Legal Materials on Tibet
Convention Between Great Britain and China Relating to Sikkim and Tibet (1890) [382]
CONVENTION BETWEEN GREAT BRITAIN AND CHINA
RELATING TO SIKKIM AND TIBET
Signed at Calcutta, 17 March 1890
Ratified at London, 27 August 1890
Whereas Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of China, are sincerely desirous to maintain and perpetuate the relations of friendship and good understanding which now exist between their respective Empires; and whereas recent occurrences have tended towards a disturbance of the said relations, and it is desirable to clearly define and permanently settle certain matters connected with the boundary between Sikkim and Tibet, Her Britannic Majesty and His Majesty the Emperor of China have resolved to conclude a Convention on this subject, and have, for this purpose, named Plenipotentiaries, that is to say:
Her Majesty the Queen of Great Britain and Ireland, his Excellency the Most Honourable Henry Charles Keith Petty Fitzmaurice, G.M.S.I., G.C.M.G., G.M.I.E., Marquess of Lansdowne, Viceroy and Governor-General of India;
And His Majesty the Emperor of China, his Excellency Sheng Tai, Imperial Associate Resident in Tibet, Military Deputy Lieutenant-Governor;
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 eight Articles:--
I. The boundary of Sikkim and Tibet shall be the crest of the mountain range separating the waters flowing into the Sikkim Teesta and its affluents from the waters flowing into the Tibetan Mochu and northwards into other rivers of Tibet. The line commences at Mount Gipmochi on the Bhutan frontier, and follows the above-mentioned water-parting to the point where it meets Nipal territory.
II. It is admitted that the British Government, whose Protectorate over the Sikkim State is hereby recognized, has direct and exclusive control over the internal administration and foreign relations of that State, and except through and with the permission of the British Government neither the Ruler of the State nor any of its officers shall have official relations of any kind, formal or informal, with any other country.
III. The Government of Great Britain and Ireland and the Government of China engage reciprocally to respect the boundary as defined in Article 1, and to prevent acts of Aggression from their respective sides of the frontier.
IV. The question of providing increased facilities for trade across the Sikkim-Tibet frontier will hereafter be discussed with a view to a mutually satisfactory arrangement by the High Contracting Powers.
V. The question of pasturage on the Sikkim side of the frontier is reserved for further examination and future adjustment.
VI. The High Contracting Powers reserve for discussion and arrangement the method in which official communications between the British authorities in India and the authorities in Tibet shall be conducted.
VII. Two joint Commissioners shall, within six months from the ratification of this Convention, be appointed, one by the British Government in India, the other by the Chinese Resident in Tibet. The said Commissioners shall meet and discuss the questions which, by the last three preceding Articles, have been reserved.
VIII. The present Convention shall be ratified, and the ratifications shall be exchanged in London as soon as possible after the date of the signature thereof.
In witness whereof the respective negotiators have signed the same, and affixed thereunto the seals of their arms.
Done in quadruplicate at Calcutta, this 17th day of March, in the year of our Lord 1890, corresponding with the Chinese date, the 27th day of the second moon of the 16th year of Kuang Hsu.
Landsdowne
Signature of the Chinese Plenipotentiary
Regulations Regarding Trade, Communications
and Pasturage Appended to the Convention
Between Great Britain and China
Relating to Sikkim and Tibet of 1890
Signed at Darjeeling, India, 5 December 1893
I. A trade mart shall be established at Yatung on the Tibetan side of the frontier, and shall be open to all British subjects for purposes of trade from the first day of May, 1894. The Government of India shall be free to send officers to reside at Yatung to watch the conditions of British trade at that mart.
II. British subjects trading at Yatung shall be at liberty to travel freely to and fro between the frontier and Yatung, to reside at Yatung, and to rent houses and godowns for their own accommodation, and the storage of their goods. The Chinese Government undertake that suitable buildings for the above purposes shall be provided for British subjects, and also that a special and fitting residence shall be provided for the officer or officers appointed by the Government of India under Regulation�I to reside at Yatung. British subjects shall be at liberty to sell their goods to whomsoever they please, to purchase native commodities in kind or in money, to hire transport of any kind, and in general to conduct their business transactions in conformity with local usage, and without any vexatious restrictions. Such British subjects shall receive efficient protection for their persons and property. At Lang-jo and Ta-chun, between the frontier and Yatung, where rest houses have been built by the Tibetan authorities, British subjects can break their journey in consideration of a daily rent.
