Book: The Fight For The Republic in China

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Art. 9. On all ceremonial or official occasions the first place of
honour is due to the Chinese Dignitary. He has the right, if necessary,
to present himself in private audience with His Holiness Bogdo Djembzoun
Damba Khoutoukhtou Khan of Outer Mongolia. The Imperial Representative
of Russia enjoys the same right of private audience.

Art. 10. The Chinese Dignitary at Urga and his assistants in the
different localities of Outer Mongolia provided for by Article VII of
this agreement are to exercise general control lest the acts of the
autonomous government of Outer Mongolia and its subordinate authorities
may impair the suzerain rights and the interests of China and her
subjects in autonomous Mongolia.

Art. 11. Conformably to Article IV of the Note exchanged between China
and Russia on the fifth day of the eleventh month of the second year of
the Republic of China (23rd October, 1915), the territory of autonomous
Outer Mongolia comprises the regions which were under the jurisdiction
of the Chinese Amban at Ourga, or the Tartar-General at Ouliassoutai and
of the Chinese Amban at Kobdo; and connects with the boundary of China
by the limits of the banners of the four aimaks of Khalkha and of the
district of Kobdo, bounded by the district of Houloun-Bourie on the
east, by Inner Mongolia on the south, by the Province of Sinkiang on the
southwest, and by the districts of Altai on the West.

The formal delimitation between China and autonomous Mongolia is to be
carried out by a special commission of delegates of China, Russia and
autonomous Outer Mongolia, which shall set itself to the work of
delimitation within a period of two years from the date of signature of
the present Agreement.

Art. 12. It is understood that customs duties are not to be established
for goods of whatever origin they may be, imported by Chinese merchants
into autonomous Outer Mongolia. Nevertheless, Chinese merchants shall
pay all the taxes on internal trade which have been established in
autonomous Outer Mongolia and which may be established therein in the
future, payable by the Mongols of autonomous Outer Mongolia. Similarly
the merchants of autonomous Outer Mongolia, when importing any kind of
goods of local production into "Inner China," shall pay all the taxes on
trade which have been established in "Inner China" and which may be
established therein in the future, payable by Chinese merchants. Goods
of foreign origin imported from autonomous Outer Mongolia into "Inner
China" shall be subject to the customs duties stipulated in the
regulations for land trade of the seventh year of the reign of
Kouang-Hsu (1881).

Art. 13. Civil and criminal actions arising between Chinese subjects
residing in autonomous Outer Mongolia are to be examined and adjudicated
by the Chinese Dignitary at Urga and by his assistants in the other
localities of autonomous Outer Mongolia.

Art. 14. Civil and criminal actions arising between Mongols of
autonomous Outer Mongolia and Chinese subjects residing therein are to
be examined and adjudicated by the Chinese Dignitary at Urga and his
assistants in the other localities of autonomous Outer Mongolia, or
their delegates, and the Mongolian authorities. If the defendant or
accused is of autonomous Outer Mongolia, the joint examination and
decision of the case are to be held at the Chinese Dignitary's place at
Niga and that of his assistants in the other localities of autonomous
Outer Mongolia; if the defendant or the accused is a Mongol of
autonomous Outer Mongolia and the claimant or the complainant is a
Chinese subject, the case is to be examined and decided in the same
manner in the Mongolian yamen. The guilty are to be punished according
to their own laws. The interested parties are free to arrange their
disputes amicably by means of arbitrators chosen by themselves.

Art. 15. Civil and criminal actions arising between Mongols of
autonomous Outer Mongolia and Russian subjects residing therein are to
be examined and decided conformably to the stipulations of Article XVI
of the Russo-Mongolian Commercial protocol of 21st October, 1912.

