網頁圖片
PDF
ePub 版

ART. XI.1 Within one month after the conclusion of this Agreement, the Governor of Fengtien and the Japanese Consul-General at Fengtien shall each appoint a delegate to draw up detailed regulations for the management of the Company, which, when agreed upon, shall become the regulations of the Company; and within three months thereafter the Company shall commence business. For new rules subsequently enacted by the Company the Superintendent's approval will be necessary.

ART. XII. As to the duties payable by the Company on timber when the discussion of the detailed regulations takes place at Fengtien (Moukden), the delegates of the two countries shall inquire into the established rates of timber taxes and shall negotiate with the local authorities with a view to a reduction of such taxes. The machinery and the implements necessary for wood-cutting imported by the Company shall be exempted from duty and likin.

ART. XIII. After the inauguration of the Company the Japanese Government shall effect the removal of the timber sheds now in existence on the Yalu.

Peking:

15th day, 4th moon, 34th year of Kuang Hsü:
14th day, 5th moon, 41st year of Meiji.

No. 23

JAPAN AND CHINA

Supplementary agreement for a loan for the Hsinmint'un-Mukden and Kirin-Ch'angch'un railways.-November 12, 1908

According to Article 4 of the Hsin-Feng (i.e., Hsinmin-Mukden) and Chi-Ch'ang (ie., Kirin-Changchun) Railway agreement between the two Governments of Japan and China, dated Meiji, 40th year, 4th month, 15th

1 See the regulations for the Sino-Japanese Yalu Timber Company agreed upon September 11, 1908, in pursuance of the provisions of this article, MACMURRAY, vol. 1, p. 733.

2 Translation from the Chinese text, as printed in For. Rel., 1908, p. 207. Printed also (in Chinese and Japanese texts) in WANG, p. 149, and (in translation) in F. E. Review, vol. 11, p. 391, and MACMURRAY, vol. 1, p. 767.

In connection with this supplementary agreement see also the convention regarding the Hsinmin-Mukden and Kirin-Ch'angch'un railways, April 15, 1907 (No. 15, ante); agreement for the handing over of the Hsinmin-Mukden Railway, May 27, 1907 (No. 16, ante); detailed agreements concerning the Hsinmin-Mukden and Kirin-Ch'angch'un railway loans, August 18, 1909 (Nos. 24 and 25, post); also, with particular reference to the Kirin-Ch'angch'un Railway, see Article 6 of the agreement relating to Chientao, September 4, 1909 (No. 28, post), and Article 7 of the Sino-Japanese treaty respecting South Manchuria and Eastern Inner Mongolia, May 25, 1915 (No. 35, post).

day/Kuangshü 33rd year, 3rd month, 3rd day (April 15, 1907), it was agreed that, before settling the loan contract for the said railways, the two Governments should draw up a supplementary agreement regarding matters not settled in the original agreement.

Now the two officials designated below have concluded the following agreement:

ARTICLE I. It is agreed by Articles 1 and 2 of the Hsin-Fang and Chi-Ch'ang Railway agreement between the Governments of Japan and China (hereafter to be called the "Agreement") that half of the capital needed for that portion of the Ching-Feng (i. e., Peking-Mukden) Railway lying east of the Liao River amounting to Yen 320,000, and half of the capital needed for the Chi-Ch'ang Railway amounting to Yen 2,150,000 should be borrowed from the South Manchuria Railway Company.

ART. II. The interest on this loan shall be at the rate of five per cent per annum.

ART. III. The actual rate at which the loan shall be realized shall be 93 for every 100 as agreed upon in Article 6 of the "Agreement."

ART. IV. It is stipulated in Article 3 of the "Agreement" that during the term of the loan, the Chinese Government shall employ a Japanese engineer-in-chief for that portion of the Ching-Feng Railway which lies east of the Liao River. For the present the Japanese engineers now in the employ of the Ching-Feng Railway may continue to act and as at present will continue to be under the control of the director and engineer-in-chief of the Ching-Feng Railway. If, in future, changes are made in the engineering staff, as provided in the "Agreement," application shall be made to the South Manchuria Railway which will make appointments after full consultation. The status of these engineers shall be as stated above.

ART. V. Since it is difficult for the Chinese Government to keep separate accounts for that portion of the Ching-Feng Railway which lies. east of the Liao River, the Japanese Government consents that no Japanese accountants shall be specially appointed, and the Japanese Government consents that the Chinese Government shall set aside monthly a sum calculated to be sufficient for the monthly payment of capital and interest on the amount of the loan for the said section of railway. This sum shall be deposited on the first day of every month in some Japanese Bank in China, designated by the South Manchuria Railway Company. This deposit shall be regarded as a sinking fund for the redemption of the capital and interest of the loan when due. The manner of making the payments of the capital and interest of the loan when due, and the interest which shall be allowed by the bank on the sums deposited shall be decided when the detailed loan contract is drawn up. The Chinese Government also consents that the monthly balance sheets for the whole Ching-Feng Railway Line and the

annual exact statement of accounts in English shall be sent monthly and annually to the South Manchuria Railway Company for inspection.

ART. VI. The engineer-in-chief and the accountants of the ChiCh'ang Railway should all be Japanese as provided in Article 3 of the "Agreement." The method of appointment shall be as follows: The Chinese Government will select a well trained and capable engineer-in-chief and appoint him, after full consultation with the South Manchuria Railway Company. The accountants shall be selected by the South Manchuria Railway Company, and after consultation with the Chinese Government the Chinese Government shall appoint them. If in future it shall be necessary to change the engineer-in-chief or accountants, there must be consultation. with the South Manchuria Railway Company according to the "Agreement," and the appointments must be made as arranged above.

