 |
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 1 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 9lst 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 1 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) HIOKI 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 Chi-lin (Kirin) Coal Chia 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 and or work the same; but before the Mining regulations are definitely settled, the practice at present in force shall be followed.
1 Provinces Fengtien.
Locality District Mineral
1. Niu Hsin T'ai Pen-hsi Coal 2. Tien Shih Fu Kou Pen-hsi Coal 3. Sha Sung Kang Hai-lung Coal 4. T'ieh Ch'ang Tung-hua Coal 5. Nuan Ti T'ang Chin Coal 6. An Shan Chan region From Liaoyang to Pen-hsi Iron
KIRIN (Southern portion)
1. Sha Sung Kang Ho-lung Coal & Iron 2. Kang Yao Chi-lin (Kirin) Coal 3. Chia P'i Kou Hua-tien Gold
I avail, etc.,
(Signed) HIOKI EKI.
His Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs of the Republic of China.
EXCHANGE OF NOTES RESPECTING RAILWAYS AND TAXES IN SOUTH MANCHURIA AND EASTERN INNER MONGOLIA
—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 my Government.
I have the honour to make the following declaration to your Government:—
China will hereafter provide funds for building necessary railways in South Manchuria and Eastern Inner Mongolia; if foreign capital is required China may negotiate for a loan with Japanese capitalists first; and further, the Chinese Government, when making a loan in future on the security of the taxes in the above- mentioned places (excluding the salt and customs revenue which have already been pledged by the Chinese Central Government) may negotiate for it with Japanese capitalists first.
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 respecting railways and taxes in South Manchuria and Eastern Inner Mongolia in which you stated:
"China will hereafter provide funds for building necessary railways in South Manchuria and Eastern Inner Mongolia; if foreign capital is required China may negotiate for a loan with Japanese capitalists first; and further, the Chinese Government, when making a loan in future on the security of taxes in the above mentioned places (excluding the salt and customs revenue which has already been pledged by the Chinese Central Government) may negotiate for it with Japanese capitalists first.
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 EMPLOYMENT OF ADVISERS IN SOUTH MANCHURIA
—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:—
"Hereafter, if foreign advisers or instructors on political, financial, military or police matters are to be employed in South Manchuria, Japanese may be employed first."
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 your Government:—
"Hereafter if foreign advisers or instructors in political, financial, military or police matters are to be employed in South Manchuria, Japanese may be employed first."
In reply, I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) HIOKI EKI.
Hia Excellency, Lou Tseng-tsiang, Minister of Foreign Affairs.
EXCHANGE OF NOTES RESPECTING THE EXPLANATION OF "LEASE BY NEGOTIATION" IN SOUTH MANCHURIA
—Note—
Peking, the 25th day of the 5th month of the 4th year of Taisho.
Excellency,
I have the honour to state that the term lease by negotiation contained in Article 2 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day shall be understood to imply a long-term lease of not more than thirty years and also the possibility of its unconditional renewal.
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 state.
"The term lease by negotiation contained in Article 2 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day shall be understood to imply a long-term lease of not more than thirty years and also the possibility of its unconditional renewal."
In reply I beg to state that I have taken note of the same.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
EXCHANGE OF NOTES RESPECTING THE ARRANGEMENT FOR POLICE LAWS AND ORDINANCES AND TAXATION IN SOUTH MANCHURIA AND 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 Chinese Authorities will notify the Japanese Consul of the police laws and ordinances and the taxation to which Japanese subjects shall submit according to Article 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day so as to come to an understanding with him before their enforcement.
I avail, etc.,
(Signed) Lou TSENO-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 state:
"The Chinese Authorities will notify the Japanese Consul of the Police laws and ordinances and the taxation to which Japanese subjects shall submit according to Article 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day so as to come to an understanding with him before their enforcement."
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.
—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, inasmuch as preparations have to be made regarding Articles 2, 3, 4 & 5 of the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day, the Chinese Government proposes that the operation of the said Articles be postponed for a period of three months beginning from the date of the signing of the said Treaty.
I hope your Government will agree to this proposal.
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 "inasmuch as preparations have to be made regarding Articles 2, 3, 4 & 5 the Treaty respecting South Manchuria and Eastern Inner Mongolia signed this day, the Chinese Government proposes that the operation of the said Articles be postponed for a period of three months beginning from the date of the signing of the said Treaty."
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 MATTER OF HANYEHPING
—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 if in future the Hanyehping Company and the Japanese capitalists agree upon co-operation, the Chinese Government, in view of the intimate relations subsisting between the Japanese capitalists and the said Company, will forthwith give its permission. The Chinese Government further agrees not to confiscate the said Company, nor, without the consent of the Japanese capitalists to convert it into a state enterprise, nor cause it to borrow and use foreign capital other than Japanese.
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 state:
"If in future the Hanyehping Company and the Japanese capitalists agree upon co-operation, the Chinese Government, in view of the intimate relations subsisting between the Japanese capitalists and the said Company, will forthwith give its permission. The Chinese Government further agrees not to confiscate the said Company, nor, without the consent of the Japanese capitalists to convert it into a state enterprise, nor cause it to borrow and use foreign capital other than Japanese."
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 FUKIEN QUESTION
—Note—
Peking, the 25th day of the 5th month of the 4th year of the Republic of China.
Excellency,
A report has reached me to the effect that the Chinese Government has the intention of permitting foreign nations to establish, on the coast of Fukien Province, dock-yards, coaling stations for military use, naval bases, or to set up other military establishments; and also of borrowing foreign capital for the purpose of setting up the above-mentioned establishments. I have the honour to request that Your Excellency will be good enough to give me reply stating whether or not the Chinese Government really entertains such an intention.
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 which I have noted.
In reply I beg to inform you that the Chinese Government hereby declares that it has given no permission to foreign nations to construct, on the coast of Fukien Province, dock-yards, coaling stations for military use, naval bases, or to set up other military establishment; nor does it entertain an intention of borrowing foreign capital for the purpose of setting up the above- mentioned establishmments.
I avail, etc.,
(Signed) LOU TSENG-TSIANG.
His Excellency, Hioki Eki, Japanese Minister.
DOCUMENTS IN GROUP IV
(1) The Draft of the Permanent Constitution completed in May, 1917.
(2) The proposed Provincial System, i.e., the local government law.
(3) Memorandum by the Ministry of Commerce on Tariff Revision, illustrating the anomalies of present trade taxation.
(4) The leading outstanding cases between China and the Foreign Powers.
DRAFT OF THE NATIONAL CONSTITUTION OF CHINA
(As it stood on May 28th, 1917, in its second reading at the Constitutional Conference.)
The Constitutional Conference of the Republic of China, in order to enhance the national dignity, to unite the national dominion, to advance the interest of society and to uphold the sacredness of humanity, hereby adopt the following constitution which shall be promulgated to the whole country, to be universally observed, and handed down unto the end of time.
CHAPTER I. THE FORM OF GOVERNMENT
Article 1. The Republic of China shall forever be a consolidated Republic.
CHAPTER II. NATIONAL TERRITORY
Art. 2. The National Territory of the Republic of China shall be in accordance with the dominion hithertofore existing.
No change in National Territory and its divisions can be made save in accordance with the law.
CHAPTER ... GOVERNING AUTHORITY
Art. ... The power of Government of the Republic of China shall be derived from the entire body of citizens.
CHAPTER III. THE CITIZENS
Art. 3. Those who are of Chinese nationality according to law shall be called the citizens of the Republic of China.
