[Title] TREATY OF PEACE BETWEEN THE REPUBLIC OF CHINA AND JAPAN PROTOCOL (July 2, 1955)
PROTOCOL
Signed on July 2, 1955;
Entered into force August 4, 1955.
WHEREAS there still remains to be concluded a treaty or agreement concerning trading, maritime and other commercial relations as referred to in Article VII of the Treaty of Peace between the Republic of China and Japan, signed at Taipei on April 28, 1952 (hereinafter referred to as the Peace Treaty); and
WHEREAS the term of duration, as extended by the Protocol signed at Tokyo on July 18, 1953, of the Arrangements concerning commerce and navigation set forth in paragraph 2 of the Protocol, which constitutes an integral part of the Peace Treaty, expires on August 4, 1955;
THEREFORE, the Government of the Republic of China and the Government of Japan have agreed upon the following terms:
1. The term of duration of the above-mentioned Arrangements shall be extended until the expiration of a period of one year as from August 5, 1955, and, should neither Party notify the other, three months prior to its expiration, of the intention to bring it to an end, it shall be extended until the expiration of another period of one year and so on. However, the Arrangements shall cease to be effective upon the conclusion between the two Parties of a treaty or agreement concerning trading, maritime and other commercial relations.
2. The present Protocol shall enter into force upon an exchange of notes between the two Parties, indicating that each Party has completed such procedures for putting into effect the Protocol as may be necessary under its own law.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Protocol.
DONE in duplicate in the Chinese, Japanese and English languages at Tokyo, this Second day of the Seventh month of the Forty Fourth year of the Republic of China corresponding to the Second day of the Seventh month of the Thirtieth year of Showa of Japan and to the Second day of July in the year One Thousand Nine Hundred and Fifty Five.
For the Republic of China:
(Sighed) Hollington K. Tong
For Japan:
(Sighed) Mamoru Shigemitsu
(I) Note from Mr. M. Shigemitsu, Japanese Foreign Minister, to Mr. Hollington K. Tong, Chinese Ambassador to Japan
August 4, 1955
Monsieur I'Ambassadeur,
I have the honour to refer to paragraph 2 of the Protocol between Japan and the Republic of China signed on July 2, 1955, which provides that the Protocol shall enter into force upon an exchange of notes between the two Parties, indicating that each Party has completed such procedures for putting into effect the Protocol as may be necessary under its own law.
I wish to inform Your Excellency that the Government of Japan has completed such procedures for putting into effect the Protocol as are necessary under its own law. The Protocol shall accordingly enter into force upon receipt from Your Excellency of a note indicating that the Government of the Republic of China has also completed such procedures for putting into effect the Protocol as are necessary under its own law.
I avail myself of this opportunity to renew to Your Excellency, Monsieur1' Ambassadeur, the assurance of my highest consideration.
(Signed) Mamoru Shigemitsu
Minister for Foreign Affairs
His Excellency
Mr. Hollington K. Tong,
Ambassador Extraordinary
and Plenipotentiary of
the Republic of China
in Japan.
(II) Note from Mr. Hollington K. Tong, Chinese Ambassador to Japan, to Mr. M. Shigemitsu, Japanese Foreign Minister
August 4, 1955
Monsieur le Ministre,
With reference to the Protocol between the Republic of China and Japan signed on July 2, 1955, I have the honour to acknowledge receipt of Your Excellency's Note of today reading as follows:
"I have the honour to refer to paragraph 2 of the Protocol between Japan and the Republic of China signed on July 2, 1955, which provides that the Protocol shall enter into force upon an exchange of notes between the two Parties, indicating that each Party has completed such procedures for putting into effect the Protocol as may be necessary under its own law.
"I wish to inform Your Excellency that the Government of Japan has completed such procedures for putting into effect the Protocol as are
necessary under its own law. The Protocol shall accordingly enter into force upon receipt from Your Excellency of a note indicating that the Government of the Republic of China has also completed such procedures for putting into effect the Protocol as are necessary under its own law."
In reply I have the honour to state that the Government of the Republic of China has completed such procedures for putting into effect the Protocol as are necessary under its own law.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurance of my highest consideration.
(Signed) Hollington K. Tong
Chinese Ambassador
His Excellency
Mr. Mamoru Shigeraitsu,
Minister for Foreign Affairs of Japan