563
adopted
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namely, that the Colonial authorities should refuse to license junks owned by Chinese subjects but flying foreign flags. All interested in the matter and at the same time having right to complain under Treaty would be Austria-Hungary, and the Board understand that the Austrian law only permits the use of the Austrian flag in cases of vessels owned either entirely or in great part by Austrian subjects. If therefore the operation of the proposed ordinance is strictly confined to Chinese-owned junks, there should be no great likelihood of difficulties arising in practice. Vessels of German and United States nationality could not under Treaty claim to receive the same treatment at Hong Kong as British vessels.
The Board are consequently of opinion that in view of the special circumstances of the case and of the remoteness of the danger of any practical difficulty arising from treaty stipulations, the course proposed by Sir H. Blake, viz: that the Hong Kong Government should be authorised to refuse a licence to any Chinese-owned junk flying a foreign flag might be approved, leaving it to any country that considers its treaty rights infringed by the Ordinance to make a complaint in the usual way.
As regards the proposal of Sir H. Blake that the onus of proof of ownership should be thrown on the master of the junk, the Board of Trade assume that the Hong Kong Government would be prepared to accept any proof of ownership which would be accepted under the law of the country whose flag is claimed, at least in the first instance.