Art. 4. Among the citizens of the Republic of China, there shall be, in the eyes of the law, no racial, class, or religious distinctions, but all shall be equal.
Art. 5. No citizens of the Republic of China shall be arrested, detained, tried, or punished save in accordance with the law. Whoever happens to be detained in custody shall be entitled, on application therefore, to the immediate benefit of the writ of habeas corpus, bringing him before a judicial court of competent jurisdiction for an investigation of the case and appropriate action according to law.
Art. 6. The private habitations of the citizens of the Republic of China shall not be entered or searched except in accordance with the law.
Art. 7. The citizens of the Republic of China shall have the right of secrecy of correspondence, which may not be violated except as provided by law.
Art. 8. The citizens of the Republic of China shall have liberty of choice of residence and of profession which shall be unrestricted except in accordance with law.
Art. 9. The citizens of the Republic of China shall have liberty to call meetings or to organize societies which shall be unrestricted except in accordance with the law.
Art. 10. The citizens of the Republic of China shall have freedom of speech, writing and publication which shall be unrestricted except in accordance with the law.
Art. 11. The citizens of the Republic of China shall be entitled to honour Confucius and shall enjoy freedom of religious belief which shall be unrestricted except in accordance with the law.
Art. 12. The citizens of the Republic of China shall enjoy the inviolable right to the security of their property and any measure to the contrary necessitated by public interest shall be determined by law.
Art. ... . The citizens of the Republic of China shall enjoy all other forms of freedom aside from those hithertofore mentioned, provided they are not contrary to the spirit of the Constitution.
Art. 13. The citizens of the Republic of China shall have the right to appeal to the Judicial Courts according to law.
Art. 14. The citizens of the Republic of China shall have the right to submit petitions or make complaints according to law.
Art. 15. The citizens of the Republic of China shall have the right to vote and to be voted for according to law.
Art. 16. The citizens of the Republic of China shall have the right to hold official posts according to law.
Art. 17. The citizens of the Republic of China shall perform the obligation of paying taxes according to law.
Art. 18. The citizens of the Republic of China shall perform the obligation of military service according to law.
Art. 19. The citizens of the Republic of China shall be under the obligation to receive primary education according to law.
CHAPTER IV. THE NATIONAL ASSEMBLY
Art. 20. The legislative power of the Republic of China shall be exercised by the National Assembly exclusively.
Art. 21. The National Assembly shall consist of a Senate and House of Representatives.
Art. 22. The Senate shall be composed of the Senators elected by the highest local legislative assemblies and other electoral bodies.
Art. 23. The House of Representatives shall be composed of the representatives elected by the various electoral districts in proportion to the population.
Art. 24. The members of both Houses shall be elected according to law.
Art. 25. In no case shall one person be a member of both Houses simultaneously.
Art. 26. No member of either House shall hold any official post, civil or military during his term.
Art. 27. The qualifications of the members of either House shall be determined by the respective Houses.
Art. 28. The term of office for a member of the Senate shall be six years. One-third of the members shall retire and new ones be elected every two years.
Art. 29. The term of office for a member of the House of Representatives shall be three years.
Art. 30. Each House shall have a President and a Vice-President who shall be elected from among its members.
Art. 31. The National Assembly shall itself convene, open and close its sessions, but as to extraordinary sessions, they shall be called under one of the following circumstances:
(1) A signed request of more than one-third of the members of each House.
(2) A mandate of the President.
Art. 32. The ordinary sessions of the National Assembly shall begin on the first day of the eighth month in each year.
Art. 33. The period for the ordinary session of the National Assembly shall be four months which may be prolonged, but the prolonged period shall not exceed the length of the ordinary session.
Art. 34. (Eliminated.)
Art. 35. Both Houses shall meet in joint session at the opening and closing of the National Assembly.
If one House suspends its session, the other House shall do likewise during the same period.
When the House of Representatives is dissolved, the Senate shall adjourn during the same period.
Art. 36. The work of the National Assembly shall be conducted in the Houses separately. No bill shall be introduced in both Houses simultaneously.
Art. 37. Unless there be an attendance of over half of the total number of members of either House, no sitting shall be held.
Art. 38. Any subject discussed in either House shall be decided by the votes of the majority of members attending the sitting. The President of each House shall have a deciding vote in case of a tie.
Art. 39. A decision of the National Assembly shall require the decision of both Houses.
Art. 40. The sessions of both Houses shall be held in public, except on request of the government, or decision of the Houses when secret sessions may be held.
Art. 41. Should the House of Representatives consider either the President or the Vice-President of the Republic of China has committed treason, he may be impeached by the decision of a majority of over two-thirds of the members present, there being a quorum of over two-thirds of the total membership of the House.
Art. 43. Should the House of Representatives consider that the Cabinet Ministers have violated the law, an impeachment may be instituted with the approval of over two-thirds of the members present.
Art. 43. The House of Representatives may pass a vote of want of Confidence in the Cabinet Ministers.
Art. 44. The Senate shall try the impeached President, Vice- President and Cabinet Ministers.
With regard to the above-mentioned trial, no judgment of guilt or violation of the law shall be passed without the approval of over two-thirds of the members present.
When a verdict of "Guilty" is pronounced on the President or Vice- President, he shall be deprived of his post, but the infliction of punishment shall be determined by the Supreme Court of Justice.
When the verdict of "Guilty" is pronounced upon a Cabinet Minister, he shall be deprived of his office and may forfeit his public rights. Should the above penalty be insufficient for his offence, he shall be tried by the Judicial Court.
Art. ... Either of the two Houses shall have power to request the government to inquire into any case of delinquency or unlawful act on the part of any official and to punish him accordingly.
Art. 45. Both Houses shall have the right to offer suggestions to the Government.
Art. 46. Both Houses shall receive and consider the petitions of the citizens.
Art. 47. Members of either House may introduce interpellations to the members of the Cabinet and demand their attendance in the House to reply thereto.
Art. 48. Members of either House shall not be responsible to those outside the House for opinions expressed and votes cast in the House.
Art. 49. No member of either House during session shall be arrested or detained in custody without the permission of his respective House, unless he be arrested in the commission of the offence or act.
When any member of either House has been so arrested, the government should report the cause to his respective House. Such member's House, during session, may with the approval of its members demand for the release of the arrested member and for temporary suspension of the legal proceedings.
Art. 50. The annual allowances and other expenses of the members of both Houses shall be fixed by law.
(CHAPTER V on Resident Committee of the National Assembly with 4 articles has been eliminated.)
CHAPTER VI. THE PRESIDENT
Art. 55. The administrative power of the Republic of China shall be vested in the President with the assistance of the Cabinet Ministers.
Art 56. A person of the Republic of China in the full enjoyment of public rights, of the age of forty years or more, and resident in China for at least ten years, is eligible for election as President.
Art. 57. The President shall be elected by a Presidential Election Convention, composed of the members of the National Assembly.
For the above election, an attendance of at least two-thirds of the number of electors shall be required, and the voting shall be performed by secret ballot. The person obtaining three-fourths of the total votes cast shall be elected; but should no definite result be obtained after the second ballot, the two candidates obtaining the most votes in the second ballot shall be voted for and the candidate receiving the majority vote shall be elected.
Art. 58. The period of office of the President shall be five years, and if re-elected, he may hold office for another term,
Three months previous to the expiration of the term, the members of the National Assembly of the Republic shall themselves convene and organize the President Election Convention to elect a President for the next term.
[*] Art. 59. When the President is being inaugurated, he shall make an oath as follows: "I hereby solemnly swear that I will most faithfully obey the Constitution and discharge the duties of the President."
