1927

THE BRITISH COMMERCIAL TREATY WITH CHINA
23
It being, moreover, of the utmost importance that all shareholders in a Joint Stock
Company should stand on a footing of perfect equality as far as mutual obligations
are concerned, China further agrees that Chinese subjects who have or may become
shareholders in any British Joint Stock Company shall be held to have accepted, by
the very act of becoming shareholders, the Charter of Incorporation or Memorandum
and Articles of Association of such Company and regulations framed thereunder as-
interpreted by British Courts, and that Chinese Courts shall enforce compliance there¬
with by such Chinese shareholders, if a suit to that effect be entered, provided always
that their liability shall not be other or greater than that of British shareholders in
the same Company.
Similarly the British Government agree that British subjects investing in
Chinese Companies shall be under the same obligations as the Chinese shareholders
in such companies.
The foregoing shall not apply to cases which have already been before the Courts
and been dismissed.
Art. V.—The Chinese Government undertake to remove within the next two-
years the artificial obstructions to navigation in the Canton Biver. The Chinese-
Government also agree to improve the accommodation for shipping in the harbour of
Canton and to take the necessary steps to maintain that improvement, such work to
be carried out by the Imperial Maritime Customs and the cost thereof to be defrayed-
by a tax on goods landed and shipped by British and Chinese alike according to a
scale to be arranged between the merchants and the Customs Authorities.
The Chinese Government are aware of the desirability of improving the naviga¬
bility by steamer of the waterway between Ichang and Chungking, but are also fully
aware that such improvement might involve heavy expense and would affect the-
interests of the population of the provinces of Szechuen, Hunan, and Hupeh. It is,
therefore, mutually agreed that until improvements can be carried out steamship
owners shall, be allowed, subject to approval by the Imperial Maritime Customs, to
erect, at their own expense, appliances for hauling through the rapids. Such
appliances shall be at the disposal of all vessels, both steamers and junks, subject to-
regulations to be drawn up by the Imperial Maritime Customs. These appliances
shall not obstruct the waterway or interfere with the free passage of junks. Signal
stations and channel marks where and when necessary shall be erected by the.
Imperial Maritime Customs. Should any practical scheme be presented for improv¬
ing the waterway and assisting navigation without injury to the local population or
cost to the Chinese Government, it shall be considered by the latter in a friendly
spirit.
Art. VI.—The Chinese Government agree to make arrangements to give increased,
facilities at the open ports for bonding and for repacking merchandise in bond, and,
on official representation being made by the British Authorities, to grant the privi¬
leges of a bonded warehouse to any warehouse which, to the satisfaction of the
Customs Authorities, affords the necessary security to the revenue.
Such warehouses will be subject to regulations, including a scale of fees according,
to commodities, distance from Custom-house and hours of working, to be drawn up
by the Customs Authorities who will meet the convenience of merchants so far as is
compatible with the protection of the revenue.
Art. VII.—Inasmuch as the British Government affords protection to Chinese
trade marks against infringement, imitation, or colourable imitation by British
subjects, the Chinese Government undertake to afford protection to British trade
marks against infringement, imitation, or colourable imitation by Chinese subjects.
The Chinese Government further undertake that the Superintendents of Northern
and of Southern trade shall establish offices within their respective jurisdictions under-
control of the Imperial Maritime Customs where foreign trade marks may be-
registered on payment of a reasonable fee.
Art. VIII.—Preamble. The Chinese Government, recognising that the system
of levying lekin and other dues on goods at the place of production, in transit, and