CO129-351 - Public Offices - 1908 — Page 676

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

2

Hsinmintun-Takumen Railway to the dean of the Diplomatic Body at Peking, owing to the objection made by the Japanese Vice-Consul.

Sir,

am, &c.

(Signed) TH. E. HEENAN,

Consul-General and dean of the Consular Corps.

Inclosure 4 in No. 1.

Newchwang General Chamber of Commerce to Mr. Heenan.

Newchwang, March 16, 1908.

I HAVE the honour to bring to your notice, for submission to the honourable Consular Body, the following Resolution unanimously adopted by a meeting of this Chamber held on the 13th instant-

Resolution:

"The Newchwang General Chamber of Commerce, being convinced that the extension of the Imperial Railways of North China from Hsinmintun to Fakumen and beyond is vitally important to the development and prosperity of Manchurian trade, strongly protests against the steps now being taken by the Government of Japan to enforce the abandonment of this extension, Japan having specifically undertaken in the Treaty of Portsmouth not to obstruct any general measures common to all countries which China may take for the development of commerce and industry in Manchuria.'"

In submitting this Resolution, I beg to state the grounds upon which the views expressed therein have been arrived at, viz:-

1. The line of the proposed Hsinmintun-Fakumen Railway, at its nearest point of convergence, namely at Fakumen itself, a flourishing township of some 40,000 inhabitants, is 35 miles distant from the existing system of the South Manchurian Railway, and separated therefrom by the River Liao, an important waterway, itself constituting a natural traffic boundary between the existing, and proposed, railway systems.

2. The trade of Fakumen, and of its hinterland, has always found its natural outlet to, and through, the larger town of Hsinmintun, a trade centre of growing importance, by way of the Koupangtzu-Hsinmintun line of the Imperial Railways of North China, to the seaboard at Newchwang, Chinwangtao, &c. It has never gone eastward towards the townships and districts operated by the South Manchurian Railway, and therefore there are no grounds for Japan's contention that the proposed line, which will cater only for the trade of these regions, must be competitive with, and detrimental to, the interests of the Japanese line.

3. The proposed line has for its primary and sole objective the development of that vast region of fertile country, holding boundless commercial potentialities, stretching west and north-west of the Liao River, the reclamation and colonization of which has now for several years, and already with marked success, been fostered in every way by the paternal Government, and in this most beneficial scheme of development the proposed railway is an absolutely essential and vital factor, as these regions being poor in natural facilities such as navigable waterways, by no other means, excepting only the construction of branch lines westward from the South Manchuria Railway system, can this development be assisted and promoted. Such branch lines, if constructed, could not be as efficient and economical agents of this development as the direct line proposed, and would necessarily do incalculable injury to the prospects and trade of the port of Newchwang, which is the natural outlet and distributing base for the country in question, by diverting from it to Dalny its legitimate trade.

4. Assuming that Japan, as is alleged, obtained from China in a subsidiary Treaty the undertaking, "not to construct, prior to the recovery by them (China) of the said (South Manchuria) Railway any line in the neighbourhood of, and parallel to, that railway, or any branch line which might be detrimental to the interests of the South Manchuria Railway, &c."

The Committee of this Chamber submits-

(a.) That the country to be operated by the proposed line cannot be considered to be "in the neighbourhood" of the South Manchuria Railway;

3

(b.) That, as already demonstrated, it neither will nor can be competitive with, or in any way detrimental to, the interests of the South Manchuria Railway;

(c.) That in no country in the world, of similar population and topography, could, or would, the vested trade interests or sphere of an existing railway system be held to include so extensive an area as to preclude the construction of other lines, even though competitive (if in the commercial sense that were possible), outside of a 35-mile limit;

(d.) That Japan, having in Article IV of the Portsmouth Treaty pledged herself- "Not to obstruct any general measures, common to all countries, which China may take for the development of commerce and industry in Manchuria, &c." Her action, in exacting and receiving from China an undertaking such as is alleged, which is diametrically opposed in principle and practice to the pledge she had herself given to the world Powers, must be considered to have been ultra vires, and, therefore, the said undertaking by China to be null and void and of no effect.

5. If, however, we assume further the validity of the said undertaking by China, it still remains to be urged that such undertaking manifestly could not have application or reference to this territory westerly from the River Liao, which, at the time of the recent Russo-Japanese War, was by China specifically proclaimed, and by the late belligerent Powers officially recognized to be neutral territory outside the area of hostilities, and therefore outside also of the political sphere of Treaty, negotiation, or engagement, wherein China's sovereign rights remained unquestioned and unimpaired. Obviously her intention in such undertaking could only have reference to action within the area which furnished the cause of the late war, and became the territory which formed the subject of Treaty, and therefore such undertaking cannot constitute any bar or obstacle to the construction of the proposed Hsinmintun-Fakumen Railway.

