o CORNELL UNIVERSITY LIBRARY THE WASON COLLECTION THIS BOOK IS THE GIFT OF Dorothy & Millard Straight JX 9261904a" """'""">' '■"'™^^ ^™Nl'Si SSffiiN tei „3a™enients, ordin 3 1924 023 464 302 All books are subject to recall after two weeks Olin/Kroch Library DATE DUE IBM- -JTiAijaafl Kf hitetibrary laan PRINTED IN U.S.A. L#^ Cornell University Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924023464302 DATE DUE l(Viw mMHII^^i I^MHnkMBiA^ '-C d^ CAVLORD PNINTCDINU S.A. DEPARTMENT OF STATE DIVISION OF FAR EASTERN AFFAIRS Information Series No. 4-A TREATIES, CONVENTIONS, AGREEMENTS, ORDINANCES, Etc. RELATING TO CHINA AND KOREA (October, 1 904-January, 1908) BEING A SUPPLEMENT TO ROCKHILL'S TREATIES AND CONVENTIONS WITH OR CONCERNING CHINA AND KOREA. 1894-1904 COMPILED BY W. W. ROCKHILL Envoy Extraordinary and Minister Plenapotentiary to China (Distributed April — , 1 908, to the Embassies at Berlin, London, Paris, Rome St. Petersburg, Tokyo, and Vienna, and to the Legations at Brussels ' Copenhagen, The Hague, Lisbon, Madrid, and Peking) WASHINGTON GOVERNMENT PRINTING OFFICE 1908 /f '-1 ' n '^'} > 1-' 1^ TABLE OF CONTENTS. Treaties, Oonventions, Agreements, Ordinances, etc. PART I.— RELATING TO CHINA. No. Country and title. Page. IS 18 23 China: Control of the Customs ! Reorganization ol the Manohurian Provinces Regulations ior collection ol duty on native and foreign goods shipped to new ports in Manchuria. International — China and the Powers Signatory to the Protocol of 1901— Diplomatic Notes making final Settlements of question of Indemnity stipulated in final Protocol of Septem- ber 7, 1901. New arrangement for the Conservancy of the Huangpu-. Prance: Prance and Great Britain- Agreement between certain British Corporations, Prench Capitalists, and the Chinese Central Rail- way, for construction of, Tientsin-Pulcou and Han- tow-Ohengtu Railway. Prance and Japan — Pranco-Japanese arrangement signed at Paris Prance and the United States. (See United States.) Ciermany: • Germany and China — Establlslnment of Maritime Customs OfBce at Tsingtao — Regulations for Kiaochow-Tsinanfu Railway Kiaochow Customs: Rules for inland steam Navigation, Amendment to Agreement concerning the Establish- ment of a Customs House in Tsingtao. German Ordinance — Regulating Customs Procedru-e in Kiaochow Germany. Great Britain and China — Loan Agreement between Tsungli Yamen, Hongkong and Shanghai Banking Corporation, and Deutsch- Asiatische Bank. Tientsin-Pukou Railway Agreement Germany and the United States. (See United States.) Great Britain: Great Britain and China- Agreement for Transfer of Peking-Shanhaikuan Rail- way to Chinese Civil Administration. Additional Agreement Respecting Management of Northern Railways and Building of Branches. Convention Respecting Employment of Chinese Labor in British Colonies and Protectorates. Convention Respecting Junction of Chinese and Bur- mese Telegraph Lines. Loan Agreement for Recovery of Canton-Hankow Railway Contract. Convention Respecting Tibet - Agreement between the Waiwupu and the British and CUuese Corporations for Loan for Construction of Oanton-Kowloon Railway. Great Britain and Prance. (See Prance.) Great Britain and Germany. (See Germany.) Great Britain and Japan— Anglo-Japanese Agreement Great Britain and Russia- Convention relating to Persia, Afghanistan and Tibet Great Britain and the United States. (See United States.) May 9, 1906—. Apr. 20, 1907.. Nov. 20, 1907. July 2, 190.3— Sept. 27, 1907. Oct. 2, 190.5_.. June 10, 1907- Apr. 17, 1899., Mar. 21, 1900-. Apr. 17, 1904 -. Dec. 1, 1905 — Dec. 2, 1905 -. Mar. 20, 1896.. -. t-X Jan. 13, 1898.. Apr. 29, 1902 rto.._ May 13, 1904 Peking, May 23, 1905 Effective Oct. -6, 1905 Peking, Apr. 27, 1906 Mar. 7, 1907. Signed at London, Aug. 12, 1905. Aug. 31, 1907 13 14 16 20 ■ 24 32 38 44 46 50 72 75 77 84 91 98 111 115 TABLE OF CONTENTS. Treaties, Conventions, Agreements, Ordinances, etc. — Continued. PART I.— RELATING TO CHINA— Continued. No. Country and title. Date. 29 Japan: Japan and Ohlna— Agreements Ooncemlng Rendition of Niuchwang to Oblna. Treaty and Additional Agreement Relating to Manchuria. Summary of Secret Protocols of Peking Treaty (Receiyed from the Japanese I'oreign Office by the American legation at Tokyo.) Convention Regarding Hslnmin-Mukden and Kirln- Ohangchun Railways. Agreement for Establishment of a Maritime Customs Office at Dairen and for Inland Steam Navigation. Japan and Prance. (See Prance.) Japan and Great Britain. (See Great Britain.) Japan and Russia — Protocol of Armistice Nov. 9, 1908, and Dec. 5, 1908. Dee. 22, 1906 do Treaty of Peace- Convention Arranging for Connection of Railways In Manchuria, and Protocol. Convention of July 30, 1907 Treaty of Commerce and Navigation, and Separate Articles. Protocol to Treaty of Commerce and Navigation Diplomatic Notes Relating to Separate Articles of Treaty of Commerce and Navigation. Pisherles Convention Protocol to Fisheries Convention Declarations Respecting Pisherles Convention Protocol Relating to Certain Japanese and Russian Consulates. Japanese Ordinances and Regulations- Sanctioning Organization of South Manchuria Rail- way Joint Stock Company. Order Concerning South Manchuria Railway, and Ar- ticles of Incorporation. Extracts from Japanese Ordinances Relating to the Government General of KuantUng. Regulations for Vessels Sailing to and from Dairen Regulations for Control tt Residence in Kuantung Portugal: Portugal and China- Treaty of Commerce Russia: Russia and China- Agreement Concerning Southern Manchurlan Branch of Chinese Eastern Railway. First Supplement to Charter of the Chinese Eastern Railway— 1899. Agreement for Mining of Coal in Heilungchiang._ Agreement Concerning Kirln-Ohahgchun Branch Railway Convention for Rendition of Shanhaikuan-Hsinmin Railway to Ohlna. Regulations for EstabUshment of Custom Houses in North Manchuria. Russia with Great Britain. (See Great Britain.) Russia and Japan. (See Japan.) Russia and United States. (Sec United States.) Russian Ukase- Creating Imperial Lieutenancy of the Par East United States of America: United States and Belgium — Agreement by Exchange of Notes for Protection of Trade-Marks In China. United States and Denmark- Agreement by Exchange of Notes for Protection of Trade-Marks in China. United States and Prance— A^eement by Exchange of Notes for Protection of Trade-Marks In China. United States and Germany— Ageement by Exchange of Notes for Protection of Trade-Marks in China. United States and Great Britain- Agreement by Exchange of Notes for Protection of Trade-Marks In China. Peking, Apr. 15, 190r. Peking, May 30, 1907. Portsmouth, Sept.l, 1905. Signed at Ports- mouth, Sept. 6, 1905. St. Petersburg, June 13, 1907. July 28, 1907- -do_ -do- do do June 18, 1907_. July 28, 1907-, June 7, 1906-. Aug. 1, 1908- July 31, 1908; amend- ed Jan. 10, 1908. Sept. 1, 1906 do Nov. 14, 1904- July 7, 1898-.. Jan. 14, 1902 - July 24, 1902 — Sept. 2a, 1902, Oct. 7, 1P07 July 80, 1903- Nov. 27, 1906, and Jan. 23, 1906. Mar. 19, 1907, and June 12, 1907. Oct. 3, 1905, and Jan. 22, 1906. Deo. 6, 1905, and Jan. 22,1906. June 28, 1905 131 137 141 144 161 162 172 173 175 179 184 186 187 190 203 211 214 226 230 234 237 240 245 247 249 252 254 267 TABLE OF CONTENTS. Treaties, Conventions, Agreements, Ordinances, etc. — Continued. PAET I.— RELATING TO CHINA— Continued. No. Country and title. Date. Page. United States ot America— Oontiuued. United States and Italy- 68 Agreement by Exchange of Notes for Protection ot Dee. 18, 1905. Jan. 22, 259 Trade-Marks in China. 1906. United Stat^ and The Netherlands- 5tf Agreement by Exchange of Notes for Protection of Oct. 23, 1905, and 261 Trade-Marks in China. Jan. 22, 1906. United States and Eussia— 6U Agreement by Exchange of Notes for Protection of Tl-ade-Marks in China. June 28, 1006 264 PART II.— RBIvATING TO KOREA. 62 Japan: Japan and Korea — Agreement Concerning Diplomatic and Pinancial Ad- visers. Agreement for the Transfer of Postal, Telegraph, and Telephone Services. Agreement Concerning CoastT^lse and Inland Naviga- tion of Korea. Convention Providing for Control by Japan of Ko- rean Foreign Rlelations. Agreement for Exploitation of Porests In Talu and Ttunen Regions. Convention Concerning Administrative Reform Japanese Ordinances — Establishing Residences General and Eeaidenees in Korea- Organization of Residency General Organization of Communication Offices of Residency General. Salaries and Allowances of Officials of Residency Gen- eral and Residencies. The Judiciary in Korea < Korea: Korean Mining Law Detailed Regulations for Enforcement of Mining Law Korean Emigration Law Imperial Edict: Abdication of the Emperor isla: Russia and Korea — Timber Concession on the Tumen and Talu Rivers APPENDIX. List of Documents Omitted from this Compilation. Aug. 22, 1904 269 Apr. 1, 1905- 271 Aug. 13, 1906- 274 NoT. 17, 1905 - 276 Oct. 19, 1906 278 July 24, 1907 280 Nov. 22, 1905 Dec. — , 1905 Dee. 20, 1905. „— 281 282 287 . ..do 290 July 3, 1906 r - 294 June 29, 1908- July 28, 1906 July 12, 1908 July 18, 1907 296 301 308 311 Aug. 29, 1906 312 Part I. REL^TIISra TO CHi:t^i^, CHINA. I^O. 1. CHTN^A. CONTROL OF CHINESE CUSTOMS. Imperial Edict appointing High Commissioners of Customs. Issued May 9th, 1906. [Translation.] Tieh Liang, President of the Board of Eevenue, is appointed Impe- rial High Commissioner of Customs, and T'ang Shao-yi is appointed Imperial Vice-Commissioner of the same. All Chinese and foreign employees of the said Customs are to be under the control and direction of the above-named High Commis- sioners. On June 1st, 1906, Prince Ch'ing, President of the Wai-wu Pu addressed to the British Charge d' Affaires, Mr. Carnegie, the follow- ing note: SlE, I had the honour to inform you in a note of the 27th May that the special appointment by China of High Commissioners for the exclusive control (or management) of the Maritime Customs made no change in the mode of administration laid down in the Loan Agreements. At an interview at the Wai-wu Pu on the 28th May you intimated that the terms of this note were not sufficiently explicit as to China's intentions, and requested a further statement in the matter. In the 7th article of the ^^oan Agreement of 1896 and in the 6th article of the Loan Agreement of 1898 it is stipulated " that the administration of the Chinese Imperial Maritime Customs shall re- main as ait present constituted during the currency of this loan," and I have the honour to state that the Imperial Decree of the 9th May specially appointing High Commissioners to control (or manage) revenue affairs does not make any change in the method of adminis- tration laid down in the Loan Agreements. While communicating the above to you, for the information of His Majesty's Government, I avail, etc." " See British Parliamentary paper, Olaim No. 1 {1906), p. 3. 10 CHINA. On October 30th, 1906, the Inspector General of Customs issued the following circular (No. 1381 second series) for the general infor- mation of his service : Inspectorate General of Customs, Peking, 30th October, 1906. Sir, 1.— In continuation of Circulars Nos. 1339, 1361, and 1369 : Concerning the Customs Edict of the 9th May last, I now append copy of a Notification to-day issued for general information respect- ing the declaration already circulated for Service purposes to the effect that the transfer of Customs control from the Wai-wu Pu to the Shin-wu Ch'u leaves Customs procedure and Service relations as before. 2. — You will note that the publication of Circular No. 1369 is ordered by the Wai-wu Pu and that the declaration in question has been duly recorded there. I am, etc., Robert Hart, Inspector General. [Enclosure.] NOTIFICATION. Inspectorate General of Customs and Posts, Peking, 30th Octoher 1906. A Circular having been issued on the 22nd ultimo, \mder instruc- tions receiA'ed from Their Excellencies the Shui-wu Ta-ch'en, inform- ing the members of the Customs Service that the transfer of control from the Wai-wu Pu to the Shui-wu Ch'u would not entail changes in relations or procedure generally, that Circular is now published (English and Chinese) by order of the Wai-wu Pu, transmitted through the Shui-wu Ch'u, accompanied by the despatches therewith connected {A, B, and C). A. — Inspector General to Shui-wu Ta-ch'en. [Translation.] In connexion with the transfer of Customs control to the Shui-wu Ta-ch'en, I had the honour to receive Your Excellencies verbal direc- tions on the 22nd September to issue instructions, in accordance with the draft submitted, for the information and guidance of the Com- missioners of Customs, to the effect that the procedure is to continue in every respect as hitherto. I accordingly issued a Circular to all the ports embodying those instructions, and now beg to enclose two copies of the same for record. 12th October 1906. CHINA. 11 B. — CiHCtiLAK No. 1,369 OF THE 22nd September 1906. (Circular No. 1,369. — Second Series.) Inspectorate General of Customs, Peking, Mnd September 1906. Sir, Circulars Nos. 1,339 and 1,361 acquainted you with the establish- ment and opening of a separate and special office to deal with Cus- toms affairs. The Inspectorate, which had hitherto functioned in and under the Tsungli Yamen and Wai-wu Pu, was thereon accord- ingly instructed to report henceforth to, and take its orders from, the new department, the Shui-wu Ch'u. The two Ta-ch'en ap- pointed to control the Shui-wu Ch'u, Their Excellencies T'ieh Liang and T'ang Shao-i, explained to me on two separate occasions, on the 12th and 15th May, that work was to proceed as before, and they now authorise me t'o circulate this intimation as an order for the information of the Service generally. While the Inspector General will have the same relations with the Shui-wu Ch'u that he had with the Wai-wu Pu and his duties continue to follow the same general lines. Commissioners and port staff will also continue to work just as before and remain in the same relation to the Inspector Gen- eral. Further, seeing that this explanation should dispel apprehen- sions expressed since the appearance of the Customs Edict on the 9th May, the members of the Service are to avoid originating or circu- lating, whether by mouth or pen, disturbing rumours and hypo- thetical fears calculated to provoke public comment to no useful pur- pose but which may do more harm than good as affecting the dignity of the Chinese Government. The Maritime Customs worked satis- factorily, efficiently, and usefully in the past, and the Chinese Gov- ernment has been considerate and liberal in its dealings with its for- eign employes: it is not intended to change such treatment, and it is expected that Service contentment and efficiency will march hand in hand with its continuance. I may add that this Customs Cir- cular has been submitted to and approved of by the Shui-wu Ta-ch'en before issue. I am. Sir, Your obedient Servant. (Signed.) Robert Hart, Inspector General. C. — Shui-wtj Ta-chen to Inspector General. [Translation.] We have to acknowledge your despatch of the 12th October, stating that in connection with the transfer of Customs control you had received our verbal directions on the 22nd of September to issue 12 CHINA. instructions, in accordance with the draft submitted, for the informa- tion and guidance of the Conunissioners of Customs, to the effect that the procedure is to continue in every respect as hitherto, and that, having issued a Circular to all the ports embodying those instructions, you now forwarded two copies of the same for record. We thereon sent one copy, with a Chinese version, to the Wai-wu Pu, and have received a reply stating that the contents of the Cir- cular have been duly noted, and that you are to be instructed to pub- lish the same in the " Customs Gazette," for the general information of all officials concerned: you will therefore act according^. 30th October 1906. Note. — See also British Parliamentary paper, China No. 2 (1906). CHINA. 13 ]sro. 2. CHLtfA. REORGANIZATION OF THE MANOHURIAN PROVINCES. Imperial Edict of April 20, 1907. [Translation.! The government of the Three Eastern Provinces (Manchuria) has become antiquated, and the condition of the people is one of poverty. It becomes urgently necessai'}^ therefore to conscientiously undertake a thorough reorganization of these provinces to get rid of long-stand- ing abuses, and to define the responsibilities of officials. The Tartar Generalship of Shengking is hereby changed to the Viceroyship of the Three Manchurian Provinces, and to this post are added the functions of the Tartar Generals of these three prov- inces. The incumbent of the post will have an office in each of the three provinces and reside in each of them in turn. The post of Governor is created in each of these three provinces; Feng-t'ien (Mukden), Kirin, and Hei-lung-chiang, to assist in the administration of the government. Hsu Shih-ch'ang is hereby appointed to the post of Viceroy of the Three Manchurian Provinces with the added powers of Tartar Gen- eral of the three provinces, and is also made a High Commissioner of the Imperial Government. Tong Shao-i is appointed Governor of Feng-t'ien (i. e. Mukden), Chu Chia-pao Acting Governor of Kirin, and Tuan Chih-kuei is given the rank of a Provincial Treasurer, and made Acting Governor of Hei-lung-chiang (Amur). The said Viceroys and Governors, having thus been placed in charge of these important provinces, ought to exercise great care in all their planning and in the exercise of their functions, disregard- ing the importunities of friends and unmindful of enmities and hard- ships, giving thorough consideration to all their duties and taking them up in orderly succession, so that thus they may fulfill the trust confided to them. As to the additional offices which may need to be created, let the aforesaid Viceroy and Governors take the matter into consideration and report to US. 14 CHINA. N^o. 3. CHINA. EXPERIMENTAL RBGUIiATIONS FOR THE COLLECTION OF DUTY ON NATIVE AND FOREIGN GOODS SHIPPED TO THE NEW PORTS IN MANCHURIA. November 20, 1907. [Translation.] I. All foreign goods which have paid the regular import duty at Tientsin, New-chwang, Antung, or Dalny, as well as all native goods which have paid the coast- trade half- duty (except such as may be sent into the interior either under transit pass or by paying lilrin, as may still be done at the discretion of the owner and under the old regulations) and which are intended for transshipment to any of the newly opened ports in Manchuria, will be given a special certificate exempting them from the payment of further duty, and this is irre- spective of how such goods are to be transshipped to their destination. This special certificate will be stamped in accordance with regula- tions, and will be good for two months only. Whenever such certificates are applied for, a signed declaration must be presented showing to what port the goods are consigned, and stating that in case evidence of the arrival of the goods in the port mentioned is not forthcoming within the two months limit, the ap- plicant will be willing to forfeit three times the amount of the half- duty. In order to avoid the trouble of preparing a guarantee on each occasion, however, it will be permissible to draw up a bond of a similar nature which will hold for a year, and to deposit the same in the Customs-house. Such bond, if presented by a foreigner, must be sealed by a consular officer, and if presented by a Chinese, must be sealed by the Commissioner of Customs. If a yearly bond is not furnished, then a signed declaration made for each shipment will suffice. The forms for these bonds and declarations shall be deter- mined upon by the Imperial Maritime Customs. OHINA. 15 n. In all cases where goods are shipped to the newly opened ports under special certificate, such goods must correspond exactly with the declaration. In case of any discrepancy or of the shipment of any goods not on the declaration, not only will the Customs-house where such declara- tion was made collect a fine amounting to three times the half-duty levied upon the entire shipment, but the goods which have been shipped to the newly opened port will there be confiscated. 16 CHINA. No. 4. INTEKNATIONAL. DIPLOMATIC NOTES, MAKING FINAL SETTLEMENT OF QUESTION OP INDEMNITY STIPULATED IX FINAL PROTOCOL OF SEPTEMBER 7, 1901. [Translation from the original French.] Peking, £nd July, 1905. His Excellency, Mr. Eockhill, Minister of the United States of America. Me. Minister: We have the honor to enclose herewith copies of two" notes which have been exchanged by the Representatives of the undersigned Powers and the Chinese Government with the object of nialdng a final settlement of the question of the indemnity stipulated in the Final Protocol of 7th September, 1901. We would be obliged if Your Excellency would inform us if the Government of the United States of America accepts the proposals of the Chinese Government as stated in these documents. Please accept, Mr. Minister, the assurances of our highest con- sideration. (Signed) A. V MUMM. A. ROSTHORN. E. DE GArFFIER. Manuel de Caecee. G. DtTBAIL. Ernest Satow. C. Baeoli. Y. Uchida. A. J. ClTTERS. D. Pokotilow. « The note of the Prince of Ch'ing is quoted in full in the reply of the Foreio-n Bepresentatives of July 2a.— W. W. R. " CHINA. 17 COLLECTIVE NOTE SIGNED BY DIPLOMATIC REPRESENTATIVES OF GERMANY, AUSTRIA-HUNGARY, BELGIUM, SPAIN, PRANCE. GREAT BRITAIN, ITALY, JAPAN, NETHERL^iNDS, AND RUSSIA, PROVIDING FOR MODE OF PAYMENT OP THE INDEMNITY OP 1900. [Translation from French original.] ^^ ^ Peking, July 2, 1905. Your Highness: We have the honour to acknowledge the receipt of the letter which Your Highness was so good as to address to us on July 2, 1905, in answer to the Collective Note of the Representatives of the Powers, dated July 26, 1904, regarding the payment of the indemnity. It is therein stated as follows: "On July 26th last. we had the honour to receive the Collective Note by which the Representatives of Germany, Austria-Hungary,- Great Britain, Italy, Japan, the Nether- lands and Russia made certain proposals to us for the regulating the payment of the indemnity. " We have examined these proposals with the greatest care. After having discussed them several times both verbally and in writing with the Belgian and other Ministers, we are now in a position to submit to the Powers concerned and to ask them to be so good as to accept, a definitive arrangement respecting both the liquidation of the arrears and the pajTnents to be made in future. " Recognizing that the sum of 450,000,000 Taels constitutes a debt in gold, that is to say for each Haikwan Tael due to each of the Powers China must pay in gold the amount which is shown in Article VI of the Final Protocol as the equivalent of one Tael, we undertake : " 1. To extinguish by means of a lump sum of 8,000,000 Protocol Taels, the whole of the debt incurred towards all the Powers collec- tively on account of the payment in silver during the years up to January 1, 1905. This lump sum shall be divided among the Powers in proportion to the amount of the sums which remained due to each of them on January 1, 1905. With regard to these sums, which are determined by converting the balance of each half year into gold and carrying it forward in Protocol Haikwan Taels, we beg the Ministers to be so good as to let us know what they are, in order that they may be paid by telegraphic transfers to each Power direct, a fortnight after the present proposals have been accepted. These 8,000,000 Taels will bear interest at 4 per cent per annum from January 1, 1905, to the day of payment. " 2. To sign the national bonds as soon as the Powers have given their assent to our proposals. " 3. In future on the last day of each month, to pay equal monthly installments of the whole of the sum payable each year for interest and sinking-fund, which is fix^d by the sinking fund tables attached to the respective national bonds, the Powers agreeing that China at the end of each half year may deduct interest at the rate of 4 per 35798—08 2 18 CHINA. cent per annum on these instalments from the date on which they have been made to the last day of the half year. " China will make these payments, calculated on the basis set forth above, which fixes the value of the Haikwan Protocol Tael in rela- tion to the money of each country, either in silver, according to the price of silver on the London market, or in gold bills, oi' in tele- graphic transfers, at the choice of each Power. China may obtain bills and telegraphic transfers as best suits her interests at any place and at any bank at the lowest price or by public tender, provided that the payments in gold be made to each Power direct on the due date. It is understood that China is responsible for the exact pay- ment of the transfers and the bills. Each Power in accepting the present proposals must inform the Chinese Government which of the three methods cited above is the one it chooses 'till the debt is extin- guished. " 4. As to the sums in silver which have been paid over to the Banker's Commission between January 1, 1905, and the coming into force of the new arrangement regarding the indemnity, we propose that they should be repaid to the Shanghai Taotai. He will then meet the instalments that have then fallen due, in accordance with the methods set forth above, with deduction of interest at 4 per cent per annum from the day the payment shall have been re-effected, up to the date of the next half yearly iDayment. " We beg Their Excellencies the Ministers of the Powers to inform us as soon as possible whether their Governments accept our pro- posals." We have submitted these- proposals to our respective Governments who after examining them in a conciliatory spirit, have assented to them. We therefore have the honor to inform Your Highness that we all accept the definite arrangement of the question of the indemnity proposed in your letter of today. It is understood that Article 4 of the present agreement shall be applied in an equitable manner. Your Highness will find attached a table setting forth the division of the 8,000,000 taels which yon have expressed the desire to receive. A. V. MUMM. A. ROSTHOBN. E. DE GaiTFIEE. Manuel de Carcer. M. Dubail. Ernest Satow. C. Baroli. Y. Uchida. A. J. CiTTEES. T). POKOTILOW. CHINA. 19 Amount due each power from the sum of 8,000,000 protocol taels. Oountry. Foreign cur- rency. Protocol taels. Germany ,. Marks 4,971,917.95 263,700.83 580,776.88 8,943.75 490,435.44 4,881,727.82 138,114.91 250.16.4 1,759,261.46 724,487.16 24,169.69 3,266,264.32 408.73 171.73 1,627,469.05 73,352.11 149,540.44 2,385.00 660,961.20 1,249,260.70 920,763.04 1,872.11 Austria-Hungary „. Belgium .._ _ Orowns Francs do Spain United States . France _ . ... Gold doll a I'M __ Great Britain- _ Pounds do Portugal- Italy- - . Francs '.._. 469,136.39 614,916.25 Japan _ Netherlands Russia— - .- Florins Rubles Pounds do 13,457.51 2,313,218.36 2,722.42 1,142.42 8,000,000.00 [Translation.] Peking, ^fid July, 1905. Messieurs les Ministees et MoNSiEtJE le Charge d'affaires: , I have the honor to acknowledge the receipt of your joint letter which you have been pleased to address me under date of today, and in which you communicate to me the notes exchanged by you and the Chinese Government with the object of a final settlement of the ques- tion of the indemnity in the Final Protocol of 7th September, 1901. I am pleased to inform you that I accept in the name of my Gov- ernment the proposals of the Chinese Government as stated in these two notes. Please accept, Excellencies and Monsieur, the assurance of my highest consideration. (Sgd) W. W. ROCKHILL. A L. L. E. E. Mm. les Ministres d'Allemagne, de Grande Bretagne, de Japon, DE France, des Pays-Bas, de Belgique, d'Italie, d'Espagne et de Russie; et M. le Charge d'affaires d'Autriche-Hongrie. 20 CHINA. N"o. 5. INTERI^ATIONAL. NEW ARRANGEJtENT FOR THE HUANGPU CONSERVANCY. Signed at Peking September 27, 1907. [Translated from original French.] The Chinese Government, being desirous of substituting for the terms of the Protocol of 1901, having reference to the establishment of a Eiver Board for the Huangpu and the functions and revenue of such Board, a ,new method of procedure whereby the Chinese Gov- ernment itself will undertake the work and defray the whole of the expense thereof; and the Powers signatory to the final Protocol hav- ing assented to this proposition, the following conditions have been agreed upon : — Article I. The Customs Taotai and the Commissioner of Customs at Shang- hai are entrusted with the general management of the work of im- proving the course of the Huangpu and of ameliorating the condi- tion of the bar, both at this and the other side of Woosung, as well as of the maintenance of such works. "With regard to the river and sanitary police, lighting and buoy- ing, pilot service, etc., the former regulations will continue to be in force. Article II. Three months after signature of the present agreement China will herself select an engineer experienced in matters of river conservancy, and if a majority of the representativas of the Powers signatory to the final Protocol consider that the engineer thus chosen possesses the requisite qualifications, China will immediately appoint him to undertake the work. In case, after commencement of the works, it should be necessary, for reasons considered valid by a majority of the Ministers interested, to take steps to replace him, the selec'tion and appointment of the new engineer would be effected in the same manner as above men- tioned. CHINA. 21 Article III. All contracts for undertaking the whole or part of the river con- servancy works, for purchase of material or of machinery, etc., shall be submitted to public tender and awarded to the party offering the most advantageous terms. Article IV. Every three months a detailed report upon the work done and a statement of expenses incurred will be drawn up and submitted for examination to the Consular Body at Shanghai. Article V. The sanction of the Taotai and of the Commissioner of Customs in Shanghai will be required for constructing wharves and jetties as well as for the establishment of all pontoons or floating houses in the river. Article VI. The Taotai, and the Commissioner of Customs at Shanghai ^vill ha\'e the right to expropriate the existing permanent moorings and to establish a system of public moorings in the river. Article VII. The sanction of the Taotai and of the Commissioner of Customs will be necessar}' for the prosecution of all dredging and other work. Article VIII. The Taotai aiul Commissioner of Customs will have the right to acquire all land, situated outside the foreigTi concessions, necessary for the execution of the work of improving and conserving the Huangpu and to dispose of the said land. If, in this connection, it should be considered necessary to expropriate land, and if such land should be the jiroi^erty of foreigners, the price therefor will be de- termined by a commission composed of: — (1) A person selected by the Consular authority having jurisdic- ion over the owner. (2) A person selected by the Taotai and the Commissioner of Customs. (3) A person selected by the Doyen of the Consular Body. Should the Doyen of the Consular Body be also the Consul of the proprietor, the third member of the Commission would be chosen by the Consul next in seniority to the Doyen. 22 CHINA. The Consul having jurisdiction over the party interested will give effect to the decision of the commission. In case of Chinese property, the Customs will proceed to estimate and settle the price, and will carry out the decision under analogous conditions. Riparian landowners, Chinese as well as foreigners, will have the right of preemption in the case of all accretions of land in front of their properties by the deposits effected in improving the river chan- nel. The price at which such lauds may be acquired will be fixed by a commission constituted similarly to that described in the preceding paragraph, or according to the case, by the Custom authorities. Article IX. The Chinese (joverumeut takes upon itself the whole of the ex- pense of the river improvement, without levying any tax or contri- bution either upon riparian property or upon trade or navigation. Article X. China specifies, and gives as guarantee for the total expense of the river improvement works, the whole of the duty on opium of Szechuen and of Soochoufu in Kiangsu. In conformity with the provisions of the Protocol of 1901, she will devote annually to these works, and for twenty years, the sum of 4G0,000 Haikuan taels. If during the course of any year after commencement of the works, the purchase of material or uuicliines. etc., should necessitate excep- tional expenditure, China, in order to meet it, may raise a loan by mean of bonds on the re\'euue derived from the above-mentioned opium duty. For the amortisation and the ser\ice of this loan as well as for expenses of all kinds connected with the execution of the works or with the maintenance of the works alreadj^ completed, China will furnish annually a uiinimum of 460,000 Haikuan taels. The provincial authorities concerned will remit this sum by equal monthly payments hito the hands of the Taotai and Commissioner of Customs at Shanghai. Should the revenues indicated become insufficient, the Chinese (lovernment must provide the sum specified from other sources. xVrticle XL If the works are not prosecuted with diligence, cai'e, and economy, the Consular Body, acting upon a majority of \'otes, may notify the Taotai and the Commissioner of Customs of the fact and request them to instruct the engineer to take the necessai-y remedial measures. Should the execution of the works continue to be unsatisfactory, the CHINA. 23 Consular Body, in the same way, may recommend the dismissal of the engineer as well as the selection and appointment of another in the manner set forth in Article II. In case the Taotai and the Commissioner of Customs at Shanghai should not act upon these representations, the Consular Body may lay the matter before the representatives of the Powers interested. Article XII. When the present articles have been discussed, agreed upon and signed, the regulations contained in paragraph B of Article XI, and in Annex 17 of the Protocol of 1901, shall be suspended, but, if China should fail to furnish annually sufficient funds, in accordance with this new convention, in such manner that the execution of the works should be thereby impeded, or, should she omit to conform to any other essential stipulation of the present arrangement, the original provisions of the Protocol of 1901 and of Annex 17 thereto, will im- mediately come again into force. Peking, 27th September 1905. A A, E, VON MUMM VON EOSTHOEN DE GaiFI'IEK Manuel de Carcee w. w. rockhill G. DUBAIL Ernest Satow C. BAROIiT Y. UCHIDA A. VON Cittees G. GOZAKOW (Chinese date). Signature of Prince Ching. Seal of the Waiwupu. 24 FKANCE. nSTo. 6. FKANCE. FRANCE— GREAT BRITAIN. AGREEMENT BETWEEN CERTAIN BRITISH CORPORATIONS, A GROUP OP FRENCH CAPITALISTS AND CHINESE CENTRAL RAILWAYS LIMITED H^OR CONSTRUCTION OF TIENTSIN-PUKOU AND HANKOW- CHENGTU RAILWAY. Signed October 2, 1905. Memorandum of agreement made the 2nd day of October 1905 Between Carl Meyer of 4 & 5 King William Street in the City of London on behalf of a body of English capitalists consisting of the British and Chinese Corporation Limited, the Pekin Syndicate Lim- ited and the Yangtze Valley Company Limited (who Avith their suc- cessors and assigns are hereinafter called " the British Group ") of the first part Stanislas Simon of 15 bis Rue Laffitte Paris in the Re- public of France on behalf of a body of French capitalists consisting of the Banque de I'Tndo Chine, the Comptoir Xationale d'Escompte de Paris, the Societe Generale, the Regie Generale de Chemins de Fer and Messieurs N. J. & S. Bartlac (who Avith their successors and assigns are hereinafter called " the French Group ") of the second part and the Chinese Central Railways Limited (hereinafter called " the Comjjuny ") of the third part. "Whereas the Companjf was registered as a Company with limited liability under the Imperial British Companies Acts 1862 to 1900 on the 7th January 1901. And whereas the said Company AAas formed by two of the parties forming the British Group for the purpose of acquiring and dealing with concessions and other rights in connection with raihvays in Cliina and elsewhere and for other puipt)ses mentioned in the ISIemorandum of Association of the Company. And whereas there have been is- sued to the British Group 50,000 shares of £1 each on which the sum of 8s. per share has been called and paid up. And whereas the Com- pany is at present entitled to the benefit of two agreements short particulars whereof are set forth in the schedule hereto and which refer to Railways proposed to be constructed from Pukou to Tien- tsin and from Piikou to Sinyaiig respectively. And whereas the Company has been for some time past neg9tiating to obtain a con- cession and other rights in connection Avith a RailAvay from the Han- PEANCE. 25 kow-Sinyang District to Chengtu in the province of Szechuen and the French Group have been for some time past negotiating to ob- tain a concession and other rights in connection with a Eailway from the Hankow-Sinyang District to Chengtu and they have thereby come into competition with each other. And whereas for the pur- pose of putting an end to such competition the Company and the French Group have agreed" to associate themselves together in the manner and on the terms hereinafter appearing. And whereas it is an essential term of the agreement that the British Group and the French Group shall so far as regards matters within the scope of the Company's objects do all in their power to oppose and defeat all competition with the Company. Now these presents witness that it is hereby agreed by and between the parties hereto as follows : 1. The capital of the Company shall be forthwith increased by the creation of 1,000 Deferred Shares of £1 each which shall be entitled to receive between them one-half the surplus profits of each year (which the Directors may determine to divide) after there shall have been paid by way of dividend or bonus to the holders of the shares other than the Deferred Shares a sum equal to the nominal amount of such shares and also to rank pari passu in any return of capital in a winding-up or otherwise until the full amount paid up on all the shares of the Company for the time being issued shall have been returned and thereafter to receive one-half of any surplus assets and on the terms that each deferred share shall upon a poll confer 100 votes in respect thereof upon the holder thereof. '2. Of the said defei'red shares 550 numbered 1 to 550 inclusive shall be forthwith allotted to the British Group and the remaining 450 numbered 551 to 1,000 inclusive shall be issued to the French Group. All the shares so allotted shall be paid up in cash at once. 3. There shall also be allotted in the proportions below mentioned to the French Group or to persons nominated by them whose pecun- iary responsibility shall be undoubted the remaining 50,000 shares of the original share capital and there shall be forthwith called and paid up on each such share the sum of 8s. and all calls thereafter made on the said shares shall be paid in due course. Of the said 50,000 shares 7,500 shall be allotted to the Compagnie Internationale d'Orient or their nominees (hereinafter called the Belgian Group) and 2,500 shares out of such 7,500 shall be transferred or the benefit thereof made over to the Yangtze. Valley Company Limited on such terms and conditions as the British Group shall think fit. Of the 50,000 shares held by the British Group or their nominees 5,000 have been already transferred to the Belgian Group and in the event of certain American capitalists to be approved of by the British Grou]i (hereinafter referred to as " the American Group ") agreeing within twelve months from the date hereof as to which time shall be of the 26 PRANCE. essence of the contract to accept such participation but not a smaller one in the Company the British Group shall transfer or make over the benefit of a further 7,500 shares out of their 50,000 shares to the American Group but only upon such terms and conditions^ as Jthe British Group shall thjnk fit and in the event^of the America,!! Group not agreeing within the time aforesaid to participate as aforesaid the British Group shall transfer 2,500 out of the said.7,500 shares to the French Group and shall retain the remaining 5,000 shares for themselves so that in the ewnt of the Amei'ican Group not participa- ting the said 100,000 shai'es ^Yill be held as to 45,000 by the British Group or their nominees as to 45,000 by the French Group or their nominees and as to 10,000 by the Belgian Group or their nominees. None of the said 100,000 shares shall save as aforesaid be sold trans- ferred mortgaged or otherwise dealt with without the consent of the British and French Gioups for a period of five years from the date hereof and before the tra!!sfer of the shares aforesaid to the Belgian and American Groups agreements to the like effect to this Clause shall be entered into by them and by the Belgian Group also relating to the shares already transferred to them as aforesaid. 4. The number of Directors of the Company shall be increased to 18 of whom 9 shall be froni time to ti!Tie appointed by the holders of the 550 deferred shares numbered 1 to 550 inclusive or of a majority of them and the remaini!!g 9 shall be from time to time appointed by the holders of the remaining 450 deferred shares numbered 551 to 1000 i!iclusive or of a majority of them. 5. The 9 Directors from time to ti!Tie appointed by the holders of tlie said 550 Deferred Shai-es shall be appointed a permanent com- mittee of the Board sitting in Lo!!don and the 9 Directors fro!n time to time appointed by the holders of the said 450 Deferred Shares shall be appoi!ited a permanent committee of the board sitti!ig in Paris, but all resolutions of the said Com!nittees in Lo!idon a!id Paris shall be subject i!i all respects to the coiitrol of the Board of Directors of the Company and to all resolutions of the Board affirm- ing disaffirming or otherwise dealing with the same directly or in- directly. C. The Chairman of the Board and also any person temporarily appointed to preside in his absence at a meeting of the Board or of the Company shall be a natural-born or naturalized British subject and be from "time to time elected by the Directors appointed by the holders of the said 550 deferred shares out of the directors appointed by the holders of such shares and such Chairman or other person shall in addition to any votes he may already possess have a casting vote at such meeting of the Board and of the Com])any. Meeting^ of the Board shall be held in London or in Paris as may be deter- mined by the Board. The General Meetings of the Company shall FRANCE. 27 be held in London. The Chairman of the Paris Committee shall be appointed by the members of such Committee and the Chairman of the London Committee shall be the Chairman of the Board of Direct- ors of the Company. 7. The French Group shall forthwith on the execution hereof vest in the Company the benefit of all negotiations entered into by or on its behalf in regard to the said concessions and rights in competition with the British Group and all surveys made in con- nection therewith and shall give to the company all documents and information in its possession relating thereto and the Company shall thereupon repay to the French Group such a sum as in the opinion of the Board of Directors of the Company shall represent the amount of the expenses incurred by the French Group therein and properly attributable thereto. 8. The engineers and other European employes engaged upon the said railway from Pukou to Chengtu and of each railway that may be formed or controlled by the Company (other than the said railway from Pukou to Tientsin) shall so far as possible be in equal proportions of British and French nationalities and all orders for materials rolling stock and plant and all contracts for construc- tion of the said railways (other than as aforesaid) shall be divided in equal proportions between British and French manufactureis and contractors. 9. It shall also be an essential term of the contract that no change shall be made in the character or political status of the Company or of any railways formed or controlled by the Company. All conces- sions and other like rights and privileges obtained by or for the Com- pany shall be taken in the name of the Company. 10. All companies tliat may be formed by or under tlie auspices of the Company or in connection with any railways or other concerns in which it is interested shall be Chinese Companies. If that should appear undesirable the said Companies shall be of the same character as the Company and similar provisions to those herein contained in relation to the political character and status of the Company shall apply to each company so formed. 11. The British and French Groups shall respectively agree that so long as they hold any shares in the Company respectively they will respectively use their best endeavours to oppose and defeat any schemes competing with the Company's main business. 12. The voting power of the British and French Groups and of their nominees in respect of the shares of the Company for the time being held by them or on their behalf shall be used against and shall not be used in favour of any resolutions which may tend to contravene the provisions of this present contract and the Directors of the Com- 28 FRANCE. pany shall be authorised to disregard all votes given in contravention of this clause. • 13. No share shall be transferred out of the names of the British French Belgian or American Group or their nominees to any com- panies or persons except upon the terms that such companies or per- sons shall bind themselves by the terms of this agreement and the BodS?d shall refuse to register all transfers made in contravention of this agreement. 14. The Articles of Association of the Company shall be altered in such manner as to give effect to the provisions of this agreement. In witness whereof the said parties to these presents have hereunto set their hands the day and year first above written. THE SCHEDULE ABOVE REFERRED TO. 0th January 1899. — Preliminary Agreement of this date made be- tween His Excellency, Sheng Director-General of the Imperial Chi- nese Railway Administration, acting under the authority of the Tsung-li-Yamen of the one part, and the British firm of Jardine Matheson & Co., for themselves and on behalf of the Hongkong and Shanghai Banking Corporation, of the other part, jointly representing a British Syndicate adopting the terms of the Preliminary Agree- ment signed by the above mentioned contracting parties on the 13th day of May 1898 for the financing constructing and working of a railway from Shanghai to Nanking as a Preliminary Agreement for the construction and working of a railway from Pukou to Sinyang in the provinces of Kiangsu Nganhui and Honan. 18th May 1899. — An Agreement of this date made between their Excellencies Hsu and Chang duly authorised to act on behalf of the Imperial Government of China of the one part and (a) The Deutsche Asiatisclie Bank (b) the Ilong-kong and Shanghai Banking Corpora- tion for themselves and on behalf of Messieurs Jardine Matheson & Co. as joint Agents for the British and Chinese Corporation Limited thereinafter called " the Syndicate " for the provision jointly by the Deutsch-Asiatische Bank and the British and Chinese Corporation of a loan and for the construction and working of a railway from Tientsin to the Yangtze Kiang. (Signed) Carl Meter. • "Witness to the signature of Carl Meyer on behalf of the British Group Walter S. Henderson, SoP., 31 Lomhiiirl Hfrecf^ London. (Signed) S. Simon. FEANC^. 29 Witness to the signature of Stanislas Simon on behalf of the French Group (Signed) Tho. Gilbert, Secretary, Chinese Central Railways. Witness to the signature of Thomas Gilbert for and on behalf of the Chinese Central Railways Limited Walter S. Henderson, /S'oZ'., 31 Lornbard Street, London. 