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簽訂日：1895.04.17
簽定國:日本、清國

1895.05.08，中日派員在清國山東煙臺換約生效。
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　　　　　　　　　　　　　中日馬關條約

　　　　　　　　　　　　　（一八九五年）

大日本帝國大皇帝與大清帝國大皇帝陛下，為訂定和約，俾兩國及其臣民重修平和共享幸福，且杜將來紛紜之端，大日本帝國大皇帝陛下特簡大日本帝國全權辦理大臣內閣總理大臣從二位勳一等伯爵伊藤博文、大日本帝國全權辦理大臣外務大臣從二位勳一等子爵陸奧宗光、大清帝國大皇帝陛下特簡大清帝國欽差頭等全權大臣太子太傅文華殿大學士北洋通商大臣直隸總督一等肅毅伯爵李鴻章、大清帝國欽差全權大臣二品頂戴前出使大臣李經芳為全權大臣，彼此較閱所奉諭旨，認明均屬妥實無闕，會同議定。各條款開列於左：

第一款

中國認明朝鮮國確為完全無缺之獨立自主國，故凡有虧損其獨立自主體制，即如該國向中國所修貢獻典禮等，嗣後全行廢決。

第二款

中國將管理下開地方之權，并將該地方所有堡壘軍器工廠及一切屬公物件，永遠讓與日本。

一、下開划界以內之奉天省南邊地方以鴨綠江溯該江以抵安平河口，又以該河口划至鳳凰城、海城、及營口而止，划成折線以南地方。所有前開各城市，皆包括在划界線內。
該線抵營口之遼河後，及順流至海口止，彼此以河中心為界。遼東灣南岸及黃海北岸，在奉天所屬諸島亦一并在所讓界內。
二、台灣全島及所有附屬各島嶼。
三、澎湖列島，即英國格林尼次東經百十九度起至百二十度止，及北緯三十三度起至二十四度之間諸島嶼。

第三款

前款所載及黏附本國之地圖所划疆界，俟本約批准互換之後，兩國應各選派官員二名以上，為公同划定疆界委員，就地踏勘，確定划界。若遇本國所約疆界於地形或地理所關有礙難不便等情，各該委員等當妥為參酌更改。各該委員等當從速辦理界務，以期奉委之後限一年竣事，但遇各該委員等有所更定划界，兩國政府未經認准以前，應據本約所定划界為正。

第四款

中國約將庫平銀二萬萬兩交與日本，作為賠償軍費。該款分作八次交完。第一次五千萬兩，應在本約批准互換六個月內交清。第二次五千萬兩，應在本約批准互換後十二個月內交清。餘款平分六次，遞年交納，其法列下：第一次平分遞年之款，於兩年內交清。第二次於三年內交清，第三次於四年內交清，第四次於五年內交清，第五次於六年內交清，第六次於七年內交清。其年分均以本約批准互換之後起算。又第一次賠款交清後，未經交完之款，應按年加每百抽五之息，但無論何時應賠之款或全數或几分，先期交清，均聽中國之便。如從條約批准互換之日起三年之內能全數還清，除將已付息金或兩年半或不及兩年半於應付本銀扣還外，餘仍全數免息。

第五款

本約批准互換之後，限兩年之內，日本准中國讓與地方人民愿遷居讓與地方之外者，任便變賣所有產業退去界外，但限滿之後尚未遷徙者，酌宜視為日本臣民。又台灣一省應於本約批准互換後，兩國立即各派大臣至台灣，限於本約批准後兩個月交接清楚。

第六款

中日兩國所有約章，因此次失和，自屬廢決。中國約俟本約批准之後速派全權大臣與日本所派全權大臣，會同訂立通商行船條約，及陸路通商章程。兩國新訂約章，應以中國與泰西交國見行約章為本。又本國批准互換之日起，新訂約章未經實行之前，所有日本官吏臣民及商業工藝行船船只陸路通商等，與中國最為優待之國禮護視，一律無異。

中國約將下開讓與各款，以兩國全權大臣押蓋印日起，六個月後方可照辦。

第一、見今中國已開通商口岸之外，應准添設下開各處，立為通商口岸以便日本臣民往來僑寓，從事商業工藝制作。所有添設口岸，均照向開通商海口或向開內地鎮市章程一體辦理，應得優例及利益等，亦當一律享受。（一）湖北省荊州府沙市。（二）四川省重慶府。（三）江蘇省蘇州府。（四）浙江省杭州府。日本政府得派遣領事官於前開各口駐扎。

