Gaichi means the territories of Japan (the Empire of Japan) other than the so-called inland in the period before the end of the World War II. It was also referred to as colonies or dependent territories. Under the current law of Japan, 'Gaichi' simply means 'the regions located outside of Japan' and is not restricted to the former Japan's territories (Refer to Definition of Gaichi).
Establishment of the Common law
After Japan colonized Taiwan, different types or contents of laws came into effect in various regions, and legal norms were needed to clarify the application of these laws. Therefore, the Common law (Act No.39 of 1918) was enacted and came into effect on April 17, 1918 to determine the application range of the laws in these regions where Japan held sovereignty and to integrate those laws (As of 2005, no official measure has been taken to abolish the said Common law, but it is considered practically invalid).
The Common law was considered applicable to overseas territories (including the Kwantung Leased Territory and the South Sea Islands which were not Japan's territories) due to the nature.
Further, Article 1 of the Common law legally defines Gaichi as the region that is not included in the inland (Article 2 stipulates that Karafuto [Sakhalin] is included in the inland).
Regions incorporated into the inland
Although Japan once lost its sovereignty over Sakhalin as a result of unequal treaties signed from the end of the Edo period to the early Meiji period, the southern area below latitude 50 degrees was reverted to Japan after the Treaty of Portsmouth in 1905 (it was originally defined as the inland by the Common law and was treated as a quasi-territory.
It was the only region which was incorporated into the inland later.)
Since Southern Sakhalin, just as Taiwan and Korea, was Japan's territory, the Japanese government took measures based on the viewpoint that the legislation in the region required the consent of the Imperial Diet. The governor-general of Karafuto-cho (Government Office of Sakhalin) located in Southern Sakhalin had the authority to issue orders (laws) in the form of Karafuto-cho order. However, unlike the governor-generals of Taiwan and Korea, the governor-general of Karafuto-cho was not generally entrusted with the legislative power by the Japanese government. That's because many residents of Southern Sakhalin were immigrants from the inland unlike Taiwan and Korea, and it was considered proper that the laws of the inland were applied to the immigrants without modifications. Thus, laws which should be enforced in Southern Sakhalin were specified by the imperial edicts, and for such laws the edicts also established some exceptions having regional or tribal characteristics. For the reasons, Southern Sakhalin was not treated as Gaichi and the Common law, previously stated, defined it as the inland.
In accord with the abolishment of 'Special cases for the laws enforced in Karafuto'(Imperial edict No.124 of 1920), Sakhalin was incorporated into the inland on April 1, 1943 in the name and reality.
Jurisdiction ⋯ Direct control of the Empire of Japan
Administrative district ⋯ Local authorities (City, Town, and Village) were established under Karafuto-cho (one of prefectures of Japan in the pre-war period).
Police organization ⋯ prefecture's police department
The Imperial Army ⋯ Northern Troops (Japanese army), Northern military district (Japanese army)
Monetary circulation ⋯ Yen (currency) issued by the Bank of Japan
Railway ⋯ The Ministry of Railways (Karafuto railway bureau, the former Karafuto-cho railway office)
Mail and telephone service ⋯ The Ministry of Communication
Public broadcast ⋯ Japan Broadcasting Corporation (Toyohara station)
Classification of the laws applicable to Gaichi
Taiwan was ceded to Japan in the Treaty of Shimonoseki and that was the first Gaichi (an overseas territory) that Japan acquired. At that time, a formal question arose about whether the Constitution of the Empire of Japan (hereinafter referred to as 'the Constitution'), which had been enforced in the inland, could be applied to the regions where Japan acquired sovereignty after the enforcement of the Constitution (More specifically, the question is about whether the legislation of Gaichi needed the consent of the Imperial Diet in accordance with Article 5 of the Constitution). Also, a practical question arose about whether it was proper to apply the laws, which had been enforced in the inland, without any modifications to Gaichi, where residents had different customs from the inland inhabitants.
The government consulted foreign advisors and, referring to the legislation systems of the advisors' home coutries, established a governing policy based on the premise that the Constitution should be in force in Gaichi which were included in Japan's territories (Southern Sakhalin, Taiwan, and Korea) and should not be in force in Gaichi which were not included in Japan's territories (the Kwantung Leased Territory and the South Sea Islands). On the other hand, with regard to the above assumption about colonies, Tatsukichi MINOBE denied the interpretation of the government, stating that it was legitimate to interpret that the Constitution should not be enforced to all colonies,' in his book "the Lecture of the Constitution."
