大正十四年十二月

条約ニ基カザル在支帝国警察官問題

秘

条約局第二課

条約ニ基カザル在支帝国警察官問題

一、支那国ニ於ケル軍隊ニ関スル華府会議決議

附録　(一)　々（英文）
　　　(二)　条約ニ基カズシテ支那ニ駐在スル外国軍警ニ関スル支那全権ノ覚書
　　　(三)　在満竝ニ其他ノ在支駐屯兵及警察ニ関スル日本全権ノ陳述書

二、南満洲鉄道附属地外ニ於ケル我警察機関分布状態

三、在支日本警察官配置表

四、外務省専任警察官制服勤務地調

五、厦門警察分署設置ニ関スル経緯

一、支那国ニ於ケル軍隊ニ関スル華府会議決議（邦文）

諸国ハ適法ニ支那国ニ在ル外国人ノ生命財産ヲ保護スル為随時支那国内ニ軍隊（警察官及鉄道守備隊ヲ含ム）ヲ駐屯セシメタルニ因リ右軍隊ノ若干ハ条約又ハ協定ニ準拠セズシテ支那国内ニ駐屯スルモノノ如クナルニ因リ

諸国ハ支那国ガ同国ニ在ル外国人ノ生命財産ノ保護ヲ保障スルニ於テハ何時タリトモ条約又ハ協定ニ準拠セズシテ現ニ支那国内ニ於テ任務ニ服スル自国軍隊ヲ撤退スルノ意思アルコトヲ声明シタルニ因リ

支那国ハ同国ニ在ル外国人ノ生命財産ノ保護ヲ保障スルノ意思及能力アルコトヲ声明シタルニ因リ

前記ノ意思ヲ各場合ニ付実現スルノ前提タルベキ条件ニ関シ明瞭ナル了解ヲ遂グル為

左ノ如ク決議セリ

現ニ華盛頓会議ニ参加スル諸国即チ亜米利加合衆国、白耳義国、英帝国、仏蘭西国、伊太利国、日本国、和蘭国及葡萄牙国ノ北京駐箚外交代表者ハ支那国ノ要求アルトキハ何時タリトモ支那国政府ノ代表者三名ト協調シテ諸国ノ及支那国ノ為シタル前記ノ意思ノ声明ニ依リ惹起セラルル諸問題ニ付充分且公平ナル調査ヲ共同ニ行フコトヲ其ノ各自ノ政府ニ依リ訓令セラルベク且右調査ニ付セラレタル事項ニ関シ其ノ事実調査及意見ヲ腹蔵ナク記述スル充分且包括的ナル報告書ヲ作成シ其ノ謄本ヲ関係九国政府ニ夫々提出スベク関係国政府ハ各適当ト思惟スル所見ヲ附シテ報告書ヲ各自公表スベシ右各国ノ代表者ハ其ノ意見ニシテ多数意見報告書ト異ルモノアルトキハ其ノ相違ノ点ヲ記述スル少数意見報告書ヲ作成シ又ハ之ニ加入スルコトヲ得

前記各国ハ右報告書ニ表示セラレタル事実調査又ハ意見ノ全部又ハ一部ヲ受諾シ又ハ拒絶スルノ自由ヲ有スベシ但シ如何ナル場合ニ於テモ前記各国ハ右事実調査又ハ意見ノ全部又ハ一部ノ受諾ニ付支那国ヨリ政治上タルト経済上タルトヲ問ハズ何等カノ特殊ノ利権、恩典、利益又ハ免除ヲ直接ニ又ハ間接ニ許与セシムルコトヲ条件ト為スコトヲ得ザルベシ

千九百二十二年二月一日軍備制限会議第五回総会ニ於テ之ヲ採用ス

RESOLUTION REGARDING ARMED FORCES (INCLUDING POLICE AND RAILWAYS GUARDS) IN CHINA.

(ADOPTED BY THE WASHINGTON CONFERENCE).

―――――――

Whereas

The Powers have from time to time stationed armed forces, including police and railway guards, in China to protect the lived and property of foreigners lawfully in China;

And whereas

It appears that certain of these armed forces are maintained in China without the authority of any treaty or agreement;

And whereas

The Powers have declared their intention to withdraw their armed forces now on duty in China without the authority of any treaty or agreement, whenever China shall assure the protection of the lives and property of foreigners in China;

And whereas

China has declared her intention and capacity to assure the protection of the lives and property of foreigners in China;

Now

To the end that there may be clear understanding of the conditions upon which in each case the practical execution of those intentions must depend;

It is resolved:

That the Diplomatic Representatives in Peking of the Powers now in Conference at Washington, to wit, the United States of America, Belgium, the British Empire, France, Italy, Japan, The Netherlands and Portugal, will be instructed by their respective Governments, whenever China shall so request, to associate themselves with three representatives of the Chinese Government to conduct collectively a full and impartial inquiry into the issues raised by the foregoing declarations of intention made by the Powers and by China and shall thereafter prepare a full and comprehensive report setting out without reservation their findings of fact and their opinion with regard to the matter hereby referred for inquiry, and shall furnish a copy of their report to each of the nine Governments concerned which shall severally make public the report with such comment as each may deem appropriate. The reperesentatives of any of the Powers may make or join in minority reports stating their differences, if any, from the majority report.

