CO129-362 - Public Offices - 1909 — Page 505

As I wished to be informed exactly as to the actual working of the system under these regulations, I requested His Majesty's consul-general at Mukden to furnish me with a report based upon his knowledge of local conditions. Mr. Willis's information confirms what has been written above. He adds that the governor-general of Kuantung is charged with the general supervision of the railway, and is responsible for the maintenance of a police force in the various settlements, the control of which is delegated by him to the local Japanese consular official.

For executive purposes inside the settlement limits the Japanese consul is regarded as the agent of the Kuantung Government, and reports to the governor-general, and not to the Foreign Office at Tokyo, while appeals from the decisions of the settlement magistrates lie to the courts in the leased territory instead of to the consular courts.

It is true that the regulations provide that the railway company may establish, if necessary, councils in each settlement, but they are mere advisory boards appointed by the railway officials themselves, and their only power is to answer questions addressed to them by the director of the settlement. So far even this limited machinery for arriving at some sort of popular expression of views has only been established in two or three places. The principle of extra-territoriality of the settlements has been carefully maintained, and although Chinese subjects reside in them in considerable numbers the Chinese officials are not allowed to participate in any way in the administration.

Mr. Willis says that, as far as he is aware, no European or American has hitherto resided or applied to reside in the railway territory, but the question of their residence and position there is likely to arise sooner or later. Although it is true that at Mukden there has been no attempt to convert the railway settlement into a commercial town, yet at Antung the South Manchurian Railway Company or the Japanese Government control practically all the land desirable for residential sites, and a very excessive proportion of the available river frontage, and Mr. Willis has learnt that at Liaoyang and Tiehling Japanese towns of considerable size have already sprung up between the railway station and the Chinese cities, and the land held by the company at every important centre is of sufficient to admit of the establishment of similar towns.

To sum up the whole administrative machinery in the Japanese settlements is purely official--there is no recognitition of China's sovereign rights; no participation by China in the governance of inatters concerning her own subjects; and no recognition, implied or otherwise, of the rights of the subjects of Treaty Powers. The practical withdrawal of tracts of Chinese soil from the area in which the Chinese authorities are to exercise authority, and the subjects of foreign Powers are to enjoy the rights secured to them by treaty with China, undoubtedly runs counter not only to the text of the international arrangements into which China has entered, but also the spirit and intention of the recent Sino-Russian agreement. The question is more likely to increase in importance than otherwise, for, as I have already pointed out, the railway administration owns practically all the desirable land in every important centre, and the probable growth of these communities will consequently take place on territory to which the Japanese claims of administration will apply.

It appears to me, therefore, that Mr. Ishii was rather optimistic in his statement, and that not only would a proposal from the Chinese Government to enter into an arrangement similar to that concluded with Russia prove very embarrassing to Japan, but that a rigid adherence to her present system of government in the settle- ments may well in the future involve her in difficulties with the treaty. Powers, whose rights she will be disregarding.

Mr. Willis reports that the Japanese consul-general had admitted to him that, although the Japanese Government held that under the Russo-Chinese agreement of 1896 they possessed exclusive rights of administration in the railway area, yet they would, he thought, in view of the recent Harbin agreement, be forced sooner or later to take up this question with the Chinese Government.

I have, &c.

(In the absence of His Majesty's Minister),

W. G. MAX MÜLLER

ffice or Individual.

Sign Office

1909

3 Sept.

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503

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Mr. Stukt. Collins

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