第二、日本輪船得駛入下開各口，附搭行客裝運貨物：（一）從湖北省宜昌溯長江以至四川省重慶府。（二）從上海駛進吳淞江及運河以至蘇州府杭州府。中日兩國未經商定行船章程以前，上開各口行船務依外國船只駛入中國內地水路見行章程照行。

第三、日本臣民在中國內地購買工貨件，若自生之物，或將進口商貨運往內地之物，欲暫行存棧，除勿庸輸納稅鈔派徵一切旅費外，得暫租棧房存貨。

第四、日本臣民得在中國通商口岸城邑任便從事各項工藝制造，又得將各項機器任便裝運進口，只交所定進口稅。日本臣民在中國制造一切貨物，其於內地運送稅，內地稅鈔課什派，以及中國內地沾及寄存棧房之益即照日臣民運入中國之貨物一體辦理，至應優例豁除，亦莫不相同。

嗣後如有因以上加讓之事應增章程規條，即載入本款所稱之行船通商條約內。

第七款

日本軍隊見駐中國境內者，應於本約批准互換之後三個月內撤回，但須照次款所定辦理
。

第八款

中國為保証認真實行約內所訂各款，聽允日本軍隊暫占守山東省威海衛。又於中國將本約所定第一、第二兩次賠款交清，通商行船亦經批准互換之後，中國政府與日本政府確定周全妥善辦法，將通商口岸關稅作為剩款并息之抵押，日本可允撤回軍隊。倘中國不即確定抵押辦法則未經交清末次賠款之前，日本仍不撤回軍隊。

第九款

本約批准互換之後，兩國應將是時所有俘虜盡數交還。中國約將由日本遣還俘虜，并不加以虐待若或置於罪戾。中國約將認為軍事間諜或被嫌逮系之日本臣民，即行釋放，并約此次交仗之所有關涉日本軍隊之中國臣民，概予寬貸，并飭有司不得擅為逮系。

第十款

本約批准互換日起，應按兵息戰。

第十一款

自本約奉大清國大皇帝陛下及日本帝國大皇帝陛下批准之後，定於光緒二十一年四月十四日，即日本明治二十八年五月初八日，在煙台互換。為此兩國全權大臣署名蓋印，以昭信守。

大清帝國欽差頭等全權大臣太子太傅文華殿大學士北洋通商大臣直隸總督一等肅毅伯爵

李鴻章（押印）

大清帝國欽差全權大臣二品頂戴前出使大臣
李經芳（押印）

大日本帝國全權辦理大臣內閣總理大臣從二位一等伯爵
伊藤博文（押印）

大日本帝國全權辦理大臣外務大臣從二位勛一等子爵
陸奧宗光（押印）

光緒二十一年三月二十三日
訂於下之關繕寫兩分。
明治二十八年四月十七日

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1895.04.17《中日馬關條約》-英文
http://www.taiwandocuments.org/shimonoseki01.htm

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Treaty of Shimonoseki

Signed at Shimonoseki 17 April 1895
Entered into Force 8 May 1895 by the exchange of the intruments of ratification at Chefoo
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TREATY OF PEACE

His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to restore the blessings of peace to their countries and subjects and to remove all cause for future complications, have named as their Plenipotentiaries for the purpose of concluding a Treaty of Peace, that is to say:

His Majesty the Emperor of Japan, Count ITO Hirobumi, Junii, Grand Cross of the Imperial Order of Paullownia, Minister President of State; and Viscount MUTSU Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs.

And His Majesty the Emperor of China, LI Hung-chang, Senior Tutor to the Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the province of Chili, and Earl of the First Rank; and LI Ching-fong, Ex-Minister of the Diplomatic Service, of the Second Official Rank:

Who, after having exchanged their full powers, which were found to be in good and proper form, have agreed to the following Articles:—

Article 1

China recognises definitively the full and complete independence and autonomy of Korea, and, in consequence, the payment of tribute and the performance of ceremonies and formalities by Korea to China, in derogation of such independence and autonomy, shall wholly cease for the future.

Article 2

China cedes to Japan in perpetuity and full sovereignty the following territories, together with all fortifications, arsenals, and public property thereon:—

(a) The southern portion of the province of Fengtien within the following boundaries [1]:

The line of demarcation begins at the mouth of the River Yalu and ascends that stream to the mouth of the River An-ping, from thence the line runs to Feng-huang, from thence to Hai-cheng, from thence to Ying-kow, forming a line which describes the southern portion of the territory. The places above named are included in the ceded territory. When the line reaches the River Liao at Ying-kow, it follows the course of the stream to its mouth, where it terminates. The mid-channel of the River Liao shall be taken as the line of demarcation.

