convention between Great Britain and China respecting
an Extension of Hong Kong Territory. Signed at
Peking, 9th June, 1898. (Lease of New Territories
1898).
10. 20th October, 1898. Order in Council providing for the Administration of
the territories adjacent to Hong Kong, acquired by
Her Majesty under the Anglo-Chinese Convention of
June 9, 1898.
11. 19th March, 1899. Delimitation of Northern Frontier of New Territories.
12. 27th December, 1899. Order in Council declaring the City of Kowloon part of
the Colony of Hong Kong.

13. 20th December, 1951.Treaty of Friendship, Commerce and Navigation with
(Cmd. 8462 of 1952) the Sultan of Muscat and Oman.

extended to Hong Kong
w.e.f. 4th September,
1953.





PROCLAMATION.

TO THE CHINESE INHABITANTS OF HONG KONG.

[Reprinted from Norton Kyshe's 'The History of the Laws and
Courts of Hong Kong', Vol. I, p. 5.]

Bremer. Commander-in-Chief, and Elliot, Plenipotentiary, etc., etc.,
by this proclamation make known to the inhabitants of the island of
Hong Kong. that that island has now become part of the dominions of
the Queen of England by clear public agreement between the High
Officers of the Celestial and British Courts; and all native persons
residing therein must understand that they are now subjects of the
Queen of England, and to whom and to whose officers they must pay
duty and obedience.

The inhabitants are hereby promised protection, in Her Majesty's
gracious name, against all enemies whatever; and they are further
secured in the free exercise of their religious rites, ceremonies, and social
customs, and in the enjoyment of their lawful private property and
interests. They will be governed, pending Her Majesty's further
pleasure. according to the laws, customs, and usages of the Chinese
(every description of torture excepted) by the elders of villages, subject
to the control of a British magistrate; and any person, having complaint
to prefer of ill-usage or injustice against any Englishman or foreigner,
will quietly make report to the nearest officer, to the end that full justice
may be done. Chinese ships and merchants, resorting to the port of
Hong Kong for purposes of trade, are hereby exempted, in the name of
the Queen of England, from charge or duty of any kind to the British
government. The pleasure of the government will be declared from time
to time by further proclamation: and all heads of villages are held
responsible that the commands are duly respected and observed.

Given under seal of office, this 1st day of February, 1841.





PROCLAMATION.

[Reprinted from Norton Kyshe's 'The History of the Laws and
Courts of Hong Kong', Vol. I, p. 4.1

By Charles Elliot. Esquire, a captain in the Royal Navy, Chief
Superintendent of the Trade of British subjects in China, and holding
full powers, under the Great Seal of the United Kingdom of Great Britain
and Ireland, to execute the office of Her Majesty's Commissioner,
Procurator. and Plenipotentiary in China.

The island of Hong Kong having been ceded to the British Crown
under the seal of the Imperial Minister and High Commissioner Keshen.
it has become necessary to provide for the Government thereof,
pending Her Majesty's further pleasure.

By virtue of the authority, therefore, in me vested, all Her Majesty's
rights, royalties, and privileges of all kinds whatever, in and over the
said island of Hong Kong whether to or over lands, harbours, property,
or personal service. are hereby declared proclaimed, and to Her Majesty
fully reserved.

And 1 do hereby declare and proclaim, that, pending Her Majesty's
further pleasure, the government of the said island shall devolve upon,
and be exercised by, the person filling the office of Chief Superintendent
of the Trade of British subjects in China for the time being.

And I do hereby declare and proclaim, that, pending Her Majesty's
further pleasure. the natives of the island of Hong Kong, and all natives
of China thereto resorting, shall be governed according to the laws and
customs of China, every description of torture excepted.

And I do further declare and proclaim. that, pending Her Majesty's
further pleasure. all offences committed in Hong Kong by Her Majesty's
subjects, or other persons than natives of the island or of China thereto
resorting, shall fall under the cognizance of the Criminal and Admiralty
Jurisdiction presently existing in China.

And I do further declare and proclaim, that, pending Her Majesty's
further pleasure, such rules and regulations as may be necessary from
time to time for the government of Hong Kong shall be issued under the
hand and seal of the person filling the office of Chief Superintendent of
the Trade of British subjects in China for the time being.

And I do further declare and proclaim, that, pending Her Majesty's
further pleasure, all British subjects and foreigners residing in, or
resorting to, the island of Hong Kong, shall enjoy full security and
protection, according to the principles and practice





of British law, so long as they shall continue to conform to the authority
of Her Majesty's government in and over the island of Hong Kong,
hereby duly constituted and proclaimed.

Given under my hand and seal of office, on board of Her Majesty's
ship Wellesley, at anchor in Hong Kong Bay. this second day of
February. in the year of Our Lord one thousand eight hundred and forty-
one.

(Signed) CHARLES ELLIOT.

GOD SAVE THE QUEEN.





CESSION OF HONG KONG.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

TREATY OF PEACE, FRIENDSHIP, COMMERCE, INDEMNITY, &C.,
BETWEEN GREAT BRITAIN AND CHINA, SIGNED AT
NANKING, 29TH AUGUST 1842.

[Ratifications exchanged at Hong Kong, 26th June, 1843.]

Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and His Majesty the Emperor of China, being desirous of
putting an end to the misunderstandings and consequent hostilities
which have arisen between the two countries, have resolved to
conclude a Treaty for that purpose, and have therefore named as their
Plenipotentiaries. that is to say:

Her Majesty the Queen of Great Britain and Ireland, Sir Henry
Pottinger, Bart., a Major-General in the service of the East India
Company, &c.;

And I-lis Imperial Majesty the Emperor of China, the High
Commissioners Keying, a Member of the Imperial House, a guardian of
the Crown Prince and General of the Garrison of Canton: and Elepoo, of
the Imperial Kindred, graciously permitted to wear the insignia of the
first rank. and the distinction of a peacock's feather, lately Minister and
Governor-General, &c., and now Lieutenant-General Commanding at
Chapoo.

Who, after having communicated to each other their respective full
powers, and found them to be in good and due form, have agreed upon
and concluded the following Articles:

III. It being obviously necessary and desirable that British subjects
should have some port at which they may careen and refit their ships,
when required. and keep stores for that purpose, His Majesty the
Emperor of China cedes to Her Majesty the Queen of Great Britain, &c.,
the Island of Hong Kong, to be possessed in perpetuity by Her
Britannic Majesty, Her Heirs and Successors, and to be governed by
such laws and regulations as Her Majesty the Queen of Great Britain,
&c., shall see fit to direct.

Done at Nanking, and signed and scaled by the Plenipotentiaries
on board Her Britannic Majesty's ship 'Cornwallis', this 29th day of
August, 1842; corresponding with the Chinese date, 24th day of the 7th
month, in the 22nd year of Taoukwang.

[This Treaty was renewed and confirmed by Article I of
the Treaty of Tientsin, 1858.]





FIRST CHARTER.

[Reprinted from Vol. 111 of the Alabaster Edition of the Laws
of Hong Kong.]

CHARTER FOR ERECTING THE ISLAND OF HoNG KoNG INTO A
SEPARATE COLONY, AND FOR PROVIDING FOR THE
GOVERNMENT THEREOF.

LETTERS PATENT, 5TH APRIL, 1843.

[Revoked by Letters Patent, 19th January, 1888.1

I-VICTORIA, by the Grace of God of the United Kingdom of Great
Britain and Ireland. Queen, Defender of the Faith. To an to whom these
Presents shall come, Greeting. Know ye that We, of Our especial Grace,
certain knowledge, and mere motion, have thought fit to erect, and Do
hereby erect, Our Island of Hong Kong and its Dependencies. situate
between 22' 9' and 22* 21' North Latitude. and 1140 6' and 1140 18' East
Longitude from the Meridian of Greenwich, into a separate Colony, and
the said Island and its Dependencies is hereby erected into a separate
Colony accordingly, to be known and designated as the Colony of Hong
Kong.





TREATY OF TIENTSIN, 1858.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

TREATY OF PEACE, FRIENDSHIP AND COMMERCE, BETWEEN
GREAT
BRITAIN AND CHINA. SIGNED AT TIENTSIN,-26TH JUNE 1858.

[Ratifications exchanged at Peking, 24th October, 1860.]

Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland and His Majesty the Emperor of China. being desirous to put an
end to the existing misunderstanding between the two countries and to
place their relations on a more satisfactory footing in future, have
resolved to proceed to a revision and improvement of the Treaties
existing between them; and for that purpose, have named as their
Plenipotentiaries, that is to say:

Her Majesty the Queen of Great Britain and Ireland, the Right
Honourable the Earl of Elgin and Kincardine, a Peer of the United
Kingdom, and Knight of the Most Ancient and Most Noble Order of
the Thistle:

And His Majesty the Emperor of China, the High Commissioner
Kweiliang, a Senior Chief Secretary of State, styled of the East Cabinet,
Captain-GeneraL of the Plain White Banner of the Manchu Banner
Force, Superintendent-General of the Administration of Criminal Law,
and Hwashana. one of His Imperial Majesty's Expositors of the Classics,
Manchu President of the Office for the Regulation of the Civil
Establishment. CaptainGeneral of the Bordered Blue Banner of the
Chinese Banner Force, and Visitor of the Office of Interpretation:

Who, after having communicated to each other their respective full
powers and found them to be in good and due form, have agreed upon
and concluded the following Articles:

I. The Treaty of Peace and Amity between the two nations signed
at Nanking on the 29th day of August, in the year 1842, is hereby
renewed and confirmed.