30 FEANCE. ]sro. 7. FRANCO-JAPANESE ARRANGEMENT. Signed at Paris, June 10, 1907. arrangement." The Government of His Majesty the Emperor of Japan and the Government of the French Republic, animated by the desire to strengthen the relations of amity existing between them, and to re- move from those relations all cause of misunderstanding for the future, have decided to conclude the following Arrangement: " The Governments of Japan and France, being agreed to rgspect the independence and integrity of China, as well as the principle of equal treatment in that country for the coinmerce and subjects or citizens of all nations, and having a special interest to have the order and pacific state of things preserved especially in the regions of the Chinese Empire adjacent to tlie territories where they have the rights of sovereignty, protection or occupation, engage to support each other for assuring the peace and security in those regions, with a view to maintain the respective situation and the territorial rights of the two High Contracting Parties in the Continent of Asia." In witness whereof, the Undersigned : His Excellency Monsieur Kurino, Ambassador Extraordinary and Plenipotentiary of His Majesty the Emperor of Jaj^an to the President of the French Re- public, and His Excellency Monsieur Stephen Pichon, Senator, Minis- ter for Foreign Affairs, authorized by their respective Governments, have signed this Arrangement and have affixed thereto their seals. Done at Paris, the 10th of June 1907. (L. S.) S. KuEiNO. (L. S.) S. Pichon. DECLAKATION. The two Governments of Japan and France, while reserving the negotiations for the conclusion of a Convention of Commerce in re- gard to the relations between Japan and French Indo-China, agree as follows: " See speech of Mr. Pichon in the Chamber of Deputies, June 17, 1907, ex- plaining scope, etc., of this Arrangement. FBANCE. 31 The treatment of the most favoured nation shall be accorded to the officers and subjects of Japan in French Indo-China in all that concerns their persons and the protection of their property, and the same treatment shall be applied to the subjects and proteges of French Indo-China in the Empire of Japan, \uitil the expiration of the Treaty of Commerce and Navigation signed between Japan and France on the 4th of August, 189(). Paris, the 10th of June, 1907. (L. S.) ' S. KuEiNO. (L. S.) S. PiCHON. 32 GERMANY. No. 8. GERMANY— CHINA. AGREEMENT CONCERNING THE ESTABLISHMENT OP A MARITIME CUSTOMS OFFICE AT TSINGTAO. Signed at Peking, April 17, 1899. 1. The Commissioner or the Chief of the Maritimie Customs Office at Tsingtao is to be of German nationality. The Inspector General of Customs will come to an understanding with the German Legation at Peking in case of appointing a new Commissioner. 2. The members of the European staff of the Maritime Customs Office at Tsingtao shall, as a rule, be of German nationality ; in case, however, of a suddenly occurring vacancy or of temporary require- ments of the service, members of other nationalities may be provision- ally sent to Tsingtao. 3. The Inspector General of Maritime Customs will inform the Governor of Kiaochow beforehand about all changes in the staff of the Customs Office at Tsingtao; this, however, does not apply to the employes of the Chinese staff. 4. All correspondence between the Customs Office at Tsingtao and the German Authorities and German merchants shall be conducted in the Germaii language. Should, however, merchants of other na- tionalities come to reside at Tsingtao, they shall be at liberty to corre- spond in their language ; correspondence in Chinese shall be likewise permitted. I 5. On merchandise brought by sea to Tsingtao no import duty shall 1 be levied. Import duty according to existing Treaties shall be levied I by the Maritime Customs Office on all merchandise or products pass- j ing the German frontier of Kiaochow into the interior of China. / The German Authorities agree to take suitable measures to assist as far as it is possible in the prevention of merchandise passing the German frontier when not provided with a Permit or Pass by the ' Maritime Customs Office. 6. When Chinese merchandise or products brought from the in- terior of China into the German territory of Kiaochow are shipped from Tsingtao to other places, they will pay the export duty accord- GEEMANY. 33 ing to existing Treaties. Produce raised in, and merchandise manu- factured from produce raised in or imported by sea into the German territory of Kiaochow shall pay no export duty. The duty to be paid by articles manufactured in the German territory from materials brought there from the interior of China will be settled later. 7. Chinese merchandise or products brought from Chinese treaty ports to Tsingtao shall pay no duty as long as they remain inside German territory ; but if these Chinese merchandise or products pass the German frontier into the interior of China, they shall pay accord- ing to existing treaties. 8. Chinese merchandise shipped from Tsingtao, and having paid accordingly export duty, shall be provided with a receipt, on the pro- ducing of which it shall pay, on being landed at a Chinese treaty port, a coast trade duty according to existing treaties. 9. For European and other, non-Chinese merchandise on being shipped to Tsingtao from a Chinese treaty port the import duty paid at the latter port shall be refunded by drawback according to Article 26 of the German-Chinese Treaty of 1861. On being im- ported to Tsingtao such merchandise shall pay no duty, so long as it does not pass the German frontier into the interior of China. On being re-exported from Tsingtao to other places outside China, such merchandise shall pay no export duty. 10. Chinese merchandise or products having been shipped from a Chinese treaty port to Tsingtao and re-shipped from there to places outside China, shall on this occasion pay no export duty, in case the documentary evidence is produced of their having paid export duty at the treaty port from which they came. 11. The Maritime Customs Office at Tsingtao shall take no part in the collection or administration of tonnage dues, lighthouse dues or port dues. 12. The Customs tariff in force in the Chinese treaty ports shall be applied likewise by the Maritime Customs Office at Tsingtao. 13. The Maritime Customs agrees to levy on all opium brought to Tsingtao the same duties and taxes (likin) which are levied on opium in Chinese treaty ports. The duties and taxes collected on opium which enters into consumption inside the German territory shall be collected by the Maritime Customs for account of the German Government, and be paid over to the latter at certain intervals, to be fixed at convenience. 14. The Government of Kiaochow agrees to set apart for the Mari- time Customs Office sufficient space at Tsingtao for building offices, lodgings for the staff, with suitable room for garden, stables, and servants quarters. The amount to be paid for the sale or lease of such ground is to be settled locally by mutual agreement. 35798—08 3 34 GEEMANT. 15. The Chief of the Customs OiSce and the members of the staff shall be free from all obligation to act as jurors or assessors or from any other personal services. 16. The Maritime Customs Office at Tsingtao, as designated in the above Articles, shall take charge of the collection of duties, taxes, or likin on all Chinese built vessels (junks) coming to Tsingtao or to other places in the bay of Kiaochow and on all merchandise brought in such vessels. The duties, taxes, or other charges collected from Chinese built vessels or from merchandise brought by them to Tsing- tao shall not exceed the charges which have hitherto been levied from such vessels and such merchandise at Tsingtao or in other places in the bay of Kiaochow. Should at any time the charges levied on Chinese-built vessels and on merchandise brought by them at other ports in the province of Shantung be less in amount than such charge in the bay of Kiaochow, the latter ^hall be reduced to the amount levied in those other ports. 17. The aforesaid Maritime Customs Office at Tsingtao shall be charged likewise exclusively with the granting and issuing of transit passes for merchandise going into the interior of China, as well as for merchandise coming from the interior of China to Tsingtao ; and this office will be charged as well with all and every function, right, or capacity appertaining in the treaty ports to the so-called Chinese Customs Taotai. 18. For the ti'ansit passes mentioned in Article 17, the duty, ac- cording to existing treaties, i. e., half of the amount of the export or import duty — shall be collected by the Maritime Customs Office at Tsingtao. 19. The procedure to be observed in case of frauds or contraven- tions committed by merchants against the Maritime Customs rules shall be settled hereafter by a separate Agreement, but it is under- stood in principle that all judicial procedure rests with the German tribunals at Tsingtao. 20. In view of the possibility that with the development of com- mercial activity at Kiaochow new requirements may arise which are not to be foreseen, it is understood that the present Agreement bears a provisional character, that both parties to it agree to introduce amendments as soon as required for the purpose of remedying incon- veniences which may iiiise in the practical execution of this Agree- ment. Signed at Peking, the I7th of April, 1899. (Signed) Hetking Minister of Germany. (Signed) Egbert Hart Inspector General of Customs. GBKMANY. 35 PROVISIONAL CUSTOMS REGULATIONS FOR THE GERMAN TERRI- TORY OP KIAOOHOW. 1. (a) The import of Foreign and Chinese goods and produce into German territory is free, with the exception of Opium, Arms, and Explosives and the materials used in the manufacture thereof, which are subject to special regulations. (Vide paragraphs 2 and 3.) (b) Foreign goods and Chinese commodities unaccompanied by duty-paid certificates imported from Chinese ports must pay tariff import duty on exportation from German into Chinese territory. (c) Chinese goods imported from native ports, accompanied by duty paid certificate, must pay coast trade duty on exportation to the Chinese hinterland. (d) Goods arriving from the interior when exported pay tariff duty. (e) German territorial produce or goods manufactured from it, if accompanied by an official certificate (Ursprungsseugniss) are not liable to export duty upon shipment from Tsingtao. (/) Goods forwarded to or coming from the interior under transit pass must pay transit dues in addition to the import or export tariff' duty. 2. Opium can only be imported in original chests, and must on arrival be reported to the Customs, who will supervise its transporta- tion to the Customs godown. Upon payment of duty and likin opium may be exported under Customs seal and control from German into Chinese territory. The importation and consumption of opium in German territory is subject to special regulations, (see below) • 3. The importation into German territory of arms and explosives, as well as materials used in the manufacture of the same, is subject to special regulations, (see below) The export of the same from German into Chinese territory is prohibited except under huchau and special regulations after fur- nishing a sufficient guarantee. 4. The masters of vessels arriving at Tsingtao, (or the agents,) and having on board merchandise destined for the interior of China, will hand to the Customs offices a manifest for such merchandise and customs papers, if coming frpm a Chinese port. Manifest must be delivered within twenty-four hours. The manifest must be a correct statement of the aforesaid mer- chandise, and, if called for, fuller particulars must be supplied for statistical purposes. Consignees of import cargo are requested to furnish the customs with full particulars as to value, weight, and quantity of their goods for statistical purposes. 36 GEKMANY. 5. Goods arriving from Chinese ports under duty paid certificate are subject on importation to Customs inspection, under penalty or loss of coast trade duty privileges. 6. (a) A permit to ship will be issued by the Customs for goods to be exported after they have been examined and have paid the tariff duty. No cargo may be taken on board without such Customs per- mit or shipping order bearing the Customs seal, under penalty of confiscation. (b) Duty paid cargo which cannot be received on board ought to be reported to the Customs before being relanded, in order to secure exemption from export duty when subsequently shipped. (c) When the loading of a vessel is completed, a manifest of her outward cargo must be handed into the Customs by the master or agent. It must contain an account of the marks, numbers, contents, etc., of every ijackage on board. For exhibiting a false manifest the master is liable to a fine not exceeding a hundred dollars. (d) When a vessel's clearance is applied for, her stamped permit and shipping orders are examined on board ; and if they are found in order and the Customs are satisfied of the correctness of the manifest, and that the whole of the export duties have been paid, the Customs clearance is handed to the captain and the vessel is entitled to receive back her papers from the harbour department, and leave the port. 7. The Customs House is open for the receipt and issue of all Cus- toms papers from 10 A. M. to 4 P. M. on all days, Sundays and holi- days excepted. 8. In cases of confiscation and fines imposed by the Commissioner of Customs, the person concerned has the right of appeal to the official nominated for such duty by the Kiaochow authorities. In such cases the procedure will be conducted in accordance with the spirit of the " Rules for Joint Investigations in Cases of Confiscation and Fine by the Customs House Authorities," Peking, 31 May, 1868. 9. Above regulations apply to all merchant vessels and junks. SPECIAL REGULATIONS FOR THE IMPORTATION AND CONTROL OF OPIUM, ARMS AND EXPLOSIVES AND ARTICLES USED IN THE MANUFACTURE THEREOF. A. IMPORT OF OProM. Opium can only be imported in original chests ; the importation of smaller cases is forbidden. All opium must on arrival be reported without delay to the Customs, who will supervise its transportation to the Customs godown. The Customs officials are entitled to stop all suspicious goods and to search the ship, in which case the Captain is to render all possible assistance. GERMANY. 37 B. CONSUMPTION OP OPrtTM. Opium for consumption in German territory must be prepared un- der the supervision of the Government and the Customs. When pre- pared, the Opium is packed in tins containing 10, 20, 30, and 40 grammes, and each tin provided with a stamp corresponding to the selling price. It can only be sold by licensed dealers, and a charge will be made for the license. Arms and explosives, as well as materials used in the manufacture of the same, must at once be declared on arrival, discharged and stored in accordance with harbor regulations. Powder and other explosives, as well as materials used in their manufacture must be stored in special godowns and cannot be deliv- ered without permit from the harbor department. Storage will be charged for. Arms must be stored in the Customs godown and cannot be deliv- ered without permit from the Harbor Department. A charge will be made for storage. SPECIAL AGREEMENT. 1. The Customs agree to place the annual returns as soon as com- piled and before they are printed, at the disposal of the Imperial Gov- ernment, also to afford if possible, statistical information when re- quired. 2. The Customs will collect the duties on opium consumed in Ger- man territory, and will remit the same to the Government monthly, after deducting 2|% for cost of collection." 3. The Government agrees to hand over to the Customs, free of charge, land for the necessary official Customs buildings, and such houses which have hitherto served that purpose and may now be re- quired by the Customs. 4. The Customs shall be allowed to exercise Customs control, and to station officers at certain places — yet to be determined — in the Ger- man territory (Pacht Gebiet). 38 GERMANY. N"o. 9. GEKM A:NY— CHIN A . REGULATIONS FOR THE KIAO-CHAO AND TSINANPU RAILWAY. Signed Makoh 21, 1900. [Translation from Chinese."] Art. I. According to the second clause in the Second Section of the German-Chinese Convention after the Tsaochou Mission affair, the building of a railway line from Kiaochou to Tsinanfu by a Chino- f German Company is sanctioned, and in this Company, both German I and Chinese subjects shall be at liberty to invest money. At first, the management of this Company shall rest with the Ger- mans, temporarily. A report of the shares taken up by the Chinese shall be made every six months to the Shantung Bureau of Foreign Affairs, and as soon as these shares shall exceed the amount of Tls. I 100,000, the Governor of Shantung shall appoint a satisfactory i official to become a member of the company and assist in clearly ^ defining the regulations. ^Vrt. II. If said Company shall hereafter establish any branch office within the Province of Shantung, this Province will then ap- point a satisfactory Chinese official for said branch office to assist in mattei's of consultation and operation. Art. III. The Governor of Shantung shall appoint a special official to assist in the locating of the railway; the high local officials or prominent gentry of various places will also be invited to assist." This wWl be done in order that the conditions of the various places maj' receive no injury. But as to scientific questions, these shall all be settled by the Engineer, and in all matters relating to the buying of land, the sijecially appointed official must be consulted. When the route has been in\^estigated, the Company must prepare a map of the line showing all the conditions, the scale to be 25000 to 1, which map is to be handed in to the Governor of Shantung, after which the matter of buying the land will be considered, and as soon as the land is all purchased, the work on the construction can begin. But as to the buying of the land, this matter must be managed as heretofore, with uniform promptness and peacefulness, that the owners of land may have no excuse for putting obstacles in the way, which would " Yo cliaug-ch'gng, xxxvil A 74r-79. GEEMANY. 39 result in delaying the work. The Company will be permitted to buy only so much land as is actually needed in the construction of the railway, including what will afterwards be needed for the operation of the line. For small car-housing stations, it will be permitted to buy a piece of land about 630 metres long (1 meter = 2 ft. 9.6 in. official measure, and 1 ft. official measure = 338 millimeters.), and about 70 metres wide. For large car-housing stations it will be permitted to buy a piece of land about 730 metres long and about 100 metres wide. For railway stations of medium size a piece of land 850 metres long and 130 metres wide can be bought adjoining the walls (of the cities). For large railway stations the amount of land that can be bought will depend upon the special conditions of the case, except only that the necessary amount shall be the limit. When it is necessary, however, to buy earth to use in making fills or eleva- tions, it will not be understood that this must all come from within the limits set down above. Art. IV. In the construction of the line, whenever the Company jBnds a place upon its land where a space should be left for water to flow, — whether a bridge should be built or a sluice opened, — they must leave satisfactory space for the flow, in order that no harm or hindrance shall come to the populace or their fields. Art. V. The railroad must not injure or obstruct any city walls or public works within the Province, nor any important strategical positions that may be iised for protection. Art. VI. In constructing the railway, the Company must go around small villages and market towns, also ancestral halls, temples, grave-yards, dwellings, and water-ways, orchards and vegetable gar- dens. These must not be made to suffer on account of the railway. And as for specially large and well arranged grave yards, these must receive special regard. In cases where it is impossible to avoid them, the matter should be thoroughly looked into and discussed by both parties, and the high local officials must be requested to give two months' notice to the owner of the property, that he may construct a new grave yard at another place modeled after the original one. Any person in such a case, moreover, must not be subjected to any financial loss. Art. VII. In buying land the Company must use the Chinese units " hung " and " ckHh " for measuring, one " kung " equalling five " cKihP (1 6'A'«A=338 millimeters, and in any locality one '•mM"=360 ^'■hurvg''' or 9000 square '' ch'ih") The Provincial Treasurer will furnish standard lengths for the " kung " and " ch'ih," that both patties may be guided by them. As to the Government tax, that matter will be dealt with in the same manner as is done in other parts of China where- foreigners have bought land for the con- struction of railways. 40 GERMANY. Art. VIII. In transporting materials and men for the measure- ment and survey of the land, the Company must keep off of the fields and vegetable gardens of the people, and in case where real damage has been done by trampling on the fields, and action therefor is brought, the Company will be required by the local high officials to make good the loss, out of pity for the abused party. Art. IX. "Whenever the local officials are requested to aiDpoint someone to assist the company, said company must provide such per- son with money for meals; and this money must be kept in an entirely different account from that in which the money is kept for the purchase of land from the owners. The latter should be handed over to the local officials, to be received by them and handed over in turn to the owners. At the same time the local officials must send the Company a certificate of purchase for the land. Art. X. If the Company desires to rent any buildings or rooms along the line of the railway, they must first notify the high local officials, whereupon the said officials will consult with the owners and draw up a contract for the rent on behalf of the Company. Art. XI. All materials necessary for the construction of the rail- road must be bought at the market price, and a fair price given therefor ; or else the local officials may be requested to buy them for the Company. Art. XII. All silver and other money used by the Company must be exchanged justly at the rate of the place at the time. Art. XIII. The Company will not be permitted to act upon its off from the main line to connect with the mines, for the purpose of bringing down rock, lime, etc., such, for example, as the branch line at Poashan Hsien connecting with the main line, — such roads will not come under this prohibition. But whenever it is desired to build one of these short branch lines, permission must first be re- quested from the Governor of Shantung, that he may investigate the matter. Art. XIV. All section men appointed by the Companj' within the limits of Shantung Province must be provided with passports sealed by the officials of both countries. This is to assist the local officials in giving protection. Without such passport they can not assume the responsibility of protection. Art. XV. All Chinese or Germans employed by the Company must be supplied with special certificates to that effect, sealed both by the local officials and the Company. This will facilitate the detection of imposters. When the road is being laid out, as well as when it is being constructed, it will be the duty of the Chinese officials to ap- point men section by section, to accompany and assist (the railway employes) in looking after their things,— such as wooden stakes, etc. GERMANY. 41 Should any one falsely assert himself to be in the employ of the Com- pany, he shall be arrested and punished by the local officials. Art. XVI. Should it ever happen that it becomes necessary for soldiers to protect the railway outside of the 100 li zone (Kiaochow concession) the Governor of Shantung shall detail such soldiers, and foreign soldiers can not be used. The Governor of Shantung having consented to use his utmost endeavors to protect the railway both in time of construction and operation, he must see to it that the railway receives no injury from bandits. Art. XVII. The object of constructing this line is solely the de- velopment of commerce, and it will not be permissible to transport i foreign soldiers or munitions used by foreign soldiers to any place outside of the 100 li zone. If by any chance, the peaceful relations existing between China and any foreign Power become broken, the railway will still remain under the management of the Company, but the company must still observe the above rule. But if the offices are seized by an enemy, and the Company loses its control, then this Province will no longer assume the responsibility of protecting the line. Art. XVIII. Should the Province be visited by famine or flood, so that it is necessary to send relief to the sufferers in the form of rice or clothes; or should there be any riots necessitating the us.e of sol- diers, such soldiers (with their arms, provisions, and baggage) and such relief (as mentioned above) must be shipped at reduced rates according to such regulations as Germany has in her own country. Art. XIX. The Company must make satisfactory arrangement for the easy collection and receipt along its line, of such likin and Cus- toms duties as are collectible in the Province on merchandise and domestic animals. As to the erection of Customs Houses, etc., the Customs officials of this Province will first discuss with the Company the amount to be expended, after which that matter will be taken up. Art. XX. In the construction of the railway, the Company must employ among their men, people who live in the various villages along the line ; and the Company shall also trade with them, that they may not be left out in the cold as it were. Art. XXI. All Chinese employed by the Company outside the German concession, shall, if they break the law, be tried by the high local officials; and when a local official notifies the Company thfit ac- cording to Chinese law, a certain man should be tried as an offender, said offender shall not be given improper protection, or be in any way screened by the Company. If there be any offenders or law-breakers among the foreigners employed, and action be brought against them, they shall be tried by foreign law, and it will be the duty of the Company to make a thorough investigation of the case, and not show undue favor. 42 GEEMANY. Art. XXII.. Competent men must be picked for work on the road, and natives of the place must be used as far as possible. Moreover, the price to be paid for labor must depend upon the various condi- tions of the place. If the laborers get into quarrels with the people, it will be the duty of the Chinese officials to arrest them and deal with them according to law. Laborers on the railroad shall under no cir- Art. XXIII. After the completion of the road, special men shall be detailed to watch and repair the line. Old residents in the various respective districts — men who have considerable means — shall be in- trusted with the hiring of these men, in order to guarantee that the men who are hired will all be peaceful and reliable characters. More- over, those who are intrusted with the hiring of the men must obtain from the local officials certificates for the men they hire. This is for convenience in investigation. Art. XXIV. After all work in connection with the railway is com- pleted and the road is being operated according to regulation, should there be any accidents resulting in the injuring of any Chinese or damaging their property, the Company must repay them for their losses according to the conditions. At all times notices must be con- spicuously placed. Damages must be paid also for all losses or injury to life or property caused by error or carelessness in the handling of the trains. Before the road is entirely completed, and when trains are running according to temporary schedule, this rule that damages must be paid for all losses or injury to life and property caused by error or carelessness in the handling of the trains, likewise holds good. Art. XXV. If there ever be any dangerous places in this province, such as flooded districts, fallen trestles, or damaged bridges, inter- fering with the operation of the railway, then these obstructions must be removed before the road can be operated again according to regu- lation. Art. XXVI. If at any time, whether it be when the road is being located, constructed, or operated, the Company for some reason re- quests the Governor of Shantung to furnish soldiers for protection, it shall be his duty to investigate the matter immediately and grant the request, sending sufficient guard of soldiers to the place where they are needed. As to the amount of extra money which the Com- pany shall pay such guards, this will be considered apart. Art. XXVII. The title of, and authority over all railroad lands outside the German concession, so far as they rested in the former owner originally, will revert from him to the Governor of Shantung. Title to, and authority over, the railroad lands within the German concession, will revert to the German Governor. GBRMAKY. 43 Art. XXVIII. The Chinese Government shall have the right to buy back this railroad in the future, but as to this matter, it will be considered separately later. " After the above articles have been adopted, signed, and sealed, they shall be sent to the Department and District officials, as well as to the various railway officials, that all may become familiar with them and act accordingly. Hereafter, if any alterations or additions are deemed necessary, they can be made only by consultation of the Governor of Shantung, or such competent and experienced officer as he may appoint, and the Company. (Signed) Yin-ch'ang MaTiager of Railway c& Alining Affairs etc. etc. etc. Yuan (Shih-k'ai) Vice-President Board of War Governor of Shantung, etc. etc. etc. Kuanghsu,XXVI. Year, Second Moon, 21st Day. March 21st 1900. (Signed on the part of the Chino-German Co. by Schmidt and Michaelis.) 44 GEBMANT. GERMANY CHINA. AGREEMENT ABOUT THE ESTABLISHMENT OF A MARITIME CUS- TOMS OFFICE AT TSINGTAO." INLAND WATERS STEAM NAVIGATION. 1. The Kiaochow Customs having been formally authorised to function in Tsingtao are now empowered to issue inland steam navi- gation papers: steamers thus permitted to ply on the inland waters are to be guided generally by the rules and regulations of July and September 1898 and the additional rules of September 1902, but more especially by the regulations herebelow set forth. 2. Steamers about to ply in the inland waters are required to de- posit their national papers, Foreign or Native, with the Customs, and will receive in exchange, on written application, the Inland Waters Certificate; such Certificates are valid for one year, and a fee of Tls. 10 is payable on first issue and Tls. 2 for each annual renewal. Ton- nage Dues are payable once every four months. 3. Such certificated steamers may ply either (a) freely in the Tsingtao waters, or (b.) according to regulations (1) from Tsingtao to a place or places inland and back, and (2) from Tsingtao to a place inland, thence to a Treaty port, thence to a place inland, and thence back to Tsingtao. On making due report to the local Cus- toms or Tax Office, and paying local Dues or Duties, they may land or ship cargo or passengers at any recognised places of trade passed on the voyage, but they may not ply between inland places exclusively without special authority. If visiting another Treaty port on any such inland voyage, the Customs at such port are to be duly reported to and alLport regulations, national and native, complied with. 4. Whenever certificated steamers quit or return to Tsingtao, they are to clear from and report to the Kiaochow Customs, handing in Outward and Inward Manifests of cargo, reporting places to be called at or called at, and paying the prescribed Duties. Opium and con- traband goods are not to be carried inwards or outwards : if carried, the goods are confiscable and the vessel subject to a fine of $500, a " See Circular No. 1150, second series, of April 26, 1904, of the Inspector Gen- eral of Customs. GEBMANY. 45 second offence entailing withdrawal of Inland Waters Certificate and privileges. 5. Certificated steamers are required to carry the Imperial Chinese Post Office mails free of charge, and the Postal Department of the Kiaochow Customs is empowered to transact all required postal busi- or ness in this connexion independently — -, in communication with the Colonial Post Office. 6. The Colonial Government will assist the Kiaochow Customs to supress smuggling — more especially the smuggling of Opium and contraband, — and accord special facilities to develop the legitimate business of the Postal Department. Signed at Peking the 17th April 1904. (Signed) A. v. Mumm, Minister of Germany. (Signed) Egbert Hart, Inspector General of Customs. 46 GEBMANY. DNTo. 11. GERMANY— CHINA. AMENDMENT TO THE AGREEMENT BE THE ESTABLISHMENT OP A CUSTOM HOUSE IN TSINGTAU." Signed at Peking, December 1st, 1905. PREAMBLE. The Chinese and German Governments being anxious to amend the Agreement of the 17th April 1899, with a view to putting the relations between the Colony of Kiaochow and the Chinese Customs on a still better basis, have agreed to the amendments represented in the following Articles. The basis of this arrangement is that the Chinese Government on its part (1) agrees to pay to the German Government a certain pro- portion of the Import Duties on goods. Opium included, landed in the German territory, and (2) consents to the modifications of Treaty- port Customs practice and principles which said Articles establish; and that the German Government on its part, in consideration of the Chinese payment and consent, undertakes to facilitate the working of the Imperial Chinese Customs establishment established and operat- ing in the German territory and to aid in safeguarding the Revenue legitimately payable. With the object of carrying out the necessary amendments, the under-mentioned Articles, duly agreed to by both parties, have been made. Art. I. After the delimitation of the Tsingtau free area by the German officials, the Chinese Maritime Customs established in the German territory will levy all the Duties payable on goods passing outside the free area, and the Chinese Government will hand over annually to the German officials at Tsingtau 20 per cent, of the net Import Duties collected, as shown by the statistics of the Kiaochow Customs, as its contribution to the expenses of the territory. This per-centage " See Circular No. 1302, second series of December 1st, 1905, in and by the Inspector General of Customs. GEBMANT. 47 will be fixed for the present provisionally for five years, and pay- ment will be made in quarterly instalments after the end of each quarter. If this arrangement, fixing the contribution at 20 per cent., should at any time seem to either party to require amendment, notice is to be given to the other before the beginning of the fifth year, in order to afford time for reconsideration. Abt. II. The limitation of the free area, which is to be established at the Great Harbour, and its probable extension later, on account of the progressing harbour works, will be made as convenient as possible for carrying on Customs work. Art. III. On articles which are Duty free by existing Customs Tariff no Duty will be levied. The following are Duty free: FOR THE GERMAN TROOPS. (a) Articles for arming and outfitting the troops, including Uni- forms, if directly ordered by the military or naval authorities and if accompanied by Certificate of the Colonial Government. (i) Stores and Provisions ordered by the military or naval author- ities in anticipation of future requirements, if accompanied by Cer- tificate of the Colonial Government. FOR THE GENERAL PaBLIC. (c) Machinery, Plant, as well as Parts of Machinery, Implements and Tools required for manufacturing, industrial, and agricultural purposes; also all Building Materials, Fittings, and other articles for public and official works. A written Bond for the value of the goods must in each case be handed to the Customs certifying that the articles are solely for use in the German territory. If, later, they are to be conveyed into China, they must be declared to the Customs and pay Import Duty. Failure to do so will involve enforcement of the Bond for recovery of double the amount of Duty on the value speci- fied in it. (d) Articles (Vehicles and such like) passing to and fro between the free area and outside, solely for ordinary repairs ; but they are to be reported to the Customs officers, that their passing may be noted. (e) All postal parcels imported and destined for private use in the German territory, if the Duty which has to be taxed in accordance with the attached declaration does not exceed $1 (value $20). The 48 GEEMANY. Customs are at liberty to examine such parcels and verify declara- tions as occasion demands. (/) The personal luggage of passengers, declared as not containing dutiable or contraband goods ; it will only be examined in cases where the Customs consider it specially necessary. Abt. IV. The regulations laid down in Arts. 5, 7, and 9 of the Agreement of 17th April 1899 as to levying x>t Import Duty are hereby modified, in so far that the free Duty area is limited to the free area. Payment of Duty therefore will be made according to circumstances, either when leaving the free area or, if to be landed elsewhere, before landing. By the payment of the Duty the goods pass into free circulation, and out of Customs control. Provision having been thus made for ef- fective collection of Duty in Tsingtau, Customs Stations on or near the frontier will, under the provided conditions, be unnecessary, and the question of establishing such can for the time being be postponed; such Stations as are required for the control of junk traffic are excepted. Art. V. For manufactories which are erected outside the free area, arrange- ments are to be made according to which manufactures will not be treated less favourably than if they came from the free area. Labour in the German territory is free of tax; consequently manufactures made in the German territory from raw materials which have been imported from the hinterland or by sea into the German territory are, at reshipment, only subject to such Duty payment as China has by Treaty claim for on the raw material. A list of articles entitled to be treated as raw material will, if needed, be drawn up by the Customs and Colonial authorities and revised annually at the end of each year. Art. VI. All trading and shipping facilities and privileges which are granted in Chinese coast ports are to be extended to the German territory, with such modifications as local conditions may require. Abt. VII. In cases of fraud and offences against the Customs regulations, the procedure will be conducted in accordance with the spirit of the " Joint Investigation Rules of 31st May 1868 "—a Colonial officer specially named by the Government to take the place of the Consul. GEBMANY. 49 Art. VIII. It is understood that this Agreement is an amendment of the origi- nal Agreement of I7th April 1899, made in accordance with Art. 20 of the latter, which, unless where modified hereby, remains in full force. Signed and sealed at Peking this first day of December nineteen hundred and five by Baron Mumm von Schwarzenstbin, His Im- perial German Majesty's Minister, on behalf of the German Govern- ment, and by Sir Robert Hart, Bart., G.C.M.G., Inspector General of Imperial Chinese Customs, on behalf of the Chinese Government. [seal.] (Signed) A. V. Mumm. [seal.] (Signed) Robert Hart. 35798—08 4 50 GERMANY. JSTo. 13. GERMANY. ORDINANCE REGULATING PROCEDURE IN CUSTOJIS MATTERS IN THE KIAOCHOW TERRITORY." TSINGTAU, Decembeb 2, 1905. [Translation from German.] I. GENERAL RULES. § 1. All goods imported by sea into or exported from the German territory, with only such exceptions as are specified below, are subject to Duties on importation or exportation at the rates specified in the Chinese Tariff for Foreign trade for the time being in force. Goods forwarded to or coming from the interior under Transit Pass must pay the Treaty Transit Dues in addition to the Import or Export Tariff Duty. § 2. The Customs procedure is guided by the principles and follows the practice which are in force at the Chinese Maritime Custom Houses at the various Treaty ports, and Customs control wherever necessary is exercised by its officers. § 3. Import and Export Manifests of all vessels made out in ac- cordance with the provisions of the Treaties must be handed to the Customs. The Manifests to be signed either by the master of the ves- sel, who in that case is held responsible, or by the agent of the vessel, in which case he will be responsible. § 4. Junks repairing to the special points they frequent excepted, no vessel is allowed to work car-go until Import Manifest has been handed in to the Customs, nor to allow it to leave the ship outside the free area until Customs Permit has been issued. Applications for goods to be landed or shipped outside the free area must specify the locality — what jetty, etc. — they are to be landed at or shipped from. II. — FREE AREA. § 5. The free area comprises the Great Harbour including the Moles, the wharf territory and the enclosing embankment, and the territory in front of the harbour as far as the chief railway embankment. It <» Circular No. 1306, second series, of December 23d, 1905, issued by the In- spector General of Customs. 60 GEEMANY. 51 is limited in the south-west by a lin« between Inner Harbour and railway embankment near the junction of Rechternstrasse and Grosse Hafenweg, and in the east by a line between railway and enclosing dam near the block station. An extension of the free area is reserved for later use at any time according to requirement. The following are the boundaries of the area kept for possibly required extension in the future, viz., the railway embankment to the block station, includ- ing territory to be filled in on the one side to the extent of 200 metres east of the enclosing dam ; on the other side (west) , to the railway viaduct off the Shansistrasse along the road to Oster's Slip, including small and large harbours. § 6. The free area shall not be made use of for dwellings, with the exception of those which are necessary for warehouse and wharf con- trollers, harbour. Customs, and police officers, nor for petty trade, with the temporary exception of a fixed number of Chinese street cookeries for the use of coolies. Factories are, in principle, allowed. § 7. The Customs control within the free area, as well as at the exits, is exercised by the Chinese .Custom House. § 8. The Customs Duty account of all vessels must be settled within ten days of the ship's clearance, and Duty on all Imports passing beyond the free area paid. § 9. Goods arriving by sea or from the hinterlan/1 , which are in- tended to be stored, sorted, and worked up in the free area, shall be notified to the Customs, who will then take them under supervision. At the time of the notification the following details have to be sup- plied: mode of conveyance by which the goods arrived, and, if by sea, name of ship, name and address of consignee, date of arrival, number of packages, kind of packing, marks and numbers, and gen- eral description of the goods. § 10. Goods which are destined to be exported by sea from the free area have to pass the Customs. Goods without Customs papers are not allowed to be received on board. § 11. Traffic of every kind (carriages, carts, railway, junks, sam- pans, tugs, steamers, etc. ) by sea and land frontier of the free area is subject to the supervision of the Customs. III. — ^DUTY-FREE GOODS. § 12. On articles which are Duty free by Treaty no Duty will be levied. The following are Duty free : — FOR THE GERMAN TROOPS. {a) Articles for arming and outfitting the troops, including Uni- forms, if directly ordered by the military or naval authorities and if accompanied by Certificate of the Government, 52 GERMANY. (5) Stores and Pravisions ordered by the military and naval au- thorities in anticipation of future requirements, if accompanied by Certificate of the Government. FOB THE GENERAL PUBLIC. (c) Machinery, Plant, as well as Parts of Machinery, Implements and Tools required for manufacturing, industrial, and agricultural purposes ; also all Building Materials, Fittings, and other articles for public and official works. A written Bond for the value of the goods must in each case be handed to the Customs certifying that the articles are solely for use in the German territory. If, later, they are to be conveyed into China, they must be declared to the Customs and pay Import Duty. Failure to do so will involve enforcement of the Bond for recovery of double the amount of Duty on the value specified in it. (d) Articles (Vehicles and such like) passing to and fro between the free area and outside, for ordinary repairs; but they are to be reported to the Customs officer, that their passing may be noted. (e) All postal parcels imported and destined for private use in the German territory, if the Duty, which has to be taxed in accordance with the attached declaration, does not exceed $1 (value $20). The Customs are at liberty to examine such parcels and verify the declara- tions as occasion demands. § 13. The personal luggage of passengers, declared as not contain- ing either dutiable or contraband goods, is passed free of Duty and, as a rule, without examination; but the right of examination is re- served to the Customs in cases where it may be considered specially necessary. Duty is leviable on articles carried in excess of those reasonably necessary for personal use or if expected to be sold. IV. MANUFACTURES IN THE GERMAN TERRITORY. § 14. Manufactures in the German territory are only subject to Duty in so far as China is entitled to Duty on the raw material. (a) Chinese raw material landed in German territory from the hintei'land or non-Treaty ports and intended for use in a manufactory may be declared to the Customs and a Bond for any Duty payable on same deposited. When the articles manufactured from this raw material come to be exported, they will pay Export Duty on the material used, and the Duty guaranteed by the Bond shall be cancelled to that extent. Duty guaranteed by the Bond must be paid or accounted for before the expiration of three years from its date. It will be optional for the exporter to pay full Tariff Duty on the exported article instead of on the raw material used in its manu- facture. GBBMANY. 5S (&) Any Import or Coast Trade Duty levied on raw material ar- riving from Foreign countries or from the Treaty ports of China will be refunded at the time of exportation by sea of the manufactured articles made therefrom, provided that at the time of importation such material was duly declared at the Custom House as for use in a manufactory. (c) An arrangement will be made by agreement of Colonial and Customs authorities that when the various classes of manufactured articles are exported, the amount of raw material used will be fixed as a definite proportion and the Export Duty will be diminished accord- ingly. {d) The factories entitled to claim the treatment as specified above will be registered, and a list of them, revised as required and if needed, furnished to the Customs. V. OPITJM. § 15. Opium can only be imported by vessels in original chests. The importation of smaller quantities than one chest is forbidden. All opium on board of ships, including that intended for consump- tion during the journey, must, on arrival of the ship, be reported with- out delay to the Customs, who will supervise the transportation to the Customs godown of so much as is to be landed. § 16. Opium from the German territory to China or from China to the German territory can only be conveyed by rail, on special Bill of Lading and as " Eilgut." It is forbidden to carry it as passenger's luggage. All Bills of Lading, etc., for arriving Opium are handed by the railway to the Customs in the German territory, who will notify the addressees. § 17. The consumption of Opiiun in the German territory is sub- ject to special regulations. VI. ARMS, POWDER, EXPLOSIVES, ETC. § 18. Arms, Powder, Explosives, and the like, as well as materials used in the manufacture of the same, must be declared on arrival and discharged a,nd stored in accordance with the regulations of the Colonial Government. § 19. The export of Arms and Munitions of War of all kinds, as well as materials used in the manufacture of the same, from the Ger- man into Chinese territory is prohibited; exception is only made in the case of articles covered by Special Permit issued by the Com- missioner of Customs in accordance with Chinese regulations. § 20. The storage of Arms and Explosives iu the German terri- tory, as well as the trade in the same, is subject to special regulations. 