Memorandum comparing the Regulation for Trade between Chinese and Coreans with the Provisions of the British Treaty with Corea.

Foreign office,
January 24, 1883

The points in which the provisions of the Chinese and Corean Trade Regulations differ from those of the recent Treaties are such as are affected by the suzerainty which has hitherto been exercised by China over Corea, the superiority of China in power and civilization, the geographical position of the two countries as neighbours, and the fact that both Regulations and Treaties were framed under the supervision of Li Hung-chang, who, while he might be expected to further therein his country’s commercial interests in his capacity of Imperial Commissioner for the North, might be trusted to secure his own personal interests as one of the principal shareholders of the Chinese Merchants Steamship Company.

Chinese and Corean RegulationsBritish and Corean Treaty
Appointment of Commercial Agents.―With reference to the “suzeraineté,” the title accorded to the officials of each country who will reside at the open ports of the other is Commercial Agent instead of Consul. The Chinese Agents are appointed by the Imperial Commissioner for the North, to whom they will refer important cases, the Corean Agents being appointed by the King. The latter Agents will refer important
cases to a high Corean official, who will reside at Tien-tsin (the seat of government of Li Hung-chang).
No mention is made of the residence of a Chinese official at the Corean capital.
“Commercial Agents may not levy contributions, but shall defray their own expenses.”
An incidental allusion to the “suzeraineté” is made in one of the later provisions, by which Corean officials will no longer have to supply the wants of Chinese men-of-war which may cruize on the coast, or anchor in her ports for her protection.
Jurisdiction.―With regard to jurisdiction, China exercises jurisdiction in her own ports over Coreans, but reserves it in Corean ports over her own subjects. Coreans at Chinese open ports shall in all cases be tried by the Chinese authorities, who will send a report of the case to the Corean Agent. Should the Corean be dissatisfied with the decision the Corean Agent may request the High Authorities to rehear the case, whereas in Corean ports Chinese defendants will be tried by the Chinese official, and in cases where the Coreans are defendants and the Chinese plaintiffs the Corean official shall produce the accused, and, together with the Chinese official, try the case according to law.

This term would seem to imply that the Commercial Agents are to be permitted to trade, although by the terms of the British Treaty it is laid down that “no merchants shall be permitted to exercise the duties of the Consular office,” &c.
British defendants in Corean ports will be tried by their Consul, and Corean defendants by the Corean authorities, an official of the plaintiff's nationality being permitted to attend the trial and to examine and crossexamine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail.
(In the Chinese version of the United States’ Treaty the wording is “appeal may be made to the

Extradition is to be carried out of persons who have committed offences against the laws of their respective countries (China and Corea), and take refuge in the other country.

The prohibitions as to ships of either country entering non-open ports for purposes of trade is maintained as in the Treaties, exception being made in the case of fishing-boats.
“Fishing craft of either nation from the coast of Corea or the shores of Shantung and Fengtien may come and go at pleasure in pursuit of that avocation, and may purchase provisions and water ashore.”
“They may not carry on a clandestine trade, and boats so offending will, with their cargo, be confiscated.
“After the expiration of two years, Rules shall be formed regulating the fish duties to be paid by the fishing-boats of either nation.”
With regard to port dues and tonnage dues, reference is made to Regulations which do not accompany the present document, viz., “The ships of either country may frequent the open ports of the other for purposes of trade under the Regulations already agreed upon affecting the loading

Governments of the United States and Corea for decision.”)―See Sir H.S. Parkes’ notes on British Treaty, Article IV.
Coreans guilty of the violation of the laws of the kingdom, or against whom any action has been brought, to be delivered up to the Corean authorities if they conceal themselves in the residences or warehouses of British subjects or on board British merchant-ships.
While by Article V of the Treaty British merchants and merchant-vessels visiting Corea for the purpose of traffic shall pay duties upon all merchandize imported and exported.
The right of fixing their Tariff is also here asserted, and notice is given that both the Tariff and the Customs Regulations will be fixed by the Corean authorities, and communicated to the proper officials of the British Government, &c.

