THE TREATY OF PEACE

(_Official translation._)

His Majesty the Emperor of Japan and His Majesty the Emperor of China,

desiring to restore the blessings of peace to their countries and

subjects and to remove all cause for future complications, have named

as their plenipotentiaries for the purpose of concluding a treaty of

peace, that is to say:

His Majesty the Emperor of Japan, Count Ito Hirobumi, Junii, grand

cross of the imperial order of the Paullownia, minister president of

state, and Viscount Mutsu Munemitsu, Junii, first class of the imperial

order of the Sacred Treasure, minister of state for foreign affairs;

and His Majesty the Emperor of China, Li Hung-chang, senior tutor

to the heir apparent, senior grand secretary of state, minister

superintendent of trade for the northern ports of China, viceroy of

the province of Chihli and earl of the first rank, and Li Ching-Fong,

ex-minister of the diplomatic service, of the second official rank;

who, after having exchanged their full powers, which were found to be

in good and proper form, have agreed to the following articles:

Art. 1. China recognises definitively the full and complete

independence and autonomy of Korea, and in consequence the payment of

tribute and the performance of ceremonies and formalities by Korea to

China in derogation of such independence and autonomy shall wholly

cease for the future.

Art. 2. China cedes to Japan in perpetuity and sovereignty the

following territories together with all fortifications, arsenals and

public property therein:

(_a_) The southern portion of the province of Fêng-Tien within the

following boundaries:

The line of demarcation begins at the mouth of the River Yalu and

ascends that stream to the mouth of the River Anping; from thence

the line runs to Funghwang; from thence to Haiching, from thence to

Yingkow, forming a line which describes the southern portion of the

territory. The places above named are included in the ceded territory.

When the line reaches the River Liao at Yingkow it follows the course

of that stream to its mouth, where it terminates. The mid-channel of

the River Liao shall be taken as the line of demarcation.

The cession also includes all islands appertaining or belonging to the

province of Fêng-Tien situated in the eastern portion of the bay of

Liaotung and in the northern part of the Yellow Sea.

(_b_) The Island of Formosa, together with all islands appertaining or

belonging to the said Island of Formosa.

(_c_) The Pescadores Group, that is to say, all islands lying between

the 119th and 120th degrees of longitude east of Greenwich and the 23rd

and 24th degrees of north latitude.

Art. 3. The alignments of the frontiers described in the preceding

article shall be subject to verification and demarcation on the

spot, by a joint commission of delimitation consisting of two or

more Japanese and two or more Chinese delegates to be appointed

immediately after the exchange of the ratifications of this act. In

case the boundaries laid down in this act are found to be defective

at any point, either on account of topography or in consideration of

good administration, it shall also be the duty of the delimitation

commission to rectify the same.

The delimitation commission will enter upon its duties as soon as

possible, and will bring its labours to a conclusion within the period

of one year after appointment.

The alignments laid down in this act shall, however, be maintained

until the rectifications of the delimitation commission, if any are

made, shall have received the approval of the governments of Japan and

China.

Art. 4. China agrees to pay to Japan as a war indemnity the sum of

200,000,000 Kuping Taels. The said sum to be paid in eight instalments.

The first instalment of 50,000,000 taels to be paid within six months,

and the second instalment of 50,000,000 taels to be paid within twelve

months, after the exchange of the ratifications of this act. The

remaining sum to be paid in six equal annual instalments, as follows:

The first of such equal annual instalments to be paid within two

years; the second within three years; the third within four years; the

fourth within five years; the fifth within six years, and the sixth

within seven years, after the exchange of the ratification of this

act. Interest at the rate of 5 per centum per annum shall begin to run

on all unpaid portions of the said indemnity from the date the first

instalment falls due.

China shall, however, have the right to pay by anticipation at any

time any or all of the said instalments. In case the whole amount of

the indemnity is paid within three years after the exchange of the

ratification of the present act, all interest shall be waived and

the interest for two years and a half or for any less period if then

already paid shall be included as a part of the principal amount of the

indemnity.

Art. 5. The inhabitants of the territories ceded to Japan, who wish

to take up their residence outside the ceded districts, shall be at

liberty to sell their real property and retire. For this purpose a

period of two years from the date of the exchange of the ratifications

of the present act shall be granted. At the expiration of that period

those of the inhabitants who shall not have left such territories

shall, at the option of Japan, be deemed to be Japanese subjects.

Each of the two governments shall, immediately upon the exchange of

the ratifications of the present act, send one or more commissioners

to Formosa to effect a final transfer of that province; and within the

space of two months after the exchange of the ratifications of this act

such transfer shall be completed.

Art. 6. All treaties between Japan and China having come to an end in

consequence of the war, China engages, immediately upon the exchange

of the ratifications of this act, to appoint plenipotentiaries to

conclude, with the Japanese plenipotentiaries, a treaty of commerce and

navigation and a convention to regulate frontier intercourse and trade.