Art. 16. All civil and criminal actions arising between Chinese and
Russian subjects in autonomous Outer Mongolia are to be examined and
decided in the following manner: in an action wherein the claimant or
the complainant is a Russian subject and the defendant or accused is a
Chinese subject, the Russian Consul personally or through his delegate
participates in the judicial trial, enjoying the same right as the
Chinese Dignitary at Urga or his delegate or his assistants in the other
localities of autonomous Outer Mongolia. The Russian Consul or his
delegate proceeds to the hearing of the claimant and the Russian
witnesses in the court in session, and interrogates the defendant and
the Chinese witnesses through the medium of the Chinese Dignitary at
Urga or his delegates or of his assistants in the other localities of
autonomous Outer Mongolia; the Russian Consul or his delegate examines
the evidence presented, demands security for "revindication" and has
recourse to the opinion of experts, if he considers such expert opinion
necessary for the elucidation of the rights of the parties, etc.; he
takes part in deciding and in the drafting of the judgment, which he
signs with the Chinese Dignitary at Urga or his delegates or his
assistants in the other localities of Autonomous Outer Mongolia. The
execution of the judgment constitutes a duty of the Chinese authorities.

The Chinese Dignitary at Urga and his Assistants in the other localities
of autonomous Outer Mongolia may likewise personally or through their
delegates be present at the hearing of an action in the Consulates of
Russia wherein the defendant or the accused is a Russian subject and the
claimant or the complainant is a Chinese subject. The execution of the
judgment constitutes a duty of the Russian authorities.

Art. 17. Since a section of the Kiachta-Urga-Kalgan telegraph line lies
in the territory of autonomous Outer Mongolia, it is agreed that the
said section of the said telegraph line constitutes the complete
property of the Autonomous Government of Outer Mongolia. The details
respecting the establishment on the borders of that country and Inner
Mongolia of a station to be administered by Chinese and Mongolian
employes for the transmission of telegrams, as well as the questions of
the tariff for telegrams transmitted and of the apportionment of the
receipts, etc., are to be examined and settled by a special commission
of technical delegates of China, Russia and Autonomous Outer Mongolia.

Art. 18. The Chinese postal institutions at Urga and Mongolian Kiachta
remain in force on the old basis.

Art. 19. The Autonomous Government of Outer Mongolia will place at the
disposal of the Chinese Dignitary at Urga and of his assistants at
Ouliassoutai, Kobdo and Mongolian-Kiachta as well as of their staff the
necessary houses, which are to constitute the complete property of the
Government of the Republic of China. Similarly, necessary grounds in the
vicinity of the residences of the said staff are to be granted for their
escorts.

Art. 20. The Chinese Dignitary at Urga and his assistants in the other
localities of autonomous Outer Mongolia and also their staff are to
enjoy the right to use the courier stations of the autonomous Mongolian
Government conformably to the stipulations of Article XI of the
Russo-Mongolian Protocol of 21st October, 1912.

Art. 21. The stipulations of the Sino-Russian declaration and the Notes
exchanged between China and Russia of the 5th day of the 11th month of
the 2nd year of the Republic of China, 23rd October, 1913, as well as
those of the Russo-Mongolian Commercial Protocol of the 21st October,
1912, remain in full force.

Art. 22. The present Agreement, drawn up in triplicate in Chinese,
Russian, Mongolian and French languages, comes into force from the day
of its signature. Of the four texts which have been duly compared and
found to agree, the French text shall be authoritative in the
interpretation of the Present Agreement.

Done at Kiachta the 7th day of the Sixth Month of the Fourth year of the
Republic of China, corresponding to the Twenty-fifth of May, Seventh of
June, One Thousand Nine Hundred Fifteen.


CHINO-JAPANESE TREATIES AND ANNEXES

COMPLETE ENGLISH TEXT OF THE DOCUMENTS

_The following is an authoritative translation of the two Treaties and
thirteen Notes exchanged between His Excellency the President of the
Republic of China and His Majesty the Emperor of Japan through their
respective plenipotentiaries_:

TREATY RESPECTING THE PROVINCE OF SHANTUNG

His Excellency the President of the Republic of China and His Majesty
the Emperor of Japan, having resolved to conclude a Treaty with a view
to the maintenance of general peace in the Extreme East and the further
strengthening of the relations of friendship and good neighbourhood now
existing between the two nations, have for that purpose named as their
Plenipotentiaries, that is to say:

His Excellency the President of the Republic of China, Lou Tseng-tsiang,
_Chung-ching_, First Class _Chia Ho_ Decoration, Minister of Foreign
Affairs.

