Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part II
Ambassador Wright to the Secretary of State.
Tokyo, August 9, 1906.
Sir: I have the honor to transmit herewith translations of the ordinances relating to the government-general of Kwantung, together with some editorial commentsa of the Japanese press. These ordinances are to go into effect on September 1.
I have the honor, etc.,
translations of ordinances relating to the government-general of kwantung.
[Official Gazette, August 1, 1906.]
We, after consultation with the privy council, hereby sanction the regulations relating to the organization of the government-general of Kwantung and cause the same to be promulgated.
[Sign manual.]
[Privy seal.]
(Countersigned)
Prime Minister.
(Countersigned)
Minister of War.
(Countersigned)
Minister for Foreign Affairs.
Imperial ordinance No. 196.—The organization of the government-general of Kwantung.
- Article 1. In the Province of Kwantung there shall be established the government-general of Kwantung (Kwantung Totoku Fu).
- Art. 2. For the government-general of Kwantung there shall be appointed a governor-general of (Kwantung Totoku).
- The governor-general shall govern the Province of Kwantung and shall take charge of the protection and supervision of the railway lines in South Manchuria.
- The governor-general shall supervise the affairs of the South Manchuria Railway Joint Stock Company.
- Art. 3. The governor-general shall be of the shinnina rank and shall be a general or a lieutenant-general of the imperial army.
- Art. 4. The governor-general shall command the troops under his jurisdiction and shall have control of various political matters under the supervision of the minister for foreign affairs.
- Art. 5. By virtue of a special commission the governor-general shall take charge of the affairs to be negotiated with the Chinese provincial authorities.
- Art. 6. The governor-general shall be subject to the minister of war with reference to matters of military administration and the personal affairs of the soldiers and of those connected with the army; to the chief of the general staff with reference to plans of operation and mobilization; to the superintendent of education in the army with reference to military education.
- Art. 7. The governor-general may, by virtue of the authority invested in him ex officio or by special authorization, issue ordinances, including penal regulations for imprisonment not exceeding one year or fine not exceeding 200 yen.
- Art. 8. For the maintenance of the public welfare and order, the governor-general may, on special occasions requiring urgent measures, issue ordinances including penal regulations exceeding the limitations mentioned in the preceding article.
- The ordinances mentioned in the preceding paragraph shall, immediately after their promulgation, be reported to the Emperor, through the minister for foreign affairs, for the imperial sanction.
- In case the said ordinances should not be sanctioned by the Emperor, the governor-general shall immediately give public notice that they are not valid thereafter.
- Art. 9. The governor-general shall take charge of the defense of the territory within the limits of his jurisdiction.
- Art. 10. When the governor-general deems it necessary for the maintenance of the welfare and order of the territory under his jurisdiction or for the protection or supervision of the railway lines he may employ military force.
- In the case mentioned in the preceding paragraph the fact shall be immediately reported to the minister for foreign affairs, the minister of war, and the chief of the general staff.
- Art. 11. When the governor-general discovers that any order or measure of the government offices under his jurisdiction is contrary to the prescribed regulations, or is injurious to the public interests, or has transgressed the authority vested in them, he may suspend the said order or measure or annul it.
- Art. 12. The governor-general shall control the officials under his jurisdiction. With reference to the promotion and dismissal of civil officials of the sonina rank, he shall report to the Emperor, through the minister for foreign affairs and the prime minister. With reference to the promotion or dismissal of civil officials of the hanninb rank and those lower, the governor-general shall act entirely at his own discretion.
- Art. 13. The governor-general shall report to the Emperor through the minister for foreign affairs and the prime minister matters relating to the conferring of court ranks and decorations, upon the civil officials under his jurisdiction.
- Art. 14. The governor-general shall reprimand the civil officials under him. Matters relating to officials of the chokuninc rank or to the dismissal of officials of the sonin rank shall be reported to the Emperor through the minister for foreign affairs and the prime minister.
