Page images

is authorized by its laws or by its internal regulations to dispose of them otherwise. Explosive, inflammable, or dangerous substances, however, shall not be returned to the country of origin; when their presence is detected by the Administration of the country of destination, they shall be destroyed on the spot under the direction of that Administration.

IX. The exchange of registered correspondence between the two countries shall be effected according to the conditions and procedure prescribed by Articles 12 and 22 of the detailed Regulations referred to above.

X. The two Administrations shall accept responsibility for the loss of registered articles (except in the case of vis major) up to a limit of 50 fr. in respect of each such article and according to the conditions laid down in Article VIII of the Principal Convention of Rome and Article 13 of the detailed Regulations for the execution of that Convention.

XI. Acknowledgments of receipt in respect of registered articles and enquires as to the disposal of such articles shall be exchanged between the two Administrations in accordance with the procedure described in Article 14 of the detailed Regulations already referred to.

XII. Applications for ordinary and registered articles which have failed to reach their destinations shall be dealt with according to Articles 29 and 30, respectively, of the said detailed Regulations, such applications being transmitted, when they concern the Indian Administration, to the Director General of the Post Office of India, Calcutta, and when they concern the Chinese Administration, to the Inspector-General of the Chinese Imperial Posts, Pekin.

XIII. The present arrangement shall take effect on the 1st May, 1909. It shall then continue in force until it shall be modified or determined by mutual consent of the Contracting Parties or until six months after the date on which one of the Contracting Parties shall have notified the other of its intention to terminate it.

Executed in duplicate and signed.

ROBT. E. BREDON, Acting Inspector-General of the Chinese Imperial Posts.

At Peking, February 9, 1909.

of the Post Office of India.

At Ambala, March 31, 1909.


AGREEMENT between China and Japan recognizing the River Tumen as the Boundary between China and Corea, the Opening of Ports, the position of Coreans in the Boundary Districts of China, and the Extension and Connection of Railways-Signed, September 4, 1909.


THE Imperial Government of Japan and the Imperial Government of China, desiring to secure for Chinese and Korean inhabitants in the frontier regions the blessings of permanent peace and tranquillity, and considering it essential in the attainment of such desire that the two Governments should, in view of their relations of cordial friendship and good neighbourhood, recognize the River Tumen as forming the boundary between China and Korea, and should adjust all matters relating thereto in a spirit of mutual accommodation, have agreed upon the following stipulations.

ART. I. The Governments of Japan and China declare that the River Tumen is recognized as forming the boundary between China and Korea, and that in the region of the source of that river, the boundary line shall start from the Boundary Monument and thence follow the course of the Stream Shihyishwei.

II. The Government of China shall, as soon as possible after the signing of the present Agreement, open the following places to the residence and trade of foreigners, and the Government of Japan may there establish Consulates or branch offices of Consulates. The date of the opening of such places shall be separately determined.




III. The Government of China recognizes the residence of Korean subjects, as heretofore, on agricultural lands lying north of the River Tumen. The limits of the district for such residence are shown on the annexed map.*

IV. The Korean subjects residing on agricultural lands within the mixed residence district to the north of the River Tumen shall submit to the laws of China, and shall be amenable to the jurisdiction of the Chinese local officials. Such Korean subjects shall be accorded by the Chinese authorities equal treatment with Chinese subjects, and similarly, in the matter of taxation and all other administrative measures, they shall be placed on equal footing with Chinese subjects. All cases, whether civil or criminal, relating to such Korean subjects shall be heard and decided by the Chinese authorities in accordance with the laws of China, and in a just and equitable manner. A Japanese Consular Officer, or an official duly

*Not reproduced.

authorized by him, shall be allowed freely to attend the Court, and, in the hearing of important cases affecting the lives of persons, previous notice is to be given to the Japanese Consular Officers. Whenever the Japanese Consular Officers find that a decision has been given in disregard of law, they shall have the right to apply to the Chinese authorities for a new trial to be conducted by officials specially selected, in order to assure justice of the decision.

V. The Government of China engages that land and buildings owned by Korean subjects in the mixed residence district to the north of the River Tumen shall be fully protected, equally with the properties of Chinese subjects. Ferries shall be established on the River Tumen at places properly chosen, and people on either side of the river shall be entirely at liberty to cross to the other side, it being, however, understood that persons carrying arms shall not be permitted to cross the frontier without previous official notice or passports. In respect of cereals produced in the mixed residence district, Korean subjects shall be permitted to export them out of the said district, except in time of scarcity, in which case such exportation may be prohibited. Collection of firewood and grass shall be dealt with in accordance with the practice hitherto followed.

VI. The Government of China shall undertake to extend the Kirin-Changchun Railway to the southern boundary of Yenchi, and to connect it at Hoiryong with a Korean railway, and such extension shall be effected upon the same terms as the KirinChangchun Railway. The date of commencing the work of the proposed extension shall be determined by the Government of China, considering the actual requirements of the situation, and upon consultation with the Government of Japan.