On all these grounds, therefore, in the opinion of the Committee of this Chamber, the attitude of Japan in relation to the proposed railway is as indefensible as it is directly opposed to the principle of "equal opportunity for all" and even a menace to the integrity of China, and, therefore, in the commercial interests of this port in particular, and of Manchuria generally, I have the honour to petition your honourable body to transmit to the dean of the Diplomatic Corps in Peking a copy of this despatch to the end that such steps may be [taken as are] deemed best for the preservation and promotion of those interests.

In conclusion, I have the honour to inform you that the Committee of this Chamber regard the question at issue of such vital and far-reaching public importance that it intends by every means available to give publicity to the views herein expressed, and to that end proposes communicating the substance of these representations to the various Chambers of Commerce and kindred Associations and to the leading press of China, Europe, and America.

(Signed) WM. FORD, Chairman.

663

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2 Hsinmintun-Takumen Railway to the dean of the Diplomatic Body at Peking, owing to the objection made by the Japanese Vice-Consul. Sir, am, &c. (Signed) TH. E. HEENAN, Consul-General and dean of the Consular Corps. Inclosure 4 in No. 1. Newchwang General Chamber of Commerce to Mr. Heenan. Newchwang, March 16, 1908. I HAVE the honour to bring to your notice, for submission to the honourable Consular Body, the following Resolution unanimously adopted by a meeting of this Chamber held on the 13th instant- Resolution: "The Newchwang General Chamber of Commerce, being convinced that the extension of the Imperial Railways of North China from Hsinmintun to Fakumen and beyond is vitally important to the development and prosperity of Manchurian trade, strongly protests against the steps now being taken by the Government of Japan to enforce the abandonment of this extension, Japan having specifically undertaken in the Treaty of Portsmouth not to obstruct any general measures common to all countries which China may take for the development of commerce and industry in Manchuria.'" In submitting this Resolution, I beg to state the grounds upon which the views expressed therein have been arrived at, viz:- 1. The line of the proposed Hsinmintun-Fakumen Railway, at its nearest point of convergence, namely at Fakumen itself, a flourishing township of some 40,000 inhabitants, is 35 miles distant from the existing system of the South Manchurian Railway, and separated therefrom by the River Liao, an important waterway, itself constituting a natural traffic boundary between the existing, and proposed, railway systems. 2. The trade of Fakumen, and of its hinterland, has always found its natural outlet to, and through, the larger town of Hsinmintun, a trade centre of growing importance, by way of the Koupangtzu-Hsinmintun line of the Imperial Railways of North China, to the seaboard at Newchwang, Chinwangtao, &c. It has never gone eastward towards the townships and districts operated by the South Manchurian Railway, and therefore there are no grounds for Japan's contention that the proposed line, which will cater only for the trade of these regions, must be competitive with, and detrimental to, the interests of the Japanese line. 3. The proposed line has for its primary and sole objective the development of that vast region of fertile country, holding boundless commercial potentialities, stretching west and north-west of the Liao River, the reclamation and colonization of which has now for several years, and already with marked success, been fostered in every way by the paternal Government, and in this most beneficial scheme of development the proposed railway is an absolutely essential and vital factor, as these regions being poor in natural facilities such as navigable waterways, by no other means, excepting only the construction of branch lines westward from the South Manchuria Railway system, can this development be assisted and promoted. Such branch lines, if constructed, could not be as efficient and economical agents of this development as the direct line proposed, and would necessarily do incalculable injury to the prospects and trade of the port of Newchwang, which is the natural outlet and distributing base for the country in question, by diverting from it to Dalny its legitimate trade. 