NUMBER 1902/1.

RUSSIA (Chinese Eastern Railway Company) AND CHINA (Provincial Government of Heilungkiang).

Agreement regarding Jurisdiction over Chinese Subjects in the Railway Zone.*-January 1/14, 1902.

In view of the fact that the conditions of the old agreement for the Principal Heilungkiang Bureau in Fulierdi for conducting the affairs of the province in relation to the Chinese Eastern Railway, concluded between His Excellency En, former Chiang-Chun of Heilungkiang, and Messrs. Yugovitch, Engineerin-Chief, and Ignatius, his assistant, signed November 20/December 2, 1899, and according to the Chinese calendar the 1st day of the 9th month of the 25th year of Kuang Hsü, are not in harmony with the present state of affairs, His Excellency Sah, acting Chiang-Chun of Heilungkiang, appointed on September 28/November 11, 1901, the Expectant Taotai of Hunan Province, Mr. Djoumyan, his authorized representative for negotiations with the Engineer-inChief, Mr. Yugovitch, his Assistant, Mr. Ignatius, and his representative, Mr. Daniel, regarding necessary additions to and changes in the said agreement. They have arrived at an agreement upon the following articles:

ARTICLE 1.-The Principal Heilungkiang Bureau for the conduct of affairs in relations between the Province and the Chinese Eastern Railway, shall be established in the immediate neighborhood of the Central Station. It is necessary to appoint officials to the Principal Bureau, each of whom shall perform his special functions and shall live mainly in Harbin, and for all important sections special officials who shall be subject to the orders of the Principal Bureau.

ARTICLE 2.-The purpose of the founding of this Bureau is the examination and final decision of all cases arising in Heilungkiang Province which directly or indirectly touch the interests of the Chinese Eastern Railway Company, of interpreters, servants, artisans and ordinary laborers in the railway service, persons supplying materials, contractors for work of various kinds, and finally of all Chinese residing in the territory of the railway. In cases of important violation of Chinese laws, or of the provisions of the present agreement, as for example in cases of murder, robbery, resistance to authorities, illegal assembly, adultery, concealment of criminals, arson, usury, freeing of criminals, larceny, or the theft of money exceeding three hundred tiao, regardless of how far the place, where the offense was committed, may be from the Principal Bureau, all such cases shall be examined and finally decided by the Principal

* Translation from the Russian version printed in Soglashenia, p. 29.

In connection with this Agreement see also the similar Agreement of July 5/18, 1901, with the Provincial Authorities of Kirin (No. 1901/2, ante).

The agreement of November 20/December 2, 1899, which the present agreement supplements and amends, is printed (in Russian version) in Soglashenia, p. 26. It is of the same tenor as the agreement of May 19/31, 1899, printed in a footnote to the Kirin Agreement cited above, with the substitution of Tsitsihar (Heilungkiang) for Kirin, and (in §§ 9, 10 and 11) somewhat different financial provisions, among them one for 40,000 Tsitsihar taels, instead of 60,000 Kirin taels, for expenses of maintenance.

Bureau. In the above-mentioned cases, or in any other important and urgent question arising on any section of the railway, the special official of the local branch of the Bureau, and the district engineer shall immediately make a report each to his own central office. All unimportant and ordinary affairs, however, which do not constitute such a serious infringement of the Chinese laws or of the present agreement, may be investigated and settled on the spot by the special official of the branch of the Bureau by agreement with the district engineer; if the two sides on account of difference of opinion cannot arrive at a decision, each of them shall immediately report to this effect to his central office by letter or by telegram, and shall request instructions or suggestions for the settlement of the

case.

In case of matters arising in the territory of Heilungkiang Province directly or indirectly affecting the interests of the Chinese Eastern Railway Company, all persons, whether Chinese, Manchus or Mongols, are required to submit to the provisions of this agreement.

ARTICLE 3.-All cases coming within the definition in Article 2, the examination of which has already been begun but has not been completed by different yamens or officials, must as soon as possible be turned over with all the documents to the Principal Bureau, which shall determine by agreement with the Engineer-in-Chief of the Chinese Eastern Railway the manner in which the case is to be conducted.

