1887, Supp. Commercial - France
ADDITIONAL COMMERCIAL CONVENTION, 1887
The President of the French Republic and His Majesty the Emperor of China, desirous of favoring the development of commercial relations between the two countries and assuring the good working of the Treaty of Commerce signed at Tianjin on 25 April 1886, have decided to conclude an additional Convention modifying some of the arrangements contained in the said Act.
To this effect, the two High Contracting Parties have named as their respective Plenipotentiaries, namely:—
The President of the French Republic, Monsieur Ernest Constans, Deputy [of the National Assembly], former Minister of the Interior and of Faiths, Government Commissioner, Special Envoy of the Republic of France in China;
And His Majesty the Emperor of China, His Highness Prince Qing, Prince of the second rank, President of the Zongli Yamen,
His Excellency Sun Yuwen, member of the Zongli Yamen, First Vice-President of the Ministry of Public Works;
Who, after having communicated their full powers, found to be in good and due form, are agreed on the following Articles:—
The Treaty signed at Tianjin on 25 April 1886 will, immediately after the exchange of ratifications, be faithfully put into practice in all its clauses, except, understandably, those which the present Convention modifies.
In carrying out the first Article of the Treaty of 25 April 1886, it is agreed by the two High Contracting Parties that the town of Longzhou [Longtcheou] in Guangxi [Kouang-si] and that of Mengzi [Mongtseu] in Yunnan are open to French-Annamese trade; it is further agreed that Manhao, which is found on the river route to Laokai [?] and Mengzi, is open to trade the same as Longzhou and Mengzi, and that the French Government will have the right to maintain an Agent here, under the Consul at the latter town [Mengzi].
To ensure the most rapid possible development of trade between Tonkin and China, the import and export duties stipulated in Articles VI and VII of the Treaty of 25 April 1886 are temporarily changed as follows:
Foreign goods imported into China via the open towns will pay duty under the General Tariff of the Maritime Customs, reduced by three tenths.
Chinese goods exported to Tonkin will pay the export duty under the said General Tariff, reduced by four tenths.
Products of Chinese origin which have paid the import duties in accordance with the first paragraph of Article IX of the Treaty of 25 April 1886 and which are being transported across Tonkin to an Annamese port, will in exiting from this port and if destined for a country other than China, be subject to the export duty fixed by the Franco-Annamese Customs Tariff.
The Chinese Government authorizes the export of opium native to Tonkin via the land frontier, in consideration of an export duty of twenty taels per picul or 100 Chinese pounds. French or French protégés may buy opium only at Longzhou, Mengzi and Manhao. The likin and barrier duties which native merchants will have to pay on this product will not exceed twenty taels per picul.
Chinese merchants who have brought opium from the interior, at the same time as the goods, receipts proving that the likin has been fully paid, and the buyer will present these receipts to the Customs, who will cancel them the moment he has effected payment of the export duty.
It is understood that this opium, should it reenter China, either via the land frontier or one of the open ports, will not be treated the same as reimports of products of Chinese origin.
French and Annamese ships, with the exception of warships and ships employed in the transport of troops, arms or munitions of war, may ply from Langson to Caobang and back, using the rivers (Song-ki-kong and Caobang) which link Langson to Longtcheou and Longtcheou to Caobang.
A tonnage duty of 5 hundredths of a tael per ton will be levied on these ships for each trip. However the goods making up the cargo will pay no duty.
Merchandise destined for China may also be transported by the rivers referred to in the first paragraph of this Article, as well as by the land routes, notably the mandarin route from Langson to Longtcheou; but until China has established a customs house at the border, goods which have gone by these land routes may be sold only after duties have been paid on them at Longtcheou.
It is understood that France will enjoy, without prior negotiation, all privileges and immunities of whatever nature, as wells as all trade advantages which may be hereafter accorded the most favored nation by Treaties and Conventions having as their object the regulation of political and commercial relations in China and the lands situated to the south and southwest of the Chinese Empire.
Having arrived by common accord at the arrangements herein, the Plenipotentiaries have affixed their signatures and seals to two copies of the French text of the present Convention as well as to the Chinese translation which accompanies each of the copies.
The stipulations of the present supplementary Convention will go into effect, as if they were inserted into the very text of the Treaty of April 25, 1886, on the day on which the ratifications of the said Treaty and convention are exchanged.
The present Convention will be ratified by His Majesty the Emperor of China and, immediately after its ratification by the President of the French Republic, the ratifications will be exchanged at Beijing.
Done at Beijing on June 26, 1887.
Seal of the
CORRESPONDENCE CONCERNING THE ADDITIONAL COMMERCIAL CONVENTION OF 1887
Official letter of His Highness Prince Qing and the Ministers of the Tsungli Yamen to Monsieur Constans, Special Envoy of the French Republic to China
Following several conferences, we have arrived at agreement with you on the terms of an Additional Convention in 10 Articles and of a procès-verbal ending the work of the Delimitation Commission charged with completing and modifying certain stipulations of the Peace Treaty of June 9, 1885 and the Treaty of April 25, 1886 governing commercial relations between China and Annam.
As we prepare to select a day for the signing of these two documents, we must agree between us on three points remaining unsettled, and which we porpose to resolve in the following manner:
1. By the terms of the previous Treaty, the Chinese Government may install Consuls in the principal cities of Tonking. We have agreed to postpone their naming until the day when the two Governments consider circumstances permit their establishment.
2. It is understood that when the Chinese Government has established Consuls at Hanoi and Haiphong, the French Government may name them in the capitals of Yunnan and Guangxi provinces.
3. The French Consuls which the Chinese government has consented be named for Longtcheou and Mongtseu, as well as the Agent at Manhao related to the Consul at Mongtseu, will not be allowed to establish in these towns, open only to land commerce, concessions such as exist in the port of Shanghai and some other open ports.
It is understood that these three Articles shall have the same validity as if they were inserted in the very text of the Additional Convention.
Such is the aim of the present communication, to which we look forward to your positive response.
Beijing, 3rd day of the 5th Moon
of the Third Year of Guang Su
(June 23, 1887)
Reply of Monsieur Constans, Special Envoy of the French Republic in China, to His Highness Prince Qing and Their Excellencies The Ministers of the Tsungli Yamen
I have the honor to acknowledge receipt of your letter dated June 23, 1887, in which you propose to me the settlement of the three following points not fixed in the Additional Convention:
1. We are agreed that the Chinese Government consents to the postponement of the naming of Consuls to be installed, by the terms of the previous Treaty, in the big cities of Tongking, until the day that both Governments believe that the cirsumstances allow their establishment.
2. It is understood that when the Chinese Government establishes Consuls at Hanoi and Haiphong, the French Government may name them in the capitals of Yunnan and Guangxi provinces.
3. The French Consuls that the Chinese Government consents to be nominated to Longtcheou and Mongtseu, as well as the Agent relating to the Consul at Mongtseu to be established at Manhao, may not establish in these towns, open only to land commerce, concessions such as those existing in the port of Shanghai and certain other open ports.
Your Higness and Your Excellencies have added that “these three Articles shall have the same validity as if they were inserted in the very text of the Additional Convention.”
The dispatch of Your Higness and Your Excellencies confirms precisely the Conventions arrived at in the course of our confernces. I thus have the honor to express our accord on all the points therein.
Beijing, June 23, 1887.