54 GEEMANY. VII. MAIL MATTER. § 21. Mail matter may be landed or shipped by the Psot Office at any time. § 22. Postal parcels will be received by the Post Office only, if accompanied by a declaration form vised by the Customs. § 23. Parcels destined for Tsingtau will be handed, immediately after arrival, by the Post Office to the Customs for assessment of Duty. The declaration form will be delivered to the addressee in the same way as other mail matter. The addressee will produce the declaration form at the Customs, and on payment of Duty, if any (Hde § 1:2, (e.)), the parcel will be delivered by the Customs. For such parcels as are destined for other places in the German territory where German Post Offices operate, the Duty payment of such parcels will be made, on application of the addressee, by the German Post Office, who will collect the Duty and a fee of 20 cents at the time of delivering the parcel. § 24. The importation of Opium, Arms, Powder, Explosives and the like, as well as materials used in the manufacture of the same, by Post is forbidden. In special cases the Government can grant an exception. VIII. — TANK ItEROSENE OIL. § 25. The Customs procedure for despatching tank ships, storage, and valuation of Kerosene Oil will be in accordance with the pro- cedure in force at the Maritime Custom Houses at the Treaty ports. IX. OFFICE HOURS OF THE CUST03I HOUSE. § 26. The Custom House is open for the receipt and issue of all Customs papers from 10 a. m. to 4 p. m. on all days, Sundays and holidays excepted. The Customs Bank is open on all week days from 9-12 a. m. and 2—4 p. m. S 27. Vessels wishing to load or discharge on Sundays or holidays, as well as during night hours, must take out a Special Permit from the Customs : this Permit must be applied for during office hours. § 28. The transport of goods over land and sea boundary of the free area during night hours is only allowed in case a Special Permit has been obtained from the Customs. This does not apply to mail matter and passengers luggage. § 29. Night hours are: — From 1st March to 31st October : from 8 p. m. to 5 a. m. From 1st November to 28/29 February : from 6 p. in. to 6 a. m. X. PINES. § 30. Confiscation and fines will be imposed according to the prin- ciples which are laid down by the Treaties and which are in force at the Maritime Custom Houses. In cases of appeal against confis- GERMANY. 55 cation and fine imposed by the Commissioner of Customs, the pro- cedure will be conducted in accordance with the spirit of the " Rules for Joint Investigation in Cases of Confiscation and Fine by the Custom House Authorities. Peking, 31st May 1868." 1 XI. AHROGATION OF FORMER REGULATIONS. § 31. This. Ordinance, issued to carry out the terms of the Agree- ment made on I7th April 1899 and of the Amendment to same made under its 20th paragraph on the 1st December 1905, and accepted by the Chinese Custom authorities, will come into force on 1st Jan- uary 1906, and will take the place of the following Regulations, which are hereby recinded : — (a) The Provisional Customs Regulations for the German Terri- tory of Kiaochow, of 23rd May 1899. (6) The Special Regulations for the Importation and Control of Opium, etc., of 23rd May 1899. (c) The Special Regulations re the Execution of the Customs Con- trol, of 23rd May 1899. {d) The Provisional Additional Regulation to the Provisional Customs Regulations concerning Goods loaded by the Shantung Railway, of 20th April 1901. (e) The Customs Notification No. 24 regarding the Goods loaded by the Railway, of 31st March 1902. TsiNGTATj, 2nd December 1905. The Colonial Governor p. t., (Signed) Van Semmern. 56 GEBMANY. ^o. 13. germa:n^y-gkeat Britain and china. LOAN AGREEMENT FOR £16,000,000— THE TSUNGLI YAMBN AND THE HONGKONG & SHANGHAI BANKING CO. AND DEUTSCH ASIATISCHE BANK." Signed at Peking, March 20, 1896. This agreement is made between the Tsungli Yamen acting on behalf of the Imperial Government of China on the one part and the Hongkong and Shanghai Banking Corporation and Deutsche Asia- tische Bank representing an Anglo-German Syndicate hereina'ft.er called " the Syndicate " — on the other part. Whereas a Preliminary Agreement for an Imperial Chinese Gov- ernment five per cent gold loan was executed by the above contracting parties on the eleventh day of March one thousand eight hundred and ninety six, And whereas on the seventeenth day of March one thousand eight hundred and ninety six telegraphic advice was received from the Syndicate in Europe that they are prepared to issue the loan on the conditions specified in that preliminary agreement, And whereas in terms of clause the ten of the preliminary agree- ment an Imperial Edict has been issued on the day of the second month of the twenty second year of the Emperor Kuang-Hsii being the day of March one thousand eight hundred and ninety six sanctioning the loan on the terms named in the Preliminarj' Agreement copies of which Imperial Edict have been officially handled by the Tsungli Yamen to the Minister for Germany and to the Charge d' Affaires for Great Britain in Peking. It is now agreed as follows : 1. The Imperial Government of China authorizes the Syndicate to issue an Imperial Chinese Government five per cent Sterling loan for the amount of sixteen millions pounds Sterling. 2. The loan shall be dated the first day of April one thousand eight hundred and ninety six and shall be entitled the " Chinese Im- perial Government five per cent Sterling loan of one thousand eight « Concerning the Russian Loan to China in 1895. See the Declaration con- cerning the China 4% gold loan, 1895. Signed at St. Petersburg July 6, 1895 In Russian Reoueil de TraiU, 57. GEBMANT. 57 hundred and ninety six." The loan shall be issued in two series the first of which shall be for ten millions pounds Sterling and shall be issued as soon as possible after the signing of this agreement. The balance of the loan shall be issued not later than the first of October of the present year, the two Series to be extinguished simultaneously. 3. The rate of the interest for the loan shall be five per cent per annum on the nominal principal that is it shall be eight hundred thousand pounds per annum and shall be paid by the Chinese Gov- ernment to the Syndicate in monthly instalments calculated from the first day of April one thousand eight hundred and ninety six and in accordance with the amounts and dates of the Schedule attached to this Agreement. 4. The term of the loan shall be thirty six years and repayment of principal shall be made by a yearly sinking fund of one hundred and sixty six thousand nine hundredlind JiTty^ t^vo pounds Sterling which shall be paid by the Chinese Government to the Syndicate in monthly instalments in accordance with the amounts and dates of the Schedule attached to this Agreement. During the term of thirty six years the amortisation shall not be increased nor the loan redeemed nor converted by the Chinese Government. 5. The total monthly payment due for amortisation and interest and amounting to eighty thousand five hundred and seventy nine pounds six shillings and eight pence shall be made in equal shares and in accordance with the amounts and dates of the Schedule at- tached to this agreement to the Hongkong and Shanghai Banking Corporation and Deutsch Asiatische Bank by the Imperial Gov- ernment of China who shall hand to these banks at their branches in Shanghai on the date named in the Schedule funds in Shanghai Sycee sufficient, to meet each such payment in sterling in Europe the rate of exchange for which shall be settled with those two banks on the same day. The Syndicate retains the right to re-arrange the service of interest and repayment of principal to the Bondholders on such terms as it deems advisable. G. The Syndicate shall issue and is hereby authorised to issue to subscribers of the loan bonds for the total amount of the loan in pounds Sterling in such form in such language and for such amounts as shall appear advisable to the Syndicate and these bonds shall be sealed by the Minister for China in London or Berlin as evidence that the Imperial Government of China is bound thereby. 7.. This entire loan of sixteen millions pounds, subject to previous loans charged on the same security and not yet redeemed, shall be charged on the Imperial Maritime Custom's Eevenue of China and shall have priority both regarding principal and interest over all future loans charges and mortgages so long as this loan or any part thereof shall be unredeemed. No loan, charge or mortgage shall 58 . GBBMANY. be raised or created which shall take precedence of or be on equality with this loan or which shall in any manner lessen or impair its security over the said Customs Ke venue so far as required for the amiual service of this loan and any future loan charge or mortgage (which) shall be charged on the said Customs revenue shall be made subject to this loan and it shall be so expressed in every agreement for any such future loan charge or mortgage. In the event of the Imperial Maritime Customs Revenue of China at any time proving insufficient to support the service of the interest or repayment of the principal of this loan the Imperial Chinese Government will provide the funds required for the same from other sources. The administration of the ImperialJVIaritime Customs of China shall con- tinue as at iDresent constituted during^the currency of this lofyi. ~8~ This loan shall be further secured by Customs Bonds for the total amount in Sterling of the loan's principal and interest issued and sealed by the Tsung-li-yamen and the Board of Revenue, Peking, and countersigned by the Inspector General of Customs and all such Customs Bonds shall contain the priority clause number se\en of this Agreement. Th ese Cu stoms bonds _shall_ be handed_ in equgl.shares to the Imperial German Legation, Peking, and the Hongkong and Shanghai banking Corporation before payment to the~Cliinese' Gov- ernment of the proceeds of the loan. !). This loan shall be further colaterally secured by deposit with the Hongkong and Shanghai Banking Corporation and the Deutsch Asiatische Bank of sterling Customs Bonds equal in value altogether to the total amount of the loan principal and interest sealed by the Chinese Superintendent of Customs at Shanghai and by the Viceroj' of the Liang-kiang Provinces aiid countersigned by the foreign Com- missioner of Customs at Shanghai. These Customs bonds shall be handed to the Hongkong and Shanghai Banking Corporation and Deutsch Asiatische Bank at their branches in Shanghai in equal shares on or before the fifteenth day of April next and in the event of the money to meet a payment of interest or sinking fund not being handed to the Hongkong or Shanghai Banking Corporation and Deutsch Asiatische Bank at their Branches in Shanghai on due date shall be available for payment of Imperial Maritime Customs d,uti§s at all or any of the treaty ports of China the authoritiesof which shall be instructed by Imperial Edict accordingly or shall be avail^ able in such other manner as stated in the Bonds. * 10. No further loans shall be issued by the Chinese Imperial Gov- ernment until a period of six months has elapsed after the issue of the total amount of the loan. 11. All bonds and coupons and payments made and received in connection with service of this loan shall be exempt from Chinese taxes and imposts forever. GBBMANY. 59 12. All details necessary for the prospectus and connected with the service to the bondholders of the interest and repayments of the principal of this loan not herein explicitly provided for shall be left to the arrangement of this Syndicate who shall issue and are hereby authorized to issue a prospectus of the loan as soon as pos- sible after the signing of this agreement. The Imperial Government of China will instruct the Chinese Customs Commissionary in Lon- don to co-operate with the representatives of the Syndicate in any matter requiring conjoint action, and the Chinese Minister in Berlin will sign t he prospectus j)f the loan as required by tliejules_jaf_the Berlin Stcxik Exchange. 13. The Syndicate hereby taxes the loan firm at the price of ninet y- lour per cent net on the nominal principal to the Chinese Govern- ment and will hold the net proceeds, namely fifteen millions and forty thousand pounds sterling to the order of the Chinese Govern- ment in London as soon as possible after the signing of this Agree- ment, and in such instalments and at such dates as the provisions of the Prospectus shall admit. The sum of eight millions pounds ster- ling shall be made so available not later than the sixth day of May next. 14. In the event of any extraordinary political or financial crisis taking place in Europe within six months by which the markets and the prices of existing Government stocks are so violently affected as to render the successful issue of the balance of this loan impossible on the terms herein named, the Syndicate have the right to withdraw from their contract with the Chinese Imperial Government which shall in that case become null and void so far as regards the balance of this loan then unissued. 15. The provisions of this Agreement shall immediately after sig- nature and before the issue to the public of the prospectus of the loan be confirmed and sanctioned by an Imperial Edict which shall be officially communicated by the Tsungli Yamen to the Minister for Germany and Charge d'Affaires for Great Britain in Peking. 16. The English and German Syndicates shall take the loan in equal shares and without responsibility for each other. 17. Triplicate sets of this agreement are executed in English and Chinese, one set to be retained by each contracting party. In the event of any doubt arising regarding the interpretation of the con- tract the English text shall be accepted as the standard. 18. Signed by the contracting parties this day of the second month of the twenty second year of the Emperor Kuang Hsu, being the twenty eighth day of March one thousand eight hundred and ninety six Western Calendar. 60 GEEMANT. Schedule of interest and sinking fund payments. Date. Interest. SinJcine fund. Total. August 20 -— 1896. £ s. d. 133,333 6 8 1i«.333 6 8 133,333 6 a 66,666 13 4 68,666 13 4 66,666 13 4 £ s. d. 27,825 6 8 27,823 6 8 27,825 6 8 13,912 13 4 13,912 13 4 13,912 13 4 £ s. d. 161,158 13 4 181,15813 4 September 20 161,168 IS 4 «483,478 October 20 80,579 6 B November 20 80,579 6 8 December 20 _ _ 80,579 6 8 " Less Interest at 5 per cent on £6,000,000 calculated from first April to the first day of the month of Its Issue, Western Calendar. The same payment of eighty thousand five hundred and seventy nine pounds six shillings and eight pence shall be repeated on the twentieth day of each month of the year one thousand eight hundred and ninety seven AA^estern Calendar and of each succeeding year until the twentieth day of March one thousand nine hundred and thirty two inclusive, that being the last payment, when the loan will be extinguished. QEBMANT. 61 Mo. 14. GERMAIifY— GREAT BRITAIN— CHINA . TIENTSIN-PUKOU RAILWAY AGREEMENT. This Agreement is made at Peldng on the 10th day of the 12th Moon of the 33rd year of Kuang Hsu, corresponding to the 13th day of January, 1908, and the contracting parties are : His Excellency Liang Tun Yen, Acting Junior Vice President of the Wai-wu Pu, duly authorized to act on behalf of the Imperial Government of China of the one part, and (a) the Deutsche-Asia- tische Bang, Shanghai, (b) the Chinese Central Railway, Limited, London, hereinafter called " The Syndicate," of the other part. Article I. The Imperial Government of China authorizes the Syn- dicate to issue a 5% Gold Loan for an amount of five million pounds sterling (£5,000,000.00) . The loan shall be of the date on which the first series of bonds is issued to the public and shall be called the " Imperial Chinese Government Five Percent Tientsin-Pukou Rail- way Loan." Article II. The loan is designed to provide capital for the con- struction of a government railway line from a point connecting with the Imperial Railways of North China at or near Tientsin through Techou and Tsinanfu to Ihsien near the southern frontier of Shan- tung, hereinafter known as the Northern Section of the Tientsin- Pukou Railway Line, and from Ihsien to a point at or near Pukou (opposite Nanking on the Yangtze-kiang) , hereinafter known as the Southern Section of the Tientsin-Pukou Railway Line. The total length of these two sections being about 1085 kilometres, equal to about 2170 Chinese Li. The survey line shall be open to revision by the Director General of the Railway. Article III. The capital so provided s hall be solely de voted to the c onstru ction of the railway l ine includi ng the purchase of land, rolling stock and other equipment, and to the working of the line and to payment of interest on the loan during the period of construction, which is estimated at four years from the actual beginning of the works, the commencement of the works not to he delayed beyond six months after this agreement has been signed, within which period the Syndicate shall notify the Director General that the sum of five hundred thousand pounds sterling (£500,000.00) has been placed at 62 GBBMANY. his disposal, to be held in Europe or remitted to China as he may direct, as a first instalment on account of the proceeds of the loan. This amount of £500,000.00, or whatever portion thereof is actually advanced, together with interest thereon not exceeding a charge of six percent per annum, shall be deducted from the proceeds of the first sale of the bonds. Article IV. The rate of interest for the loan shall be five per cent per annum on the nominal principal and shall be paid to the bondholders half-yearly. The said interest shall be calculated from the date on which the loan is issued to the public and shall be paid f by the Imperial Chinese Government during the time of construction \ either from the proceeds of the loan or from other sources, and after-_ i wards, in the first place, out of the Eevenue of the Kailway, and then from such other revenues as the Chinese Government may think fit to use for the purpose in half-yearly instalments according to the amounts specified in- the schedule attached to this agreement, and fourteen days before their due dates, Western Calendar, as cal- culated half-yearly from the date on which the loan is issued to the public. Article V. The term of the loan shall be thirty years. Kepay- ment of principal shall commence after the expiry of ten years from the date of the loan and except as provided in Article VI. herein- after, shall be made by yearly amortization to the Deutsche Asia- tische Bank and the Hongkong and Shanghai Banking Corporation in half-yearly instalments o ut of the revenues^ of the line or. such other revenue as the Chinese Government^ may think fit t o u§e for the purpose, according to the amount specified in the schedule attached to this agreement, but fourteen days before their due date. Western Calendar, as calculated half-yearly, from the date on which the loan is issued to the public. Article VI. If at any time after the lapse of ten years jfrran^itlS. date of the loan the Imperial Chinese Government should desire to redeem the whole outstanding amount of the loan, or any part of it, not yet due for repayment in accordance with the schedule of repay- ments hereto attached, it may. do so until the 20th year, by payment of a premium of 2| per cent, on the face value of the bonds (that is to say, by payment of £102 10s. for each £100 bond) and after the 20th year without premium ; but in each and every case of such extra redemption, the Imperial C'hinese Government shall give six months notice in writing to the Syndicate and such redemption shall be effected by additional drawings of bonds, to take place on the date of an ordinary drawing, as provided for in the prospectus of the loan. Article VII. The Deutsch-Asiatische Bank and the Hongkong and Shanghai Banking Corporation having been appointed by the GEBMANY. 68 German and British parties of the Syndicate, respectively, Agents for the service of the loan, the half-yearly payments due^for amortisa- tion and interest, referred to in Articles IV. and V., shall be made, in accordance with the amounts of the Schedule attached to this Agreement, and fourteen days before their due dates as fixed by Articles IV. and V., to these Banks by the Director General of the Eailway, who shall hand to said Banks in Shanghai or Tientsin fourteen days before the said due dates in shares to be arranged by the Banks, funds in Shanghai or Tientsin sycee sufficient to meet such payments in gold in Europe, exchange for which shall be settled with the said Banks on the same day, the Railway Administration having, however, the option of settling exchange with the two banks at any date or dates within six months previous to any due date for the repayment of interest and principal. These payments may, how- ever, be made in gold, if the linperial Chinese Government should happen to have gold funds iond fide at their disposaLin Europe not remitted from China for the purpose and desire so to use them. In re-imbursement of expenses connected with the payment of in- terest and the repayment of principal of the loan, the Hongkong and Shanghai Banking Corporation and the Deutsch-Asiatische Bank will receive a commission of one quarter per cent, on the annual loan service. Aeticle VIII. The Imperial Government of China hereby engages that the interest and principal of this loan shall duly be paid in full, and should the Revenue of the Railway or the proceeds of the loan not be sufficient to provide for the due and full payment of in- terest and repayment of principal, the Director General shall memo- rialize the Throne and the Imperial Government of China will there- upon make arrangements to ensure that the amount of the deficiency shall be met from other sources and handed over to the banks on the date upon which funds are required to complete full payment of interest and repayment of principal. Article IX. The loan is hereby secured : 1. By likin and internal revenues of the province of Chihli to the amount of 1,200,000 Haikuan taels a year.- 2. By likin and internal revenues of the province of Shantung to the amount of 1,600,000 Haikuan taels a year, and 3. By revenue of the Nanking likin collectorate (to the amount of 900,000 Haikuan taels a year) and of the Huai-an native customs (to the amount of 100,000 Haikuan taels a year) in the province Kiangsu. The provincial revenues as abovg stated are hereby declared to be free from all other loans, charges or mortgages. So long as principal and interest of the loan are regularly paid, there shall be no interference with these provincial revenues; but if the principal or interest of the loan be in default at due date, then, 64 GEEMANT. after a reasonable period of grace, likin and suitable internal revenues of the three provinces sufficient to provide the amounts above stated shalljo rthwith be transferred to and a dministergd^bx.th e . Jmperial^ Maritim e Customs, in the interest of the bon dholdeire^ And so long as this loan or any part thereol shall remain unredeemed, it shall have priority both as regards principal and interest over all future loans, charges and mortgages charged on the above-mentioned rev- enues of the three provinces. No loan, charge or mortgage shall be -raised or created which shall take precedence of, or be on equality with this loan, or which shall in any manner lessen or impair its security over the revenues of the three provinces as above stated ; and any future loan, charge or mortgage charged on the said revenues ol the three provinces shall be made subject to this loan, and it shall be so expressed in every agreement for every such future loan, charge or mortgage. It is understood and agreed that so long as this loan is unredeemed the railway shall under no circumstances be mortgaged nor its receipts given as security to any other party. In the event of the Chinese Government, during the .currency of this loan, entering upon definite arrangements for the revision of customs tariff accompanied by stipulations for decrease or abolition of likin, it is hereby agreed, on the one hand, that such revision shall not be barred by the fact that this loan is secured by likin and pro- vincial revenues, and, on the other hand, that whatever likin is re- quired to provide the security of this loan shall neither be decreased nor abolished except by previous arrangement with the Syndicate, and then only in so far as an equivalent is substituted for it in the shape of a first charge upon the increase of customs revenue conse- quent upon such revision. Article X. The Syndicate is hereby authorized to issue to the sub- scribers to the loan. Bonds for the total amount of the loan for such amounts as may appear advisable to the Syndicate. The form of the Bonds shall be settled by the Syndicate in consultation with the Director General or the Chinese Ministers in London and Berlin, f The Bonds shall be engr aved in Chinese and English or Chinese and German as may be required; they shall bear the facsimile of the signature of the Director General and of his Seal of Office, in order to dispense with the necessity of signing them all in person. But the Chinese Minister in London or Berlin, as the case may be, shall, previous to the issue of any Bonds, put his seal upon each Bond with a facsimile of his signature, as a proof that the issue and sale of the bonds are duly authorized by, and binding upon, the Imperial Chinese Government, and the representatives of the Syndicate in London and/or Berlin shall countersign the bonds as agents for the issue of the loan. GEBMANY. 65 In the event of bonds issued for this loan being lost, stolen or destroyed, the Syndicate shall imnaediately notify the Director Gen- eral and the Chinese Minister in London and/or Berlin, as the case requires, who shall authorize the Syndicate to insert an advertisement in the public newsp;apers notifying that payment of same has been stopped and to take such other steps as may appear advisable or nec- essary according to the laws and customs of the country concerned, and should such bonds not be recovered after a lapse of time to be fixed by the Syndicate, the Director General or the Chinese Minister in London or Berlin, as the case may be. shall seal and execute dupli- cate bonds for a like amount and hand them to the Syndicate, by whom all expenses in connection therewith shall be defrayed. Article XL All bonds and coupons and payments made and re- ceived in connection with the service of this loan shall be exem[)t from all Chinese taxes and imposts during the currency of this loan. Article XII. All details necessary for the prospectus and con- nected Avith the payment of the interest and repayment of the prin- cipal of this loan, not herein explicitly provided for, shall be left to the arrangement of the Syndicate in consultation with the Chinese Ministers in London and Berlin. The Syndicate is hereby authorized to issue the prospectus of the loan as soon as possible after the sign- ing of this Agreement; and the Imperial Government will instruct the Chinese Ministers in London and Berlin to co-operate with the Syndicate in any matters requiring conjoint action and to sign the prospectus of the loan. Article XIII. The loan shall be issued to the public in two or more series of bonds, the first issue to be made to the amount of £3,000,000 as soon as possible after the signature of this agreement and not later than twelve months from the date thereof. The price to the Imperial Chinese Government of the first series of bonds shall b e 93 pe r cent, of their nominal value. The second and any subse- quent series shall be issued in time to permit of uninterrupted con- tinuance of the work of construction, in amounts to be determined by the Director General, and the pric epayabje^ t o the Chinese Gov - eriiment in respect of the^e series_shffl_J) e thfe actual rate of their iSueTo The public, les^ flotation charges of_54 PSHi^^^JS^iSSJ^lliS- 3ie"Syndicate (that is to say, a charge of £5 iOs. Od. for every £100 bond issued.) Subscriptions will be invited by the S yndicate in Europe and in Ch ina both from Chmese and_EiTropens on equal con- ditions, preference being giveiTTo the application of the Chinese Government, provided such application be made before the issue of the prospectus to the public. Article XIV. The proceeds of the loan shall be paid to the credit of the Tientsin-Pukou Government Railway account with the Hong- 35798—08 5 66 GERMANY. kong and Shanghai Banking Corporation and the Deutsch-Asiatische Bank in China, London or Berlin, as the case may be. Payments of loan proceeds into the credit of this account shall be made in instal- ments and on dates conforming to the conditions allowed to the sub- scribers to the loan. Interest at the rate of 4jerjcent. per a nnum shall, be gra nted on the credit balance of the portion of this accoun t Ifept in London and Berlin, and inter est on the credit balance of th e paEti^nTept in. China wiifipB allow ed at the Banks' rates for currenj, account pr,fixed_degosits, as th e case ma y be ^ be hereafter arranged. ^ After deduction of the fund's required for Hie servFce of interest and for commission on this service during the time of construction, the Banks will hold the net proceeds with accrued interest to the order of the Director General, who, in ordering payment of any sums exceed- ing £20,000 shall give notice to the Banks ten days before the day on which they are required. Requisitions on the loan funds will be drawn in amounts to suit the progress of construction of the Railway by orders on the Hongkong and Shanghai Banking Corporation and the Deutsch-Asiatische Bank respectively, signed by the Managing Director of the Railway, or, in his absence, by his duly authorized representative, and accompanied by his certificates stating the nature and cost of the work to be paid for. Such amounts as may be required for expenditure in China may be transferred by the Managing Director, at his discretion, to Shanghai, the transfers being effected through the Hongkong and Shanghai Banking Corporation and the Deutsch-Asiatische Banks respectively, and the transferred funds shall remain on deposit with those banks until required for railway purposes. The accounts of the railway will be kept in Chinese and English in accordance with accepted modern methods, and will be supported by all necessary vouchers. During the period of construction the said accounts and vouchers will be open at any time t o the inspection of an Auditor, appoin ted and paid by the Syndicate , whose duties will be confined "to certifying to the S.yndicate to the due expenditure of the loan funds in accordance with the provisions of Article 3 of this agreement, and to certifying to a monthly statement of the Foreign Materials purchased by the railway administration under the pro- visions of Article 18 hereinafter. He will arrange with the Railway Administration that his inspections shall take place on such dates and at such intervals as will enable him to efficiently carry out his duties as herein provided. The Railway Administration will publish an- nually upon the close of its financial year, a report, in the Chinese and English languages, showing the working accounts and traffic re- ceipts of the Railway, which report shall be procurable by the public on application. GERMANY. 67 Article XV. If during the time of construction the net proceeds • of the present loan with accrued interest should, after deduction of the sums necessary for the service of interest on the loan, not be suffi- cient to complete the construction and equipment of the railway line, the amount of deficiency shall he provided, in the first place, from such Chinese* funds as may be available so as to permit of the unin- terrupted continuance of the work of construction, any balance then uncovered being supplemented by a further foreign loan, for the amount required to be issued by the Syndicate. The interest and other conditions of such supplementary loan will be the same as in the present Agreement, and the price will be determined as in the case of the second and subsequent issues of the present loan. If after the completion of the line there should be a balance at credit of the rail- way account, such unused balance will be transferred to the credit of the interest reserve fund hereinafter mentioned in Article 21 as a pro- vision for payments for which the Imperial Chinese Government is I'esponsible under this Agreement. Article XVI. If, before the publication of the prospectus for the issue of the loan, any political or financial crisis should take place by which the market and the prices of existing Chinese Government stocks are so effected as to render, in the opinion of the Syndicate, the successful issue of the loan impossible on the terms herein named, the Syndicate shall be granted further extension of time, but not beyond 18 months from the date of this Agreement, for the per- formance of their contract. If within this time limit the first series of the loan shall not have been issued, then this contract shall become null and void, and any advances made by the Syndicate under the provision of Article 3 shall be repaid by the Chinese Government with accrued interest, but without any other compensation or remuneration whatsoever. Article XVII. The construction and control of the railway will be entirely vested in the Imperial Chinase Government. For the work of construction of the Northern and Southern sections respec- tively the Imperial Chinese Government will select and appoint fully qualified German and British Chief Engineers, acceptable to the Syndicate. In the event of the Syndicate objecting to any pro- posed appointment, the cause of such objection shall be definitely stated. These two Chief Engineers shall be under the orders of the Managing Director, or, in his absence, his duly authorized repre- sentative, and will carry out all the wishes of the Railway adminis- tration with regard to the plan and construction of the line. In their general conduct they shall pay all due respect to the Director General and the Managing Director. The terms of their respective agree- ments will be arranged by the Director General on his sole authority. (^8 GERMANY. Whenever appointments are to be made or functions are to be defined of the technical employes on the railway staff as well as in the case of their dismissal, the Managing Director or, in his absence, his duly appointed representative, will act in consultation with the Chief Engineer of the section concerned and, in the case of disagree- ment, the matter will be referred to the Director General Avhose decision shall be final. After completion of construction the Imperial Chinese Govern- ment will administer both sections as one undivided Government Eailway and will appoint an Engineer-in-Chief, — who during the period of the loan shall be a European, — without reference to the Syndicate. Article XVIII. For the Northern and Southern sections of the Railway respectively the Deutsch-Asiatische Bank and the Chinese Central Railways Limited will act as Agents of the Railway Admin- istration during such construction, for the purchase of all materials, plant and goods required to be imported from abroad. For all im- portant purchases of such material, tenders shall be called for by the Managing Director ; and in the case of all tenders, indents and orders for the importation of goods and materials from abroad, the said Agen.ts shall purchase the materials required on the te rms most a4- vantageous to the Railway, and shall charge the origin al net cost o f t he same plu s a commission o f five p er cent. It is understood that no orders for materials shall be executed or any expenditure incurred without due authorization by the Managing Director. I In return for payment of commission as above stated the Deutsch- Asiatische Bank and the Chinese Central Railways Limited as Agents within their respective sections, shall be prepared to superin- tend the purchase of all foreign materials required for the construc- tion and equipment of the Railway, which shall be purchased in the open market at the lowest rate obtainable, it being understood that all such materials shall be of good and satisfactory quality, and that the Railway Administration shall have the right to reject on arrival in China materials which do not come up to specifications. At equal rates and qualities goods of German and British Manufacture shall be given preference over other_goods_of foreign origi n for the Nort,h - erirald''5outFern sections respectively. The Railway Administration reserves the right, while paying the_ above stipulated comm ission. to tlie~said Agents in respect of all purchases of foreign materials, to avail itself of the services of ot"her~agents in China oFabroad should it see fit to do so. Original invotces"aiid Inspector's certifi- cates are to be submitted to the Managing Director; all return comr missions and rebates of every description shall be credited to the Railway; and all purchases made by the Agents on behalf of the GEBMANY. 69 Railway shall be supported by manufacturers' original invoices and inspectors' certificates. No commission shall be paid to the Agents except as above pro- vided; but it is understood that the Railway Administration shall provide out of the Railway funds for the remuneration of consulting engineers whenever their services are engaged. With a view to the encouragement of Chinese industries, prefer- ence will be given, at equal prices and qualities, over British, German or other foreign goods, to Chinese materials and goods manufac- tured in China. No commission will be paid on purchases of such materials and goods. It is understood and agreed that after the construction of the line is completed, the Deutsch-Asiatische Bank and the Chinese Central Railways Limited, within their respective sections, will be given the preference for such agency business during the currency of the loan for the supply of foreign materials as the Railway Adminis- tration may require, on terms to be hereafter mutually agreed upon. Article XIX. Branch lines in connection with the Railway line mentioned in this agreement that ma}' appear profitable or neces- sary later on shall be built by the Imperial Chinese Government with funds at their disposal from Chinese sotirces, and if foreign capital is required preference will be given to the Syndicate. Article XX. By the preliminary agreement under Imperial sanc- tion a participation of 20 per cent, of the net profits of the Railway had been promised to the Syndicate in remuneration for their gen- eral responsibility and services. In commutation of this participa- tion in net profits the Syndicate is granted the right to retain £200,000 out of the first issue of this loan, in instalments and on dates based on, and in proportion to, the terms of the subscription to the loan as stated in the prospectus. No further payment in respect of commu- tation of profits will be allowed on any subsequent series of the loan, or on any supplementary loan. Article XXI. After payment of interest and repayment of prin- cipal of the loan for any current year, the Railway Administra- tion will deposit with Deutsch-Asiatische Bank and the Hongkong and Shanghai Banking Corporation in Shanghai or Tientsin any surplus of the net revenue of the railway line for that year up to the amount required to pay the following year's instalments of in- terest on the loan ; the rate of interest on the deposit being arranged with the Banks from time to time with due regard to the conditions of the market. Article XXII. The Deutsch-Asiatische Bank and the Chinese Central Railways Limited may, subject to all their obligations under this agreement, transfer or delegate all or any of their rights, powers 70 GERMANY. and directions thereunder to any German or British Company, Di- rectors, or Agents with power of further thansfer, and sub-delega- tion; such transfer, sub-transfer, delegation or sub-delegation to be subject to the approval of the Director General. Article XXIII. This Agreement is signed under authority of an Imperial Edict dated the 10th day of the 12th Moon of the 33rd year of Kuang Hsu, corresponding to the 13th day of January, 1908, West- ern Calendar, which has been officially communicated to the ministers of Great Britain and Germany in Peking by the Wai-wu Pu. Article XXIV. Five sets of this Agxeement are executed in Eng- lish and Chinese, three sets to be retained by the Imperial Chinese Government and two by the Syndicate. In the event of any doubt arising regarding the interpretation of the Contract the English text shall rule. Signed at Peking by the contracting parties the 10th day of the 12th Moon of the 33rd year of Kuang Hsu, corresponding to the 13th day of January, 1908, Western Calendar. [Stamp of the Official Seal of the Wai-wu Pu.J Liang Tun Yen' [Deutsch-Asiatische Bank.] [Chinese Central Railways Limited.] H. Cordes J. O. P. Bland, Representative. TiENTSIN-PUKOU RAILWAY I.OAN. £5,000,000 AT 5 PER CENT, THIBTY YeABS. Schedule of payments of interest and repayments of principal. Years. Interest. Principal. Total prin- cipal re- paid. Principal stiU oul^ standing. 1— — — £125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 126,000 118,750 118,760 112,600 112,600 106,260 108,260 £5,000,000 2 — 3 5,000,000 5,000,000 5,000,000 5 5,000,000 5,000,000 7 -^ 10 -__::Zi- 5,000,000 5,000,000 5,000,000 5,000,000 4,750,000 4,500,000 4,250,000 4,000,000 13 £125,000 125,000 125,000 126,000 125,000 125,000 125,000 125,000 £250,000 500,000 750,000 1,000,000 GEEMANY. 71 TiBNTSIN-PUKOU RAILWAY LOAJST. £5,000,000 AT 5 PBB CENT, THIRTY TBABS COD. Schedule of payments of interest and repayments of principal — Continued. Tears. Interest. Principal. Total prin- cipal re- paid. Principal stiU out- standing. 15. 16. 17. 18. 19- 20- 21. 22. 23. 24. 25. 27.. 30-. £125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 125,000 £1,250,000 1,500,000 1,750,000 2,000,000 2,250,000 2,500,000 2,760,000 3,000,000 3,250,000 3,500,000 3,760,000 4,000,000 4,250,000 4,500,000 4,750,000 6,000,000 £3,760,000 3,500,000 3,260,000 3,000,000 2,750,000 2,500,000 2,250,000 2,000,000 1,750,000 1,500,000 1,250,000 1,000,000 750,000 500,000 250,000 NOTE.— Pending the issue ol the final series of this loan in terms of article 13 of the agreement, the half-yearly interest on the series actually issued shall be calculated pro rata in respect to the amounts of such series on the basis of the present schedule for the total amount of £5,000,000, but it shall be so arranged that the dates of payment of the second and any sub- sequent series shall coincide with those of the first series, in such way that, when all the series have been issued, the half-yearly service of principal and interest ol the loan may be brought into line in respect to dates of payment. 72 GREAT BRITAIN. N'O. 15. GREAT BRITAIN. GKEAT BRITAIN— CHINA. AGREEMENT FOR TRANSFER OF PBKING-SHANHAIKUAN RAILWAY TO CHINESE CIVIL ADJIINISTRATION. Signed at Peking April 29, 1902." The British Military Authorities are prepared to hand over to the Administrators-General of the Northern Eailways the railway from Peking to Shanhaikuan, including the extensions to Tungchou, Cheng-yang-Men (Ch'ien Men) and inside the Yung-ting Men, on the following conditions: 1. Whereas by Article 9 of the Protocol of September 7 the Chi- nese Government accorded to the Powers the right of occupying cer- tain points to be determined by agreement among themselves, for the purpose of maintaining free communication between Peking and the sea, and the railway is essentially the principal line of communi- cations, the Chinese Government undertake to give precedence to the transport of troops occupying these points and Legation guards, horses, artillery, stores and all military impediments, in accordance with the annexed regulations for militaiy traffic on the line from Shanhaikuan to Peking. 2. The Administrators-General agree, as long as the military posts referred to in Article 1 are maintained, that a military co-director and two military deputy co-directors shall be retained, to attend to the requirements of military traffic. All such requirements, whether in transport of works, shall be arranged by the military Co-director with the Chinese Administration, who will give orders for their ful- filment. The position of Co-director will be held by a British officer while the German and Japanese Military Authorities will each have the power to appoint one of the deputy co-directors. 3. To facilitate communication between the various contingents and the railway administration the commanding officers may as long as the military posts are maintained appoint Station Officers at all "Chinese text published in Yo cluing ch'ciig, etc., XXXVII." 10. See also Recueil de TrAiU, 546. GEEAT BRITAIN. 73 the Stations which appear to them to be of special importance, and every facility will be afforded to them to guard the interests of their contingents. For this purpose they will correspond direct with the British military co-director. 4. The Administrator-General of the Northern Eailways agrees to appoint an officer to take over, after verification, and fulfil all en- gagements and agreements whatsover entered into by the British Railway Administration previous to the date of handing over. The same course shall be adopted with regard to the buildings occupied at Tientsin by the British Railway Authorities, whether as offices or quarters, should the Chinese Administration be called upon to take them over. 5. Subject to the conditions of Article 2, the fixing of rates for the conveyance of civil passengers and goods, the repairs and construc- tion, time-tables, contracts, indents for material and rolling-stock, the keeping of accounts, in short every matter, except the requisition- ing of trains for the conveyance of foreign troops, horses, artillery, stores and other military impediments, will be entirely in the hands of the Chinese Administration, as it was previous to the line being taken possession of by the Allied Military Authorities in 1900. G. The accounts of the British Railway Administration from the date on which it took over charge from the German Military Head Quarters up to the date of the handing back to the Chinese Adminis- tration shall be examined and audited by two auditors, one appointed by the Officer Commanding the British Contingent in North China and the other by the Chinese Administration. 7. No part of the lines or stations existing at the date of the signa- ture of this agreement shall be removed without communications or accommodation being first provided in lieu thereof. All such changes shall, before being carried out, be referred by the Chinese Administra- tion to the Military Commanders through the military co-director and their concurrence obtained. 8. The railway telegraph lines shall be handed over concurrently with the railways, but the military authorities shall have the right to establish a line for military purposes on the railway telegraph poles. Until this line is in working order military telegrams shall be treated in accordance with rule 12 in the annexed regulations for military traffic, precedence being given over all other messages to telegrams marked " urgent " or " clear the line " despatched by the various military commanders and the officers commanding posts and officers commanding Legation guards. 