- Art. 15. A governor-general’s secretariat shall be established in the government-general of Kwantung.
- There shall be an adjutant and a private secretary in the governor-general’s secretariat to take charge of confidential matters.
- The adjutant shall be an army officer between the ranks of colonel and lieutenant.
- The private secretary shall be of the sonin rank.
- Art. 16. There shall be a civil administration department and a military department in the government-general of Kwantung.
- The regulations for the military department shall be determined separately.
- Art. 17. The civil administration department shall take charge of all administrative affairs except those pertaining to military administration.
- Art. 18. The following four bureaus and one office shall be established in the civil administration department, and their respective functions shall be determined by the governor-general: Bureau of miscellaneous affairs, bureau of police, bureau of financial affairs, prison office.
- Art. 19. The Province of Kwantung shall be divided into three districts, each having a civil administration office. The location, name, and jurisdiction of each office shall be determined by the governor-general.
- Art. 20. Branches of the civil administration office and of the prison office shall be established in important places in order to divide the duties of the civil administration and prison offices. Their location, names, and jurisdiction must be determined by the governor-general.
- Art. 21. The government-general of Kwantung shall have the following personnel:
- One chief civil administrator, choukumin rank; 2 councilors, sonin rank; 6 secretaries, sonin rank; 3 chiefs of the civil administration offices, sonin rank; 18 experts, sonin rank; 6 police inspectors, sonin rank; 1 governor of prisons, sonin rank; 3 translators sonin rank; 220 clerks, police sergeants, assistant experts, jailers, prison physicians, and student translators, hannin rank.
- Art. 22. The chief civil administrator shall assist the governor-general and have control of the affairs of the civil administration department.
- Art. 23. The councilors shall, under the instructions of their superiors, engage in the discussion and making of plans, or assist in the work of the various bureaus.
- Art. 24. The secretaries shall be either the chiefs of the bureaus or members of the same, and shall take charge of matters under the instruction of their superiors.
- Art. 25. The chiefs of the civil administration offices shall, under the direction and control of the governor-general, enforce laws and ordinances, and control the administrative affairs within their respective districts.
- Art. 26. With reference to the administrative affairs within their respective districts, the chiefs of the civil administration offices may, by virtue of the authority vested in them ex officio or by special authorization, issue ordinances [Page 1053] applying to the whole or a part of their districts, including penal regulations, imposing fines not exceeding 10 yen, and detention.
- Art. 27. When military force is needed for maintaining tranquillity within their respective districts, the chiefs of the civil administration offices shall report the fact to the governor-general. But for extraordinary emergencies they may immediately demand the dispatch of troops from the commanders of neighboring garrisons.
- Art. 28. The chiefs of the civil administration offices shall supervise the officials under their jurisdictions and report to the governor-general matters relating to the promotion and dismissal of officials of the hannin rank.
- Art. 29. The chiefs of the civil administration offices may issue detailed regulations for transacting the business of their respective offices.
- Art. 30. When a chief of a civil administration office is prevented from discharging his duties, the official next highest in rank shall act as chief.
- The chiefs of the civil administration offices may authorize their subordinate officials to act for them with reference to parts of their official duties.
- Art. 31. The experts shall take charge of technical arts under the instructions of their superiors.
- Art. 32. The police inspectors shall take charge of police affairs under the instructions of their superiors.
- Art. 33. The governor of prisons shall, as the chief official of the prison office, take charge of prison affairs under the instructions of his superiors.
- Art. 34. The translators shall take charge of translation and interpreting under the instructions of their superiors.
- Art. 35. The clerks shall transact miscellaneous business under the instructions of their superiors.
- Art. 36. The police sergeants shall engage in police affairs under the instructions of their superiors, and shall direct and supervise the police constables under them.
- Art. 37. The assistant experts shall engage in technical arts under the instructions of their superiors.
- Art. 38. The jailers shall belong to the prison office, and shall engage in the discipline, protection, and miscellaneous affairs of the prison under the instructions of their superiors. They shall also direct and supervise the prison guards.