On the type of laws to be enforced in Gaichi, the governing policy varied depending on whether or not the region was Japan's territory. If the region was Japan's territory, the governing policy also varied depending on whether or not the region had a high percentage of the residents from the inland.
Pursuant to the Shimonoseki Treaty signed in 1895, Taiwan became Japan's territory.
As for governing Taiwan, the government of that time settled on the governing policy based on the above viewpoint that the Constitution should be in force in Taiwan as it was Japan's territory and the legislation in Taiwan required the consent of the Imperial Diet in accordance with Article 5 of the Constitution. However, since research for local customs was required, the government predicted that it would take some time to establish the laws reflecting the actual conditions of Taiwan.
Therefore, although some variations were observed depending on the period, the government delegated the legislative power to the governor-general of Taiwan Sotokufu, which was founded for the administration of Taiwan, by granting authority to issue orders (laws or ordinances) with the exception of the laws that should be enforced in Taiwan for its nature (The delegation was comprehensive, so some people argued that it might be against the Constitution). Also, the government allowed the laws enforced in the inland to be enforced in Taiwan with imperial edicts (In the early colonial period, the former was operated as a general rule, but the latter became a general rule later. For details, refer to Laws regarding regulations which should be enforced in Taiwan).
Sotoku-fu (The Office of the governor-general) ⋯ Taiwan Sotoku-fu
Administrative district ⋯ Regions were divided into Taiwan administrative districts adopted during Japan colonial period and Cities, Towns, Villages were established under each district (Shrines were founded in the settlement of indigenous inhabitants of Taiwan). (5 prefectures and 3 sub-prefectures correspond to prefectures of the inland and City, Town, Village, and Shrine correspond to City, Town, and Village of the inland).
Police organization ⋯ Taiwan Sotoku-fu Police (Prefectural police departments of the inland correspond to prefectural police affairs departments and sub-prefectural police affairs sections.)
The Imperial Army ⋯ Taiwan army (Japanese army), Taiwan military district
Monetary circulation ⋯ Taiwan Yen issued by the Bank of Taiwan (Chinese:zh), Taiwan banknote (yen)
Railways ⋯ Taiwan Sotoku-fu, Transportation bureau, Railway department
Mail and telephone service ⋯ Taiwan Sotoku-fu, Transportation bureau, Communication department
Public broadcast ⋯ Taiwan Sotoku-fu, Transportation bureau, Communication department (Taipei station) => Taiwan Broadcasting Corporation
For details of Taiwan in Japan colonial period, refer to Taiwan under Japanese rule.
Korea became Japan's territory as a result of the Japan-Korea Annexation Treaty signed in 1910.
Since Korea was considered as Japan's territory just like Taiwan, the measures were taken based on the viewpoint that the legislation in Korea required the consent of the Imperial Diet. With the exception of the laws that should be enforced in Korea for its nature, the government delegated the legislative power to the governor-general of Chosen Sotokufu, which was founded for the administration of Korea, by granting authority to issue orders (laws) and also allowed the laws enforced in the inland to be enforced in Korea with imperial edicts. However, unlike Taiwan, the former had been operated as a general rule to the end of Japanese administration.
Colonial government ⋯ Chosen Sotoku-fu
Administrative district ⋯ Korea was divided into 8 Provinces. Prefectures and Counties were established in each Province, and Eups and Myeons were established in each County. (Province corresponds to Prefecture of the inland and Prefecture, Eup, and Myeon correspond to City, Town and Village of the inland).
Police organization ⋯ Chosen Sotoku-fu Police (Prefectural police departments of the inland correspond to Provincial police departments.)
The Imperial Army ⋯ Korean army (Japanese army), Korea military district
Monetary circulation ⋯ Korean Yen issued by the Bank of Korea
Railways ⋯ Chosen Sotoku-fu Railways => Chosen Sotoku-fu, Transportation bureau
Mail and telephone service ⋯ Chosen Sotoku-fu, Communication bureau
Public broadcast ⋯ Keijo Broadcasting Station => Korea Broadcasting Corporation
For details of Korea in Japan colonial period, refer to Korea under Japanese rule.
The Kwantung Leased Territory
Japan took over the Kwantung Leased Territory as a leased territory from the Russian Empire as a result of the Treaty of Portsmouth signed in 1905.
Although Japan obtained the sovereignty of the Kwantung Leased Territory, the leased territory did not comprise Japan's territories. Based on the fact, the government adopted the standpoint that the Constitution was not legally in force in the Kwantung Leased Territory and the Emperor was able to exercise the legislative power without the consent of the Imperial Diet. That is, the government did not enforce the laws of the inland (excluding the laws that should be enforced in the region due to its nature) in the Kwantung Leased Territory with the Imperial edicts, but exercised the legislative power by issuing the Imperial edicts to the Kwantung Leased Territory. However, edicts were basically issued which stipulated that a law enforced in the inland should be applied. Further, the government delegated a certain level of the legislative power (orders of the Kwantung Leased Territory) to the governor-general of the Kwantung Leased Territory by granting a certain level of authority to establish penal regulations.