The Supplementary Treaty and General Regulations of Trade
having been amended and improved, and the substance of their
provisions having been incorporated in this Treaty. the said
Supplementary Treaty and General Regulations of Trade are hereby
abrogated.

II. For the better preservation of harmony in future, Her Majesty
the Queen of Great Britain and His Majesty the Emperor of China
mutually agree that, in accordance with the universal practice of great
and friendly nations, Her Majesty the Queen may, if she see fit, appoint
Ambassadors, Ministers, or other Diplomatic





Agents to the Court of Peking; and His Majesty the Emperor of China
may, in like manner, if he see fit, appoint Ambassadors, Ministers, or
other Diplomatic Agents to the Court of St. James.

III. His Majesty the Emperor of China hereby agrees that the
Ambassador, Minister, or other Diplomatic Agent, so appointed by Her
Majesty the Queen of Great Britain, may reside, with his family and
establishment, permanently at the capital, or may visit it occasionally at
the option of the British Government. He shall not be called upon to
perform any ceremony derogatory to him as representing the Sovereign
of an independent nation on a footing of equality with that of China. On
the other hand, he shall use the same forms of ceremony and respect to
His Majesty the Emperor as are employed by the Ambassadors,
Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns
of independent and equal European nations.

It is further agreed, that Her Majesty's Government may acquire at
Peking a site for building, or may hire houses for the accommodation of
Her Majesty's Mission, and the Chinese Government will assist it in so
doing.

Her Majesty's Representative shall be at liberty to choose his own
servants and attendants, who shall not be subject to any kind of
molestation whatever.

Any person guilty of disrespect or violence to Her Majesty's
Representative, or to any member of his family or establishment, in deed
or word, shall be severely punished.

IV. It is further agreed that no obstacle or difliculty shall be made to
the free movements of Her Majesty's Representative, and that he, and
persons of his suite, may come and go, and travel at their pleasure. He
shall, moreover. have full liberty to send and receive his correspondence
to and from any point on the sea-coast that he may select; and his letters
and effects shall be held sacred and inviolable. He may employ, for their
transmission, special couriers, who shall meet with the same protection
and facilities for travelling as the persons employed in carrying
despatches for the Imperial Government; and, generally, he shall enjoy
the same privileges as are accorded to officers of the same rank by the
usage and consent of Western nations.

All expenses attending the Diplomatic Mission of Great Britain
shall be borne by the British Government.

V. His Majesty the Emperor of China agrees to nominate one of the
Secretaries of State, or a President of one of the Boards, as the high
officer with whom the Ambassador, Minister, or other Diplomatic Agent
of Her Majesty the Queen shall trans





act business, either personally or in writing, on a footing of perfect
equality.

VI. Her Majesty the Queen of Great Britain agrees that the
privileges hereby secured shall be enjoyed in her dominions by the
Ambassadors, Ministers, or Diplomatic Agents of the Emperor of China,
accredited to the Court of Her Majesty.

VII. Her Majesty the Queen may appoint one or more Consuls in
the dominions of the Emperor of China; and such Consul or Consuls
shall be at liberty to reside in any of the open ports or cities of China as
Her Majesty the Queen may consider most expedient for the interests of
British commerce. They shall be treated with due respect by the Chinese
authorities. and enjoy the same privileges and immunities as the
Consular Officers of the most favoured nation.

Consuls and Vice-Consuls in charge shall rank with Intendants of
Circuits; Vice-Consuls, Acting Vice-Consuls, and Interpreters, with
Prefects. They shall have access to the official residences of these
officers, and communicate with them, either personally or in writing, on
a footing of equality, as the interests of the public service may require.

VIII. The Christian religion, as professed by Protestants or Roman
Catholics, inculcates the practice of virtue, and teaches man to do as he
would be done by. Persons teaching or professing it, therefore, shall all
alike be entitled to the protection of the Chinese authorities, nor shall
any such. peaceably pursuing their calling and not offending against
the laws, be persecuted or interfered with.

IX. British subjects are hereby authorized to travel, for their
pleasure or for purposes of trade, to all parts of the interior, under
passports which will be issued by their Consuls. and countersigned by
the local authorities. These passports, if demanded, must be produced
for examination in the localities passed through. If the passport be not
irregular, the bearer will be allowed to proceed, and no opposition shall
be offered to his hiring persons, or hiring vessels for the carriage of his
baggage or merchandise. If he be without a passport, or if he commit any
offence against the law, he shall be handled over to the nearest Consul
for punishment, but he must not be subjected to any illusage in excess
of necessary restraint. No passport need be applied for by persons
going on excursions from the ports open to trade to a distance not
exceeding 100 li, and for a period not exceeding five days.

The provisions of this Article do not apply to crews of ships, for
the due restraint of whom regulations will be drawn up by the Consul
and the local authorities.





To Nanking, and other cities disturbed by persons in arms against
the Government, no pass shall be given, until they shall have been
recaptured.

X. British merchant ships shall have authority to trade upon the
Great River (Yangtsze). The Upper and Lower Valley of the river being,
however, disturbed by outlaws, no part shall be for the present open to
trade, with the exception of Chinkiang, which shall be opened in a year
from the date of the signing of this Treaty.

So soon as peace shall have been restored, British vessels shall
also be admitted to trade at such ports as far as Hankow, not exceeding
three in number, as the British Minister, after consultation with the
Chinese Secretary of State, may determine shall be ports of entry and
discharge.

XI. In addition to the cities and towns of Canton, Amoy, Foochow,
Ningpo, and Shanghai, opened by the Treaty of Nanking, it is agreed
that British subjects may frequent the cities and ports of Newchwang.
Tangchow (Chefoo), [Taiwan (Formosa)], Chao-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
merchandise.

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, buying or renting houses, of
leasing land therein, and of building churches, hospitals. and cemeteries.

XII. 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
exaction on either side.

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

XIV. 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. The num ber 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.





XV. 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.

XVI. 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.

XVII. 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 has 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.

XVIII. 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.

XIX. 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.

XX. 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.





XXI. 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.

XXII. 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.

XXIII. 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 Court of Justice on the spot; but should the Chinese
debtor abscond, and be known to have prop- erty, 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.

XXIV It is agreed that British subjects shall pay, on all merchandise
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.

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

XXVI. 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 of about the rate of 5 per cent. ad valorem, has been
found. by reason of the fall in value of various articles of merchandise.
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.





XXVII. 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 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 period of 10 years.

XXVIII. 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
the trade; it is agreed that within 4 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
convey produce purchased inland to a port, or to convey imports from a
port to an inland market, to clear his goods of all transit duties, by
payment of a single charge. The amount of this charge shall be leviable
on exports at the first barrier they may have to pass, or, on imports, at
the port at which they are landed. and on payment thereof a certificate
shall be issued, which shall exempt the goods from all further inland
charges whatsoever.

It is further agreed that the amount of this charge shall be
calculated, as nearly as possible, at the rate of two and a half per cent.
ad valorem, and that it shall be fixed for each article at the conference to
be held at Shanghai for the revision of the Tariff.

It is distinctly understood, that the payment of transit dues, by
communication or otherwise, shall in no way affect the tariff duties on
imports or exports, which will continue to be levied separately and in
full.

XXIX. British merchant vessels, of more than 150 tons burden,
shall be charged tonnage dues at the rate of 4 mace





per ton; if of 150 tons and under, they shall be charged at the rate of 1
mace per ton.

Any vessel clearing from any of the open ports of China for any
other of the open ports, or for Hong Kong, shall be entitled, on
application of the master, to a special certificate from the Customs, on
exhibition of which she shall be exempted from all further payment of
tonnage dues in any open ports of China, for a period of 4 months, to be
reckoned from the date of her port clearance.

XXX. The master of any British merchant vessel may. within 48
hours after the arrival of his vessel, but not later, decide to depart
without breaking bulk, in which case he will not be subject to pay
tonnage dues. But tonnage dues shall be held due after expiration of the
said 48 hours. No other fees or charges upon entry or departure shall be
levied.

XXXI. No tonnage dues shall be payable on boats employed by
British subjects in the conveyance of passengers. baggage, letters,
articles of provision, or other articles not subject to duty, between any of
the open ports. All cargo-boats, however, conveying merchandise
subject to duty shall pay tonnage dues once in 6 months, at the rate of 4
mace per register ton.

XXXII. The Consuls and Superintendents of Customs shall consult
together regarding the erection of beacons or lighthouses and the
distribution of buoys and lightships, as occasion may demand.