- Art. 39. The prison physicians shall belong to the prison and shall engage in medical affairs under the instructions of their superiors.
- Art. 40. The student translators shall engage in translation and interpreting under the instructions of their superiors.
- Art. 41. The chiefs of the branch civil administration offices shall be appointed from the police inspectors, clerks, or police sergeants, and the chiefs of the branch prison offices shall be appointed from the jailers.
- Art. 42. When a chief of a branch civil administration office is prevented from discharging his official duties, the official next highest in rank shall act for him.
- Art. 43. There shall be police constables and prison guards in the government of Kwantung; they shall be accorded the treatment due to the hannin rank.
The fixed number of police constables and prison guards shall be determined by the governor-general.
supplementary article.
This ordinance shall take effect on September 1, 1906.
[Inclosure 2.—Translation.]
We hereby sanction the regulations relating to the organization of the post and telegraph office of the government-general of Kwantung and cause the same to be promulgated.
[Sign manual.]
[Privy seal.]
(Countersigned)
Prime Minister.
Minister for Foreign Affairs.
Imperial ordinance No. 197.—The organization of the post and telegraph office of the government-general of Kwantung.
- Article 1. The post and telegraph office of the government-general of Kwantung shall belong to the civil administration department of the government ox Kwantung, and shall take charge of affairs relating to posts, telegraphs, and telephones.
- Art. 2. The post and telegraph office shall have the following personnel:
- One chief; 3 secretaries of communications, sonin rank; 18 assistant secretaries of communications, sonin rank; 4 experts (operators, engineers, etc.), sonin rank; 506 clerks of communications, assistant experts, and assistant clerks, hannin rank.
- Art. 3. The chief of the post and telegraph office shall be a secretary, and he shall control the affairs of the office under the instructions of his superiors.
- Art. 4. The secretaries of communications, except the one who is chief of the office, shall each take charge of a portion of the affairs of the office under the instructions of their superiors.
- Art. 5. The assistant secretaries of communications shall take charge of the affairs of the office under the instructions of their superiors.
- Art. 6. The experts of communications shall take charge of technical work under the instructions of their superiors.
- Art. 7. The clerks and the assistant clerks of communications shall engage in the business of the office under the instructions of their superiors.
- Art. 8. The assistant experts of communications shall engage in technical work under the instructions of their superiors.
- Art. 9. Branches of the post and telegraph office shall be established in important places in order to take charge of a portion of the affairs of the post and telegraph office.
- The location, names, and jurisdiction of the branch offices shall be determined by the governor-general of Kwantung.
- Art. 10. The chiefs of the branch offices shall be officials of higher rank (kotokan)a or of hannin rank.
supplementary article.
This ordinance shall take effect on September 1, 1906.
[Inclosure 3.—Translation.]
We hereby sanction the regulations relating to the courts of law of the government-general of Kwantung, and cause the same to be promulgated.
[Sign manual.]
[Privy seal.]
(Countersigned)
Prime Minister.
Minister for Foreign Affairs.
Imperial ordinance No. 198.—The regulations relating to the courts of law of the government-general of Kwantung.
- Article 1. The courts of law of the government-general of Kwantung shall be directly subject to the governor-general, and shall take charge of the adjudication of civil and criminal cases.
- Art. 2. The government-general courts shall be divided into two parts, viz, a district court and a higher court.
- The governor-general of Kwantung may, if necessary, establish subordinate offices of the district court.
- Art. 3. The district court shall take charge of civil and criminal cases of the first instance and noncontentious matters.
- Art. 4. The higher court shall entertain appeals concerning the decisions of the lower court and give them final trial.
- Art. 5. The lower and the higher courts shall have five judges each.
- The judges shall be of the sonin rank, but the presiding judge of the higher court may be of the chokunin rank.
- Art. 6. Each court shall have its president, who is to be a judge of the highest rank.