4. Assuming that Japan, as is alleged, obtained from China in a subsidiary Treaty the undertaking, "not to construct, prior to the recovery by them (China) of the said (South Manchuria) Railway any line in the neighbourhood of, and parallel to, that railway, or any branch line which might be detrimental to the interests of the South Manchuria Railway, &c." The Committee of this Chamber submits- (a.) That the country to be operated by the proposed line cannot be considered to be "in the neighbourhood" of the South Manchuria Railway; 3 (b.) That, as already demonstrated, it neither will nor can be competitive with, or in any way detrimental to, the interests of the South Manchuria Railway; (c.) That in no country in the world, of similar population and topography, could, or would, the vested trade interests or sphere of an existing railway system be held to include so extensive an area as to preclude the construction of other lines, even though competitive (if in the commercial sense that were possible), outside of a 35-mile limit; (d.) That Japan, having in Article IV of the Portsmouth Treaty pledged herself- "Not to obstruct any general measures, common to all countries, which China may take for the development of commerce and industry in Manchuria, &c." Her action, in exacting and receiving from China an undertaking such as is alleged, which is diametrically opposed in principle and practice to the pledge she had herself given to the world Powers, must be considered to have been ultra vires, and, therefore, the said undertaking by China to be null and void and of no effect. 5. If, however, we assume further the validity of the said undertaking by China, it still remains to be urged that such undertaking manifestly could not have application or reference to this territory westerly from the River Liao, which, at the time of the recent Russo-Japanese War, was by China specifically proclaimed, and by the late belligerent Powers officially recognized to be neutral territory outside the area of hostilities, and therefore outside also of the political sphere of Treaty, negotiation, or engagement, wherein China's sovereign rights remained unquestioned and unimpaired. Obviously her intention in such undertaking could only have reference to action within the area which furnished the cause of the late war, and became the territory which formed the subject of Treaty, and therefore such undertaking cannot constitute any bar or obstacle to the construction of the proposed Hsinmintun-Fakumen Railway. On all these grounds, therefore, in the opinion of the Committee of this Chamber, the attitude of Japan in relation to the proposed railway is as indefensible as it is directly opposed to the principle of "equal opportunity for all" and even a menace to the integrity of China, and, therefore, in the commercial interests of this port in particular, and of Manchuria generally, I have the honour to petition your honourable body to transmit to the dean of the Diplomatic Corps in Peking a copy of this despatch to the end that such steps may be [taken as are] deemed best for the preservation and promotion of those interests. In conclusion, I have the honour to inform you that the Committee of this Chamber regard the question at issue of such vital and far-reaching public importance that it intends by every means available to give publicity to the views herein expressed, and to that end proposes communicating the substance of these representations to the various Chambers of Commerce and kindred Associations and to the leading press of China, Europe, and America. (Signed) WM. FORD, Chairman. 663 1
Baseline (Original)
My 2 Hsinmintun-Takumen Railway to the dean of the Diplomatic Body at Peking, owing to the objection made by the Japanese Vice-Consul. Sir, am, &c. (Signed) TH. E. HEENAN, Consul-General and dean of the Consular Corps. Inclosure 4 in No. 1. Newchwang General Chamber of Commerce to Mr. Heenan. Newchwang, March 16, 1908. I HAVE the honour to bring to your notice, for submission to the honourable Consular Body, the following Resolution unanimously adopted by a meeting of this Chamber held on the 13th instant- Resolution: "The Newchwang General Chamber of Commerce, being convinced that the extension of the Imperial Railways of North China from Hsinmintun to Fakumen and beyond is vitally important to the development and prosperity of Manchurian trade, strongly protests against the steps now being taken by the Government of Japan to enforce the abandonment of this extension, Japan having specifically undertaken in the Treaty of Portsmouth not to obstruct any general measures common to all countries which China may take for the development of commerce and industry in Manchuria.'" In submitting this Resolution, I beg to state the grounds upon which the views expressed therein have been arrived at, viz:- 1. The line of the proposed Isinmintun-Fakumen Railway, at its nearest point of convergence, namely at Fakumen itself, a flourishing township of some 40,000 inhabitants, is 35 miles distant from the existing system of the South Manchurian Railway, and separated therefrom by the River Liao, an important waterway, itself constituting a natural traffic boundary between the existing, and proposed, railway systems. 