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THE BRITISH COMMERCIAL TREATY WITH CHINA
or works on them and for the loss which may be caused by such damage. In the
event of China desiring to prohibit the use of some particular shallow waterway by
launches, because there is reason to fear that the use of it by them would be likely
to injure the banks and cause damage to the adjoining country, the British
authorities, when appealed to, shall, if satisfied of the validity of the objection,
prohibit the use of that waterway by British launches, provided that Chinese
launches are also prohibited from using it.
Both Foreign and Chinese launches are prohibited from crossing dams and weirs
at present in existence on inland waterways where they are likely to cause injury to
such works, which would be detrimental to the water service of the local people.
5. —The main object of the British Government in desiring to see the inland
waterways of China opened to steam navigation being to afford facilities for the rapid
transport of both foreign and native merchandise, they undertake to offer no impedi¬
ment to the transfer to a Chinese company and the Chinese flag of any British
steamer which may now or hereafter be employed on the inland waters of China
should the owner be willing to make the transfer.
In event of a Chinese company registered under Chinese law being formed to run
steamers on the inland waters of China the fact of British subjects holding shares in
such a company shall not entitle the steamers to fly the British flag.
6. —Begistered steamers and their tows are forbidden, just as junks have always
been forbidden, to carry contraband goods. Infraction of this rule will entail the
penalties prescribed in the Treaties for such an offence, and cancellation of the Inland
Waters Navigation Certificate carried by the vessels, which will be prohibited from
thereafter plying on inland waters.
7. —As it is desirable that the people living inland should be disturbed as little
as possible by the advent of steam vessels to which they are not accustomed, inland
waters not hitherto frequented by steamers shall be opened as gradually as may be
convenient to merchants and only as the owners of steamers may see prospects of
remunerative trade.
In cases where it is intended to run steam vessels on waterways on which such
vessels have not hitherto run, intimation shall be made to the Commissioner of
Customs at the nearest open port who shall report the matter to the Ministers of
Commerce. The latter, in conjunction with the Governor-General or Governor of
the Province, after careful consideration of all the circumstances of the case, shall at
once give their approval.
8. —A registered steamer may ply within the waters of a port, or from one open
port or ports to another open port or ports, or from one open port or ports of
places inland, and thence back to such port or ports. She may, on making due
report to the Customs, land or ship passengers or cargo at any recognised places of
trade passed in the course of the voyage; but may not ply between inland places
exclusively except with the consent of the Chinese Government.
9. —Any cargo and passenger boats may be towed by steamers. The helmsman
and crew of any boat towed shall be Chinese. All boats, irrespective of ownership,
must be registered before they can proceed inland.
10. —These Buies are supplementary to the Inland Steam Navigation Begulations
of July and September, 1898. The latter, where untouched by the present Buies,
remain in full force and effect; but the present Buies hold in the case of such of the
former Begulations as the present Buies affect. The present Buies, and the
Begulations of July and September, 1898, to which they are supplementary, are
provisional and may be modified, as circumstances require, by mutual consent.
Done at Shanghai this fifth day of September, in the year of Our Lord, 1902,
corresponding with the Chinese date, the fourth day of the eighth moon of the
twenty-eighth year of Kwang Hsu.
[li.S.]
Jas. L. Mack at.