- The president shall direct all the affairs of the court and shall supervise its administration.
- The president of the higher court shall supervise the administration of the district court.
- When the president is prevented from discharging his official duties the judge next to him in rank shall act as president.
- Art. 7. In the district court individual judges shall examine all cases.
- Art. 8. In the higher court all cases shall be examined by a board consisting of three judges, and the judge of the highest rank shall be the presiding judge.
- Art. 9. There shall be in each court a public procurator of the sonin rank.
- The public procurator shall direct and supervise the police officers in charge of judicial matters, take action in criminal cases, and direct and supervise the adjudication of the same.
- The public procurators of the higher court shall direct and supervise the public procurator of the district court. In the district court a police inspector or police sergeant may be ordered to act as public procurator.
- Art. 10. There shall be an interpreter of the sonin rank in the higher court.
- There shall be student interpreters of the hannin rank in each court, the prescribed number being five for each.
- The interpreter and the student interpreters shall engage in interpreting.
- Besides the work prescribed in the preceding paragraph, the interpreter and the student interpreters shall engage in translation under the instructions of their superiors.
- Art. 11. There shall be clerks of the hannin rank in each court, the prescribed number being twenty for each.
The clerks shall make preparations relating to the trial of civil and criminal cases. They shall also prepare accounts of examinations, and shall arrange and preserve the records of all lawsuits.
Besides the work prescribed in the preceding paragraph, the clerks shall engage in miscellaneous work under the instruction of their superiors.
supplementary article.
This ordinance shall take effect September 1, 1906.
[Inclosure 4.—Translation.]
We hereby sanction the regulations relating to the official ranks and allowances of the officials of the government-general of Kwantung.
[Sign manual.]
[Privy seal.]
(Countersigned)
Prime Minister
Minister for Foreign Affairs.
Imperial ordinance No. 199.—Regulations relating to the official ranks and allowances of the officials of the government-general of Kwantung.
- Article 1. The ranks of the higher civil officials (of the sonin and chokunin ranks) are to be based on the accompanying scale.
- Art. 2. The annual salary of the governor-general shall be 6,000 yen; that of the chief civil administrator, 3,500 or 4,000 yen; that of a judge of the chokunin rank, 3,000 or 3,500 yen. The salaries of the higher civil officials are to be based on the accompanying scale of salaries for higher civil officials.
- Art. 3. Those who hold the same office but receive different salaries shall be paid in accordance with the salary scale of higher civil officials.
- Art. 4. The engineers, experts, etc., may, according to the actual amount of their work, be paid less than the minimum amount of salary.
- Art. 5. The civil officials of the government-general of Kwantung shall be paid additional salaries corresponding to three-tenths of their salaries.
- Those who have served for full two years as civil officials of the government-general of Kwantung shall be paid additional salaries corresponding to one-twentieth of their salaries, besides that mentioned in the preceding paragraph. Those who have served more than two years shall be paid an extra one-twentieth for each additional year, the limit of the additional salary being five-tenths of the principal salary.
- The additional salaries are to be paid in the same way as the principal salaries.
- Art. 6. Except in cases specially provided for, those salaries that are not provided for in this ordinance shall be based on the regulations relating to the allowances of higher and hannin officials.
supplementary article.
This ordinance shall take effect on September 1, 1906.
Those civil officials who have been serving in Manchuria prior to the enforcement of this ordinance and are to serve in the government-general of Kwantung as civil officials shall have the period of their previous Manchurian service included in the additional years of service mentioned in article 5.
[Inclosure 5.—Translation.]
We, after consultation with the privy council, hereby sanction the special regulations relating to the appointment of officials of the government-general of Kwantung and cause the same to be promulgated.
[Sign manual.]
[Privy seal.]
(Countersigned)
Prime Minister.
Minister for Foreign Affairs.
Imperial ordinance No. 200.—Special regulations relating to the appointment of officials of the government-general of Kwantung.