And His Majesty the Emperor of Japan, Hioki Eki, _Jushii_, Second Class
of the Imperial Order of the Sacred Treasure, Minister Plenipotentiary,
and Envoy Extraordinary:

Who, after having communicated to each other their full powers and found
them to be in good and due form, have agreed upon and concluded the
following Articles:--

Article 1. The Chinese Government agrees to give full assent to all
matters upon which the Japanese Government may hereafter agree with the
German Government relating to the disposition of all rights, interests
and concessions which Germany, by virtue of treaties or otherwise,
possesses in relation to the Province of Shantung.

Art. 2. The Chinese Government agrees that as regards the railway to be
built by China herself from Chefoo or Lungkow to connect with the
Kiaochow-Tsinanfu railway, if Germany abandons the privilege of
financing the Chefoo-Weihsien line, China will approach Japanese
capitalists to negotiate for a loan.

Art. 3. The Chinese Government agrees in the interest of trade and for
the residence of foreigners, to open by China herself as soon as
possible certain suitable places in the Province of Shantung as
Commercial Ports.

Art. 4. The present treaty shall come into force on the day of its
signature.

The present treaty shall be ratified by His Excellency the President of
the Republic of China and His Majesty the Emperor of Japan, and the
ratification thereof shall be exchanged at Tokio as soon as possible.

In witness whereof the respective Plenipotentiaries of the High
Contracting Parties have signed and sealed the present Treaty, two
copies in the Chinese language and two in Japanese.

Done at Peking this twenty-fifth day of the fifth month of the fourth
year of the Republic of China, corresponding to the same day of the same
month of the fourth year of Taisho.

EXCHANGE OF NOTES RESPECTING SHANTUNG

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre.

In the name of the Chinese Government I have the honour to make the
following declaration to your Government:--"Within the Province of
Shantung or along its coast no territory or island will be leased or
ceded to any foreign Power under any pretext."

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you made the following declaration in the
name of the Chinese Government:--"Within the Province of Shantung or
along its coast no territory or island will be leased or ceded to any
foreign Power under any pretext."

In reply I beg to state that I have taken note of this declaration.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE OPENING OF PORTS IN SHANTUNG

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre.

I have the honour to state that the places which ought to be opened as
Commercial Ports by China herself, as provided in Article 3 of the
Treaty respecting the Province of Shantung signed this day, will be
selected and the regulations therefor, will be drawn up, by the Chinese
Government itself, a decision concerning which will be made after
consulting the Minister of Japan.

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you stated "that the places which ought to
be opened as Commercial Ports by China herself, as provided in Article 3
of the Treaty respecting the province of Shantung signed this day, will
be selected and the regulations therefor, will be drawn up by the
Chinese Government itself, a decision concerning which will be made
after consulting the Minister of Japan."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE RESTORATION OF THE LEASED TERRITORY OF
KIAOCHOW BAY

--Note--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

In the name of my Government I have the honour to make the following
declaration to the Chinese Government:--

When, after the termination of the present war, the leased territory of
Kiaochow Bay is completely left to the free disposal of Japan, the
Japanese Government will restore the said leased territory to China
under the following conditions:--

1. The whole of Kiaochow Bay to be opened as a Commercial Port.

2. A concession under the exclusive jurisdiction of Japan to be
established at a place designated by the Japanese Government.

3. If the foreign Powers desire it, an international concession may be
established.

4. As regards the disposal to be made of the buildings and properties of
Germany and the conditions and procedure relating thereto, the Japanese
Government and the Chinese Government shall arrange the matter by mutual
agreement before the restoration.

I avail, etc.,

(Signed) HIOKI EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of your Excellency's note
of this day's date in which you made the following declaration in the
name of your Government:--

"When, after the termination of the present war the leased territory of
Kiaochow Bay is completely left to the free disposal of Japan, the
Japanese Government will restore the said leased territory to China
under the following conditions:--

"1. The whole of Kiaochow Bay to be opened as a Commercial Port.

"2. A concession under the exclusive jurisdiction of Japan to be
established at a place designated by the Japanese Government.