ART. VII. The special loan contract must conform to the stipulations of the "Agreement" and of this "Supplementary Agreement." It will be drawn up between the South Manchuria Railway Company and an official appointed by the Board of Posts and Communications.

This supplementary agreement will be in force when ratified by the two Governments.

No. 24

JAPAN (South Manchuria Railway Company) AND CHINA Detailed agreement for the Hsinmint'un-Mukden Railway loan.'_ August 18, 1909

The deputy, named below, of the Chinese Board of Posts and Communications (hereinafter called the Board of Posts and Communications) and the deputy, named below, of the South Manchuria Railway Joint Stock Company (hereinafter called the Company), acting in accordance with the Hsinmintun-Mukden and Kirin-Changchun Railway agreements between the Chinese and Japanese Governments of the 33rd year of Kuanghsü, 3rd moon, 3rd day, or the 40th year of Meiji, 4th month, 15th day (April 15, 1907), and also in accordance with the supplementary agreement of the 34th year of Kuanghsü, 10th moon, 19th day, or the 41st year of Meiji, 11th month, 12th day (November 12, 1908) (hereinafter called the Supplementary Agreement), have drawn up the following agreement providing for

1 MACMURRAY, vol. 1, p. 782, translation from the Chinese text as printed in WANG, p. 137.

In connection with this agreement see also the convention regarding the Hsinmin-Mukden and Kirin-Changchun railways, April 15, 1907 (No. 15, ante); the agreement for the handing over by Japan of the Hsinmin-Mukden Railway, May 27, 1907 (No. 16, ante); the supplementary agreement for a loan for the Hsinmin-Mukden and Kirin-Ch'angch'un railways, November 12, 1908 (No. 23, ante).

a loan for that part of the Hsinmint-un-Mukden Railway lying east of the Liao River.

ARTICLE 1.—In accordance with Article 1 of the Supplementary Agreement, the Company agrees to make a loan of half the amount required for the construction of that part of the Hsinmint'un-Mukden Railway lying east of the Liao River, namely yen 320,000, Japanese currency, at a discount of 93, to be handed over at Tokyo to the Chinese Minister to Japan, the Chinese Minister there to hand over to the Company a certificate as per Form A attached to this agreement.

ART. 2. After this agreement has been drawn up, within one month after a note is addressed thereon to the Japanese Minister at Peking, the loan fixed as above will be paid in full in one instalment on the date fixed by the Chinese Government. The date for the receiving of the loan by the Chinese Government will be notified to the Company ten days before the loan is paid.

ART. 3. The loan will be for a term of eighteen years, and will be repaid in thirty-six equal instalments, beginning from the date when the loan is paid to China, every half year (Gregorian Calendar), in accordance with the attached amortization table. Interest on that part of the capital which is repaid will cease on the date of payment.

ART. 4. Interest will be reckoned from the date of the payment of the loan to China, and will be payable once every half year (Gregorian Calendar) in accordance with the attached table.

ART. 5. The Director General of the Peking-Mukden Line will turn over the capital and interest, as payment thereof falls due, to the Company at Dairen or Tokyo, as convenient to the Chinese Government. The Company will then deliver to the Director General of the Peking-Mukden Line certificates as per Forms B and C attached to this agreement, in accordance with the amount of capital and interest paid, as per the attached amortization and interest tables.

ART. 6. In accordance with Article 5 of the Supplementary Agreement, the capital and interest due annually will be reduced to Hang P'ing Hua Pao Taels due each month, and deposited at the Tientsin branch of the Yokohama Specie Bank.

Interest on the deposits referred to in the preceding paragraph will be paid to the Peking-Mukden Line by the Tientsin branch of the said bank in accordance with the current advertised rate of interest.

The matters referred to in the preceding two paragraphs will be carried on during the life of the said bank.

If the life of the said bank, should expire and should be extended, the same procedure will continue to be followed.

If the life of the said bank should not be extended, the Company will then indicate another bank, and the same procedure will be continued.

ART. 7. All matters in this agreement pertaining to the payment of capital and interest, which may not have been clearly stated, may be discussed and settled by the Chinese Railway Administration (hereinafter called the Administration) and the Company, as occasion therefor arises.

ART. 8. This agreement must be approved by the Governments of the two nations, after which it will be put into effect.

ART. 9. After the agreement has been signed and sealed, the Director General of the Administration will refer it by memorial to the Throne, and the edict of the Throne will be communicated by a note from the Chinese Board of Foreign Affairs to the Japanese Minister at Peking.

ART. 10. This agreement will become invalid after the principal and interest have been paid in full.

ART. 11. The original copies of this agreement will be drawn up in quadruplicate, in Chinese and Japanese, and one copy be given to each of the following: the Chinese Board of Foreign Affairs, the Administration, the Japanese Minister at Peking, and the Company.

ART. 12. Should there be a disagreement in regard to the interpretation of the terms of this agreement, the Administration and the Company will each choose a person from outside as arbitrator. If the arbitrators can not come to a decision, they will then both choose a person from outside to be chief arbitrator. If the two arbitrators can not agree in their choice, then each will choose one person, one of whom will be confirmed by lot. Among these men the decision of the majority will rule, and each side must abide thereby without further question.

The 1st year of Hsüan T'ung, 7th moon, 3rd day:
The 42nd year of Meiji, 8th month, 18th day:

(August 18, 1909.)

(Signed and sealed)

LU TSU-HUA,

Expectant Prefect, Wearer of the Peacock Feather,
Deputy of the Board of Posts and Communications.

(Signed and sealed)

The Director-General of the South Manchuria
Railway Joint Stock Company.

Attached herewith:1

Certificate Forms A, B, and C;
Interest and Amortization Tables.

1 Not printed.

« 上一頁繼續 »