- Article 1. Those secretaries of the government-general of Kwantung who are to engage in matters relating to foreign affairs may be appointed from among the following classes, subject to the approval of the examiners of the higher civil service: (1) Diplomatic and consular officers or commercial agents; (2) those who may have the qualifications of diplomatic officers.
- In case those who are appointed secretaries in accordance with the foregoing provisions should be transferred or should desire to be transferred to the department of foreign affairs as diplomatic or consular officers, commercial agents, or higher officials, their service in the government-general of Kwantung shall be regarded as service in government offices abroad (zaigai kokwan).a
- Art. 2. Only those who have been police officers for three full years or more and are actually holding offices with a salary corresponding to scale 4 or the higher of the hannin officials may be appointed police inspectors, subject to the approval of the examiners of the higher civil service.
- Art. 3. In appointing the chief of prison and jailers of the government-general of Kwantung, the special regulations relating to the appointment of prison chiefs and chief prison guards shall be used as a basis. However, the method of investigation concerning the jailers and the subjects in which they are to be examined shall be determined by the government-general of Kwantung.
- Art. 4. In appointing the police sergeants of the government-general of Kwantung, the special regulations relating to the appointment of police sergeants and [Page 1057] directors of firemen shall be used as a basis. However, the investigators, examiners, method of investigation, and subjects of examination shall be determined by the governor-general of Kwantung.
- Art. 5. In appointing secretaries and assistant secretaries of communications of the government-general of Kwantung, the special regulations relating to the appointment of secretaries and assistant secretaries of communicationsa shall be used as a basis. In appointing clerks and assistant clerks of communications of the government-general of Kwantung, the special regulations relating to the appointment of clerks and assistant clerks of communicationsa shall be used as a basis. However, the regulations relating to the examinations of the assistant clerks shall be determined by the governor of Kwantung.
supplementary article.
This ordinance shall take effect on September 1, 1906.
Only on the occasion of the initial enforcement of this ordinance, the police inspectors of the government-general of Kwantung may be appointed, subject to the approval of the examiners of the higher civil service, from among those who have been engaged in police affairs in the Province of Kwantung and are actually holding offices with salaries corresponding to scale 3 or of the higher of the hannin officials.
[Inclosure 6.—Translation.]
We, after consultation with the privy council, hereby sanction the regulations relating to the appointment of the judges and public procurators of the courts of law of the government-general of Kwantung, and cause the same to be promulgated.
[Sign manual.]
[Privy seal.]
(Countersigned)
Prime Minister.
Minister for Foreign Affairs.
Imperial ordinance No. 201.—Regulations relating to the appointment of the judges and public procurators of the courts of law of the government-general of Kwantung.
The judges and public procurators of the courts of law of the government-general of Kwantung shall be appointed from among those who are qualified to be judges and public procurators, according to the provisions of the law of the constitution of the courts of law.a
supplementary article.
This ordinance shall take effect on September 1, 1906.
[Inclosure 7.—Translation.]
We, after consultation with the privy council, hereby sanction the regulations relating to the appointment and official rank of the private secretary to the governor-general of Kwantung, and cause the same to be promulgated.
[Sign manual.]
[Privy seal.]
(Countersigned)
Prime Minister.
Imperial ordinance No. 202.
With reference to the appointment and official rank of the private secretary to the governor-general of Kwantung, the civil-service regulations and articles 7 and 8 of the regulations relating to the ranks and salaries of the higher civil service shall not apply.
supplementary article.
This ordinance shall take effect on September 1, 1906.
[Inclosure 8.—Translation.]
We hereby sanction the ordinance pertaining to various regulations in the Province of Kwantung, and cause the same to be promulgated.
[Sign manual.]
[Privy seal.]
(Countersigned)
Prime Minister
Minister for Foreign Affairs.
Imperial ordinance No. 203.
