2
permanent peace and tranquillity, and considering it essential in the attainment of such desire that the two Governments should, in view of their relations of cordial friendship and good neighbourhood, recognise the River Tumen as forming the boundary between China and Corea, and should adjust all matters relating thereto in a spirit of mutual accommodation, have agreed upon the following stipulations :-
Article 1. The Governments of Japan and China declare that the River Tumen is recognised as forming the boundary between China and Corea, and that, in the region of the source of that river, the boundary line shall start from the boundary monument and thence follow the course of the stream Shih-Yi-Shwei.
Art. 2. The Government of China shall, as soon as possible after the signing of the present agreement, open the following places to the residence and trade of foreigners, and the Government of Japan may there establish consulates or branch offices of consulates. The date of opening of such places shall be separately determined, Lung-Ching-tsun, Chu-tsz-Chie, Tou-tao-kou, Pai-Tsao-kou.
Art. 3. The Government of China recognises the residence of Corcan people as heretofore on the agricultural lands lying north of the River Tumen. The limit of the district for such residence is shown in the annexed map.
Art. 4. The Corean people residing on the agricultural lands within the mixed residence district to the north of the Riven Tumen shall submit to the laws of China, and shall be amenable to jurisdiction of the Chinese local officials. Such Corean people shall be accorded by the Chinese authorities the equal treatment with Chinese subjects, and similarly in the matter of taxation and all other administrative measures they shall be placed on the equal footing with Chinese subjects. All cases, whether civil or criminal, relating to such Corean people, shall be heard and decided by the Chinese authorities in accordance with the laws of China and in just and equitable manner, A Japanese consular officer, or an official duly authorised by him, shall be allowed freely to attend the court, and, in the hearing of important cases concerning lives of persons, a previous notice is to be given to the Japanese consular officers. Whenever the Japanese consular officers find that decision has been given in disregard to law, they shall have right to apply to the Chinese authorities for a new trial, to be conducted by officials specially selected in order to assure justice of decision.
Art. 5. The Government of China engages that lands and buildings owned by Corean people in the mixed residence district to the north of the River Tumen shall be fully protected equally with properties of Chinese subjects. Ferries shall be established on the River Tumen at places properly chosen, and people on either side of the river shall be entirely at liberty to cross to the other side, it being, however, understood that persons carrying arms shall not be permitted to cross the frontier without previous official notice cr passports. In respect of cereals produced in the mixed residence district, Corean people shall be permitted to export them out of the said district, except in time of scarcity, in which case such exportation may be prohibited. Collection of firewood and grass shall be dealt with in accordance with the practice hitherto followed.
Art. 6. The Government of China shall undertake to extend the Kirin-Changchun Railway to the sonthern boundary of Yenchi, and to connect it at Hoiryong with a Corean Roilway, and such extension shall be effected upon the same terms as the Kirin-Changchun Railway. The date of commencing the work of proposed extension shall be determined by the Government of China considering actual requirement of the situation and upon consultation with the Government of Japan.
Art. 7. The present agreement shall come into operation immediately upon its signature, and thereafter Chientao branch of the residency-general, as well as all the civil and military officers attached thereto, shall be withdrawn as soon as possible and within two months. The Government of Japan shall, within two months hereafter, establish its consulates at the places mentioned in article 2.
In witness whereof the undersigned, duly authorised by their respective Govern- ments, have signed and sealed the present agreement in duplicate in the Japanese and Chinese languages.
(Unofficial translation.) (Confidential.)
3
09
(3.)
ALL the mines occupied and worked by the Japanese along the Autung-Mukden Railway line shall be henceforward exploited as joint enterprises of the Japanese and Chinese, and the manner of such joint exploitation shall be homogeneous with the contract for the Lincheng coal mine. As for the other mines of coal, irou, tin, lead, &c., in the vicinity of the said railway line, Japan and China shall determine those to be exploited as joint enterprises after examination and cousultation with each other; and the manner of exploitation of those mines shall also be homogeneous with the contract for Lincheng mine. The tax on coals shall be the same as stipulated in Lincheng contract, provided that if a more favourable tariff be adopted in the future for any of the coal mines in the province of Mukden, the same shall be applied. The rate of tax on iron, tin, and lead shall be in accordance with the regulations issued by the Chinese Department of Agriculture, Industry, and Commerce. All the Chino-Japanese joint exploitations shall enjoy all the privileges granted, or to be granted, to other similar undertakings in the province of Mukden,
640