9. The transfer to the Chinese Administration shall take place on the same day as the Russian Military Authorities surrender the por- tion of the Shanhaikuan Railway Station and buildings including 74 GBEAT BBITAIN. the bridge works and the portion of line from Shanhaikuan up to and including the bridge at the Great Wall near Shanhaikuan now held by them and not before or on the 1st of June whichever is the later date. 10. The full consent in writing of the military commanders having troops posted on the line of communications in accordance with the 9th. Article of the Protocol of September 7, 1901, as well as that of the Representatives of Foreign Powers maintaining guards for their Legations at Peking shall be obtained by the Chinese Government to the transfer from the British Military Arfthorities to the Chinese Administration before this agreement comes into force. Signed at Peking, this twenty-ninth day of April one thousand nine hundred and two. (Sgd) Ernest Satow (Sgd) Yuan Shih-kai (Sgd) Hu ytJ-FEN GBEAT BRITAIN. . 75 No. 16. GREAT BRITAIN— CHINA. ADDITIONAL AGREEMENT RESPECTING THE MANAGEMENT OF THE NORTHERN RAILWAYS AND THE BUILDING OF NEW BRANCH LINES. Signed at Peking, April 29, 1902. For the better management of the railways after the British Mili- tary Authorities have handed them over to the Chinese Administra- tion, in the interests of the Chinese public revenue and of the British bondholders, the following Regulations have been agreed to by the Administrators-General Yuan and Hu in consultation with Sir Ernest Satow, His Britannic Majesty's Minister : 1. Under the authority of Their Excellencies Yuan and Hu, the Administrators-General of the Northern Railways, the Board of Ad- ministration of the Peking- Shanhaikuan railway shall be constituted as follows: Managing Director, Foreign Director, General Manager (British) specially to control the works, foreign and native workmen, the inspection of materials, etc. Representive of the British and Chinese Corporation (unsalaried) sjjecially to deliberate in important railway matters. To assist in the transaction of international business there shall be an English Secretary and a Chinese Translator. There shall also be a competent European storekeeper. All appointments whatsoever of officials or employes on the rail- way or in the departments thereof shall be subject to the approval of the Board and of the Administrators-General. 2. All rolling-stock, materials, etc., obtained from foreign countries for the use of the railways shall as far as possible be purchased by means of public tenders. 3. The books shall be audited annually by a qualified accountant not connected with the railways, selected by the Representative of the British and Chinese Corporation. The results of the annual work- ings of the railways shall be published in the same manner as the Imperial Maritime Customs Reports. 4. It is agreed that the lines from the Ch'ien Men at Peking to Fengtai, and from Peking to Tungchow, constructed by the British 76 . GEEAT BRITAIN. Railway Administration, shall be added to and form part of the rail- ways of North China pledged as security for the loan of £2,300,000 by paragraph 3 of the agreement between His Excellency Hu and the British and Chinese Corporation dated October 10th, 1898. 5. Under Clause 3 of the Agreement dated October 10th, 1898, it is stipulated that the construction of branch lines or extensions shall be undertaken by the ISTorthern Railways Administration, and the intent of this stipulation is hereby confirmed in order to secure the existing interests of tlie raihvays. l^is therefore agreed th at the construction of anj?^ newrailway within a distance of eighty miles of any por t ion of the existing lines, for which concessio ns have not been signed previous to the date oFtEfs Agreement shall be undertaken by the AdmmsEratOTS^Geiieral of _tlie Impeidal Xoxiliueiai-RaiI^a;j;g. Such Lines as the following: A northern line from Peking or Fengtai to the Great Wall ; A chord line from Tungchow to Kuyeh or Tongshan; A line from Tientsin to Paoting Fu; shall not, in view of the interests of the Imperial Northern Railways, be allowed to fall into other hands. Signed at Peking this twenty-ninth day of April, one thousand nine hundred and two. (Signed) Ernest Satow. (Signed) Yuan Shih K'ai. Hh Yu Fe^t. GREAT BRITAIN. 77 No. 17. GREAT BEITAES^-CHINA. CONVENTION BETWEEN THE UNITED KINGDOM OP CHINA RESPECT- ING THE EMPLOYMENT OP CHINESE LABOUR IN BRITISH COLO- NIES AND PROTECTORATES." Signed at London, May 13, 1904. Whereas a Convention between Her Majesty Queen Victoria and His Majesty the Emperor of China was signed at Peking on the 24th October, 1860. by Article Y of which His Imperial Majesty the Em- peror of China consented to allow Chinese subjects, wishing to take service in British Colonies or other parts beyond the seas, to enter into engagements Avith British subjects, and to ship themselves and their families on board of British vessels at the open ports of China in conformity with Regulations to be drawn up between the two Gov- ernments for the jDrotection of such emigrants : And whereas the aforesaid Regulations have not hitherto been framed, His Majesty the King of the United Kingdom of Great Brit- ain and Ireland and of the British Dominions beyond the Seas, Em- peror of India, and His Majesty the Emperor of China have accord- ingly appointed the following as their respective Plenipotentiaries, that is to say : His Majesty the King of the United Kingdom of Great Britain and Ireland of the British Dominions beyond the Seas, Emperor of India, the Most Honourable Henry Charles Keith Petty-Fitz- maurice, Marquess of Lansdowne, His Majesty's Principal Secretary of State of Foreign Affairs ; and His Majesty the Emperor of China, Chang Teh-Yih, Brevet Lieu- tenant-General of the Chinese Imperial Forces, His Imperial Maj- esty's Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; And the said Plenipotentiaries having met and communicated to each other their respective full powers, and found them in good and due form, have agreed upon and conchided the following Articles : — Article I. As the Regulations to be framed under the above-mentioned Treaty were intended to be of a general character, it is hereby agreed " British Parliamentary publication. Africa. No. 6 (1904). 78 GREAT BRITAIN. that on each occasion when indentured emigrants are required for a particular British Colony or Protectorate beyond the seas, His Bri- tanic Majesty's Minister in Peking shall notify the Chinese Govern- ment, stating the name of the particular Colony or Protectorate for which the emigrants are required, the name of the Treaty port at which it is intended to embark them, and the terms and conditions on which they are to be engaged; the Chinese Government shall thereupon, without requiring further formalities, immediately in- struct the local authorities at the specified Treaty port to take all the steps necessary to facilitate emigration. The notification herein re- ferred to shall only be required once in the case of each Colony or Protectorate, except when emigration under indenture to that Col- ony or Protectorate from the specified Treaty port has not taken place during the preceding three years. ARTIfLE TI. On receipt of the instructions above referred to, the Taotai at the port shall at once appoint an ofilcer, to be called the Chinese In- spector, who, together with the British Consular Officer at the port, or his Delegate, shall make known by Proclamation and by means of the native press the text of the Indenture which the emigrant will have to sign, and any particulars of which the Chinese officer con- siders it essential that the emigrant shall be informed, respecting the country to which the emigrant is to proceed, and respecting its laws. ARTICLE III. The British Consular Officer at the port, or his Delegate, shall con- fer with the Chinese Inspector as to the location and installation of the offices and other necessary buildings, hereinafter called the Emi- gration Agency, which shall be erected or fitted up by the British Government, and at their expense, for the purpose of carrying on the business of the engagement and shipment of the emigrants, and in which the Chinese Inspector and his staff shall have suitable accom- modation for cnirying or, tlieir duties. Article lY 1. There shall be posted up in conspicuous places throughout the Emigration Agency, and more especially in that part of it called the Depot, destined for the reception of intending emigrants, copies of the Indenture to be entered into with the emigrant, drawn up in the English and Cliinese languages, together with copies of the special Ordinance, if any, relating to immigration into the particular Colony or Protectorate for which the emigrants are required. GREAT BEITAIN. 79 2. There shall be kept a Register in English and in Chinese, in which the names of intending indentured emigrants shall be in- scribed, and in this Register there shall not be inscribed the name of any- person who is under 20 years of age, unless he shall have pro- duced proof of his having obtained the consent of his parents or other lawful guardians to emigrate, or, in default of these, of the Magistrate of the district to which he belongs. After signature of the Indenture according to the Chinese manner, the emigrant shall not be permitted to leave the Depot, previously to his embarkation, without a pass signed by the Chinese Inspector, and countersigned by the British Consular Officer or his Delegate, unless he shall have, through the Chinese Inspector, renounced his agreement and with- drawn his name from the register of emigrants. 3. Before the sailing of the ship each emigrant shall be carefully examined by a qualified Medical Officer nominated by the British Consular Officer or his Delegate. The emigrants shall be paraded before the British Consular Officer or his Delegate and the Chinese Inspector or his Delegate, and questioned with a view to ascertain their perfect understanding of the Indenture. Article V. All ships employed in the conveyance of indentured emigrants from China under this Convention shall engage and embark them only at a Treaty port, and shall comply with the Regulations contained in the Schedule hereto annexed and forming part of the Convention. Article VI. For the better protection of the erhigrant, and of any other Chinese subject who may happen to be residing in the Colony or Protectorate to which the emigration is to take place, it shall be competent to the Emperor of China to appoint a Consul or Vice-Consul to watch over their interests and well-being, and such Consul or Vice-Consul shall have all the rights and privileges accorded to the Consuls of other nations. Article VII. Every Indenture entered into under the present Articles shall clearly specify the name of the country for which the labourer is required, the duration of the engagement, and, if renewable, on what terms, the number of hours of labour per working day, the nature of the work, the rate of wages and mode of payment, the rations, clothing, the grant of a free passage out, and, where such is provided for therein, 80 GREAT BRITAIN. a free passage back to the port of embarkation in China for himself and family, right to free medical attendance and medicines, whether in the Colony or Protectorate or on the voyage from and to the port of embarkation in China, and any other advantages to which the emi- grant shall be entitled. The Indenture may also provide that the emigrant shall, if considered necessary by the medical authorities, be vaccinated on his arrival at the Depot, and, in the event of such vaccination being unsuccessful, revaccinated on board ship. Aeticij; VIII. The Indenture shall be signed, or in cases of illiteracy marked, by the emigrant after the Chinese manner, in the presence of the British Consular Officer or his Delegate and of the Chinese Inspector or his Delegate, who shall be responsible to their respective Governments for its provisions having been clearly and fully explained to the emi- grant previous to signature. To each emigrant there shall be pre- sented a copy of the Indenture drawn up in English and Chinese. Such Indenture shall not be considered as definitive or irrevocable until after the embarkation of the emigrant. Ajrticle IX. In evei y British Colony or Protectorate to whicli indentured Chi- nese emigrants proceed, an officer or officers shall be appointed, whose duty it shall be to insure that the emigrants shall have free access to the Courts of Justice to obtain the redress for injuries to his person and property which is secured to all persons, irrespective of race, by the local law. Article X. During the sojourn of the emigrant in the Colony or Protectorate in which he is employed, all possible postal facilities shall be afforded to him for communicating with his native country, and for making remittances to his family. Article XL With regard to the repatriation of the emigrant and his family, whether on the expiration of the Indenture or from any legal cause, or in the event of his having been invalided from sickness or dis- ablement, it is understood that this shall always be to the port of ship- ment in China, and that in no case shall it take place by any other means than actual conveyance by ship, and payment of money to the returning emigrant in lieu of passage shall not be admissible. GREAT BRITAIN. 81 Article XII. Nothing in any Indenture framed under these Articles shall con- stitute on the part of the employer a right to transfer the emigrant to another employer of labour without the emigrant's free consent and the approval of his Consul or Vice-Consul ; and should any such transfer or assignment take place, it shall not in any way invalidate any of the rights or privileges of the emigrant under the Indenture. Article XIII. It is agreed that a fee on each indentured emigrant shipped under the terms of this Convention shall be paid to the Chinese Govern- ment for expenses of inspection, but no payment of any kind shall be made to the Chinese Inspector or any other official of the Chinese Government at the port of embarkation. The above fee shall be paid into the Customs bank previous to the clearance of the ship, and shall be calculated at the following rate : — 3 Mexican dollars per head for any number of emigrants not exceeding 10,000, and 2 dollars per head for any number in excess thereof, provided they are shipped at the same Treaty port, and that not more than twelve months have elapsed since the date of the last shipment. Should the port of embarkation have been changed, or a space of more than twelve months have elapsed since the date of the last ship- ment, inspection charges shall be paid as in the first instance. Article XIV. The English and Chinese text of the present Convention have been carefuUy compared, but in the event of there being any difference of meaning between them, the sense as expressed in the English text shall be held to be the correct sense. Article XV. The present Convention shall come into force on the date of its signature and remain in force for four years from that date, and after such period of four years it shall be terminable by either of the High Contracting Parties on giving one year's notice. In witness whereof the Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done at London in four copies, two in English and two in Chinese, this thirteenth day of May of the year 1904. (Signed) Lansdowne. T. Y. Chang. 35798—08 6 82 GEEAT BRITAIN. SCHEDULE. REGULATIONS. Ships employed in the transport of indentured emigrants from China under this Convention must be seaworthy, clean, and properly ventilated, and, with regard to the following matters, shall comply with conditions as far as possible equivalent to those in force in British India with reference to the emigration of natives from India : — Accommodation required on board {vide section 57 of " The Indian Emigration Act, 1833 "). Sleeping accomodation, consisting of wooden sheathing to the decks or sleeping platforms {vide rule regarding " iron decks," as amended the 16th August, 1902, in Schedule "A" to the rules under "The Indian Emigration Act, 1883 "). Rules as to space on board {vide section 58 of " The Indian Emi- gration Act, 1883"). Carriage of qualified surgeon, with necessary medical stores. Storage of drinking water {vide rule 113, as amended the 24th February, 1903, under " The Indian Emigration Act, 1883 ") . Provision of adequate distilling apparatus {vide Schedule " C " to the rules under " The Indian Emigration Act, 1883 "). The dietary for each indentured emigrant on board ship shall be as follows per day: — Not less than Rice, not less than IJ lb., or flour or bread stuffs 1^ lb. Fish (dried or salt) or meat (fresh or preserved) OJ " Fresh vegetables of suitable kinds OJ " Salt 1 oz. Sugar U " Chinese tea OJ " Chinese condiments in sufficient quantities. Water, for drinking and cooking 1 gal. or such other articles of food as may be substituted for any of the articles enumerated in the foregoing scale as being in the opinion of the doctor on board equivalent thereto. >^otes exchanged between the marquess of lansdowne and the chinese minister on signing convention of mat 13, 1904. Foreign Office, May 13, 1904. Sir, By Article VI of the Convention about to be concluded be- tween Great Britain and China with regard to Chinese subjects GREAT BRITAIN. 83 leaving the Treaty ports of China under Indenture for service in British Colonies or Protectorates it is provided that :— " For the better protection of the immigrant and of any other Chi- nese subject who may happen to be residing in the Colony or Pro- tectorate to which the emigration is to take place, it shall be com- petent to the Emperor of China to appoint a Consul or Vice-Consul to watch over their interests and well-being, and such Consul or Vice- Consul shall have all the rights and privileges accorded to the Con- suls of other nations." His Majesty's Government consider it specially important that the persons appointed to occupy, for the purpose named, the position of Consul or Vice-Consul should be experienced officers of Chinese na- tionality, that they should be exclusively in the service of the Em- peror of China, and that in each case the name of the person selected should be communicated to His Majesty's Government, and their agreement to the appointment obtained. I have the honour to inquire whether the Chinese Government are prepared to meet the wishes of His Majesty's Government in the matter. If so, and if you will inform me accordingly, this note and your reply might be attached to the Convention in order to place on formal record the arrangement concluded. I have &c. (Signed) Lansdowne. Chang Ta-Jen, c&c, (Sic., <&c. Chinese Legation, May 13, 190k. My Lord Marquess, In reply to your Lordship's note of this date, I have the honour to state that the Chinese Government are in entire accord with His Britannic Majesty's Government as to the great importance they attach to the Consuls and Vice- Consuls to be appointed under Ar- ticle VI of the Convention about to be concluded between the two Governments being men of great experience, and will consider it a duty which they owe to the emigrant to confine the selection of these officers to such as in all respects conform to the requirements specified in the note above referred to, which, together with the present one, it has been mutually agreed shall, in proof of this understanding, be appended to the said Convention. I have, &c. (Signed) T. Y. Chang. The Marquess or Lansdowne, K. G., (Sic, c&c, c&c. g4 GBEAT BRITAIN. INTo. 18. aBEAT BRITAIN— CHIKA. CONVENTION BETWEEN GREAT BRITAIN AND CHINA RESPECTmG THE JUNCTION OF THE CHINESE AND BURMESE TELEGRAPH LfNES BEING A REVISION OF THE CONVENTION OF SEPTEMBER THE 6TH, 1894. Signed at Peking, May 23, 1905. AETICIiE I. The Government of His Majesty the King of the United Kingdom of Great Britain and Ireland, Emperor of India, and the Govemment of His Majesty the Emperor of China with a view of facilitating international telegraph communication have resolved to revise the. existing agreement regarding the exchange of telegraphic correspond- ence over the lines of the two states on the frontier of Burma and Yunnan. Article II. The junction on the frontier remains as hitherto between the Brit- ish station at Bhamo and the Chinese station at Tengyueh (Momein) , and an intermediate station will continue to be maintained at Man- wyne. Article III. The Indian and the Chinese Administrations shall maintain in good condition the line of connection and shall exchange the corre- spondence by wire between the two stations named in Article II. or between any other two stations hereafter mutually agreed upon. Each of the contracting parties shall bear the expense incurred for these purposes on its own territory and will take care that the boundaries between the territories of the two governments are scru- pulously respected. Article IV. The rules laid down in the Service Regulations of the International Telegraph Convention shall be observed with regard to the technical treatment of telegrams transmitted over the line of connection de- scribed in Article II. When the senders of telegrams do not expressly indicate the route by which they wish their telegrams to be forwarded it is understood GEBAT BRITAIN. 85 that at lower rates all limitrophe correspondence and at equal rates half the limitrophe correspondence shall be forwarded via the line of connection described in Article II. provided that the alternative routes are in equally good working order. Article V. Each of the contracting parties fixes the charges for transmission of telegrams by its lines up to the frontier of its own territory. Aktiole VI. The following charges per word are declared for correspondence exchanged via the line of communication described in Article II : 1. Indian Telegbaph Administration. a. terminal charges. Francs. 1. From stations in Burma to the Ciiinese frontier 0. 10 2. From stations in India to the Chinese frontier 0. 35 3. From stations in Ceylon to the Chinese frontier 0. 45 B. TRANSIT CHARGES. Between the Chinese-Burmese frontier and all other frontiers 0. 35 II. China. A. TERMINAL CHARGES. 1. For telegrams exchanged with Europe and countries beyond Europe (except America) 3. 36 2. For telegrams exchanged with America 4. 86 3. For telegrams exchanged between all other countries on the one side and stations on the Yangtze or south of the Yangtze on the other side 1. 00 4. For telegrams exchanged between all other countries on the one side and stations situated to the north of the Yangtze 1. 50 5. (a) For telegrams exchanged between Burma, India and Ceylon on the one side and the province of Yunnan on the other side 0. 50 (6) For bona-fide British and Chinese Government telegrams between Burma, India and Ceylon on the one side and the province of Yunnan on the other side 0. 25 B. TRANSIT. CHARGES. 1. For telegrams exchanged between Europe and countries beyond Europe (except America) on the one side and all countries beyond China on the other side ; ^- ^^ 2. For telegrams exchanged between America on the one side and all other countries beyond China on the other side 4. 86 3. For all other telegrams between the Burmese Chinese frontier and— (o) Shanghai or frontier stations south of the Yangtze 1.25 (6) All other frontiers 1-50 86 GEBAT BRITAIN. The charges established for telegrams exchanged between China on the one side and Burma, India, and Ceylon on the other side are solely for correspondence actually exchanged between the named neighbouring countries, and the Chinese, European, and American correspondence cannot be retelegraphed at these rates by private agencies or persons at intermediate stations. If during the course of operation of this Convention the rates of China or of the Telegraph Companies operating in China be diminished for telegrams exchanged by the whole of China, includ- ing Hongkong, with Europe and the countries beyond Europe, China undertakes simultaneously and in the same proportion to lower her present terminal and transit rates for such telegrams on their trans- mission along the Burma-Yunnan line. Akticle VII. The checking of the amount of correspondence exchanged via the line of connection shall take place daily by wire between the stations named in Article II. The settlement of accounts shall take place at the end of each month and the resulting balance shall be paid one month after the end of the month in account to the Indian Telegraph Administra- tion at Calcutta or to the Chinese Telegraph Administration at Shanghai. The month shall be reckoned according to the Eurpoean calendar. Telegrams referring to the settlement of accounts shall be con- sidered as service telegrams and transmitted free of charge. Article VIII. The collection of the charges at all the stations of the Chinese Tele- graph Administration, according to the rates fixed in Article VI of the present Convention in gold francs, as well as the liquidation of -the mutual accounts, shall be made in Mexican dollars according to the actual rate of exchange between this coin and the franc. This rate of exchange shall be agreed upon between the Telegraph Administrations of the contracting Governments during the month preceding each quarter on the basis of the average rate of exchange during the three months preceding that during which the rate is fixed. As regards out-payments to Telegraph Administrations beyond China and India, the Chinese and Indian Telegraph Administrations will communicate to each other their amount, and this amount the two Administrations will be at liberty to collect and settle at such rates as may protect them from loss. GBEAT BBITAIN. 87 AnTICJtE IX. The present ConYention shall come into force on the first day of June, 1905, and shall, unless otherwise mutually agreed upon, remain in force for ten years and thereafter until twelve months after one of the contracting parties shall have given notice of its intention to modify or to abrogate it. In witness whereof the Undersigned duly authorized to this effect have signed the present Convention. Done at Peking in the English language and in the Chinese lan- guage. Three expeditions duly compared and found to be in agree- ment have been signed in each of these languages on the 23rd day of the month of May, 1905, corresponding with the 20th day of the 4th moon of the thirty-first year of the reign of Kuanghsii. 88 GREAT BRITAIN. :n"o. 19. GREAT BEITAES^— CHrCl^A. LOAN AGREEMENT FOR fl,100,000 FOR RECOVERY CANTON-IIANKOW R. R. CONTRACTS. [Translated from the Chinese.] Date op Signing not Given in the Agreement. Ageeembnt becomes Effective Octobeb 6, 1905. This Agreement, made between the Junior Guardian of the Heir Apparent Viceroy of the Hu-Kuang, Chang Kung Pao, of the Empire of China, and the Hongkong Government of Great Britain : Whereas: Chang Kung-Pao has received a special decree directing him to arrange to take back the Canton-Hankow Eailroad, and whereas the loan (hereinafter described) has been consented to by His Majesty the Emperor of China, and is to be made on behalf of the present and the succeeding Viceroys or Governors of Hupeh, Hunan, and Kuang-tung ; and Whereas: all the affairs pertaining to or concerning the Canton- Hankow Railroad are under the management of Chang Kung-Pao who is now in need of money to pay the American Company for the redemption of the right of constructing the railroad; and whereas Chang Kung-Pao after conference with the British Government has requested the same to loan him the money necessary to pay the Ameri- can Company in order to purchase back the outstanding shares in fulfillment of the charge committed to him ; and whereas the British Government has instructed the Governor-General of Hongkong to promise the loan, as requested, for the purpose mentioned ; Therefore the following agreement is now made : 1. The Hongkong Government agrees to loan to the three provinces of Hupeh, Hunan and Kuang-tung the sum- of One million and One hundred thousand pounds, £1,100,000, and to hand over the said amount on the conditions hereinafter stated in paragraph No. 7. As to the amount of this debt for which each of the above mentioned provinces shall be responsible, it shall be definitely settled and upon a decision being reached, the amount for each province shall be declared. 2. This loan is made for a period of ten years commencing on the 8th day of the 9th moon of the 31st year of Kuang-Su (October 6th, GREAT BRITAIN. 89 1905) and is to be refunded in ten yearly installments i. e. £110,000 per year, the end of the first year i. e. the 19th day of the 8th moon of the year 1906 being the day for the payment of the first install- ment. After the payment of the fifth installment, if the said three provinces are willing to complete the payment of the remainder of the loan in one payment notice must be given six months prior to the proposed date of settlement. After the payment of the loan and interest this agreement shall become void. 3. The interest on the sum included in this loan is to be £4^ per £100 per annum, payable semi-annually, being calculated on the amount of the said loan not yet refunded. 4. The amounts of the loan and the interest to be paid at each period and the dates of payment are to be reckoned, in accordance with the list attached to this agreement, and are to be paid from time to time at the Treasurer's Office at Hongkong. Drafts in gold pounds will be received at their face value. If so desired by the Hongkong Government payment of any installment shall be made in silver at the rate of the day. Th e opium tax of Hupeh, Hunan and Kuang - tung is made a bond and a securitv for the payment of the capital and interest of this loan, which shall c o nstitute a firs t_ct)^7g^ip"" t hesp. revenues . During the period in which the whole or any part of this loan remains unpaid, the opium tax of the three above-men- tioned provinces shall not be made security for any other loans, and during the continuance of this loan should there be another agree- ment entered into mortgaging the opium taxes of Hupeh, Hunan and Kuang-tung, either singly or unitedly, it shall not be given prece- dence over this agreement nor made a joint charge with this loan upon said revenues. It must be plainly stated in any such agree- ment that the payment of principal or interest can be paid from these revenues only after this loan shall have been paid. Should the opium tax of these three provinces be insufficient to pay the loan, the Vice- roy of Hu-Kuang shall confer with Hunan and Kuang-tung ascertain- ing in which province the tax is not sufficient to meet the provisions of this loan and in such a province or provinces additional appropri- ation shall be made from other taxes or likin toward the payment of this loan. If under such an arrangement the said provinces are still unable to pay back the installments of interest and capital at the due dates, then the British Government may ask the Viceroy of Hu- Kuang to confer with Hunan and Kuang-tung ascertaining which province is unable to meet its part and shall set aside other reliable taxes or likin, to be administered by the Imperial Maritime Customs, as security for this loan. 6. It is further agreed that bonds in gold pounds guaranteed by likin shall be deposited and retained in the British Consulate Gen- 90 GREAT BRITAIN. eral at Hankow as security for this loan, and the total value of these bonds in taels shall be equivalent to the total sum of the capital and interest of this loan. These papers shall be sealed with the seal of the Viceroy of Hu-kuang and signed by the Hanlfow Commissioner of Customs. If the interest and capital of this loan should not be paid into the Treasury at Hongkong at the times herein specified, these likin bonds may be used in the provinces of Hupeh, Hunan and Kuang-tung in payment of likin, and any officials of these three provinces who are at all concerned by this agreement shall be noti- fied to act in accordance with these stipulations. 7. It is agreed that the Hongkong Government is to remit £400,000 on the sixth day of October, 1905, to the Hongkong and Shanghai Banking Corporation at Hankow to be handed to Chang Kung-Pao, who will receive the same, and the sum of £700,000 will be forwarded to New York and there to be handed over to the Chi- nese Minister Liang in America. The Hongkong Government may from time to time call upon the British Consul General at Hankow to request from Chang Kung-Pao such evidence as may seem fit to prove that the money loaned is being actually used for the above purposes, i. e., the purchasing of the Canton-Hankow Railroad Con- cession, 8. This agreement, previous to its signature, has been submitted in a Memorial to the Throne and an Imperial Edict has been issued ap- proving the same and the Wai Wu Pu shall at once send a dispatch to the British Minister at Peking informing him of this agreement. 9. In this agreement the opium tax of Kuang-tung has been men- tioned as a part of the security given for this loan. Chang Kung- Pao has conferred with the Viceroy of the Liang-Kuang by tele- graph regarding this loan and the Viceroy of the Liang-Kuang has replied agreeing to have the opium tax of his province given as se- curity, so that there can be no difference of opinion hereafter so far as the articles of this agreement affect the province of Kuang-tung. 10. Six copies of this agreement shall be made in Chinese and English, one to be kept in the yamen of the Viceroy of Hu-Kuang, one to be kept in the yamen of the Viceroy of Liang-Kuang, one to be kept in the Governor's yamen in Hunan, one to be forwarded to the Governor-General at Hongkong, one to be handed to the British Minister at Peking, Sir Ernest Satow, and one to be kept in the British Consulate General at Hankow. In the event of their being any difference of meaning between the Chinese and English text, the English text shall be considered the correct one. (Sgd.) E. H. Fbasee, British Consul General at Hankow. (Sgd.) Chang Chih-ttjnq, Viceroy of Hu-Kuang Provinces. GBEAT BRITAIN. 91 N"o. 20. GREAT BEITArNT— CHINA. CONVENTION BETWEEN THE UNITED KINGDOM AND CHINA RESPECTING TIBET. Signed at Peking, April 27, 1906. To WHICH IS Annexed the Convention between the United King- dom AND Tibet, Signed at Lhasa, September 7, 1904. Ratifications exchanged at London July 23, 1906. Signed also in Chinese. Whereas His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of China are sincerely desirous to maintain and perpetuate the relations of friendship and good understanding which now exist between their respective Empires; And whereas the refusal of Tibet to recognise the validity of or to carry into full effect the provisions of the Anglo-Chinese Conven- tion of March 17 1890 and Regulations of December 5th 1893 placed the British Gfovernment under the necessity of taking steps to secure their rights and interests under the said Convention and Regulations ; And whereas a Convention of ten articles was signed at Lhasa on September 7th 1904 on behalf of Great Britain and Tibet, and was ratified by the Viceroy and Governor-General of India on behalf of Great Britain on November 11th, 1904, a declaration on behalf of Great Britain modifying its terms under certain conditions being appended thereto; His Britannic Majesty and His Majesty the Emperor of China have resolved to conclude a Convention on this subject and have for this purpose named Plenipotentiaries, that is to say : — His Majesty the King of Great Britain and Ireland : Sir Ernest Mason Satow, Knight Grand Cross of the Most Dis- tinguished Order of Saint Michael and Saint George, His said Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of China ; 92 GREAT BRITAIN. and His Majesty the Emperor of China: His Excellency Tong Shao-yi, His said Majesty's High Commis- sioner Plenipotentiary and a Vice-President of the Board of Foreign Affairs; who having communicated to each other their respective full powers and finding them to be in good and true form have agreed upon and concluded the following Convention in six articles: — Article I. The Convention concluded on September 7th 1904 by Great Britain and Tibet, the texts of which in English and Chinese are attached to the present Convention as an annexe, is hereby confirmed, subject to the modification stated in the declaration appended hereto, and both of the High Contracting Parties engage to take at all times such steps as may be necessary to secure the due fulfilment of the terms specified therein. Article II. The Goverimient of Great Britain engages not to annex Tibetan territory or to interfere in_ jtbe adii]dnistr,atiQIlja£..^ibet. The Gov- ernment of ^Fina also undertakes not to permit any other foreign State to interfere with the territory or internal administration of Tibet. Aeticlb III. The concessions which are mentioned in Article 9 {d) of the Convention concluded on September 7th 1904 by Great Britain and Tibet are denied to any state or to the subject of any state other than China, but it has been arranged with China that at the trade marts specified in Article 2 of the aforesaid Convention Great Britain shall be entitled to lay down telegraph lines connecting with India. Article IV. The provisions of the Anglo-Chinese Convention of 1890 and Regulations of 1893 shall, subject to the terms of this present Con- vention and annexe thereto, remain in full force. Article V. The English and Chinese texts of the present Convention have been carefully compared and found to correspond but in the event of there being any difference of meaning between them the English text shall be authoritative. GREAT BRITAIN. 93 Article VI. This Convention shall be ratified by the Sovereigns of both countries and ratifications shall be exchanged at London within three months after the date of signature by the Plenipotentiaries of both Powers. In token whereof the respective Plenipotentiaries have signed and sealed this Convention, four copies in English and four in Chinese. Done at Peking this twenty-seventh day of April, one thousand nine hundred and six, being the fourth day of the fourth month of the thirty-second year of the reign of Kuang-hsii. (L.S.) Ernest Satow. (Signature and Seal of the Chinese Plenipotentiary.) Annex. Convention, between the Governments of Great Britain and Tibet signed at Lhasa on the 7th September 1904. Declaration signed by His Excellency the Viceroy and Governor-General of India on behalf of the British Government and appended to the ratified Con- vention of the 7th September 1904. CONVENTION BETWEEN THE GOVERNMENTS OF GREAT BRITAIN AND TIBET. Signed also in Chinese. Whereas doubts and difficulties have arisen as to the meaning and validity of the Anglo-Chinese Convention of 1890, and the Trade Kegulations of 1893, and as to the liabilities' of the Tibetan Govern- ment 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 Tibet ; 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. Younghusband, C.I.E., in virtue of full powers vested in him by His Britannic Majesty's Gov- ernment and on behalf of that said Government, and Lo-Sang Gyal-Tsen, the Ga-den Ti-Eimpoche, and the representatives of the Council, of the three monasteries, Se-ra, Dre-pung and Ga-den, and of the ecclesiastical and lay officials of the National Assembly on be- half of the Government of Tibet. 94 GREAT BBITAIW. I. The Government of Tibet engages to respect the Anglo-Chinese Convention of 1890 and to recognise the frontier between Sikkim and Tibet, as defined in Article I of the said Convention, and to erect boundary pillars accordingly. II. The Tibetan Government undertakes to open forthwith, trade marts to which all British and Tibetan subjects shall have free right of ac- cess at Gyantse and Gartok, as well as at Yatung. The Regulations applicable to the trade mart at Yatimg, under the Anglo-Chinese Agreement of 1893, shall, subject to such amendments as may hereafter be agreed upon by common consent between the British and Tibetan Governments, apply to the marts above men- tioned. In addition to establishing trade marts at the places mentioned, the Tibetan 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 re- quires it. III. The question of the amendment of the Regulations of 1893 is re- served for separate consideration, and the Tibetan Government under- takes to appoint fully authorized delegates to negotiate with repre- sentatives of the British Government as to the details of the amend- ments required. IV. The Tibetan Government undertakes to levy no dues of any kind other than those provided for in the tariff to be mutually agreed upon. V. The Tibetan Government undertakes to keep the roads to Gyantse and Gartok from the frontier clear of all obstruction and in a stat{. His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of All the Russias, animated by the sincere desire to settle by mutual agreement different ques- tions concerning the interests of their States on the Continent of Asia, have determined to conclude Agreements destined to prevent all cause of misunderstanding between Great Britain and Russia in regard to the questions referred to, and have nominated for this pur- pose their respective Plenipotentiaries, to v?it : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Right Honourable Sir Arthur Nicolson, His Majesty's Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of All the Russias; GEEAT BRITAIlir. 121 His Majesty tiie Emperor of All the Eussias, the Master of his Court Alexander Iswolsky, Minister for Foreign Affairs ; Who, having communicated to each other their full powers, found in good and due form, have agreed on the following : — AGREEMENT CONCERNING PERSIA. The Governments of Great Britain and Russia having mutually engaged to respect the integrity and independence of Persia, and sincerely desiring the preservation of order throughout that country and its peaceful development, as well as the permanent establishment of equal advantages for the trade and industry of all other nations ; Considering that each of them has, for geographical and economic reasons, a special interest in the maintenance of peace and order in certain provinces of Persia adjoining, or in the neighbourhood of, the Russian frontier on the one hand, and the frontiers of Afghanis- tan and Baluchistan on the other hand ; and being desirous of avoid- ing all cause of conflict between their respective interests in the above-mentioned provinces of Persia ; Have agreed on the following terms: — I. Great Britain engages not to seek for herself, and not to support in favour of British subjects, or in favour of the subjects of third Powers, any Concessions of a political or commercial nature — such as Concessions for railways, banks, telegraphs, roads, transport, in- surance, &c. — beyond a line starting from Kasr-i-Shirin, passing- through Isfahan, Yezd, Kakhk, and ending at a point on the Persian frontier at the intersection of the Russian and Afghan frontiers, and not to oppose, directly or indirectly, demands for similar Concessions in this region which are supported by the Russian Government. It is understood that the above-mentioned places are included in the region in which Great Britain engages not to seek the Concessions referred to. II. Russia, on her part, engages not to seek for herself and not to support, in favour of Russian subjects, or in favour of the subjects of third Powers, any Concessions of a political or commercial nature — such as Concessions for railways, banks, telegraphs, roads, transport, insurance, &c. — beyond a line going from the Afghan frontier by way of Gazik, Birjand, Kerman, and ending at Bunder Abbas, and not to oppose, directly or indirectly, demands for similar Concessions in this region which are supported by the British Government. It is understood that the above-mentioned places are included in the region in which Russia engages not to seek the Concessions referred to. 122 GREAT BRITAIN. III. Russia, on her part, engages not to oppose, without previous ar- rangement with Great Britain, the grant of any Concessions whatever to British subjects in the regions of Persia situated between the lines mentioned in Articles I and II. Great Britain undertakes a similar engagement as regards the grant of Concessions to Russian subjects in the same regions of Persia. All Concessions existing at present in the regions indicated in Articles I and II are maintained. IV. It is understood that the revenues of all the Persian customs, with the exception of those of Farsistan and of the Persian Gulf, revenues guaranteeing the amortization and the interest of the loans concluded by the Government of the Shah with the " Banque d'Escompte et des Prets de Perse " up to the date of the signature of the present Agree- ment, shall be devoted to the same purpose as in the past. It is equally understood that the revenues of the Persian customs of Farsistan and of the Persian Gulf, as well as those of the fisheries on the Persian shore of the Caspian Sea and those of the Posts and Telegraphs, shall be devoted, as in the past, to the service of the loans concluded by the Government of the Shah with the Imperial Bank of Persia up to the date of the signature of the present Agreement. V. In the event of irregularities occurring in the amortization or the payment of the interest of the Persian loans concluded with the " Banque d'Escompte et des Prets de Perse " and with the Imperial Bank of Persia up to the date of the signature of the present Agree- ment, and in the event of the necessity arising for Russia to establish control over the sources of revenue guaranteeing the regular service of the loans concluded with the first-named bank, and situated in the region mentioned in Article II of the present Agreement, or for Great Britain to establish control over the sources of revenue guaran- teeing the regular service of the loans concluded with the second- named bank, and situated in the region mentioned in Article I of the present Agreement, the British and Russian Governments undertake to enter beforehand into a friendly exchange of ideas with a view to determine, in agreement with each other, the measures of control in question and to avoid all interference which would not be in con- formity with the principles governing the present Agreement. GREAT BBITAIN. 