The treaties, conventions and regulations now subsisting between China

and European powers shall serve as a basis for the said treaty and

convention between Japan and China. From the date of the exchange of

the ratifications of this act until the said treaty and convention are

brought into actual operation, the Japanese government; its officials;

commerce; navigation; frontier intercourse and trade; industries; ships

and subjects, shall, in every respect, be accorded by China the most

favoured nation treatment.

China makes in addition the following concession, to take effect six

months after the date of the present act:

1st.—The following cities, towns and ports, in addition to those

already opened, shall be opened to the trade, residence, industries and

manufactures of Japanese subjects, under the same conditions and with

the same privileges and facilities as exist at the present in cities,

towns, and ports of China:

1.—Shashih in the Province of Hupeh.

2.—Chungking in the Province of Szechüan.

3.—Soochow in the Province of Kianghsu.

4.—Hangchow in the Province of Chekiang.

The Japanese government shall have the right to station consuls at any

or all of the above-named places.

2nd.—Steam navigation for vessels under the Japanese flag for the

conveyance of passengers and cargo shall be extended to the following

places:

1.—On the Upper Yangtsze River, from Ichang

to Chungking.

2.—On the Woosung River and the Canal, from

Shang-hai to Soochow and Hangchow.

The rules and regulations which now govern the navigation of the inland

waters of China by foreign vessels shall, so far as applicable, be

enforced in respect of the above-named routes, until new rules and

regulations are conjointly agreed to.

3rd.—Japanese subjects purchasing goods or produce in the interior of

China shall have the right temporarily to rent or hire warehouses for

the storage of the articles so purchased or transported, without the

payment of any taxes or exactions whatever.

4th.—Japanese subjects shall be free to engage in all kinds of

manufacturing industries in all the open cities, towns and ports of

China, and shall be at liberty to import into China all kinds of

machinery, paying only the stipulated import duties thereon.

All articles manufactured by Japanese subjects in

China, shall, in respect of inland transit and internal

taxes, duties, charges and exactions of all kinds, and

also in respect of warehousing and storing facilities

in the interior of China, stand upon the same footing

and enjoy the same privileges and exemptions as

merchandise imported by Japanese subjects into China.

In the event of additional rules and regulations

being necessary in connection with these concessions,

they shall be embodied in the treaty of commerce and

navigation provided for by this article.

Art. 7. Subject to the provisions of the next succeeding article, the

evacuation of China by the armies of Japan shall be completely effected

within three months after the exchange of the ratifications of the

present act.

Art. 8. As a guarantee of the faithful performance of the stipulations

of this act, China consents to the temporary occupation of the military

forces of Japan of Wei-hai-wei in the Province of Shan-tung.

Upon the payment of the first two instalments of the war indemnity,

herein stipulated, this place shall be evacuated by the Japanese

forces, provided the Chinese government consents to pledge, under

suitable and sufficient arrangements, the customs revenue of China as

security for the payment of the principal and interest of the remaining

instalments of the said indemnity. In the event no such arrangements

are concluded, such evacuation shall only take place upon the payment

of the final instalment of the said indemnity.

It is, however, expressly understood that no such evacuation shall take

place until after the exchange of the ratifications of the treaty of

commerce and navigation.

Art. 9. Immediately upon the exchange of the ratifications of this act

all prisoners of war then held shall be restored, and China undertakes

not to ill-treat or punish prisoners of war so restored to her by

Japan. China also engages to at once release all Japanese subjects

accused of being military spies or charged with any other military

offences. China further engages not to punish in any manner, nor to

allow to be punished, those Chinese subjects who have in any manner

been compromised in their relations with the Japanese army during the

war.

Art. 10. All offensive military operations shall cease upon the

exchange of the ratifications of this act.

Art. 11. The present act shall be ratified by Their Majesties the

Emperor of Japan and the Emperor of China, and ratifications shall be

exchanged at Chefoo, on the 8th day of the 5th month of the 28th year

of Meiji, corresponding to 14th day of the 4th month of the 21st year

of Kuang-Hsü (May 8th, 1895).

In witness whereof, the respective plenipotentiaries have signed the

same and have affixed thereto the seal of their arms.

Done at Shimonoseki, in duplicate, this 17th day of the 4th month of

the 28th year of Meiji, corresponding to the 23rd day of the 3rd month

of 21st year of Kuang-Hsü.

COUNT ITO HIROBUMI [L.L.],

_Junii; grand cross of the imperial order of the

Paullownia; minister president of state; plenipotentiary

of His Majesty the Emperor of Japan._

VISCOUNT MUTSU MUNEMITSU [L.L.],

_Junii; first class of the imperial order of the Sacred

Treasure; minister of state for foreign affairs;

plenipotentiary of His Majesty the Emperor of Japan._

LI HUNG-CHANG [L.L.],

_plenipotentiary of His Majesty the Emperor of China,

senior tutor to the heir apparent; senior grand

secretary of state; minister superintendent of trade for

the northern ports of China; viceroy of the province

of Chihli and earl of the first rank._

LI CHING-FONG,

_plenipotentiary of His Majesty the Emperor of China,

ex-minister of the diplomatic service of the

second official rank._

The Imperial Japanese Navy · 第 160 / 174 题