Supplementary Agreement "B" Regarding Abolition of Extraterritoriality November 5, 1937 In signing today the Treaty between Japan and Manchoukuo concerning the Abolition of Extraterritoriality in Manchoukuo and the Transfer of the Administrative Rights over the South Manchuria Railway Zone, the respective Plenipotentiaries of the two countries have agreed as follows with reference to communication and allied business in Manchoukuo: Article 1. Of the communication business within the South Manchuria Railway Zone, that which relates to third countries shall be conducted and controlled by the Japanese Administrations until the time to be decided upon by consultation between the Japanese Ambassador Extraordinary and Plenipotentiary to Manchoukuo and the Prime Minister of Manchoukuo. Article 2. The Government of Japan may entrust to the Government of Manchoukuo the conduct of business of a kind which exists under the internal system of Japan but which does not exist under the internal system of Manchoukuo, and of other kinds of business which are considered to be of special necessity. The kind and the scope of the business to be so entrusted shall be provided for in a business agreement to be concluded between the competent authorities of Manchoukuo and of Japan. The Government of Manchoukuo shall, with all the attention required of a bona fide trustee, dispose of the business entrusted to them under the preceding paragraph, on behalf of the Government of Japan, in accordance with the provisions of her laws and ordinances. The Government of Japan, shall pay to the Government of Manchoukuo fees for the disposal of the business entrusted to the latter. Article 3. The currency to be used in connection with the business entrusted under the preceding Article shall be Manchoukuo currency. The rate of exchange between Japanese and Manchoukuo currencies shall be decided upon by consultation between the competent authorities of Japan and of Manchoukuo. Article 4. Matters relating to the operation of the present agreement shall be provided for in a business agreement to be concluded between the competent authorities of Japan and of Manchoukuo. Article 5. The Protocol of Signature attached to the Treaty between Japan and Manchoukuo concerning Postal Business signed at Hsinking on the twenty-sixth of December, the Tenth Year of Showa, corresponding to the twenty-sixth of December, the Second Year of Kangte, shall cease to be in force. Article 6. The present Agreement shall come into force simultaneously In witness whereof, the Plenipotentiaries of Japan and of Manchoukuo have signed this agreement and affixed their seals thereto. Done at Hsinking this Fifth Day of the Eleventh Month of the Twelfth Year of Showa, corresponding to the Fifth Day of the Eleventh Month of the Fourth Year of Kangte. (L.S.) Kenkichi Uyeda, Ambassador Extraordinary and Plenipotentiary of Japan to Manchoukuo (L.S.) Chang Ching-hui, Prime Minister of Manchoukuo. Source: Sixth Report on Progress in Manchuria to 1939, South Manchurian Railway Company, Dairen, 1939, pp. 173,174. : I. Agreed Terms of Understanding between the Plenipotentiaries of Japan and of Manchoukuo concerning Communication and Allied Business in Manchukuo November 5, 1937 The Government of Manchoukuo shall recognize the use of Japanese currency until the time to be decided upon by consultation between the competent authorities of Japan and of Manchoukuo. II. The Competent authorities of Manchoukuo shall keep in close contact with the competent authorities of Japan with reference to the improvement and operation of the system and equipment concerning the business entrusted! III. Done at Hsinking this Fifty Day of the Eleventh Month of the Twelfth Year of Showa, corresponding to the Fifth Day of the Eleventh Month of the Fourth Year of Kangte. Source: (L.S.) Kenkichi Uyeda, Ambassador Extraordinary and Plenipotentiary of Japan to Manchoukuo. (L.S.) Chang Ching-hui, Prime Minister of Manchoukuo. Sixth Report on Progress in Manchuria to 1939, South Manchurian Statement by the Japanese Foreign Office Spokesman November 5, 1937 The Keynote of the Japanese Government's policy toward Manchoukuo lies in consolidating the inseparable relationship between Japan and Manchoukuo and in furthering the healthy development of Manchoukuo as an independent State. Accordingly this Government, in conformity with this basic policy, has been taking various measures for the strengthening of that immutable relationship, trusting that Manchoukuo will achieve a wholesome development through the perfection of its political, economic, financial and other organs of government, and that as a powerful State of East Asia, side by side with Japan, it will contribute toward ensuring peace of the Orient. Therefore, deeming it appropriate to effect, as