2. The trade of Fakumen, and of its hinterland, has always found its natural outlet to, and through, the larger town of Hsinmintun, a trade centre of growing importance, by way of the Koupangtzu-Hsiumintun line of the Imperial Railways of North China, to the seaboard at Newchwang, Chinwangtae, &c. It has never gone eastward towards the townships and districts operated by the South Manchurian Railway, and therefore there are no grounds for Japan's contention that the proposed line, which will cater only for the trade of these regions, must be competitive with, and detrimental to, the interests of the Japanese line. 3. The proposed line has for its primary and sole objective the development of that vast region of fertile country, holding boundless commercial potentialities, stretching west and north-west of the Liao River, the reclamation and colonization of which has now for several years, and already with marked success, been fostered in every way by the paternal Government, and in this most beneficial scheme of develop- ment the proposed railway is an absolutely essential and vital factor, as, these regions being poor in natural facilities such as navigable waterways, by no other means, excepting only the construction of branch lines westward from the South Manchuria Railway system, can this development be assisted and promoted. Such branch lines, if constructed, could not be as efficient and economical agents of this development as the direct line proposed, and would necessarily do incalculable injury to the prospects and trade of the port of Newchwang, which is the natural outlet and distributing base for the country in question, by diverting from it to Dalny its legitimate trade. 4. Assuming that Japan, as is alleged, obtained from China in a subsidiary Treaty the undertaking, "not to construct, prior to the recovery by them (China) of the said (South Manchuria) Railway any line in the neighbourhood of, and parallel to, that railway, or any branch line which might be detrimental to the interests of the South Manchuria Railway, &c." The Committee of this Chamber submits→ (a.) That the country to be operated by the proposed line cannot be considered to be "in the neighbourhood" of the South Manchuria Railway; 3 (b.) That, as already demonstrated, it neither will nor can be competitive with, or in any way detrimental to, the interests of the South Manchuria Railway; (c.) That in no country in the world, of similar population and topography, could, or would, the vested trade interests or sphere of an existing railway system be held to include so extensive an area as to preclude the construction of other lines, even though competitive (if in the commercial sense that were possible), outside of a 35-mile limit; (d.) That Japan, having in Article IV of the Portsmouth Treaty pledged herself— "Not to obstruct any general measures, common to all countries, which China may take for the development of commerce and industry in Manchuria, &c.” Her action, in exacting and receiving from China an undertaking such as is alleged, which is diametrically opposed in principle and practice to the pledge she had herself given to the world Powers, must be considered to have been ultra vires, and, therefore, the said undertaking by China to be null and void and of no effect. 5. If, however, we assume further the validity of the said undertaking by China, it still remains to be urged that such undertaking manifestly could not have application or reference to this territory westerly from the River Liao, which, at the time of the recent Russo-Japanese War, was by China specifically proclaimed, and by the late belligerent Powers officially recognized to be neutral territory outside the area of hostilities, and therefore outside also of the political sphere of Treaty, negotiation, or engagement, wherein China's sovereign rights remained unquestioned and unimpaired. Obviously her intention in such undertaking could only have reference to action within the area which furnished the cause of the late war, and became the territory which formed the subject of Treaty, and therefore such undertaking cannot constitute any bar or obstacle to the construction of the proposed Hsinmintun-Fakumen Railway. On all these grounds, therefore, in the opinion of the Committee of this Chamber, the attitude of Japan in relation to the proposed railway is as indefensible as it is directly opposed to the principle of "equal opportunity for all" and even a menace to the integrity of China, and, therefore, in the commercial interests of this port in particular, and of Manchuria generally, I have the honour to petition your honourable body to transmit to the dean of the Diplomatic Corps in Peking a copy of this despatch to the end that such steps may be [taken as are] deemed best for the preservation and promotion of those interests. In conclusion, I have the honour to inform you that the Committee of this Chamber regard the question at issue of such vital and fur-reaching public importance that it intends by every means available to give publicity to the views herein expressed, and to that end proposes communicating the substance of these representations to the various Chambers of Commerce and kindred Associations and to the leading press of China, Europe, and America. (Signed) WM. FORD, Chairman. 663 1 £
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2