This cession also includes all islands appertaining or belonging to the province of Fengtien situated in the eastern portion of the Bay of Liao-tung and the northern portion of the Yellow Sea.

(b) The island of Formosa, together with all islands appertaining or belonging to the said island of Formosa.

(c) The Pescadores Group, that is to say, all islands lying between the 119th and 120th degrees of longitude east of Greenwich and the 23rd and 24th degrees of north latitude.

Article 3 [2]

The alignment of the frontiers described in the preceding Article, and shown on the annexed map, shall be subject to verification and demarcation on the spot by a Joint Commission of Delimitation, consisting of two or more Japanese and two or more Chinese delegates, to be appointed immediately after the exchange of the ratifications of this Act. In case the boundaries laid down in this Act are found to be defective at any point, either on account of topography or in consideration of good administration, it shall also be the duty of the Delimitation Commission to rectify the same.
The Delimitation Commission will enter upon its duties as soon as possible, and will bring its labours to a conclusion within the period of one year after appointment.
The alignments laid down in this Act shall, however, be maintained until the rectifications of the Delimitation Commission, if any are made, shall have received the approval of the Governments of Japan and China.

Article 4

China agrees to pay to Japan as a war indemnity the sum of 200,000,000 Kuping taels; the said sum to be paid in eight instalments. The first instalment of 50,000,000 taels to be paid within six months, and the second instalment of 50,000,000 to be paid within twelve months, after the exchange of the ratifications of this Act. The remaining sum to be paid in six equal instalments as follows: the first of such equal annual instalments to be paid within two years, the second within three years, the third within four years, the fourth within five years, the fifth within six years, and the the sixth within seven years, after the exchange of the ratifications of this Act. Interest at the rate of 5 per centum per annum shall begin to run on all unpaid portions of the said indemnity from the date the first instalment falls due.
China shall, however, have the right to pay by anticipation at any time any or all of the said instalments. In case the whole amount of the said indemnity is paid within three years after the exchange of the ratifications of the present Act all interest shall be waived, and the interest for two years and a half or for any less period, if any already paid, shall be included as part of the principal amount of the indemnity.

Article 5

The inhabitants of the territories ceded to Japan who wish to take up their residence outside the ceded districts shall be at liberty to sell their real property and retire. For this purpose a period of two years from the date of the exchange of ratifications of the present Act shall be granted. At the expiration of that period those of the inhabitants who shall not have left such territories shall, at the option of Japan, be deemed to be Japanese subjects.
Each of the two Governments shall, immediately upon the exchange of the ratifications of the present Act, send one or more Commissioners to Formosa to effect a final transfer of that province, and within the space of two months after the exchange of the ratifications of this Act such transfer shall be completed.

Article 6

All Treaties between Japan and China having come to an end as a consequence of war, China engages, immediately upon the exchange of the ratifications of this Act, to appoint Plenipotentiaries to conclude with the Japanese Plenipotentiaries, a Treaty of Commerce and Navigation and a Convention to regulate Frontier Intercourse and Trade. The Treaties, Conventions, and Regulations now subsisting between China and the European Powers shall serve as a basis for the said Treaty and Convention between Japan and China. From the date of the exchange of ratifications of this Act until the said Treaty and Convention are brought into actual operation, the Japanese Governments, its officials, commerce, navigation, frontier intercourse and trade, industries, ships, and subjects, shall in every respect be accorded by China most favoured nation treatment.

China makes, in addition, the following concessions, to take effect six months after the date of the present Act:—

First.—The following cities, towns, and ports, in addition to those already opened, shall be opened to the trade, residence, industries, and manufactures of Japanese subjects, under the same conditions and with the same privileges and facilities as exist at the present open cities, towns, and ports of China:

Shashih, in the province of Hupeh.
Chungking, in the province of Szechwan.
Suchow, in the province of Kiangsu.
Hangchow, in the province of Chekiang.
The Japanese Government shall have the right to station consuls at any or all of the above named places.

Second.—Steam navigation for vessels under the Japanese flag, for the conveyance of passengers and cargo, shall be extended to the following places:

On the Upper Yangtze River, from Ichang to Chungking.
On the Woosung River and the Canal, from Shanghai to Suchow and Hangchow.
The rules and regulations that now govern the navigation of the inland waters of China by Foreign vessels shall, so far as applicable, be enforced, in respect to the above named routes, until new rules and regulations are conjointly agreed to.

