JAPON, CHINE
Traité pour le règlement des questions en suspens relatives au Shantoung; signé à Washington, le 4 février 1922.*)
League of Nations. Treaty Séries X, p. 310.
Japan and China, being equally animated by a sincère désire to settle amicably and in accordance with their common interest outstanding questions relative to Shantung, bave resolved to conclude a Treaty for the seulement of such questions, and bave to tbat end named as their Plenipotentiaries, tbat is to say:
His Majesty the Emperor of Japan:
Baron Tomosaburo Kato, Minister of the Navy;
Baron Kijuro Shidehara, Ambassador Extraordinary and Pie-
nipotentiary ; and Masanao Hanihara, Vice-Minister for Foreign Affairs; His Excellency the Président of the Chinese Republic:
Sao-Ke Alfred Sze, Envoy Extraordinary and Minister Ple-
nipotentiary; Vikyuin Wellington Koo, Envoy Extraordinary and Minister
Plenipotentiary; and Chung-Hui Wang, Former Minister of Justice; Who, having communicated to each other their respective full powers, found to be in good and due form, hâve agreed upon the following Articles:
Section I.
Restoration of the former Germon Leased Territory of Kiaochow.
Article L Japan shall restore to China the former German Leased Territory of Kiaochow.
Article 2.
The Government of Japan and the Government of the Chinese Republic shall each appoint three Commissioners to form a Joint Commission, with powers to make and carry out detailed arrangements relating to the transfer of the administration of the former German Leased Territory of Kiaochow and to the transfer of public propertied in the said Territory and to settle other matters likewise requiring adjustment.
For such purposes, the Joint Commission shall meet immediately upon the coming into force of the présent Treaty.
*) Les ratifications ont été échangées à Péking, le 2 juin 1922
Shantoung. 187
Article 3.
The traDsfer of the administration of the former German Leased Territory of Kiaochow and the transfer of public properties in the said Territory, as well as the adjustment of other matters under the preceding Article, shall be completed as soon as possible, and, in any case, not later than six months from the date of the coming into force of the présent Treaty.
The Government of Japan undertakes to hand over to the Government of the Chinese Republic, upon the transfer to China of the administration of the former German Leased Territory of Kiaochow, such archives, registers, plans, title-deeds and other documents in the possession of Japan, or certified copies thereof, as may be necessary for the transfer of the administration, as well as those that may be useful for the subséquent administration by China of the said Territory and of the Fifty kilomètre Zone around Kiaochow Bay.
Section II.
Transfer of public properties.
Article 5.
The Government of Japan undertakes to transfer to the Government of the Chinese Republic ail public properties, including land, buildings, works or establishments in the former German Leased Territory of Kiaochow, whether formerly possessed by the German authorities or purchased or constructed by the Japanese authorities during the period of the Japanese administration of the said Territory, except those indicated in Article 7 of the présent Treaty.
Article 6.
In the transfer of public properties under the preceding Article, no compensation will be claimed from the Government of the Chinese Repubîic: Provided, however, that for those purchased or constructed by the Japanese authorities, and also for the improvements on or additions to those formerly possessed by the German authorities, the Government of the Chinese Republic shall refund a fair and équitable proportion of the expenses actually incurred by the Government of Japan, having regard to the prinnple of dépréciation and continuing value.
Article 7.
Such public properties in the former German Leased Territory of Kiaochow as are required for the Japanese Consulate to be established in Tsingtao shall be retained by the Government of Japan, and those required more especially for the benefit of the Japanese community, including public schools, shrines and cemeteries, shall be left in the hands of the said community.
188 Japon, Chine.
Article 8.
Détails of the matters referred to in the preceding three Articles shall be arraoged by the Joint Commission provided for in Article 2 of the présent Treaty.
Section III.
Withdraicah of Japanese troops.
Article 9.
The Japanese troops, including gendarmes, now stationed along the Tsingtao-Tsinanfu Railway and its branches, shall be withdrawn as soon as the Chinese police or military force shall hâve been sent to take over the protection of the Railway.
