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Art. 16. Any soldiers that may hereafter be required for the protection of the railway are to be furnished by the Governor of the Province of Shantung; no foreign troops are to be employed for this purpose beyond the limits of the 100-li zone.
The Governor of the Province of Shantung binds himself, in return, to protect the railway effectually, both during the preliminary works and during the subsequent construction and the working of the line, in order to obviate, as far as practicable, the infliction of any damage due to possible disturbances among the people, or to the action of sedition-mongers.
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Art. 17. The railway being designed purely for the advancement of trade and commerce, shall convey no foreign troops or their war-equipment.
At the same time no responsibility for such conveyance shall rest on the Railway Administration in case, owing to war or to similar conditions, it should be coerced into permitting the same; while, on the other hand, no responsibility shall rest under such conditions on the Governor of Shantung for the protection of the railway in respect of any portion of the line held by the enemy.
The provisions of this Article do not apply to the section of the line situated within the limits of the 100-li zone.
Art. 18. In times of famine and flood the Railway Administration shall grant reduced rates, on the principles prevailing in Germany, for the carriage of provisions and clothing for distribution among the sufferers; or, in case of disturbances, for the conveyance of the troops sent to suppress the trouble, as well as for their arms, baggage, and commissariat.
Art. 19. At the railway stations where customs offices are established the Railway Administration must afford the Imperial Chinese Customs Administration facilities for levying the lawful dues.
On the other hand, the actual amount to be expended on all building works under- taken on the application of the Customs Administration, is to be paid beforehand by the Customs Administration to the Railway Administration, after a mutual agreement has been arrived at in each case.
Art. 20. For the construction of the railway the inhabitants of the places situated nearest to the line are to be made use of, as far as practicable, both for the work and for the supply of materials.
Art. 21. The Chinese officials employed on the railway beyond the limits of the German leased territory are subject, as regards offences against Chinese law, to the jurisdiction of their respective District Magistrates. Once the latter has officially communicated to the Railway Administration the necessity for the judicial proceedings against one of their Chinese employés, the Railway Administration shall not be entitled to shield him from the operation of the law.
In cases of complaints against foreigners employed on the railway, the procedure shall be in accordance with the judicial arrangements made therefor. The Railway Administration, on its side, shall investigate every such case and shall take disciplinary measures against the culprit concerned.
Art. 22. In all places through which the railway passes, the natives thereof are to be employed on the works as far as possible, and are to be paid according to local custom.
In case of a dispute between the railway hands and the people, the local official has the right to arrest and punish the guilty parties.
Under no circumstances are the railway workers permitted to force their way, without due authority, into the houses of the inhabitants; severe punishments will be inflicted on those who offend in this manner.
Art. 23. When the work of construction is completed, the workers and overseers necessary for the maintenance and the guarding of the line are, as far as practicable, to be drawn from the places situated nearest to the railway, upon the recommendation of the village elders, who will be answerable for their good behaviour, and will arrange for written certificates to be issued to them by the District Magistrate.
Art. 24. As soon as the line has been opened to public traffic, the Administration accepts responsibility for loss of life and damage to property due to accidents, and it will pay compensation in accordance with local usage for persons injured or killed; and, in accordance with more detailed provisions to be issued and proclaimed by the Railway, for goods damaged or destroyed. Similarly the Railway is answerable for all injury to persons or property arising through its own fault in connection with the provisional running of
construction trains.
Art. 25. In case the safe working of the railway should be endangered owing to damage arising from floods, embankment slips, bridge breakdowns, and the like,
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public traffic is not to be resumed until the hindrances to working have been removed.
Art. 26. In case the Railway Company should appeal to the Governor of the Province of Shantung for the dispatch of a guard to protect the preliminary works or the construction or the working of the railway, such appeal shall be responded to without delay and in an effectual manner. The question of the extent to which the Railway Company is to be called upon to contribute to the necessary expenses of the guard during the period of such duty, is reserved for future arrangement.
Art. 27. In the German leased territory traversed by the railway, the sovereign rights shall be exercised by the Governor at Tsingtau; and in the remainder of the Province of Shantung, by the Governor of the Province of Shantung.
Art. 28. The question as to when and under what conditions the railway may in the future be taken over by the Imperial Chinese Government shall be reserved for future arrangement.
The above provisions shall, after being approved, be made known to the authorities of the Province of Shantung and to the railway functionaries, and shall then be put into practice.
Should the necessity for any alterations in particular Articles or for supplementary clauses to the above provisions make itself apparent later on, this can only be given effect to as the result of a mutual agreement between the Governor of the Province of Shantung for the time being and the Railway Company.
The foregoing Agreement has been executed in duplicate, both copies having been drawn up in German and in Chinese of the same tenor, and one copy having been handed to each party to the Agreement.
Chinanfu, the 21st March, 1900, or, according to Chinese reckoning, the 21st day
of the 2nd moon of the 26th year of the Emperor Kuang Hsü.
The Governor of the Province of Shantung,
(Signed)
(Seal.)
YUAN SHIH-K'AI.
The Imperial Delegate, Lieutenant-General,
(Signed) YIN CHANG.
The Board of Management of the Shantung
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Railway Company,
(Signed) H. HILDEBRAND.
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