SUPPLEMENTARY AGREEMENT (A)
In signing to-day 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:
CHAPTER I
JURISDICTION
ARTICLE I
The system of consular courts existing for Japanese subjects in Manchoukuo shall, simultaneously with the coming into force of the treaty, cease to be in force, and thereafter Japanese subjects shall come within the jurisdiction of the law courts of Manchoukuo.
ARTICLE II
The Government of Manchoukuo engage to guarantee to the lives and property of Japanese such judicial protection as conforms to international law and the general principles of law.
ARTICLE III
Contentious cases, civil and penal, and non-contentious cases which remain pending at the consular courts of Japan at the time of the coming into force of the treaty, shall continue to be disposed of in pursuance of the procedure hitherto followed, and, for the purposes of that disposal, the jurisdiction of the consular courts of Japan shall continue to be in full force.
In all matters that relate to the cases to be disposed of under the preceding paragraph, the competent authorities of Manchoukuo shall afford aid on request by the competent authorities of Japan.
ARTICLE IV
With regard to criminal acts committed by Japanese subjects before the coming into force of the treaty, the law courts of Manchoukuo are competent to try and
decide concerning the said acts, only when such acts either contravene the penal laws and regulations of Japan in force at the time they were committed and also constitute punishable offences under the penal laws and regulations of Manchoukuo, or contravene those penal laws and regulations of Manchoukuo the application of which to Japanese subjects has been approved by Japan.
The Government of Manchoukuo engage not to punish more severely than under the laws and ordinances of Japan the criminal acts of Japanese subjects referred to in the preceding paragraph.
ARTICLE V
With regard to any of the offences under Articles LXXIII to LXXIX, LXXXI to LXXXIX and CXCVII of the Criminal Code of Japan, or under the Japanese Law for the Preservation of the Public Peace, which were committed by Japanese subjects within the territories of Manchoukuo before the coming into force of the treaty, the Government of Manchoukuo shall deliver the offenders, together with the relevant evidence, to the Government of Japan.
ARTICLE VI
Those criminal cases in which searches are being made by Japanese consular officers at the time of the coming into force of the treaty and which can be punished under the laws and ordinances of Manchoukuo shall, together with the relevant documents and evidence, be taken over by the competent authorities of Manchoukuo.
With regard to the cases taken over under the preceding paragraph ,the Government of Manchoukuo shall recognize the procedure which was, before they were so taken over, fulfilled under the laws and ordinances of Japan in respect of accusation, prosecution, self-surrender and search, as having the same validity as if it were fulfilled under the laws and ordinances of Manchoukuo.
ARTICLE VII
The Government of Manchoukuo shall recognize the validity of the titles of debt drawn up under the laws and ordinances of Japan before the coming into force of the treaty. The same shall apply to the titles of debt drawn up in respect of cases to be disposed of under the first paragraph of Article III of the present agreement.
ARTICLE VIII
The Government of Manchoukuo shall recognize the registrations effected before the coming into force of the treaty by Japanese consular officers under the laws and ordinances of Japan as having the same validity as if effected by the competent authorities of Manchoukuo under the laws and ordinances of that country.
CHAPTER II
Administration over the South Manchuria Railway Zone
ARTICLE IX
The Government of Japan shall, simultaneously with the coming into force of the treaty, transfer to the Government of Manchoukuo administration relating to taxation, police, communications, et cetera, over the South Manchuria Railway Zone.
ARTICLE X
The Government of Manchoukuo engage, after the transfer of administration under the preceding article, to take appropriate steps, in administering the South Manchuria Railway Zone, to prevent interference with the advancement of general culture, the development of industries, et cetera.
ARTICLE XI
The taxes, the imposition of which is within the rights of the Government of Japan at the time of the transfer of the administration over the South Manchuria Railway Zone, shall be levied and collected by the Government of Manchoukuo in accordance with a decision to be made by consultation between the Japanese Ambassador Extraordinary and Plenipotentiary to Manchoukuo and the Prime Minister of that country.
In connection with the stipulations of the preceding paragraph, the Government of Manchoukuo shall deliver to the Government of Japan funds of an amount to be decided upon by consultation between the Japanese Ambassador Extraordinary and Plenipotentiary to Manchoukuo and the Prime Minister of that country.
CHAPTER III
POLICE AND OTHER ADMINISTRATION
ARTICLE XII
Within the territories of Manchoukuo, the Government of Japan shall, simultaneously with the coming into force of the treaty, cease to exercise police and other administration in respect of Japanese subjects, and thereafter they shall come within the jurisdiction of Manchoukuo in regard to such administration.