and unloading of merchandize, and the payment of maritime dues.” And again, “Imports and exports shall pay duty, and maritime vessels shall pay tonnage dues, as specified in the Maritime Customs Regulations.”
All merchandize imported or exported shall pay an ad valorem duty of 5 per cent.
Tonnage dues are to be paid by English ships entering Corean ports at the rate of 5 mace a-ton.
The Article goes on to say that it is agreed as a general measure that the Tariff upon such imports as are of daily use shall not exceed an ad valorem duty of 10 per cent., and for luxuries of 30 per cent., and that native produce exported shall pay a duty not exceeding 5 per cent.
It is further agreed that the duty upon foreign imports shall be paid once for all at the port of entry, and that no other dues, duties, fees, taxes, or charges of any sort shall be levied upon such imports either in the interior or at the ports.
Ginseng.―Corean merchants are to be allowed to bring red ginseng into China on payment of ad valorem duty of 15 per cent.

Terms of Residence.―Chinese and Coreans resorting to each other’s countries for trade―being well-

But in the case of British subjects, if they clandestinely purchase it for export, it shall be confiscated and the offenders punished, “Corea having of old prohibited the exportation of red ginseng.”
But in the case of British subjects, by Article VI these advantages of residence are restricted to the limits of

conducted persons―are to be at liberty to rent land and premises and build houses, and also to trade in local produce and any merchandize not contraband.
Trade between the Ports and in the interior.―Merchandize may be carried from one port to another on payment of a half import duty at the time of reimportation, in addition to the export duty already paid at the time of exportation.
Corean subjects are by law allowed to trade at Peking, and Chinese subjects to open establishments at Yanghua and Chinghan in Corea, But, this apart, they are not allowed to convey merchandize into the interior.
New Frontier Trading Stations are proposed “where the people shall be allowed to trade as they please. At the marts thus opened customs stations shall be established for the detection of bad characters, and for the receipt of duties.”
It is added that “special and detailed regulations cannot be put in force until the Imperial Commissioner for the North and the King of Corea each send officers to the spot to draw up these conjointly, after which they shall be submitted to the Throne for approval.”

the concessions, and their traffic to the limits of the port.
The land rent also is to be fixed by the Corean authorities, a point which is not mentioned in the case of the Chinese.
Subjects of either country may proceed into the interior to purchase native produce (or to travel), provided they first obtain a pass in the joint names of their Commercial Agent or the local official, specifying the place where the produce is to be purchased. The horses, carts, and boats to be hired by the purchaser, who will also pay all li-kin and duties leviable en route.

Whereas, by Article VI, British subjects are not permitted to transport native produce from one open port to the other. Violations of this rule will subject such merchandize to confiscation, and the merchant offending will be handed over to the Consular authorities to be dealt with; and by Article III, “if a British vessel carries on a clandestine trade at a port not open to foreign commerce, such vessel, with her cargo, shall be seized and confiscated.”
But British subjects are not permitted either to transport foreign imports to the interior or to proceed thither to purchase native produce (are

Munitions of War (Article VI) and Opium.―Their importation for sale is prohibited to the subjects of either country.

Postal Communication (Article VII).―The King of Corea may apply to the imperial Commissioner for the North to detail a merchant steamer to come and go once a-month (no details as to ports supplied), the Corean Administration paying a certain sum as subsidy.

A report that this was his intention is mentioned by Sir H.S. Parkes in his notes on the British Treaty (Article VI).

they allowed by the text of the Treaty to go into the interior at all?) (See Sir T. Wade, No. 63 of the 28th July) The German Minister, Herr von Brandt, does not read the Treaty as authorizing circulation in the interior, even for pleasure.
Article VII. Opium.―In the English Treaty the words for sale are omitted, and British subjects are not permitted to import opium into the open ports, to transport it from one open port to another, or to traffic in it in Corea.
Arms, &c., may be imported only by British subjects under a written permit.
It is by means of this arrangement respecting the postal service, which is to be undertaken by Chinese merchant-steamers, that Li Hung-chang has obtained for his Steam-ship Company above alluded to the monopoly of the passenger and goods traffic both to and from the Chinese and Corean ports and between the Corean open ports.
No time is stated during which the Regulations will remain in force, but alterations will be made “as the occasion requires,” the Commissioner for the North consulting with the King of Corea, and submitting any change for the approval of the Throne.

J. SAUMAREZ