CO537-3711 — Page 140

2. Russia :

Article I of the Convention of March 27, 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 projudice to China's authority in that territory.

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There is a note against the worda "China's authority" in Hertslet saying:

"Probably 'sovereign rights' are meant".

The term of the lease was 25 days from the date of signa- ture:

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 officiala but no Chinese troops were to enter there except after arrangement with the Russian officials.

2. Article 4 of the Additional agreement of May 7, 1898, between China and Russia respecting the boundaries of Fort Arthur and Talienwan, etc. reads:-

3.

"The Russian Government assents to the request of

the Chinese Government that the Administration and police of the City of inchow 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 Chinese troops will be withdrawn from Kinchow and replaced by Russian troops.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 roade 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 round about.

H

According to Young's "The International Legal status of the Kwantung Leased Territory" (8vo 11795) Chinese civil- administrative authority at Kinchow was completely die- placed 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, an apparent abandonment by the Chinese authorities of their jurisdiction over the City.

4.

It is pointed out, however, in this same work, that at the outset the Russians did permit the exercise of municipal Jurisdiction by the Chinese, but that the diffi- culties arising from the interpretation of the Article of the Treaty became so great that in February, 1901, they asked for the abolition of Chinese administration. An article to this effect was included in the draft Russo- Chinese agreement regarding Lanchuriu, but it proved unacceptable to the Chinese and was therefore excluded from the agreement as finally signed in 1902. The Chinese withdrew their deputy-resident from Chinchow in 1903.

Hertslet's China Treaty, Vol. I,

p.506.

Hertslet's China Treaties, Vol. I, p. 509.

Ca. 1986 lio. 42, Art. VII.

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