Colonial government ⋯ Kantototokufu (the Office of the governor-general) => Kwantung Agency => Kwantung Bureau, Kwantung State Office
Administrative district ⋯ City, Ward (corresponding to City, Town, and Village of the inland)
Police organization ⋯ Police of the Kwantung Leased Territory
The Imperial Army ⋯ Kwantung Army, Kwantung military district
Monetary circulation ⋯ Korean Yen issued by the Bank of Korea
Railways ⋯ South Manchuria Railways
Mail service ⋯ The Ministry of Communication, Kwantung Communication bureau
Telephone service ⋯ Manchuria Electric Telegram and Telephone Corporation
Public broadcast ⋯ Kwantung Agency Communication (Dalian station) => Manchuria Electric Telegram and Telephone Corporation (Dalian Central Station)
The South Sea Islands
The South Sea Islands had once been part of German colonies, which were put under mandate of Japan by the League of Nations in 1920, in connection with the Treaty of Versailles signed in 1919.
As for the South Sea Islands (Nanyo-cho), as in the case of the Kwantung Leased Territory, the government did not enforce the laws of the inland but exercised the legislative power by issuing the Imperial edicts of the Emperor, as those islands were not considered as Japan's territory. Further, the government delegated a certain level of the legislative power (orders of the South Sea Islands) to the governor-general of Nanyo-cho by granting a certain level of authority to establish penal regulations. When Japan left League of Nations in 1935, the South Sea Islands were incorporated into Japan's territories. As for the demographic structure, unlike Korea, Taiwan, and the Kwantung Leased Territory, the population of immigrants, such as Japanese or Taiwanese, was larger than that of the indigenous islanders.
Colonial government ⋯ Nanyo-cho (Government office of the South Sea Islands)
Police organization ⋯ Police of the South Sea Islands (Prefectural police departments of the inland correspond to House Police Division of the Ministry of Interior)
The Imperial Army ⋯ Southern Expeditionary Army Group (Japanese Army) and 31st Division (Japanese Army)
Monetary circulation ⋯ Yen issued by the Bank of Japan
Mail and telephone service ⋯ Nanyo-cho, Transportation department, Communication Section (Telephone service was transferred to International telecommunication later.)
Public broadcast ⋯ Japan Broadcasting Corporation (Palau station)
Refer to higher education institutions in the former overseas territories.
Loss of Gaichi
Japan lost all the regions regarded as Gaichi after her defeat in the World War II, and the regions referred to as Gaichi does not exist today. The effective date (April 28, 1952) of the peace treaty with Japan is generally considered as the date on which Japan officially lost Gaichi, as Article 2 of the said treaty stipulated the renunciation of titles in Gaichi. However, since Republic of China did not join the treaty, the date of the renunciation of Taiwan may be considered as the effective date (August 5, 1952) of the peace treaty between Japan and the Republic of China.
Definition of the term Gaichi
Definition of the pre-war period
Before the World War II, Gaichi was used as an idiom and the scope of the term varied depending on the cases.
Among the laws enacted before the World War II, several laws included the term Nai-gaichi (the inland and overseas territories) in its title such as Nai-gaichi income and corporate taxes interference law (Act No.55 of 1940), but the term Gaichi was not used by itself and the scope of the term was not defined. However, these laws stipulated matters in Korea, Taiwan, the Kwantung Leased Territory, the South Sea Islands and Sakhalin and so it was presumed that these regions fell under Gaichi.
"Statistical yearbook of the Empire of Japan" (-1941) issued by the Statistics Bureau of the Cabinet defined only Korea, Taiwan, and Sakhalin as Gaichi. The South Sea Islands, the Kwangtung Leased Territory and the land appurtenant to South Manchuria Railways, which were not Japan's territories, were not included in Gaichi.
In "Study on the Governing Structures of Gaichi"(1943) written by Tansho YAMAZAKI, Korea, Taiwan, the Kwantung Leased Territory, the South Sea Islands and Sakhalin were treated as Gaichi.
In general usage, the land appurtenant to South Manchuria Railways, Manchuria, and the lands occupied by Japanese during the Pacific War were included in Gaichi as well as Korea, Taiwan, the Kwantung Leased Territory, and the South Sea Islands.
