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CHINA ASSOCIATION,
C. 0.
RES
REG FF 20.
342
SIR,
SHANGHAI BRANCH, 13th December, 1895,
Messrs. Butterfield & Swire, managing agents of the China Navigation Company, Limited, have called the attention of the Local Committee of the China Association to an ordinance drafted by the Government of the Colony of Hongkong, intended to impose regulations upon the carriage of passengers between the ports in China now open to foreign shipping; and the matter having been deliberated upon by the Local Committee I now have the honour to address you upon the subject.
The Local Committee, on receipt of Messrs. Butterfield & Swire's letter, were unwilling to accept as correct the assertion that the Colonial Government could establish regulations applicable to British vessels beyond the port of Hongkong; and they took the precaution to ask Her Majesty's Acting Consul-General for information in regard to the power and authority possessed by the Colonial Government in a matter of such vast importance to British shipowners. Mr. Jamieson immediately replied that under the Act of Parliament 18 & 19 Victoria, cap. 104, commonly known as the "Chinese Passengers' Act, 1855," the Hongkong Legislature has power to make regulations respecting Chinese passengers ships and the treatment of passengers therein while at sea. In the Act a 'Chinese passenger ship' is defined as including every ship carrying from any port in Hongkong and every British ship carrying from any port in China or within 100 miles of the coast thereof more than twenty passengers being natives of China.' This communication from the Acting Consul-General removed the doubt entertained, and supported the assertion of Messrs. Butterfield & Swire that regulations have been drafted framed on the lines of the existing Hongkong ordinances, and that it is intended to enforce them so soon as they have received the approval of the Home Government: and the Local Committee had to consider what course they should take under the circumstances before them. Other information in possession of the Local Committee was to the effect that there was a draft ordinance before the Hongkong Legislature, or rather it is proposed to bring in a draft; but one of the provisions is that it will not be put in force unless the assent of all other powers, including China and Japan, is obtained to similar regulations for their ships.
The Local Committee are sensible, on these facts, that no definitive action has yet been taken by the Hongkong Government; but they are of opinion they are warranted in immediately adopting measures to place on record the many and grave objections there are to local colonial legislation of a character which will impose regulations
To the Right Honorable
JOSEPH CHAMBERLAIN,
Her Majesty's Secretary of State for the Colonies.