Treaties, Laws and Speeches

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Treaty

Treaty between Japan and Manchoukuo concerning the Abolition of Extraterritoriality in Manchoukuo, 1937

Type
Treaty
Date
5 November 1937
Parties
Japan · Manchoukuo
Printed in
The Japan Year Book 1939-40, pp. 1138-1139
Section
Treaties

Signed at Hsinking on November 5, 1937

1. 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.

Whereas the Government of Japan, in accordance with the principle of the preamble to the treaty between Japan and Manchoukuo concerning the residence of Japanese subjects, taxation, et cetera, in Manchoukuo signed on the 10th day of the sixth month of the 11th Year of Showa, corresponding to the 10th day of the sixth month of the Third Year of Kangte, and having regard to the results of the operation of the said treaty and also to the improvements introduced into the laws and ordinances and the various systems of Manchoukuo, have decided to abolish completely the right of extraterritoriality at present enjoyed in Manchoukuo by Japan and to transfer entirely the administrative right over the South Manchuria Railway Zone; and

Whereas the Government of Manchoukuo, in response to this decision by the Government of Japan, are now in a position to afford, in the spirit in which their Empire was founded, all the necessary guarantees for further ensuring and enhancing the well-being and prosperity of Japanese subjects in Manchoukuo;

Now, therefore, with reference to abolition of the right of extraterritoriality at present enjoyed in Manchoukuo by Japan and to the transfer of the administrative rights over the South Manchuria Railway Zone, the Governments of Japan and of Manchoukuo have agreed as follows to regulate the relations between the two countries:

ARTICLE I

The Government of Japan shall, in accordance with the stipulations of the supplementary agreements to the present treaty, abolish the right of extraterritoriality at present enjoyed in Manchoukuo by Japan.

ARTICLE II

The Government of Japan shall, in accordance with the stipulations of the supplementary agreement to the present transfer to the Government of Manchoukuo the administrative rights over the South Manchuria Railway Zone.

ARTICLE III

Subject to the stipulations of the supplementary agreement to the present treaty, Japanese subjects shall be governed within the territories of Manchoukuo by the provision of the laws and ordinances of that country.

With regard to the application on the stipulations of the preceding paragraph, Japanese subjects shall not, under any circumstances, be accorded less favourable treatment than that which is or may be accorded to the nationals of Manchoukuo.

The stipulations of the preceding two paragraphs shall, in so far as they are applicable to juridical persons, apply to Japanese juridical persons.

ARTICLE IV

Companies and other juridical persons which have been established under the laws and ordinances of Japan and which have, at the time of the coming into force of the present treaty, head or principal offices within the territories of Manchoukuo shall, simultaneously with the coming into force of the present treaty, be recognized as companies or other juridical persons of a nature similar to or most closely analogous with those established under the laws and ordinances of Manchoukuo.

The Government of Manchoukuo shall recognize the establishment of companies and other juridical persons which have been established under the laws and ordinances of Japan and which have, at the time of the coming into force of the present treaty, branch or subordinate offices within the territories of Manchoukuo.

ARTICLE V

The stipulations of the present treaty shall not prejudice the rights, privileges, immunities and exemptions of particular Japanese subjects or juridical persons based on the special engagements entered into between Japan and Manchoukuo.

ARTICLE VI

The present treaty shall come into force on the first of December, the 12th Year of Showa, corresponding to the first of December, the Fourth Year of Kangte.

ARTICLE VII

The present treaty has been drawn up in Japanese and Chinese texts, and, should

any difference in interpretation arise between the two texts, the Japanese text shall prevail.

Transcription note

Printed heading: "Signed at Hsinking on November 5, 1937". Text begins mid-page after the Indian cotton piece-goods arrangement.

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