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Convention Between Great Britain and China Respecting Tibet (1906) [389]

CONVENTION BETWEEN GREAT BRITAIN



AND CHINA RESPECTING TIBET

Signed at Peking, 27 April 1906

Ratified at London, 23 July 1906

Whereas His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor 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 the refusal of Tibet to recognize the validity of or to carry into full effect the provisions of the Anglo-Chinese Conventions of March 17, 1890 and Regulations of December 5, 1893 placed the British Government under the necessity of taking steps to secure their rights and interests under the said Convention and Regulations;

And whereas a Convention of ten Articles was signed at Lhasa on September 7, 1904 on behalf of Great Britain and Tibet, and was ratified by the Viceroy and Governor-General of India on behalf of Great Britain on November 11, 1904, a declaration on behalf of Great Britain modifying its terms under certain conditions being appended thereto;

His 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--His Majesty the King of Great Britain and Ireland: Sir Ernest Mason Satow, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, His said Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of China; And His Majesty the Emperor of China: His Excellency Tong Shoa-yi, His said Majesty's High Commissioner Plenipotentiary and a Vice-President of the Board of Foreign Affairs--who having communicated to each other their respective full powers and finding them to be in good and true form have agreed upon and concluded the following Convention in six Articles.

Art. I. The Convention concluded on September 7, 1904 by Great Britain and Tibet, the texts of which in English and Chinese are attached to the present Convention as an annex, is hereby confirmed, subject to the modification stated in the declaration appended thereto, and both of the High Contracting Parties engage to take at all times such steps as may be necessary to secure the due fulfillment of the terms specified therein.

II. The Government of Great Britain engages not to annex Tibetan territory or to interfere in the administration of Tibet. The Government of China also undertakes not to permit any other foreign State to interfere with the territory or internal administration of Tibet.

III. The Concessions which are mentioned in Article IX (d) of the Convention concluded on September 7, 1904 by Great Britain and Tibet are denied to any State or to the subject of any State other than China, but it has been arranged with China that at the trade marts specified in Article II of the aforesaid Convention Great Britain shall be entitled to lay down telegraph lines connecting with India.

IV. The provisions of the Anglo-Chinese Convention of 1890 and Regulations of 1893 shall, subject to the terms of this present Convention and annex thereto, remain in full force.

V. The English and Chinese texts of the present Convention have been carefully compared and found to correspond but in the event of there being any difference of meaning between them the English text shall be authoritative.

VI. This Convention shall be ratified by the Sovereigns of both countries and ratifications shall be exchanged at London within three months after the date of signature by the Plenipotentiaries of both Powers.

In token whereof the respective Plenipotentiaries have signed and sealed this Convention, four copies in English and four in Chinese.

Done at Peking this twenty-seventh day of April, one thousand nine hundred and six, being the fourth day of the fourth month of the thirty-second year of the reign of Kuang-hsu.

(L.S.) Ernest Satow

(Signature and Seal

of the Chinese Plenipotentiary)

Exchange of Notes Between Great Britain

and China Respecting the Non-Employment of

Foreigners in Tibet,

Peking, April 27, 1906

Tong Shoa-yi to Sir E. Satow

Your Excellency,

With reference to the Convention relating to Tibet which was signed to-day by your Excellency and myself on behalf of our respective Governments, I have the honour to declare formally that the Government of China undertakes not to employ any one not a Chinese subject and not of Chinese nationality in any capacity whatsoever in Tibet.

I avail, & c.

Tong Shoa-yi

Sir E. Satow to Tong Shoa-yi

Your Excellency,

I have the honor to acknowledge the receipt of your Excellency's note of this day's date, in which you declare formally, with reference to the Convention relating to Tibet which was signed today by your Excellency and myself on behalf of our respective Governments, that the Government of China undertakes not to employ any one not a Chinese subject and not of Chinese nationality in any capacity whatsoever in Tibet.

I avail, & c.

Ernest Satow

Notes

1. Source: B.F.S.P., 1905-1906, Vol. 99, pp. 171-173.

Reproduced from M. C. van Walt van Praag's Status of Tibet: History, Rights and Prospects in International Law. With permission of the author.