Further, settlements where the consul held the consular jurisdiction were included in the inland.
Definition of the post-war period
After the World War II, the term Gaichi were used in the laws.
The term Gaichi appeared in the laws, such as the imperial edict regarding the positions of the staff members of Gaichi offices (Imperial edict No.287 of 1946). Although the definition and scope of the term Gaichi were not clarified, the law were put into effect assuming Gaichi offices indicated Chosen Sotoku-fu, Taiwan Sotoku-fu, Kwantung Agency, and Nanyo-cho.
In "Gaichi legal system journal" (1955-1971) edited by the Treaties Bureau of the Ministry of Foreign Affairs, Taiwan, Korea, Sakhalin, the South Sea islands, the Kwangtung Leased Territory and the land appurtenant to South Manchuria Railways were treated as Gaichi.
According to the Treaties Bureau of the Ministry of Foreign Affairs, 'Gaichi is the territory governed by laws other than those of Japan proper.'
Definition of Gaichi under the current law
Under the current law, Gaichi simply means 'the regions other than Japan' and is not restricted to the former Japan's territories (e.g. Article 2 of Repatriates' Benefit Act). Additionally, several legal terms relating to Gaichi are used as stated below, but their scopes are not uniformly defined.
Gaichi postal saving, Gaichi money order, Gaichi money order saving ⋯ Services provided by the postal offices located in Korea, Taiwan, the Kwangtung Leased Territory, Sakhalin, Kurile Islands, the South Sea islands, Ogasawara Islands, Volcano Islands, Iotori Island, Iheya-Village and a part of Nansei Islands located below 27 degrees north latitude including Daito Islands (Article 2 of the Act on Special Treatment of Military Postal Savings, etc.).
Gaichi attorneys ⋯ Attorneys registered under Korean Attorney Order, Taiwan Attorney Order, and the Kwangtung Leased Territory Attorney Order (Article 37 of Public Prosecutor's Office Act etc.)
Gaichi related mutual benefit associations ⋯ Mutual benefit associations of the Communication office and Transportation bureau of Chosen Sotoku-fu and Mutual benefit associations of Monopoly bureau, Forestry enterprise, and Communication department and Railway department of Transportation bureau of Taiwan Sotoku-fu (Article 2 of the Act on Special Measures concerning Beneficiaries of Pension of Mutual Aid Association Established under Former Ordinances). Gaichi organization affairs ⋯ One of affairs under the control of the Ministry of Foreign Affairs (Article 4 of Ministry of Foreign Affairs Establishment Act). Refer to the Ministry of Foreign Affairs.
Meanwhile, some residents of Hokkaido, Okinawa Prefecture, Amami Islands (Kagoshima Prefecture), and Ogasawara Islands (Tokyo) refer to the mainland or Honshu as 'the inland', but they do not usually call their own regions Gaichi as an antonym of the inland.
It is not rare for the Japanese government to refer to territories other than the inland as colonies. For instance, the government stated, 'Korea, Taiwan, the Kwantung Leased Territory, the South Sea Islands were considered as Japan's territories' in "Colonial handbook" issued by Takushoku Office in 1923 (The handbook also mentioned about the land appurtenant to South Manchuria Railways).
For example, Japan's overseas territory is referred to as a colony in 'Requirements for making contracts borne by the national coffers' issued on September 3, 1932, but few other laws or regulations call such territory a colony. Under the current law, the former Japan's territories are not referred to as colonies. However, dependent territories of other countries are often referred to as colonies (even under the current law).
Tatsukichi MINOBE, a scholar of constitutional law and administrative law, defined 'colonies in the legal aspect'as 'a part of the national territories where different state laws were adopted' and stated, 'it was positive that Korea, Taiwan, Sakhalin, the Kwantung Leased Territory and the South Sea Islands were considered as colonies based on the above definition' ("Abstract of the Constitution").
Overseas territories etc. In response to an inquiry about the names and rank orders of the overseas territories from the Office of League of Nations, the Ministry of Foreign Affairs stated that Korea (English name: Chosen), Taiwan (English name: Taiwan), Sakhalin (English name: Karafuto), The Kwantung Leased Territory (English name: The leased Territory of Kwantung), and the South Sea Islands Mandate (English name: The South Sea Islands under Japanese Mandate) were the overseas territories. Meanwhile, when creating the reply, these regions were collectively referred to as colonies in internal documents of the Ministry of Foreign Affairs.
The term Dependent territory was used in treaties, collectively referring to territories other than the inland. For example, the term was used in Universal Postal Convention (Treaty No.11 of 1925).