[*] Art. 60. Should the post of the President become vacant, the Vice-President shall succeed him until the expiration of the term of office of the President. Should the President be unable to discharge his duties for any cause, the Vice-President shall act for him.
Should the Vice-President vacate his post at the same time, the Cabinet shall officiate for the President, but at the same time, the members of the National Assembly shall within three months convene themselves and organize the Presidential Election Convention to elect a new President.
[*] Art. 61. The President shall be relieved of his office at the expiration of his term of his office. If, at the end of the period, the new President has not been elected, or, having been elected, be unable to assure office and when the Vice-President is also unable to act as President, the Cabinet shall officiate for the President.
[*] Art. 62. The election of the Vice-President shall be in accordance with the regulations fixed for the election of the President; and the election of the Vice-President shall take place simultaneously with the election of the President. Should the post of the Vice-President become vacant, a new Vice-President shall be elected.
Art. 63. The President shall promulgate all laws and supervise and secure their enforcement.
Art. 64. The President may issue and publish mandates for the execution of laws in accordance with the powers delegated to him by the law.
Art. 65. (Eliminated.)
Art. 66. The President shall appoint and remove all civil and military officials, with the exception of those specially provided for by the Constitution or laws.
Art. 67. The President shall be the Commander-in-Chief of the Army and Navy of the Republic.
The organization of the Army and Navy shall be fixed by law.
Art. 68. Intercourse with foreign countries, the President shall be the representative of the Republic.
Art. 69. The President may, with the concurrence of the National Assembly, declare war, but, in case of defence against foreign invasion, he may request recognition of the National Assembly after the declaration of the war.
Art. 70. The President may conclude treaties; but with regards to treaties of peace, and those effecting legislation, they shall not be valid, if the consent of the National Assembly is not obtained.
Art. 71. The President may proclaim martial law according to law; but if the National Assembly should consider that there is no such necessity, he should declare the withdrawal of the martial law.
Art. 72. (Eliminated.)
Art. 73. The President may, with the concurrence of the Supreme Court of Justice, grant pardons, commute punishment, and restore rights; but with regard to a verdict of impeachment, unless with the concurrence of the National Assembly, he shall not make any announcement of the restoration of rights.
Art. 74. The President may suspend the session of either the Senate or the House of Representatives for a period not exceeding ten days, but during any one session, he may not exercise this right more than once.
Art. 75. With the concurrence of two-thirds or more of the members of the Senate present, the President may dissolve the House of Representatives, but there must not be a second dissolution during the period of the same session.
When the House of Representatives is dissolved by the President, another election shall take place immediately, and the convocation of the House at a fixed date within five months should be effected to continue the session.
Art. 76. With the exception of high treason, no criminal charges shall be brought against the President before he has vacated his office.
Art. 77. The salaries of the President and Vice-President shall be fixed by law.
CHAPTER VII. THE CABINET
Art. 78. The Cabinet shall be composed of the Cabinet Ministers.
Art. 79. The Premier and the Ministers of the various ministries shall be called the Cabinet Ministers.
Art. 80. The appointment of the Premier shall be approved by the House of Representatives.
Should a vacancy in the Premiership occur during the time of adjournment of the National Assembly, the President may appoint an Acting-Premier, but it shall be required that the appointment must be submitted to the House of Representatives for approval within seven days after the convening of the next session.
Art. 81. Cabinet Ministers shall assist the President and shall be responsible to the House of Representatives.
Without the counter-signature of the Cabinet Minister to whose Ministry the Mandate or dispatch applies, the mandate or dispatch of the President in connection with State affairs shall not be valid; but this shall not apply to the appointment or dismissal of the Premier.
Art. 82. When a vote of want of confidence in the Cabinet Ministers is passed, if the President does not dissolve the House of Representatives according to the provisions made in Art. 75, he should remove the Cabinet Ministers.
Art. 83. The Cabinet Ministers shall be allowed to attend both Houses and make speeches, but in case of introducing bills for the Executive Department, their delegates may act for them.
CHAPTER VIII. COURTS OF JUSTICE
Art. 84. The Judicial authority of the Republic of China shall be exercised by the Courts of Justice exclusively.
Art. 85. The organization of the Courts of Justice and the qualifications of the Judges shall be fixed by law.
The appointment of the Chief-Justice of the Supreme Court should have the approval of the Senate. Art. 86. The Judiciary shall attend to and settle all civil, criminal administrative and other cases, but this does not include those cases which have been specially provided for by the Constitution or law.
Art. 87. The trial of cases in the law courts shall be conducted publicly, but those affecting public peace and order or propriety may be held in camera.
Art. 88. The Judges shall be independent in the conducting of trials and none shall be allowed to interfere.
Art. 89. Except in accordance with law, judges, during their continuation of office shall not have their emoluments decreased, nor be transferred to other offices, nor shall they be removed from office.
During his tenure of office, no judge shall be deprived of his office unless he is convicted of crime, or for offences punishable by law. But the above does not include cases of reorganization of Judicial Courts and when the qualification of the Judges are modified. The punishments and fines of the Judicial Officials shall be fixed by law.
CHAPTER IX. LEGISLATION
Art. 90. The members of both Houses and the Executive Department may introduce bills of law, but if any bill of law is rejected by the House it shall not be re-introduced during the same session.
Art. 91. Any bill of law which has been passed by the National Assembly shall be promulgated by the President within 15 days after receipt of the same.
Art. 92. Should the President disapprove of any bill of law passed by the National Assembly, he shall within the period allowed for promulgation, state the reason of his disapproval and request the re-consideration of the same by the National Assembly.
If a bill of law has not yet been submitted with a request for consideration and the period for promulgation has passed; it shall become law. But the above shall not apply to the case when the session of the National Assembly is adjourned, or, the House of Representatives dissolved before the period for the promulgation is ended.
Art. 93. The law shall not be altered or repealed except in accordance with the law.
Art. 94. Any law that is in conflict with the Constitution shall not be valid.
CHAPTER X. NATIONAL FINANCE
Art. 95. The introductions of new taxes and alterations in the rate of taxation shall be fixed by law.
Art. 96. (Eliminated.)
Art. 97. The approval of the National Assembly must be obtained for National loans, or the conclusion of agreements which tend to increase the burden of the National Treasury.
Art. ... Financial bills involving direct obligation on the part of the citizens shall first be submitted to the House of Representatives.
Art. 98. The Executive Department of the Government shall prepare a budget setting forth expenditures and receipts of the Nation for the fiscal year which shall be submitted to the House of Representatives within 15 days after the opening of the session of the National Assembly.
Should the Senate amend or reject the budget passed by the House of Representatives, it shall request the concurrence of the House of Representatives in its amendment or rejection, and, if such concurrence is not obtained, the budget shall be considered as passed.
Art. 99. In case of special provisions, the Executive Department may fix in advance in the budget the period over which the appropriations are to be spread and may provide for the successive appropriations continuing over this period.
Art. 100. In order to provide for a safe margin for under- estimates or for items left out of the budget, the Executive Department may include contingent items in the budget under the heading of Reserve Fund. The sum expended under the above provision shall be submitted to the House of Representatives at the next session for recognition. Art. 101. Unless approved by the Executive Department, the National Assembly shall have no right to abolish or curtail any of the following items:
(1) Items in connection with obligations of the Government according to law.
(2) Items necessitated by the observance of treaties.
(3) Items legally fixed.
(4) Successive appropriations continuing over a period.
Art. 102. The National Assembly shall not increase the annual expenditures as set down in the budget.
