[Enclosure]
Note of the Japanese Government to China,
October 1958
The Japanese Government have submitted to their most careful
consideration the memorandum of the Chinese Government dated October
5th relative to the Shantung question. The Japanese Government,
animated as they have long been by a keen desire for a speedy
settlement of this question, have hitherto spared no efforts to
achieve its realization. In fact, directly the treaty of peace with
Germany came into force in January last year, the Japanese
Government invited the Chinese Government to enter into negotiations
on this subject. No response, however, was returned from China for
several months. When it eventually came it simply expressed
unreadiness to proceed with direct negotiations with Japan on the
ground of China’s nonadherence to the treaty of peace with Germany
as well as opposition on the part of the general public to such
steps. Whereupon the Japanese Government, while inviting the Chinese
Government to reconsider the matter for reasons then advanced, made
known their willingness to open negotiations with China at any
moment considered opportune by her. More than twelve months have
elapsed since then. Throughout that time the Japanese Government
have been patiently waiting for the advent of a good opportunity for
taking up this question, always hoping that the time may arrive when
calm and fair counsels may prevail among the Government and the
people of China.
In the meantime the attitude of the authorities concerned in China
has undergone a considerable change. On more than one occasion they
made it known to the Japanese Government that they were desirous of
opening pourparlers with Japan on this
subject. In particular on the eve of Mr. Obata’s departure for Japan
in May last the Chinese Foreign Minister expressed to him his ardent
desire to see a concrete project presented by Japan couched in just
and reasonable terms, such as would simultaneously be deemed fair by
all parties. Subsequently the authorities concerned in China
confidentially presented to the Japanese Government a certain
project in regard to this question and later they expressed, though
unofficially, their readiness to open negotiations with Japan.
The Japanese Government, prompted by the desire to reach a
satisfactory and speedy settlement of this question and taking into
full account the Chinese project above referred to, made overtures
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to the Chinese
Government, September 7th last,59 embodying most generous and fair terms and
invited the deliberate consideration of that government.
Contrary, however, to the expectation of the Japanese Government, the
Chinese Government in their memorandum under consideration expressed
their unwillingness to proceed for the time being with the
negotiation in question on the ground that the terms of settlement
as proposed by the Japanese Government fell short of convincing them
of the sincerity of Japan’s desire to settle this question. Further,
they used at the beginning of their memorandum an expression
characterizing most of the Japanese declarations hitherto made as
hollow and devoid of meaning. The Japanese Government keenly regret
for the sake of China that such a derogatory expression, contrary to
the principles of international courtesy, should have been used by
her.
Furthermore, contentions put forward by China vis-a-vis the Japanese project are inexplicit and in
particular there are a number of points on which the Japanese
Government invite the reconsideration of the Chinese Government. For
instance, argument is advanced by her that the rights formerly
enjoyed by Germany in regard to the lease of Kiaochow, having
totally expired in consequence of China’s declaration of war against
Germany, should be restored to China without conditions. This not
only is an argument hardly warranted by the principles and usages of
international law or by treaties in existence between China and
Japan but may be said to aim at the frustration of effects of the
Versailles Treaty.
On May 20th last the German representative in China declared in his
statement addressed to the Chinese Foreign Minister that by virtue
of the Versailles Treaty Germany had renounced all her rights and
interests which she formerly enjoyed in Shantung under Sino-German
agreements and that she was no longer capable of restoring them
direct to China. This declaration having been duly taken note of by
the Chinese Government they are deemed to be fully cognizant of the
effects produced by the Versailles Treaty. It will be remembered
that the Chinese declaration of war with Germany was made in August
1917 when more than two years had already elapsed since the transfer
of former German rights to Japan had been fully recognized by China
in virtue of the Sino-Japanese treaty concerning Kiaochow and other
matters. China made her declaration of war only at the instance of
the allied powers, receiving in return for her action various
advantages at their hands, and Chinese efforts in the war amounted
to deportation of Germans and Austrians from China and the despatch
of workmen to France.
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The Chinese contention therefore that the rights of lease expired
entirely as a natural consequence of the Chinese declaration of war
against Germany may be said to be tantamount to wholesale negation
of treaties in existence as well as of all established facts. The
Japanese Government cannot but conclude that China has no respect
for the fundamental idea which should govern negotiations of the
Shantung question.
As regards the Chinese assertion concerning the Shantung railway, it
appears that she intends to place its management under her own
complete control and to leave for the time being one-half of the
whole value of the railway unpaid. Japan, while entertaining no
intention whatever of operating the railway exclusively by herself
in any manner, is unable, in view of the actual railway conditions
obtaining in China, to concur in the suggestion that the railway
management should be left entirely in the hands of the Chinese
Government. In a word, Japan’s desire is to operate the railway in
the most successful manner by means of harmonious co-operation of
both countries.
It will be recalled that the Shantung railway was operated by Germany
alone so long as it remained in her hands and that Japan has taken
it over from her at the sacrifice of lives and treasure. In spite of
that, Japan intends to work it as a joint enterprise with China on
the basis of utmost impartiality.
Further, it was in September 1918, a date long after the Chinese
declaration of war against Germany, that it was arranged between
China and Japan to operate the Shantung Railway as their joint
enterprise. The Japanese Government are therefore unable to
understand the Chinese contention in this respect, impugning the
Japanese claim as being an act which violates Chinese
sovereignty.
It is to be observed that the reparation commission after having duly
appraised the value of the Shantung Railway, together with
appertaining mines, placed it to the credit account of Germany with
a view to setting it off against the indemnity to be paid by that
Power. It is therefore inadmissible that China should claim to
retain one-half of such railway properties in her hands without
conditions.
As regards the Japanese proposal relative to public property of
Germany, the Japanese, while ready in principle to restore the
socalled administrative public property to China, has no intention
whatever of retaining all other public property in her hands, her
wish being to make, in the interest not only of the people of China
and Japan, but also of the foreign population in general, a
satisfactory arrangement with China looking to impartial disposition
of such property. The Chinese claim to hold it entirely in Chinese
hands is one which can hardly be justified in the nature of the
case.
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Moreover, the Japanese Government must confess that they are unable
to comprehend the Chinese assertion that the Japanese project is
entirely at variance with the principles underlying all treaties
between China and foreign powers. The Japanese Government, however,
are happy to declare hereby that whenever the Chinese Government, in
full appreciation of the main purpose of the Japanese proposal and
upon giving more deliberate consideration to the question now at
issue, and in the interest of cordial relations between China and
Japan, shall express their willingness to open negotiations Japan
will always be found ready to embark upon such negotiations.