"3. If the foreign Powers desire it, an international concession may be
established.

"4. As regards the disposal to be made of the buildings and properties of
Germany and the conditions and procedure relating thereto, the Japanese
Government and the Chinese Government shall arrange the matter by mutual
agreement before the restoration."

In reply, I beg to state that I have taken note of this declaration.

I avail, etc.,

(Signed) Lou Tseng-tsiang.

His Excellency,
Hioki Eki,
Japanese Minister.

TREATY RESPECTING SOUTH MANCHURIA AND EASTERN INNER MONGOLIA

His Excellency the President of the Republic of China and His Majesty
the Emperor of Japan, having resolved to conclude a Treaty with a view
to developing their economic relations in South Manchuria and Eastern
Inner Mongolia, have for that purpose named as their Plenipotentiaries,
that is to say;

His Excellency the President of the Republic of China, Lou Tseng-tsiang,
_Chung-ching_, First Class _Chia-ho_ Decoration, and Minister of Foreign
Affairs; And His Majesty the Emperor of Japan, Hioki Eki, _Jushii_,
Second Class of the Imperial Order of the Sacred Treasure, Minister
Plenipotentiary and Envoy Extraordinary;

Who, after having communicated to each other their full powers, and
found them to be in good and due form, have agreed upon and concluded
the following Articles:--

Article 1. The two High Contracting Parties agree that the term of lease
of Port Arthur and Dalny and the terms of the South Manchuria Railway
and the Antung-Mukden Railway, shall be extended to 99 years.

Art. 2. Japanese subjects in South Manchuria may, by negotiation, lease
land necessary for erecting suitable buildings for trade and manufacture
or for prosecuting agricultural enterprises.

Art. 3. Japanese subjects shall be free to reside and travel in South
Manchuria and to engage in business and manufacture of any kind
whatsoever.

Art. 4. In the event of Japanese and Chinese desiring jointly to
undertake agricultural enterprises and industries incidental thereto,
the Chinese Government may give its permission.

Art. 5. The Japanese subjects referred to in the preceding three
articles, besides being required to register with the local Authorities
passports which they must procure under the existing regulations, shall
also submit to the police laws and ordinances and taxation of China.

Civil and criminal cases in which the defendants are Japanese shall be
tried and adjudicated by the Japanese Consul: those in which the
defendants are Chinese shall be tried and adjudicated by Chinese
Authorities. In either case an officer may be deputed to the court to
attend the proceedings. But mixed civil cases between Chinese and
Japanese relating to land shall be tried and adjudicated by delegates of
both nations conjointly in accordance with Chinese law and local usage.

When, in future, the judicial system in the said region is completely
reformed, all civil and criminal cases concerning Japanese subjects
shall be tried and adjudicated entirely by Chinese law courts.

Art. 6. The Chinese Government agrees, in the interest of trade and for
the residence of foreigners, to open by China herself, as soon as
possible, certain suitable places in Eastern Inner Mongolia as
Commercial Ports.

Art. 7. The Chinese Government agrees speedily to make a fundamental
revision of the Kirin-Changchun Railway Loan Agreement, taking as a
standard the provisions in railway loan agreements made heretofore
between China and foreign financiers.

When in future, more advantageous terms than those in existing railway
loan agreements are granted to foreign financiers in connection with
railway loans, the above agreement shall again be revised in accordance
with Japan's wishes.

Art. 8. All existing treaties between China and Japan relating to
Manchuria shall, except where otherwise provided for by this Treaty,
remain in force.

Art. 9. The present Treaty shall come into force on the date of its
signature. The present Treaty shall be ratified by His Excellency the
President of the Republic of China and His Majesty the Emperor of Japan,
and the ratifications thereof shall be exchanged at Tokio as soon as
possible.

In witness whereof the respective Plenipotentiaries of the two High
Contracting Parties have signed and sealed the present Treaty, two
copies in the Chinese language and two in Japanese.

Done at Peking this twenty-fifth day of the fifth month of the fourth
year of the Republic of China, corresponding to the same day of the same
month of the fourth year of Taisho.

EXCHANGE OF NOTES

_Respecting the Terms of Lease of Port Arthur and Dalny and the Terms of
South Manchurian and Antung-Mukden Railways_.

