The two settlements were in the
nature of quid pro quo though it is clear that the Japanese side
of the scale heavily outweighed that of the Chinese. Now Japan
endeavours to repudiate, for no apparent reason so far as we can
see, the agreement which formed the consideration whereby she
obtained so many valuable concessions.
Secondly, while Koreans are now Japanese subjects, it is contended
by the Chinese that the particular Koreans inhabiting the Yenchi
region are, as regards China, in a different position from
Japanese subjects elsewhere. These Koreans enjoy the rights of
free residence and of cultivating and owning land in the interior
of China, rights denied to other foreigners, including Japanese
who, even by the new treaty, may only lease land in South
Manchuria. For this exceptional privilege, they are subject to the
jurisdiction of Chinese laws and Chinese courts, a duty not
imposed on other foreigners. It would be "blowing hot and cold at
the same time" in the language of English lawyers if it is sought
to enjoy the special privileges without performing the duties.
Thirdly, Japanese under the Treaty of 1915 are required to
register their passports with the local authorities. On the other
hand, Koreans in Yenchi have never been nor are they now required
to procure passports. This would seem to be conclusive proof that
Koreans in that region are not within the provisions of the treaty
of 1915 but are still governed by the Tumen Kiang Agreement.
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