Art. 103. In case the budget is not yet passed, when the fiscal year begins, the Executive Department may, during this period, follow the budget for the preceding year by limiting its expenditures and receipts by one-twelfth of the total amount for each month.
Art. 104. Should there be a defensive war against foreign invasion, or should there be a suppression of internal rebellion, or provide against extraordinary calamity, when it is impossible to issue writs for summoning the National Assembly, the Executive Department may adopt financial measures for the emergency, but it should request the recognition thereof by the House of Representatives within seven days after the convening of the next session of the National Assembly.
Art. 105. Orders on the Treasury for payments on account of the annual expenditures of the Government shall first be passed by the Auditing Department.
Art. 106. Accounts of the annual expenditures and annual receipts for each year should first be referred to the Auditing Department for investigation and then the Executive Department shall report the same to the National Assembly.
If the account be rejected by the House of Representatives, the Cabinet shall be held responsible.
Art. 107. The method of organization of the Auditing Department and the qualification of the Auditors shall be fixed by law.
During his tenure of office, the auditor shall not be dismissed or transferred to any other duty or his salary be reduced except in accordance with the law.
The manner of punishment of Auditors shall be fixed by law.
Art. 108. The Chief of the Auditing Department shall be elected by the Senate. The Chief of the Auditing Department may attend sittings of both Houses and report on the Audit with explanatory statements.
CHAPTER XI. AMENDMENTS, INTERPRETATION AND INVIOLABILITY OF THE CONSTITUTION
Art. 109. The National Assembly may bring up bills for the amendment of the National Constitution.
Bills of this nature shall not take effect unless approved by two- thirds of the members of each House present.
No bill for the amendment of the Constitution shall be introduced unless signed by one-fourth of the members of each House.
Art. 110. The amendment of the National Constitution shall be discussed and decided by the National Constitutional Conference.
Art. 111. No proposal for a change of the form of Government shall be allowed as a subject for amendment.
Art. 112. Should there be any doubt as to the meaning of the text of the Constitution, it shall be interpreted by the National Constitutional Conference.
Art. 113. The National Constitutional Conference shall be composed of the members of the National Assembly.
Unless there be a quorum of two-thirds of the total number of the members of the National Assembly, no Constitutional Conference shall be held, and unless three-fourths of the members present vote in favour, no amendment shall be passed. But with regard to the interpretation of the Constitution, only two-thirds of the members present is required to decide an issue.
Art. ... The National Constitution shall be the Supreme Law of the land and shall be inviolable under any circumstances unless duly amended in accordance with the procedure specified in this Constitution.
[V] A Chapter on Provincial or local organization is to be inserted under Chapter ... providing for certain powers and rights to be given to local governments with the residual power left in the hands of the central government. The exact text is not yet settled.
Note: The Mark (*) indicated that the article has already been formally adopted as a part of the finished Constitution.
The mark (V) indicates that the article has not yet passed through the second reading.
Those without marks have passed through the second reading on May 28th, 1917. Articles bearing no number are additions to the original draft as presented to the Conference by the Drafting Committee.
THE LOCAL SYSTEM
DRAFT SUBMITTED TO PARLIAMENT
The following Regulations on the Local System have been referred to the Parliamentary Committee for consideration:—
Article 1. The Local System shall embrace provinces and hsien districts.
Any change for the existing division of provinces and hsien districts shall be decided by the Senate. As to Mongolia, Tibet, Chinghai and other places where no provinces and hsien districts have been fixed, Parliament shall enforce these regulations there in future.
Art. 2. A province shall have the following duties and rights: (a) To fix local laws. (b) To manage provincial properties, (c) To attend to the affairs in connexion with police organization, sanitation, conservancy, roads, and public works, (d) To develop education and industry in accordance with the order and mandates of the Central Government. (e) To improve its navigation and telegraphic lines, or to undertake such enterprises with the co- operation of other provinces, (f) To organize precautionary troops for the protection of local interests, the method of whose organization, uniforms and arms shall be similar to those of the National Army. With the exception of the matter of declaring war against foreign countries, the President shall have no power to transfer these troops to other provinces: and unless the province is unable to suppress its own internal troubles, it shall not ask the Central Government for the service of the National Army, (g) The province shall defray its own expenses for the administration and the maintenance of precautionary troops; but the provinces which have hitherto received subsidies, shall continue to receive same from the National Treasury with the approval of Parliament. (h) Land, Title Deed, License, Mortgage, Tobacco and Wine, Butchery, Fishery and all other principal and additional taxes shall be considered as local revenues, (i) The province may fix rates for local tax or levy additional tax on the National Taxes. (j) The province shall have a provincial treasury. (k) It may raise provincial public loans. (l) It shall elect a certain number of Senators, (m) It shall fix regulations for the smaller local Self-Governing Bodies.
Art. 3. Besides the above rights and privileges, a province shall bear the following responsibilities:
(a) In case of financial difficulties of the Central Government, it shall share the burden according to the proportion of its revenue, (b) It shall enforce the laws and mandates promulgated by the Central Government, (c) It shall enforce the measures entrusted by the Central Government, but the latter shall bear the expenses. (d) In case the local laws and regulations are in conflict with those of the Central Government the latter may with the approval of Parliament cancel or modify the same. (e) In case of great necessity the provincial telegraph, railway, etc., may be utilized by the Central Government. (f) In case of negligence, or blunder made by the provincial authorities, which injures the interests of the nation, the Central Government, with the approval of Parliament, may reprimand and rectify same, (g) It shall not make laws on the grant of monopoly and of copyrights; neither issue bank notes, manufacture coins, make implements of weights and measures; neither grant the right to local banks to manage the Government Treasury; nor sign contracts with foreigners on the purchase or sale of lands and, mines, or mortgage land tax to them or construct naval harbours or arsenals, (h) All local laws, budgets, and other important matters shall be reported to the President from time to time, (i) The Central Government may transfer to itself the ownership of enterprises or rights which Parliament has decided should become national, (j) In case of a quarrel arising between the Central Government and the province, or between provinces, it shall be decided by Parliament, (k) In case of refusal to obey the orders of the Central Government, the President with the approval of Parliament may change the Shenchang (Governor) or dissolve the Provincial Assembly. (l) The President with the approval of Parliament may suppress by force any province which defies the Central Authorities.
Art. 4. A Shenchang shall be appointed for each province to represent the Central Government in the supervision of the local administration. The appointment shall be made with the approval of the Senate, the term of office for the Shenchang shall be four years, and his annual salary shall be $24,000, which shall be paid out of the National Treasury.
Art. 5. The administration measures entrusted by the Government to the Shenchang shall be enforced by the administrative organs under his supervision, and he shall be responsible for same.
Art. 6. In the enforcement of the laws and mandates of the Central Government, or of the laws and regulations of his province, he may issue orders.
Art. 7. The province shall establish the following five Departments, namely Interior, Police, Finance, Education and Industry. There shall be one Department Chief for each Department, to be appointed by the Shenchang.
Art. 8. A Provincial Council shall be organized to assist the Shenchang to enforce the administrative measures, and it shall be responsible to the Provincial Assembly for same.
This Council shall be composed of all the Departmental Chiefs, and five members elected out of the Provincial Assembly. It shall discuss the Bills on Budget, on administration, and on the organization, of police forces, submitted by the Shenchang.
Art. 9. If one member of the Council be impeached by the Provincial Assembly, the Shenchang shall replace him, but if the whole body of the Council be impeached, the Shenchang shall either dissolve the Assembly or dismiss all his Departmental Chiefs. In one session the Assembly shall not be dissolved twice, and after two months of the dissolution, it shall be convened again.