ARTICLE 4.-In the future all questions arising in connection with complaints and petitions coming before different yamens or officials and falling within the definition in Article 2, must be turned over to the Principal Bureau for proper settlement. All yamens or bureaus having any official business requiring official relations with the railway company are required to report regarding it to the Principal Bureau, in order that it may communicate it to the company. There is no need for them to send their communications directly to the company, in order that confusion may be avoided, and in order that unity of policy may be maintained.

ARTICLE 5. Since each question connected with claims and petitions falling within the definition in paragraph 2 must be examined or investigated by the President of the Principal Bureau, in conjunction with the Engineer-in-Chief or his representative, the decision also shall be arrived at in the same manner.

ARTICLE 6.-In cases in which there have been committed by Chinese subjects the crimes mentioned in paragraph 2, as soon as the Principal Bureau has legally imposed a penalty for the same, the said penalty shall be carried into execution either by the Principal Bureau itself or by the authority of that locality where the crime was committed, and to which the Bureau shall deliver the criminals. This question shall be settled according to the circumstances by the Principal Bureau itself. A jail must be built in the Principal Bureau for the imprisonment of Chinese criminals.

ARTICLE 7.-In cases of offenses of great importance committed by Chinese and subject to more severe punishment than banishment, or in case of difference of opinion between the President of the Principal Bureau and the Engineer-in-Chief, their decision shall be undertaken by the Chiang-Chun in

accordance with the reports of the President and the communications of the Engineer-in-Chief. Other affairs more or less important shall be examined and finally settled by the President of the Bureau in conjunction with the Engineerin-Chief or his representative; the former shall from time to time impose sentence in these cases, and shall forward reports regarding them monthly to the ChiangChun, who shall preserve them in his archives.

ARTICLE 8.-Officials and soldiers of the Principal Bureau and its branches shall be appointed by the Chiang-Chun. But the President and Vice-President occupying most important offices, must be worthily selected, and in case of their appointment or removal, it is necessary that the Chiang-Chun should previously take deliberate steps in conjunction with the Engineer-in-Chief, and should suggest to him for appointment officials whose intelligence, capability and acquaintance with railway affairs, is known to both parties. After the choice has been made, it is necessary to request the Chiang-Chun to confirm them.

Besides the President and the Vice-President, who shall reside at the Principal Bureau, there shall be appointed another Vice-President in the branch bureau at Fulierdi. The choice of the other officials of the Principal Bureau and its branches, who are to carry heavy and important responsibilities, shall be made by the President of the Principal Bureau from among upright, just, honest and intelligent men, who have ability in affairs of mutual relations. Having come to a decision with the general consent of the Engineer-in-Chief, he shall petition the Chiang-Chun to issue to each of them a document certifying this appointment.

ARTICLE 9. To meet all necessary expenses of the President, Vice-President, officials and soldiers of the Principal Bureau and its branches, the Engineer-inChief shall annually pay to the President of the Bureau Tsitsihar taels 40,000. Payment shall be made four times a year, beginning with January 1, 1902 (the 5th day of the 12th month of the 27th year of Kuang Hsü), at the beginning of each three months.

ARTICLE 10.-Besides the sum above mentioned, the President with the consent of the Engineer-in-Chief has fixed a second sum of Tsitsihar taels 8,000 for the construction of the buildings of the Principal Bureau and quarters for the officials, employees and soldiers, and a third sum of Tsitsihar taels 2,000 for the purchase of furniture and utensils necessary for the Principal Bureau and its branches; the houses and apartments for the branches of the Bureau shall be prepared by the railway with a sufficient number of rooms for the needs of the employees and soldiers.

ARTICLE 11.-All protocols or documents for lots of land leased for the requirements of the railway must, in accordance with paragraph 6 of the railway agreement signed on the 20th day of the 7th month of the 22nd year of Kuang Hsü, 16/28 of August, 1896, be presented to the Principal Heilungkiang Bureau for verification and affixing of the seal. This rule shall be general for all lots of land, Manchu, Mongol and Chinese, without distinction, whether they are owned by communities, by the Government or by private individuals.