123 CONVENTION CONCERNING AFGHANISTAN. The High Contracting Parties, in order to ensure perfect security on their respective frontiers in Central Asia and to maintain in these regions a solid and lasting peace, have concluded the following Convention : — Akticle I. His Britannic Majesty's Government declare that they have no intention of changing the political status of Afghanistan. His Britannic Majesty's Government further engage to exercise their influence in Afghanistan only in a pacific sense, and they will not themselves take, nor encourage Afghanistan to take, any measures threatening Russia. The Russian Government, on their part, declare that they recognize Afghanistan as outside the sphere of Russian influence, and they en- gage that all their political relations with Afghanistan shall be con- ducted through the intermediary of His Britannic Majesty's Govern- ment ; they further engage not to send any Agents into Afghanistan. Article II. The Government of His Britannic Majesty having declared in the Treaty signed at Kabul on the 21st March, 1905, that they recognize the Agreement and the engagements concluded with the late Ameer Abdur Rahman, and that they have no intention of interfering in the internal government of Afghan territory, Great Britain engages neither to annex nor to occupy in contravention of that Treaty any portion of Afghanistan or to interfere in the internal administration of the country, provided that the Ameer fulfils the engagements al- ready contracted by him towards His Britannic Majesty's Govern- ment under the above-mentioned Treaty. Article III. The Russian and Afghan authorities, specially designated for the purpose on the frontier or in the frontier provinces, may establish direct relations with each other for the settlement of local questions of a non-political character. Article IV. His Britannic Majesty's Government and the Russian Government affirm their adherence to the principle of equality of commercial op- portunity in Afghanistan, and they agree that any facilities which may have been, or shall be hereafter, obtained for British and British- 124 GREAT BRITAIN. Indian trade and traders, shall be equally enjoyed by Russian trade and traders. Should the progress of trade establish the necessity for Commercial Agents, the two Governments will agree as to what measures shall be taken, due regard, of course, being had to the Ameer's sovereign rights. Article V. The present arrangements will only come into force when His Britannic Majesty's Government shall have notified to the Russian Government the consent of the Ameer to the terms stipulated above. AGREEMENT CONCERNING THIBET. The Governments of Great Britain and Russia recognizing the suzerain rights of China in Thibet, and considering the fact that Great Britain, by reason of her geographical position, has a special interest in the maintenance of the status quo in the external relations of Thibet, have made the following Agreement : — Article I. The two High Contracting Parties engage to respect the territorial integrity of Thibet and to abstain from all interference in its internal administration. Article II. In conformity with the admitted principle of the suzerainty of China over Thibet, Great Britain and Russia engage not to enter into negotiations with Thibet except through the intermediary of the Chinese Government. This engagement does not exclude the direct relations between British Commercial Agents and the Thibetan au- thorities provided for in Article V of the Convention between Great Britain and Thibet of the 7th September, 1904, and confirmed by the Convention between Great Britain and China of the 27th April, 1906 ; nor does it modify the engagements entered into by Great Britain and China in Article I of the said Convention of 1906. It is clearly understood that Buddhists, subjects of Great Britain or of Russia, may enter into direct relations on strictly religious matters with the Dalai Lama and the other representatives of Buddhism in Thibet; the Governments of Great Britain and Russia engage, so far as they are concerned, not to allow those relations to infringe the stip- ulations of the present Agreement. Article III. The British and Russian Governments respectively engage not to send Representatives to Lhassa. GREAT BBITAIN. 125 Article IV. The two High Contracting Parties engage neither to seek nor to obtain, whether for themselves or their subjects, any Concessions for railways, roads, telegraphs, and mines, or other rights in Thibet. Article V. The two Governments agree that no part of the revenues of Thibet, whether in kind or in cash, shall be pledged or assigned to Great Britain or Eussia or to any of their subjects. ANNEX TO the AGREEMENT BETWEEN GREAT BRITAIN AND RUSSIA CON- CERNING THIBET. Great Britain reaffirms the Declaration, signed by his Excellency the Viceroy and Governor-General of India and appended to the ratification of the Convention of the 7th September, 1904, to the effect that the occupation of the Chumbi Valley by British forces shall cease after the payment of three annual installments of the in- demnity of 2if^p0^00(A rupees, provided that the trade marts men- tioned in Artidie II of that Convention have been effectively opened for three years, and that in the meantime the Thibetan authorities have faithfully complied in all respects with the terms of the said Convention of 1904. It is clearly understood that if the occupation of the Chumbi Valley by the British forces has, for any reason, not been terminated at the time anticipated in the above Declaration, the British and Russian Governments will enter upon a friendly exchange of views on this subject. The present Convention shall be ratified, and the ratifications ex- changed at St. Petersburgh as soon as possible. In witness whereof the respective Plenipotentiaries have signed the present Convention and alExed thereto their seals. Done in duplicate at St. Petersburgh, the 18th (31st) August, 1907. (L. S.) A. NicoLSON. (l. s.) iswolsky. Annexes. (1.) Sir a. Nicolson to M. Iswolsky. Saint-Petersbotjrg, le 18 {31) Aovt, 1907. M. LE MiNISTRE, Me referant a I'Arrangement au sujet du Thibet signe aujourd'hui, j'ai I'honneur de faire a votre Excellence la declaration suivante: — " Le Gouvernement Britannique juge utile, pour autant qu'il de- pendra de lui, de ne pas admettre, sauf accord prealable avec le 126 GREAT BRITAIN. Gouvemement Russe, pour une duree de trois ans k partir de la date de la presente communication, I'entree au Thibet d'une mission scientifique quelconque, a condition toutefois qu'une assurance pareille soit donnee de la part du Gouvernement Imperial de Eussie. " Le Gouvernement Britannique se propose, en outre, de s'adresser au Gouvernement Chinois afin de f aire agreer a ce dernier une obli- gation analogue pour une periode correspondante ; il va de soi que la meme demarche sera faite par le Gouvernement Russe. "A I'expiration du terme de trois ans precite, le Gouvemement Britannique avisera d'un commun accord avec le Gouvernement Russe a I'opportunite, s'il y a lieu, des mesures ulterieures a prendre concernant les expeditions scientifiques au Thibet." Je saisis, &c. (Signe) A. Nicolson. [Translation.] St. Peteesburgh, Augitst 18 {31), 1907. M. 1e Ministee, With reference to the Agreement regarding Thibet, signed to-day, I have the honour to make the following Declaration to your Excel- lency : — "His Britannic Majesty's Government think it desirable, so far as they are concerned, not to allow, unless by a previous agreement with the Russian Government, for a period of three years from the date of the present communication, the entry into Thibet of any scientific mission whatever, on condition that a like assurance is given on the part of the Imperial Russian Government. "His Britannic Majesty's Government propose, moreover, to ap- proach the Chinese Government with a view to induce them to accept a similar obligation for a corresponding period ; the Russian Govern- ment will, as a matter of course, take similar action. "At the expiration of the term of three years above mentioned His Britannic Majesty's Government will, if necessary, consult with the Russian Government as to the desirability of any ulterior measures Avith regard to scientific expeditions to Thibet." I avail, &c. (Signed) A. Nicolson. GREAT BRITAIN. 127 (2.) M. IswoLSKY TO Sir A. Nicolson. Saint-Petersbotjrg, M. l'Ambassadeur, U 18 {31)Aout, 1907. En reponse a la note de votre Excellence en date de ce jour, j'ai I'honneur de declarer a mon tour que le Gouvernement Imperial I'honneur de declarer a mon tour que le Gouvernement Imperial de Russie juge utile, pour autant qu'il dependra de lui, de ne pas admettre, sauf accord prealable avec le Gouvernement Britannique, pour une duree de trois ans a partir de la date de la presente communication, I'entree au Thibet d'une mission scientifique quelconque. De meme que le Gouvernement Britannique, le Gouvernement Im- perial se propose de s'adresser au Gouvernement Chinois afin de f aire agreer a ce dernier une obligation analogue pour une periode corres- pondante. II reste entendu qu'a I'expiration du terme de trois ans les deux Gouvernement aviseront d'un commun accord a I'opportunite, s'il y a lieu, de mesures ulterieures a prendre concernant les expeditions scientifiques au Thibet. Veuillez agreer, &c. Signe) IswoLSKY. [Translation.] St. Peteesbuegh, August 18(31), 1907. M. l'Ambassadeur, In reply to your Excellency's note of to-day's date, I have the hon- our to declare that the Imperial Eussian Government think it desira- ble, so far as they are concerned, not to allow, unless by a previous agreement with the British Government for a period of three years from the date of the present communication, the entry into Thibet of any scientific mission whatever. Like the British Government, the Imperial Government propose to approach the Chinese Government with a view to induce them to accept a similar obligation for a corresponding period. It is understood that at the expiration of the term of three years the two Governments will, if necessary, consult with each other as to the desirability of any ulterior measures with regard to scientific ex- peditions to Thibet. Accept, &c. (Signed) Iswolskt. 128 JAPAN. :N'o. 24. JAPAN— CHINA. AGREEMENTS CONCERNING THE RENDITION OP NIUCHWANG TO CHINA. Terms Agreed to November 9th, 1906, between the Wai-wtj Pu and Me. Hayashi, Minister of Japan. [Translation.] (1) Previous to the withdrawal of the Japanese troops from Ying- k'ou (Port of Niuchwang) all regulations relating to quarantine inspection and the prevention of epidemics must be determined by the local authorities in consultation with the Japanese Consul. (2) All public works begun during the period of military occupa- tion or arranged for but not yet begun must be taken over and com- pleted by the local authorities, or the latter must allow the Japanese io complete them. (3) All matters relating to police and sanitation shall be under the control of the Chinese local authorities, who shall administer them in a thoroughly efficient manner so as to secure the general wel- fare. To this end, Japanese Police Inspectors and Medical Officers are also to be employed. Should the administration be unsatisfac- tory in any particular the Japanese Consul may make representations to the local authorities, who shall advise with him and take such action as the circumstances may require. (4) Both the Native Customs and the Imperial Maritime Customs shall be under the control of the Customs Taot'ai. The Chinese Gov- ernment shall for the present deposit all receipts from both Customs with the Yokohama Specie Bank, but hereafter, as soon as the Bank of the Board of Finance shall have established its branch, these re- ceipts shall be deposited with both banks. AGREEMENT FOR THE RENDITION OF XING-K'OU, PORT OF NEW- CHWANG. Signed at Newchwang, December 5th, 1906. [Translation from Chinese.] In accordance with the Four Articles agreed upon by the Govern- ments of China and Japan at Peking in the month of October last," providing for the return of Ying-k'ou by Japan to the control of China, the two Governments mentioned have now appointed repre- sentatives, who have met at Ying-k'ou and have agreed upon the following : *^ "The Chinese text reads "Japanese calendar lOtli month (1. e., October); Chinese calendar 9th moon (i. e., 18th Oct.,-15th November)." The Peking Agreement referred to was signed November 9th 1906. JAPAN. 129 1. Whereas Article I of the Peking Memorandum provides that previous to the withdrawal of the Japanese Military forces regu- lations relating to quarantine inspection (or public health) at Ying- k'ou shall be adopted by the Chinese local authorities in consulta- tion with the Japanese Consul, now, therefore, we, representatives of the two Governments concernea, have agreed that, for the time being, such matters shall be dealt with under the regulations adopted by the Japanese military authorities, and that afterwards, should occasion arise requiring their modification, the Chinese local author- ities may of their own authority take such action as may be needed. 2. Whereas Article II of the Peking Memorandum provides that all public works begun during the military Occupation, or for which arrangements were made at that time shall be taken over by the local authorities, or by them allowed to be undertaken by the Japanese, we now find that the Japanese military authorities have granted permis- sion to a joint stock company to establish water works, electric tram ways, an electric light plant, and a telephone system at Ying-k'ou, and we, representatives of the two Powers concerned, have agreed that the said company may undertake the water works, electric tram ways, and electric lighting, but that it will be necessary first to send the Regulations adopted by the company to Peking to be filed with the Board (s) concerned, and, if it shall appear necessary to the said Board (s) so to do, to be altered, or to have additions made to them, or excisions from them; and the said company agrees to com- ply accordingly. As for the telephone system, it should be taken over by the Im- perial Chinese Telegraph Service, and be operated by it, and the said Telegraph Service and the company shall each appoint a representa- tive to examine the telephone property, as already established in Ying-k'ou, and estimate the price at which it shall be bought. If these representatives fail to agree upon a price, the said Telegraph Service and the company shall together select a disinterested arbitra- tor to determine the same, whose decision shall be accepted by both parties. As to the abattoir, it shall be taken charge of by the Health OiRce, and the manner of fixing the price at which it shall be bought shall be similar to that adopted in the case of the purchase of the telephone system by the Telegraph Service. The light railway extending from Ying-k'ou to Niuchia-t'un shall be taken up as soon as the electric tram-way is completed. All works of public utility undertaken by the Japanese military authori- ties, or arranged for but not yet begun, the Chinese local authorities agree to take over and complete as planned. 3. Whereas it is provided in Article III of the Peking Memoran- dum that matters affecting police administration, and public health 35798—08 9 130 JAPAN. shall be under the control of the Chmese local authorities ; that the management thereof shall be most efficient so as to secure public safety; that Japanese police instructors and physicians shall be em- ployed in the administration, and that, if any cause of dissatisfaction should arise, the Japanese Consul may notify the local authorities who shall consult with him and take the necessary action; now we, representatives of the two Governments concerned, have agreed that in the employment of Japanese police instructors and physicians the same regulations shall be adopted as in the case of the Japanese police instructors and" physicians employed in Tientsin, except in the matter of salaries; and, if hereafter dissatisfaction should occur in the administration of police affairs, immediately upon a notification to that effect from the Japanese Consul the local authorities shall consult with him and take such action as may be needed. 4c. No suits at law decided during the military occupation shall be reopened by the Chinese local authorities. The records in all such cases, and other documents connected with them, shall be delivered by the military government to the Chinese local authorities for filing. The military government shall also make copies of all such records and deposit the same at the Japanese Consulate at Ying-k'ou. 5. Whereas it is provided in Article 4 of the Peking Memorandum that both the Imperial Maritime Customs and the Native Customs shall be placed under the control of the Customs Taot'ai, and that the Chinese Government shall for the present deposit the receipts of both said customs with the Yokohama Specie Bank, and that here- after when the Bank of the Board of Finance shall have established a branch (at Ying-k'ou) the receipts shall be deposited with both banks; now therefore we, representatives of the two Governments concerned, have a,greed that the local authorities concerned and the Yokohama Specie Bank shall together arrange the terms of such deposit with the Yokohama Specie Bank at Ying-k'ou. 6. The military government at Ying-k'ou agree that on the sixth of December, 1906, it will entirely withdraw from said port. (Dated) Ming-chih (Meiji) XXXIX Year, 12th. Moon, 5th. Day! Kuang Hsii XXXII Year, 10th. Moon, 20th. Day. (December 5, 1906.) (Signed) Moeitaro Abe, First Secretary, Japanese Legation. Ananoshin Segawa, Japanese Consul at Newchwang. Lieut. Colonel Kikei Yokuka, Representatives of the Imperial Japanese Gov't. Liang Ju-hao, Intendant of the Ghin-chen-Shan-hai-kuam, Circuit, Representative of the Imperial Chinese GovH. JAPAN. 131 N"o. 25. JAPAI^. JAPAN— CHINA. TREATY AND ADDITIONAL AGREEMENT BETWEEN JAPAN AND CHINA RELATING TO MANCHURIA. Signed at Peking, December 22, 1905. Ratifications Exchanged at Peking, January 23, 1906. [Translation.]" His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to adjust certain matters of common concern grow- ing out of the Treaty of Peace between Japan and Eussia of Septem- ber 6th, 1905 have resolved to conclude a Treaty with that object in view and have for that purpose named Their Plenipotentiaries, that is to say : His Majesty the Emperor of Japan : Baron Komura Jutaro, Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, Minister for Foreign Affairs and Special Ambassador of His Majesty, and Uchida Yasuya, Jushii, Second Class of the Imperial Order of the Rising Sun, His Majesty's Envoy Extraordinary and Minister Pleni- potentiary; and His Majesty the Emperor of China : Prince Ching, Presiding Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty, Chu Hung-chi, Minister for Foreign Affairs, Councillor of State and Plenipotentiary of His Majesty, and Yuan Shih-kai, Viceroy of the Province of Chihli, Junior Guar- dian of the Heir- Apparent, Minister Superintendent of Trade for the Northern Ports and Plenipotentiary of His Majesty ; Who, after having exchanged their full powers which were found to be in good and due form, have agreed upon and concluded the following Articles : Article I. The Imperial Chinese Government consent to all the transfers and assignments made by Russia to Japan by Articles V and VI of the Treaty of Peace above mentioned. "The original is in French, This English translation is the official version In that language. 132 JAPAN. Article II. The Imperial Japanese Government engage that in regard to the leased territory as well as in the matter of railway construction and exploitation, they will, so far as circumstances permit, conform to the original agreements concluded between China and Ru^ia. In case any question arises in the future on these subjects, the Japanese Government will decide it in consultation with the Chinese Gov- ernment. Article III. The present Treaty shall come into full force from the date of sig- nature. It shall be ratified by Their Majesties the Emperor of Japan and the Emperor of China and the ratifications shall be exchanged at Peking as soon as possible, and not later than two months from the present date. In witness whereof, the respective Plenipotentiaries have signed this Treaty ia duplicate in the Japanese and Chinese languages and have thereto affixed their seals. Done at Peking, this twenty-second day of the twelfth month of the thirty-eighth year of Meiji, corresponding to the twenty-sixth day of the eleventh moon of the thirty-first year of Kuang Hsii. (Signed) Baeon Komuea Jutaeo, [l. s.] Jusammi, Grand Gordon of the Imperial Order of the Rising Sun, Minister for Foreign Af- fairs and Special Amhassor of His Majesty the Emperor of Japan. (Signed) Uchida Yasuya, [l. s.J Jushii, Second Class of the Im,peridl Order of the Rising Sun, Envoy Extraordinary and Min- ister Plenipotentiary of His Majesty the Em- peror of Japan. (Signed)^ _ Prince Ching, [l. s.J Presiding Minister for Foreign Affairs, Coun- cilor of State and Plenipotentiary of His Maj- esty the Emperor of China. (Signed) Chu Htjng-chi, [l. s.] Minister for Foreign Affairs, Coimeillor of State and Plenipotentiary of His Majesty the Em- peror of China. (Signed) Yuan Shih-kai, [l. s.] Viceroy of the Province of Chihli, Junior Guar- dian of the Heir-Apparent, Minister Superin- tendent of Trade for the Northern Ports and Plenipotentiary of His Majesty the Emperor of China. JAPAH. 133 The Governments of Japan and China, with a view to regulate, for their guidance, certain questions in which they are both interested in Manchuria, in addition to those provided for in the Treaty signed this day, have agreed as follows : Aeticm; I. The Imperial Chinese Government agree that as soon as possible, after the evacuation of Manchuria by the Japanese and Russian forces, the following cities and towns in Manchuria will be opened by China herself as places of international residence and trade : In the Province of Shingking: Fenghwangcheng ; Liaoyang; Hsinmintun; Tiehling; Tung- kiangtzu and Fakumen. In the Province of Kirin: Changchun (Kuanchengtzu) ; Kirin; Harbin; Ninguta; Hunchun and Sanhsing. In the Province of Heilungkiang : Tsitsihar ; Hailar, Aihun and Manchuli." Article II. In view of the earnest desire expressed by the Imperial Chinese Goverimient to have the Japanese and Russian troops and railway guards in Manchuria withdrawn as soon as possible, and in order to meet this desire, the Imperial Japanese Government, in the event of Russia agreeing to the withdrawal of her railway guards, or in case other proper measures are agreed to between China and Russia, consent to take similar steps accordingly. When tranquillity shall have been reestablished in Manchuria and China shall have become her- self capable of affording full protection to the lives and property of foreigners, Japan will withdraw her railway guards simultaneously with Russia. Aeticle III. The Imperial Japanese Government, immediately upon the with- drawal of their troops from any regions in Manchuria, shall notify the Imperial Chinese Government of the regions thus evacuated, .and even within the period stipulated for the withdrawal of troops in the Additional Articles of the Treaty of Peace between Japan and Russia, the Chinese Government may send necessary troops to the evacuated regions of which they have been already notified as above " On Sept. 10, 1906, T'ieli-llng, Tung-chiang-tzu and Fa-ku-men were declared open by China. On Oct. 8, 1906, Hsin-min-tun was opened ; on January 14, 1907, Ohang-chun, Kirin, Harbin and Tsitsihar. On June 28, 1907, Feng-huang cheng, Llao-yang, Ninguta, Hun-ch'un, Sanhsing, Hailar, and Aihun were opened. 134 JAPAN. mentioned, for the purpose of maintaining order and tranquillity m those regions. If, in the regions from which Japanese troops have not yet been withdrawn, any villages are disturbed or damaged by native bandits, the Chinese local authorities may also dispatch a suitable military force for the purpose of capturing or dispersing those ban- dits. Such troops, however, shall not proceed within twenty Chinese li from the boundary of the territory where Japanese troops are stationed. Article IV. The Imperial Government of Japan engage that Chinese public and private property in Manchuria, which they have occupied or expropriated on account of military necessity, shall be restored at the time the Japanese troops are withdrawn from Manchuria and that such property as is no longer required for military purposes shall be restored even before such withdrawal. Article V. The Imperial Chinese Government engage to take all necessary measures to protect fully and completely the grounds in Manchuria in which the tombs and monuments of the Japanese officers and sol- diers who were killed in war are located. Article VI. The Imperial Chinese Government agree that Japan has the right to maintain and work the military railway line constructed between Antung and Mukden and to improve the said line so as to make it fit for the conveyance of commercial and industrial goods of all na- tions. The term for which such right is conceded is fifteen years from the date of the completion of the improvements above provided for. The work of such improvements is to be completed within two years, exclusive of a period of twelve months during which it will have to be delayed owing to the necessity of using the existing line for the withdrawal of troops. The term of the concession above men- tioned is therefore to expire in the 49th year of Kuang Hsii. At the expiration of that term, the said railway shall be sold to China at a price to be determined by appraisement of all its properties by a foreign expert who will be selected by both parties. The convey- ance by the railway of the troops and munitions of war of the Chinese Government prior to such sale shall be dealt with in accordance with the regulations of the Eastern Chinese IJailway. Regarding the manner in which the improvements of the railway are to be effected, it is agreed that the person undertaking the work on behalf of Japan shall consult with the Commissioner dispatched for the purpose by China. The Chinese Government will also appoint a Commissioner JAPAN. 135 to look after the business relating to the railway as is provided in the Agreement relating to the Eastern Chinese Eailway. It is further agreed that detailed regulations shall be concluded regarding the tariffs for the carriage by the railway of the public and private goods of China. Article VII. The Governments of Japan and China, with a view to promote and facilitate intercourse and traffic, will conclude, as soon as possible, a separate convention for the regulation of connecting services between the railway lines in South Manchuria and all the other railway lines in China. Article VIII. The Imperial Chinese Government engage that all materials re- quired for the railways in South Manchuria shall be exempt from all duties, taxes and Ukin. Article IX. The methods of laying out the Japanese Settlement at Yingkou in the Province of Shingking, which has already been opened to trade, and at Antung and Mukden in the same Province, which are still unopen although stipulated to be opened, shall be separately arranged and determined by officials of Japan and China. Article X. The Imperial Chinese Government agree that a joint-stock com- pany of forestry composed of Japanese and Chinese capitalists shall be organized for the exploitation of the forests in the regions on the right bank of the Eiver Yalu and that a detailed agreement shall be concluded in which the area and term of the concession as well as the organization of the company and all regulations concerning the joint work of exploitation shall be provided for. The Japanese and Chinese shareholders shall share equally in the profits of the under- taking. Article XI. The Governments of Japan and China engage that in all that re- lates to frontier trade between Manchuria and Corea most favoured nation treatment shall be reciprocally extended. Article XII. The Governments of Japan and China engage that in all matters dealt with in the Treaty signed this day or in the present Agreement the most favourable treatment shall be reciprocally extended. 136 JAPAN. The present Agreement shall take effect from the date of signature. When the Treaty signed this day is ratified, this Agreement shall also be considered as approved. In witness whereof, the Undersigned, duly authorized by their re- spective Governments, have signed the present Agreement in dupli- cate in the Japanese and Chinese languages and have thereto afiixed their seals. Done at Peking, this 22nd day of the 12th month of the 38th year of Meiji, corresponding to the 26th day of the 11th moon of the 31st year of Kuang Hsii. (Signed) Baron Komuea Jtjtaeo, [l. s.j Jiisam/mi, Grand Cordon of the Imperial Order of the Ris- ing Sun, Minister for Foreign Affairs and Special Ambassa- dor of His Majesty the Emperor of Japan. (Signed) IJcHmA Yasuya, [l. s.J Jushii, Second Glass of the Imperial Order of the Rising Sun, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan. (Signed) Prince Ching, [l. s.j Presiding Minister for Foreign Affairs, Councillor of State and Plenipotentiary .of His Majesty the Emperor of China. (Signed) Chit Hung-chi, [l. s.] Minister for Foreign Affairs, Councillor of State and Pleni- potentiary of His Majesty the Emperor of China. (Signed) Yuan Shih-kai, [l. s.J Viceroy of the Province of Chihli, Junior Guardian of the Heir-Apparent, Minister Superintendent of Trade for the Northern Ports and Plenipotentiary of His Majesty the Emperor of China. JAPAN. 137 N"o. 26. JAPAl^— CHINA. SUMMARY OF SECRET PROTOCOLS TO PEKING TREATY OF DECEM- BER 22D, 1905. The following was communicated by the Japanese Minister for Foreign Affairs to Mr. Wilson, Charge d'Affaires of. the United States at Tokyo, and by him transmitted to the Department' of State under date February 16, 1906, as a summary of certain protocols to the Peking Agreement signed by the plenipotentiaries of Japan and China : Whereas the protocols of the Conference recently held between the Plenipotentiaries of Japan and China with regard to Manchuria are to be kept strictly secret in deference to the desire of the Chinese Government, only such portions of those Protocols as possess the char- acter of executory agreements are given in the following summary: 1. The railway between Changchun and Kirin " will be constructed by China with capital to be raised by herself. She, however, agrees to borrow from Japan the insufficient amount of capital, which amount being about one-half of the total sum required. The contract concerning the loan shall, in due time, be concluded, following, mutatis mutandis, the loan contract entered into between the board of the Imperial Railways of North China and the Anglo-Chinese Syndicate. The term of the loan shall be twenty-five years, redeem- able in yearly installments. 2. The military railway constructed by Japan between Mukden and Hsin-min-tun "^ shall be sold to China at a price to be fairly deter- mined in consultation by Commissioners appointed for the purpose by the two Governments. China engages to reconstruct the line, making it her own railway, and to borrow from a Japanese corpora- tion or corporations one half of the capital required for the portion of the line east of Liao-ho for a term of eighteen years repayable in yearly installments, and a contract shall be concluded, for the pur- pose following, mutatis mutandis, the loan contract entered into be- tween the Board of the Imperial Railways of North China and the Anglo-Chinese Syndicate. All the other military railways in different localities shall be re- moved with the evacuation of the regions. <■ Vide No. 27. 138 JAPAN. 3. The Chinese Government engage, for the purpose of protecting the interest of the South Manchurian Railway, not to construct, prior to the recovery by them of the said railway, any main line m the neighborhood of and parallel to that railway, or any branch line which might be prejudicial to the interest of the above-mentioned railway. 4. China declares that she will adopt. suiRcient measures for secur- ing Russia's faithful observance of the Russo-Chinese treaties with regard to the railways which Russia continues to possess in the north- em part of Manchuria, and that it is her intention, in case Russia acts in contravention of such treaty stipulations, to approach her strongly with a view to have such action fully rectified. 5. When in the future, negotiations are to be opened between Japan and Russia for regulation of the connecting railway services « (Article VIII of the Treaty of Peace between Japan and Russia), Japan shall give China previous notice. China shall communicate to Russia her desire to take part in the negotiations through commis- sioners to be despatched by her on the occasion, and Russia consent- ing shall participate in such negotiations. 6. With regard to the mines in the Province of Feng-tien, apper- taining to the railway, whether already worked or not, fair and de- tailed arrangements shall be agreed upon for mutual observance. 7. The affairs relating to the connecting services as well as those of common concern in respect of the telegraph lines in the Province of Feng-tien and the cables between Port Arthur and Yen-tai shall be arranged from time to time as necessity may arise in consultation between the two countries. 8. The regulations respecting the places to be opened in Man- churia, shall be made by China herself, but the Japanese Minister at Peking must be previously consulted regarding the matter. 9. If no objection be offered on the part of Russia respecting to the navigation of the Sungari (by Japanese vessels), China shall con- sent to such navigation after negotiations. 10. The Chinese Plenipotentiaries declare that immediately after the withdrawal of the Japanese and Russian troops from Manchuria, China will proceed to take, in virtue of her sovereign right, full ad- ministrative measures to guarantee peace in that region and en- deavor, by the same right, to promote good and remove evil as well as steadily to restore order, so that the residents of that region, na- tives and foreigners, may equally enjoy the security of life and occu- pation under the perfect protection of the Chinese Government. As to the means of restoring order, the Chinese Government are to take by themselves all adequate measures. "Vide, No. 31. JAPAN. 139 11. While relations of intimate friendship subsisted as at the pres- ent time between China and Japan, Japan and Eussia had unfortu- nately engaged in war and fought in the territory of China. But peace has now been reestablished and hostilities in Manchuria, have ceased. And while it is undeniable that Japanese troops, be- fore their withdrawal, have the power of exercising the rights accru- ing from military occupation, the Chinese Government declare that certain Japanese subjects in Manchuria have recently been observed to sometimes interfere with the local Chinese administration and to inflict damage to public and private property of China. The Japanese Plenipotentiaries, considering that, should such in- terference and infliction of damage have been carried beyond military necessity, they are not proper acts, declare that they will communi- cate the purport of the above declaration of the Chinese Government to the Government of Japari, so that proper steps may be taken for controlling Japanese subjects in the Province of Fengtien and pro- mote the friendly relations Ibetween the two nations, and also for preventing them in future, from interfering with the Chinese admin- istration or inflicting damage to public or private property without military necessity. 12. In regard to any public or private property of China which may have been purposely destroyed or used by Japanese subjects without any military necessity, the Governments of the two countries shall respectively make investigations and cause fair reparation to be made. 13. "When the Chinese local authorities intend to despatch troops for the purpose of subduing native bandits in the regions not yet completely evacuated by Japanese troops, they shall not fail to previ- ously consult with the Commaiider of the Japanese troops stationed in those regions so that all misunderstandings may be avoided. 14. The Japanese Plenipotentiaries declare that the Railway Guards stationed between Chang-chun and the boundary line of the leased territory of Port Arthur and Talien, shall not be allowed, before their withdrawal, to unreasonably interfere with the local ad- ministration of China or to proceed without permission beyond the limits of the railway. 15. Chinese local authorities, who are to reside at Inkou, shall be allowed, even before the withdrawal of the Japanese troops, to pro- ceed to that place and transact their official business. The date of their departure is to be determined, as soon as possible after the defi- nite conclusion of this Treaty, by the Japanese Minister to China in consultation with the Waiwupu. As there is still in that place a con- siderable nimiber of Japanese troops, quarantine regulations as well as regulations for the prevention of, contagious diseases, shall be 140 JAPAN. established by the authorities of the two countries in consultation with each other so that epidemics may be avoided. 16. The revenue of the Maritime Customs at Ting-k'ou shall be de- posited with the Yokohama Specie Bank and delivered to the Chinese local authorities at the time of evacuation. As to the revenue of the native Customs at that place and the taxes and imposts at all other places, which are to be appropriated for local expenditures, a state- ment of receipts and expenditures shall be delivered to the Chinese local authorities at the time of evacuation. Note. In regard to the foregoing, see No. 1-B (?), Information Series, Far East, being a memorandum of a conversation of January 28, 1908, in the course of which Tang-shao-i, Governor of the Province of Fengtien, who signed the Peking Agreement, categorically denied the existence of any clause debarring China from paralleling the South Manchurian Railroad. Tang-shao-i further gave distinct assurance that there was no secret agreement between Japan and China and that all the Legations had been apprised of this fact upon the con- clusion of the Komura negotiations. Tang-shao-i intimated that an agreement that China should not parallel the Japanese railroad had been sought and discussed, but not made, and implied that such dis- cussion appeared in the signed minutes of the conference, the in- ference being that there was absolutely no agreement but simply evi- dence of a discussion of this subject. JAPAN. 141 CONVENTION BETWEEN JAPAN AND CHINA KEGARDING THE HSIN- MIN MUKDEN AND THE KIRIN-CH'ANGCH'UN RAILWAYS. Signed at Pekino, April 15th, 1907. [Translation.] Gonsuke Hayashi, Envoy Extraordinary and Minister Plenipoten- tiary of Japan, and Na-t'ung, Ch'u Hungchi, and Tong Shao-i, Ministers of the Imperial Chinese Board of Foreign Affairs, having been appointed thereto by their respective governments, have agreed upon the following Articles : — I.' The "Chinese Government, being desirous of purchasing the Hsin-min Fu Mukden Railway, constructed by Japan, hereby agrees that the purchase price thereof shall be Japanese Gold Yen 1,660,000, to be paid through the Yokohama Specie Bank at Tientsin. The status of this railway shall be changed by the Chinese Gov- ernment to that of the lines built by China herself, and it is agreed that one-half of the capital needed for that part of the line east of the Liao Eiver shall be borrowed from the Southern Manchurian Railway Company. II. The Chinese Government, being about to construct a railway line herself from Kirin to Ch'ang-ch'un Fu, agrees to borrow from the aforesaid Company one-half of the capital needed for this work. III. The conditions of the loans provided for in Articles I and II, with the exception of the periods within which they are to be re- payable, shall be in all respects similar to those of the loan contracts of the Railways Inside and Outside Shan-hai Kuan. The most im- portant conditions are mentioned below. The Regulations for the management of the railway lines shall correspond with the methods at present employed by the General Office of the Railway Lines Inside and Outside Shan-hai Kuan. (a) The periods within which the loans shall be repaid shall be for that part of the Hsin-min Mukden Line east of the Liao River 18 years, and for the Kirin-Changchun Line 26 years. No repayment in full of these loans shall be allowed before the expiration of the periods named. 142 JAPAN, (b) The security for the loan from the Southern Manchurian Railway Company for that part of the Hsin-min Mukden Line east of the Liao River shall be the real property of the aforesaid section and its earnings. The security for the mercantile shares to be issued by the Kirin Changchun Railway Administration as well as for the loan to be made from the Southern Manchurian Railway Company shall be the real property of the said Railway and its earnings. So long as these loans are not repaid by the Chinese Government, the aforesaid property and earnings of the above-named lines shall not be pledged as security for any other loan. During the periods of these loans the Chinese Government agrees that the buildings, machinery, rolling-stock, and road-bed of the section of the Hsin-min Mukden Railway east of the Liao River, and of the Kirin- Changchun Railway shall be kept in good condition, and furthermore that such additions will be made to the rolling- stock from time to time as may be required to satisfy the demands of the traffic. If the Kirin- Changchun Line should hereafter build branch lines or an extension, the construction of such lines shall rest of right with the Chinese Government, but, if there should be a lack of capital, application shall be made to the (Southern Manchurian Railway) Company for an arrangement. Should China, however, appropriate funds herself for the construction of any other railway lines than those mentioned, it shall not concern the Southern Manchurian Rail- way Company. (c) The loans and the interest thereon are guaranteed by the Chinese Government, and should there be any failure to make pay- ment of interest or re-payment of principal at the proper periods, the Company shall at once notify the Chinese Government, which shall pay over to the Company the amount of the shortage. If the Chinese Government, after such notification by the Company, shall be unable to make good the deficit in the payments of principal or interest, the line in question with its real property shall be handed over to the temporary control of the Company until the shortage is made good, after which it shall be returned to the control of the Railway Administration. If, however, the shortage be for a small amount only, an extension of time shall be granted as an accommodation, but never for more than three months. (d) During the periods of these loans the Engineer-in-Chief employed shall be a Japanese, and should there be an insufficient supply of Chinese for the various posts in the service of the railways, Japanese may be employed with the Chinese. If at any time it shall become necessary to change the Engineer-in-Chief, consultation must JAPAN. 143 first be had with the (Southern Manchurian Railway) Company be- fore appointment may be made. There shall also be appointed one Japanese accountant, who must be thoroughly qualified, and who shall have entire responsibility for the arrangement and over-sight of the various accounts of the railways, but in his supervision of re- ceipts and expenditures he must consult and Act with the Director General. (e) The railways mentioned being Chinese Government lines, the latter shall have the right to transport soldiers and subsistence over either line free of charge whenever military affairs or measures of relief shall require. (/) All earnings of the railways in question must be deposited in Japanese banks. As to the terms upon which such deposits shall be made, satisfactory arrangements shall be agreed upon by the parties concerned when the loan contracts are drawn up. IV. The Chinese Government immediately after the purchase of the present Hsin-min Mukden Railway shall enter into a contract with the Southern Manchurian Railway Company for the loan in connection with that section of the line east of the Liao River, and shall also appoint and direct a Chinese engineer to consult and act with the Japanese engineer in making a survey of the Kirin-Chang- chun Line to furnish a basis for estimating the amount of the loan needed for the construction of the line, and within six months after the completion (of the survey) shall enter into a contract with the Southern Manchurian Railway Co. for the loan. V. The lines from Hsin-min to Mukden and from Kirin to Chang- chun under the management of China must connect with the Southern Manchurian Railway line. The Tientsin Shan-hai Kuan Railway Administration and the Southern Manchurian Railway Company shall appoint representatives to consult together and draw up the necessary regulations. VI. The rate at which the loans specified in Articles I and II shall be issued shall be determined fairly in accordance with the terms of the most recent loan negotiated by China with any foreign country. VII. Within one month after the payment of the purchase price of the Hsin-min Mukden Railway, the Chinese Railway Administration shall appoint officers to take control of the same. Japanese Calendar, Meiji XL Year, Fourth Moon, 15 Day. Chinese Calender, Kuanghsu XXXIII Year, Third Moon, 3 Day. (April 15 1907.) 144 JAPAN. N"©. 28. AGREEMENT FOR ESTABLISHMENT OF A MARITIME CUSTOMS OF- FICE AT DAIREN AND FOR INLAND WATERS STEAM NAVIGATION. ' Signed at Peking, Mat 30, 190T. [Official english text.] The Governments of Japan and China having agreed to the estab- lishment of an office (of) the Chinese Imperial Maritime Customs at Dairen, the undersigned duly authorized by their respective Gov- ernments hereby engage to accept for the general guidance of that office, and as a preliminary and provisional measure, the detailed understanding set forth in the documents hereto attached, viz., (A) Agreement about the establishment of a Maritime Customs Office at Dairen, and (B) Inland Waters steam Navigation. And it is further agreed that in the spring of next year after the experience of one season there shall be a reconsideration of the pres- - ent arrangement in order to fuller accord with local conditions and needs and that for the documents now accepted there shall be substi- tuted a revised agreement supplemented by an Ordinance, the former to be prepared by the Japanese Minister and the Inspector General of Customs and the latter by the Japanese Authorities of the leased territory in communication with the Commissioner of Customs at Dairen. And it is further understood that the Japanese Authorities will take steps to prevent smuggling from the leased territory into China and support the Chinese Authorities in the measures they adopt to prevent smuggling from China into the leased territory, and also that a suitable procedure shall be arranged for dealing with railway traffic at the Dairen terminus and the frontier station (Wa Fang Tien or other) and temporary regulations be made for collec- tion of duties by the Customs. (Signed) G. Hayashi. (Seal.) Minister of Japan. (Signed) Robert Haet. (Seal.) Inspector General of Customs. Signed and sealed at Peking the 30th May 1907. JAPAN. 145 A. AGEBEMEKT ABOUT THE ESTABLISHiMENT OF A MARITIJIE CUSTOMS OFFICE AT DAIEEX. 1. The Commissioner or the Chief of the Maritime customs Office at Dairen is to be of Japanese nationality. The Inspector Gen- eral of Customs will come to an understanding with the Japanese Legation at Peking in case of appointing a new Commissioner. 2. The members of the staff of the Maritime Customs Office at Dairen shall, as a rule, be of Japanese nationality ; in case, however, of a suddenly occurring vacancy or of temporary requirements of the Service, members of other nationalities may be provisionally sent to Dairen. 3. The Inspector General of Maritime Customs will inform the Governor General of the leased territory beforehand about the change of the Commissioner of Customs at Dairen. 4. All correspondence between the Customs Office at Dairen and the Japanese authorities and Japanese merchants shall be conducted in the Japanese language. Should, however, merchants of other na- tionality come to reside at Dairen, they shall be at liberty to cor- respond in English or in Chinese. 5. On merchandise brought by sea to Dairen no Import Duty shall be levied. Import Duty according to existing Treaties shall be levied by the Maritime Customs Office on all merchandise or products, pass- ing the Japanese frontier of the leased territory into the interior of China. The Japanese authorities agree to take suitable measures to assist as far as it is possible in the prevention of merchandise pass- ing the Japanese frontier when not provided with a Permit or Pass by the Maritime Customs Office. 6. When Chinese merchandise or products brought from the in- terior of China into the Japanese leased territory are shipped from Dairen to other places, they will pay the Export Duty according to existing Treaties. Produce raised in, and merchandise manufactured from produce raised in or imported by sea into, the Japanese leased territory shall pay no Export Duty. The Duty to be paid by arti- cles manufactured in the Japanese leased territory from materials brought there from the interior of China will be the same as at present paid by articles in similar circumstances in the German leased territory of Kiaochow. T. Chinese merchandise or products brought from Chinese Treaty ports to Dairen shall pay no Duty as long as they remain inside Jap- anese territory; but if these Chinese merchandise or products pass the Japanese frontier into the interior of China, they shall pay ac- cording to existing Treaties. 35798—08 ^10 146 JAPAN. 8. Chinese merchandise shipped from Dairen, and having paid accordingly Export Duty, shall be provided with a receipt, on the producing of which it shall pay, on being landed at a Chinese Treaty port, a Coast Trade Duty according to existing Treaties. 