No. 4.
JAPAN.

CONVENTION BETWEEN JAPAN AND CHINA FOR THE RETROCESSION BY JAPAN TO CHINA OF THE SOUTHERN PORTION OF THE PROVINCE OF FENG-TIEN.a

SIGNED AT PEKING, NOVEMBER 8, 1895.

RATIFICATIONS EXCHANGED AT PEKING, NOVEMBER 29, 1895.

Territory retroceded.

ARTICLE I. Japan retrocedes to China in perpetuity and full sovereignty the southern portion of the Province of Feng Tien, which was ceded to Japan under Article II of the Treaty of Shimonoseki of the 17th day of the 4th month of the 28th year of Meiji, corresponding to the 23rd day of the 3d month of the 21st year of Kuang Hsü, together with all fortifications, arsenals and public property thereon at the time the retroceded territory is completely evacuted by the Japanese forces in accordance with the provisions of Article III of this Convention, that is to say, the southern portion of the Province of Feng Tien from the mouth of the River Yalu to the mouth of the River An-ping, thence to Feng Huang Ch'êng, thence to Haicheng, and thence to Ying-Kow; also all cities and towns to the south of this boundary and all islands taining or belonging to the Province of Feng Tien situated in the eastern portion of the Bay of Liao-Tung and in the northern part of the Yellow Sea. Article III of the said Treaty of Shimonoseki is in consequence suppressed, as are also the provisions in the same Treaty with reference to the conclusion of a Convention to regulate frontier intercourse and trade.

Compensation in lieu of territory.

apper

II. As compensation for the retrocession of the southern portion of the Province of Feng Tien, the Chinese Government engage to pay to the Japanese Government 30,000,000 Kuping taels on or before the 16th day of the 11th month of the 28th year of Meiji, corresponding to the 30th day of the 9th month of the 21st year of Kuang Hsü.

III. Within three months from the day on which China shall have paid to Japan the compensatory indemnity of of pay- 30,000,000 Kuping taels provided for in Article II of this Convention, the retroceded territory shall be com

Mode ment.

pletely evacuated by the Japanese forces.

IV. China engages not to punish in any manner nor to allow to be punished those Chinese subjects who have in any manner been compromised in connection with the occupation by the Japanese forces of the retroceded territory.

Immunity to inhabitants.

a British and Foreign State Papers, Vol. LXXXVII, p. 1195.

thoritative.

V. The present Convention is signed in duplicate, in the Japanese, Chinese, and English languages. All these texts have English text au- the same meaning and intention, but in case of any differences of interpretation between the Japanese and Chinese texts, such differences shall be decided by reference to the English text.

VI. The present Convention shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the ratifications thereof shall be exchanged at Peking within twenty-one days from the present date.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsü.

[L. s.] [L. S.]

HAYASHI TADASU.
LI HUNG-CHANG.

PROTOCOL.

In view of the insufficiency of time to effect a formal exchange of the ratifications of the Convention between Japan and China signed this day respecting the retrocession of the Peninsula of Feng Tien, before the date named in the said Convention for certain stipulations thereof to take effect, the Government of His Majesty the Emperor of Japan and the Government of His Majesty the Emperor of China, in order to prevent the possibility of delay in putting into execution the several provisions of the said Convention, have, through their respective Plenipotentiaries, agreed upon the following stipulations: The Governments of Japan and China shall, within the period of five days after the date of this Protocol, announce to each other through the undersigned, their respective Plenipotentiaries, that the said Convention has received the approval of His Majesty the Emperor of Japan and His Majesty the Emperor of China, respectively, and thereupon the said Convention in all its parts shall come into operation as fully and effectually as if the ratifications thereof had actually been exchanged.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsü.

[L. S.]

[L. S.]

HAYASHI TADASU.
LI HUNG-CHANG.

No. 5.

GREAT BRITAIN-FRANCE.

DECLARATION BETWEEN GREAT BRITAIN AND FRANCE, WITH REGARD TO THE KINGDOM OF SIAM AND OTHER MATTERS (ADVANTAGES IN YUNNAN AND SZECHUEN; TERRITORIES TO THE WEST OF THE LOWER NIGER; COMMERCIAL ARRANGEMENTS IN TUNIS).@

SIGNED AT LONDON, JANUARY 15, 1896.

The Undersigned, duly authorized by their respective Governments, have signed the following Declaration:

British and French spheres of influence in Siam.