XXXIII. Duties shall be paid to the bankers. authorized by the
Chinese Government to receive the same in its behalf, either in sycee or
in foreign money, according to the assay made at Canton on the 13th of
July, 1843.

XXXIV. Sets of standard weights and measures, prepared
according to the standard issued to the Canton Custom-House by the
Board of Revenue, shall be delivered by the Superintendent of Customs
to the Consul at each port, to secure uniformity and prevent confusion.

XXXV. Any British merchant vessel arriving at one of the open
ports shall be at liberty to engage the services of a Pilot to take her into
port. In like manner, after she has discharged all legal dues and duties.
and is ready to take her departure, she shall be allowed to select a Pilot
to conduct her out of port

XXXVI. Whenever a British merchant vessel shall arrive off one of
the open ports. the Superintendent of Customs shall depute one or more
Customs officers to guard the ship. They shall either live in a boat of
their own, or stay on board the ship,





as may best suit their convenience. Their food and expenses shall be
supplied them from the Customs-House, and they shall not be entitled
to any fees whatever from the master or consignee. Should they violate
this regulation, they shall be punished proportionately to the amount
exacted.

XXXVII. Within 24 hours after arrival, the ship's papers, bills of
lading, etc., shall be lodged in the hands of the Consul, who will, within
a further period of 24 hours report to the Superintendent of Customs the
name of the ship, her register tonnage, and the nature of her cargo. If,
owing to neglect on the part of the master, the above rule is not
complied with within 48 hours after the ship's arrival, he shall be liable to
a fine of 50 taels for every day's delay; the total amount of penalty,
however, shall not exceed 200 taels.

The master will be responsible for the correctness of the manifest,
which shall contain a full and true account of the particulars of the
cargo on board. For presenting a false manifest, he will subject himself
to a fine of 500 taels., but he will be allowed to correct. within 24 hours
after delivery of it to the Customs Officers, any mistake he may discover
in his manifest without incurring this penalty.

XXXVIII. After receiving from the Consul the report in due form,
the Superintendent of Customs shall grant the vessel a permit to open
hatches. If the master shall open hatches, and begin to discharge any
goods without such permission, he shall be fined 500 taels, and the
goods discharged shall be confiscated wholly.

XXXIX Any British merchant who has cargo to land or ship,
must apply to the Superintendent of Customs for a special permit. Cargo
landed or shipped without such permit will be liable to confiscation.

XL. No transshipment from one vessel to another can be made
without special permission, under pain of confiscation of the goods so
transshipped.

XLI. When all dues and duties shall have been paid, the
Superintendent of Customs shall give a port-clearance, and the Consul
shall then return the ship's papers, so that she may depart on her
voyage.

XLII. With respect to articles subject, according to the Tariff, to an
ad valorem duty, if the British merchants cannot agree with the Chinese
in affixing its value, then each party shall call two or three merchants to
look at the goods, and the highest price at which any of these
merchants would be willing to purchase them, shall be assumed as the
value of the goods.





XLIII. Duties shall be charged upon the net weight of each article,
making a deduction for the tare, weight of congee, &c. To fix the tare of
any article, such as tea, if the British merchant cannot agree with the
Custom-House officer, then each party shall choose so many chests out
of every hundred, which being first weighed in gross, shall afterwards be
tared, and the average tare upon these chests shall be assumed as the
tare upon the whole; and upon this principle shall the tare be fixed upon
other goods and packages. If there should be any other points in dispute
which cannot be settled, the British merchant may appeal to his Consul,
who will communicate the particulars of the case to the Superintendent
of Customs, that it may be equitably arranged. But the appeal must be
made within 24 hours or it will not be attended to. While such points are
still unsettled, the Superintendent of Customs shall postpone the
insertion of the same in his books.

XLIV. Upon all damaged goods a fair reduction of duty shall be
allowed, proportionate to their deterioration. If any disputes arise, they
shall be settled in the manner pointed out in the clause of this Treaty
having reference to articles which pay duty ad valorem.

XLV. British merchants who may have imported merchandize into
any of the open ports, and paid the duty thereon. if they desire to re-
export the same, shall be entitled to make application to the
Superintendent of Customs. who, in order to prevent fraud on the
revenue, shall cause examination to be made by suitable officers, to see
that the duties paid on such goods, as entered in the Custom-House
books, correspond with the representation made, and that the goods
remain with their original marks unchanged. He shall then make a
memorandum of the port-clearance of the goods. and of the amount of
duties paid, and deliver the same to the merchant, and shall also certify
the facts to the Officers of Customs of other ports. All which being done.
on the arrival in port of the vessel in which the goods are laden.
everything being found on examination there to correspond, she shall be
permitted to break bulk, and land the said goods, without being subject
to the payment of any additional duty thereon. But if, on such
examination, the Superintendent of Customs shall detect any fraud on
the revenue in the case, then the goods shall be subject to confiscation
by the Chinese Government.

British merchants desiring to re-export duty-paid imports to a
foreign country shall be entitled, on complying with the same conditions
as in the case of re-exportation to another port in China, to a drawback
certificate, which shall be a valid tender to the Customs in payment of
import or export duties.

Foreign grain brought into any port of China in a British ship. if no
part thereof has been landed, may be re-exported without hindrance.





XLVI. The Chinese authorities at each port shall adopt the means
they may judge most proper to prevent the revenue suffering from fraud
or smuggling.

XLVII. British merchant vessels are not entitled to resort to other
than the ports of trade declared open by this Treaty. They are not
unlawfully to enter other ports in China, or to carry on clandestine trade
along the coasts thereof Any vessel violating this provision shall, with
her cargo, be subject to confiscation by the Chinese Government.

XLVIII. If any British merchant vessel be concerned in smuggling,
the goods, whatever their value or nature, shall be subject to
confiscation by the Chinese authorities, and the ship may be prohibited
from trading further, and sent away as soon as her account shall have
been adjusted and paid.

XLIX. All penalties enforced, or confiscations made, under this
Treaty shall belong and be appropriated to the public service of the
Government of China.

L. All official communications addressed by the Diplomatic and
Consular Agent of Her Majesty the Queen to the Chinese Authorities,
shall, henceforth be written in English. They will for the present be
accompanied by a Chinese version, but it is understood that. in the
event of there being any difference of meaning between the English and
Chinese text. the English Government will hold the sense as expressed
in the English text to be the correct sense. This provision is to apply to
the Treaty now negotiated, the Chinese text of which has been carefully
corrected by the English original.

LI. It is agreed, that henceforth the character 'I' g& (barbarian)
shall not be applied to the Government or subjects of her Britannic
Majesty in any Chinese official document issued by the Chinese
authorities either in the capital or in the provinces.

LII. British ships of war coming for no hostile purpose, or
being engaged in the pursuit of Pirates, shall be at liberty to visit
all ports within the dominions of the Emperor of China, and shall.
receive every facility for the purchase of provisions, procuring
water, and, if occasion require, for the making of repairs. The
commanders of such ships shall hold intercourse with the Chinese
authorities on terms of equality and courtesy.

LIII. In consideration of the injury sustained by native and foreign
commerce from the prevalence of Piracy in the seas of China, the High
Contracting Parties agree to concert measures for its suppression.





LIV. The British Government and its subjects are hereby confirmed
in all privileges, immunities, and advantages conferred on them by
previous Treaties: and it is hereby expressly stipulated that the British
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.

[LV. In evidence of her desire for the continuance of a friendly
understanding, Her Majesty the Queen of Great Britain consents to
include in a Separate Article, which shall be in every respect of equal
validity with the Articles of this Treaty, the condition affecting
indemnity for expenses incurred and losses sustained in the matter of
the Canton question.]

LVI. The ratifications of this Treaty. under the hand of Her Majesty
the Queen 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.

In token whereof the respective Plenipotentiaries have signed and
sealed this Treaty. Done at Tientsin, this 26th day of June. in the year of
our Lord one thousand eight hundred and fiftyeight; corresponding with
the Chinese date, the 16th day, 5th moon, of the 8th year of I-lien Fung.





LEASE OF KOWLOON.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

A DEED OF LEASE.

20th March, 1860.

Between Laou, wearing a decoration of the first rank, a Director of
the Board of War, Censor of the Right, Governor General of the
Provinces of Kwang-tung and Kwang-se, and Commander-in-Chief of
the same, on the part of the Chinese Government, and Harry Smith
Parkes, Esquire, one of the Allied Commissioners for the Government of
the City of Canton on the part of the British Government, to hold in
proof of the undermentioned agreement.