9. For Japanese and other non-Chinese merchandise, on being shipped to Dairen from a Chinese Treaty port, the Import Duty paid at the latter port shall be refunded by Drawback according to treaty stipulations. On being imported to Dairen such merchan- dise shall pay no Duty, so long as it does not pass the Japaae,se frontier into the interior of China. On being re-exported from Dairen to other places outside China, such merchandise shall pay no Export Duty. 10. Chinese merchandise or products having been shipped from n Chinese Treaty port to Dairen and reshipped from there to places outside China shall on this occasion pay no Export Duty, in case that documentary evidence is produced of their having paid Export Duty at the Treaty port from which they came. 11. The Maritime Customs Office at Dairen shall take no part in the collection or administration of Tonnage Dues, Lighthouse Dues, or Port Dues. • 12. The Customs Tariff in vigour in the Chinese Treaty ports shall he applied likewise by the Maritime Customs Office at Dairen. l-'5. The Japanese Government agree to set apart for the Mari- time Customs Office sufficient space at Dairen for building offices, lodgiiigs for the staff, Avith suitable room for garden, stable, and servants quarters. The amount to be paid for the sale or lease of such ground is to be settled locally by mutual agreement. 14. The Chief of the Customs Office and the members of the staff shall be free from any obligation to act as jurors or assessors or from any other personal services. 1."). The aforesaid Maritime Customs Office at Dairen shall be charged likewise exchisively with the granting and issuing of Transit Passes for merchandise going into the interior of China, as well as for merchandise coming from the interior of China to Dairen; and this Office will be charged as well with all and every function, right, or capacity which appertain in the Treaty ports to the so-called CM- nese Customs Taotai. 16. For the Transit Passes mentioned in Article 15 the Duty ac- cording to existing Treaties— i. c., half of the amount of the Export or Import Duties— shall be collected by the Maritime Customs Office at Dairen. 17. The procedure to l)c observed in case of frauds or contraven- tions committed by merchants against the Maritime Customs rules shall be settled hereafter by a separate Agreement, but it is under- JAPAN. 147 stood in principle that all judicial procedure rests with the Japanese tribunals. 18. In view of the possibility that with the development of com- mercial activity in the Japanese leased territory new requirements may arise which are not to be foreseen, it is understood that the pres- ent Agreement bears a provisional character, and that both parties to it agree to introduce amendments as soon as required for the pur- pose of remedying inconveniences which nuiy arise in the practical execution of this Agreement. (Signed and Sealed) G. Hayashi, Minister of Japan. (Signed and Sealed) Egbert Hart, Inspector General of C'nstovis. Signed and sealed at Peking, the 30th May, 1907. B. I INLAND WATER STEAM NAVIGATION. 1. The Chinese Maritime Customs having been formally authorised to function in Dairen are now empowered to issue inland steam navi- gation papers : steamers thus permitted to ply on the inland waters are to be guided generally by the rules and regulations of July and September 1898 and the additional rules of October 1903, but more especially by the regulations herebelow set forth. 2. Steamers about to jsly in the inland waters are required to de- posit their national papers, Foreign or Native, Avith the Customs, and will receive in exchange, on written application, the Inland Waters Certificates; such Certificates are valid for one year, and a fee of Tls 10 is payable on first issue and Tls 2 for each annual re- ne'wal. Tonnage Dues are payable once every four months. 3. Such certificated steamers may ply according to regulations (1) from Dairen to a place or places inland and back, and (2) from Dairen to a place inland, thence to a Treaty port, thence to a place inland, and thence back to Dairen. On making due report to the local Customs or Tax OiRce, and paying local Dues or Duties, the_y may land or ship cargo or passengers at any recognised places of trade passed on the voyage, but they may not ply between inland places exclusively without special authority. If visiting another treaty port on any such inland voyage, the Customs at such port are to be duly reported to and all port regulations, national and native, complied with. 4. Whenever certificated steamers quit or return to Dairen, they are to clear from and report to the Dairen Customs, handing in Out- 148 JAPAN. ward and Inward Manifests of cargo, reporting places to be called at or called at, and paying the prescribed Duties. Opium and contra- band goods are not to be carried inward or outward : if carried, the goods are confiscable and the vessel subject to a fine of $500, a second offence entailing withdraAval of Inland Waters Certificate and privileges. 5. The Japanese authorities will assist the Dairen Customs to-sup- jn-ess smuggling — more especially the smuggling of Opium and con- traband. 6. The transmission of Chinese closed mails between Dairen and inland ports shall be free of charge and the postal Administrations concerned will arrange a fitting procedure for the transmission of such Chinese closed mails through the Japanese leased territory from and to Chinese post offices outside that territory. 7. The application of the Inland Waters Steam Navigation under- standing will be restricted to steamers which ply on inland waters not inside the area of the Japanese leased territory. (Signed and sealed) G. Hatashi, Minister of Japan. (Signed and sealed) Egbert Hart, Inspector General of Customs. Signed and sealed at Peking the 30th May, 1907. JAPA3T. 149 No. 29. JAPAN— BUSSIA. PROTOCOL OF ARMISTICE. SiGNBD AT POKTSMOUTH, SEPTEMBER 1, 1905. The undersigned Plenipotentiaries of Japan and Russia duly au- thorised to that effect by their Governments have agreed upon the following terms of armistice between the belligerents, pending the coming into force of the Treaty of Peace : — 1. A certain distance (zone of demarcation) shall be fixed between the fronts of the armies of the two Powers in Manchuria as well as in the region of the Tomamko (Tumen). 2. The naval forces of one of the belligerents shall not bombard territory belonging to or occupied by the other. 3. Maritime captures will not be suspended by the armistice. 4. During the term of the armistice reinforcements shall not be dis- patched to the theatre of war. Those which are en route shall not be dispatched to the north of Mukden on the part of Japan and to the south of Harbin on the part of Russia. 5. The commanders of the armies and fleets of the two Powers shall determine on common accord the conditions of the armistice in conformity with the provisions above enumerated. 6. The two Governments shall give orders to their commanders immediately after the signature of the Treaty of Peace in order to put this protocol in execution. Portsmouth, 1st September, 1905. (Signed.) Jutaeo Komuka. K. Takahiea. Serge Witte. Rosen. 150 JAPAN. JAPAN. TREATY OF PEACE BETWEEN JAPAN AND RUSSIA. Signed at Poetsmouth (New Hampshibe), September 5xh, 1905. Ratifi- cations EXCHANGED AT WASHINGTON, No\-BMBER 25, 1905. His Majesty the Emperor of Japan on the one part, and His Majesty the Emperor of all the Eussias on the other part, animated by the desire to restore the blessings of peace to Their countries and peoples, have resolved to conclude a Treaty of Peace, and have, for this purpose, named Their Plenipotentiaries, that is to say ; His Majesty the Emperor of Japan : His Excellency Baron Komura Jutaro, Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, His Minister for Foreign Affairs, and His Excellency M. Takahira Kogoro, Jusammi, Grand Cordon of the Imperial Order of the Sacred Treasure, His Envoy Extraordi- nary and Minister Plenipotentiary to the United States of America ; and His Majesty the Emperor of all the Russias : His Excellency M. Serge Witte, His Secretary of State and Presi- dent of the Committee of Ministers of the Empire of Russia, and His Excellency Baron Roman Rosen, Master of the Imperial Court of Russia and His Ambassador Extraordinary and Plenipotentiary to the United States of America ; Who, after having exchanged their full powers which were found to be in good and due form, have concluded the following Articles: Article I. There shall henceforth be peace and amity between Their Majesties the Emperor of Japan and the Emperor, of all the Russias and be- tween Their respective States and subjects. Article II. The Imperial Russian Government, acknowledging that . Japan possesses in Corea paramount political, military and economical in- terests, engage neither to obstruct nor interfere with the measures of guidance, protection and control which the Imperial Government of Japan may find it necessary to take in Corea. JAPAN. 151 It is understood that Eussian subjects in Corea shall be treated exactly in the same manner as the subjects or citizens of other foreign Powers, that is to say, they shall be placed on the same footing as the subjects or citizens of the most favoured nation. It is also agreed that, in order to avoid all cause of misunderstand- ing, the two High Contracting Parties will abstain, on the Eusso- Corean frontier, from taking any military measure which may menace the security of Eussian or Corean territory. Article III. Japan and Eussian mutually engage : 1. To evacuate completely and simultaneously Manchuria except the territory affected by the lease of the Liao-tung Peninsula, in conformity with the provisions of additional Article I. annexed to this Treaty; and 2. To restore entirely and completely to the exclusive administra- tion of China all portions of Manchuria now in the occupation or under the control of the Japanese or Russian troops, with the ex- ception of the territory above mentioned. The Imperial Government of Eussia declare that they -have not in Manchuria any territorial advantages or preferential or exclusive concessions in impairment of Chinese sovereignty or inconsistent with the principle of equal opportunity. Aeticle IV. Japan and Eussia reciprocally engage not to obstruct any general measures common to all countries, which China may talve for the development of the commerce and industry of Manchuria. Article V. The Imperial Eussian Government transfer and assign to the Im- perial Government of Japan, with the consent of the Government of China, the lease of Port Arthur, Talien and adjacent territory and territorial waters and all rights, privileges and concessions connected with or forming part of such lease and they also transfer and assign to the Imperial Government of Japan all public works and proper- ties in the territory affected by the above mentioned lease. The two High Contracting Parties mutually engage to obtain the consent of the Chinese Government mentioned in the foregoing stipulation. The Imperial Government of Japan on their part undertake that the proprietary rights of Eussian subjects in the territory above referred to shall be perfectly respected. 152 JAPAN. Article VI. The Imperial Russian Government engage to transfer and assign to the Imperial Government of Japan, without compensation and with the consent of the Chinese Government, the railway between Chang-chun (Kuan-cheng-tzu) and Port Arthur and all its branches, together with all rights, privileges and properties appertaining thereto in that region, as well as coal mines in the said region belong- ing to or worked for the benefit of the railway. The two High Contracting Parties mutually engage to obtain the consent of the Government of China mentioned in the foregoing stipulation. Article VII. Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial purposes and in no wise for strategic purposes. It is understood that that restriction does not apply to the railway in the territory affected by the lease of the Liao-tung Peninsula. Article VIII. The Imperial Governments of Japan and Russia, with a view to promote and facilitate intercourse and traffic, will, as soon as possible, conclude a separate convention for the regulation of their connecting railway service in Manchuria. Article IX. The Imperial Russian Government cede to the Imperial Govern- ment of Japan in pei'petuity and full sovereignty, the southern por- tion of the Island of Saghalien and all islands adjacent thereto, and all public works and properties thereon. The fiftieth degree of north latitude is adopted as the northern boundary of the ceded territory. The exact alignment of such territory shall be determined in accord- ance with the provisions of additional Article II. annexed to this Treaty. Japan and Russia mutually agree not to construct in their respec- tive possessions on the Island of Saghalien or the adjacent islands, any fortifications or other similar military works. They also respec- tively engage not to take any military measures which may impede the free navigation of the Straits of La Perouse and Tartary. Article X. It is reserved to the Russian subjects inhabitants of the territory ceded to Japan, to sell their real property and retire to their coun- try ; but, if they prefer to remain in the. ceded territory, they will be maintained and protected in the full exercise of their industries and JAPAN. 153 rights of property, on condition of submitting to Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right of residence in, or to deport from, such territory, any inhabitants who labour under political or administrative disability. She en- gages, however, that the proprietary rights of such inhabitants shall be fully respected. Article XI. Russia engages to arrange with Japan for granting to Japanese subjects rights of fishery along the coasts of the Eussian possessions in the Japan, Okhotsk and Behring Seas. It is agreed that the foregoing engagement shall not affect rights already belonging to Russian or foreign subjects in those regions. Article XII. The Treaty of Commerce and Navigation between Japan and Russia having been annulled by the war, the Imperial Governments of Japan and Russia engage to adopt as the basis of their com- mercial relations, pending the conclusion of a new treaty of commerce and navigation on the basis of the Treaty which was in force previous to the present war, the system of reciprocal treatment on the footing of the most favoured nation, in which are included import and export duties, customs formalities, transit and tonnage dues, and the admission and treatment of the agents, subjects and vessels of one country in the territories of the other. Article XIII. As soon as possible after the present Treaty comes into force, all prisoners of war shall be reciprocally restored. The Imperial Gov- ernments of Japan and Russia shall each appoint a special Com- missioner" to take charge of prisoners. All prisoners in the hands of one Government shall be delivered to and received by the Com- missioner of the other Government or by his duly authorized representative, in such convenient numbers and at such convenient ports of the delivering State as such delivering State shall notify in advance to the Commissioner of the receiving State. The Governments of Japan and Russia shall present to each other, as soon as possible after the delivery of prisoners has been completed, a statement of the direct expenditures respectively incurred by them for the care and maintenance of prisoners from date of capture or surrender up to the time of death or delivery. Russia engages to repay to Japan, as soon as possible after the exchange of the state-' ments as above provided, the difference between the actual amount so expended by Japan and the actual amount similarly disbursed by Russia. 154 JAPAN. Article XIV. The present Treaty shall be ratified by Their Majesties the Em- peror of Japan and the Emperor of all the Eussias. Such ratifica- tion shall, with as little delay as possible and in any case not later than fifty days from the date of the signature of the Treaty, be announced to the Imperial Governments of Japan and Russia respectively through the French Minister in Tokyo and the Ambas- sador of the United States in Saint- Petersburg and from the date of the later of such announcements this Treaty shall in all its parts come into full force; The formal exchange of the ratification shall take place at Wash- ington as soon as possible. AltTICLE XV. The present treaty shall be signed in duplicate in both the English and French languages. The texts are in absolute conformity, but in case of discrepancy in interpretation, the French text shall prevail. In witness whereof the respective Plenipotentiaries have signed and affixed their seals to the present Treaty of Peace. Done at Portsmouth (New Hampshire) this fifth day of the ninth month of the thirty-eighth year of Meiji, corresponding to the twenty-third day of August (fifth September) one thousand nine hundred and five. (Signed) Serge "Witte. [l.s.J (Signed) Jutaro Komura. [l.s.J (Signed) Roskn. [l.s.] (Signed) K. Takahira. [l.s.J In conformity with the provisions of Articles III and IX of the Treaty of Peace between Japan and Russia of this date, the under- signed Plenipotentiaries have concluded the following additional Article : I. To Article III. The Imperial Governments of Japan and Russia mutually engage to commence the withdrawal of their military forces from the terri- tory of Manchuria simultaneously and immediately after the Treaty of Peace comes into operation, and within a period of eighteen months from that date, the Armies of the two countries shall be com- pletely withdrawn from Manchuria except from the leased territory of the Liaotung Peninsula. The forces of the two countries occupying the front positions shall be first withdrawn. The High Contracting Parties reserve to themselves the right to maintain guards to protect their respective railway lines in Manchu- ria. The number of such guards shall not exceed fifteen per kilo- metre and within that maximum number, the Commanders of the JAPAN. 155 Japanese and Eussian Armies shall, by common accord, fix the num- ber of such guards to be employed, as small as possible having in view the actual requirements. The Commanders of the Japanese and Eussian forces in Manchuria shall agree upon the details of the evacuation in conformity with the above principles, and shall take by common accord the measures necessary to carry out the evacuation as soon as possible and in any case not later than the period of eighteen months. II. To Article IX. As soon as possible after the present Treaty comes into force, a Commission of Delimitation, composed of an equal number of mem- bers to be appointed respectively by the two High Contracting Parties, shall on the spot, mark in a permanent manner the exact boundary between the Japanese and Eussian possessions on the Island of Saghalien. The Commission shall be bound, so far as topograph- ical considerations permit, to follow the fiftieth parallel of north latitude as the boundary line, and in case any deflections from that line at any points are found to be necessary, compensation will be made by corelative deflections at other points. It shall also be the duty of the said Commission to prepare a list and description of the adjacent islands included in the cession and finally the Commission shall prepare and sign maps showing the boundaries of the ceded territory. The work of the Commission shall be subject to the ap- proval of the High Contracting Parties. The foregoing additional Articles are to be considered as ratified with the ratification of the Treaty of Peace to which they are an- nexed. Portsmouth, the 5th day, 9th month, 38th year of Meiji, I'orre- , 23rd August, sponding to the gth September, ^^^^- (Signed) SeegeWitte. (Signed) J. Komttra. (Signed) Eosen. (Signed) K.Takahiea. Note. The following is the Japanese Rescript of Ratification: — " I, Mutsuhito, who by the grace of Heaven and in the perpetual •succession of the Imperial Line, sit upon the Throne of Japan, hereby declare :— " Having carefully examined the various clauses of the Peace Treaty signed on the 5th day of the 9th month of the 38th year of Meiji at Portsmouth in the United States by the Plenipotentiaries of his Empire and those of Russia, I find them in full accord with My wishes and in no respect defective. Therefore I ratify the said Treaty. "(Signed) . "At the Palace in Tokyo on the 14th day of the 10th month of the 38th year of Meiji, being the 2565th year from the coronation of Jininm Teuuo.'' 156 JAPAN. I^o. 31. JAPAliT— BIJSSIA. CONVENTION RELATING TO JAPANESE AND RUSSIAN RAILWAY CON- NEXION IN MANCHURIA. Signed at St. Petersbueq, June 13, 1907. [Translated from the oflSclal French text.] The Imperial Government of Japan and the Imperial Government of Russia, having resolved to conclude a Convention concerning the connexion of the Japanese and' the Russian Railways in Manchuria, conformatory to the provisions of Article VIII of the Treaty of Peace signed at Portsmouth on September 5, (August 23, 1905, o.s.) the undersigned, Itchiro Motono, Docteur en Droit, Envoy Extraordinary ;md Minister Plenipotentiary of Japan, and le Maitre de la Cour Imperial Alexandre Iswolsky, Minister of Foreign Affairs of Russia, being duly authorized for the purpose by their respective Govern- ments, have agreed and concluded the following articles, under the title of Provisionary. Regarding those provisions of this convention which concern the South Manchuria Railway Company on the one part and the Chinese Eastern Railway Company on the other, the two Governments engage mutually to take necessary mesisures to ensure their prompt execution by the said Companies. Article I. — The junction of the sections of the two railways will be made at the boundary line of the Kuanchengtze station of the Chinese Eastern Railway. The Southern Manchuria Railway Com- pany shall prolong its line at the gauge adopted by that Company from the Changchun station of the said Company to the limit of the Kuanchengtze station of the Chinese Eastern Railway, and the Chinese Eastern Railway shall construct a line of the same gauge in continuation to the Japanese line constructed by the Southern Manchurian Railway to the platform of the Russian Kuanchengtze station. The Chinese Eastern Railway shall construct in prolonga- tion of its line, a railway of the gauge of 1 meter 524 (Russian gauge of 5 English feet) from the platform of the Riissian Kuanchengtze station to the limit of that station, and the Southern Manchurian Railway Company shall construct a line of the same gauge in contin- JAPAN. 157 nation to the prolongation of the Eussian railway constructed by the Chinese Eastern Railway Company to the Japanese Changchun station. The point of junction of the two sections of the Japanese and Rus- sian railways and the plans of that junction shall be resolved upon in common accord between the two companies. Article II.— The Southern IV^mchurian Railway Company as well as the Chinese Eastern Railway Company shall establish, besides the junction of their lines, direct communication for passengers and for merchandise, and also all the necessary installations, in order to effect in the shortest time and with the least •fexpense possible, the transport of the merchandise at the terminal stations, made necessary by the difference in the width of the gauges. Each Company reserves the right to decide on the plans of con- struction within the limits of its own ground. Article III. — Each Company takes charge of all the undertakings mentioned in Articles I and II of the present convention which en- tails on them respectively, and the undertakings shall be executed by the companies with the least possible delay and as far as possible simultaneously. Article IV. — The maintenance of the tracks, of the installations for transmission and transport and all the other accessories upon the ground of each railway shall respectively be taken charge of by the companies. Article V. — The traffic between the Southern Manchuria Railway and the Chinese Eastern Railway shall be established conformatory to the following conditions: The passenger trains of the Southern Manchuria Railway, with passengers, their baggage and other objects transported by those trains proceed on the Japanese track to the Russian station of Kuanchengtze, and the passenger trains of the Chinese Eastern Rail- way, with passengers, their baggage and other objects transported by those trains proceed on the Russian track to the Japanese station of Changchun. The freight trains of the Southern Manchuria Railway to pro- ceed on the Chinese Eastern line come on the Japanese track to the Russian station of Kuanchengtze, where the delivery and transport of the merchandise to the Russian railway are effected, and the freight trains of the Chinese Eastern Railway to proceed on the Southern Manchurian line come by the Russian track to the Japanese station of Changchun, where the delivery and transport of the mer- chandise to the Japanese railway are effected. Article VI. — The time schedule for the movement of trains, having in view the connexion of the two railways, shall be arranged in com- mon accord by the managements of the two Railway Companies. 158 JAPAN-. Article VII.— The passenger fares and freight charges for travel- ling between the terminal stations shall be collected: those going from south to north, conforraatory to the tariifs in force on the Southern Manchurian line, and those going from north to south, conformatory to the tariffs in force on the Chinese Eastern line. The distribution of the fees collected for transport on the lines of the two Companies shall be made in^ accordance with an agreement to be concluded between the managements of the two Companies. Article VIII. — Each company enjoys the right gratuitously and recii^rocally to make use of the connecting line and the installations attached to the service of transport appertaining to the other. Article IX. — The two railway Companies shall organize a train service mutuality co-ordinating and sufficient to ensure regular pas- senger and merchandise traffic, and establish regulations and pro- visions for the service of exploitation, all in conformation to the interests of that service. iVrticle X. — All the provisions to be later adopted on the basis of the present Convention and concerning the train service, the trans- portation of passengers, the transport of merchandise, the signal service, etc., shall be regulated by special arrangement between the two Companies, with due approval of the respective Governments. The mutual use of the organs of transportation, the relations between employees of the two railways as well as the mode of fixing the joint quota to each administration in the distribution of the receipts, shall be regulated subsequently by the similar arrangement. Article XL — In all cases where the management of the two rail- Avays cannot agree on points covered by the present Convention or in general upon all the other points concerning their reciprocal relations mentioned in the said Convention, the differences shall be regulated by the decision of the two respective Governments, arrived at in common after the exchange of views between them on the subject. In proof whereof the Envoy Extraordinary and Minister Pleni- potentiary of Japan and the Minister of Foreign Affairs of Russia have signed the present Pro visionary Convention and affixed their seals thereto. Done at St. Petersburg in duplicate on the 13th day of the sixth month of the 40th of Meiji corresponding to May 31 (June 13) 1907. (Signed) Iswolsky. (Signed) I. Motono. PROTOCOL. At the moment of proceeding to the signature of the Provisionary Convention for the connexion of the Japanese and Russian railways in Manchuria, the two High Contracting Parties, judging it useful JAPAN. 159 to settle certain questions relative to the terminus of Kuanchengtse and to the coal-mines of Shibelin and Taokiatun, the undersigned, Ichiro Motono, Docteur en Droit, Envoy Extraordinary and Minister Plenipotentiary of Japan, and le Maitre de la Cour Imperial, Alex- andre Iswolsky, Minister of Foreign Affairs of Russia, have con- cluded the following: — Art. I. — It has been agreed between the two High Contracting Parties that in principle the terminus of Kuanchengtse and its ap- pendages are the common property of Japan and Eussia, but that, for the sake of practical convenience, the exclusive ownership of the said terminus and of its appendages shall remain with Russia and that for it the Russian Government shall pay to the Japanese Gov- ernment a sum of 560,393 roubles in virtue of compensation for the renunciation by Japan of her rights of co-o\\'nership of the Kuan- cheng-tse terminus and its appendages. Art. II. — The Russian Government shall remit to the Japanese Government, with the briefest possible delay, after the signature of the Provisionary Convention of the railway connexion, in their actual state, all the railways and all the objects belonging to these railways which are to the South of the point marked N. 2,223 in the plan here annexed, as Avell as the coal mines at Shibelin and Taokiatun with all their appendages. Immediately after the signing of the said Convention, the necessary instructions shall be sent by the two Governments of Japan and Russia, on the one part, to the South Manchurian Railway Company, and, on the other part, to the Chinese Eastern Railway, to the effect of proceeding to the trans- fer of the said railways and of the appendages of these railways as well as the aforementioned coal-mines. Art. III. — It is agreed between the tAvo High Contracting Parties that the Japanese Government shall subsequently choose a site, where shall be constructed the Japanese terminus of Changchun, between the Russian terminus of Kuanchengtse and the town of Changchun. In case of the construction of the Kirin railway line, the Japanese Government shall exert itself for causing the construction by the railway company, outside the limits of the Changchun terminus, of crossings and viaducts to the points of the said line and the prin- cipal roads between the Russian station of Kuanchengtse and the town of Changchun. Art. IV. — The detailed regulations relative to the transhipment of the passengers and merchandise of one railway to the other, which should be concluded between the two railway companies, Japanese and Russian, shall be discussed and concluded between these com- panies interested, with the briefest possible delay, after the signing of the Provisionary Convention of the railway connexion. As to 160 JAPAN, the place and the date of the meeting of the Delegates respecting that subject, they shall be subsequently determined in the manner most agreeable to the Parties. Art. V. — It is agreed between the two High Contracting Parties that the Convention signed with date of the day shall be put in force immediately after the construction of the provisionary Japanese station mentioned in Article 3 of the Additional Articles of the said Convention shall have been completed. In testimony whereof, the Envoy Extraordinary and Minister Plenipotentiary of Japan and the Minister of Foreign Affairs of Russia have signed the present Protocol and affixed thereto their seals. Done at St. Petersburg in duplicate, this 13th day of the 6th month of the 40th year of Meiji, corresponding to May 31 (June 13), 1907. (Signed) I. Motono. (Signed) Iswolskt. JAPAN. 161 Mo. 33. JAPAK— RUSSIA. CONVENTION BETWEEN JAPAN AND RUSSIA. Signed July 30, 1907. The Government of his Majesty the Emperor of Japan and the Government of his Majesty the Emperor of All the Eussias, desiring to consolidate the relations of peace and good neighbourhood which have happily been re-established between Japan and Eussia, and wishing to remove for the future every cause of misunderstanding in the relations of the two Empires, have agreed to the following ar- rangements.: — Art. I. — Each of the High Contracting Parties engages to respect the actual territoiial integrity of the other, and all the rights accru- ing to one and the other Party from treaties, conventions and con- tracts in force between them and China, copies of which have been exchanged between the Contracting Parties (in so far as these rights are not incompatible with the principle of equal opportunity) of the Treaty signed at Portsmouth on the 5th of September (23rd of Au- gust) 1905, as well as the special conventions concluded between Japan and Russia. Art. II. — The two High Contracting Parties recognise the inde- pendence and the territorial integrity of the Empire of China and the principle of equal opportunity in whatever concerns the commerce and industry of all nations in that empire, and engage to sustain and defend the maintenance of the status quo and respect for this prin- ciple by all the pacific means within their reach. In witness whereof, the undersigned, duly authorized by their re- spective Governments, have signed this Convention and have affixed their seals. Done at St. Petersburg, the 30th day of the 7th month of the 40th year of Meiji, corresponding to the 30th (I7th) of July 1907. ^Signed) I. Motono. (Signed) Iswolskt. 35798—08 ^11 162 JAPAN. ISTo. 33. JAPA^S^-ETJSSIA. TRAITS) DB COMMERCE ET DE NAVIGATION BNTRE LB JAPON ET LA RUSSIE. Sa Majeste FEmpereur du Japon et Sa Majeste PEmpereur de toutes les Russies, animes d'un egal desir de developper les relations commerciales entre les deux pays, ont resoiu, conformemeiit aux dis- positions de I'Article XII du Traite de Paix signe a Portsmouth, de conclure un Traite de Commerce et de Navigation sur les bases de I'equite et de I'interet mutuel, et ont nomme a cet effet, pour Leurs Plenipotentiaires, savior : Sa Majeste I'Empereur du Japon : Itchiro Motono, Docteur en Droit, Son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste I'Empereur de toutes les Russies ; et Sa Majeste I'Empereur de toutes les Russies : Le Maitre de Sa Cour Alexandre Iswolsky, Ministre des Affaires Etrangeres, L'Ecuyer de Sa Cour Dmitri Philosophow, Ministre de Commerce et de I'Industrie, Membre du Conseil de I'Empire, et Le Maitre de Sa Cour Nicolas Malevsky-Malevitch, Senateur ; Lesquels, apres s'etre communique leurs pleins pouvoirs, trouves en bonne et due forme, ont arrete et conclu les Articles suivants : Article I. Les sujets de chacune des deux Hautes Parties Contractantes auront toute liberie, en se conformant aux lois du pays, d'entrer, de voyager ou de resider en un lieu quelconque du territoire de I'autre, et y jouiront d'une pleine et enti^re protection pour leurs personnes et leurs proprietes. lis auront un acces libre et facile aux tribunaux pour la poursuite ou la defense de leurs droits; ils auront, sur le meme pied que les sujets du pays, la faculte de choisir et d'employer des avoues, des avocats et des mandataires afin de poursuivre et de defendre leurs droits devant ces tribunaux, et quant aux autres matieres qui se rap- portent a I'administration de la justice, ils jouiront de tous les droits et privileges dont jouissent les sujets du pays. JAPAN. IQQ Pour tout ce qui concerne le droit de residence et de voyage, la pos- session des biens et effets mobiliers, de quelque espece que ce soit, la transmission des biens mobiliers par succession testamentaire ou autre, et le droit de disposer, de quelque maniere que ce soit, des biens de toutes sortes qu'ils peuvent legalement acquerir, les sujets de chacune des deux Parties Contractantes jouiront dans le territoire de I'autre des memes privileges, libertes et droits, et ne seront soumis, sous ce rapport, a aucuns impots ou charges plus eleves que les sujets du pays ou les sujets ou citoyens de la nation la plus favorisee. Les sujets de chacune des Parties Contractantes jouiront, dans le territoire de I'autre, d'ume liberte entiere de conscience, et pourront, en se conformant aux lois, ordonnances et reglements, se livrer a I'exercice prive ou public de leur culte; ils jouiront aussi du droit d'inhumer ou de bruler les corps de leurs nationaux respectifs, suivant leurs coutumes religieuses, dans des lieux convenables et appropries qui seront etablis et entretenus a cet effet. II est entendu qu'en tout ce qui concerne I'agriculture, le droit de propriete sur les biens immobiliers et la detention de terres sous un autre titre quelconque, les sujets japonais en Russie et les sujets russes au Japon jouiront du meme trait ement que les sujets ou citoyens de la nation la plus favorisee. Ils ne seront contraints, sous aucun pretexte, a payer des charges ou taxes autres ou plus elevees que celles qui sont ou seront imposees aux sujets du pays ou aux sujets ou citoyens de la nation la plus favorisee. Les sujets de chacune des Parties Contractantes qui resident dans le territoire de I'autre ne seront astreints a aucun service militaire obligatoire, soit dans I'armee ou la marine, soit dans la garde nationale ou la milice; ils seront exempts de toutes contributions imposees en lieu et place du service personnel et de tous emprunts forces, de toutes exactions ou de contributions militaires. La dite exemption ne comprend pas les charges qui sont attachees a la possession d'un bien-fonds, ni les prestations et requisitions mili- taires auxquelles les sujets du pays peuvent etre appeles a se soumettre comme proprietaires, fermiers, locataires ou detenteurs d'immeubles. Aeticu; II. II y aura, entre les territoires des deux Hautes Parties Contract- antes, liberte reciproque de commerce et de navigation. Les sujets de chacune des Parties Contractantes pourront en quelque lieu que ce soit du territoire de I'autre, exercer, en se conformant aux lois, reglements et ordonnances du pays, toute espece d'industrie ou de metier, faire le commerce en gros ou en detail de tous produits, objets fabriques et marchandises de commerce licite, soit en personne, 164 JAPAN. soit par leurs representants, tant seuls qu'en societe avec des etrangers ou des sujets du pays; ils pourront y posseder ou louer et occuper des maisons et des magasins, louer des terrains a I'effet d'y resider ou d'y exercer une profession, le tout en se conformant aux lois, aux regle- ments de police et de douane du pays, comme les nationaux eux- memes. Ils auront pleine liberte de se rendre avec leurs navires et leurs cargaisons dans tons les lieux, ports et rivieres du territoire de I'autre qui sont ou pourront etre ouverts au commerce etranger,et ils jouiront respectivement, en matiere de commerce et de navigation, du meme traitement que les sujets du pays, sans avoir a payer aucuns impots, taxes ou droits de quelque nature ou denomination que ce soit, pergus ou nom ou au profit du Gouvernement, des f onctionnaires publics, des particuliers, des corporations ou etablissements quelconques, autres ou plus eleves que ceux imposes aux sujets du pays. II est toutefois entendu que les stipulations contenues dans cet Article ainsi que dans I'Article precedant ne derogent en rien aux lois, ordonnances et reglements speciaux en matiere de commerce, d'in- dustrie, de metier, de profession, de propriete, de police, de securite et de sante publiques qui sont ou qui pourront etre en vigueur dans chacun des deux pays et applicables a tous les etrangers en general. Abticle III. Les habitations, magasins et boutiques des sujets de chacune des Hautes Parties Contractantes dans le territoire de I'autre, ainsi que les edifices qui en dependent, servant soit a la demeure, soit au com- merce, soit a I'industrie, seront respectes. II ne sera pas permis de proceder a des perquisitions ou visites domiciliaires dans ces habitations et edifices, ou bien d'examiner ou d'inspecter les livres, papiers ovi comptes, sauf dans les conditions et formes prescrites par les lois, ordonnances et reglements applicables aux sujets du pays. Article IV. II ne sera impose a I'importation dans le territoire de Sa Majeste I'Empereur de toutes les Russies de tous articles produits ou fabriques dans le territoire de Sa Majeste I'Empereur du Japon, de quelque endroit qu'ils viennent, et a I'importation dans le territoire de Sa Majeste I'Empereur du Japon, de tous articles produits ou fabriques dans le territoire de Sa Majeste I'Empereur de toutes les Eussies, de quelque endroit qu'ils viennent, aucuns droits autres ou plus eleves que ceux imposes sur les articles similaires produits ou fabriques dans tout autre pays etranger. Aucune prohibition ne sera maintenue ou imposee sur I'importation dans le territoire de I'une des Parties Contractantes d'un article quel- JAPAN. 165 conque produit ou frabrique dans le territoire de I'autre, de quelque endroit qu'il vienne, a moins que cette prohibition ne soit egalement appliquee a Fimportation des articles similaires produits ou fabriques dans tout autre pays. Cette derniere disposition n'est pas applicable aux prohibitions sanitaires ou autres provenant de la necessite de proteger la securite des personnes, ainsi que la conservation du betail et des plantes utiles a I'agriculture. Article V. II ne sera impose dans le territoire de chacune des Hautes Parties Contractantes, a I'exportation d'un article quelconque a destination du territoire de I'autre, aucuns droits ou charges autres ou plus eleves que ceux qui sont ou seront payables a I'exportation des articles similaires a destmation d'un autre pays etranger quel qu'il soit; de meme, aucune prohibition ne sera imposee a I'exportation d'aucun article du territoire de I'une des Parties Contractantes a destination du territoire de I'autre, sans que cette prohibition ne soit egalement 6tendue a I'exportation des articles similaires a destination de tout autre pays. Article VI. Les sujets de chacune des Hautes Parties Contractantes jouiront, dans le territoire de I'autre, d'un traitement parfaitement egal a celui des sujets ou citoyens de la nation la plus favorisee, en tout ce qui concerne les droits de transit, le magasinage, les primes, les facilites et les drawbacks. Abticle VII. Tons les articles qui sont ou pourront etre legalement importes dans les ports du territoire de Sa Majeste I'Empereur du Japon, sur des navires japonais, pourront, de meme, etre importes dans ces ports sur des navires russes; dans ce cas, ces articles n'auront a payer aucuns droits ou charges, de quelque denomination que ce soit, autres ou plus eleves que ceux imposes sur les memes articles importes par des navires japonais. Reciproquement, tous les articles qui sont ou pourront etre legalement importes dans les ports du territoire de Sa Majeste I'Empereur de toutes les Eussies, sur des navires russes, pourront, de meme, etre importes dans ces ports sur des navires japonais ; dans ce cas, ces articles n'auront a payer aucuns droits ou charges, de quelque denomination que ce soit, autres ou plus eleves que ceux imposes sur les memes articles importes par des navires russes. Cette egalite reciproque de traitement sera accordee indis- tinctement, soit que ces articles viennent directement des pays d'origine, soit qu'ils viennent de tout autre lieu. 166 JAPAN. De la meme maniere, il y aura parfaite egalite de traitement relativement a I'exportation ; ainsi, les memes droits d'exportation seront pay6s, et les memes primes et drawbacks seront accordes, dans les territoires de chacune des Hautes Parties Contractantes, sur I'ex- portation de tout article qui est ou pourra etre legalement exporte, que cette exportation ait lieu sur des na vires japonais ou sur des navires russes et quel que soit le lieu de destination, qu'il soit un des ports de chacune des Parties Contractantes ou un des ports d'une Puissance tierce. Article VIII. Aucun droit de tonnage, de port, de pilotage, de phare, de quaran- taine Ou autres droits similaires ou analogues de quelque nature ou sous quelque denomination que ce soit, leves au nom ou au profit du Gouvernement, des fonctionnaires publics, des particuliers, des corpo- rations ou des etablissements de toutes sortes qui ne seraient egalement et sous les memes conditions imposes, en pareil cas, sur les navires nationaux en general, ne seront imposes dans les ports des territoires de chacun des deux pays, sur les navires de I'autre. Cette egalite de traitement sera appliquee reciproquement aux navires respectifs de quelque endroit qu'ils arrivent et quel que soit le lieu de desti- nation. Article IX. En tout ce qui concerne le placement, le chargement et le decharge- ment des navires dans les ports, bassins, docks, rades, havres ou rivieres des territoires de I'un des deux pays, aucun privilege ne sera accorde aux navires nationaux, qui ne serait egalement accorde aux navires de I'autre pays, I'intention des Hautes Parties Con- tractantes etant que, sous ce rapport aussi, les navires respectifs soient traites sur le pied d'une parfaite egalite. Article X. Le cabotage dans les territoires de I'une ou de I'autre des Hautes Parties Contractantes est excepte des dispositions du present Traite, et sera regi par les lois, ordonnances et reglements du Japon et de la Russie respectivement. II est toutefois entendu que les sujets jap- onais dans le territoire de Sa Majeste I'Empereur de toutes les Eussies et les sujets russes dans le territoire de Sa Majeste I'Empereur du Japon, jouiront, sous ce rapport, des droits qui sont ou pourront etre accordes par ces lois, ordonnances et reglements aux sujets ou citoyens de tout autre pays. Tout navire japonais charge a I'etranger d'une cargaison destinee a deux ou plusieurs ports du territoire de Sa Majeste I'Empereur de toutes les Eussies, et tout navire russe charge a I'etranger d'une cargaison destinee a deux ou plusieurs ports du territoire de Sa JAPAN. 167 Majeste I'Empereur du Japon, pourra decharger une partie de sa cargaison dans un port et continuer son voyage pour I'autre ou les autres ,ports de destination ou le commerce etranger est autorisd dans le but d'y decharger le reste de sa cargaison d'origine, en se con- formant toujours aux lois et aux reglements de douane des deux pays. Article XI. Tout vaisseau de guerre ou navire de commerce de I'une ou de I'autre des Hautes Parties Contractantes qui serait force par \m mauvais temps ou par suite de tout autre danger de s'abriter dans un port de I'autre, aura la liberte de s'y faire reparer, de s'y procurer toutes les provisions necessaires et de reprendre la mer, sans payer d'autres charges que celles qui seraient payees par les navires na- tionaux. Dans le cas, cependant, oii le capitaine du navire de com- merce se trouverait dans la necessite de vendre une partie de sa cargaison pour payer les frais, il sera oblige de se conformer aux reglements et tarifs du lieu oii il aurait relache. Si un vaisseau de guerre ou un navire de commerce de I'une des Parties Contractantes a echoue ou naufrage sur les cotes de I'autre, les autorites locales en informeront le Consul-General, le Consul, le Vice-Consul ou I'Agent Consulaire du lieu de I'accident, et, s'il n'y existe pas de ces officiers consulaires, elles en informeront le Consul- General, le Consul, le Vice-Consul ou I'Agent Consulaire du district le plus voisin. Toutes les operations relatives au sauvetage des navires japonais naufrages ou echoues dans les eaux territoriales de Sa Majeste I'Empereur de toutes les Eussies auront lieu, conformement aux lois, ordonnances et reglements de la Russie et, reciproquement, toutes les mesures de sauvetage relatives aux navires russes naufrages ou echoues dans les eaux territoriales de Sa Majeste I'Empereur du Japon auront lieu conformement aux lois, ordonnances et reglements du Japon. Tous navires ou vaisseaux ainsi echoues ou naufrages, tous debris et accessoires, toutes fournitures leur appartenant et tous effets et marchandises sauves desdits navires ou vaisseaux, y compris ceux qui auraient ete jetes a la mer ou les produits desdits objets, s'ils sont vendus, ainsi que tous papiers trouves a bord de ces navires ou vaisseaux echoues ou naufrages, seront remis aux proprietaires ou a leurs representants, quand ils les reclameront. Dans le cas oil ces proprietaires ou representants ne se trouveraient pas sur les lieux, lesdits produits ou objets seront remis aux Consuls-Generaux, Con- suls, Vice-Consuls ou Agents Consulaires respectifs, sur leur recla- mation, dans le delai fixe par les lois du pays, et ces officiers consu- laires, proprietaires ou representants payeront seulement les depenses 168 JAPAN. occasionnees pour la conservation desdits objets ainsi que les frais de sauvetage ou autres depenses auxquels seraient soumis, en cas de naufrage, les navires nationaux. Les effets et marchandises sauves du naufrage seront exempts de tous droits de douane, a moins qu'ils n'entrent a la douane pour la consommation interieure, auquel cas ils payeront les droits ordinaires. Dans le cas oil un navire appartenant aux sujets d'une des Parties Contractantes ferait naufrage ou echouerait sur le territoire de I'autre, les Consuls-Generaux, Consuls, Vice-Consuls bu Agents Consulaires respectifs seront, si le proprietaire, capitaine ou autre representant est absent, ou etant present le damande, autorises a intervenir a I'effet de preter I'assistance necessaire a leurs nationaux. Article XII. Tous les navires qui, conformement aux lois japonaises, sont con- sideres comme navires japonais, et tous les navires qui, conformement aux lois russes, sont consideres comme navires russes, seront respec- tivement consideres comme navires japonais et russes pour le but de ce Traite. Les certificats de jaugeage, delivres par I'une des Parties Con- tractantes, seront reconnus par I'autre d'apres des arrangements speciaux a convenir entre elles. Article XIII. Si un marin deserte d'un vaisseau deguerre ou d'un navire de com- merce appartenant a I'une ou I'autre des Hautes Parties Contrac- tantes sur le territoire de I'autre, les autorites locales seront tenues de pretei' toute I'assistance en leur pouvoir pour I'arrestation et la remise de ce deserteur, sur la demande qui leur sera addresee par, le Consul du pays auquel appartient le navire ou vaisseau du deserteur ou par le representant dudit Consul. II est entendu que cette stipulation ne s'appliquera pas aux sujets du pays ou la desertion a eu lieu. Article XIV. Les Hautes Parties Contractantes conviennent qu'en tout ce qui concerne le commerce, la navigation, I'industrie et les metiers, tous les privileges, faveurs ou immunites que I'une ou I'autre des Parties Contractantes a deja accordes au accordera a I'avenir au Gouverne- ment, aux navires ou aux sujets ou citoyens de tout autre Etat, seront etendus immediatement et sans condition au Gouvemement, aux navires ou aux sujets de I'autre Partie Contractante, leur intention etant que le commerce, la navigation et I'industrie de chaque pays soient places, a tous egards, par I'autre, sur le pied de la nation la plus f avoris6e. JAPAN. 