TREATY BETWEEN CHINA AND JAPAN
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Art. XVI.-Any Japanese merchant vessel arriving at an open port of China shall be at liberty to engage the services of a pilot to take her into port. In like manner, after she has discharged all legal dues and duties and is ready to take her departure, she shall be allowed to employ a pilot to take her out of port.
Art. XVII.—Japanese merchant vessels compelled on account of injury sustained or any other cause, to seek a place of refuge, shall be permitted to enter any rearest port of China, without being subject to the payment of tonnage dues or duties upon goods lauded in order that repairs to the vessel may be effected, provided the goods so landed remain under the supervision of the Customs authorities. Should any such vessel be stranded or wrecked on the coast of China, the Chinese authorities stall immediately adopt measures for rescuing the passengers and crew and for securing the vessel and cargo. The persons thus saved shall receive friendly treatment, and, if necessary, shall be furnished with means of conveyance to the nearest Consular station. Should any Chinese merchant vessel be compelled on account of injury sustained or any other cause to seek a place of refuge in the nearest port of Japan, she shall likewise be treated in the same way by the Japanese authorities.
Art. XVIII.-The Chinese authorities at the several open ports shall adopt such means as they judge most proper to prevent the revenue suffering from fraud or smuggling.
Art. XIX.-If any Japanese vessel be plundered by Chinese robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates and to recover and restore the stolen property.
Art. XX.-Jurisdiction over the persons and property of Japanese subjects in China is reserved exclusively to the duly authorized Japanese authorities, who shall bear and determine all cases brought against Japanese subjects or property by Jap- anese subjects or by the subjects or citizens of any other Power, without the interven tion of the Chinese authorities.
Art. XXL-If the Chinese authorities or a Chinese subject make any charge or complaint of a civil mature against Japanese subjects or in respect of Japanese property in China, the case shall be heard and decided by the Japanese authorities. In like manner all charge and complaints of a civil nature brought by Japanese authorities or subjects in China against Chinese subjects or in respect of Chinese property, shall be heard and determined by the Chinese authorities.
Art. XXII.-Japanese subjects, charged with the commission of any crimes or offences in China, shall be tried and, if found guilty, punished by the Japanese authorities according to the laws of Japan.
In like manner Chinese subjects charged with the commission of any crimes or offences against Japanese subjects in China, shall be tried and, if found guilty, punished by the Chinese authorities according to the laws of China.
Art. XXIII. Should any Chinese subject fail to discharge debts incurred to a Japanese subject or should he fraudulently abscond, the Chinese authorities will do their utmost to effect his arrest, and enforce recovery of the debts. The Japanese Authorities will likewise do their utmost to bring to justice any Japanese subject who fraudulently absconds or fails to discharge debts incurred by him to a Chinese subject.
Art. XXIV.-If Japanese subjects in China who have committed offences or have failed to discharge debts and fraudulently abscond, should flee to the interior of China or take refuge in houses occupied by Chinese subjects or on board of Chinese ships, the Chinese authorities shall, at the request of the Japanese Consul, deliver them to the Japanese authorities.
lu like manner if Chinese subjects in China who have committed offences or have failed to discharge debts and fraudulently abscond, should take refuge in houses occupied by Japanese subjects in China or on board of Japanese ships in Chinese waters, they shall be delivered up at the request of the Chinese authorities made to the Japanese authorities.
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