WHEREAS Tseem-sha-tsuy and its neighbourhood situated in the
sub-district of Kowloon in the District of Sun-on and consisting for the
most part of barren hills that cannot be cultivated, has hitherto formed a
place of resort for thieves and outlaws. who, availing themselves of the
immediate proximity of the City of Victoria, constantly cross to Hong
Kong, and commit depredations in that settlement to the serious injury
of British Subjects who can obtain no redress against these marauders,
THEREFORE Laou, the Governor General. and Harry Smith Parkes, the
Commissioner, aforesaid, have AGREED and DETERMINED that all that
part of the Kowloon peninsula lying South of the Kowloon Fort to the
Northern-most point of Stone-cutters Island, together with that island,
as shewn in the accompanying map, shall be leased, as a preliminary
measure, to Harry Smith Parkes, the Commissioner aforesaid, acting on
behalf of the British Government, in order that the latter may exercise
complete control over the same, and take measures for the protection of
the good population, and the expulsion or punishment of the bad, as
well as for bringing the whole locality into order, and preventing it
becoming a resort for thieves. It is further STIPULATED and AGREED
that a Rental of Five Hundred Taels of Silver shall be annually paid for
the same to the local Chinese Authorities, and that no claim can ever be
made by the Chinese Government for the return of the said ground so
long as the British Government punctually pay to them the said amount
of Rent. And this Agreement will continue in force until on due
representation to be made by the Governor General Laou aforesaid to
the Supreme Government of China, the Commands of His Imperial
Majesty shall be received authorizing the conclusion of other
arrangements of a more permanent character.

Thus done in Duplicate, each of the parties aforesaid retaining one
copy, at Canton, this 20th day of March in the year of the Christian Era
one thousand eight hundred and sixty, being the 28th day of the 2nd
month of the 10th year of the Reign of the Emperor Heen-fung.





CESSION OF KOWLOON.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

CONVENTION OF PEACE AND FRIENDSHIP BETWEEN GREAT
BRITAIN AND CHINA, SIGNED AT PEKING 24TH OCTOBER,
1860.

Her Majesty the Queen of Great Britain and Ireland, and His
Imperial Majesty the Emperor of China, being alike desirous to bring to
an end the misunderstanding at present existing between their
respective Governments, and to secure their relations against further
interruption. have for this purpose appointed Plenipotentiaries, that is
to say:

Her Majesty the Queen of Great Britain and Ireland, the Earl of
Elgin and Kincardine;

And His Imperial Majesty the Emperor of China, His Imperial
Highness the Prince of Kung.,

Who, having met and communicated to each other their full
powers, and finding these to be in proper form, have agreed upon the
following Convention in nine Articles:

VI. With a view to the maintenance of law and order in and about
the harbour of Hong Kong, His Imperial Majesty the Emperor of China
agrees to cede to Her Majesty the Queen of Great Britain and Ireland.
and to Her heirs and successors, to have and to hold. as a dependency
of Her Britannic Majesty's Colony of Hong Kong, that portion of the
township of Kowloon. in the Province of Kwang-tung, of which a lease
was granted in perpetuity to Harry Smith Parkes. Esquire, Companion of
the Bath, a member of the Allied Commission at Canton, on behalf of Her
Britannic Majesty's Government, by Lan Tsung Kwang, Governor
General of the Two Kwang.

It is further declared that the lease in question is hereby cancelled;
that the claims of any Chinese to any property on the said portion of
Kowloon shall be duly investigated by a Mixed Commission of British
and Chinese Officers;. and that compensation shall be awarded by the
British Government to any Chinese whose claims shall be by the said
Commission established, should his removal be deemed necessary by
the British Government.

Done at Peking, in the Court of the Board of Ceremonies, on the
24th day of October, in the year of our Lord one thousand eight
hundred and sixty.





KOWLOON ORDER IN COUNCIL.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

ORDER IN COUNCIL PROVIDING FOR THE ADMINISTRATION oF
THE TERRITORIES ADJACENT To HoNG KoNG ACQUIRED BY HER
MAJESTY UNDER THE ANGLO-CHINESE CONVENTION OF
24TH OCTOBER, 1860.

At the Court at Buckingham Palace, the 4th day of February, 1861.

Present,

The Queen's Most Excellent Majesty in Council.

WHEREAs by a lease dated the 20th day of March, 1860, and made
between Laou, Governor-General of the Provinces of Kwangtung and
Kwangse on the one part and Harry Smith Parkes, Esquire, Companion
of the Most Honourable Order of the Bath. one of the Allied
Commissioners for the Government of the City of Canton, on the part of
Her Britannic Majesty's Government on the other part, certain portions
on the Township of Kowloong in the Province of Kwangtung described
in the said Lease and the Map thereto annexed. and hereinafter termed
the Kowloong District, were demised to the said Harry Smith Parkes for
the term therein mentioned:

AND WHEREAs by a Convention made at Peking on the 24th day
of October 1860, between Her said Majesty and His Imperial Majesty
the Emperor of China, the said Kowloong District was ceded to Her
Majesty to hold as a Dependency of Her Colony of Hong Kong:

AND WHEREAS it is expedient to make provision for the
government of the said District:

It is hereby ordered by the Queen's Most Excellent Majesty, by and
with the advice of Her Majesty's Privy Council, that the said Kowloong
District shall be and the same is hereby declared to be part and parcel of
Her Majesty's said Colony of Hong Kong, in like manner and for all
intents and purposes as if it had originally formed part of the same
Colony, and that it shall be competent to the Legislative Council or other
Legislative Authority of the said Colony to make laws for the peace,
order, and good government of the said District as part of the said
Colony.

And it is further ordered that from a date to be fixed by a
Proclamation of the Governor of Hong Kong all laws and Ordinances
which shall at such date be in force in the Colony of Hong Kong shall
take effect in the District of Kowloong, and shall remain

Note:The above text has been corrected after comparison with that
appearing in S.R. & O. and S.I., Rev. 1948, Vol. X, p. 17.





in force therein until the same shall have been altered or repealed
by Her said Majesty or by the Legislative Council or other com-
petent Legislative Authority of Hong Kong.

And the Most Noble the Duke of Newcastle, one of Her
Majesty's Principal Secretaries of State, to give the necessary
directions herein accordingly.





LEASE OF NEW TERRITORIES.

[Reprinted from Vol. M of the Alabaster Edition of the Laws
of Hong Kong.]

CONVENTION BETWEEN GREAT BRITAIN AND CHINA
RESPECTING
AN EXTENSION oF HoNG KONG TERRITORY.
SIGNED AT PEKING. 9TH JUNE, 1898.

[Ratifications exchanged at London, August 6th, 1898.]

WHEREAs it has for many years past been recognized that an
extension of Hong Kong territory is necessary for the proper defence
and protection of the Colony.

It has now been agreed between the Governments of Great Britain
and China that the limits of British territory shall be enlarged under
lease to the extent indicated generally on the annexed map. The exact
boundaries shall be hereafter fixed when proper surveys have been
made by officials appointed by the two Governments. The term of this
lease shall be ninety-nine years.

It is at the same time agreed that within the city of Kowloon the
Chinese officials now stationed there shall continue to exercise
jurisdiction except so far as may be inconsistent with the military
requirements for the defence of Hong Kong. Within the remainder of
the newly-leased territory Great Britain shall have sole jurisdiction.
Chinese officials and people shall be allowed as heretofore to use the
road from Kowloon to Hsinan.

It is further agreed that the existing landing-place near Kowloon
City shall be reserved for the convenience of Chinese men-of-war,
merchant and passenger vessels, which may come and go and lie there
at their pleasure; and for the convenience of movement of the officials
and people within the city.

When hereafter China constructs a railway to the boundary of the
Kowloon territory under British control, arrangements shall be
discussed.

It is further understood that there will be no expropriation or
expulsion of the inhabitants of the district included within the
extension, and that if land is required for public offices, fortifications, or
the like official purposes, it shall be bought at a fair price.

If cases of extradition of criminals occur, they shall be dealt with in
accordance with the existing Treaties between Great Britain and China
and the Hong Kong Regulations.





The area leased to Great Britain, as shown on the annexed map,
includes the waters of Mirs Bay and Deep Bay, but it is agreed that
Chinese vessels of war, whether neutral or otherwise, shall retain the
right to use those waters.

This Convention shall come into force on the 1st day of July, 1898,
being the 13th day of the 5th moon of the 24th year of Kuang Hsu It
shall be ratified by the Sovereigns of the two countries, and the
ratifications shall be exchanged in London as soon as possible.

Done at Peking in quadruplicate (four copies in English and four in
Chinese) the 9th day of June, in the year of our Lord one thousand eight
hundred and ninety-eight, being the 21st day of the 4th moon of the
24th year of Kuang Hsu





NEW TERRITORIES ORDER IN COUNCIL.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

ORDER IN COUNCIL PROVIDING FOR THE ADMINISTRATION oF
THE TERRITORIES ADJACENT To HoNG KoNG ACQUIRED BY HER
MAJESTY UNDER THE ANGLO-CHINESE CONVENTION OF
JUNE 9, 1898.

At the Court at Balmoral, the 20th day of October, 1898.

Present,

The Queen's Most Excellent Majesty in Council.