169 Article XV. Chacune des Hautes Parties Contractantes pourra nommer des Consul-Generaux, Consuls, Vice-Consuls et Agents Consulaires dans tous les ports, villes et places de I'autre, sauf dans les localites oii il y aurait inconvenient a admettre de tels officiers consulaires. Cette exception ne sera cependant pas faite a I'egard de I'une des Parties Contractantes, sans I'etre egalement a I'egard de toutes les autres Puissances. Les Consuls-Generaux, Consuls, Vice-Consuls et Agents Consulaires pourront, a charge de reciprocite, exercer toutes leurs fonctions et jouir de tous les privileges, exemptions, immunites et pouvoirs qui sont ou seront accordes a I'avenir aux officiers consulaires de la nation la plus f avorisee. Les organes des representations diplomatiques et les consulats de carriere qui seront envoyes en Russie par le Gouvernement japonais, ainsi que les fonctionnaires y appartenant, jouiront, a titre de recipro- cite, d'une liberte pleine et entiere vis-a-vis de la censure tant pour les journaux et publications periodiques, que pour les produits des sciences, des arts et des litteratures. Article XVI. Les sujets de chacune des Hautes Parties Contractantes jouiront, sur le territoire de I'autre, de la meme protection que les sujets du pays relativement aux patentes, marques de fabrique et dessins, en remplissant les formalites prescrites par la loi. Les deux Parties Contractantes s'engagent d'entrer aussitot que possible en pourparlers dans le but de conclure une convention speciale, sur la base de la reciprocite, concernant la protection re- spective de la propriete industrielle et commerciale. Article XVII. Le present Traite entrera en vigueur deux mois apres I'echange des ratifications et restera valable jusqu a ce qu'il finisse de la maniere indiquee ci-dessous. L'une ou I'autre des Hautes Parties Contractantes aura le droit, apres le dix-septieme jour du septieme mois de la quarante-troisieme annee de Meidji, correspondant au quatre (dix-sept) Juillet de I'an mil neuf cent dix, de notifier a I'autre son intention de mettre fin au present Traite, et, a I'expiration de douze mois apres cette notification, ce Traite cessera et finira entierement. Article XVIII. Le present Traite sera ratifie et les ratifications en seront echangees a Tokio le plus tot possible, et en tout cas pas plus tard que quatre mois apres sa signature. 170 JAPAN. En foi de quoi les Plenipotentiaries respectifs ont signe et scelle de leurs sceaux le present Traite. Fait a Saint-Petersbourg, le vingt huitieme jour du septieme mois de la quarantieme annee de Meidji, correspondant au quinze (vingt huit) juillet de Pan mil neuf cent sept. (Signe) I. MoTONO. [l. s.] (Signe) IswoLSKY. [l. s. j (Singe) D. Philosophow. [l. s.J (Signe) N. Male vsky-M ale vitoh. [l. s.] ARTICLES SISPARfiS. II est entundu que les reserves suivantes ne sont pas censees deroger au present Traite en tant qu'exceptionnelles et independantes des regies generalement appliquees au commerce et relations exterieurs; lesdites reserves ne peuve;;t en aucun cas etre invoquees au prejudice des principes du traitement national et de celui de la nation la plus favorisee, etabli par le present Traite sauf pour les exceptions ci- dessous indiquees: DB LA PART DU JAPON : Art. I. Les dispositions concernant les relations speciales entre le Japon et la Coree relativement au commerce, a I'industrie et a la navigation. Art. II. Les dispositions relatives au commerce entre le Japon et les pays voisins du Japon dans I'Asie orientale, situes a I'est du detroit de Malacca. Art. II. Le monopole sur quelque article que ce soit que le Gouv- ernement du Japon pourrait se reserver. DE LA PAET DE LA RDSSIE. Art. I. Les faveurs actuellement accordees ou qui pourraient etre accordees ulterieurement a des etats limitrophes pour faciliter le trafic local d'une zone frontiere setendant jusqu'a 50 verstes de largeur. Art. II. Les faveurs actuellement accordees ou qui pourraient etre accordees ulterieurement, relativement a I'importation ou I'exporta- tion, aux habitants du Gouvernement d'Arkhangel, ainsi que pour les cotes septentrionales de la Eussie d'Asie (Siberie). Art. III. Les stipulations speciales contenues dans le traite entre la Eussie et la Suede et la Norvege du ^^ ^'^}^ 1838. 8 mai Art. lY. Les dispositions qui se rapportent au commerce de la Eussie avec les pays limitrophes de I'Asie. JAPAN. 171 Art. V. La franchise dont jouissent les navires construits en Eussie et appartenant a des sujets russes, lesquels pendant les trois premieres annees sont exempts des droits de navigation. Art- VI. Les immunites accordees en Eussie a differentes com- pagnies de plaisance dites Yacht-Clubs. Art. VII. Le monopole sur quelque article que ce soit que le Gouv- ernement de Russic pourrait se reserver. Les presents Articles Separes auront la meme force et valeur que s'ils etaient inseres mot pour mot dans le Traite de ce jour. lis seront ratifies et les ratifications en seront echangees en meme temps. En foi de quoi les Plenipotentiaires respectifs ont signe et scelle de leurs sceaux les presents Articles Separes. Fait a St. Petersbourg, le vingt huitieme jour du septieme mois de la quarantieme annee de Meidji, correspondant au quinze (vingt huit) juillet de Pan mil neuf cent sept. (Signe) I. MoNTo. [l. s.J (Signe) IswoLSKT. [l. s.] (Signe) D. Philosophow. [l. s.] (Signe) N. Malevsky-Malevitch. [l. s.J 172 JAPAN. nSTo. 34. JAPA:N^— RUSSIA. PROTOCOLE ANNEXlS AU TRAITfi DE OOMMBROB ET 'DE NAVIGATION ENTRB LE JAPON BT LA RTJSSIE. Le Gouvernement de Sa Majeste I'Empereur du Japon et le Gouv- ernement de Sa Majeste I'Empereur de toutes les Kussies jugeant utile, dans I'interet des deux pays, de regler certaines matieres speciales qui les concernent niutuellemcnt, separement du Trait© de Commerce et de Navigation signe en ce jour, sont convenus par Leurs Plenipo- tentiaires respectifs des dispositions suivantes : (1) La duree de la validite du visa mis par les autorites russes sur les passeports japonais sera de six mois. Le droit ou taxe de quelque denomination que ce soit, leve par les autorites russes pour la delivrance des passeports a I'etranger aux sujets japonais ou pour I'inscription sur les passeports japonais de la permission de quitter la Russie ne depassera pas le montant de cinquante copeks, au profit du Tresor. (2) Les articles produits ou manufactures dans le territoire a bail de Liaotong qui seront importes dans les provinces russes: a) de I'Amour et b) Maritime, par la frontiere de terre de Manchourie, et les articles produits ou manufactures dans lesdites provinces russes qui seront importes dans le territoire a bail de Liaotong par la frontiere de terre seront soumis respectivement, en tout ce qui con- cerne les facilites et les droits de douane, au meme traitement que les articles produits ou manufactures en Manchourie. (3) Le present Protocole sera considere comme ratifie par la ratifi- cation du Traite de Commerce et de Navigation signe en ce jour, et il prendra fin en meme temps que le Traite cessera d'etre obligatoire. En foi de quoi les Plenipotentiaires respectifs ont signe et scelle de leurs sceaux le present Protocole. Fait a St. Petersbourg, le vingt huitieme jour du septieme mois de la quarantieme annee de Meidji, correspondant au quinze (vingt huit) juillet de Pan mil neuf cent sept. ^ Signe) I. MoTONO. [l. s.] (Signe) IswoLSKY. [l. s.] (Signe) D. Philosophow. [l. s.] (Signe) N. Malevsky-Malevitch. [l. s.j JAPAN. 173 N^o. 35. JAPAN-RUSSIA. NOTES DIPLOMATIQUES RELATIVES AUX ARTICLES SIllPAK^S DU TRAITlS DE COMMERCE ET DE NAVIGATION BNTRE LB JAPON BT LA RUSSIE. St. Peteesboueg, le 28 {16) Juillet 1907. MONSIEUE LE PlENIPOTENTIAIEE, Au moment de proceder a la signature du Traite de commerce et de navigation conclu en date de ce jour entre le Japon et la Eussie, i'ai I'honneur de faire au nom du Gouvernement Imperial du Japon la declaration suivante : Le Gouvernement Imperial du Japon en proposant au Gouverne- ment Imperial de Eussie de consigner dans les articles separes du present Traite les dispositions concernant les relations speciales entre le Japon et la Coree relativement au commerce, a I'industrie et a la navigation et les dispositions relatives au commerce entre le Japon et les pays voisins de I'Asie orientale, n'a eu en aucune maniere I'intention de placer la Eussie dans une situation autre ou inferieure a celle des autres Puissances. Dans le cas oii le Japon accorderait a la Coree ou aux pays asiatiques voisins du Japon qui se trouvent a I'est du detroit de Malacca, certains avantages concernant les matieres contenues dan les dispositions sus- mentionnees, le meme traitement, par rapport a ces avantages, qui serait applique par le Japon a toute autre Puissance jouissant de la clause de la nation la plus favorisee, sera egalement applique a la Eussie. Par consequent les dispositions susmentionnees des articles separes ne produiront leurs effets pratiques a I'egard de la Eussie qu'an moment oii ces memes dispositions pourront etre appliquees aux autres Puissances jouissant au Japon de la clause de la nation la plus favorisee. Veuillez agreer, Monsieur le Plenipotentiaire, I'assurance de ma haute consideration. (Signe) I. MoTONO. A Son Excellence Monsieur Iswolskt, Plenipotentiaire de Eussie. 174 JAPAN. St. Petebsbotjrg, le 15 {28) Juillet 1907. Monsieur le Plenipotentiaire, Au moment de proceder a la signature du traite de commerce et de navigation conclu en date de ce jour entre la Eussie et le Japon, j'ai I'honneur- de faire au nom du Gouvernement Imperial de Russie la declaration suivante: Le Gouvernement Imperial de Russie ayant propose au Gouverne- ment Imperial du Japon de reproduire dans les articles separes du present traite les dispositions mentionnees aux premiers cinq articles des articles separes (de la part de la Russie) , n'a nuUement I'intention de placer le Japon dans une situation autre ou inferieure a celle des autres Puissances. Dans le cas oii la Russie accorderait a un pays jouissant de la clause de la nation la plus favorisee certains avantages prevus par les arti- cles susmentionnes, le meme traitement, par rapport a ces avantages, sera egalement applique au Japon. Par consequent les dispositions de ces articles n'auront leurs effets pratiques a I'egard du Japon qu'autant qu'elles seraient appliquees aux autres Puissances jouissant de la clause de la nation la plus favorisee. Veuillez agreer, Monsieur le Plenipotentiaire, I'assurance de ma haute consideration. (Signe) IswoLSKY. A Son Excellence Monsieur Motono, Plenipotentiaire dn Japon. JAPAN. 1Y5 No. 36. JAPAN— RUSSIA. CONVENTION DE PiiOHE ENTRE LE JAPON ET LA RUSSIE. Sa Majeste PEmpereur du Ja^on et Sa Majeste I'Empereur de toutes les Eussies, ayant pour but de conclure une convention de peche conformement a la disposition de I'Article XI du Traite de paix conclu a Portsmouth le cinquieme jour du neuvieme mois de la trente huitieme annee de Meidji, correspondant au vingt trois Aout (cinq Septembre) 1905, ont nomme pour Leurs Plenipotentiaires, savoir : Sa Majeste I'Empereur du Japon : Itchiro Motono, Docteur en droit, Son Envoye Extraordinaire et Ministre Plenipotentiaire pres Majeste I'Empereur de toutes les Eussies; et Sa Majeste I'Empereur de toutes les Eussies: Le Maitre de Sa Cour Alexandre Iswolsky, Ministre des Affaires Etrangeres, et Son Conseiller Prive Constantin Goubastoff, Adjoint du Ministre des Affaires Etrangeres; Lesquels, apres s'etre communique leurs pleins pouvoirs respectifs trouves en bonne et due forme, ont conclu les Articles suivants : Articui I. Le Gouvernement Imperial de Eussie concede aux sujets japonais, conformement aux dispositions de la presente Convention, le droit de pecher, "de prendre et de preparer toutes especes de poissons et produits aquatiques, sauf les phoques a fourrure et les loutres marines, le long des cotes russes des Mers du Japon, d'Okhotsk et de Behring, a I'exception des fleuves et des anses (inlets). Les anses, faisant I'objet de I'exception ci-dessus, se trouvent enumerees dans I'Article I du Pro- tocole ci-annexe. Aeticle II. Les sujets japonais sont autorises a se livrer a la peche et a la preparation des poissons et produits aquatiques dans les lots de peche specialement destines a ce but, s'etendant tant en mer que sur les cotes, qui seront vendus a bail aux encheres publiques sans aucune 176 JAPAN. distinction entre les sujets japonais et russes, soit que ce bail soit a long terme, soit qu'il soit a court terme; les sujets japonais jouiront sous ce rapport des memes droits que les sujets russes ay ant acquis les lots de peche dans les regions specifiees a I'Article I de la presente Convention. Les dates et les lieux designes pour ces encheres, ainsi que les details necessaires relatifs aux baux des differents lots de peche a vendre, seront officiellement notifies au Consul japonais a Vladivostock au moins deux mois avant les encheres. La peche des baleines et des morues ainsi que de tons les poissons et produits aquatiques dont la peche ne pent se faire dans les lots speciaux est autorisee aux sujets japonais sur des batiments de mer munis d'un permis special. ARTICLE III. Les sujets japonais qui auront acquis a bail des lots de peche con- formement aux dispositions de I'Article II de la presente Convention, auront, dans les limites de ces lots, le droit de faire librement usage des cotes, qui leur ont ete concedees pour I'exercice de leur Industrie de peche. lis pourront y faire des reparations necessaires a leurs barques et filets, tirer ces derniers a terre et debarquer leurs poissons et produits aquatiques, y saler, secher, preparer et emmagasiner leurs peches et cueillettes. Dans ces buts ils auront la liberte d'y construire des batiments, magasins, cabanes et secheries, ou de les deplacer. Article IV. Les sujets japonais et les sujets russes, qui ont acquis des lots de peche dans les regions specifiees a I'Article I de la presente Conven- tion, devront etre traites sur le pied d'egalite en tout ce qui concerne les impots ou taxes, qui sont ou seront leves sur le droit de peche et de preparation des produits de la peche et le materiel meuble et immeuble necessaire a cette industrie. Article V. Le Gouvernement Imperial de Russie ne percevra aucuns droits sur les poissons et produits aquatiques peches ou pris dans les Provinces du Littoral et de I'Amour, soit que ces poissons et produits aquatiques fussent manufactures, soit qu'ils ne le fussent pas, lorsqu'ils seront destines a etre exportes au Japon. Article VI. Aucune restriction ne sera etablie a I'egard de la nationalite des personnes employees par les sujets japonais dans la peche ou dans la preparation des poissons et produits aquatiques dans les regions speci- fiees h I'Article I de la presente Convention. jAPAx. ■ 177 Article VII. En ce qui concerne le mode de preparation des poissons et produit.s aquatiques, le Gouvernement Imperial de Russie s'engage a ne pas imposer aux sujets japonais de restrictions speciales dont seraient exempts les sujets russes ayant acquis des lots de peche dans les regions specifiees a I'Article I de la presente Convention. Article VIII. Les sujets japonais qui auront acquis le droit de peche pourront se rendre directement soit du Japon aux lieux de peche, soit des dits lieux au Japon, sur les batiments munis d'un certificat delivre au Japon par le Consulat russe competent, ainsi que d'un certificat de sante delivre par les autorites japonaises. Les dits batiments seront autorises a transporter, sans impots m taxes, d'un lieu de peche a un autre les personnes et les objets neces- saires a I'industrie de la peche, ainsi que les produits de peche et cueil- lettes; les batiments susmentioimes devront, sous tous les autres rap- ports, se soumettre aux lois russes de cabotage actuellement en vigueur ou qui seront edictees dans la suite. Abticle IX. Les sujets japonais et russes, qui auront acquis des lots de peche dans les regions specifiees a I'Article I de la presente Convention, seront places sur le pied d'egalite par rapport aux lois, reglements et ordon- nances actuellement en vigueur ou qui seraient edictes a I'avenir con- cernant la pisciculture et la protection des poissons et des droduits aquatiques, le controle de I'industrie y relatif et toute autre matieie se rapportant a la peche. II sera donne connaissance au Gouvernement japonais des lois et reglements nouvellement edictes au moins six mois avant leur mise en application. Quant aux ordonnances nouvellement etablies, connaissance en sera donnee au Consul japonais a Vladivostock au moins deux mois avant leur mise en vigueur. Article X. En ce qui concerne les matieres qui nc sont pas specialeuient de- signees dans la presente Convention, mais qui se rapportent a I'indus- trie de la peche dans les regions specifiees a I'Article I de la dite Con- vention, les sujets japonais seront traites sur le meme pied que les sujets russes qui auront acquis des lots de peche dans les regions susmentionnees. 35798—08 12 178 JAPAN. Article XI. Les sujets japonais pourront se livrer a la preparation des poissons et produits aquatiques dans les lots fonciers qui leur seront loues en dehors des regions specifiees a I'Article I de la presente Convention, le tout en se soumettant aux lois, reglements et ordonnances qui sont ou qui pourront etre en vigueur et applicables a .tons les etrangers en Russie. Article XII. Le Gouvernement Imperial du Japon, en consideration des droits de peche accordes par le Gouvernement Imperial de Russie aux sujets japonais en vertu de la presente Convention, s'engage a ne frapper d'aucuns droits d'importation les poissons et produits aquatiques peches ou pris dans les Provinces du Littoral et de 1' Amour, soit que ces poissons et produits aquatiques fussent manufactures, soit qu'ils ne le fussent pas. Article XIII. La presente Convention restera en vigueur pendant douze ans. EUe sera renouvelee ou modifiee au bout de tous les douze ans, en vertu d'un accord mutuel entre les deux Hautes Parties Contractantes. Article XIV. La presente Convention sera ratifiee et les ratifications seront echangees a Tokio le plus tot possible et en tout cas pas plus tard que quatre mois apres sa signature. En foi de quoi les Plenipotentiaires respectifs ont signe et scelle de leurs sceaux la presente Convention. Fait a Saint Petersbourg, le vingt huitieme jour du septieme mois de la qiiarantieme annee de Meidji, correspondant au quinze (vingt huit) Juillet de I'an mil neuf cent sept. (Signe) I. MoNTO. [l. s.J (Signe) IswoLSKY. [l. s.] (Signe) GouBASTOFF. [l. s.J JAPAN. 179 No. 37. JAPAN-RTJSSIA. PROTOCOLE ANNEXIi! A LA CONVENTION DE PIJCHE ENTRE LE JAPON ET la RUSSIE. Le Gouvernemcnt de Sa Majeste I'Empereur dn Japon et le Gou- vernement de Sa Majeste I'Empereur de toutes les Russies, jugeant necessaire de regler centaines questions resultant des dispositions de la Convention de Peche signe en ce jour, leurs Plenipotentiaires respectifs sont convenus des Articles suivants: Article 1. Les anses (inlets), faisant I'objet de I'exception mentionnee dans I'Article I de la Convention de Peche signee en ce jour, sont les sui- vantes : 1. Baie Saint Laurent, jusqu'a la ligne droite tiree du cap Pnaugun au cap Kliarguilakh. 2. Baie Metchigme. 3. Baie Koniam (Penkegunei), jusqu'a la ligne droite tiree du cap Netchkhonone au Grab Peek. 4. Baie Abolechev (Kalagan). 5. Baie Roumilet. 6. Baie Providence, jusqu'a la ligne droite tiree du cap Lissovsky au Ball's Head. 7. Baie Sainte Croix, jusqu'au parallele du cap Meetchken. 8. Baie Anadyr, jusqu'a la ligne droite tiree du cap Saint Basilius au cap Guek. 9. Baie Saint Paul. 10. Schliupotchnaia Gavane. 11. Lac Tuleny. 12. Lac Schestifoutovy. 13. Partie nord du Golfe du baron Korff. 14. Port Karaga. 15. Baie Betchevinsky. 16. Baie Avatchinsky, jusqu'a la ligne droite tiree du cap Bezimi- anny au cap Dalny. 17. Golfe Penjinsky, jusqu'au parallele du cap Mamet. 18. Baie du Grand Due Constantin. 19. Golfe Saint Nicolas, jusqu'a la ligne droite tiree du cap Lams- dorff au cap Grote. 180 JAPAN. 20. Bale Stchastia. 21. Golfe Baikal, jusqu'a la ligne droite tiree dii cap Tchaouno au cap Vitovtov. 22. Golfe Nyisky. 23. Golfe Nabilsky. 24. Bale Krestovy. 25. Bale Stark. 26. Bale Vanine, jusqu'a la ligiie droite tiree du cap Vessely au cap Bourny. 27. Baie Imperiale, jusqu'a la ligne droite tiree du cap Milioutine au cap Poutiatine. 28. Baie Temei, jusqu'au meridien du cap Strachny. 29. Baie Saint Vladimir, jusqu'a la ligne droite tiree du cap Balusek au cap Vatovsky. 30. Petit inlet situe dans la partie nord-est de la Baie Preobrajenie, jusqu'au meridien du cap Matveiev. II va sans dire que 1 'exception en question ne s'etendra que dans les limites des eaux territoriales russes. En ce qui concerne les cotes septentrionales de la Mer d'Okhotsk, a partir de I'embouchure du fleuve Podkaguerny jusqu'au Port Avan, a I'exception du Golfe Penjinsky (v. No. 17), les anses (inlets), devant faire I'objet de I'exception susmentionnee, seront determinees con- formement a la definition qui suit: bales dont I'enfoncement dans le continent (la longueur de thalweg) excede la largeur d'entree plus de trois fois. La peche sera, en outre, interdite aux sujets japonais comme aux autres etrangers, pour motifs strategiques, dans les Hmites des eaux territoriales des bales suivantes : 1. Baie De-Castries avec la Baie de Fredericksz, jusqu'a la ligne droite tiree du cap Castries au cap Kloster-Kamp et jusqu'a celle tiree du cap Kloster-Kamp au cap Ostry. 2. Baie Sainte Olga, jusqu'a la ligne droite tiree du cap Manevsky au cap Schkott. 3. Baie Pierre le Grand, du cap Povorotny au cap Gamov, y com- pris les iles se trouvant dans cette baie. 4. Baie Possiet, du cap Gamov au cap Boutakov. Article 2. En ce qui concerne les limites des Heuves par rapport, a la mer, les deux Hautes Parties Contractantes se confonneront aux principes et aux usages du droit international. Article 3. Le droit de peche accorde aux sujets japonais dans le Liman de I'Amour, en vertu de la Convention de Peche, est soumis aux con- ditions speciales suivantes : JAPAN. 181 1. Les sujets japonais pourront acquerir dans cette region des lots de peche aux enchferes publiques sur le meme pied que les sujets russes. 2. Les sujets japonais ayant acquis les lots de peche sont soumis, sous tous les rapports, relativement a I'industrie de peche, aux memes lois, reglements et ordonnances, qui sont ou qui pourrout etre edictes pour la peche fluviale, dans le bassin de I'Amour, que les sujets russes, adjudicataires des lots de peche eux-memes, et en particulier aux dis- positions que defendent aux concessionaires des lots de peche dans cette region I'emploi des ouvriers etrangers. Article 4. Les sujets japonais pourront, sur leur demande, acquerir aux en- cheres publiques des lots de peche n'importe ou dans les regions speci- fiees a I'Article I de la Convention de Peche, en se soumettant aux lois, reglements et ordonnances actuellement en vigueur ou qui seront edictes dans la suite, pour I'elevage et la protection des poissons, pour le controle de I'industrie y relative et pour toute autre matiere con- cernant la peche dans les regions susmentionnees. II va sans dire que les sujets japonais ne seront assujettis a ces lois, reglements et ordon- nances qu'autant que ces memes lois, reglements et ordonnances seront applicables aux sujets russes eux-memes ayant acquis des lots de peche dans ces regions. Article 5. La denomination de "sujets russes ayant acquis des lots de peche " (v. Articles II, IV, VII, IX et X de la Convention de Peche et Article 4 du present Protocole) ne s'applique ni aux colons, ni aux races indigenes jouissant de privileges speciaux. Article 6. II va sans dire que le Gouvernement Imperial de Eussie se reserve le droit d'accorder des droits de peche aux colons qui viendraient s'etablir dans les endroits ou n'existent pas de lots de peche au profit des adjudicataires ; il en sera de meme pour les races indigenes. Le Gouvernement Eusse s'engage a ne pas accorder, pendant toute la duree de la Convention de Peche, les dits droits aux colons ou aux races indigenes dans les endroits ou des lots de peche auront ete une fois crees. II est convenu que la qualite de colon n'est -donnee qu'aux individus et leur famille s'adonnant personnellement a la peche sans avoir re- cours a des ouvriers. Article 7. Le Gouvernement Imperial de Eussie assure pour I'avenir que les lots de peche deja existants dans les regions specifiees a I'Article I 182 JAPAN. de la Convention de Peche resteront ouverts pendant toute la duree de la dite Convention, a I'exception des lots occupes actueUement par les colons pour leur peche. Abticle 8. La duree des concessions de lots de peche, vendus aux encheres publiques, sera fixee comme ,smt : (1) Un an, pour les lots qui seront ouverts pour la premifere fois apres la mise en vigueur de la Convention de Peche. (2) Trois ans, pour les lots qui ont deja ete exploites pendant un an. (3) Trois ans, pour les lots qui ont deja ete exploites pendant la premiere periode de trois ans. (4) Cinq ans, pour les lots qui ont deja ete exploites pendant les deux periodes de trois ans. Ahticle 9. Les baux des lots de peche, dont le terme n'aura pas encore pris fin au moment de I'expiration de la periode de douze ans mentionnee a I'Article XIII de la Convention de Peche, continueront a etre va- lables pendant toute la duree du terme fixe dans les baux susmen- tionnes, quelle que soit la decision qui pourra etre prise par les deux Parties Contractantes concernant la Convention elle-meme. Abticle 10. Le Gouvernement Imperial de Russie n'aura pas d'objection a ce que les sujets japonais fabriquent les engrais de hareng et de plusieurs especes de poissons tombant par hasard dans les filets avec les ha- rengs lorsqu'ils marchent en banc. Le Gouvernement russe n'aura pas non plus d'objection a ce que les sujets japonais preparent et salent les poissons saumonn^s (PtiOa ^ococeBoft Iloporti) a la maniere japonaise. ArTICIiE 11. Le certificat de navigation, pour le parcours du Japon aux pecheries dans les eaux russes et retour, est delivre par les Consulats russes competents aux pecheurs japonais sur la presentation des documents attestant : 1. Le droit de bail du lot (ou des lots), vers lequel le batiment veut se rendre; 2. Le nombre de personnes h bord ; 3. La nature de la cargaison, comme etant uniquement destinee a I'industrie de peche, et sa quantite. Le certificat de navigation enumere: 1. Le nom du batiment et du port auquel il est inscrit; 2. Le nom de I'entrepreneur de peche — titulaire du lot (ou des lots) ; JAPAN, 183 3. L'indication exacte du lot (ou des lots) de peche, vers lequel se rend le batiment ; 4. La nature et la quantite de la cargaison; 5. Le nombre de personnes a bord. Le batiment muni du certificat susmentionne et du certificat de sante est autorise a entrer et a relacher seulement sur les points du littoral russe qui sont indiques dans le certificat. II va sans dire que les ports ou existe une douane sont toujours accessibles au dit bati- ment. Les batiments japonais se rendant dans les eaux russes pour s'y livrer a la peche des baleines, des morues etc., en vertu du troisieme alinea de I'Article II de la Convention de Peche, doivent relacher prealablement dans un des ports russes specialement designes, ou les autorites russes competentes kur delivreront pour cette peche un permis special, qui leur servira, en meme temps, de certificat de navigation. AUTICLE 12. L'emploi du tateami ordinaire sera autorise dans tons les lots de peche occupes par les sujets japonais, sauf dans les lots qui se trou- vent dans le voisinage le plus rapproche de I'embouchure des fleuves ; il est convenu en outre que pour ces derniers lots de peche, l'emploi du tateami ne pourra pas etre iaterdit dans le cas ou la peche au moyen de filets mobiles n'y est pas praticable. AUTICUE 13. II est entendu que I'expression " poissons et produits aquatiques," employee dans la Convention de Peche et le Protocole y annexe, sera comprise dans le sens de toutes especes de poissons, animaux, plantes et autres produits aquatiques, sauf les phoques a fourrure et les lou- tres marines. Aeticle 14. Le present Protocole sera considere comme ratifie par la ratifica- tion de la Convention de Peche signee en ce jour; 11 aura la meme duree que la dite Convention. En foi de quoi les Plentipotentiaires des deux Pays ont signe et scelle de leurs sceaux le present Protocole. Fait a Saint Petersbourg en double exemplaire le vignt huitieme jour de septieme mois de la quarantieme annee de Meidji, correspond- ant au quinze (vignt huit) juillet de I'an mil neuf cent sept. (Signe) ■ I. MoTONO. [l. s.] (Signe) IswoLSKY. [l. s.] (Signe) GoTJBASTOFF. [l. s.] 184 JAPAN. N^o. 38. JAPA:N^— KTJSSIA. DnSCLAEATIONS RELATIVES A LA CONVENTION DB PfiCHE ENTRE LE JAPON ET LA RUSSIE. Protocole No. 4 de la Conference en vue de la conclusion d'une Convention de peche entre le Japon^et la Eussie. Seance du 18/5 Juin 1907. Avant de clore la presente seance les Plenipotentiaires du Japon et. de Russie ont echange les declarations suivantes : 1. En ce qui concerne les cotes septentrionales de la Mer d'Ok- hotsk, le Gouvernement Imperial de Eussie, sans attendre le resultat definitif des levees detaillees de ces cotes, auxquelles on procedera sans tarder, consent a accorder aux sujets japonais les lots de peche dans les endroits qui evidemment ne rentrent pas dans la definition con- venue du terme " anse " (inlet). 2. En ce qui concerne la defense de I'emploit des ouvriers etrangers dans les lots de peche du Liman de PAmour, le Plenipotentiaire de Russie a donne au Plenipotentiaire du Japon I'explication suivante : Dans les lots de peche a long terme I'emploi des ouvriers etrangers est interdit tant pour le peche que pour la preparation des poissons ; mais les possesseurs de ces lots pourront, sur leur demande, acquerir a bail des lots fonciers a court terme dans les endroits se trouvant a une distance d'environ une demi a une verste de leurs lots de peche. Dans ces lots fonciers, destines a la preparation des poissons, aucune restriction n'est imposee quant a la nationalite des ouvriers qui y sont employes. Dans les lots de peche a court terme, I'emploi des ouvriers etrangers est interdit seulement pour la peche des poissons elle meme. Mais il est permis d'employer, a terre, pour la preparation des poissons, des ouvriers de toutes les nationalites sans aucune distinction. II va sans dire que dans les lots a long terme comme dans les lots a court terme les dites restrictions relatives a la nationalite ne s'appli- quent pas aux personnes qui ne rentrent pas dans la categoric des ouvriers, tel que les preposes-gurveillants, commis, etc. 3. II est entendu que I'expression de " baux a court terme" ne s'applique qu'aux baux dont le terme ne depasse pas un an. JAPAN. 185 4. II est convenu que les lots de peche se trouvant dans les regions specifiees a 1' Article I de la Convention de Peche et loues a bail a long terme avant la raise en vigeur de la dite Convention seront egalement loues a long terme immediatement apres la mise en vigueur da la meme Convention. 5. Tous les batiments a vapeur japonais naviguant dans les eaux russes pour s'y livrer a I'industrie de la peche doivent etre munis d'un livre de bord en traduction russe ou anglaise. Quant aux batiments a voile japonais naviguant dans les eaux russes pour I'industrie de la peche, ils se conformeront a la disposition ci-dessus autant qu'il leur sera possible. 6. Les principes poses dans 1' Article XI de la Convention de Peche ayant ete etablis, le Plenipotentiaire du Japon a exprime I'espoir que le Gouvernement Imperial de Russie, en imposant aux sujets japonais les restrictions qui pourraient decouler de I'application de cet Article, ne sera guide que par des considerations d'ordre public et tachera de les reduire autant que faire se pourra. I^e Plenipotentiaire russe lui a repondu qu'il partageait cette maniere de voir et que I'intention du Gouvernement russe etait d'etablir, pour tous les ressortissants ctrangers se livrant a I'industrie mentionnee dans le dit Article, le regime qui existe deja dans la region de Nicolaiewsk (I'embouchure de I'Amour et le Liman), en se reservant cependant de ne pas letendre aux localites oil la surveillance est difficile. 7. Le Plenipotentiaire du Japon prenant acte de I'acceptation definitive par le Plenipotentiaire de Kussie de la redaction de 1' Article V par lequel le Gouvernement russe s'engage a ne percevoir aucun droit, impot ou taxe, sous quelque denomination que ce soit, sur les poissons et produits aquatiques peches ou pris dans les eaux russes des Provinces du Littoral et de I'Amour et destines a etre exportes au Japon, que ces poissons et produits aquatiques fussent manufactures ou ne le fussent pas, declare que son Gouvernement, de son cote, ne percevra, non seulement les droits d'importation mentionnes dans I'Article XII, mais aucun droit, impot ou taxe, sous quelque denomi- nation que ce soit, sur les poissons et produits aquatiques peches ou pris dans les eaux russes des Provinces du Littoral et de I'Amour et importes au Japon, que ces poissons et produits aquatiques fussent manufactures ou ne le fussent pas. 8. Pour eviter toute cause de malentendu a I'avenir relativement a certaines anses fp,isant I'objet de I'exception mentignnee a I'Article I de la Convention de Peche, la carte ci-jointe donnant les limites exactes des dites anses a ete annexee aux presents Protocoles. 186 JAPAN. nSTo. 39. JAPAN— RUSSIA. PROTOCOLE RELATIF A CERTAINS CONSTJLATS JAPONAIS ET RtrSSES. Le Gouvernement Imperial du Japon et le Gouvernement Imperial de Russie ayant decide, au cours des negociations relatives au Traite de commerce et de navigation entre les deux pays et a la Convention de peche, de regler certaines questions consulaires, les soussignes, dument autorises, sont tombes d'accord de f ormuler I'entente survenue a ce sujet comme suit: (1) Le Gouvernement Russe accordera dans les formes usitees I'autorisation d'ouvrir un Consulat Japonais a Wladivostok et un Consulat Japonais a Nikolaiewsk ; (2) Le Gouvernement Japonais accordera de son cote egalement dans les formes usitees I'autorisation d'ouvrir un Consulat Russe a Tsuruga et un Consulat Russe a Otaru; (3) Le present arrangement entrera en vigueur aussitot apres I'echange des ratifications du Traite de commerce et de la Convention de peche. En foi de quoi les plenipotentiaires respectifs ont signe et scelle de leurs sceaux le present Protocole. Fait a St. Petersbourg, le vingt huitieme jour du septieme mois de la quarantieme annee de Meidji, correspondant au quinze (vingt huit) juillet de I'an mil neuf cent sept. (Sigti6) (Signe) I. MoTONO. [l. s.] Iswolsky, [l. s. j JAPAN. ' ]^87 :n"o. 4o. JAPAN. IMPERIAL ORDINANCE SANCTIONING ORGANIZATION OF SOUTH MANCHURIA RAILWAY JOINT STOCK COMPANY. Issued June 7, 1906. [Translated from Japanese.] We hereby sanction the organization of the South Manchuria Eail- way Joint Stock' Company and cause the following Ordinance to be promulgated. (Sign Manual) (Privy Seal) June 7, 1906. ' (Countersigned) Marquis Kimmochi Saionji, Minister President of State. (Countersigned) Isabueo Yamagata, Minister of State for Gonmmnications. IMPERIAL ORDINANCE NO. 142, JUNE 7, 1906. Article I. The Government shall cause the organization of the South Manchuria Eailway Joint Stock Company for the purpose of engaging in railway traffic in Manchuria. Article II. The shares of the company shall all be registered <^ and may be owned only by the Japanese and Chinese Governments or by subjects of Japan and China. Article III. The Japanese Government may offer its Manchurian railways, and their appurtenances, and its coal-mines in Manchuria, as the capital to be furnished by the Government. Article IV. The company may divide the new shares to be raised into several issues to be floated at different times, but the amount of the first issue shall not be less than one-fifth of the whole amount. Article V. The first payment upon the shares need not exceed one- tenth of the value of the shares. Article VI. The company shall establish its head-office at Tokio and a branch office at Dalny. " Signed. 188 JAPAN. Article VII. The company shall have a president, a vice-presi- dent, four or more directors and from three to five inspectors. Aeticle VIII. The president shall represent the company and manage its affairs. The vice-president shall perform the president's duties when the latter is prevented from discharging them, and shall act as president when the latter post is vacant. The vice-president and directors shall assist the president in his duties and shall take charge of various departments of the company's business. The inspectors shall examine the business of the company. Article IX. The Government, subject to the Imperial sanction, shall appoint the president and vice-president, whose terms of office shall be five years. The Government shall appoint the directors from among those shareholders who own fifty or more shares. The term of office shall be four years. The inspectors shall be elected from among the shareholders at a general meeting of the latter. The term of office shall be three years. Article X. The amount of compensation and allowances of the president, vice-president and directors shall be fixed by the Gov- ernment. Article XI. The president, vice-president and directors of the company shall not engage in any other business or trade, under any name whatsoever, during their terms of office except by special per- mission of the Government. Article XII. The Government shall appoint supervisors for the South Manchuria Railway Joint Stock Company to supervise the business of the company. The supervisors may at any time examine the company's business and inspect their safes, books, documents and any other articles be- longing to the company. The supervisors, whenever they may deem it necessary, may order the company to report on the various accounts and the condition of the company's business. The supervisors may attend the general meetings of the sharehold- ers of the company, or any other meetings, and express their opinions, but shall not be entitled to vote. Article XIII. The Government may issue such orders as may be necessary to superintend the business of the company. Article XIV. In case the decisions of the company or the conduct of its officers are in violation of laws and regulations or of the object of the company, or are detrimental to the public welfare, or fail to carry out the orders of the Government office under whose jurisdic- tion the company is, the Government may cancel the said decisions or dismiss the officers concerned. JAPAN. 189 Article XV. When the Government deems it necessary, it may apply to the company the provisions of the laws and regulations re- lating to railways in Japan. In the case referred to in the preceding paragraph the Government shall inform the company in advance as to the laws and regulations to be so applied. Article XVI. When not otherwise provided for in this Ordi- nance, the provisions of the Commercial Code and its Supplemen- tary Laws and Regulations shall be applied. Article XVII. The provisions of Imperial Ordinance No. 366," of 1900, shall not be applied to the company that is to be organized in accordance with this Ordinance. supplementary rules. Article XVIII. The Government shall appoint a commission to transact all business relating to the organization of the South Man- churia Railway Joint Stock Company. Article XIX. The organizing commission shall draw up the company's articles of association, and after the said articles have been approved by the Government, shall open the subscriptions for the first issue of shares. Article XX. When the first issue of the company's shares has been subscribed, the commission shall present to the Government the subscription list and apply for permission to organize the company. Article XXI. When the permission referred to in the preceding Article has been given, the organizing commission shall, without delay, call for the first instalment upon each share. When the first instalment referred to in the preceding Article has been paid in, the commission shall, without delay, call a general meeting for organization. Article XXII. At the close of the first general meeting the organ- izing commission shall turn over its business to the President of the South Manchuria Railway Joint Stock Company. " Relates to the construction of railways in foreign countries by Japanese companies. 190 JAPAN. ]sro. 41. JAPAN. GOVERNMENT ORDER CONCERNING THE SOUTH MANCHURIAN R. R. JOINT STOCK COMPANY & ARTICLES OF INCORPORATION. Issued August 1, ]906. [Translated from Japanese.] To Masatake Terauchi, Chairman of the Organizing Commission of the South Manchurian Kailway Joint Stock Company, And eighty other members of the Commission: The following orders are hereby given respecting the several mat- ters relating to the organization of the South Manchurian Railway Joint Stock Company, all matters pertaining to the management of which have been entrusted to the Commission. August 1, 1906. ISABUEO YaMAGATA, Minister of C ommunications. YosHiEO Sakatani, LL. C, Minister of Finance. Viscount Tadastj Hayashi, Minister for Foreign Affairs. Article 1. — In accordance with the Additional Agreement of the Japan-China Treaty relating to Manchuria, signed on December 22 1905, the company shall engage in the traffic of the following railways : Tairen-Changchun. Nankuanling-Port Arthur. Tafangshen-Liushutun. Tashichiao-Yingkow. Yentai-Yentai Coal Mine. Sukiatun-Fushun. Mukd en - Antunghien . Article 2. — The railways mentioned in the preceding Article Shall be changed to the 4 feet 8. .5 inch gauge within three (3) years count- ing from the day on which the company commences its operations. On the Tairen-Changchun Railway the tracks between Tairen and Sukiatun " shall be doubled. " Near Mukden. JAPAN. 191 ARTiciiE 3. — The company shall make the various arrangements nec- essary for the lodging and meals of the passengers, as well as for the storage of goods at the principal stations on the line. At the points on the harbors and bays touched by the railways the necessary arrangements shall be made for connecting water and land transportation. Aeticle 4.^For the convenience and the profit of the railways, the company may engage in the following accessory lines of business : Mining, especially the operation of the coal-mines at Fushun and Yentai. Water transportation. Electrical enterprises. Sale on commission of the principal goods carried by the railways. Warehousing. Business relating to the land and buildings on the land attached to the railway^ In addition, any business for which Government permission has been given. Article 5. — The companj^ shall, subject to the permission of the Government, make the necessary arrangements for engineering works, education, sanitation etc. within the area of lands used for the rail- ways and the accessory lines of business. ' Article 6. — To defray the expenses necessary for the arrangements mentioned in the preceding Article, the company may, subject to the permission of the Government, mnect fees of those who live within the area of lands used for the railways and the accessory lines of busi- ness, or make any other assessments for necessary expenses. Article 7. — The total amount of the company's capital stock shall be 200 million Yen, of which 100 million Yen shall be furnished by the Imperial'^ Government. Article 8. — The capital to be furnished by the Government men- tioned in the preceding Article shall consist of the following prop- erties : The existing railways. All properties belonging to the railways, except those in the leased territory specially designated by the Government. The coal mines at Fushun and Yentai. Article 9. — The rolling stock now being used by the Government, and the rails as well as the accessories of the Mukden-Antunghien temporary railway, shall be sold to the company at a reasonable price.. Article 10. — The shares not owned by the Government shall be open to subscription by Japanese and Chinese subjects. Article 11. — When the dividend of the company for any bu,siness year is less than six (6) per cent per annum on the paid amount for " Japanese. 192 JAPAN. the shareholders other than the Governments of Japan and China (hereafter to be styled merely "the shareholders"), the Government shall supply the deficiency for a period of fifteen (15) years only, (or for thirty (30) business years if the calendar year be divided into two business joars,) commencing from the day of the registration of the company's establishment. However, the amount of money to be furnished by the Government to supply the deficiency referred to shall, under no circumstances, exceed six (6) per cent per annum on the capital paid in by the shareholders. Article 12. — IVhen the dividend of the company for any business year does not exceed six (6) per cent per annum on the capital paid in by the shareholders, the dividend on the shares owned by the Gov- ernment need not be paid. The shares owned by the Chinese Government shall be dealt witb in a similar way to those owned by the Imperial Government. Article 13. — The Government shall guarantee the payment of in- terest on the debentures which the company may issue for the recon- struction of the railways, or for the operation of the accessory busi- ness, and on those which the company may issue for consolidating or redeeming these debentures. The Government shall, if necessary, guarantee the repayment of the principal. The amount of the face value of the debentures to be guaranteed by the Government shall not exceed the amount remaining when the capital paid in by the shareholders other than the Government is subtracted from the total of the capital subscribed by them." The debentures mentioned in the first paragraph shall be redeemed within twenty-five (25) years counting from the year of their issuance. Article 14. — For the debentures issued in accordance with the pro- visions in the first paragraph of the preceding Article, the Govern- ment shall supply the amount corresponding to the interest on the debentures. When the dividend on the capital paid up by the shareholders ex- ceeds six (6) per cent per annum, the surplus shall first be applied to the payment of the. interest on the debentures. However, in this case the amount of surplus shall be deducted. Article 15.