Third.—Japanese subjects purchasing goods or produce in the interior of China, or transporting imported merchandise into the interior of China, shall have the right temporarily to rent or hire warehouses for the storage of the articles so purchased or transported without the payment of any taxes or extractions whatever.

Fourth.—Japanese subjects shall be free to engage in all kinds of manufacturing industries in all the open cities, towns, and ports of China, and shall be at liberty to import into China all kinds of machinery, paying only the stipulated import duties thereon.

All articles manufactured by Japanese subjects in China shall, in respect of inland transit and internal taxes, duties, charges, and exactions of all kinds, and also in respect of warehousing and storage facilities in the interior of China, stand upon the same footing and enjoy the same privileges and exemptions as merchandise imported by Japanese subjects into China.

In the event additional rules and regulations are necessary in connexion with these concessions, they shall be embodied in the Treaty of Commerce and Navigation provided for by this Article.

Article 7

Subject to the provisions of the next succeeding Article, the evacuation of China by the armies of Japan shall be completely effected within three months after the exchange of the ratificatioins of the present Act.

Article 8

As a guarantee of the faithful performance of the stipulations of this Act, China consents to the temporary occupation by the military forces of Japan of Weihaiwei, in the province of Shantung. [3]
Upon payment of the first two instalments of the war indemnity herein stipulated for and the exchange of the ratifications of the Treaty of Commerce and navigation, the said place shall be evacuated by the Japanese forces, provided the Chinese Government consents to pledge, under suitable and sufficient arrangements, the Customs revenue of China as security for the payment of the principal and interest of the remaining instalments of the said indemnity. In the event that no such arrangements are concluded, such evacuation shall only take place upon the payment of the final instalment of said indemnity.
It is, however, expressly understood that no such evacuation shall take place until after the exchange of the ratifications of the Treaty of Commerce and Navigation.

Article 9

Immediately upon the exchange of the ratifications of this Act, all prisoners of war then held shall be restored, and China undertakes not to ill-treat or punish prisoners of war so restored to her by Japan. China also engages to at once release all Japanese subjects accused of being military spies or charged with any other military offences. China further engages not to punish in any manner, nor to allow to be punished, those Chinese subjects who have in any manner been compromised in their relations with the Japanese army during the war.

Article 10

All offensive military operations shall cease upon the exchange of the ratifications of this Act.

Article 11

The present Act shall be ratified by their Majesties the Emperor of Japan and the Emperor of China, and the ratifications shall be exchanged at Chefoo on the 8th day of the 5th month of the 28th year of MEIJI, corresponding to the 14th day of the 4th month of the 21st year of KUANG HSU.
In witness whereof the respective Plenipotentiaries have signed the same and affixed thereto the seal of their arms.
Done in Shimonoseki, in duplicate, this 17th day of the fourth month of the 28th year of MEIJI, corresponding to the 23rd day of the 3rd month of the 21st year of KUANG HSU.

Count ITO HIROBUMI, [L.S.]
Junii, Grand Cross of the Imperial Order of Paullownia
Minister President of State
Plenipotentiary of His Majesty the Emperor of Japan

Viscount MUTSU MUNEMITSU, [L.S.]
Junii, First Class of the Imperial Order of the Sacred Treasure
Minister of State for Foreign Affairs
Plenipotentiary of His Majesty the Emperor of Japan

LI HUNG-CHANG, [L.S.]
Plenipotentiary of His Majesty the Emperor of China
Senior Tutor to the Heir Apparent
Senior Grand Secretary of State
Minister Superintendent of Trade for the Northern Ports of China
Viceroy of the province of Chili
Earl of the First Rank

LI CHING-FONG
Plenipotentiary of His Majesty the Emperor of China
Ex-Minister of the Diplomatic Service, of the Second Official Rank

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[1] The cession of the Liaotung Peninsula was reversed in return for an additional indemnity of 30,000,000 taels as provided for by the Liaotung Convention signed on 8 November 1895. [back]
[2] Article 3 was suppressed by Article 1 of the Liaotung Convention. [back]

[3] Details for the occupation of Weihaiwei were agreed to by the two sides in Separate Articles signed later the same day. [back]

Source: Treaties between China and Foreign States. Second Edition (Shanghai: by order of the Inspector General of Customs, 1917), vol. 2, pp. 590-596. Special thanks to Mr. Kenneth Choy for providing this material.

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