Art. 10. The organization and election of the Provincial Assembly shall be fixed by law.
Art. 11. The Provincial Assembly shall have the following duties and powers: (a) It may pass such laws as allowed by the Constitution, (b) It may pass the bills on the provincial Budget and Accounts, (c) It may impeach the members of the Provincial Council. (d) It may address interpellations or give suggestions to the Provincial Council. (e) It may elect Members for the Provincial Council. (f) It may attend to the petitions submitted by the public.
Art. 12. A Magistrate shall be appointed for each hsien district to enforce administrative measures. He shall be appointed directly by the Shenchang, and his term of office shall be three years.
Art. 13. The Central Government shall hold examinations in the provinces for candidates for the Magistracy. In a province half of the total number of magistrates shall be natives of the province and the other half of other provinces; but a native shall hold office of Magistrate 300 li away from his home.
Art. 14. The organization for the legislative organ of the hsien district shall be fixed by law.
TARIFF REVISION IN CHINA
The following is a translation of a memorandum prepared by the Ministry of Agriculture and Commerce regarding abolition of likin and an increase of the Customs duties:—
THE MEMORANDUM
"Disproportionate taxation on commodities at inland towns and cities tends to cripple the productive power of a country. Acting upon this principle, France in the 17th, England, America, Germany and Austria in the 18th Century abolished such kind of taxation, the Customs tariff remaining, which is a levy on imports at the first port of entry. Its purpose is to increase the cost of production of imported goods and to serve as a protection of native products (sic). Raw materials from abroad are, however, exempt from Customs duty in order to provide cheap material for home manufactures. An altogether different state of affairs, however, exists in this country. Likin stations are found throughout the country, while raw materials are taxed. Take the Hangchow silk for instance. When transported to the Capital for sale, it has to pay a tax on raw material of 18 per cent. Foreign imported goods on the other hand, are only taxed at the rate of five per cent, ad valorem Customs duty at the first port of entry with another 2.5 per cent, transit duty at one of the other ports through which the goods pass. Besides these only landing duty is imposed upon imported goods at the port of destination. Upon timber being shipped from Fengtien and Antung to Peking, it has to pay duties at five different places, the total amount of which aggregates 20 per cent, of its market value, while timber from American is taxed only ten per cent. Timber from Jueichow to Hankow and Shanghai is taxed at six different places, the total amount of duty paid aggregating 17.5 per cent., while timber imported from abroad to these ports is required to pay Customs duty only one-third thereof. The above-mentioned rates on native goods are the minimum. Not every merchant can, however, obtain such special "exemption," without a long negotiation and special arrangements with the authorities. Otherwise, a merchant must pay 25 per cent, of the market value of his goods as duty. For this reason the import of timber into this country has greatly increased within the last few years, the total amount of which being valued at $13,000,000 a year. Is this not a great injustice to native merchants?
THE CHINESE METHOD
"Respecting the improvement of the economic condition of the people, a country can hardly attain this object without developing its foreign commerce. The United States of America, Germany and Japan have one by one abolished their export duty as well as made appropriations for subsidies to encourage the export of certain kinds of commodities. We, on the other hand, impose likin all along the line upon native commodities destined for foreign market in addition to export duty. Goods for foreign market are more heavily taxed than for home consumption. Take the Chekiang silk for instance. Silk for export is more heavily taxed than that for home use. Different rates of taxation are imposed upon tea for foreign and home market. Other kinds of native products for export are also heavily taxed with the result that, within the last two decades, the annual exports of this country are exceeded by imports by over Tls. 640,000,000,000. From the 32nd year of the reign of Kuang Hsu to the 4th year of the Republic, imports exceed exports on the average by Tls. 120,000,000. These figures speak for themselves.
LIKIN
"Likin stations have been established at places where railway communication is available. This has done a good deal of harm to transportation and the railway traffic. Lately a proposal has been made in certain quarters that likin stations along the railways be abolished; and the measure has been adopted by the Peking-Tientsin and Tientsin-Pukow Railways at certain places. When the towns and cities throughout the country are connected by railways, there will be no place for likin stations. With the increase in the number of treaty ports, the "likin zone" will be gradually diminished. Thencefrom the proceeds from likin will be decreased year by year.
"Owing to the collection of likin the development of both home and foreign trade has been arrested and the people are working under great disadvantages. Hence in order to develop foreign and home trade, the Government must do away with likin, which will bring back business prosperity, and in time the same will enable the Government to obtain new sources of revenues.
"From the above-mentioned considerations, the Government can hardly develop and encourage trade without the abolition of likin. By treaty with Great Britain, America and Japan, the Government can increase the rate of Customs tariff to cover losses due to the abolition of likin. The question under consideration is not a new one. But the cause which has prevented the Government from reaching a prompt decision upon this question is the fear that, after the abolition of likin, the proceeds from the increased Customs tariff would not be sufficient to cover the shortage caused by the abolition of likin.
COST OF ABOLITION OF LIKIN
But such a fear should disappear when the Authorities remember the following facts:—
(a) The loss as the result of the abolition of likin: $38,900,000.
(b) The loss as the result of the abolition of a part of duty collected by the native Customs houses: $7,300,000.
(c) Annual proceeds from different kinds of principal and miscellaneous taxes which shall be done away with the abolition of likin $11,800,000.
The above figures are determined by comparing the actual amount of proceeds collected by the Government in the 3rd and 4th years of the Republic with the estimated amount in the Budget of the fifth year. The total amount of loss caused by the abolition of likin will be $58,000,000.
INCREASE OF CUSTOMS TARIFF
The amount of increase in the Customs tariff which the Government expects to collect is as follows:—
(a) The increase in import duties $29,000,000.
(b) The increase in export duties Tls. 6,560,000.
The above figures are determined according to the Customs returns of the 2nd, 3rd, and 4th years of the Republic. By deducting Tls. 2,200,000 of transit duty, the net increase will be Tls. 33,600,000 taels, which is equal to $48,500,000. For the sake of prudence, allowance of five per cent, of the total amount is made against any incidental shortage. The net revenue thus increased would amount to $46,100,000. Against the loss of $58,000,000, there will be a shortage of some $11,900,000. This, however, will not be difficult to make good by new sources of revenue as the result of a tariff revision:—
(a) Tax on goods at the time of manufacture $800,000.
(b) Tax on goods at the time of sale $8,000,000.
(c) Tax on cattle and slaughtering houses $2,000,000.
(d) Tax on foodstuffs $4,000,000.
"Under (a) and (b) are the taxes to be collected on native made foreign imitation goods and various kinds of luxurious articles. Under (c) and (d) are taxes which are already enforced in the provinces but which can be increased to that much by reorganizing the method of collection. The total sum of the proceeds set forth under above items will amount to $14,800,000. These will be quite sufficient to cover the loss caused by the abolition of likin.
A VITAL INTEREST
"As the abolition of likin concerns the vital interest of the merchants and manufacturers, it should be carried out without delay. The commercial and industrial enterprises of the country can only thrive after likin is abolished and only then can new sources of revenue be obtained. This measure will form the fundamental factor of our industrial and economical development. But one thing to which we should like to call the special attention of the Government is the procedure to be adopted to negotiate with the Foreign countries respecting the adoption of this measure. The first step in this connexion should be the increase of the present Customs tariff to the actual five per cent, ad valorem rate. When this is done, proposal should be made to the Powers having treaty relations with us concerning the abolition of likin and revision of Customs tariff. The transit destination duties on imported goods should at the same time be done away with. This would not entail any disadvantage to the importers of foreign goods and any diplomatic question would not be difficult of solution. Meantime preparatory measures should be devised for reorganizing the method of collecting duties set forth above so that the abolition of likin can take place as soon as the Government obtains the consent of the foreign Powers respecting the increase of Customs tariff."