— AVhen there is any surplus after paying the interest on the debentures, as mentioned in the preceding Article, out of the profits of the company's business, the said surplus shall be appor- tioned to the shares owned by the Governments of Japan and China until the rate is equal on the respective amounts paid up by all share- holders. "SLall not exceed the difference between the capital subscribed and the amount paid in. JAPAN, 193 Article 16. — The money to be supplied by the Government, as pro- vided for in Articles 11 and 14, shall bear interest at six (6) per cent per annum. The interest shall be added annually to the principal, and the total shall be the company's indebtedness to the Government. When the dividend for all the shares exceeds ten (10) per cent per annum, the surplus shall be devoted to the redemption of the com- pany's debt mentioned in the preceding paragraph. Aeticle 17. — Any surplus of funds raised by means of the deben-. tures mentioned in Article 13 shall be deposited with the Division of Deposits in the Department of Finance. Article 18. — The company shall determine estimates of the capital to be paid up and the debentures to be floated during each business year, their face value, issuing price, rate of interest, date of issuance et cetera, and shall receive the Government's approval. Article 19. — The company shall determine the regulations relating to its finances and business, and shall secure the Government's ap- proval. When the company desires to alter the regulations mentioned in the preceding paragraph and the articles of incorporation, similar steps shall be taken. Article 20.; — The plans of the company's business, the estimate of the cost of operation, the budget of income and expenditures con- nected with the company's business, the settlement of the same and the rate of the dividend for each business year shall be submitted to the Government for approval. When the company desires to alter the foregoing items, similar steps shall be taken. Article 21. — At the designation of the Government the company shall report on the following matters : The present condition of the cost of operation as well as the income and expenditures connected with the company's business. The actual condition of the company's work in general. Article 22. — Without the permission of the Government the com- pany shall not dispose of its principal rights and properties; nor give the same for security. Article 23. — When the Government deems it necessary, it may order the freight charges to be reduced, but only under special conditions. Article 24. — The Government may, when it deems necessary, order the company to make new works arrangements or modify the exist- ing ones. Article 25.— At the designation of the Government the company shall be under obligation at any time to place the railways, land and any other articles at the service of the Government. .35798—08 ^13 194 JAPAN. Akticle 26.— The Articles and paragraphs relatifxg to the funds to be supplied by the Government and the Government guarantees mentioned in the present order shall be confirmed upon the approval of the Imperial Diet. THE ARTICLES OF INCORPORATION OF THE SOUTH MANCHURIAN RAILWAY JOINT STOCK COMPANY. Chapter I. — General provisions. Abticle 1. This company shall be called the South Manchurian Railway Joint Stock Company and is established in accordance with Imperial Ordinance No. 142 of 1906 and in obedience to the Order of the Imperial Japanese Government. Article 2. The liability of the shareholders of this company is limited to the value of the shares owned by them. Article 3. This company shall establish its head-office at Tokyo and its branch office at Tairen." Article 4. — The objects of this company are as follows : I. To engage in the transportation business of the following rail- ways in Manchuria : Tairen-Chanchung Railway Nankuanling-Port Arthur Railway Tafangshin-Liushutun Railway Tashichiao-Yingkow Railway Yentai-Yantai Coal-Mine Railway Sukiatun-Fushun Railway Mukden- Antunghien Railway. II. To engage in the following lines of accessory business for the benefit of the railways : Mining, especially the operation of the coal mines at Fushun and Yentai. "Water transportation. Electrical enterprises. Warehousing. Business relating to the land and buildings on the land attached to the railways. Any other business for which the permission of the Government may be given. Article 5. The capital of this company shall be 200,000,000 yen. However, the amount of the first subscription of shares shall be Yen 20,000,000, not including the shares to be owned by the Imperial Japanese Government. The second and subsequent subscriptions " Dalny. JAPAN. 195 shall be opened from time to time, as necessity may require, upon the resolution of a general meeting of the shareholders. Article 6. The public notices of this company shall be published in the newspapers in which the public notices of the court of law are published to whose jurisdiction the company is subject in Tokyo," and in the newspapers in which the public notices of the Government General of Kwantung are published at Tairen. Chapter II. — Shares. Article 7. The share certificates of this company shall all be reg- istered, and each share shall be two hundred (200) Yen. Article 8. The certificates of shares of this company shall be of the following seven denominations: One-share certificates Five-share certificates Ten-share certificates Fifty-share certificates One hundred-share certificates One thousand-share certificates Ten thousand-share certificates Article 9. The certificates of shares of this company shall bear the name of the company, the date of registration, the total amount of capital, the amount of each share, the amount paid up, and the number of the certificate. They shall bear the signature and seal of the President. Article 10. As to the payments upon the shares, twenty (20) Yen per share shall be paid in at the first call. For the second and sub- sequent calls on the shares, the President shall determine the amount to be paid in as well as the time of payment, and notice of the same shall be sent to each shareholder at least sixty (60) days in advance. However, each call on the shares shall not exceed twenty (20) Yen per share. Article 11. If a shareholder fails to make payment by the date fixed for payment on the shares, delay interest shall be charged him at the rate of four (4) sen per day per one hundred (100) Yen on the amount due. Article 12. If a shareholder fails to make payment within fifteen (15) -days from the date fixed for the first payment on the shares, the company may demand that payment be made within thirty days ; and if the money is not paid in by that time the company may notify him that his rights as a shareholder of this company shall be forfeited. In the case mentioned in the previous paragraph, where rights are lost, the application money previously paid shall not be refunded. " The location of the head-office. 196 JAPAN. Article 13. If at the second and subsequent calls on the shares a shareholder fails to make payment within fifteen (15) days after the date fixed for payment, the company may notify such shareholder that payment must be made within thirty (30) days, and that, in the case of failure to comply, his rights as a shareholder of this company shall be forfeited. When, in the case mentioned in the previous paragraph, a share- holder has forfeited his rights as such, the company shall notify each assignor" of shares that payment must be made within fifteen (15) days« and the assignor who first pays the amount in arrears shall ac- quire the shares. Ifno assignor pays, the company shall sell the shares at auction. If the amount realized by the auction is not sufficient to cover the amount in arrears, the previous shareholder shall be re- quired to make good the deficit. If the previous shareholder does not make good within fourteen (14) days, the company shall demand per- formance of the assignors. Article 14. The liability of the assignors mentioned in the preced- ing Article is extinguished after two years from the time when the assignment was entered in the Register of Shareholders. Article 15. If a company or any other legal person, public or pri- vate, owns the shares of this company, it shall appoint its representa- tive and have his name entered in the Register of Shareholders of this company. If shares are held by two or more persons in common, they are required to appoint one person to exercise their rights as share- holder. Persons holding shares in common are jointly and severally liable to the company for the payment upon the shares. Article 16. When shares are to be assigned, the parties concerned shall make a written statement in accordance with the form pre- scribed by this company and apply for the alteration of the certifi- cates of shares. However, when a person inherits shares by virtue of succession, bequest or any decision rendered by a court of law, such person is required to attach to the statement referred to a certificate of the census official or other documents as evidence that the company may deem necessary. The assignment of any share shall not be valid unless the name and domicile of the assignee are entered in the Register of Shareholders and the name of the said assignee is entered on the share certificate in question. Article 17. Should any certificate of shares be destroyed, mutilated or lost, the shareholder may apply for a new certificate of shares by presenting to the company a statement giving the facts in the case and signed by two or more persons as guarantors. However, in case of loss, a public notice to that effect shall be given at the expense of " 1. e., one who has previously held the shares. JAPAN. 197 the applicant, and the new certificate of shares shall be issued only when no objection is raised within sixty (60) days from the date of the said public notice. Article 18. If any shareholder wishes to change the denominations of his certificates of shares, the said certificates shall be presented to the company together with the application. AnTicLE 19. For the registration of a change of an owner's name on a certificate of shares, the issue of a new certificate of shares or the alteration of the denomination of a certificate of shares, the pre- scribed fees of the company shall be collected from the applicant. Article 20. During a period not exceeding thirty (30) days im- mediately preceding each ordinary general meeting of shareholders, the company shall suspend the assignment of shares. Chapter III. — Shareholders. Article 21. The shareholders of this company shall be limited to the Governments of Japan and China, and the subjects of Japan and China. Article 22. The Imperial Japanese Government shall furnish the following properties as capital, and the company shall deliver to the Government five hundred thousand (500,000) shares, amounting to Yen 100,000,000, which is the value of the said properties : The existing railways (except the rolling stock now actually in use, as well as the rails and accessories of the Mukden-Antunghien Tem- porary Eailway) . All properties attached to the railways referred to, except such properties within the leased -territory as may be designated by the Government. The coal-mines at Fushun and Yentai. Article 23. Each shareholder shall have the right to one vote for each share owned by him. Article 24. The shareholders and their legal representatives shall report to the company their domiciles, names and a copy of their legal seals, when they acquire shares. When any alteration in the above facts has taken place, similar measures shall be taken. Chapter IV. — General meeting. Article 25. An ordinary general meeting shall be called by the President twice every year in the month of June and December. An extraordinary general meeting shall be called by the President when the President or the Inspectors deem it necessary to do so, or when the shareholders owning at least one-tenth or more of the total num- ber of shares have presented a request to that effect, stating the ob- ject of the general meeting and the reasons for calling the same. When the shareholders have requested a general meeting to be called, 198 JAPAN. the President shall take steps for calling the same within fourteen (14) days. Aeticle 26. The discussion at a general meeting shall be confined to the subjects previously announced. • AuficLE 27. The date, time and place of a general meeting shall be determined by the President, and a notice to that effect shall be sent out to the shareholders at least thirty (30) days in advance of such meeting. Abticle 28. The President shall act as chairman of a general meet- ing. Article 29. The shareholders may appoint only shareholders of this company as their representatives, and their powers of attorney shall be presented to the company. Article 30. The chairman of the general meeting shall be allowed to exercise his right to vote as a shareholder. Article 31. Resolutions of a general meeting shall be adopted by a majority vote of the shareholders present. In case of a tie, the chairman shall have the casting vote. Article 32. The issuance of company debentures or amendments to the Articles of Incorporation shall be decided by a majority vote, with more than one-half of the total number of shareholders and also of shareholders representing a half or more of the capital stock present. If, in the case mentioned in the preceding paragraph the necessary quorum is not present, a provisional decision may be made by a majority of the shareholders present. A notification giving the essential details of the said provisional decision shall be sent to each shareholder, and another general meeting shall be called in not less than one month. At the second general meeting the said provisional decision shall be confirmed or rejected by a majority vote of the shareholders present. Article 33. The minutes of a general meeting shall be recorded in the Proceedings of the general meetings, and the same shall bear the signatures and seals of the President and chief officers present. Article 34. The chairman of the general meeting may adjourn the meeting or change the place of meeting. The discussion at an adjourned meeting shall be confined to the subjects on which no decision was made at the preceding meeting. Chapter V. — Chief officers. Article 35. The chief officers of this company shall be as follows: President 1 Vice-President 1 Directors 4 or more Inspectors 3 to 5 JAPAN. 199 Article 36. The term of office of the President and Vice-Presi- dent shall be five years, and they shall be appointed by the Govern- ment subject to the Imperial sanction. The term of office of the Directors shall be four years, and they shall be appointed by the Government from among those who own fifty (50) shares or more. The term of office jDf the Inspectors shall be three years, and they are to be elected by the shareholders at a general meeting of the shareholders. Article 37. The remunerations and allowances of the President, Vice-President and Directors shall be determined by the Govern- ment. The remuneration of the Inspectors shall be determined by a resolution of a general meeting of the shareholders. Article 38. The Directors are required, during their term of office, to deposit with the Inspectors fifty (50) shares of the company owned by them. These shares shall not be returned to their owners even on their retirement from office until all affairs transacted dur- ing their term of office shall have been approved at a general meeting. Article 39. In the event of the office of any Inspector becoming vacant, an extraordinary general meeting of the shareholders shall be called for the purpose of a by-election, and the new Inspector shall hold office during the remainder of the term of office of his predecessor. However, a by-election may be postponed until the next general meeting of the shareholders, except when the number of Inspectors has decreased to two or less. Article 40. The President shall represent the company and have general control of all its affairs. The Vice-President shall represent the President when he is pre- vented from discharging his official duties, and shall act as President when that office is left vacant. The Vice-President and the Directors shall assist the President, and each shall take charge of a part of the business of the company. The Inspectors shall inspect the affairs of the company. Article 41. During their respective terms of office the President, Vice-President and Directors shall not engage in any other occupa- tion or business under any name whatever without the permission of the Government. Article 42. The President shall keep at the head-office as well as the branch office copies of the Articles of Incorporation and of the Record of Eesolutions of the general meetings of shareholders. He shall also keep at the head-office the Register of Shareholders and the Ledger of Debentures. 200 JAPAN. Article 43. The President shall submit the following documents to the Inspectors seven (7) days in advance of the date set for the ordinary general meeting of shareholders: (1) An inventory of the company's properties. (2) A balance sheet. (3) A report on the company's works. (4) An account of the profits and losses. (5) Proposals relating to the reserve funds and to the dividends. Article 44. The President shall have in readiness at the head-office before the day of an ordinary general meeting of the shareholders the documents mentioned in the preceding Article and the Inspectors' report. Article 45. The President shall submit to an ordinary general meeting of the shareholders the documents mentioned in Article 43 and obtain its approval. The President shall publish the balance sheet when he has obtained the approval mentioned in the preceding paragraph. Article 46. The Inspectors are required to examine the documents to be submitted by the President to a general meeting of shareholders and to report their views at the said meeting. Article 47. The Inspectors may at any time demand the Presi- dent to report on the business of the company, and may examine the management of its affairs and the condition of its properties. Chapter VI. — Supervisors. Article 48. The Supervisors of the South Manchurian Railway Joint Stock Company may at any time inspect the arrangements of the company's work, or examine the safes and books of the company, as well as the various documents and articles belonging to it. The Supervisors may, whenever they deem it necessary, order the company to report on the various business accounts and the condition of the company. The Supervisors may attend the general meetings of the share- holders or any other meetings and express their opinions, but they are not entitled to vote. Chapter VII. — Accounts. Article 49. The account of this company shall be settled by divid- ing a year into two periods. From April to September of every year shall be the first half year and from October to the following March shall be the second half year. Article 50. This company shall set aside as a reserve fund one- twentieth (1/20) or more of the profits, whenever they are appor- tioned, until the reserve fund amounts to one-fourth (1/4) of the capital. JAPAN. 201 Special reserve funds other than that provided for in the preceding paragraph shall be determined by a resolution of a general meeting. Article 51. The dividends to the shareholders shall be paid ac- cording to the Register of Shareholders as it stands on June 1 and December 1. Article 52. When the dividend of the company for any business year is less than six (6) per cent per annum on the paid up capital for the shareholders other than the Governments of Japan and China (hereafter to be styled merely " the shareholders ") , the Imperial Japanese Government shall supply the deficiency for a period of fifteen (15) years commencing from the day of the registration of the com- pany's establishment. However, the amount of money to be supplied by the Government shall, under no circumstances, exceed six (6) per cent per annum on the capital paid in by the shareholders. Article 53. When the dividend of the company does not exceed six (6) per cent per annum on the capital paid in by the shareholders, the dividend on the shares owned by the Government need not be paid. The shares owned by the Chinese Government shall be dealt with in a similar way to those owned by the Imperial Japanese Government. Article 54. The payment of interest on the debentures which the company may issue for the reconstruction of the railways, or for the operation of the accessory business, and on those which the company may issue for consolidating or redeeming old debentures, shall be guaranteed by the Imperial Japanese Government. The reimbursement of the principal may also, if necessary, be guaranteed by the Imperial Japanese Government. The amount of the face value of the debentures to be guaranteed by the Imperial Japanese Government shall not exceed the amount remaining when the capital paid in by the shareholders other than the Imperial Japa- nese Government is subtracted from the total of the capital (Yen 100,000,000) subscribed by them. The debentures mentioned in the first paragraph of this Article shall be redeemed within twenty-five (25) years. Article 55. For the debentures issued in accordance with the pro- visions of the first paragraph of the preceding Article, the Govern- ment shall supply the amount corresponding to the interest on the debentures. When the dividend on the capital paid up by the shareholders ex- ceeds six (6) per cent per annum, the surplus shall first be applied to the payment of the interest on the debentures. However, in this case the amount of surplus shall be deducted from the money to be sup- plied by the Government mentioned in the preceding paragraph. Article 56. When there is any surplus after paying the interest on the debentures, as mentioned in the preceding Article, out of the prof- 202 JAPAN, its of the company's business, the said surplus shall be apportioned to the shares owned by the Governments of Japan and China until the rate is equal on the respective amounts paid up by all shareholders. Article 57. The money to be supplied by the Imperial Japanese Government, as provided for in Articles 52 and 55, shall bear interest at six (6) per cent per annum. The interest shall be added annually to the principal, and the total shall be the company's indebtedness to the Imperial Japanese Government. "When the dividend for all shares exceeds ten (10) per cent per an- num, the surplus shall be devoted to the redemption of the company's debt mentioned in the preceding paragraph. Chapter VIII. — Expenses for organizing the comfany. Article 58. The expenses for organizing the company shall not ex- ceeed 50,000 Yen. Of the amount mentioned in the preceding paragraph that ad- vanced by the Government shall be reimbursed by the company. Supplementary article. Article 59. The provisions in Articles 52 to 57 shall be confirmed upon being approved by the Imperial Diet. JAPAN. 203 No. 42. EXTRACTS FROM JAPANESE IMPERIAL ORDINANCES •» RELATING TO THE GOVERNMENT GENERAL OF KWANTUNG. [Translated from Japanese Official Gazette, August 1, 1906.] WE, after consultation with the Privy Council, hereby sanction the regulations relating to the organization of the Government General of Kwantung, and cause the same to be promulgated. (Sign Manual) (Privy Seal) July 31, 1906. (Countersigned) Marquis Kimmochi Saionji, Prime Minister. " Masatake Teeauchi, Minister of War. " Viscount Tadasu Hatashi, Minister for Foreign Affairs. IMPERIAL OKDINANCE NO. 196. The organisation of the Government General of Kwantung. Akticle 1. In the Province of Kwantung there shall be established the Government-General of Kwantung (Kwantung Totoku Fu). Article 2. For the Government- General of Kwantung there shall be appointed a Governor-General of Kwantung (Kwantung Totoku). ^ ^""XC-^ The Governor-General shall govern the Province of Kwantung, cJLu^*- ' and shall take charge of the protect ion and supervision of the railway lines in South Manchuria. The Governor-General shall supervise the affairs of the South Man- churia Eailway Joint Stock Company. Article 3. The Governor- General shall be of the shin nin ' rank and shall be a general or a lieutenant-general of the Imperial Army. « Inclosure, No. 1. With Mr. Wright's, No. 42, Aug. 9, 1906, amended by Mr. O'Brien's No. 153, Jan. 22, 1908. ^Appointed directly by the Emperor. 204 JAPAN. Article 4. The Governor- General shall command the troops under his jurisdiction and shall have control of various political matters under the supervision of the Minister for Foreign Affairs. Article 5. By virtue of a special commission the Governor-Gen- eral shall take charge of the affairs to be negotiated with the Chinese jirovincial authorities. Article 6. The Governor-General shall be subject to the Minister of War with reference to matters of military administration and the personal affairs of the soldiers and of those connected with the Army ; to the Chief of the General Staff with reference to plans of operation and mobilization; to the Superintendent of Education in the Army Avith reference to military education. Article 7. The Governor- General may, by virtue of the authority invested in him ex officio or by special authorization, issue ordinances, including penal regulations for imprisonment not exceeding one year or fine not exceeding two hundred (200) yen. Article 8. For the maintenance of the public welfare and order, tlie Governor-General may, on special occasions requiring urgent measures, issue ordinances including penal regulations exceeding the limitations mentioned in the preceding Article. 'Y\u' ordinances mentioned in the preceding paragraph shall, im- nii'diately after their promulgation, be reported to the Emperor, through the Minister for Foreign Affairs, for the Imperial sanction. In case tjie said ordinances should not be sanctioned by the Emperor, the Governor-General shall immediately give public notice that they are not ^'alid thereafter. Article 9. The (jiovernor-General shall take charge of the defence of the territory within the limits of his jurisdiction. Article 10. When the Ciovernor-General deems it necessary for the maintenance of the welfare and order of the territory under his jurisdiction, or for the protection or supervision of the railway lines, he may employ military force. In the case mentioned in the preceding paragraph, the fact shall be immediately reported to tKe Minister for Foreign Affairs, the Min- ister of War and the Chief of the General Staff. Article 11. When the Governor-General discovers that any order or measure of the Government offices under his jurisdiction is con- trary to the prescribed regulations, or is injurious to the public inter- ests, or has transgressed the authority vested in them, he may suspend the said order or measure, or annul it. Article 12. The Governor-General shall control the officials under his jurisdiction. With reference to the promotion and dismissal of civil officials of the sonin<^ rank, he shall report to the Emperor, •Appointed by the Cabinet and reported to the Emperor. JAPAN. 205 through the Minister for Foreign Affairs and the Prime Minister. With reference to the promotion or dismissal of civil officials of the hannin - rank and those lower, the Governor-General shall act en- tirely at his own discretion. * ****** Article 15.* A Governor General's Secretariat shall be established in the Government General of Kwantung. In the Governor-General's Secretariat there shall be established a section of Private Secretaries, a Section of Documents and a Section of Foreign Affairs ; and their respective functions shall be determined by the Governor- General. There shall be an Adjutant in the Governor-General's Secretariat to take charge of confidential matters. The Adjutant shall be an army officer between the ranks of colonel and lieutenant. Article 16. There shall be a Civil Administration Department and a Military Department in the Government-General at Kwan- tung. The regulations for the Military Department shall be determined separately. Article IT. The Civil Administration Department shall take charge of all administrative affairs except those pertaining to mili- tary administration. Article 18. The following four bureaus and one office shall be established in the Civil Administration Department and their respec- tive functions shall be determined by the Governor-General : Bureau of Miscellaneous Affairs, Bureau of Police, Bureau of Financial Affairs, Prison Office. T'* * * * * * * Article 20. Branches of the Civil Administration Office and of the Prison Office shall be established in important places in order to divide the duties of the Civil Administration and Prison Offices. Their location, names and jurisdiction shall be determined by the Governor-General. Article 21.* The Government- General of Kwantung shall have the following personnel : Chief Civil Administrator, cJiokiiiiin ranli 1 Director of Foreign Affairs, OhoTcimin or Sonin rank 1 Director of Police Affairs, Cliokimin or sonin rank 1 "Appointed by heads of departments. *As amended by Imperial Ordinance No. 2, January 10, 1908. 206 JAPAN. Councillors, sonin rank . — 2 Secretaries, sonin rank *5 Chiefs of the Civil Administration Offices, sonin rank 3 Private Secretary, sonin rank 1 Experts, sonin rank 18 Police Inspectors, sonin rank 6 Governor of Prisons, sonin rank 1 Translators, sonin rank 3 Clerks Police Sergeants Assistant Experts Jailers Prison Physicians Student Translators. 220 hannin rank " Consular officials stationed in South Manchuria may, in addition to their regular positions, be appointed as Secretaries (of the Govern- ment-General)." Article 22. The Chief Civil Administrator shall assist the Governor-General and have control of the affairs of the Civil Ad- ministration Department. The Director of Foreign Affairs shall, as the Chief of the Section of Foreign Affairs in the Governor-General's Secretariat, take charge of Foreign Affairs under the instructions of the Governor-General. The Director of Police Affairs shall, as the Chief of the Section of Police Affairs in the Civil Administration Department, take charge of police affairs under the instructions of his superiors. ^ Sf! !p V V V V Article 24." The secretaries shall be either the chiefs of the bureaus or members of the same, and shall take charge of matters under the instruction of their superiors. Those consular officials who hold additional positions as secretaries (of the Government General) shall take charge of police affairs along the railway lines under the instructions of their superiors. Article 25. The Chiefs of the Civil Administration Offices shall, under the direction and control of the Governor-General, enforce laws and ordinances, and control the administrative affairs within their respective districts. Article 26. With reference to the administrative affairs within their respective districts, the Chiefs of the Civil Administration Offices may, by virtue of the authority vested in them ex oficio or by special authorization, issue ordinances applying to the whole or a part of their districts, including penal regulations, imposing fines not exceeding ten (10) yen and detention. Article 27. When military force is needed for maintaining tran- quility within their respective districts, the Chiefs of the Civil "As amended by Imperial Ordinance No. 2, January 10, 1908. JAPAN. 207 Administration Offices shall report the fact to the Governor-General. But for extraordinary emergencies they may immediately demand the dispatch of troops from the commanders of neighboring gar- risons. ******* Article 31. The Experts shall take charge of technical arts under the instruction of their superiors. (Articles 32-43 omitted.) Supplementary Article. This Ordinance shall take effect on September 1, 1906. IMPERIAL ORDINANCE NO. 197. (Imperial Sanction July 31, 1906). The Organisation of the Post and Telegraph Office of the Govern- ment-General of Kwantung. Article 1. The Post and Telegraph Office of the Government- General of Kwantung shall belong to the Civil Administration De- partment of the Government of Kwantung, and shall take charge of affairs relating to posts, telegraphs, and telephones. Article 2. The Post and Telegraph Office shall have the follow- ing personnel : Chief 1 Secretaries of Communications, sonin rank 3 Assistant Secretaries, sonm rank 18 Experts, (operators, engineers, &c) sonin rank 4 Clerks of Communications , 1 Assistant Experts I 506 hannin rank Assistant Clerks J Article 3. The Chief of the Post and Telegraph Office shall be a Secretary, and he shall control the affairs of the office under the instructions of his superiors. Article 9. Branches of the Post and Telegraph Office shall be established in important places in order to take charge of a portion of the affairs of the Post and Telegraph Office. The location, names, and jurisdiction of the branch offices shall be determined by the Governor-General of Kwantung. Article 10. The Chief of the branch offices shall be officials of higher rank {hotokanY or of hannin rank. "Kotokan includes both cholcunin and sonin officials, but in this case those of sonin rank only are meant. 208 JAPAN. Supplementary Article. This Ordinance shall take effect on September 1, 1906. IMPERIAL ORDINANCE NO. 204. (Imperial Sanction July 31, 1906.) Regulations relating to the Military Department of the Government- General of Kwantung. Article 1. The Military Department of the Government-General of Kwantung shall take charge of all military affairs within the jurisdiction of the Governor-General of Kwantung. Article 2. The Military Department of the Government General of Kwantung shall be composed of the following sections : Section- of Staff, Section of Adjutants, These two sections constitute the " BahuryoP Section of Judges, Section of Administration, Section of Army Surgeons, Section of Veterinary Surgeons. Article 3. The Chief of Staff shall assist the Governor General of Kwantung, 'participate in important military affairs, supervise the promulgation and enforcement of orders, and take charge of the supervision of all affairs in the Military Department of the Govern- ment-General of Kwantung. Article 4. The officers and those ranking as such in the Sections of Staffs and Adjutants (Bakuryo) shall, under the direction of the Chief of Staff, take charge of the affairs assigned to them. Article 5. The Chief Judge shall be subject to the Governor- General of Kwantung and shall take charge of judicial affairs in the army. Article 6. The Chief of the Section of Administration shall be subject to the Governor-General of Kwantung and shall supervise the finances and administration of the various detachments stationed in the Province of Kwantung. He shall control matters relating to constructions on land for the army (except national defences and railway) , as well as the personal affairs and education of the officers and those under them in the Section of Administration. He shall take special charge of the barracks and other new temporary work. However, Avith reference to the supervision of the financial affairs JAPAN. 209 and the plans of constructions on land, he shall be directly subject to the Minister of War. With reference to the personal affairs and education of the officers and those under them in the Section of Administration, he shall be subject to the Chief of the Bureau of Administration in the Department of War. The Chief of the Section of Administration shall control the finances and administration of the detachments not governed by the Section of Administration in the respective army divisions; but ac- cording to the location of the detachments stationed in the Province, these matters may be referred to the Section of Administration in the army divisions. Article 7. The Chief of the Section of Army Surgeons shall be subject to the Governor-General of Kwantung and shall supervise the sanitary affairs of the detachments stationed in the Province. He shall also control the personal affairs and education of the officers and those under them in the Section of Sanitation, as well as matters re- lating to sanitary materials. However, he shall also be subject to the Chief of the Bureau of Medical Affairs in the Department of War. Article 8. The Chief of the Section of Veterinary Surgeons shall be subject to the Governor-General of Kwantung and shall supervise sanitary affairs relating to military horses. He shall control the per- sonal affairs and education of the officers and those under them in the Section-of Veterinary Surgeons, as well as matters relating to veterinary surgeons' materials and farriery. However, he shall also be subject to the Chief of the Bureau of Military Affairs in the De- partment of War. Article 9. Matters to be reported to the Governor-General by the various Chiefs of Sections shall first be submitted to the Chief of Staff for approval. Article 10. The members of the Sections of Judges, Administra- tion, Army Surgeons and Veterinary Surgeons, shall engage in the work assigned to them under the instructions of their respective chiefs. Article 11. The non-commissioned officers and civil-officials of the hannin rank shall engage in their work under the instructions of their superiors. Supplementary Article. This Ordinance shall take effect September 1, 1906. [Translated from the Japanese Official Gazette of January 11, 1908.] WE, after consultation with the Privy Council, hereby sanc- tion and cause to be promulgated the regulations relating to the 35798—08 14: 210 JAPAN. Police Officials attached to the Imperial Consulates in South Man- churia. (Sign Manual) (Privy Seal) January 10, 1908. (Countersigned) Marquis Kimmochi Saionji, Prime Minister Count Tadasu Hatashi, Minister for Foreign Affairs. IMPERIAL ORDINANCE NO. 5. The police officials of the Government-General of Kwantung may. in addition to their regular positions, be appointed as police officials attached to the Imperial Constdates in South Manchuria. JAPAN. 211 l^o. 43. JAPAN. REGULATIONS RELATIVE TO VESSELS SAILING TO AND FROM THE PORT OP TAIREN. Issued September 1, 1906. Art. I.— Vessels are not permitted to sail to and from any port with the exception of the Port of Tairen. This does not apply to Chinese junks and steamers and sailing vessels navigating along the coast of Kwantung. Art. II. — Vessels shall embark or land their passengers and crew, and load or discharge their cargo at places designated by the Chief of the Civil Administration Office concerned. Art. III. — The master of a ship shall immediately on her entrance to a port, report the fact, to the Civil Administration Office, its Branch Office, or Police Authorities concerned, setting forth the fol- lowing details : 1. Kind of ship. 2. Ship's name and signal code. 3. Owner's name. 4. Port of Registry. 5. Gross and registered tonnage or number of kohu. 6. Fore and aft draft. 7. Names of the crew. 8. Description, quantity and value of the goods and the place where they were freighted. 9. Passenger's name, domicile, residence, status, calling and age. 10. Ports of departure and call and dates thereof. 11. Sail time and destination. 12. Accidents during the voyage. Art. IV. — Vessels entering the Port of Tairen shall not communi- cate with other vessels or land their passengers, crew or cargo before they have undergone health examination. Art. V. — If a vessel entering a port has had any case of contagious disease on board during the voyage, or departed from or arrived 212 JAPAN. via places affected with such disease, or has any person on board who had communicated with any vessel so infected, she shall hoist a quarantine signal before her entrance to the port (in the case of the Port of Tairen, anchoring beyond 1| nautical miles from shore) and await directions of the Authorities concerned. The quarantine signal shall be a yellow flag hoisted at the fore of a vessel in the daytime and at night a red and a white light dis- played together. Akt. VI. — If a case of any contagious disease occurs on board a ship in port she shall hoist the quarantine signal, and report the fact to the quarantine on Police Authorities, and until the completion of quarantine or disinfection, she shall not be permitted to leave the port, to communicate with another vessel or to land her passengers or cargo. Art. VII. — If cases provided for in the two preceding Articles occur at a port without a quarantine station, the vessel shall, when ordered by the police authorities, immediately proceed to a port hav- ing such a station, to be put under quarantine. Art. VIII. — The provisions of the three preceding Articles do not apply to military hospital ships. Art. IX. — Each vessel at anchor in a port shall fly her national flag in the daytime and at night shall display lights in accordance with the Law for Preventing Collisions at Sea. Art. "K. — The master of a ship shall, 5 hours before her departure, report to the Civil Administration OflSce, its branch Office, or Police Authorities concerned, the fact, setting forth the following details : — 1. Day and hour of departure. 2. Kind of vessel. 3. Ship's name. 4. Description, quantity, value and place of entry of the cargo. 5. Each passenger's name, domicile, residence, status, calling and 6. Ports of destination and call and expected dates of arrival and call. Art. XI.— The Chief of the Civil Administration Office concerned may, when he deems it necessary, cause proper officers to inspect vessels or order suspension of the embarkation and landing of their pasengers and crews, or the loading and discharging of their cargoes. Art. XII.— Any person violating any one of Arts. IV., V., VI., and VII. shall be liable to a fine not exceeding one hundred yen. Any person violating Art. III., IX. or X. or refusing inspection, or disobeying the orders provided for in Art. XI. shall be liable to a fine not exceeding fifty yen. JAPAN. 213 Art. XIII. — Necessary rules not provided for in the present Regu- lations shall be established by the Chief of the Civil Administration Office. SUPPLEMENTARY RULES. In regard to the sailing of Russian vessels, rules hitherto obtain- ing shall remain in force for the time being. The present regulations shall take effect from the date of publi- cation. (Sgd) Baron Yoshimasa Oshima, Governor General. Kwantung Government General. Port Arthur, September 1, 1906 (39th year Meiji, 9th month, 1st day). 214 JAPAN. ISTo. 44. JAPAN. REGULATIONS FOR THE CONTROL OF RESIDENTS IN KWANTUNG. IsstiED September 1, 1906. Art. 1. — The term "Residents" in the present Regulations sig- nifies persons who visit or raside in Kwantung. Abt. 2. — Any person who establishes his residence in Kwantung shall report the fact, within five days, to the Civil Administration Office or the Branch Office concerned, stating his name, domicile, (or nationality in the case of a foreigner), status, calling, age, and whether he is the head or a member, inmate or employee, of a family, as well as the locality of his residence. A similar notice shall be given when any person has changed his residence. The aforesaid notice shall be made in the case of a member or in- mate of a family by the head of that family or household and in the case of an employee by his employer. Art. 3. — Foreigners (excepting Chinese) shall be permitted until further notice to reside and lease or own real property only within the town limits of Tairen and Port Arthur. Art. 4. — When a birth or death or change in residence, or other matters relating to family registration or in matters whereof notice is required to be made occurs in the family or household of a resi- dent, notice shall be given within five days to the Civil Administra- tion Office or its Branch Office concerned by the head or a member of such family or household. Art. 5. — If any resident is deemed likely to injure public tran- (Hiillity or morals, the Chief of the Civil Administration Office con- cerned may prohibit his residence within the jurisdiction limits of the Government of K^Yantuug for a period of more than one j^ear and not exceeding three years. Art. 6. — Any person who has been prohibited residence in Kwan- tung shall within five days, leave the jurisdiction limits of the Gov- ernment of Kwantung. If, however, proper reason is found to exist for his inability to leave within the prescribed period the Chief of the Administration Office concerned may grant him temporary sus- pension civil action for damages by the owner of a trade-mark, the word " puiiishment " is to be understood, with respect to the United States, to refer to a civil action only and not to a crim- inal procedure. If this explanation, which has been made in the case of each of the agreements mentioned above, is satisfactory to your Govern- ment, I shall be pleased to make the exchange of notes with you. Accept, Mr. Minister, the renewed assurances of my highest consideration. Elihtj Root. Mr. Clan to Mr. Root. [Translation. ] Danish Legation, May 27, 1907. Me. Seceetaet oe State : Referring to note No. 671, which Your Excellency had the kindness to address to the legation on March 25 UNITED STATES OF AMERICA. 251 last, I have the honor, by order of my Government, to inform you that the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly depos- ited in Denmark, against violations by Danish subjects in China to the same extent as Danish marks of the same nature are protected The law which the Danish court at Shanghai is called upon to en- force m the premises is the Danish law of April 11, 1890, amended by the law of December 19, 1898, and the ordinances of September 28 1894, and September 12, 1902. Hoping to receive a note informing me that the diplomatic and consular officers of the United States in the Middle Kingdom have had the necessary instructions sent to them in order to insure reci- procity by granting the protection of the United States Consular Courts in China to Danish subjects against American citizens who have counterfeited Danish trade-marks regularly deposited in the United States, I beg of you, Mr. Secretary of State, to accept the renewed assurance of my highest consideration. J. Clan. Mr. Eoot to Mr. Clan. No. 694.] Department of State, Washington, June 1^, 1907. Sir : I have the honor to acknowledge the receipt of your note of the 27th ultimo by which you inform me that in pursuance of the understanding reached by the correspondence which passed between the Danish legation and the Department of State on March 19 and 25, 1907, the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly deposited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the nature are protected. As a completion of the exchange of notes to give the said under- standing effect, I have the honor to inform you that, on the part of the United States, the Minister of the United States at Peking has this day been instructed to inform the consular officers of the United States in China that hereafter trade-marks of Danish subjects, which have been duly registered in the United States, are to be protected against infringement by such persons as coine under the jurisdiction of the United States Consular Courts in China. Accept, sir, the renewed assurances of my high consideration. Elihtj Koot. 252 UNITED STATES OF AMERICA. ISTo. 55. UNITED STATES— FRANCE. October 3, 1905. II. FRANCE. American Legation, Peking, China, October S, 1905. Me. Minister and dear Colleague: The Government of the United States being desirous of reaching an understanding with the Government of the French Republic for the reciprocal protection against infringement in China by citizens of our respective nations of trade marks duly registered in the United States and France, I am authorized, by the Secretary of State of the United States, to inform you that effectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the juris- diction of the United States who may be charged with and fo