soon as circumstances permitted, the abolition or transfer of Japan's treaty rights in Manchoukuo such as her extraterritorial rights and her administrative rights in, the South Manchuria Railway Zone, the Japanese Government decided upon its line of policy at a Cabinet meeting held on August 9, 1934. As the first step toward its realization, the treaty between Japan and Manchoukuo concerning the residence of Japanese subjects, taxation, et cetera, in Manchoukuo was concluded on June 10 of last year, by which instrument this Government recognized the partial application of the administrative laws and ordinances of Manchoukuo concerning taxation, industries, et cetera, to Japanese subjects residing in Manchoukuo. Manchoukuo has since made strenuous endeavours toward the perfection of the necessary systems and organs and the completion of other preliminaries for the enforcement of complete abolition or transfer of our extraterritorial rights and our administrative rights in the South Manchuria Railway Zone. Its success in this regard has sufficiently fulfilled our expectations; while the actual results of the enforcement of the treaty signed on June 10 of last year have proved eminently successful regarding the abolition of extraterritorial rights and the transfer of administrative rights in the South Manchuria Railway Zone. 1. The present instrument consists of three parts, namely, the treaty itself, supplementary agreements A and B, and agreed terms of understanding (pertaining to the supplementary agreements A and B). Of these, the treaty provides for basic matters pertaining to the abolition of extraterritorial rights and to the transfer of administrative rights in the South Manchuria Railway Zone; the supplementary agreement A, for matters pertaining to the manner and conditions of the abolition of extraterritorial rights and of the transfer of administrative rights in the South Manchuria Railway Zone; the supplementary agreement B, for matters pertaining to communications, and the agreed terms of understanding for matters of detail pertaining to these supplementary agreements. 2. Under the present treaty, extraterritorial rights and also administrative rights in the South Manchuria Railway Zone are in principle wholly abolished or transferred simultaneously with the coming into force of the treaty. Consequently, Japanese subjects in Manchoukuo are to be subject to the laws and ordinances, as well as to the jurisdiction of the Law Courts, of Manchoukuo. Japanese juridical persons who have head offices or principal offices within the territory of Manchoukuo also uniformly become juridical persons of Manchoukuo. 3. However, in carrying out such a far-reaching undertaking as the abolition of extraterritorial rights and the transfer of administrative rights in the South Manchuria Railway Zone, obviously there must be provided certain exceptions as measures of expediency, or as special measures concerning special matters. The present treaty contains accordingly various provisions of such nature, to wit, Article 3 of supplementary agreement A provides, as a transitional measure, that civil and penal cases and noncontentious cases pending in Japanese consular courts at the time of the coming into force of the treaty shall continue to be dealt with and disposed of by Japanese courts as hitherto. Other articles also contain various provisions relative to transitional measures. Moreover, as exceptional measures concerning special matters, Articles 14, 15 and 16 provide that shrines belonging to Japanese subjects in Manchoukuo, and the educational and military affairs of Japanese subjects there, shall continue to be administered by Japanese within certain specified limite, in view of the character of each of these matters as well as of circumstances attending Japanese subjects in Manchoukuo. As regards exceptional measures pertaining to the business of communication and business supplementary thereto, provisions therefor are contained in Articles 1 and 2 of supplementary agreement B. 4. For the protection of the legitimate rights and interests of Japanese subjects in connection with the abolition of extraterritorial rights and the transfer of administrative rights in the South Manchuria Railway Zone, the present treaty contains various provisions, of which the following are the principal: .(1.) That the Manchoukuo Government shall accord to the persons (3) That the Manchoukuo Government shall accord all necessary In short Japanese extraterritorial rights and administrative rights in the South Manchuria Railway Zone are in principle either wholly abolished or transferred under the present treaty simultaneously with its coming into force. In the light of the fact that Manchoukuo ever since her establishment as a State has been diligently engaged in the. |