WHEREAs by a Convention dated the 9th day of June. 1898,
between Her Majesty and His Imperial Majesty the Emperor of China, it
is provided that the limits of British territory in the regions adjacent to
the Colony of Hong Kong shall be enlarged under lease to Her Majesty
in the manner described in the said Convention:

AND WHEREAS it is expedient to make provision for the
government of the territories acquired by Her Majesty under the said
Convention. during the continuance of the said lease:

It is hereby ordered by the Queen's Most Excellent Majesty, by
and with the advice of Her Majesty's Privy Council, as follows:

1. The territories within the limits and for the term described in the
said Convention shall be and the same are hereby declared to be part
and parcel of Her Majesty's Colony of Hong Kong in like manner and
for all intents and purposes as if they had originally formed part of the
said Colony.

2. It shall be competent for the Governor of Hong Kong, by and
with the advice and consent of the Legislative Council of the said
Colony, to make laws for the peace, order, and good government of the
said territories as part of the Colony.

3. From a date to be fixed by proclamation of the Governor of I-long
Kong, all Laws and Ordinances which shall at such date be in force in
the Colony of Hong Kong shall take effect in the said territories, and
shall remain in force therein until the same shall have been altered or
repealed by Her Majesty or by the Governor of Hong Kong, by and with
the advice or consent of the Legislative Council.





[4. Notwithstanding anything herein contained, the Chinese
officials now stationed within the City of Kowloon shall continue
to exercise jurisdiction therein except in so far as may be incon-
sistent with the military requirements for the defence of Hong
Kong.]

And the Right Honourable Joseph Chamberlain, one of Her
Majesty's Principal Secretaries of State, is to give the necessary
directions herein accordingly.





DELIMITATION OF NORTHERN FRONTIER OF
NEW TERRITORIES.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

The Northern Boundary commences at the point of high watermark
in Mirs Bay where the meridian of 114' 30' East cuts the land and follows
that high water-mark to the point marked with a peg immediately to the
West of the market town locally known as Tung Wo Hii and sometimes
called Sha'aukok It then proceeds straight inland for a short distance till
it meets a narrow path between fields on the right and a tidal flat on the
left. A peg was driven in to the East of the path, and it was agreed that
the whole of the path is within British territory but may be used by the
inhabitants of both countries. The line follows this path until it reaches
a corner of the market town of Tung Wo Hii, where another peg was
driven in. and then proceeds until it comes to the bed of a wide stream
which is at present dry. It was agreed that the boundary should follow
the centre of this river bed. The land to the right of the river. that is, the
land on the left bank being within Chinese territory; the land to the left
of the river, that is, the land on the right bank being within British
territory. This line along the middle of the river's bed continues until a
road leading to the village Kang Hau is reached. A peg was driven in at
the point where the boundary line leaves the river and follows this road.
It was agreed that the whole of the road is within British territory but
may be used by the inhabitants of both countries. This road leads up a
steep ravine crossing and recrossing the stream. It was agreed that the
waters of this stream whether within the British or the Chinese boundary
should be available for the inhabitants of both countries. This road
passes through a gap about 500 feet above sea level forming the
dividing ridge between the Sha'aukok and Sham Chun valleys. The
boundary was marked at this point with a peg. It was agreed that the
road from this gap should be the boundary and is within British territory
but may be used by the inhabitants of both countries. This road passes
down the right-hand side of the ravine and has a stream on the left
running to Kang T'6. At the foot of the ravine this road crosses a larger
stream coming from the direction of Ng Tung Shan and recrosses it
within a distance of 100 yards. This road passes Kang T'6 village on the
right and reaches the Sham Chun river at a distance of about a quarter of
a mile below Kang T'6. It was agreed that up to this point this road is
within British territory but may be used by the inhabitants of both
countries. It was also agreed that the waters of the stream running from
Ng Tung Shab referred to above shall be available for cultivators of land
in both territories. A peg was driven in to mark the point where this road
as a boundary ended. The boundary then follows the right or northern
bank of the river





generally known as the Sham Chun river down to Deep Bay, all
the river and the land to the south being within British territory.
The Western, Eastern, and Southern boundaries are as laid down
in the Convention, the whole of the Island of Lantao being within
British territory.

The waters of Mirs Bay and Deep Bay are included in the
area leased to Great Britain.

Signed in the Council Chamber. Hong Kong, this 19th day of
March, 1899.





KOWLOON CITY ORDER IN COUNCIL.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

ORDER IN COUNCIL DECLARING THE CITY OF KOWLOON TO BE
PART OF THE COLONY oF HoNG KONG.*

At the Court at Windsor, the 27th day of December, 1899.

Present.

The Queen's Most Excellent Majesty.

WHEREAs by a Convention dated the 9th day of June, 1898,
between Her Majesty and His Imperial Majesty the Emperor of China, it
was provided that the limits of British territory in the regions adjacent to
the Colony of Hong Kong should be enlarged under lease to Her
Majesty in the manner described in the said Convention;

AND WHEREAs by an Order of Her Majesty in Council, dated the
20th day of October, 1898, it was. amongst other things, ordered that the
territories within the limits and for the term described in the said
Convention should be, and the same were thereby declared to be, part
and parcel of Her Majesty's Colony of Hong Kong, in like manner and
for all intents and purposes as if they had originally formed part of the
said Colony. and it should be competent for the Governor of Hong
Kong, by and with the advice and consent of the Legislative Council of
the said Colony, to make laws for the peace, order, and good
government of the said territories as part of the Colony;

AND WHEREAs by Article 4 of the said Order in Council it was
provided that, notwithstanding anything in the said Order in Council
contained, the Chinese officials at the date of the said Order in Council
stationed within the City of Kowloon should continue to exercise
jurisdiction therein except in so far as might be inconsistent with the
military requirements for the defence of Hong Kong.,

AND WHEREAS, the exercise of jurisdiction by the Chinese
officials in the City of Kowloon having been found to be inconsistent
with the military requirements for the defence of Hong Kong, it is
expedient that Article 4 of the said Order in Council should be revoked,
and that the Chinese officials within the City of Kowloon should cease
to exercise jurisdiction there-in, and that the said City of Kowloon
should become part and parcel of Her Majesty's Colony of Hong Kong
for all purposes during the continuance of the term of the lease in the
said Convention mentioned.

Note:Heading altered to conform to that appearing in S.R. 0. and
S.I., Rev. 1948, Vol. X, p. 19.





Now, THEREFORE, Her Majesty is pleased, by and with the
advice of Her Privy Council to order, and it is hereby ordered,
as follows: -

1. Article 4 of the Order of Her Majesty in Council of the
20th day of October, 1898, is hereby revoked, without prejudice to
anything lawfully done thereunder.

2. The City of Kowloon shall be, and the same is hereby
declared to be, for the term of the lease in the said Convention
mentioned, part and parcel of Her Majesty's Colony of Hong
Kong, in like manner and for all intents and purposes as if it had
originally formed part of the said Colony.

3. The provisions of the said Order in Council of the 20th
October, 1898, shall apply to the City of Kowloon in like manner
as if the said City had by the said Order in Council been declared
to be part and parcel of Her Majesty's Colony of Hong Kong.

And the Right Honourable Joseph Chamberlain, one of Her
Majesty's Principal Secretaries of State. is to give the necessary
directions herein accordingly.





TREATY OF FRIENDSHIP, COMMERCE AND

NAVIGATION BETWEEN HIS MAJESTY AND THE
SULTAN OF MUSCAT AND OMAN.

It is hereby notified for general information that the Treaty of
Friendship. Commerce and Navigation with the Sultan of Muscat and
Oman concluded between the United Kingdom of Great Britain and
Northern Ireland and the Sultan of Muscat and Oman, and signed at
Muscat on 20th December, 1951, has been extended to Hong Kong with
effect from the 4th September, 1953.

R. B. BLACK,

Colonial Secretary.

15th January, 1954.

[Published in the Gazette as G.N.A. 7/54.]

TREATY OF FRIENDSHIP, COMMERCE AND
NAVIGATION BETWEEN HIS MAJESTY AND THE
SULTAN OF MUSCAT AND OMAN.

Muscat, 20th December, 1951.

His Majesty The King of Great Britain, Ireland and the British
Dominions beyond the Seas. and Sultan Said bin Taimur bin Faisal.
Sultan of Muscat and Oman and Dependencies,

Desiring to confirm and strengthen the friendly relations which
now subsist between them and to promote and extend their commercial
relations by the conclusion of a new treaty to replace the Treaty of
Friendship, Commerce and Navigation signed at Muscat on 5th
February, 1939,(1)

Have accordingly appointed as their plenipotentiaries:

His Majesty The King of Great Britain. Ireland, and the British
Dominions beyond the Seas (hereinafter referred to as His Majesty):

For the United Kingdom of Great Britain and Northern Ireland:

Lieutenant-Colonel Sir William Rupert Hay, K.C.I.E., C.S.l., His
Majesty's Political Resident in the Persian Gulf;

(1) 'Treaty Series No. 29 (1939),' Cmd. 6037.





The Sultan of Muscat and Oman and Dependencies (hereinafter
referred to as the Sultan), in person;

Who have agreed as follows:

ARTICLE 1.

