Precepts of Neutrality. 1. Belligerents are not allowed to occupy any part of the territory or the territorial waters of China; nor to commit an act of war within, nor to make use of any place therein as a base of operations against their adversaries. 2. Troops of any of the belligerents, their munitions of war or supplies, are not allowed to cross the territory or territorial waters of China. In the event of a violation, the troops shall submit to the Chinese authorities to be disarmed and interned, and the munitions of war and supplies shall be held in custody until the termination of the war. 3. If the belligerent warships and auxiliary vessels are found in a port within the territorial waters of China where they are not entitled to remain, China may order them to disarm and may detain the officers and crew until the termination of the war. 4. The troops interned and the officers and crew detained in accordance with Articles 2 and 3 respectively will be supplied, if necessary, with food and clothing until the termination of the war. The expenses thus incurred shall be made good by the respective belligerents. 5. Belligerent warships or auxiliary vessels, which are allowed by the local authorities to remain within the territorial waters of China can remain there for a period not exceeding twentyfour hours. If they are unable to depart for the sea within this period on account of stress of weather, or on account of the fact that the repairs to damage are not completed, or of the fact that they have not shipped a sufficient quantity of necessary food, provisions, and fuel to enable them to reach the nearest port of their own country, they shall leave it to the commanders of the Chinese navy or the local authorities to consider an extension of the time-limit. They must leave as soon as the circumstances of the delay are at end. 6. Except on account of stress of weather or repairs of damage, the number of warships or auxiliary vessels belonging to a belligerent which may simultaneously remain in one of the ports or roadsteads of China shall not exceed three. 7. When warships or auxiliary vessels belonging to several belligerents are present simultaneously in one of the ports of China, the ship or vessel which arrived later cannot leave until twenty-fours hours after the departure of the one which arrived earlier, and until after the receipt of an order to proceed from a commander of the Chinese navy or the local authorities. 8. Belligerent warships and auxiliary vessels are forbidden to revictual their supplies in the territorial waters of China above the peace standard or to increase their fighting strength. 9. Belligerent warships or auxiliary vessels are forbidden to make captures in the territorial waters of China, and, except when it is absolutely necessary on account of stress of weather or repairs of damage or seeking supplies, they are also forbidden to bring a prize into any of the ports of China. They must leave as soon as the circumstances of their entry are at end. During their stay they are also forbidden to allow the prisoners of war to go on shore, or to sell the prize and its contents. If belligerent warships or auxiliary vessels do not conform to the foregoing provision, China may release the prize and the prisoners of war, intern the prize crew, and confiscate the ship or vessel or the goods. Prisoners of war brought into the territory of China by belligerent troops, as well as those who escape to China, will be released forthwith. The troops who bring prisoners of war into the territory of China will be interned. 10. Articles 3, 5, 6, and 8 are not applicable to belligerent warships devoted exclusively to scientific, religious, or philanthropic purposes. 11. Within the territory and the territorial waters of China belligerents are not allowed to form corps of combatants, or to equip fighting vessels, or to open recruiting agencies, or to establish a Prize Court, or to set up a blockade of one of the ports. 12. The guards attached to the Legations of the various Powers in Peking, and their troops stationed along the route between Peking and Shanhaikuan shall continue to conduct themselves so as to conform to the Peace Protocol of the 25th day of the 7th moon of the 27th year of Kuang Hsu, i.e., September 7, 1901.* They are not allowed to interfere in the present war. The foreign troops stationed in other parts of China shall act likewise. Those who do not conform to the foregoing provision may be interned and disarmed by China until the termination of the war. 13. Belligerents are not allowed to deprive Chinese who reside within their dominions of their money or property, or to force them to enlist in their military service. If necessary, China may despatch warships to render them protection or to take them out of the country. 14. The fact of China using various means to resist an attempt of a belligerent to violate these Articles of Neutrality cannot be regarded as a hostile act. 15. Chinese citizens within the territory and the territorial waters of China are not allowed to proceed to a belligerent State to enlist in its military service or as a member of the crew of one of its warships or auxiliary vessels; nor are they allowed to participate in the war. 16. Within the territory and the territorial waters of China no person is allowed to arm and equip for a belligerent or to furnish ships or stores and military supplies, such as shot and cartridges, gunpowder, saltpetre, arms, &c., for the purpose of * Vol. XCIV, page 686. performing acts of war or making captures; nor are they allowed to supply any of the belligerents with funds. 17. Within the territory and the territorial waters of China no person is allowed to carry on the work of espionage for any of the belligerents, or to prepare despatches concerning the operations of the war on its behalf. 18. Without the permission of a commander of the army or navy, or the local authorities, no person within the territory or the territorial waters of China is allowed to sell coal, fuel, or food provisions to the troops or any of the warships or auxiliary vessels of the belligerents. 19. Without the permission of the local authorities, no person within the territory and the territorial waters of China is allowed to repair or load or unload a prize on behalf of a belligerent, nor to sell, exchange, accept as a gift, or keep in custody the prize and any of the belongings taken as prize. 