Hsinmintun-Takumen Railway to the dean of the Diplomatic Body at Peking, owing to the objection made by the Japanese Vice-Consul.

Sir,

am, &c.

(Signed) TH. E. HEENAN,

Consul-General and dean of the Consular Corps.

Inclosure 4 in No. 1.

Newchwang General Chamber of Commerce to Mr. Heenan.

Newchwang, March 16, 1908.

I HAVE the honour to bring to your notice, for submission to the honourable Consular Body, the following Resolution unanimously adopted by a meeting of this Chamber held on the 13th instant-

Resolution:

"The Newchwang General Chamber of Commerce, being convinced that the extension of the Imperial Railways of North China from Hsinmintun to Fakumen and beyond is vitally important to the development and prosperity of Manchurian trade, strongly protests against the steps now being taken by the Government of Japan to enforce the abandonment of this extension, Japan having specifically undertaken in the Treaty of Portsmouth not to obstruct any general measures common to all countries which China may take for the development of commerce and industry in Manchuria.'"

In submitting this Resolution, I beg to state the grounds upon which the views expressed therein have been arrived at, viz:-

1. The line of the proposed Isinmintun-Fakumen Railway, at its nearest point of convergence, namely at Fakumen itself, a flourishing township of some 40,000 inhabitants, is 35 miles distant from the existing system of the South Manchurian Railway, and separated therefrom by the River Liao, an important waterway, itself constituting a natural traffic boundary between the existing, and proposed, railway systems.

2. The trade of Fakumen, and of its hinterland, has always found its natural outlet to, and through, the larger town of Hsinmintun, a trade centre of growing importance, by way of the Koupangtzu-Hsiumintun line of the Imperial Railways of North China, to the seaboard at Newchwang, Chinwangtae, &c. It has never gone eastward towards the townships and districts operated by the South Manchurian Railway, and therefore there are no grounds for Japan's contention that the proposed line, which will cater only for the trade of these regions, must be competitive with, and detrimental to, the interests of the Japanese line.

3. The proposed line has for its primary and sole objective the development of that vast region of fertile country, holding boundless commercial potentialities, stretching west and north-west of the Liao River, the reclamation and colonization of which has now for several years, and already with marked success, been fostered in every way by the paternal Government, and in this most beneficial scheme of develop- ment the proposed railway is an absolutely essential and vital factor, as, these regions being poor in natural facilities such as navigable waterways, by no other means, excepting only the construction of branch lines westward from the South Manchuria Railway system, can this development be assisted and promoted. Such branch lines, if constructed, could not be as efficient and economical agents of this development as the direct line proposed, and would necessarily do incalculable injury to the prospects and trade of the port of Newchwang, which is the natural outlet and distributing base for the country in question, by diverting from it to Dalny its legitimate trade.

4. Assuming that Japan, as is alleged, obtained from China in a subsidiary Treaty the undertaking, "not to construct, prior to the recovery by them (China) of the said (South Manchuria) Railway any line in the neighbourhood of, and parallel to, that railway, or any branch line which might be detrimental to the interests of the South Manchuria Railway, &c."

The Committee of this Chamber submits→

(a.) That the country to be operated by the proposed line cannot be considered to be "in the neighbourhood" of the South Manchuria Railway;

3

(b.) That, as already demonstrated, it neither will nor can be competitive with, or in any way detrimental to, the interests of the South Manchuria Railway;

(c.) That in no country in the world, of similar population and topography, could, or would, the vested trade interests or sphere of an existing railway system be held to include so extensive an area as to preclude the construction of other lines, even though competitive (if in the commercial sense that were possible), outside of a 35-mile limit;

(d.) That Japan, having in Article IV of the Portsmouth Treaty pledged herself— "Not to obstruct any general measures, common to all countries, which China may take for the development of commerce and industry in Manchuria, &c.” Her action, in exacting and receiving from China an undertaking such as is alleged, which is diametrically opposed in principle and practice to the pledge she had herself given to the world Powers, must be considered to have been ultra vires, and, therefore, the said undertaking by China to be null and void and of no effect.

5. If, however, we assume further the validity of the said undertaking by China, it still remains to be urged that such undertaking manifestly could not have application or reference to this territory westerly from the River Liao, which, at the time of the recent Russo-Japanese War, was by China specifically proclaimed, and by the late belligerent Powers officially recognized to be neutral territory outside the area of hostilities, and therefore outside also of the political sphere of Treaty, negotiation, or engagement, wherein China's sovereign rights remained unquestioned and unimpaired. Obviously her intention in such undertaking could only have reference to action within the area which furnished the cause of the late war, and became the territory which formed the subject of Treaty, and therefore such undertaking cannot constitute any bar or obstacle to the construction of the proposed Hsinmintun-Fakumen Railway.

On all these grounds, therefore, in the opinion of the Committee of this Chamber, the attitude of Japan in relation to the proposed railway is as indefensible as it is directly opposed to the principle of "equal opportunity for all" and even a menace to the integrity of China, and, therefore, in the commercial interests of this port in particular, and of Manchuria generally, I have the honour to petition your honourable body to transmit to the dean of the Diplomatic Corps in Peking a copy of this despatch to the end that such steps may be [taken as are] deemed best for the preservation and promotion of those interests.

In conclusion, I have the honour to inform you that the Committee of this Chamber regard the question at issue of such vital and fur-reaching public importance that it intends by every means available to give publicity to the views herein expressed, and to that end proposes communicating the substance of these representations to the various Chambers of Commerce and kindred Associations and to the leading press of China, Europe, and America.

(Signed) WM. FORD, Chairman.

663

1

£

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