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to state that, respecting the provisions contained in
Article I of the Treaty relating to South Manchuria and Eastern Inner
Mongolia, signed this day, the term of lease of Port Arthur and Dalny
shall expire in the 86th year of the Republic or 1997. The date for
restoring the South Manchuria Railway to China shall fall due in the
91st year of the Republic or 2002. Article 12 in the original South
Manchurian Railway Agreement providing that it may be redeemed by China
after 36 years from the day on which the traffic is opened is hereby
cancelled. The term of the Antung-Mukden Railway shall expire in the
96th year of the Republic or 2007.

I avail, etc.,

(Signed) Lou Tseng-tsiang.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date, in which you stated that respecting the provisions
contained in Article I of the Treaty relating to South Manchuria and
Eastern Inner Mongolia, signed this day, the term of lease of Port
Arthur and Dalny shall expire in the 86th year of the Republic or 1997.
The date for restoring the South Manchurian Railway to China shall fall
due in the 91st year of the Republic or 2002. Article 12 in the original
South Manchurian Railway Agreement providing that it may be redeemed by
China after 36 years from the day on which the traffic is opened, is
hereby cancelled. The term of the Antung-Mukden Railway shall expire in
the 96th year of the Republic or 2007.

In reply I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) Hioki Eki.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

EXCHANGE OF NOTES RESPECTING THE OPENING OF PORTS IN EASTERN INNER
MONGOLIA

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to state that the places which ought to be opened as
Commercial Ports by China herself, as provided in Article 6 of the
Treaty respecting South Manchuria and Eastern Inner Mongolia signed this
day, will be selected, and the regulations therefor, will be drawn up
by the Chinese Government itself, a decision concerning which will be
made after consulting the Minister of Japan.

I avail, etc.,

(Signed) Lou TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day's date in which you stated "that the places which ought to
be opened as Commercial Ports by China herself, as provided in Article 6
of the Treaty respecting South Manchuria and Eastern Inner Mongolia
signed this day, will be selected, and the regulations therefor, will be
drawn up, by the Chinese Government itself, a decision concerning which
will be made after consulting the Minister of Japan."

In reply, I beg to state that I have taken note of the same.

I avail, etc.,

(Signed) HIOKO EKI.

His Excellency,
Lou Tseng-tsiang,
Minister of Foreign Affairs.

SOUTH MANCHURIA

--Note--

Peking, the 25th day of the 5th month of the 4th year of the Republic of
China.

Monsieur le Ministre,

I have the honour to state that Japanese subjects shall, as soon as
possible, investigate and select mines in the mining areas in South
Manchuria specified hereinunder, except those being prospected for or
worked, and the Chinese Government will then permit them to prospect or
work the same; but before the Mining regulations are definitely settled,
the practice at present in force shall be followed. Provinces
Fengtien:--

|Locality |District |Mineral
| | |
|Niu Hsin T'ai |Pen-hsi |Coal
|Tien Shih Fu Kou |Pen-hsi |Coal
|Sha Sung Kang |Hai-lung |Coal
|T'ieh Ch'ang |Tung-hua |Coal
|Nuan Ti T'ang |Chin |Coal
|An Shan Chan region |From Liaoyang to Pen-hsi |Iron

KIRIN (_Southern portion_)

|Locality |District |Mineral
| | |
|Sha Sung Kang |Ho-lung |C. & I.
|Kang Yao Chia |Chi-lin (Kirin) |Coal
|P'i Kou |Hua-tien |Gold

I avail, etc.,

(Signed) LOU TSENG-TSIANG.

His Excellency,
Hioki Eki,
Japanese Minister.

--Reply--

Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,

I have the honour to acknowledge the receipt of Your Excellency's note
of this day respecting the opening of mines in South Manchuria, stating;
"Japanese subjects shall, as soon as possible, investigate and select
mines in the mining areas in South Manchuria specified hereinunder,
except those being prospected for or worked, and the Chinese Government
will then permit them to prospect or work the same; but before the
Mining regulations are definitely settled, the practice at present in
force shall be followed.

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