III. Import and export trade in the following article arms, ammunition, military stores, salt, liquors, and intoxicating or narcotic drugs, may at the option of either Government be entirely prohibited, or permitted only on such conditions as either Government on their own side may think fit to impose.
IV. Goods, other than goods of the descriptions enumerated in Regulation III, entering Tibet from British India, across the Sikkim-Tibet frontier, or vice versa, whatever their origin, shall be exempt from duty for a period of five years commencing from the date of the opening of Yatung to trade; but after the expiration of this term, if found desirable, a tariff may be mutually agreed upon and enforced.
Indian tea may be imported into Tibet at a rate of duty not exceeding that at which Chinese tea is imported into England, but trade in Indian tea shall not be engaged in during the five years for which other commodities are exempt.
V. All goods on arrival at Yatung, whether from British India or from Tibet, must be reported at the Customs Station there for examination, and the report must give full particulars of the description, quantity, and value of the goods.
VI. In the event of trade disputes arising between British and Chinese or Tibetan subjects in Tibet, they shall be inquired into and settled in personal conference by the Political Officer for Sikkim and the Chinese Frontier Officer. The object of personal conference being to ascertain facts and do justice, where there is a divergence of views the law of the country to which the defendant belongs shall guide.
VII. Dispatches from the Government of India to the Chinese Imperial Resident in Tibet shall be handed over by the Political Officer for Sikkim to the Chinese Frontier Officer, who will forward them by special courier.
Dispatches from the Chinese Imperial Resident in Tibet to the Government of India will be handed over by the Chinese Frontier Officer to the Political Officer for Sikkim, who will forward them as quickly as possible.
VIII. Dispatches between the Chinese and Indian officials must be treated with due respect, and couriers will be assisted in passing to and fro by the officers of each Government.
IX. After the expiration of one year from the date of the opening of Yatung, such Tibetans as continue to graze their cattle in Sikkim will be subject to such Regulations as the British Government may from time to time enact for the general conduct of grazing in Sikkim. Due notice will be given of such regulations.
General Articles
I. In the event of disagreement between the Political Officer for Sikkim and the Chinese Frontier Officer, each official shall report the matter to his immediate superior, who, in turn, if a settlement is not arrived at between them, shall refer such matter to their respective Governments for disposal.
II. After the lapse of five years from the date on which these Regulations shall come into force, and on six months' notice given by either party, these Regulations shall be subject to revision by Commissioners appointed on both sides for this purpose who shall be empowered to decide on and adopt such amendments and extensions as experience shall prove to be desirable.
III. It having been stipulated that Joint Commissioners should be appointed by the British and Chinese Governments under the seventh article of the Sikkim-Tibet Convention to meet and discuss, with a view to the final settlement of the questions reserved under Articles�4, 5, and�6 of the said Convention; and the Commissioners thus appointed having met and discussed the questions referred to, namely, Trade, Communication, and Pasturage, have been further appointed to sign the agreement in nine Regulations and three General Articles now arrived at, and to declare that the said nine Regulations and the three General Articles form part of the Convention.
In witness whereof the respective Commissioners have hereto subscribed their names.
Done in quadruplicate at Darjeeling this 5th day of December, in the year one thousand eight hundred and ninety-three, corresponding with the Chinese date the 28th day of the 10th moon of the 19th year of Kuang Hsu.
A. W. PAUL,
British Commissioner
Ho Chang-Jung, James H. Hart,
Chinese Commissioners
Notes
1. Source for 1890 document: B.F.S.P., 1889-1890, Vol. 82, pp. 9-11.
2. Source for 1893 document: B.F.S.P., 1892-1893, Vol. 85, pp. 1235-1237.
Reproduced from M. C. van Walt van Praag's Status of Tibet: History, Rights and Prospects in International Law. With permission of the author.
source: Tibet Justice Centre
No comments:
Post a Comment