ARTICLE 12.-The present agreement is made in duplicate, and has been drawn up in three languages: Chinese, Russian and French. It shall be sent to

His Excellency Sah, acting Chiang-Chun of Heilungkiang, for signature after it has been signed by Taotai Djoumyan, fully authorized President† appointed by His Excellency Chiang-Chun Sah, by Mr. Yugovitch, Engineer-in-Chief of the Chinese Eastern Railway, by Mr. Ignatius, his assistant, and Mr. Daniel, his representative. After this, His Excellency the acting Chiang-Chun and the Engineer-in-Chief shall each retain one copy of the present agreement. In case of dispute, we shall take as a basis the French version. The French text is a true rendering of the Chinese text.

Signed the 5th day of the 12th month of the 27th year of Kuang Hsü, (January 1, 1902, Russian style.)

NUMBER 1902/2.

GREAT BRITAIN AND JAPAN.

Agreement relative to China and Corea.*-January 30, 1902.

The Governments of Great Britain and Japan, actuated solely by a desire to maintain the status quo and general peace in the Extreme East, being moreover specially interested in maintaining the independence and territorial integrity of the Empire of China and the Empire of Corea, and in securing equal opportunities in those countries for the commerce and industry of all nations, hereby agree as follows:

ARTICLE I.—The High Contracting Parties having mutually recognized the independence of China and of Corea, declare themselves to be entirely uninfluenced by any aggressive tendencies in either country. Having in view, however, their special interests, of which those of Great Britain relate principally to China, while Japan, in addition to the interests which she possesses in China, is interested in a peculiar degree politically as well as commercially and industrially in Corea, the High Contracting Parties recognize that it will be admissible for either of them to take such measures as may be indispensable in order to safeguard those interests if threatened either by the aggressive action of any other Power, or by disturbances arising in China or Corea, and necessitating the intervention of either of the High Contracting Parties for the protection of the lives and property of its subjects.

ARTICLE II-If either Great Britain or Japan, in the defence of their respective interests as above described, should become involved in war with another Power, the other High Contracting Party will maintain a strict neutrality, and use its efforts to prevent other Powers from joining in hostilities against its ally.

ARTICLE III.-If, in the above event, any other Power or Powers should *Text as printed in the British Treaty Series, No. 3 (1902). Printed also in Rockhill, p. 97; Hertslet, p. 597. See Note to this document, post, p. 325.

Sic. Probably the word "representative" was intended.-EDITOR.

join in hostilities against that ally, the other High Contracting Party will come to its assistance, and will conduct the war in common, and make peace in mutual agreement with it.

ARTICLE IV.-The High Contracting Parties agree that neither of them will, without consulting the other, enter into separate arrangements with another Power to the prejudice of the interests above described.

ARTICLE V.-Whenever, in the opinion of either Great Britain or Japan, the above-mentioned interests are in jeopardy, the two Governments will communicate with one another fully and frankly.

ARTICLE VI. The present Agreement shall come into effect immediately after the date of its signature, and remain in force for five years from that date. In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said five years the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have denounced it. But if, when the date fixed for its expiration arrives, either ally is actually engaged in war, the alliance shall, ipso facto, continue until peace is concluded.

In faith whereof the Undersigned, duly authorized by their respective Governments, have signed this Agreement and have affixed thereto their seals. Done in duplicate at London, the 30th day of January, 1902.

This agreement was replaced by that of August 12, 1905 (No. 1905/6, post), which was in turn replaced by that of July 13, 1911 (No. 1911/7, post).

In connection with this agreement, see the Franco-Russian declaration of March 3/16, 1902 (China, No. 2 (1904), p. 37; Recueil, p. 527; Hertslet, p. 598) of which the translation, as printed in Rockhill, 203, is as follows:

Franco-Russian Declaration regarding the Anglo-Japanese Alliance.-March 16, 1902.

'The allied Governments of Russia and France have received a copy of the AngloJapanese Agreement of the 30th January 1902, concluded with the object of maintaining the status quo and the general peace in the Far East, and preserving the independence of China and Korea, which are to remain open to the commerce and industry of all nations, and have been fully satisfied to find therein affirmed the fundamental principles which they have themselves, on several occasions, declared to form the basis of their policy, and which still remain so.

"The two Governments consider that the observance of these principles is at the same time a guarantee of their special interests in the Far East. Nevertheless, being obliged themselves also to take into consideration the case in which either the aggressive action of third Powers, or the recurrence of disturbances in China, jeopardizing the integrity and free