Hertslet's China Treaty, Vol. I, p. 506.
Hertslet's
44
CHINA
to be necessary. His Majesty the Emperor of China, at the same time, reserves to himself the right to station troops within that zone, in agreement with the German Government and to take other military measures.'
"
2. Article 2 then ceded to Germany, on lease, both sides of the entrance to the Bay of Kiao-chow," while Article 3, besides defining the limits of the territory so ceded, says: "In order to avoid the possibility of conflicts, the Imperial Chinese Government will abstain from exercising rights of sovereignty in the ceded territory during the term of the lease, and leaves the exercise of the same to Germany," within those limits.
3. As regards the Chinese population living in the ceded territory it was laid down, in Article 5, that they should enjoy the protection of the German Government, provided that they behaved in conformity with law and order and that they should remain on their land unless it was required for other purposes. Compensation was to be paid in the event of land being so required.
4. In dealing with this lease Young points out, in a footnote to p. 99, "that there was no intent to have reservation of sovereignty by China mean anything more than the ultimate right to recover the lease after the expiration of the time specified."
5. As regards the Chinese resident within the ceded territory Young says (footnote to p. 64) that, although they were subject to German protection and jurisdiction so long as they remained there, they were not considered German nationals. Regulations were promulgated, however, by which they could acquire German naturalisation.
6. From the foregoing it will be seen that the Treaty of 1898 did not make provision for Chinese jurisdiction in the area covered by the lease but excluded a special zone altogether from the leased territory.
(2) Russia
Article I of the Convention of 27th March, 1898, provides :-
In order for the protection of the Russian fleet and (to enable it) to have a secure base on the north coast of China, His Majesty the Emperor of China agrees to lease to Russia Port Arthur, Talienwan and the adjacent waters. But this lease is to be without prejudice to China's authority in that territory."
There is a note against the words "China's authority" in Hertslet saying:--
Probably 'sovereign rights' are meant.'
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The term of the lease was 25 years from the date of signature.
Article IV provides that Russia has the right of appointing officials to govern the leased territory and to control movements of all forces. It also provides :---
Should any criminal cases occur the criminal is to be handed over to the nearest Chinese official to be punished according to law."
Article V provides for "neutral territory" to the north of the territory leased. This was to be left entirely to Chinese officials but no Chinese troops were to enter there except after arrangement with the Russian officials.
2. Article 4 of the Additional Agreement of 7th May, 1898, between China China Treaties, and Russia respecting the boundaries of Port Arthur and Talienwan, &c.,
reads:
Vol. I, p. 509.
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The Russian Government assents to the request of the Chinese Govern- ment that the Administration and police of the City of Kinchow shall be Chinese. Chinese troops will be withdrawn from Kinchow and replaced by Russian troops. The inhabitants of the city have the power to use the roads from Kinchow to the north boundary of the leased territory, and the waters usually required near the city. But they have no power to use the sea-coast roundabout."
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3. According to Young's "The International Legal Status of the Kwantung Leased Territory (8vo 11795), Chinese civil administrative authority at Kinchow was completely displaced during and after the Boxer Rising until the war with Japan. It is also stated that by the autumn of 1903 Kinchow had been definitely excluded from the Chinese provincial administration of Mukden, and apparent abandonment by the Chinese authorities of their jurisdiction over the City.