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Should the cable be damaged at the connecting point, i.e., at 7 miles from Chefoo, the cost of the repairs shall be borne one-half by Japan and the other half by China.
ARTICLE 3.
Each of the Contracting Parties agrees to provide and maintain at its own cost the cable-house, landing connection, and the necessary equipment of the office at its cwn shore end of the said cable,
ARTICLE 4.
The telegraph instruments to be employed for working the said cable shall, unless otherwise agreed, be Morse or Wheatstone.
ARTICLE 5.
The cost of the equipment and maintenance of the Japanese telegraph office at Chefoo shall be borne by Japan.
ARTICLE 6.
The Japanese telegraph office at Chefoo shall daily switch the Japanese telegraph office at that place into direct communication with the said cable for one hour in every three hours between 6 o'clock in the morning and 11 o'clock at night, and there- after the said Japanese office shall be similarly switched into direct communication with the cable during the remaining seven hours in each day of twenty-four hours that the cable is not actually required by the said Chinese office.
It is further agreed that, for the due and proper working of the said cable, every convenience and facility shall be given reciprocally by the two offices, which shall do their utmost to work in a friendly and harmonious way, so as to cause as little delay as possible to the legitimate traffic of both parties.
ARTICLE 7.
Japan and China shall, as quickly as circumstances permit, arrange to connect the nearest Chinese telegraph office outside the leased territory of Liaotung Peninsula with the most convenient Japanese telegraph office having direct connection with the Japanese cable office. This connecting line shall be constructed, maintained, and worked by each Contracting Party within its own territory and used for the exchange of traffic to and from places within the Chinese system north of the said leased territory.
ARTICLE 8.
(a.) The special cable rates per word for correspondence exchanged over the said cable between the Japanese and Chinese offices are fixed as follows:-
1. Japan-
(a.) For terminal Kwantung traffic (b.) For traffic transiting Kwantung
2. China: For terminal Chefoo traffic
Mexican dollars.
0:15
0.10 0.04
(b.) The charges per word on the Japanese land lines beyond Kwantung shall be 5 Mexican dollar cents.
For Chinese telegrams the text of which is composed entirely of four-figured groups, Japan's proportion of rate shall be 8 Mexican dollar cents per word.
For telegrams emanating from or destined to countries beyond China, Japan's proportion of rate shall be 10 Mexican dollar cents per word.
For telegrams transmitted over the said cable, Japan shall collect the rates fixed for the time being by China, and on such traffic Japan shall credit China with full trans- mission rate, less Japan's proportion as fixed above. It is, however, understood that the total charges for such telegrams shall not in any case be higher than for telegrams to the same destination via other Chinese routes. The necessary tariff schedule shall be supplied to Japan by China.
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ARTICLE 9.
Until otherwise agreed upon, it is understood that the Chefoo-Kwantung cable cannot be used for Japanese traffic emanating from or destined to places beyond China, with the exception of Chefoo terminal Japanese Government traffic and Chefoo terminal traffic written in Kana.
ARTICLE 10.
On telegrams handled by the Japanese office at Chefoo, according to Article 1 of the Convention above mentioned, Japan shall credit China with 10 per cent. of the total rates charged. The amount of such credit shall be accounted for in the monthly balance-sheet.
ARTICLE 11.
The checking of the amount of correspondence exchanged over the said cable shall take place daily by wire between the offices of exchange.
The settlement of accounts shall take place at the end of each month, and the resulting balance shall be paid one month thereafter, either to Japan in Tokió or to China in Shanghac, as the case may be.
For the purposes of this arrangement the year and month shall be reckoned according to the Gregorian calendar, and the English language shall be used in all communication between the telegraph offices of the two Contracting Parties.
ARTICLE 12.
The liquidation of accounts shall be made in Mexican dollars. As regards out- payments to other Telegraph Administrations the collecting rate shall be quarterly agreed upon between the two Contracting Parties during the month preceding the quarter for which the rate is to rule, on the basis of the average bank rate of exchange at Shanghae for the three months preceding that in which the rate is fixed.
In case it is necessary at any time to fix the collecting rate for the fraction of a quarter, the average bank rate of exchange ruling at Shanghae for the quarter immediately preceding such fraction of a quarter shall be taken as the basis.
ARTICLE 13.
The charges for press telegrams via the said cable shall be fixed by a later Agreement between Japan and China.
ARTICLE 14.
Unless otherwise provided in the present Agreement, the Rules laid down in the existing International Telegraph Convention and the Regulations attached thereto shall be observed with regard to telegrams transmitted over the said cable.
ARTICLE 15.
The present Agreement shall be submitted to the Governments of Japan and China respectively for approval and shall come into operation from the day on which announce- ments of such approval are exchanged. It shall remain in force until modified or abrogated by mutual consent.
In witness whereof the Undersigned, duly authorized by their respective Govern- ments, have signed the present Agreement.
Done in Tokio, in English, in duplicate, on this 7th day of the month of November, 1908.
[2116 g-3]
B 2
389
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