THE NEW ZEALAND GAZETTE. 1021

reply to that communication, in which I have expressed
my concurrence.

so forward as other countries, yet it is her duty to
overlook her subjects in foreign countries, and to
prevent, as far as possible, disputes and disturbances
from arising. Last year, whilst on my way to
England, I passed through Singapore, and during an
interview which I had with Mr. Ho-ah-Kay, I dis-
cussed with him local matters. As a result of this
conversation I asked your Lordship to consent to his
appointment as Consul.

I have also learned from the newspapers that
within the last few months the Chinese residing in
Australia have had frequent disputes, but I have
refrained from troubling your Lordship about this
matter, because I am not familiar with all the cir-
cumstances. It would seem, however, that a Resi-
dent Consul is also required there, in order that it
may be discovered what is advantageous to the
Chinese and what is against their interests, and dis-
turbances prevented.

This appointment would promise to be a favourable
measure. As the accredited Minister of China I
cannot but draw your Lordship's attention to these
matters, which, in my judgment, ought to be at-
tended to.

I beg your Lordship to favour me with a reply at
your earliest convenience.

I have, &c.,
KUO SUNG-TAO.

The Right Hon. the Earl of Derby, &c.

I have to request that you will furnish me with the
views of your Ministers with reference to the appoint-
ment of a Chinese Consul in the colony under your
Government.

I have, &c.,
M. E. HICKS BEACH.

The Officer Administering the Government
of New Zealand.

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, 18th March, 1878.

SIR,-I am directed by the Earl of Derby to trans-
mit to you, to be laid before Her Majesty's Secretary
of State for the Colonies, the accompanying copy of
a letter from the Chinese Minister at this Court,
relative to the question of the appointment by the
Emperor of China of Consuls to reside in various
parts of the Queen's dominions, and also a draft of a
proposed reply to that communication. I am to
request that you will move Sir Michael Hicks Beach
to favour Lord Derby with his views upon the subject
of the Chinese Minister's letter, and especially with
reference to the appointment of Chinese Consuls in
the Australian Colonies.

I am, &c.,
JULIAN PAUNCEFORT.

The Under Secretary of State, Colonial Office.

The CHINESE MINISTER, London, to the Earl of
DERBY.

Chinese Legation, 2nd January, 1878.

MY LORD,-I had the honor, on the 23rd July last,
to receive a despatch from your Lordship, relative to
the proposed appointment of a Chinese Consul at
Singapore, and stating that (whilst there was no
objection to the present appointment) the mainte-
nance of the post of Chinese Consul, should a vacancy
occur at any future time, must be regarded as an
open matter.

Upon the receipt of this communication I reported
its contents to the Chinese Isungly Yamên. To my
report a reply has now been received. The Yamên
observes that China now seeks for the first time to
establish Consulates in England, and that according
to your Lordship's despatch it would seem that China
has not the independent power permanently to es-
tablish these Consulates.

In China, when any foreign country wishes to
establish a Consulate, the Yamên, upon the receipt of
a representation to that effect from the Resident
Minister, immediately issues all the necessary notifi-
cations. If, then, when China wishes on her part
likewise to establish Consulates in foreign countries,
she can only do so temporarily, and not permanently,
it would seem as if she were unfairly treated. I am,
therefore, instructed to make to your Lordship a
representation on the subject.

According to international law, each country is
permitted to appoint Consuls to protect the interest
of its nationals residing in other countries, and to
assist in the settlement of disputes between them and
the natives of those countries. China, up to the
present, had not established Consulates, but as she
has now appointed a Resident Minister in England,
she must in all matters be guided by international
law. In the treaties which China has exchanged
there is no mention made of the establishment of
Consulates, nor is there any either made of the
appointment of Resident Ministers. The appoint-
ment of Ministers and the establishment of Consuls,
therefore, should not be regarded in different lights,
but should be governed by the same conditions.

I would also add that, although China hitherto in
the administration of commercial affairs has not been

(Copy.-Draft.)

Foreign Office, March, 1878.

SIR,-I have had under my consideration your
letter of the 2nd January, relative to the question of
the appointment by the Emperor of China of Consuls
to reside in various parts of the Queen's dominions,
and I have now the honor to make certain observa-
tions thereupon.

You state that according to international law each
country is permitted to appoint Consuls to protect
the interests of its nationals residing in other coun-
tries, and to assist in the settlement of disputes
between them and the natives of those countries;
but I would remind you that in the present instance
the question is not one of international law, because
the relations of China with the rest of the world are
not founded on the comity of nations, but are the
result of peculiar and exceptional treaty stipulations.
China, unlike Great Britain and the other Treaty
Powers, has not thrown open her country to foreigners
and to foreign commerce, and she can hardly, there-
fore, appeal to the example of European nations in
applying for the concession now sought.

With reference to that portion of your letter in
which you say that "in the treaties which China has
exchanged there is no mention made of the estab-
lishment of Consulates, nor is there any either made
of the appointment of Resident Ministers," I have
to point out to you that while special provision is
made by Articles II. and VI. of the Treaty of 1858
between Great Britain and China for the appoint-
ment of a Chinese diplomatic representative at this
Court, no stipulation is contained therein for the ap-
pointment of Chinese Consuls.

Nevertheless, Her Majesty's Government, in con-
senting to the appointment of a Chinese Consul at
Singapore, have shown a disposition to meet the
wishes of the Imperial Government so far as they
can properly do so, having regard to all the con-
siderations involved; but I think it right to impress
upon you that, whether at Singapore or elsewhere in
Her Majesty's dominions, the fact of a large Chinese
population being resident there will in no way entitle
a Chinese Consul to other or larger powers than
are conceded to the Consul of any other nationality.