VII. The present Agreement shall come into operation immediately upon its signature, and thereafter the Chientao branch office of the Residency-General, as well as all civil and military officers attached thereto shall be withdrawn, as soon as possible, and within two months. The Government of Japan will, within two months afterwards, establish its Consulates at the places mentioned in Article II.

In witness whereof the undersigned, duly authorized by their respective Governments, have signed and sealed the present Agreement in duplicate, in the Japanese and Chinese languages.

The 4th day of the 9th month of the 42nd year of Meiji the 20th day of the 7th month of the 1st year of Heiian Tung (September 4, 1909).


AGREEMENT between China and Japan with regard to Railways and Mines in Manchuria.-Signed, September 4,



THE Imperial Government of Japan and the Imperial Government of China, actuated by the desire to consolidate the relations of amity and good neighbourhood between the two countries, by settling definitely the matters of common concern in Manchuria, and by removing for the future all cause of misunderstanding, have agreed upon the following stipulations:

ART. I. The Government of China engages that in the event of its undertaking to construct a railway between Isinmintun and Fakumen, it shall arrange previously with the Government of Japan.

II. The Government of China recognizes that the railway between Tashichao and Yinkow is a branch line of the South Manchurian Railway, and it is agreed that the said branch line shall be delivered up to China simultaneously with the South Manchurian Railway upon the expiration of the term of concession for that main line. The Chinese Government further agrees to the extension of the said branch line to the port of Yinkow.

III. In regard to the coal mines at Fushun and Yuentai, the Governments of Japan and China are agreed as follows:

(4.) The Chinese Government recognizes the right of the Japanese Government to work the said coal mines.

(b.) The Japanese Government respecting the full sovereignty of China, engages to pay to the Chinese Government tax upon coals produced in those mines. The rate of such tax shall be separately arranged upon the basis of the lowest tariff for coals produced in any other places of China.

(c.) The Chinese Government agrees that, in the matter of the exportation of coals produced in the said mines, the lowest tariff of export duty for coals of any other mines shall be applied.

(4.) The extent of the said coal mines, as well as all the detailed regulations, shall be separately arranged by commissioners specially appointed for that purpose.

IV. All mines along the Antung-Mukden Railway and the main line of the South Manchurian Railway, excepting those at Fushun and Yuentai, shall be exploited as joint enterprises of Japanese and Chinese subjects, upon the general principles which the Viceroy of the Eastern Three Provinces and the Governor of Mukden agreed upon with the Japanese ConsulGeneral in the 40th year of Meiji, corresponding to the 33rd year of Kuangsu. Detailed regulations in respect of such mines shall, in due course, be arranged by the Viceroy and the Governor with the Japanese Consul-General.

V. The Government of Japan declares that it has no objection to the extension of the Peking-Mukden Railway to the city wall of Mukden. Practical measures for such extension shall be adjusted and determined by the local Japanese authorities and technical experts.

In witness whereof the undersigned, duly authorized by their respective Governments, have signed and sealed the present Agreement, in duplicate, in the Japanese and Chinese languages.

The 4th day of the 9th month of the 42nd year of Meiji; the 20th day of the 7th month of the 1st year of Heiian Tung (September 4, 1909).


PROTOCOL between China and Peru respecting Immigration of Chinese into Peru.-Signed at Lima, August 28, 1909.


In the Foreign Office of Peru, being present the undersigned, Dr. Don Melitón F. Porras, Minister for that Department, and Mr. Wu Ting Fang, Envoy Extraordinary and Minister Plenipotentiary of the Chinese Empire, have agreed to place on record the following in consequence of the protest formulated by the Legation of that Empire in Lima against the dispositions contained in the Supreme Decree of the 14th May last suspending Chinese immigration into Peruvian territory, viz. :

Mr. Wu Ting Fang stated that, as expressed by him in an official communication, that Decree was considered by his Government to be incompatible with the stipulations of the Treaty of Friendship, Commerce, and Navigation between Peru and the Chinese Empire of the 26th June, 1874,* for which reason he had requested its repeal in due course, invoking at the same time the general principles of international law; this did not, however, prevent his being willing to agree upon rules for the voluntary restriction of the emigration of Chinese subjects to this Republic, such emigration being subjected in future to the following regulations :—

[ocr errors]

1. The transport of emigrants from China to Peru shall be suspended of its own accord by the Government of China.

2. In order to proceed to Peru every Chinese subject must present a petition for a passport to the Chamber of Commerce of the province to which he belongs.

3. That Chamber shall inquire whether the condition of the petitioner is, or is not, such as make him, on arrival in Peru,

* Vol. LXVI,

page 1125.

« PreviousContinue »