Treaties and Conventions Relating to Tibet
Convention Between Great Britain and Thibet (1904) [385]
CONVENTION BETWEEN GREAT BRITAIN AND THIBET
Signed at Lhasa, 7 September, 1904
Whereas doubts and difficulties have arisen as to the meaning and validity of the Anglo-Chinese Convention of 1890, and the Trade Regulations of 1893, and as to the liabilities of the Thibetan Government under these Agreements; and whereas recent occurrences have tended towards a disturbance of the relations of friendship and good understanding which have existed between the British Government and the Government of Thibet; and whereas it is desirable to restore peace and amicable relations, and to resolve and determine the doubts and difficulties as aforesaid, the said Governments have resolved to conclude a Convention with these objects, and the following Articles have been agreed upon by Colonel F.E. Young husband, C.I.E., in virtue of full powers vested in him by His Britannic Majesty's Government and on behalf of that said Government, and Lo Sang Gyal-Tsen, the Ga-den Ti-Rimpoche, and the Representatives of the Council of the three monasteries, Sera, Dre-pung, and Ga-den, and of the ecclesiastical and lay officials of the National Assembly on behalf of the Government of Thibet.
I. The Government of Thibet engages to respect the Anglo-Chinese Convention of 1890 and to recognize the frontier between Sikkim and Thibet, as defined in Article I of the said Convention, and to erect boundary pillars accordingly.
II. The Thibetan Government undertakes to open forthwith trade marts to which all British and Thibetan subjects shall have free right of access at Gyangtse and Gartok, as well as at Yatung.
The Regulations applicable to the trade mart at Yatung, under the Anglo- Chinese Agreement of 1893, shag, subject to such amendments as may hereafter be agreed upon by common consent between the British and Thibetan Governments, apply to the marts above mentioned.
In addition to establishing trade marts at the places mentioned, the Thibetan Government undertakes to place no restrictions on the trade by existing routes, and to consider the question of establishing fresh trade marts under similar conditions if development of trade requires it.
III. The question of the amendment of the Regulations of 1893 is reserved for separate consideration, and the Thibetan Government undertakes to appoint fully authorized Delegates to negotiate with the Representatives of the British Government as to the details of the amendments required.
IV. The Thibetan Government undertakes to levy no dues of any kind other than those provided for in the tariff to be mutually agreed upon.
V. The Thibetan Government undertakes to keep the roads to Gyangtse and Gartok from the frontier clear of all obstruction and in a state of repair suited to the needs of the trade, and to establish at Yatung, Gyangtse, and Gartok, and at each of the other trade marts that may hereafter be established, a Thibetan Agent, who shall receive from the British Agent appointed to watch over British trade at the marts in question any letter which the latter may desire to send to the Thibetan or to the Chinese authorities. The Thibetan Agent shall also be responsible for the due delivery of such communications and for the transmission of replies.
VI. As an indemnity to the British Government for the expense incurred in the dispatch of armed troops to Lhasa, to exact reparation for breaches of Treaty obligations and for the insults offered to and attacks upon the British Commissioner and his following and escort, the Thibetan Government engages to pay a sum of 500,0001.--equivalent to 75 lakhs of rupees--to the British Government.
The indemnity shall be payable at such places as the British Government may from time to time, after due notice, indicate, whether in Thibet or in the British districts of Darjeeling or Jalpaiguri, in seventy-five annual installments of 1�lakh of rupees each, on the 1st January in each year, beginning from the 1st January, 1906.
VII. As security for the payment of the above-mentioned indemnity and for the fulfillment of the provisions relative to trade marts specified in Articles�U, III, IV and�V, the British Government shall continue to occupy the Chumbi Valley until the indemnity has been paid, and until the trade marts have been effectively opened for three years, whichever date may be the later.
VIII. The Thibetan Government agrees to raze all forts and fortifications and remove all armaments which might impede the course of free com munication between the British frontier and the towns of Gyangtse and Lhassa.
