The Archive · 1922

SHANTUNG CONFERENCE

Further Difference of Opinion:

The Meaning of "Vested Rights"

Peking, Aug. 4.

It transpires that another difference of opinion developed. at yesterday's session of the Sino-Japanese Commission regarding the difficult interpretation of the term vested rights" in the Shantung Treaty, Article XXIV of which reads: "The, Government of China further declares that vested rights lawfully and equitably acquired by foreign nationals at Kiaochou, whether under the German regime or during the period of the Japanese Administration, will be respected: All questions relating to the sté#us or validity of such vested. rights acquired by Japanese subjects or companies will be adjusted by a Joint Commission."'

The Japanese: argued along the line that all Japanese-held vested rights were valid until the Chinese proved the contrary. The Chinese maintained that in the nature of the circumstances the burden of the proof of validity rested with the Japanese. This was the position adhered to by the Chinese delegates at Washington because even if validity were established it was open to the Chinese to examine and see if same was lawfully and equitably established.

The Japanese. desired that agricultural lands already acquired by Japanese should be permitted to continue although after formal transfer of the administration no Japanese will be allowed to lease or own further agricultural lands. The Chinese replied that Article XI

Text read from the printed page and cleaned; old type leaves the occasional error.

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