Article 10.
The disposition of the Chinese police or military force and the withdrawal of the Japanese troops under the preceding Article may be effected in sections.
The date of the completion of such process for each section shall be arranged in advance between the compétent authorities of Japan and China.
The entire withdrawal of such Japanese troops shall be effected within three months, if possible, and, ic any case, not later than six months, from the date of the signature of the présent Treaty.
Article 11.
The Japanese garrison at Tsingtao shall be completely withdrawn simultaneously, if possible, with the transfer to China of the administration of the former German Leased Territory of Kiaochow, and, in any case, not later than thirty days from the date of such transfer.
Section IV.
Maritime Customs at Tsingtao.
Article 12.
The Custom House of Tsingtao shall be made an intégral part of the
Chinese Maritime Customs upon the coming into force of the présent Treaty.
Article 13.
The Provisional Agreement of August 6, 1915, between Japan and China, relating to the reopening of the Office of the Chinese Maritime Customs at Tsingtao*) shall cease to be effective upon the coming into force of the présent Treaty.
Section V.
Tsingtao-Tsinanfu Railway.
Article 14.
Japan shall transfer to China the Tsingtao-Tsinanfu Railway and its
branches, together with ail otber properties appurtenant thereto, including
wharves, warehouses and other similar properties.
m) V. ci-dessus No. 2, p. 60.
Shantoung. 189
Article 15.
China undertakes to reimburse to Japan tbe actual value of ail tbe Railway properties mentioned in the preceding Article.
Tbe actual value to be so reimbursed sball consist of the sum of fifty-three million four hundred and six thousand one bundred and fortyonc (53, 406, 141) gold marks (wbicb is tbe assessed value of such portion of tbe said properties as was left bebind by the Germans), or its équivalent, plus the amount wbicb Japan, during ber administration of tbe Railway, bas actually expended for permanent improvements on or additions to tbe said properties, less a suitable allowance for dépréciation.
It is understood tbat no charge will be made witb respect to the wharves, warehouses and otber similar properties mentioned in the preceding Article, except for such permanent improvements on or additions to them as may bave been made by Japan, during ber administration of tbe Railway, less a suitable allowance for dépréciation.
Article 16.
The Government of Japan and the Government of the Chinese Republic sball each appoint three Commissioners to form a Joint Railway Commission, witb powers to appraise the actual value of the Railway properties on the basis defined in tbe preceding Article, and to arrange tbe transfer of the said properties.
The transfer of ail the Railway properties under Article 14 of the présent Treaty shall be completed as soon as possible, and, in any case, not later than nine months from tbe date of the coming into force of the présent Treaty.
Article 18.
To efifect the reimbursement under Article 1 5 of the présent Treaty, China shall deliver to Japan simultaneously with the completion of the transfer of tbe Railway properties, Chinese Government Treasury Notes, secured on the properties and revenues of tbe Railway, and running for a period of fifteen years, but redeemable, whether in wbole or in part, at tbe option of China, at the end of five years from the date of tbe delivery of tbe said Treasury Notes, or at any time thereafter upon six months' previous notice.
Article 19.
Pending tbe rédemption of the said Treasury Notes under the preceding Article, the Government of the Chinese Republic will sélect and appoint, for so long a period as any part of the said Treasury Notes shall remain unredeemed, a Japanese subject to be Traffic Manager, and another Japanese subject to be Cbief Accountant jointly with the Cbinese Cbief Accountant and with co-ordinate functions.
Thèse officiais shall ail be under the direction, control and supervision of the Chinese Managing Director, and removable for cause.
190 Tapony Chine.
Article 20.
Financial détails of a technical character relating to the said Treasury Notes, not provided for in this Section, shall be determined in comuaon accord between the uapanese and Chinese authorities as soon as possible, and, in any case, not later than six nionths from the date of the coming into force of the présent Treaty.
Section VI.
Extensions of the Tsingtao-Tsinanfu Railway.
