Directory_and_Chronicle_1929 — Page 162

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SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA

Art. II.-The Chinese Government agrees to permit Japanese steamship. owners to erect, at their own expense, appliances for hauling through the rapids of that part of the Yangtzekiang between Ichang and Chungking; but as the interests of the population of the provinces of Szechuen, Hunan and Hupeh are involved, it is there- fore necessary that the approval of the Imperial Maritime Customs be obtained before such appliances may be so erected. These appliances, which shall be at the disposal of all vessels, both steamers and junks, shall not obstruct the waterway nor interfere with the free passage of junks or of persons on the banks on the river. Such ap- pliances shall be subject to special regulations to be drawn up by the Imperial Customis.

Art. III.-The Chinese Government agrees that any Japanese steamer capable of navigating the inland waterways, upon reporting at the Imperial Maritime Cus- toms, may proceed for the purpose of trade from a Treaty Port to places inland so reported, on complying with the Original and Supplementary Regulations for Steam Navigation Inland.

Art. IV. In case Chinese subjects conjointly with Japanese subjects organise a partnership or company for a legitimate purpose, they shall equitably share the profits and losses with all the members according to the terms of the agreement or memorandum and articles of association and the regulations framed thereunder, and they shall be liable to the fulfilment of the obligations imposed by the said agreement or memorandum and articles of association and the regulations framed thereunder, as accepted by them and as interpreted by the Japanese Courts. Should they fail to fulfil the obligations so imposed and legal action be taken against them in consequence, Chinese Courts shall at once enforce fulfilment of such obligations. It is understood that in case Japanese subjects conjointly with Chinese subjects organise a partnership or company, they shall also equitably share the profits and losses with all the members according to the terms of the agreement or memorandum and articles of association and the regulations framed thereunder. Should such Japanese subjects fail to fulfil any of the obligations imposed by the said agreement or memorandum and articles of association, or by the regulations framed thereunder, Japanese Courts shall in like manner at once enforce fulfilment of such obligations by them.

Art. V. The Chinese Government agrees to make and faithfully enforce such regulations as are necessary for preventing Chinese subjects from infringing regis- tered trade-marks held by Japanese subjects. The Chinese Government likewise agrees to make such regulations as are necessary for affording protection to registered copyrights held by Japanese subjects in the books, pamphlets, maps and charts written in the Chinese language and specially prepared for the use of Chinese people. It is further agreed that the Chinese Government shall establish registration offices where foreign trade-marks and copyrights held by Japanese subjects in protec- tion of the Chinese Government shall be registered in accordance with the provisions of the regulations to be hereafter framed by the Chinese Government for the purpose of protecting trade-marks and copyrights. It is understood that Chinese trade- marks and copyrights properly registered according to the provisions of the laws and regulations of Japan will receive similar protection against infringement in Japan.

This Article shall not be held to protect against due process of law any Japanese or Chinese subject who may be the author, proprietor, or seller of any publication calculated to injure the well-being of China.

Art. VI.-China agrees to establish itself, as soon as possible, a system of uniform national coinage, and provide for a uniform national currency, which shall be freely used as legal tender in payment of all duties, taxes and other obligations by Japanese subjects as well as by Chinese subjects in the Chinese Empire. It is understood, however, that all Customs duties shall continue to be calculated and paid on the basis of the Haikwan Tael.

Art. VII. As the weights and measures used by the mercantile and other classes for general and commercial purposes in the different provinces of China vary and do not accord with the standards fixed by the Imperial Government Boards, thus