For the purposes of the present Treaty:

(1)The term 'territories of His Majesty' or references to
territories of a High Contracting Party in relation to His
Majesty mean the United Kingdom of Great Britain and
Northern Ireland (hereinafter referred to as the United
Kingdom) and any territories to which the present Treaty
applies by reason of extensions under Article 15, and the term
'territories of the Sultan' or references to the territories of a
High Contracting Party in relation to the Sultan mean Oman
and its Dependencies.

(2)The term 'nationals of His Majesty' or references to nationals
of a High Contracting Party in relation to His Majesty mean all
citizens of the United Kingdom and Colonies, all Southern
Rhodesian citizens and all British protected persons, except
nationals of Kuwait, Bahrain, Qatar, Abu Dhabi, Dubai,
Sharjah, Ajman Umm-alQaiwain, Ras-al-Khaimah and. Kalba,
and the term 'nationals of the Sultan' or references to
nationals of a High Contracting Party in relation to the Sultan
mean all the Sultan's subjects. wherever domiciled. For the
purposes of Articles 3, 5, 6 and 7, the term 'nationals' shall be
deemed to include corporate bodies created under the' law of
the territories of a High Contracting Party.

(3)The term 'British vessels' or references to vessels of a High
Contracting Party in relation to His Majesty mean all ships
registered at a port in the United Kingdom or in any territory
to which the present Treaty applies by reason of extension
under Article 15; and the term 'Omani vessels' or references
to vessels of a High Contracting Party in relation to the Sultan
mean all ships registered under the law of the Sultan's
Government

(4)The term 'British aircraft' or references to aircraft of a High
Contracting Party in relation to His Majesty mean all aircraft
registered under the law of the United Kingdom or of any
territory to which the present Treaty applies by reason of
extension under Article 15; and the term 'Omani aircraft' or
references to aircraft of a High Contracting Party in relation to
the Sultan mean all aircraft registered under the law of the
Sultan's Government.





(5) The term 'foreign country' means:

(a)in relation to His Majesty any country or territory other
than

(i) the United Kingdom;

(ii) Canada;

(iii) the Commonwealth of Australia;

(iv) New Zealand;

(v) the Union of South Africa;

(vi) India;

(vii) Pakistan;

(viii) Ceylon;

(ix)any territory for the international relations of
which I-lis Majesty is responsible through any of
I-lis Governments at the date of signature of the
present Treaty;

(x) the Irish Republic; and

W) for the purposes of Article 6, Burma; and

(b)in relation to the Sultan, any country or territory not
being a part of Oman or its dependencies.

ARTICLE 2.

There shall be perfect freedom of commerce and navigation
between the territories of the High Contracting Parties. Each High
Contracting Party shall allow the nationals of the other to enter all ports.
creeks and rivers with their vessels and cargoes. also to enter, travel,
reside and pursue commerce and trade, whether wholesale or retail, in
any of His territories, and to depart therefrom, provided that they satisfy
and observe the conditions and regulations which are in force or may be
applied therein relating to the entry, travel. residence and departure of
all foreigners.

ARTICLE 3.

(1) Nationals of each High Contracting Party shall enjoy
throughout the territories of the other with respect to commerce,
shipping and the exercise of trade all the rights, privileges, immunities,
advantages and protection, of whatsoever nature, which are or may be
enjoyed by the nationals of the other High Contracting Party or the
nationals of any other foreign country. In particular each High
Contracting Party shall allow in His territories the nationals of the other,
to bargain for, buy, barter, sell, import and export all kinds of goods on
the same conditions as are or may be applicable to His own nationals or
to the nationals of any other foreign country.





(2) Nationals of each High Contracting Party shall not be liable in
any territory of the other to taxes, duties, imposts, restrictions or
obligations of any description whatever, other or more onerous than
those to which the nationals of the other High Contracting Party or the
nationals of any other foreign country are or may be subjected; provided
however that nothing in this Article shall be construed in relation to any
territory of either High Contracting Party as obliging that High
Contracting Party to grant to nationals of the other, who are not resident
for tax purposes in that territory, the same personal allowances, reliefs
and reductions for tax purposes as are granted to His own nationals.

ARTICLE 4.

(1) In all that relates to navigation and the treatment of shipping
each High Contracting Party undertakes to treat in any of His territories
the vessels of the other (including the passengers and cargoes carried
therein) not less favourably in any respect than His own vessels or the
vessels of any other foreign country (including the passengers and
cargoes carried in such vessels as aforesaid).

(2) The provisions of this Article shall not apply to the coasting
trade or to inland navigation.

ARTICLE 5.

Nationals of His Majesty shall be permitted in the territories of the
Sultan to hire and to acquire in any legal manner, property of every
description, to possess the same, and to dispose thereof in any legal
manner, as regards immovable property on the same conditions as are in
force or may be established with regard to the nationals of the most
favoured foreign country, and as regards movable property on the same
conditions as are in force or may be established with regard to the
nationals of the Sultan or the nationals of the most favoured foreign
country.

ARTICLE 6.

(1) Goods grown, produced or manufactured in the territories of one
I-Egh Contracting Party imported into the territories of the other from
whatever place arriving, shall not be subjected to customs duties or
charges other or more onerous than those paid on the like goods grown,
produced or manufactured in any other foreign country.

(2) Goods to be exported to the territories of one High Contracting
Party shall not be subjected in the territories of the other to customs
duties or charges other or more onerous than those paid on the
exportation of like goods to any other foreign country.





(3) lle customs duties leviable in the territories of the Sultan on
goods grown. produced or manufactured in the territories of His
Majesty and on goods imported by nationals of His Majesty shall be
paid at the port or other place in the Sultan's territories where the goods
are first imported. and on payment being duly made such goods shall
thereafter be exempt from all other customs duties.

(4) In the territories of the Sultan goods grown, produced or
manufactured in the territories of His Majesty or imported by nationals
of His Majesty shall be exempted from customs duties in the following
cases. namely--

(a)Goods which, being destined and manifested for a foreign
country. are transhipped from one vessel or aircraft to another
in any of the ports or airports of the Sultan or which have
been for this purpose provisionally landed and deposited in
any of the Sultan's custom-houses to await the arrival of a
vessel or aircraft in which to be reshipped abroad; but goods
so landed shall only be exempted if the consignee or his agent
shall have. on the arrival of the vessel or aircraft, handed over
the said goods to be kept under customs seal. and declared
them as landed for transhipment. designating at the same time
the foreign place of destination, and if within a period not
exceeding three months after their first landing the said goods
are actually shipped for the said foreign country as originally
declared and without having in the interval changed owners,
and if all customs charges are paid before they are reshipped.

(b)Goods which, not being destined and manifested for the
territories of the Sultan, have been inadvertently landed,
provided that such goods are left in the custody of the
customs authorities and are reshipped for a destination abroad
within two months of being so landed. and that all customs
charges are paid before the goods are reshipped.

(c)Coal, fuel and oil. Naval and Air Force provisions and stores
and fittings, the property of His Majesty, landed in the
territories of the Sultan for the use of the ships of His
Majestys Naval Forces and the aircraft of His Air Forces; duty
shall, however. be payable if any of the goods thus exempted
are sold or otherwise disposed of in the local markets.

(d)Goods transhipped or landed pending the repair of damage
caused to the vessel or aircraft by stress of weather or
disasters at sea or in the air. provided the cargo so discharged
shall be left in the custody of the customs authorities and be
reshipped abroad within a period of three months from the
date of the original landing and that all customs charges have
been paid.





(5) In the cases referred to in paragraph (4) of this Article customs
formalities in respect of landing, examination, clearance and shipment of
goods shall be observed.

(6) All goods remaining uncleared in the Sultan's customhouses
after four months from the date of their original landing may be disposed
of by the Sultan's customs authorities by a public auction after notifying
the steamer or aircraft agents concemed. The proceeds of the sale of
such goods, after payment of the auctioneering fees, customs duties
and charges, shall be kept in deposit for a period of one year and
refunded to the owner if he establishes his claim to them during this
period, after which no claim shall be entertained.

(7) In this Article the words 'customs charges' shall mean charges
other than customs duties and shall include landing, transit, weighing,
wharfage or ground rent, supervision and overtime fees.

ARTICLE 7.

(1) All customs duties leviable in the territories of the Sultan shall
be paid in cash and not in kind.

(2) The value of the goods on which customs duty is to be levied
shall be fixed according to their market price following the normal usage
of trade in Muscat.

(3) Any dispute arising between a national of His Majesty and the
Omani Customs authorities regarding the value of any goods, shall be
determined by reference to two experts (each party nominating one)
whose decisions as to the value shall be binding upon both parties.
Should these experts not be able to agree, they shall choose an umpire,
whose decision, shall be final.

ARTICLE 8.

Internal taxes and internal charges of any kind levied within the
territories of one High Contracting Party for the benefit of the State, or
of organs of local or municipal government. on or in connexion with
goods grown, produced or manufactured in the territories of the other
High Contracting Party, shall not be other or greater than those levied in
similar circumstances on or in connexion with like goods grown,
produced or manufactured in the territories of the former High
Contracting Party or in any other foreign country.