The Government of Manchoukuo engage, in exercising police and other administration in respect of Japanese subjects, to afford all possible guarantees for the protection of their lives and property.
ARTICLE XIII
Cases concerning police and other matters, which are being dealt with at the time of the coming into force of the treaty by the competent authorities of Japan, shall, as a general principle, be taken over, together with the relevant documents, by the competent authorities of Manchoukuo.
CHAPTER IV
ADMINISTRATION CONCERNING SHRINES, EDUCATION AND MILITARY MATTERS
ARTICLE XIV
The Government of Manchoukuo agree that, within their territories after the coming into force of the treaty, Japan or her subjects shall establish shrines under her own laws and ordinances and her Government shall administer matters relating to such shrines.
ARTICLE XV
The Government of Manchoukuo, with regard to important matters connected with the educational administration to be exercised by them in respect of Japanese subjects, engage, for the time being, to act
in accordance with a decision to be previously made by consultation between the Japanese Ambassador Extraordinary and Plenipotentiary to Manchoukuo and the Prime Minister of that country.
The Government of Manchoukuo agree that, within their territories for the time being after the coming into force of the treaty, Japan or her subjects shall, under her own laws and ordinances, open, conduct or control schools and other educational matters concerning her subjects, in accordance with a decision to be made by consultation between the Japanese Ambassador Extraordinary and Plenipotentiary to Manchoukuo and the Prime Minister of that country.
Within the territories of Manchoukuo, the Government of Japan may, under her own laws and ordinances, establish school associations, and the federations of such associations, with the status of public juridical persons, in order to cause them to open, conduct or control the schools and other educational institutions referred to in the preceding paragraph. The Government of Manchoukuo shall recognize the establishment of such associations and federations.
ARTICLE XVI
The Government of Manchoukuo agree that, within the territories of Manchoukuo after the coming into force of the treaty, administration concerning military enlistment, service, muster, and other military matters in respect of Japanese subjects shall be exercised by the Government of Japan.
ARTICLE XVII
Of the laws and ordinance of Japan to be applied under the present chapter, those which are applicable through judicial procedure shall be applied by the judicial authorities of Japan.
ARTICLE XVIII
The Government of Manchoukuo engage to afford aid in the application, under the present chapter, of the laws and ordinances of Japan, and, for the purposes of affording that aid, to take the necessary steps in accordance with a decision to be made by consultation between the competent authorities of Japan and of Manchoukuo.
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way as the cases under the said paragraph.
IV. Ad Article VIII of the supplementary agreement:
With regard to registrations made under the laws and ordinances of Japan, the Government of Manchoukuo shall regard rights pertaining to immovable property as the similar or analogous rights, and trade marks and managers as such respectively, under the laws and ordinances of Manchoukuo.
V. Ad Article IX of the supplementary agreement:
1. The Government of Manchoukuo shall, as a general principle, establish advisory bodies in places where local committees have hitherto existed, in order that the local authorities of that country can ascertain the opinions of residents within the South Manchuria Railway Zone in respect of such local administration as directly affects the welfare and interests of such residents.
2. The public imposts at present collected by the South Manchuria Railway Company within the Railway Zone shall be abolished simultaneously with the transfer of the administration over the said zone.
VI. Ad Article XV of the supplementary agreement:
1. The education mentioned in the first paragraph of the present article refers, as a general principle, to that concerning primary education.
2. The Government of Manchoukuo shall as far as possible improve and replenish the system of primary education for Japanese subjects: as occasion arises, the Government of Manchoukuo shall grant a reasonable amount of subsidy to bodies conducting such educational work, and the Government of Japan shall also afford them finanical [sic] assistance.
3. The Government of Manchoukuo shall, in accordance with a decision to be made by consultation between the Japanese Ambassador Extraordinary and Plenipotentiary to Manchoukuo and the Prime Minister of that country, pay each year a share of the expenses of the educational work for Japanese subjects conducted by Japanese within the territories of Manchoukuo.
VII. Ad Article XVII of the supplementary agreement:
The judicial authorities of Japan referred to in the present article are, for the time being, her consular officers.
VIII. Ad Article XIX of the supplementary agreement:
The Government of Manchoukuo shall, with regard to the institutions and staffs concerned, taken over by them under the present treaty, take appropriate steps with a view to facilitating the disposal of business relating to the organization of the said institutions, the assignment of the said staffs, et cetera.
IX. Ad Article XX of the supplementary agreement:
The Government of Manchoukuo may cause Japanese subjects to have renewed by that Government the certificates of approval, of permission, of licence, et cetera, issued by the competent authorities of Japan before the coming into force of the treaty, provided that the said Government shall levy no charge in connection therewith.