MEMORANDUM
THE LEADING OUTSTANDING CASES BETWEEN CHINA AND THE FOREIGN POWERS
(Author's note. The following memorandum was drawn up by Dr. C. C. Wu, Councillor at the Chinese Foreign Office and son of Dr. Wu Ting-fang, the Foreign Minister, and is a most competent and precise statement. It is a noteworthy fact that not only is Dr. C. C. Wu a British barrister but he distinguished himself above all his fellows in the year he was called to the Bar. It is also noteworthy that the Lao Hsi-kai case does not figure in this summary, China taking the view that French action throughout was ultra vires, and beyond discussion.)
BY DR. C. C. WU
Republican China inherited from imperial China the vast and rich territory of China Proper and its Dependencies, but the inheritance was by no means free from incumbrances as in the case of Outer Mongolia, Tibet and Manchuria, and other impediments in the form of unfavourable treaty obligations and a long list of outstanding foreign cases affecting sovereign and territorial rights.
I have been asked by the Editor of the North-China Daily News to contribute an article on some of the outstanding questions between China and foreign powers, instancing Tibet, Manchuria, Mongolia, and to give the Chinese point of view on these questions. Although the subject is a delicate one to handle, particularly in the press, being as it is one in which international susceptibilities are apt to be aroused, I have yet accepted the invitation in the belief that a calm and temperate statement of the Chinese case will hurt no one whose case will bear public discussion but will perhaps do some good by bringing about a clear understanding of the points at issue between China and the foreign Powers concerned, and thus facilitating an early settlement which is so earnestly desired by China. I may say that I have appreciated the British sense of justice and fairplay displayed by the "North- China Daily News" in inviting a statement of the Chinese case in its own columns on questions one of which concerns British interests in no small degree, and the discussion cannot be conducted under a better spirit than that expressed in the motto of the senior British journal in the Far East: "Impartial not Neutral."
1 DEGREE MANCHURIA
The treaty between China and Japan of 1915 respecting South Manchuria and Eastern Inner Mongolia giving that power special rights and privileges in those regions has given rise to many knotty problems for the diplomatists of the two countries to solve. Two of such problems are mentioned here.
JAPANESE POLICE BOXES IN MANCHURIA AND MONGOLIA
Since the last days of the Tsings, the Japanese have been establishing police boxes in different parts of South Manchuria and Eastern Inner Mongolia always under protest of the local and Peking authorities. Since the treaty of 1915, a new reason has become available in the right of mixed residence given to Japanese in these regions. It is said that for the protection and control of their subjects, and indeed for the interest of the Chinese themselves, it is best that this measure should be taken. It is further contended that the stationing of police officers is but a corollary to the right of exterritoriality, and that it is in no way a derogation of Chinese sovereignty.
It is pointed out by the Chinese Government that in the treaty of 1915, express provision is made for Japanese in South Manchuria and Eastern Inner Mongolia to submit to the police laws and ordinances and taxation of China (Article 5). This leaves the matter in no doubt. If the Japanese wish to facilitate the Chinese police in their duty of protection and control of the Japanese, they have many means at their command for so doing. It is unnecessary to point out that the establishment of foreign police on Chinese soil (except in foreign settlements and concessions where it is by the permission of the Chinese Government) is, to our thinking, at any rate, a very grave derogation to China's sovereign rights. Furthermore, from actual experience, we know that the activities of these foreign police will not be confined to their countrymen; in a dispute between a Chinese and a Japanese both will be taken to the Japanese station by the Japanese policeman. This existence of an imperium in imperio, so far from accomplishing its avowed object of "improving the relations of the countries and bringing about the development of economic interests to no small degree," will, it is feared, be the cause of continual friction between the officials and people of the two countries.
As to the legal contention that the right of police control is a natural corollary to the right of exterritoriality, it must be said that ever since the grant of consular jurisdiction to foreigners by China in her first treaties, this is the first time that such a claim has been seriously put forward. We can only say that if this interpretation of exterritoriality is correct the other nations enjoying exteriorality in China have been very neglectful in the assertion of their just rights.
In the Chengchiatun case, the claim of establishing police boxes wherever the Japanese think necessary was made one of the demands. The Chinese Government in its final reply which settled the case took the stand as above outlined.
It may be mentioned in passing that in Amoy the Japanese have also endeavoured to establish similar police rights. The people of that city and province, and indeed of the whole country, as evidenced by the protests received from all over China, have been very much exercised over the matter. It is sincerely hoped that with the undoubted improvement of relations between the two countries within the last several months, the matter will be smoothly and equitably settled.
LEGAL STATUS OF KOREANS IN CHIENTAO
The region which goes by the name of Chientao, a Japanese denomination, comprises several districts in the Yenchi Circuit of Kirin Province north of the Tumen Kiang (or the Tiumen River) which here forms the boundary between China and Korea. For over thirty years Koreans have been allowed here to cultivate the waste lands and acquire ownership therein, a privilege which has not been permitted to any other foreigners in China and which has been granted to these Koreans on account of the peculiar local conditions. According to reliable sources, the Korean population now amounts to over 200,000 which is more than the Chinese population itself. In 1909 an Agreement, known as the Tumen Kiang Boundary Agreement, was arrived at between China and Japan, who was then the acknowledged suzerain of Korea, dealing, inter alia, with the status of these Koreans. It was provided that while Koreans were to continue to enjoy protection of their landed property, they were to be subject to Chinese laws and to the jurisdiction of Chinese courts. The subsequent annexation of Korea did not affect this agreement in point of international law, and as a matter of practice Japan has adhered to it until September, 1915. Then the Japanese Consul suddenly interfered in the administration of justice by the local authorities over the Koreans and claimed that he should have jurisdiction.
The Japanese claim is based on the Treaty Respecting South Manchuria and Eastern Inner Mongolia signed in May, 1915, article 5 of which provides that civil and criminal cases in which the defendants are Japanese shall be tried and adjudicated by the Japanese consul.
The Chinese view is that this article is inapplicable to Koreans in this region and that the Tumen Kiang Agreement continues in force. This view is based on a saving clause in article 8 of the Treaty of 1915 which says that "all existing treaties between China and Japan relating to Manchuria shall, except where otherwise provided for by treaty, remain in force."
In the first place, the origin of the Tumen Kiang Agreement supports this view. When the Japanese assumed suzerainty over Korea they raised certain questions as to the boundary between China and Korea. There were also outstanding several questions regarding railways and mines between China and Japan. Japan insisted that the boundary question and the railway and mining questions be settled at the same time. As a result, two agreements were concluded in 1909 one respecting the boundary question, the Tumen Kiang Agreement, and the other respecting railways and mines whereby Japan obtained many new and valuable privileges and concessions, such as the extension of the Kirin-Changchun Railway to the Korean frontier, the option on the Hsinminfu-Fakumen line, and the working of the Fushun and Yentai mines, while in return China obtained a bare recognition of existing rights, namely the boundary between China and Korea and the jurisdiction over the Koreans in the Yenchi region. The two settlements were in the nature of quid pro quo though it is clear that the Japanese side of the scale heavily outweighed that of the Chinese. Now Japan endeavours to repudiate, for no apparent reason so far as we can see, the agreement which formed the consideration whereby she obtained so many valuable concessions.