ARTICLE 9.

(1) No prohibition or restriction shall be imposed or maintained on
the importation into the territories-of the Sultan of any goods. from
whatever place arriving, grown. produced or manu





factured in the territories of His Majesty which shall not equally extend
to the importation of the like goods grown, produced or manufactured
in any other foreign country.

(2) No prohibition or restriction shall be imposed or maintained on
the exportation of any goods from the territories of the Sultan to the
territories of His Majesty which shall not equally extend to the
exportation of the like goods to any other foreign country.

(3) Exceptions to the general rules laid down in the foregoing
paragraphs of this Article may be made only in the case of

(a)prohibitions or restrictions imposed in the interests of public
security;

(b)prohibitions or restrictions regarding traffic in arms,
ammunition and implements of war, or in exceptional
circumstances, all other military supplies;

(c)prohibitions or restrictions imposed for the protection of
public health;

(d)prohibitions or restrictions imposed for the protection of
animals or plants. including protection against diseases,
degeneration or extinction, as well as measures taken against
harmful seeds, plants and animals.

ARTICLE 10.

The Sultan engages by the present Treaty to provide that the
movement of goods in transit shall not be obstructed or delayed by
unnecessary customs formalities and regulations, and that every facility
will be given for their transport.

ARTICLE 11.

(1) Either of the two High Contracting Parties may appoint Consuls
to reside in the territories of the other. subject to the consent and
approval of the other as regards the persons so appointed and the
places at which they reside. Each High Contracting Party further agrees
to permit His own nationals to be appointed to consular offices by the
other High Contracting Party, provided always that any person so
appointed shall not begin to act without the previous approbation of
the High Contracting Party whose national he may be.

(2) Such Consuls shall be permitted to perform such consular
functions and shall enjoy such privileges and immunities as are in
accordance with international law or practice relating to Consuls as
recognized in the territories in which they reside.





ARTICLE 12.

(1) British vessels and aircraft coming to the territories of the
Sultan, in distress, shall receive from the local authorities all possible
necessary aid to enable them to revictual, refuel and refit so as to
proceed on their voyage or flight.

(2) Should a British vessel run aground or be wrecked on or near
the coast of the Sultan's territories, or a British aircraft be wrecked or
make a forced landing in the Sultan's territories, the authorities of the
Sultan shall render all possible assistance to save the vessel or aircraft,
its cargo and those on board; they shall also give all possible aid and
protection to persons saved, and shall assist them in reaching the
nearest British Consulate; they shall further take every possible care
that such vessels or aircraft and the cargo, stores, equipment and
fittings, and articles carried by or forming part of the vessel or aircraft, or
the proceeds thereof, if sold, as well as all papers found on board such
vessel or aircraft, shall be given up to their owners or to their agents
when claimed by them. or to the British Consul.

(3) The Sultan's authorities shall further see that the British
Consulate is as soon as possible informed of any such event as is
mentioned in the preceding paragraph of this Article having occurred.

(4) Likewise should an Omani vessel come to His Majesty's
territories in distress, or run aground or be wrecked on or near the coast
of His Majesty's territories, or should an Omani aircraft be wrecked or
make a forced landing in His Majesty's territories, the like help and
assistance shall be rendered by the authorities of those territories.

ARTICLE 13.

Nationals of the one High Contracting Party shall, within the
territories of the other, enjoy freedom of conscience and religious
toleration and the free and public exercise of all forms of religion,
provided that such exercise does not wound or outrage the religious
susceptibilities of the country in which it is proposed to be practised,
but shall not build edifices for religious worship except in places
specified for the purpose by the local authorities and after approval and
permission has been obtained. Nothing shall be done by either High
Contracting Party that may disturb existing places of worship belonging
to nationals of the other.

ARTICLE 14.

All the provisions of the present Treaty providing for the grant of
the treatment accorded to the most favoured foreign country shall be
interpreted as meaning that such treatment shall be accorded
immediately and unconditionally.





ARTICLE 15.

(1) His Majesty may, at the time of exchange of ratifications or at
any time thereafter, through His Consular Officer at Muscat give notice
of His desire that the present Treaty shall extend to any territory for the
international relations of which He is responsible through I-lis
Government in the United Kingdom of Great Britain and Northern
Ireland, except Kuwait, Bahrain, Qatar, Abu. Dhabi, Dubai, Sharjah,
Ajman, Umm-al-Qaiwain, Rasal-Khaimah. and Kalba, and the Treaty
shall extend to any territory specified in such notice from the date of
receipt thereof by the Sultan.

(2) At any time after the expiry of a period of two years from the
definitive entry into force of the present Treaty either High Contracting
Party may by giving twelve months' notice terminate the application of
the present Treaty to any territory to which it has been extended under
the provisions of the preceding paragraph.

ARTICLE 16.

(1) The present Treaty shall be subject to ratification by each High
Contracting Party and instruments of ratification shall be exchanged at
Muscat as soon as possible.

(2) The present Treaty shall enter into force provisionally on 1st
January, 1952, and definitively on the exchange of instruments of
ratification.

(3) If five months after the date of signature instruments of
ratification have not been exchanged the provisional application of this
Treaty. shall then cease.

ARTICLE 17.

(1) The present Treaty shall remain in force for a period of fifteen
years from the date of its definitive entry into force as provided for in
Article 16(2). Unless one of the High Contracting Parties shall have
given to the other notice of termination one year before the expiry of the
said period of fifteen years, this Treaty shall remain in force until the
expiry of one year from the date on which such notice shall have been
given.

(2) A notice given under paragraph (1) of this Article shall apply to
any territory in respect of which notification of extension has been
given under Article 15.

In witness whereof Lieutenant-Colonel Sir William Rupert Hay,
K.C.I.E., C.S.I., on behalf of I-lis Majesty The King of Great Britain,
Ireland and the British Dominions beyond the Seas, and Sultan Said bin
Taimur bin Faisal, Sultan of Muscat and Oman and Dependencies, on
his own behalf, have signed the present Treaty and have affixed thereto
their respective seals.





Done in duplicate at Muscat this twentieth day of December, 1951,
corresponding to the twentieth of Rabi' al Awwal of the year 1371, in
English and Arabic, the English text to prevail in cases of doubt.

(L.S.) W. R. HAY. (L.S.) SAID BIN TAIMUR.

EXCHANGE OF LETTERS

No. 1.

His Majesty's Political Resident in the Persian Gull to the Sultan
of Muscat and Oman.

British Consulate,

My honoured and valued Friend, Muscat, 20th December, 1951.

With reference to our discussions and the negotiations for the new
Treaty of Friendship, Commerce and Navigation to replace the Treaty of
Friendship, Commerce and Navigation between His Majesty The King of
Great Britain, Ireland and the British Dominions beyond the Seas and the
Sultan of Muscat and Oman and Dependencies signed at Muscat on 5th
February, 1939, I understand that you are prepared to vest in His
Majesty The King of Great Britain, Ireland and the British Dominions
beyond the Seas for a period of ten years from 1st January, 1952,
extraterritorial jurisdiction in your territory over the persons and in the
manner indicated below.

(1) The Consular authorities of His Majesty shall exercise
jurisdiction over the following persons who shall, for this purpose, be
referred to as 'Nationals of His Majesty':

(a) Citizens of the United Kingdom and Colonies;

(b) Southern Rhodesian Citizens; and

(c) British Protected Persons.

This paragraph shall not apply to any of the above persons who are
Moslems.

(2) In the exercise of their powers under paragraph (1) above the
Consular authorities of His Majesty may, subject to any right of appeal
which His Majesty may provide, hear and determine

(i) all criminal charges against nationals of His Majesty;

(ii)all civil suits in which nationals of I-lis Majesty are defendants;





(iii)all bankruptcy cases in which the bankrupt or person whom it
is sought to make bankrupt is a national of His Majesty;

(iv)all proceedings connected with the administration of the
estate of a deceased national of His Majesty;

(v)all questions of personal status where the person whose
status is in question is a national of His Majesty.

(3) Over all other nationals of any country of the British
Commonwealth (whether they are Moslems or otherwise), except the
nationals of the Union of South Africa, of Pakistan, of the British
Protected Shaikhdoms in the, Persian Gulf, of Zanzibar and of the States
of the Aden Protectorate, the Consular authorities of His Majesty shall
have a like jurisdiction save that they shall not hear and determine

(i)criminal cases and civil suits, including those which arise in
connexion with laws and regulations made by the Sultan, in
which the complainant or plaintiff is the Sultan's Government
or a national of the Sultan; and

(ii)bankruptcy proceedings which the Sultan decides shall be
heard and determined by his Courts.

(4) If any decision is given against a national of His Majesty, as
defined in paragraph (1) above, by a Sultanate Court, the Sultan will, if
the Consul of His Majesty so requests, refer the case to a Shara Court
of Appeal which shall be appointed by the Sultan for that purpose.

