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29

A.—S

(b.) Any such monopoly or preference as would deprive the nationals of any other Power of the right of undertaking any legitimate trade or industry in China, or of participating with the Chinese Government or with any local authority in any category of public enterprise, or which by reason of its scope, duration, or geographical extent is calculated to frustrate the practical application of the principle of equal opportunity. It is understood that the foregoing stipulations of this Article are not to be, so construed as to prohibit the acquisition of such properties or rights as may be necessary to the conduct of a particular commercial, industrial, or financial undertaking, or to the encouragement of invention and research. China undertakes to be guided by the principles stated in the foregoing stipulations of this Article in dealing with applications for economic rights and privileges from Governments and nationals of all foreign countries, whether parties to the present Treaty or not. Article IV. The contracting Powers agree not to support any agreements by their respective nationals with each other designed to create spheres of influence or to provide for the enjoyment of mutually exclusive opportunities in designated parts of Chinese territory. Article V. China agrees that throughout the whole of the railways in China she will not exercise or permit unfair discrimination of any kind. In particular there shall be no discrimination whatever, direct or indirect, in respect of charges or of facilities on the ground of the nationality of passengers, or the countries from which or to which they are proceeding, or the origin or ownership of goods, or the country from which or to which they are consigned, or the nationality or ownership of the ship or other means of conveying such, passengers or goods before or after their transport on the, Chinese railways. The contracting Powers, other than China, assume, a corresponding obligation in respect of any of the, aforesaid railways over which they or their nationals are in a position to exercise any control, in virtue of any concession, special agreement, or otherwise. Article VI. The contracting Powers, other than China, agree fully to respect. China's rights as a neutral in time of war to which China, is not a party ; and China declares that when she is a neutral she will observe the obligations of neutrality. Article VII. The contracting Powers agree that whenever a situation arises which in the opinion of any one of them involves the application of the stipulations of the present Treaty, and renders desirable, discussion of such application, there shall be full and frank communication between the contracting Powers concerned. Article VIII. Powers not signatory to the present Treaty, which have Governments recognized by the signatory Powers and which have treaty relations with China, shall be invited to adhere to the present Treaty. To this end the Government of the United States will make the necessary communications to non-signatory Powers, and will inform the contracting Powers of the replies received. Adherence by any Power shall become effective on receipt of notice thereof by the Government of the United States. Article IX. The present Treaty shall be ratified by the contracting Powers in accordance, with their respective constitutional methods, and shall take effect on the date of the deposit of all the ratifications, which shall take place at Washington as soon as possible. The Government of the United States will transmit to the other contracting Powers a certified copy of the proces-verbal of the deposit of ratifications. The present Treaty, of which the French and English texts are both authentic, shall remain deposited in the archives of the Government of the United States, and duly certified copies thereof shall be transmitted by that Government to the other contracting Powers. In faith whereof the above-named Plenipotentiaries have signed the present Treaty. Done at the City of Washington, fife sixth day of February, one thousand nine hundred and twenty-two. Charles Evans Hughes. [l.s.] V. K. Wellington Koo. [l.s.J Henry Cabot Lodge. [l.s.] Chung-Hui Wang. [l.s.] Oscar W. Underwood. [l.s.] A. Sarraut. [l.s.] Elihu Root. [l.s.] Jusserand. [l.s.] Baron de Cartier de Marchienne.[l.s.J Carlo Schanzer. [1.5.) Arthur James Balfour. [l.s.] V. Rolandi Ricci. [l.s.] ■ Lee of Fareham. [l.s.] Luigi Albertini. [his.} A. C. Geddes. [l.s.] T. Kato. [l.s.] . R. L. Borden. [l.s.] K. Shidehara. [l.s.] G. F. Pearce. [l.s.] M. Hanihara. [l.s.] John W. Salmond. [l.s.] Beelaerts van Blokland. [l.s.] Arthur James Balfour. [l.s.] W. de Beaufort. [l.s.] V. S. Srinivasa Sastri. [l.s.] Alte. [l.s.] Sao-Ke Alfred Sze. [l.s.] Ernesto de Vasconcellos.[l.s.]

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