File No. 4857/18–21.
Chargé Fletcher to
the Secretary of State.
American Legation,
Peking,November 2,
1907.
No. 777.]
Sir: I have the honor to transmit herewith
translation of a note recently received from the foreign office,
inclosing copy of the regulations governing the importation of arms and
ammunition into China.
This subject has assumed added importance in the eyes of the Chinese
Government since the recent assassination of Governor En Ming by a
revolutionary official, and a number of seizures have been made of arms
illicitly imported.
The regulations met with objection of all of the foreign representatives,
and at a meeting of the diplomatic body it was decided to address a note
to the foreign office on the subject, translation of which I
inclose.
The regulations seem objectionable to me in the following respects: No
exception is made of arms and ammunition imported for the use of the
legation guards and of the volunteer corps organized in the foreign
settlements at Shanghai and Tientsin, nor of sporting rifles which
visitors wishing to hunt or travel for pleasure or in the interest of
science in China may wish to bring with them.
I have, etc.,
[Inclosure
1.—Translation.]
The Prince of Ch’ing
to Minister Rockhill.
Foreign Office,
Peking,September 20,
1907.
No. 339.]
Your Excellency: It is matter of record
that my board has already transmitted to your excellency a copy of
the regulations drawn up by the superintendency of customs governing
the importation of arms and ammunition.
I have now received from the superintendency of customs a dispatch
informing me that the former regulations have been altered and
inclosing a copy of the revised form, with the request that I inform
the ministers resident in Peking of the regulations as they stand at
present. It becomes my duty, therefore, to write this dispatch
acquainting your excellency with these facts and transmitting a copy
of the revised regulations.
A necessary dispatch.
I avail, etc.,
[Seal of the Wai-wu Pu.]
[Subinclosure.—Translation.]
Regulations for the importation of arms and
ammunition.
- I.
- When any Chinese military or other official authority shall
purchase arms or ammunition, the proper tartar-general, viceroy,
or governor, shall make out an invoice of the goods, giving the
description, number, port of entry, and destination, and shall
telegraph the same to the board of military affairs. After
sanctioning the importation said board shall telegraph both to
the tartar-general, viceroy, or governor, authorizing the same,
and to the superintendents of customs at the ports concerned, to
the effect that they shall examine the
[Page 204]
permit, and if the goods therein described
correspond with the shipment, permission to land the same shall
be granted. The date of entry shall be reported to this
superintendency, which will, in turn, forward the same to the
board of military affairs, for its information.
- II.
- Foreign merchants may import arms and ammunition as samples of
war material, but it shall be the duty of the Chinese military
or other official for whom the samples are intended to
communicate first with the superintendent of customs concerned,
asking for a permit for entry. Then, when the goods have arrived
at the port, and the permit has been shown to the customs
authorities, the goods may be landed. But single permits may not
be issued to include more than two pieces of any one kind of
implement of war, nor more than 1,000 rounds of
ammunition.
- III.
- Any respectable foreign merchant landing in China who may have
among his effects a revolver for defensive purposes will be
permitted to land one such firearm, and not more than 200 rounds
of ammunition. Upon arrival such goods must be declared to the
customs official, who after proper inspection shall pass the
same; but should any attempt at concealment be made the
articles, upon discovery, shall be liable to seizure and
confiscation. Any merchant residing in China and wishing to
purchase arms or ammunition for hunting or protective purposes
only shall, before the arrival of such goods at the port of
entry, request the superintendent of customs at said port,
through his consul, to issue a permit for the landing of such
goods. Upon the arrival thereof and presentation of the permit
to the customs authorities the goods may be landed. No permit
for importation, however, shall be given to cover more than one
hunting gun and 500 rounds of ammunition or under, or one
revolver and not more than 200 rounds of ammunition.
- IV.
- Reputable foreign officials either coming to China or living
therein may import arms for hunting or protection under the same
conditions as merchants, with the difference that the
restriction as to number is removed in their case. Declaration
must be made of the number of firearms and amount of ammunition
and the consul concerned must communicate with the
superintendent of customs and obtain a landing permit. This
being done the goods may be landed.
- V.
- Should the superintendent of customs in any instance find upon
examination that there were reasons why a permit should not be
issued, he may reply to that effect to the consul.
- VI.
- The firearms which it is specified may be imported by foreign
merchants and officials must be either shotguns for sporting
purposes or small-size revolvers intended to be carried on the
person. As for the others—implements of war—these must be goods
sent as samples to Chinese military or other authorities, or
else goods actually purchased by them. When there is clear proof
of this and it has been accepted by the customs taot’ai, such
articles may be allowed entry. But foreigners importing arms for
their own use may not use this provision for purposes of
deceit.
- VII.
- When arms or ammunition are imported at any port of entry it
shall be the duty of the superintendent of customs and the
commissioner to record carefully the name and nationality, where
he is from, the date of entry, and the number of pieces. The
amount of duty levied shall also be registered. A record shall
be kept of all such shipments imported for the use of Chinese
military and civil authorities, showing what garrison or what
bureau purchased the goods, what tartar-general, viceroy, or
governor issued the permit, the number of times such shipments
have been made, and the amount of each one. At the end of the
year this record shall be sent to this superintendency for
inspection and comparison. (The commissioner of customs of each
port will send his report to the inspector-general, who will
forward it.)
- VIII.
- All military firearms or ammunition not purchased by military
or civil authorities shall by virtue of treaty stipulations be
excluded from the country.
- IX.
- All goods imported under clauses II, III, and IV shall pay
duty at the rate of 5 per cent ad valorem.
- X.
- If it is desired to transship at Shanghai arms imported by
foreign merchants or officials for sporting or protective
purposes, the consul concerned must inform the customs
authorities at Shanghai, with the name of the importer and the
size of the consignment. The transshipment will then be
permitted. On arrival at the port of destination, the importer
must, through his consul, procure a landing permit; and if this
is found satisfactory the landing will be permitted.
Issued by the superintendency of customs.
[Page 205]
[Inclosure
2.—Translation.]
The Dean of the Diplomatic
Corps to the Prince of
Ch’ing.
Peking, October 30,
1907.
Your Highness: Under date of September 2,
1907, the Waiwu Pu transmitted the text of the new regulations for
the importation of arms to all the legations.
Following the receipt of the communication, all the chiefs of mission
felt obliged to examine and to discuss this question among
themselves, and they have charged me, in my capacity as dean of the
diplomatic corps, to inform your highness that the new regulations
for the importation of arms and munitions, in the form in which they
have been presented, can not be accepted by the representatives of
the powers in China.
Your highness has already had occasion to observe, in the various
responses that up to the present have been received by the Wai-wu Pu
to the first note addressed to the legations upon this same subject,
dated May 2, 1907, that many objections were raised to the
regulations in question to which the Wai-wu Pu has not given full
consideration.
The new regulations lack clearness in their phraseology, and even
contain contradictions and may give rise, in their enforcement, to
difficulties and discussions which it would be preferable to
avoid.
On behalf of all the chiefs of mission, I have the honor to inform
your highness that the diplomatic corps is disposed to enter,
through my mediation, upon the discussion with the Imperial
Government of the new provisions it wishes to make for the
importation of arms and munitions into China.
It is superfluous to add that all the representatives of the powers
in China are animated by an earnest desire to aid the Chinese
Government in its task, and that they are ready to furnish, as far
as possible, all guarantees that may be desired.
Until some satisfactory agreement shall have been reached, the
diplomatic corps will be obliged if your highness will have the
proper authorities return to the practice which has been in constant
use until the present time, and which also may serve as a basis for
future discussion.