Treaties and Conventions Relating to Tibet
Convention Between Great Britain, China, and Tibet, Simla (1914) [400]
CONVENTION BETWEEN GREAT BRITAIN, CHINA, AND TIBET
SIMLA 1914
Attached to the Anglo-Tibetan Declaration
of 3 July 1914
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Excellency the President of the Republic of China, and His Holiness the Dalai Lama of Tibet, being sincerely desirous to settle by mutual agreement various questions concerning the interests of their several States on the Continent of Asia, and further to regulate the relations of their several Governments, have resolved to conclude a Convention on this subject and have nominated for this purpose their respective Plenipotentiaries, that is to say:
His Majesty the King Of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Sir Arthur Henry McMahon, Knight Grand Cross of the Royal Victorian Order, Knight Commander of the Most Eminent Order of the Indian Empire, Companion of the Most Exalted Order of the Star of India, Secretary to the Government of India, Foreign and Political Department;
His Excellency the President of the Republic of China, Monsieur Ivan Chen, Officer of the Order of the Chia Ho;
His Holiness the Dalai Lama of Tibet, Lonchen Ga-den Shatra Pal-jor Dorje; who having communicated to each other their respective full powers and finding them to be in good and due form have agreed upon and concluded the following Convention in eleven Articles.
Article 1. The Conventions specified in the Schedule to the present Convention shall, except in so far as they may have been modified by, or may be inconsistent with or repugnant to, any of the provisions of the present Convention, continue to be binding upon the High Contracting Parties.
Article 2. The Governments of Great Britain and China recognizing that Tibet is under the suzerainty of China, and recognizing also the autonomy of Outer Tibet, engage to respect the territorial integrity of the country, and to abstain from interference in the administration of Outer Tibet (including the selection and installation of the Dalai Lama), which shall remain in the hands of the Tibetan Government at Lhasa.
The Government of China engages not to convert Tibet into a Chinese province. The Government of Great Britain engages not to annex Tibet or any portion of it.
Article 3. Recognizing the special interest of Great Britain, in virtue of the geographical position of Tibet, in the existence of an effective Tibetan Government, and in the maintenance of peace and order in the neigh bourhood of the frontiers of India and adjoining States, the Government of China engages, except as provided in Article 4 of this Convention, not to send troops into Outer Tibet, nor to station civil or military officers, nor to establish Chinese colonies in the country. Should any such troops or officials remain in Outer Tibet at the date of the signature of this Convention, they shall be withdrawn within a period not exceeding three months.
The Government of Great Britain engages not to station military or civil officers in Tibet (except as provided in the Convention of September�7, 1904, between Great Britain and Tibet) nor troops (except the Agents' escorts), nor to establish colonies in that country.
Article 4. The foregoing Article shall not be held to preclude the continuance of the arrangement by which, in the past, a Chinese high- official with suitable escort has been maintained at Lhasa, but it is hereby provided that the said escort shall in no circumstances exceed 300 men.
Article 5. The Governments of China and Tibet engage that they will not enter into any negotiations or agreements regarding Tibet with one another, or with any other Power, excepting such negotiations and agreements between Great Britain and Tibet as are provided for by the Convention of September�7, 1904, between Great Britain and Tibet and the Convention of April�27, 1906, between Great Britain and China.
Article 6. Article�III of the Convention of April�27, 1906, between Great Britain and China is hereby cancelled, and it is understood that in Article�IX(d) of the Convention of September�7, 1904, between Great Britain and Tibet the term 'Foreign Power' does not include China.
Not less favourable treatment shag be accorded to British commerce than to the commerce of China or the most favoured nation.
Article 7.a. The Tibet Trade Regulations of 1893 and 1908 are hereby cancelled.
b. The Tibetan Government engages to negotiate with the British Government new Trade Regulations for Outer Tibet to give effect to Articles�II, IV and V of the Convention of September�7, 1904, between Great Britain and Tibet without delay; provided always that such Regulations shall in no way modify the present Convention except with the consent of the Chinese Government.
Article 8. The British Agent who resides at Gyantse may visit Lhasa with his escort whenever it is necessary to consult with the Tibetan Government regarding matters arising out of the Convention of September�7, 1904, between Great Britain and Tibet, which it has been found impossible to settle at Gyantse by correspondence or otherwise.
Article 9. For the purpose of the present Convention the borders of Tibet, and the boundary between Outer and Inner Tibet, shall be as shown in red and blue respectively on the map attached hereto.1
Nothing in the present Convention shag be held to prejudice the existing rights of the Tibetan Government in Inner Tibet, which include the power to select and appoint the high priests of monasteries and to retain full control in all matters affecting religious institutions.
Article 10. The English, Chinese and Tibetan texts of the present Convention have been carefully examined and found to correspond, but in the event of there being any difference of meaning between them the English text shall be authoritative.
Article 11. The present Convention will take effect from the date of signature.
In token whereof the respective Plenipotentiaries have signed and sealed this Convention, three copies in English, three in Chinese and three in Tibetan.
Done at Simla this third day of July, A.D., one thousand nine hundred and fourteen, corresponding with the Chinese date, the third day of the seventh month of the third year of the Republic, and the Tibetan date, the tenth day of the fifth month of the Wood-Tiger year.
Initial of the Lonchen Shatra2 A.H.M.
Seal of the Lonchen Shatra Seal of the British
Plenipotentiary
Schedule
1. Convention between Great Britain and China relating to Sikkim and Tibet, signed at Calcutta the 17th March 1890.
2. Convention between Great Britain and Tibet, signed at Lhasa the 7th September 1904.
3. Convention between Great Britain and China respecting Tibet, signed at Peking the 27th April 1906.
The notes exchanged are to the following effect:
1. It is understood by the High Contracting Parties that Tibet forms part of Chinese territory.
2. After the selection and installation of the Dalai Lama by the Tibetan Government, the latter will notify the installation to the Chinese Government whose representative at Lhasa will then formally com municate to His Holiness the titles consistent with his dignity, which have been conferred by the Chinese Government.
3. It is also understood that the selection and appointment of all officers in Outer Tibet will rest with the Tibetan Government.
4. Outer Tibet shall not be represented in the Chinese Parliament or in any other similar body.
5. It is understood that the escorts attached to the British Trade Agencies in Tibet shall not exceed seventy-five per centum of the escort of the Chinese Representative at Lhasa.
6. The Government of China is hereby released from its engagements under Article III of the Convention of March�17, 1890, between Great Britain and China to prevent acts of aggression from the Tibetan side of the Tibet-Sikkim frontier.
7. The Chinese high official referred to in Article 4 will be free to enter Tibet as soon as the terms of Article�3 have been fulfilled to the satisfaction of representatives of the three signatories to this Con vention, who will investigate and report without delay.
Initial of the Lonchen Shatra (Initialled) A.H.M.
Seal of the Lonchen Shatra Seal of the British
Plenipotentiary
Notes
1. Published for the first time by the Government of India in An Atlas of the Northern Frontier of India, 15 January, 1960. Source: Crown-copyright Document, FO�535/17, No.�231, Inclosure�8. 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.
2. Owing to the impossibility of writing initials in Tibetan, the mark of the Lonchen at this place is his signature.
Reproduced from M. C. van Walt van Praag's Status of Tibet: History, Rights and Prospects in International Law. With permission of the author.