That each of the Powers above named shall be deemed free to accept or reject all or any of the findings of fact or opinion expressed in the report but that in no case shall any of the said Powers make its acceptance of all or any of the findings of fact or opinions either directly or indirectly dependent on the granting by China of any special concession, favor, benefit or immunity, whether political or economic.

Adopted by the Conference on the Limitation of Armsment at the Fifth Session, February 1st, 1922.

―――――――

REGARDING FOREIGN TROOPS, POLICE BOXES, ETC., IN CHINA WITHOUT HER CONSENT. (MEMORANDUM DISTRIBUTED BY THE CHINESE DELEGATION AT THE NINETH MEETING OF THE COMMITTEE ON PACIFIC AND FAR EASTERN QUESTION, WASHINGTON CONFERENCE).

“The Chinese Delegation herewith submits such date as it has with reference to the presence upon Chinese soil, without China’s consent, of foreign troops, police boxes, railway guards, and electrical installations.

“This data is furnished for the convenience of the Conference. Because of changes constantly occurring, its present complete accuracy can not be guaranteed.

“This date is furnished simply in order to show the extent to which China’s territorial and administrative integrity is now being violated, and not as implying that the Chinese Government will be contented with the abatement of these specific violations of her sovereign rights; for China, as declared in the Resolution which it has proposed, desires that there should be a general or comprehensive declaration upon the part of the Powers represented in this Conference that, without China’s consent, expressly and specifically given in each case, they will not maintain troops or police boxes, or railway guards or electrical installations upon China’s soil, with the result that upon the Powers will lie the burden of establishing their right to do so in each case in which they may assert a right or claim to maintain upon China’s soil such troops, police boxes, railway guards, or electrical installations, etc.

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“Japanese police in China, ― In 1917, the number of police agencies in Manchuria, as reported by the local authorities of Fengtien and Kirin Provinces, reached 27. As a result of the Chengchiatun fracas and Hunchun affair, Japan established police stations in these places. According to the October 1st issue of the ‘Millard’s Review’ for 1921, the Ministry of Foreign Affairs is in receipt of a telegram from the Commissioner of Foreign Affairs at Swatow to the effect that the Japanese Consul there is very active in increasing the Japanese police.

“At Amoy a police station was established by Japan in December, 1916. The Chinese Government lodged a strong protest against this illegal action on the part of Japan, but has never withdrawn the police station.

——–

“JAPAN’S STATEMENT REGARDING THE MAINTENANCE OF JAPANESE POLICE IN MANCHURIA AND THE TREATY PORTS OF CHINA. (read by Mr. Hanihara at the Ninth Meeting of the Committee on Pacific and Far Eastern Questions).

“In considering the question of Japanese Consular police in China, two points must be taken into account.

“(1) Such police do not interfere with Chinese or other foreign nationals. Their functions are strictly confined to the protection and control of Japanese subjects.

“(2) The most important duties with which the Japanese police are charged are, first, to prevent the commission of crimes by Japanese and, second, to find and prosecute Japanese criminals when crimes are committed.

“In view of the geopolitical proximity of the two countries, it is natural that certain disorderly elements in Japan should move to China, and taking advantage of the present conditions is that country, should there undertake unlawful activities. When these lawless persons are caught in the set of crime by the Chinese police, it is not difficult for that police force to deal with the case. The culprits are handed over as early as possible to the Japanese authorities for professional and trial. But when the criminals flee from the scene of their acts, it is in many cases hard to discover who committed the crime and what were the causes and circumstances that led up to their commission. This is more difficult for the Chinese authorities, as they have no power to make domiciliary visits to the homes of foreigners who enjoy extraterritorial rights, or to obtain judicial testimony in due form from such foreigners.

“Without the full cooperation of the Japanese police, therefore, the punishment of crime is, in a great many cases, an impossibility, and those who are responsible for lawbreaking escape trial and punishment.

“This tendency is especially evident in Manchuria, in which region hundreds of thousands of Japanese are resident. In places where the Japanese police are stationed, there are far fewer criminal cases among Japanese than in places without Japanese police. Lawless elements constantly move to districts beyond the reach of Japanese police supervision.

“Apart from the theoretical side of the question, it will thus be observed that the stationing of Japanese police in the interior of China has proved to be of among Japanese residents, without interfering with the daily life of Chinese or of other foreign nationals. The Japanese policing provides a protection for the Chinese communities which at present their own organization fails to provide.

“The Japanese Delegation is in possession of knowledge and information as to the actual conditions prevailing in China and especially in Manchuria. However, it is unnecessary to go into details at the present stage,”

二、南満洲鉄道附属地外ニ於ケル我警察機関分布状態

（大正十四年五月末日調）

南満洲鉄道附属地外ニ於ケル外務省及関東庁警察官並憲兵配置状態左ノ如シ