20. Chinese ships and all persons on board them shall observe the regulations in force at any port effectively blockaded by one of the belligerents, and must not carry contraband of war or forward military despatches or transport goods for one of the belligerents, or commit other acts in violation of the laws of war. 21. Any person within the territory or the territorial waters of China who violates these Articles of Neutrality, if he is a Chinese, will be punished in conformity with the laws and ordinances, and the goods confiscated; if he is a foreigner, he will be dealt with in accordance with Treaty and the law of nations. 22. Chinese citizens who violate the laws of war and are captured by a belligerent will be left to be dealt with by its Courts in accordance with the law of nations. If the capture by the belligerent is illegal, he shall indemnify any loss or injury. 23. Belligerents are not allowed to detain the arms or con traband of war carried by Chinese vessels between Chinese ports or for or from another neutral country. The ordinary commercial goods carried by Chinese vessels and belonging to a belligerent, as well as all goods belonging to China and carried in belligerent vessels, shall be allowed to pass to and fro without let or molestation. All belligerents shall recognize and give effect to the passports and certificates issued by China. 24. The cases not provided for in the present Articles will be dealt with by China in accordance with the Convention respecting the Rights and Duties of Neutral Powers and Persons in case of War on Land, and the Convention concerning the Rights and Duties of Neutral Powers in Naval War, concluded between China and the other Powers at The Hague in 1907.* *Vol. C, page 448. DECREE of the Government of Colombia relative to the Prevention of Violations of Neutrality in Colombian Ports.— Bogotá, August 13, 1914. (Translation.) Ministry of Foreign Affairs, Bogotá, August 13, 1914. ON account of the state of war existing between several European Powers: In view of the notifications and requests which certain of these Powers have addressed to the Government of the Republic through their Legations in this city relative to the clearance of ships; In consideration of the duties imposed upon the Colombian Government by their neutrality towards the belligerent States; And also in view of the doctrine which the Ministry follows in the matter which is deduced from the conduct observed by the Colombian Government in reference to the state of war between Chile, Peru, and Bolivia in 1879; between the Government of Chile and the party which rose against them in 1891; and between Spain and the United States of America in 1898: It is resolved: That the Governors of the Departments of Nariño, Cauca, El Valle, Bolívar, Atlántico, and Magdalena shall be guided by the following rules, which they should transmit to the authorities at the respective ports, relative to the clearance of merchant vessels and ships of war belonging to the belligerent nations : 1. Use due diligence to prevent the departure of armaments, munitions, and other warlike stores in ships belonging to any of the belligerent squadrons. 2. Prevent the departure of the same materials in merchant vessels, provided that an authorized agent denounces the cargo as being destined for warlike purposes. 3. Prevent the embarkation of coal in ships of those squadrons unless it be shown that the ship has none and receives only the quantity strictly necessary to carry her to the nearest foreign port. 4. Permit even warships to provide themselves with victuals and goods other than arms, munitions, coal, and elements of war. As the standard by which common practice in this matter is deduced depends upon the exact definition of what is understood by contraband of war, and as the original meaning of contraband includes only articles which from their nature are destined for warlike purposes, there are objects whose contingent classification cannot be established in a Resolution like the present. Commercial development and the habits of war may give a temporary contraband character to goods which formerly did not have it. In these cases the respective authorities will consult the Ministry of Foreign Affairs, confining themselves otherwise to the application of the foregoing rules, which are based on the understanding that only those things are contraband which per se serve for purposes of war. The present Resolution is of a provisional character during such time as may be required for more careful study of the bases and reasons on which it rests and of the modifications of which it may allow, &c. MARCO FIDEL SUAREZ. DECREE of the Government of Colombia relative to the Prohibition of the Use of Wireless Telegraphy Installation by Vessels of the Belligerent Nations while in Colombian Waters.--Bagotá, August 22, 1914. (Translation.) THE Contracting Parties at the Second Conference of The Hague in 1907 having established the obligation that neutral States shall prevent in their waters the use of wireless telegraphy apparatus installed in ships of the belligerent nations,* and also the clearance of merchant ships about to arm themselves on the high seas as warships;† the representatives of Colombia having signed the foregoing dispositions, and although the dispositions of the said Conference, to which the Republic adhered, were not approved by the Colombian Congress, nevertheless these acts establish a real doctrine, which is as worthy of respect on account of its origin as on account of its foundation, It is resolved: To make an addition to the Resolution of this Ministry of the 13th August, 1914, in this form : The authorities of the ports of the Republic will notify the ships of the nations actually at war that they may not use, while in Colombian waters, their wireless telegraphy installations, and that such installations must be dismantled during that time; also that in these same circumstances preparations may not be made for the conversion on the high seas of merchant ships into ships of war. Be it communicated, &c. MARCO FIDEL SUAREZ. Vol. C, page 450. + Vol. C, page 451. |