The concessions relating to the two extensions of the Tsingtao-Tsinanfu
Railway, namely, the Tsinanfu-Shunteh and the Kaomi-Hsuchowfu lines,
shall be made open to the common activity of an international financial
grbup, on terms to be arranged between the Government of the Chinese
Republic and the said group.
Section VII.
Mines.
Article 22.
The mines of Tsechwan, Fangtze and Chinlingchen, for which the mining rights were formerly granted by China to Germany, shall be handed over to a company to be formed under a spécial charter of the Government of the Chinese Republic, in which the amount of Japanese capital shall not exceed that of Chinese capital.
The mode and terms of such arrangement shall be determined by the Joint Commission provided for in Article 2 of the présent Treaty.
Section VIII.
Opening of the former German Leased Territory of Kiaochow.
Article 23.
The Government of Japan déclares that it will not seek the establishment of an exclusive Japanese seulement, or of an international seulement, in the former German Leased Territory of Kiaochow.
The Government of the Chinese Republic, on its part, déclares that the entire area of the former German Leased Territory of Kiaochow will be opened to foreign trade, and that foreign nationals will be permitfced freely to réside and to carry on commerce, industry, and other lawful pursuits within such area.
Article 24.
The Government of the Chinese Republic further déclares that vested rights lawfully and equitably acquired by foreign nationals in the former German Leased Territory of Kiaochow, whether under the German régime or during the period of the Japanese administration, will be respected.
Shantoung. 191
Ali questions relating to the status or validity of such vested rights acquired by Japane.se subjects or Japanese companies shall be adjusted by the Joint Commission provided for in Article 2 ai the présent Treaty.
Section IX.
Sait industry.
Article 25.
Wherea8 the sait indrustry is a Government monopoly in China, it is agreed that the interests of Japanese subjects or Japaoese companies actually engaged in the said industry along the coast of Kiaochow Bay shall be purchased by the Government of the Chinese Repubîic for fair compensation, and that the exportation to Japan of a quantity of sait produced by such industry along the said coast is to be permitted on reasonable terms. Arrangements for the above purposes, including the transfer of the said interests to the Government of the Chinese Republic, shall be made by the Joint Commission provided for in Article 2 of the présent Treaty. They shall be completed as soon as possible, and, in any case, not later than six months from the date of the coming into force of the présent Treaty.
Section X.
Submarine cables.
Article 26.
The Government of Japan déclares that ail the rights, title and privilèges
concerning the former German submarine cables between Tsingtao and
Chefoo and between Tsingtao and Shanghai are vested in China, with the
exception of those portions of the said two cables which hâve been utilized
by the Government of Japan for tbe laying of a cable between Tsingtao
and Sasebo; it being understood that the question relating to the landing
and opération at Tsingtao of the said Tsingtao- Sasebo cable shall be adjusted
by the Joint Commission provided for in Article 2 of the présent Treaty,
subject to the terms of the existing contracts to which China is a party.
Section XI.
Wireless stations.
Article 27.
The Government of Japan undertakes to transfer to the Government
of the Chinese Republic the Japanese wireless stations at Tsingtao and
Tsinaufu, for fair compensation for the value of thèse stations, upon the
withdrawal of the Japanese troops at the said two places respectively.
Détails of such transfer and compensation shall be arranged by the Joint Commission provided for in Article 2 of the présent Treaty.
Article 28.
The présent Treaty (including the Annex thereto) shall be ratified, and the ratifications thereof shall be exchanged at Peking as soon as possible and not later than four months from the date of its signature.
192 Japon, Chine.
It shall corne into force frora the date of the exchange of ratifications.
In vvitness whereof, the respective Plénipotentiaires hâve signed the présent Treaty in duplicate, in the English language, and hâve affixed thereto their seals.
Done at the City of Washington this fourth day of February, One Thousand Nine Hundred and Twenty-two.
(L. S.) Scto-Ke Alfred Sie.
T. Kato.
K. Shidehara.
J/. Hanihara.
(L. S.) F. K. Wellington Koo.
(L. S.) Chung-Hui Wang.
Annex.