Secondly, while Koreans are now Japanese subjects, it is contended by the Chinese that the particular Koreans inhabiting the Yenchi region are, as regards China, in a different position from Japanese subjects elsewhere. These Koreans enjoy the rights of free residence and of cultivating and owning land in the interior of China, rights denied to other foreigners, including Japanese who, even by the new treaty, may only lease land in South Manchuria. For this exceptional privilege, they are subject to the jurisdiction of Chinese laws and Chinese courts, a duty not imposed on other foreigners. It would be "blowing hot and cold at the same time" in the language of English lawyers if it is sought to enjoy the special privileges without performing the duties.
Thirdly, Japanese under the Treaty of 1915 are required to register their passports with the local authorities. On the other hand, Koreans in Yenchi have never been nor are they now required to procure passports. This would seem to be conclusive proof that Koreans in that region are not within the provisions of the treaty of 1915 but are still governed by the Tumen Kiang Agreement.
The question is something more than one of academic or even merely judicial importance. As has been stated, the Koreans in Yenchi outnumber the Chinese and the only thing that has kept the region Chinese territory in fact as well as in name is the possession by the Chinese of jurisdiction over every inhabitant, whether Chinese or Korean. Were China to surrender that jurisdiction over a majority of those inhabitants, it would be tantamount to a cession of territory.
2 DEGREES MACAO
The dispute between China and Portugal over the Macao question has been one of long standing. The first treaty of commerce signed between them on August 13,1862, at Tientsin, was not ratified in consequence of a dispute respecting the Sovereignty of Macao. By a Protocol signed at Lisbon on March 26, 1887, China formally recognized the perpetual occupation and government of Macao and its dependencies by Portugal, as any other Portuguese possession; and in December of the same year, when the formal treaty was signed, provision was made for the appointment of a Commission to delimit the boundaries of Macao; "but as long as the delimitation of the boundaries is not concluded, everything in respect to them shall continue as at present without addition, diminution, or alteration by either of the Parties."
In the beginning of 1908, a Japanese steamer, the Tatsu Maru, engaged in gun-running was captured by a Chinese customs cruiser near the Kau-chau archipelago (Nove Ilhas). The Portuguese authorities demanded her release on the ground that she was seized in Portuguese territorial waters thus raising the question of the status of the waters surrounding Macao.
In the same year the Portuguese authorities of Macao attempted the imposition of land tax in Maliaoho, and proposed to dredge the waterways in the vicinity of Macao. The Chinese Government thereupon instructed its Minister in France, who was also accredited to Portugal, to make personal representations to the Portuguese Foreign Office in regard to the unwarrantable action of the local Portuguese authorities. The Portuguese Government requested the withdrawal of Chinese troops on the Island of Lappa as a quid pro quo for the appointment of a new Demarcation Commissioner, reserving to itself the right to refer to the Hague Tribunal any dispute that may arise between the Commissioners appointed by the respective Governments.
After protracted negotiations it was agreed between the Chinese Minister and the Portuguese Government by an exchange of notes that the respective Governments should each appoint a Demarcation Commissioner to delimit the boundaries of Macao and its dependencies in pursuance of the Lisbon Protocol and Article 2 of the Sino-Portuguese Treaty of 1887, subject to the decision of their respective Governments.
THE PORTUGUESE CLAIM
In February, 1909, Portugal appointed General Jaoquim Machado and China Mr. Kao Erh-chien as their respective Commissioners and they met at Hongkong in June of the same year.
The Portuguese claim consisted of the whole of the Peninsula of Macao as far north as Portas do Cerco, the Island of Lappa, Green Island (Ilha Yerde), Ilhas de Taipa, Ilha de Coloane, Ilha Macarira, Ilha da Tai-Vong-Cam, other small islands, and the waters of Porto Interior. The Portuguese Commissioner also demanded that the portion of Chinese territory between Portas do Cerco and Peishanling be neutralized.
In the absence of evidence, documentary or otherwise, China could not admit Portugal's title to half the territory claimed, but was prepared to concede all that part of the Peninsula of Macao south of Portas do Cerco which was already beyond the limits of the original Portuguese Possession of Macao, and also to grant the developed parts of Ilhas de Coloane as Portuguese settlements. The ownership of territorial waters was to remain vested in China.
The negotiations having proved fruitless were transferred to Lisbon but on the outbreak of the Revolution in Portugal they were suspended. No material progress has been made since.
3 DEGREES TIBET
In November, 1911, the Chinese garrison in Lhassa, in sympathy with the revolutionary cause in China, mutinied against Amban Lien-yu, a Chinese Bannerman, and a few months later the Tibetans, by order of the Dalai Lama, revolted and besieged the Chinese forces in Lhassa till they were starved out and eventually evacuated Tibet. Chinese troops in Kham were also ejected. An expedition was sent from Szechuan and Yunnan to Tibet, but Great Britain protested and caused its withdrawal.
In August, 1912, the British Minister in Peking presented a Memorandum to the Chinese Government outlining the attitude of Great Britain towards the Tibetan question. China was asked to refrain from dispatching a military expedition into Tibet, as the re-establishment of Chinese authority would, it is stated, constitute a violation of the Anglo-Chinese Treaty of 1906. Chinese suzerainty in regard to Tibet was recognized. But Great Britain could not consent to the assertion of Chinese sovereignty over a State enjoying independent treaty relations with her. In conclusion, China was invited to come to an agreement regarding Tibet on the lines indicated in the Memorandum, such agreement to be antecedent to Great Britain's recognition of the Republic. Great Britain also imposed an embargo on the communications between China and Tibet via India.
In deference to the wishes of the British Government, China at once issued orders that the expeditionary force should not proceed beyond Giamda. In her reply she declared that the Chinese Government had no intention of converting Tibet into another province of China and that the preservation of the traditional system of Tibetan government was as much the desire of China as of Great Britain. The dispatch of troops into Tibet was, however, necessary for the fulfilment of the responsibilities attaching to China's treaty obligations with Great Britain, which required her to preserve peace and order throughout that vast territory, but she did not contemplate the idea of stationing an unlimited number of soldiers in Tibet. China considered that the existing treaties defined the status of Tibet with sufficient clearness, and therefore there was no need to negotiate a new treaty. She expressed the regret that the Indian Government had placed an embargo on the communications between China and Tibet via India, as China was at peace with Great Britain and regretted that Great Britain should threaten to withhold recognition of the Republic, such recognition being of mutual advantage to both countries. Finally, the Chinese Government hoped that the British Government would reconsider its attitude.
THE SIMLA CONFERENCE
In May, 1913, the British Minister renewed his suggestion of the previous year that China should come to an agreement on the Tibetan question, and ultimately a Tripartite Conference was opened on October 13, at Simla with Mr. Ivan Chen, Sir Henry McMahon, and Lonchen Shatra as plemipotentiaries representing China, Great Britain, and Tibet, respectively.
The following is the substance of the Tibetan proposals:—
1. Tibet shall be an independent State, repudiating the Anglo- Chinese Convention of 1906.
2. The boundary of Tibet in regard to China includes that portion of Sinkiang south of Kuenlun Range and Altyn Tagh, the whole territory of Chinghai, the western portion of Kansuh and Szechuan, including Tachienlu, and the northwestern portion of Yunnan, including Atuntzu.
