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China- France convention respecting the Delimitation of the Frontier between China and Tokin (1887)

NB: It has been seen numerous times, especially in some dated "research" articles from Chinese scholars as well as Western scholars who make use of Chinese sources in their writings on the South China Sea conflict, that the 1887 Convention between China and France regarding boundaries between the two countries is used to justify China's claims over the Paracel and Spratly Islands. While this convention only resolves the boundary issue in the vicinity of the Gulf of Tonkin, and may be clearly seen in the very title of the Convention itself, numerous Chinese scholars extend the line of division well past the Gulf of Tonkin into the South China Sea to justify why China should have rights to the above mentioned archipelagoes. Many Western scholars who are not knowledgeable on the details of the history surrounding this issue also follow suit and cite the Convention in their discussion on the conflict. It is because of this great error that this Convention should be looked at in its full text to determine its "irrelevance" to the conflict taking place over the Spratly and Paracel Islands sovereignty issue. An analysis debunking the use of the Convention in arguments by Chinese and Western scholars has also been made by Dr. Dang Tu Minh Thu in the article "Sovereignty over Paracel and Spratly Islands: Analyzing the Viewpoints of Vietnam and China".

Convention between China and France respecting the Delimitation of the Frontier between China and Tonkin.

Whereas the Commissioners appointed by the President of the French Republic and His Majesty the Emperor of China, pursuant to Article 3 of the Treaty of June 9,1885, for the purpose of recognizing the boundary between China and Tonkin have now completed their work;

Mr. Ernest Constans, Deputy, former Minister of the Interior and Worship, Commissioner of the Government, and special envoy of the French Republic, and His Highness Prince King, prince of the second rank, President of the Tsoung-li Yamen[1], assisted by His Excellency Souen-Yu Quen, member of the Tsoung-li Yamen, and First Vice President of the Ministry of Public Works; Acting in the name of their respective Governments, have decided to record herein the following provisions for the official delimitation of the aforesaid boundary:

1. The reports, maps, and annexes prepared and signed by the French and Chinese representatives have been approved.

2. The points on which the two commissions had been unable to reach agreement and the amendments referred to Article 3(2) of the treaty of June 9, 1885 have been decided as follows:

At Kouang-Tong the disputed points located east and northwest of Monkai, beyond the boundary determined by the delimitation commission, are awarded to

China

. The islands east of the Paris meridian 105°43’ east longitude, that is, of the north-south line that passes through the eastern point of the island of Tch’a Kou or Ouan-chan (Tra-co) and forms the boundary, are also awarded to China. The Gotho and other islands located west of this meridian belong to

Annam

. Chinese guilty of or charged with crimes or offenses who seek refuge in the islands shall, in accordance with the provisions of Article 17 of the Treaty of April 25,1886, be sought, arrested, and extradited by the French authorities.

On the Yunnan boundary the line of demarcation run as follows:

From Keou-teou-tchai (Cao-dao-trai) on the left bank of the Siao-tou-tcheou-ho (Tien-do-chu-ha), point M on the map of the second section, the line of demarcation runs for 50 lis (20 kilometers) directly west-east, leaving to China the localities Tsuikiang-choo or Tsui-y-cho (Tu-nghia-xa), Tsui-me-cho (Tu-mi-xa), Kiang-fei-cho or Y-feicho (Nghia-fi-xa), which are north of that line, and to Annam the locality Yeou-p’ong-cho (Hu-bang-xa), which is south of that line, up to the points marked P and Q on the attached map where the line crosses the two branches of the second right-hand tributary of the Hei-ho (Hac-ha) or the Tou-tcheou-ho (Do-chu-ha).

From point Q the line proceeds southeast for about 15 lis (6 kilometers) to point R, leaving to China the territory of Nan-tan (Nam-don) north of point R.

From point R the line runs northeast to point S, following the direction taken on the map by the line R-S, the course of the Nanteng-ho (Nam-dang-ha) and the territories of Man-mei (Man-mi), Meng-tong-changts’oun (Muang-dong-troung-thon), Mong-toung-chan (Muong-dong-son), Meng-toungtchoung-ts’oun (Muong-dong-troung-thon), and Meng-toung-chia-ts’ou (muong-dongha-thon) remaining as part of Annam.

From point S (Meng-toung-chia-ts’oun or Mung-dong-ha-thon) the boundary follows the middle of the Ts’ing-chouei-ho (Than thuy ha) to its confluence with the Clear River at T.

From point T the boundary follows the middle of the Clear River to point X at Tch’ouan’teou (Thuyen dan).

From point X it runs north to point Y and passes through Paiche-yai (Bach-thachgiai) and Lao-ai-K’an (Lao-hai-kan), leaving the eastern half of those two localities to Annam and the western half to

China

.

From point Y, the boundary runs north along the right bank of the small left-hand tributary of the Clear River, converging with the river between Pien-pao-kia (Dien-baokha) and Pei-pao (Bac-bao) and continuing thence to Kao-ma-pai (Cao-ma-bach), point Z, where it connects with the line of the third section.

From Long-po-tchai (fifth section) the common boundary between Yunnan and

Annam

follows the course of the Long-po-ho to its confluence with the Ts’ing-choueiho, marked A on the map.

From point A it moves in the general northeast-southwest direction to the point marked B on the map, where the Mien-chouei-ouan flows into the Sai-kiang-ho, leaving the course of the Ts’ing-chouei-ho on the Chinese side of the boundary.

From point B the boundary runs east-west to point C where it meets the Teng-tiaotchiang below Ta-chou-tchio. Everything south of this line belongs to Annam and everything north of this line belongs to

China

.

From point C the bondary moves south following the middle of the Teng-tiao-Tchiang River to its confluence at point D with the Tsin-tse-ho.

The line then follows the Tsin-tse-ho for approximately 30 lis and continues in an east-west direction to point D [sic] where it meets the small stream that empties into the Black River (Hei-tciang or Hac-giang) east of the Meng-pang trough. The middle of this stream serves as the boundary from point E to point F.

From point F the middle of the Black River serves as the west boundary.
The local Chinese authorities and the agent appointed by the Resident General of the French Republic at Annam and Tonkin will be instructed to mark the boundaries in accordance with the maps drawn and signed by the Commission of Delimitation and with the boundary line described above.

Attached hereto are three maps in two copies signed and sealed by both parties.
On the maps the new boundary is drawn in red and indicated on the maps of Yunnan with the letters of the French alphabet and the Chinese cyclic characters.

Done at Peking in two copies on June 26, 1887.Constans

(Seal of the Legation of France at Peking)(Signature and seal of the Chinese plenipotentiary)

(Souce: Excerpt from INTERNATIONAL BOUNDARY STUDY
No. 38 - 29 October 1964 CHINA–VIETNAM BOUNDARY
http://www.law.fsu.edu/library/collection/LimitsinSeas/IBS038.pdf )