IX. The Government of Thibet engages that, without the previous consent of the British Government.
a. No portion of Thibetan territory shall be ceded, sold, leased, mortgaged or otherwise given for occupation, to any foreign Power;
b. No such Power shall be permitted to intervene in Thibetan affairs;
c. No Representatives or Agents of any foreign Power shall be admitted to Thibet;
d. No concessions for railways, roads, telegraphs, mining or other rights, shall be granted to any foreign Power, or the subject of any foreign Power. In the event of consent to such concessions being granted, similar or equivalent concessions shall be granted to the British Government;
e. No Thibetan revenues, whether in kind or in cash, shall be pledged or assigned to any foreign Power, or to the subject of any foreign Power.
X. In witness whereof the negotiators have signed the same, and affixed thereunto the seals of their arms.
Done in quintuplicate at Lhassa, this 7th day of September, in the year of our Lord 1904, corresponding with the Thibetan date, the 27th of the 7th month of the Wood Dragon year.
(Seal of Dalai Lama, affixed by the Ga-den Ti-Rimpoche)
(Seal of Thibet Frontier Commission)
(Seal of British Commissioner)
(Seal of Council)
(Seal of the Dre-pung Monastery)
(Seal of Se-ra Monastery)
(Seal of Ga-den Monastery)
(Seal of National Assembly)
F.E. Younghusband, Colonel,
British Commissioner
In proceeding to the signature of the Convention, dated this day, the Representatives of Great Britain and Thibet declare that the English text shall be binding.
(Seal of Dalai Lama, affixed by the Ga-den Ti-Rimpoche)
(Seal of Thibet Frontier Commission)
(Seal of British Commissioner)
(Seal of Council)
(Seal of Dre-pung Monastery)
(Seal of Se-ra Monastery)
(Seal of Ga-den Monastery)
(Seal of National Assembly)
F.E. Younghusband, Colonel,
British Commissioner
Ampthill,
Viceroy and Governor-General of India
This Convention was ratified by the Viceroy and Governor-General of India in Council at Simla on the llth day of November, A.D. 1904.
S.M. Fraser
Secretary to the Government of India
(Foreign Department)
Declaration Signed by his Excellency the Viceroy
and Governor-General of India on the 11 November, 1904,
and Appended to the Ratified Convention
of 7 September, 1904
His Excellency the Viceroy and Governor-General of India, having ratified the Convention which was concluded at Lhassa on 7th September, 1904, by Colonel Younghusband, C.I.E., British Commissioner for Thibet Frontier Matters, on behalf of His Britannic Majesty's Government; and by Lo-Sang Gyal-Tsen, the Ga-den Ti-Rimpoche, and the Representatives of the Council, of the three Monasteries Sera, Dre,pung, and Ga-den, and of the ecclesiastical and lay officials of the National Assembly, on behalf of the Government of Thibet, is pleased to direct as an act of grace that the sum of money which the Thibetan Government have bound themselves under the terms of Article VI of the said Convention to pay to His Majesty's Government as an indemnity for the expenses incurred by the latter in connection with the dispatch of armed forces to Lhassa be reduced from 75,00,000 rupees to 25,00,000 rupees; and to declare that the British occupation of the Chumbi valley shall cease after the due payment of three annual installments of the said indemnity as fixed by the said Article: Provided, however, that the trade marts as stipulated in Article ][p.I of the Convention shall have been effectively opened for three years as provided in Article VI of the Convention; and that, in the meantime, the Thibetans shall have faithfully complied with the terms of the said Convention in all other respects.
Ampthill,
Viceroy and Governor-General of India
Notes
1. Source for 7 September document: B.F.S.P., 1904-1905, Vol.�98, pp. 148-151.
2. (Source for 11 November document: Crown-copyright document, FO 405/179, Confidential Memorandum Respecting Negotiations for Regulations for Trade between India and Thibet, 31 December 1907, Appendix I. Crown-copyright documents in the India Office Records and the Public Record Office reproduced and/or transcribed in this publication appear by permission of the Controller of Her Majesty's Stationery Office.
Reproduced from M. C. van Walt van Praag's Status of Tibet: History, Rights and Prospects in International Law. With permission of the author.