3. Great Britain and Tibet to negotiate, independent of China, new trade regulations.
4. No Chinese officials and troops to be stationed in Tibet.
5. China to recognize Dalai Lama as the head of the Buddhist Religion and institutions in Mongolia and China.
6. China to compensate Tibet for forcible exactions of money or property taken from the Tibetan Government.
The Chinese Plenipotentiary made the following counter-proposals:—
1. Tibet forms an integral part of Chinese territory and Chinese rights of every description which have existed in consequence of this integrity shall be respected by Tibet and recognized by Great Britan. China engages not to convert Tibet into a province and Great Britain not to annex Tibet or any portion of it.
2. China to appoint a Resident at Lhassa with an escort of 3,600 soldiers.
3. Tibet undertakes to be guided by China in her foreign and military affairs and not to enter into negotiations with any foreign Power except through the intermediary of China but this engagement does not exclude direct relations between British Trade Agents and Tibetan authorities as provided in the Anglo-Chinese Convention of 1906.
4. Tibet to grant amnesty to those Tibetans known for their pro- Chinese inclinations and to restore to them their property.
5. Clause 5 of Tibetan claims can be discussed.
6. Revision of Trade Regulations of 1893 and 1908, if found necessary, must be made by all the parties concerned.
7. In regard to the limits of Tibet China claims Giamda and all the places east of it.
THE BOUNDARY DEADLOCK
The British plenipotentiary sustained in the main the Tibetan view concerning the limits of Tibet. He suggested the creation of Inner and Outer Tibet by a line drawn along the Kuenlun Range to the 9eth longitude, turning south reaching a point south of the 34th latitude, then in south-easterly direction to Niarong, passing Hokow, Litang, Batang in a western and then southern and southwestern direction to Rima, thus involving the inclusion of Chiamdo in Outer Tibet and the withdrawal of the Chinese garrison stationed there. He proposed that recognition should be accorded to the autonomy of Outer Tibet whilst admitting the right of the Chinese to re-establish such a measure of control in Inner Tibet as would restore and safeguard their historic position there, without in any way infringing the integrity of Tibet as a geographical and political entity. Sir Henry McMahon also submitted to the Conference a draft proposal of the Convention to the plenipotentiaries. After some modification this draft was initialled by the British and Tibetan delegates but the Chinese delegate did not consider himself authorized to do so. Thereupon the British member after making slight concessions in regard to representation in the Chinese Parliament and the boundary in the neighbourhood of Lake Kokonor threatened, in the event of his persisting in his refusal, to eliminate the clause recognizing the suzerainty of China, and ipso facto the privileges appertaining thereto from the draft Convention already initialled by the British and Tibetan plenipotentiaries. In order to save the situation, the Chinese delegate initialled the documents, but on the clear understanding that to initial and to sign were two different things and that to sign he must obtain instructions from his Government.
China, dissatisfied with the suggested division into an Inner and Outer Tibet the boundaries of which would involve the evacuation of those districts actually in Chinese effective occupation and under its administration, though otherwise in accord with the general principles of the draft Convention, declared that the initialled draft was in no way binding upon her and took up the matter with the British Government in London and with its representative in Peking. Protracted negotiations took place thereafter, but, in spite of repeated concessions from the Chinese side in regard to the Chinese side in regard to the boundary question, the British Government would not negotiate on any basis other than the initialled convention. On July 3 an Agreement based on the terms of the draft Convention but providing special safeguards for the interests of Great Britain and Tibet in the event of China continuing to withhold her adherence, was signed between Great Britain and Tibet, not, however, before Mr. Ivan Chen had declared that the Chinese Government would recognize any treaty or similar document that might then or thereafter be signed between Great Britain and Tibet.
CHINA'S STANDPOINT
With the same spirit of compromise and a readiness to meet the wishes of the British Government and even to the extent of making considerable sacrifices in so far as they were compatible with her dignity, China has more than once offered to renew negotiations with the British Government but the latter has up to the present declined to do so. China wants nothing more than the re- establishment of Chinese suzerainty over Tibet, with recognition of the autonomy of the territory immediately under the control of the Lhassa Government; she is agreeable to the British idea of forming an effective buffer territory in so far as it is consistent with equity and justice; she is anxious that her trade interest should be looked after by her trade agents as do the British, a point which is agreeable even to the Tibetans though apparently not to the British; in other words, she expects that Great Britain would at least make with her an arrangement regarding Tibet which should not be any less disadvantageous to her than that made with Russia respecting Outer Mongolia.
Considering that China has claimed and exercised sovereign rights over Tibet, commanded the Tibetan army, supervised Tibetan internal administration, and confirmed the appointments of Tibetan officials, high and low, secular and even ecclesiastical, such expectations are modest enough, surely. At the present moment, with communication via India closed, with no official representative or agent present, with relations unsettled and unregulated, the position of China vis-a-vis Tibet is far from satisfactory and altogether anomalous, while as between China and Great Britain there is always this important question outstanding. An early settlement in a reciprocal spirit of give and take and giving reasonable satisfaction to the legitimate aspirations and claims of all parties is extremely desirable.
4 DEGREES OUTER MONGOLIA
The world is more or less acquainted with the events in Urga in December, 1911, and the proclamation of independence of Outer Mongolia with Jetsun Dampa Hutukhtu as its ruler. By the Russo- Chinese Declaration of November 5, 1913, and the Tripartite Convention of Kiakhta of 1914 China has re-established her suzerainty over Outer Mongolia and obtained the acknowledgement that it forms a part of the Chinese territory. There remains the demarcation of boundary between Inner and Outer Mongolia which will take place shortly, and the outstanding question of the status of Tannu Uriankhai where Russia is lately reported to be subjecting the inhabitants to Russian jurisdiction and expelling Chinese traders.
The Tannu Uriankhai lands, according to the Imperial Institutes of the Tsing Dynasty, were under the control of the Tartar General of Uliasutai, the Sain Noin Aimak, the Jasaktu Khan Aimak and the Jetsun Dampa Hutkhta, and divided into forty-eight somons (tsoling). Geographically, according to the same authority, Tannu Uriankhai is bounded on the north by Russia, east by Tushetu Khan Aimak, west by the various aimks of Kobdo, and south by Jasaktu Khan Aimak. By a Joint Demarcation Commission in 1868 the Russo Chinese boundary in respect to Uriankhai was denmited and eight wooden boundary posts were erected to mark their respective frontiers.
In 1910, however, a Russian officer removed and burnt the boundary post at Chapuchi Yalodapa. The matter was taken up by the then Waiwupu with the Russian Minister. He replied to the effect that the limits of Uriankhai were an unsettled question and the Russian Government would not entertain the Chinese idea of taking independent steps to remark the boundary or to replace the post and expressed dissatisfaction with the work of the Joint Demarcation Commission of 1868, a dissatisfaction which would seem to be somewhat tardily expressed, to say the least. The case was temporarily dropped on account of the secession of Uliasutai from China in the following year.
While Uriankhai forms part of Autonomous Outer Mongolia, yet since Outer Mongolia is under China's suzerainty, and its territory is expressly recognized to form part of that of China, China cannot look on with indifference to any possible cession of territory by Outer Mongolia to Russia. Article 3 of the Kiakhta Agreement, 1915, prohibiting Outer Mongolia from concluding treaties with foreign powers respecting political and territorial question acknowledges China's right to negotiate and make such treaties. It is the firm intention of the Chinese Government to maintain its territorial integrity basing its case on historical records, on treaty rights and finally on the principle of nationality. It is notorious that the Mongols will be extremely unwilling to see Uriankhai incorporated into the Russian Empire. While Russia is spending countless lives and incalculable treasure in fighting for the sacred principle of nationality in Europe, we cannot believe
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