With reference to various regulations in the Province of Kwantung, the existing precedents shall be followed for the time being until special provisions have been made. However, the collection of taxes, as well as other incomes and disbursements, shall be subject to the inspection of the board of audit.
supplementary article.
This ordinance shall take effect on September 1, 1906.
[Inclosure 9.—Translation.]
We hereby sanction the regulations relating to the military department of the government-general of Kwantung, and cause the same to be promulgated.
[Sign manual.]
[Privy seal.]
(Countersigned)
Minister of War.
Imperial ordinance No. 204.—Regulations relating to the military department of the government-general of Kwantung.
- Article 1. The military department of the government-general of Kwantung shall take charge of all military affairs within the jurisdiction of the governor-general of Kwantung.
- Art. 2. The military department of the government-general of Kwantung shall be composed of the following sections: Section of staff (sambo bu), section of adjutants (fukukwan bu)—these two sections constitute the “bakuryo;” section of judges (hokwan bu), section of administration (keirfbu), section of army surgeons (guni bu), section of veterinary surgeons (jui bu).
- Art. 3. The chief of staff shall assist the governor-general of Kwantung, participate in important military affairs, supervise the promulgation and enforcement of orders, and take charge of the supervision of all affairs in the military department of the government-general of Kwantung.
- Art. 4. The officers and those ranking as such in the sections of staff and adjutants (bakuryo) shall, under the direction of the chief of staff, take charge of the affairs assigned to them.
- Art. 5. The chief judge shall be subject to the governor-general of Kwantung and shall take charge of judicial affairs in the army.
- Art. 6. The chief of the section of administration shall be subject to the governor-general of Kwantung and shall supervise the finances and administration of the various detachments stationed in the Province of Kwantung. He shall control matters relating to constructions on land for the army (except national defenses and railways), as well as the personal affairs and education of the officers and those under them in the section of administration. They shall take special charge of the barracks and other new temporary works. However, with reference to the supervision of the financial affairs and the plans of constructions on land, he shall be directly subject to the minister of war. With reference to the personal affairs and education of the officers and those under them in the section of administration, he shall be subject to the chief of the bureau of administration in the department of war.
- The chief of the section of administration shall control the finances and administration of the detachments not governed by the section of administration in the respective army divisions (shidan); but according to the location of the detachments stationed in the Province, these matters may be referred to the section of administration in the army divisions (shidan).
- Art. 7. The chief of the section of army surgeons shall be subject to the governor-general of Kwantung and shall supervise the sanitary affairs of the detachments stationed in the Province. He shall also control the personal affairs and education of the officers and those under them in the section of sanitation, as well as matters relating to sanitary materials. However, he shall also be subject to the chief of the bureau of medical affairs in the department of of war.
- Art. 8. The chief of the section of veterinary surgeons shall be subject to the governor-general of Kwantung and shall supervise sanitary affairs relating to military horses. He shall control the personal affairs and education of the officers and those under them in the section of veterinary surgeons, as well as matters relating to veterinary surgeons’ materials and farriery. However, he shall also be subject to the chief of the bureau of military affairs in the department of war.
- Art. 9. Matters to be reported to the governor-general by the various chiefs of sections shall first be submitted to the chief of staff for approval.
- Art. 10. The members of the sections of judges, administration, army surgeons and veterinary surgeons shall engage in the work assigned to them under the instructions of their respective chiefs.
- Art. 11. The noncommissioned officers and civil officials of the hannin rank shall engage in their work under the instructions of their superiors.
supplementary article.
This ordinance shall take effect September 1, 1906.
- Not printed.↩
- Appointed directly by the Emperor.↩
- Appointed by the cabinet and reported to the Emperor.↩
- Appointed by heads of departments.↩
- Appointed by the Emperor.↩
- Kotokan includes both chokunin and sonin officials, but in this case those of sonin rank only are meant.↩
- “Zaigai kokwan” includes embassies, legations, and consulates abroad.↩
- In Japan.↩
- In Japan.↩
- In Japan.↩