I. The Governments of Great Britain and France engage to one another that neither of them will, without the consent of the other, in any case, or under any pretext, advance their armed forces into the region which is comprised in the basins of the Petcha Bouri, Meiklong, Menam and Bang Pa Kong (Petriou) Rivers and their respective tributaries, together with the extent of coast from Muong Bang Tapan to Muong Pase, the basins of the rivers on which those two places are situated, and the basins of the other rivers, the estuaries of which are included in that coast; and including also the territory lying to the north of the basin of the Menam, and situated between the Anglo-Siamese frontier, the Mekong River, and the eastern watershed of the Me Ing. They further engage not to acquire within this region any special privilege or advantage which shall not be enjoyed in common by, or equally open to, Great Britain and France and their nationals and dependents. These stipulations, however, shall not be interpreted as derogating from the special clauses which, in virtue of the Treaty concluded on the 3rd October, 1893, between France and Siam, apply to a zone of 25 kilom. on the right bank of the Mekong and to the navigation of that river.

Independence of

Siam.

II. Nothing in the foregoing clause shall hinder any action on which the two Powers may agree, and which they shall think necessary in order to uphold the independence of the Kingdom of Siam. But they engage not to enter into any separate Agreement permitting a third Power to take any action from which they are bound by the present Declaration themselves to abstain.

a British and Foreign State Papers, 1895-96, Vol. LXXXVIII, pp. 13–16.

limit.

III. From the mouth of the Nam Huok northwards as far as the Chinese frontier the thalweg of the Mekong shall Mekong thalweg form the limit of the possessions or spheres of influence of Great Britain and France. It is agreed that the nationals and dependents of each of the two countries shall not exercise any jurisdiction or authority within the possessions or sphere of influence of the other.

The police of the islands in this part of the river which are separated from the British shore by a branch of the river shall, Police of islands so long as they are thus separated, be intrusted to the French authorities. The fishery shall be open to the

in Mekong.

inhabitants of both banks.

commercial and

Szechuen.

IV. The two Governments agree that all commercial and other privileges and advantages conceded in the two Chinese No exclusive provinces of Yünnan and Szechuen either to Great other privileges Britain or France, in virtue of their respective Conin Yünnan and ventions with China of the 1st March, 1894, and the 20th June, 1895, and all privileges and advantages of any nature which may in the future be conceded in these two Chinese provinces, either to Great Britain or France, shall, as far as rests with them, be extended and rendered common to both Powers and to their nationals and dependents, and they engage to use their influence and good offices with the Chinese Government for this purpose.

eral convention of

V. The two Governments agree to name Commissioners delegated Delimitation of by each of them, who shall be charged to fix by mutual territory west of agreement, after examination of the titles produced on Lower Niger. either side, the most equitable delimitation between the British and French possessions in the region situated to the west of the Lower Niger. VI. In conformity with the stipulations of Article XL of the General Convention concluded between Great Britain and Revision of gen- the Regency of Tunis on the 19th July, 1875, which July 19, 1875, provides for a revision of that Treaty “in order with Tunis, agreed that the two Contracting Parties may have the opportunity of hereafter treating and agreeing upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests. of their respective people," the two Governments agree at once to commence negotiations for replacing the said General Convention by a new Convention, which shall correspond with the intentions proposed in the Article above referred to.

to.

Done at London, the 15th January, 1896.

[L. S.]

[L. S.]

SALISBURY.

ALPH. DE COURCEL.

No. 6.

JAPAN.

TREATY OF COMMERCE AND NAVIGATION BETWEEN JAPAN AND

CHINA.

SIGNED AT PEKING, 21ST DAY OF 7TH MONTH, 29TH YEAR OF MEIJI (21ST JULY, 1896); RATIFIED 29TH DAY OF 9TH MONTH, 29TH YEAR OF MEIJI (29TH SEPTEMBER, 1896); RATIFICATIONS EXCHANGED AT PEKING, 20TH DAY OF 10TH MONTH, 29TH YEAR OF MEIJI (20TH NOVEMBER, 1896); AND

PROMULGATED 28TH DAY OF 10TH MONTH, 29TH YEAR OF MEIJI (28TH NOVEMBER, 1896).

His Majesty the Emperor of Japan and His Majesty the Emperor of China, having resolved, in pursuance of the provisions of Articles VI. of the Treaty signed at Shimonoseki on the 17th day of the 4th month of the 28th year of Meiji, corresponding to the 23rd day of the 3rd month of the 21st year of Kuang Hsü, to conclude a Treaty of Commerce and Navigation, have for that purpose named as Their Plenipotentiaries, that is to say:

His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary; and His Majesty the Emperor of China, Chang Yen Hoon, Minister Plenipotentiary, Minister of the Tsungli-yamen, Holding the rank of the President of a Board and Senior Vice-President of the Board of Revenue;

Who, after having communicated to each other their Full Powers found to be in good and due form, have agreed upon and concluded the following Articles:

ship.

ARTICLE I.

There shall be perpetual peace and friendship between His Majesty the Emperor of Japan and His Majesty the Emperor Peace and friend- of China, and between their respective subjects who shall enjoy equally in the respective countries of the High Contracting Parties full and entire protection for the'r persons and property.