CHINA
45
Art. VII.
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 difficulties arising from the interpretation of the Article of the Treaty Cd. 1936, became so great that in February, 1901, they asked for the abolition of Chinese No. 42, administration. An article to this effect was included in the draft Russo-Chinese agreement regarding Manchuria, 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.
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Hertslet's China Treaties, Vol. 1, p. 505.
5. By Article V of the Treaty of Portsmouth of 5th September, 1905, Russia ceded to Japan with the consent of the Government of China
the lease of Port Arthur; together with all the rights, privileges and concessions secured by the lease. The High Contracting Parties agreed to obtain Chinese consent for this stipulation.
By Article I of a Treaty and Additional Agreement dated 22nd December, Hertslet's 1905, the Imperial Chinese Government consented to the above assignment. Vol. I, p. 391. Article II provided: "The Imperial Japanese Government engage that in regard to the leased territory as well as in the matter of railway construction they will so far as circumstances permit conform to the original agreement concluded between China and Russia.
7. As regards the position following the Japanese assumption of authority in 1905, Young writes that it did not appear that the Chinese Government had ever made any serious effort to recover any form of administrative authority over the City and that for a quarter of a century the Japanese had exercised complete civil and military authority.
(3) Great Britain (Wei-hai-wei)
By a Convention dated 1st July, Shantung was leased to Great Britain remain in the occupation of Russia.
China Treaties,
1898, Wei-hai-wei in the province of State Papers, for so long a period as Port Arthur shall Vol. 90, p. 16.
2. The Convention provided that "within the above-mentioned territory leased Great Britain shall have sole jurisdiction.'
3. It contained the following provision:-
"It is also agreed that within the walled city of Wei-hai-wei Chinese officials shall continue to exercise jurisdiction except so far as may be inconsistent with naval and military requirements for the defence of the territory leased."
4. Chinese jurisdiction in Wei-hai-wei continued until the territory was restored to China in 1930.
(4) France
By a Convention of 27th May, 1898, Kuang-Chow Wan was leased for McMurray, 99 years to France for the purpose of establishing a naval and coaling station. Treaties and Article I provides that this lease did not affect the rights of sovereignty of China concerning over the leased territories.
2. Article III specifically states that the territory should be governed and administered during the 99 years by France alone. The same article provides that the inhabitants should continue in the enjoyment of their lands under the protection of France" so long as they duly observed French laws and regulations.
Agreement
China,
Vol. I, p, 128.
PART II.-General Comments
1. The provision reserving a measure of Chinese jurisdiction within the leased territories appears in three leases-Kowloon (British), Wei-hai-wei (British) and Kinchow (Russian). The following points may be observed :—
(a) These three are all walled cities of importance from the standpoint of Chinese prestige inasmuch as they were administrative centres and of historic significance. Hence the desire of the Chinese to retain some jurisdiction within them for face-saving reasons.
(b) The qualification as to the military requirements of the lessee Power
appears in the two British leases but not in the Russian. (c) In the case of the Russian lease the provision was an afterthought being
a modification of the Convention of 27th March, 1898.
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