(5) A national of His Majesty, as defined in paragraph (1) above,
shall not be arrested nor his property seized nor his house, office,
warehouse or other premises occupied by him entered and searched by
an officer of the Sultanate save in case of necessity for the prevention
of a breach of the peace or a breach of the Sultanate laws or regulations
or in the case of a fugitive offender attempting to take refuge with a
national of His Majesty, and in this event the proceedings shall be
reported and the national of His Majesty so arrested and the property
seized handed over to the Consul of His Majesty for trial or disposal.

(6) All laws and regulations made by the Sultan which are or shall
be applicable to nationals of the Sultan and to foreign nationals shall,
unless the Sultan decides otherwise, automatically apply to nationals of
His Majesty, as defined in paragraph (1), and to other nationals of any
country of the British Commonwealth in cases heard by the Consular
authorities of His Majesty in accordance with paragraph (3), save that in
the exercise of His jurisdiction the Consular authorities of His Majesty
shall follow the procedure laid down in their own law.

(7) At the personal request of the Sultan the Consul of His Majesty
shall without undue delay arrange the departure from the





Sultan's territories of any person considered by the Sultan to be
undesirable who is a national of His Majesty, as defined in paragraph (1)
provided that nothing in this paragraph shall prevent His Majesty's
Government in the United Kingdom from making representations to the
Sultan on behalf of any such person.

(8) All fines imposed by the Consular authorities of His Majesty in
regard to offences under the Sultanate Customs, Municipal or Passport
Regulations shall be paid over to the Sultanate Treasury.

(9) For the purposes of these arrangements corporate bodies shall
be deemed to be citizens or nationals of the territory under whose laws
they are created.

1 shall be grateful if you will kindly confirm that I have understood
correctly, so that I may inform His Majesty accordingly.

I desire to express the high consideration which I entertain for Your
Highness, and subscribe myself.

Your Highness's sincere friend,

W. R. HAY.

No. 2.

The Sultan of Muscat and Oman to His Majesty's Political
Resident in the Persian Gulf.

After Compliments. Muscat, 20th December, 1951.

We have received your Excellency's letter of to-day's date
regarding extra-territorial jurisdiction and we confirm that you have
understood correctly. Your Excellency may inform His Majesty the King
accordingly.

Your sincere friend,

SAID BIN TAIMUR
Cession of Hong Kong to Great Britain. Confirmation of Treaty of 29th August, 1842. Appointment of Ambassadors, &c. Residence of British Representative at Peking. Ceremonial, &c. Right of British Government to hire houses, &c., at Peking. Right of British Representative to choose his own servants, &c. Non-molestation of British Representative or his suite. Rights and privileges of British Representative. Expenses of Mission to be borne by British Government. Transaction of business between British Representative and Chinese Government. Privileges of Chinese Ambassadors, &c, in Great Britain. Appointment of Consuls. Their rights and privileges. Religious toleration. Passports. Trade on the river Yangtsze. Port of Chinkiang to be opened to trade. Other ports of Yangtsze to be opened. Ports of Newchwang, Chefoo, Swatow, and Kiung-chow (Hainan) opened to trade. Rent of houses, churches, hospitals, burial-grounds, &c. Employment of Chinese by British subjects. Hire of boats by British subjects. No monopoly. Smuggling. Jurisdiction of British authorities in question affecting British subjects. Administration of Justice. British Consular Jurisdiction in case of crimes committed by British subjects. Disputes between British subjects and Chinese. Consular intervention Protection of British persons and property. Pirates. Wrecks, &c. Surrender of fugitive criminals between China and Hong Kong. British and Chinese fraudulent debtors. Debts incurred by Chinese at Hong Kong. Most-favoured nation treatment in respect to imports and exports. Payments of import and export duties. Revision of Tariff. Duration and revision of Treaty and Tariff. Transit duties. [Dispensed with by No. 7 of the Rules of Trade, signed at Shanghai, 8th November, 1858.] Tonnage dues. Special certificate to vessels clearing from one Chinese port to another Chinese port and Hong Kong. Tonnage dues Exemption from payment in certain cases. Exemption of certain British boats from tonnage dues. Buoys, beacons, lighthouses, &c. Payment of duties in sycee or foreign money. Standard weights and measures to be deposited at each Consulate. Pilots. Custom-House guards. Liabilities of vessels entering port. Ship's manifest and bills of lading. Permit to open hatches and discharge goods. Permit to land and ship cargoes. Transshipments. Port-clearances. Mode of levying ad valorem duties. Mode of levying duties on goods. Reduction of duties on damaged goods. Re-exportation of duty-paid goods. Drawback certificates. Foreign grain. Preventions against fraud and smuggling. British vessels trading with ports not opened by Treaty liable to confiscation. Goods on British vessels found concerned in smuggling liable to confiscation. Penalties and confiscations to belong to Chinese Government. Language to be employed in official communications. Chinese character 'I' not to be applied to British Government or British subjects. Facilities to be granted to British ship of war. Piracy, &c. Measures to be taken for suppression of piracy. Confirmation of previous Treaties. Most-favoured-nation treatment conferred on British subjects. [Separate Article annulled by Convention of Peking, 24th October, 1860.] Ratifications. Cession of part of Kowloon leased; lease cancelled. Proclamation 28th March, 1861. Enlargement of British Territory under lease. Jurisdiction. Use of landing place near Kowloon by Chinese. Railway. No expropriation or expulsion of natives. Extradition. Use of Mirs Bay and Deep Bay by Chinese Ships of War. Ratifications. 17th April, 1899: - Proclamation, 8th April, 1899. Revoked O, in C. 27th Dec., 1899. Delimitation of Northern Frontier of New Territories.

Cession of Hong Kong to Great Britain. Confirmation of Treaty of 29th August, 1842. Appointment of Ambassadors, &c. Residence of British Representative at Peking. Ceremonial, &c. Right of British Government to hire houses, &c., at Peking. Right of British Representative to choose his own servants, &c. Non-molestation of British Representative or his suite. Rights and privileges of British Representative. Expenses of Mission to be borne by British Government. Transaction of business between British Representative and Chinese Government. Privileges of Chinese Ambassadors, &c, in Great Britain. Appointment of Consuls. Their rights and privileges. Religious toleration. Passports. Trade on the river Yangtsze. Port of Chinkiang to be opened to trade. Other ports of Yangtsze to be opened. Ports of Newchwang, Chefoo, Swatow, and Kiung-chow (Hainan) opened to trade. Rent of houses, churches, hospitals, burial-grounds, &c. Employment of Chinese by British subjects. Hire of boats by British subjects. No monopoly. Smuggling. Jurisdiction of British authorities in question affecting British subjects. Administration of Justice. British Consular Jurisdiction in case of crimes committed by British subjects. Disputes between British subjects and Chinese. Consular intervention Protection of British persons and property. Pirates. Wrecks, &c. Surrender of fugitive criminals between China and Hong Kong. British and Chinese fraudulent debtors. Debts incurred by Chinese at Hong Kong. Most-favoured nation treatment in respect to imports and exports. Payments of import and export duties. Revision of Tariff. Duration and revision of Treaty and Tariff. Transit duties. [Dispensed with by No. 7 of the Rules of Trade, signed at Shanghai, 8th November, 1858.] Tonnage dues. Special certificate to vessels clearing from one Chinese port to another Chinese port and Hong Kong. Tonnage dues Exemption from payment in certain cases. Exemption of certain British boats from tonnage dues. Buoys, beacons, lighthouses, &c. Payment of duties in sycee or foreign money. Standard weights and measures to be deposited at each Consulate. Pilots. Custom-House guards. Liabilities of vessels entering port. Ship's manifest and bills of lading. Permit to open hatches and discharge goods. Permit to land and ship cargoes. Transshipments. Port-clearances. Mode of levying ad valorem duties. Mode of levying duties on goods. Reduction of duties on damaged goods. Re-exportation of duty-paid goods. Drawback certificates. Foreign grain. Preventions against fraud and smuggling. British vessels trading with ports not opened by Treaty liable to confiscation. Goods on British vessels found concerned in smuggling liable to confiscation. Penalties and confiscations to belong to Chinese Government. Language to be employed in official communications. Chinese character 'I' not to be applied to British Government or British subjects. Facilities to be granted to British ship of war. Piracy, &c. Measures to be taken for suppression of piracy. Confirmation of previous Treaties. Most-favoured-nation treatment conferred on British subjects. [Separate Article annulled by Convention of Peking, 24th October, 1860.] Ratifications. Cession of part of Kowloon leased; lease cancelled. Proclamation 28th March, 1861. Enlargement of British Territory under lease. Jurisdiction. Use of landing place near Kowloon by Chinese. Railway. No expropriation or expulsion of natives. Extradition. Use of Mirs Bay and Deep Bay by Chinese Ships of War. Ratifications. 17th April, 1899: - Proclamation, 8th April, 1899. Revoked O, in C. 27th Dec., 1899. Delimitation of Northern Frontier of New Territories.

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