No. 52.

1138 Reed a

By d 21. Jou - 86

Memorandum on demi-official Letter from Sir R. Hart, dated 31st October, 1885, with Accompaniments.

11

As regards the first of the special considerations urged in the body of Sir R. Hart's letter, it must be observed that the arrangement formulated in the Additional Article of the 18th July, 1885, is precisely that which has all along been desired by the Chinese Government, and has been represented by the Tsung-li Yamên as containing all they required.*

With reference to the second consideration, it may be remarked that the Chinese Minister urged that the opium arrangement was a necessary preliminary to the abolition of inland li-kin on goods other than opium, which the Chinese Government had in contemplation. This abolition, it is understood, is what is desired by Germany.†

And as regards the fourth point, it is to be noted that it was at the special desire of the Chinese Government that it was left to them to induce the other Treaty Powers to accede to the Additional Article.‡

It is evident from the above that the Chinese Government cannot fairly claim any concessions or arrangements in the matter of opium beyond those contained in the Additional Article.

At the same time, Her Majesty's Government are desirous to do all in their power to facilitate the realization of the revenue from opium which it was the object of the Additional Article to secure to China.

Sir R. Hart represents that this object is not adequately attained by the provisions of the Additional Article alone, and the suggestions he has transmitted are intended to effect it. Her Majesty's Government are, therefore, willing that these suggestions, with the exceptions noted below, shall be considered by the Commission provided for in Clause VII of Section 3 of the Chefoo Agreement to inquire into the question of the prevention of smuggling into China from Hong Kong. It is desirable that this Commission should be appointed as soon as possible, as contemplated by Clause 9 of the Additional Article.

Two of the proposals of Sir R. Hart, however, seem to be altogether inadmissible. The effect of Clause B of the second proposal would apparently be that China would realise a revenue from the taxation of the opium consumed by the population of Hong Kong, to which Her Majesty's Government could not assent. And the fifth proposal is that Her Majesty's Government shall prevent opium from being exported to China from Indian or colonial ports except in vessels under the flag of a Power which has accepted the Additional Article. This could be effected only by legislation which the Government of India would certainly decline to undertake, as being contrary to the principles of their policy, and which would also be nugatory, since there could be no means of preventing the subsequent transhipment of the opium to other vessels bound to China.

* See Memoranda addressed by the Prince of Kung to Sir T. Wade of January 25, 1882, and February 2, 1882; and Sir T. Wade's despatch to Earl Granville of June 3, 1882.

† See Memorandum of the Marquis Tsêng of March 12, 1883, sent to Earl Granville.

‡ See paragraph 2 of Earl Granville's Confidential note of April 27, 1883; the last two paragraphs of the Marquis Tseng's Memorandum of September 27, 1884; the penultimate paragraphs of Earl Granville's note to the Marquis Tseng of February 9, 1885; and the last paragraph but two of the Marquis Tseng's Memorandum of March 18, 1885.

Nos. 39, 42, 44, and 47.

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