4.
Inclosure 2 in No. 1.
Agreement regarding the Working of the Japanese and Chinese Telegraph Lines in Manchuria.
IN conformity with the provisions of the Telegraph Convention of the 12th October, 1908, between Japan and China, the two Governments have, for the purpose of facili tating the due and proper working of their respective telegraph lines in South Manchuria, concluded the following Supplementary Agreement.
ARTICLE 1.
(a.) In order to facilitate the exchange of telegraphic traffic between the Japanese and Chinese systems China shall connect her telegraphic offices at Antung, Newchwang, Liaoyang, Mukden, Tehling, and Changchun with the respective Japanese telegraph offices within the railway zone at these places.
(b.) On the telegraphic trathic handled by the Japanese offices in Manchuria a royalty, as provided in Article 7 of the Telegraph Convention above mentioned, will be paid by Japan to China.
(c.) All messages destined for placed in China, outside the Japanese system, and beyond, directed by the senders "via the Chinese lines," duly tendered for transmission to the Japanese offices within the railway zone, as well as diverted Japanese traffic, shali be accepted by such offices and handed over to the nearest connecting Chinese office, full transmission rate being credited by Japan to China on such traffic less 5 Mexican dollar cents per word.
(d.) All messages destined for places in China and beyond, directed by the senders "via the Chefoo-Kwantung cable," duly tendered to a Chinese office for transmission shall be accepted by it and handed over to the nearest connecting Japanese office. such traffic China shall credit Japan with the rates specified in Article 8 of the Agreement regarding the working of the Chefoo-Kwantung cable.
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(e.) All traffic destined for places on the Japanese system in Manchuria, daly handed in at or transmitted to a Chinese office in Manchuria for transmission, shall be handed over to the nearest connecting Japanese office. On such traffic China shall credit Japan with 5 Mexican dollar cents per word.
ARTICLE 2.
Japan undertakes not to establish competition, by lower rates or other means, against China. This engagement does not, however, apply to traffic forwarded exclu- sively over the Japanese lines.
ARTICLE 3.
For telegrams handed over to the connecting Chinese office in Manchuria Japan shall collect the rates fixed for the time being by China, and on such traffic Japan shall credit China with full transmission rates less 5 Mexican dollar cents per word. The necessary tariff schedule shall be supplied to Japan by China,
ARTICLE 4.
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 telegrains transmitted over the connecting lines.
ARTICLE 5.
The charges for press telegrams exchanged between the Japanese and Chinese offices in Manchuria shall be fixed by a later Agreement between Japan and China.
ARTICLE 6.
Special accounts of all telegraphic traffic exchanged shall be kept at the offices where such exchange takes place, and shall be compared and checked daily. The
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settlement of accounts shall take place at the end of each mouth, and the resulting balance shall be paid, one month thereafter, to Japan in Tokió or to China in Shanghae, 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 communications between the telegraph offices of the two Contracting Parties. The annual royalty mentioned in Article 7 of the Telegraph Convention between Japan and China above mentioned shall be paid by average monthly instalments in the regular monthly accounts.
ARTICLE 7.
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 traction of a quarter shall be taken as the basis.
ARTICLE 8.
Neither of the Contracting Parties shall take into its telegraph service in Manchuria or Chefoo any person who is engaged or has been engaged within the three previous months in the same service of the other party without in each case obtaining the special consent of the latter.
ARTICLE 9.
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All telegraph lines constructed by Japan in South Manchuria outside the railway territory shall, at the time the present Agreement takes effect, he delivered to China, and the sum of 50,000 yen shall be paid by China to Japan in Tôkiò as soon as such delivery shall have been completed.
The delivery of the telegraph lines mentioned above shall be effected by special Commissioners appointed by the two Contracting Parties for that purpose.
ARTICLE 10.
The offices and accommodations stipulated in Article 4 of the Telegraph Conven- ion shall be arranged between the respective authorities in each district.
ARTICLE 11.
The present Agreement shall be immediately submitted to the Governments of Japan and China respectively for approval, and shall come into operation from the day on which announcements of such approval are exchanged. It shall remain in force until nodified or abrogated by mutual consent.
In witness whereof the Undersigned, duly authorized by their respective Govern- ments, have sigued the present Agreement.
Done in Tokió, in English, in duplicate, this 7th day of the month of November, 1908.
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