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tion at Wuchow, and secures in exchange a Nanning pass. In the consideration of this, and, in fact, of all the Regulations, it must be borne in mind that the navigation of the West River between Wuchow and Nanning is extremely difficult and hazardous, and is only open during a part of the year even to launches of the lightest draught.
Regulation 13, paragraphs 2 and 3.-I am of opinion that, in place of the penalties therein imposed, there should be substituted those of Rule 8 of the amended Inland Steam Navigation Regulations of 1898. If the offender is a British subject, and (or) the goods belong to a British subject, or the Chinese implicated is employed on a British- owned vessel, the matter can be dealt with under the Rules for Joint Investigation of 1868 and (or) Article 70 of the Order in Council of 1904. If the offence is committed by a Chinese passenger or is connected with goods belonging to a Chinese subject on board a British vessel, it appears to me that the local authorities should communicate with the nearest Commissioner of Customs, and the Commissioner, in turn, with the Consul, who may send a deputy to attend the inquiry (vide Article 2 of amended Inland Waters Regulations, 1898),
Regulation 23, paragraph 2.--" Full responsibility," it seems to me, requires definition, and unauthorized penalties, i.e., penalties which have not received the sanction of the Ministers of the Powers concerned, cannot be entertained or enforced. Possibly, however, the expression "full responsibility" only applies to any damage to other vessels owing to neglect of the prescribed rule of the road. This would not be objectionable, but the word "responsibility" should be more clearly defined.
Regulation 25.-The penalty appears unnecessarily drastic, but, even if allowed, it should be subject to Article 2 of the amended Inland Waters Regulations of 1898 and the Rules for Joint Investigation of 1868.
Infringements of the Regulations other than those specified should, I also think, in the case of British-owned steamers or lighters, and native boats owned by British subjects, be punishable under the Port Regulations (mide Article 5 of the Yang-tsze Regulations of 1898). For native craft chartered by British subjects or other foreigners, Article 7, section (e) of the last-quoted Regulations also seems applicable. The penalty thereunder likewise appears to me the proper one for breaches of Nanning Regula- tion 25 by foreign-chartered vessels.
The new Regulations seem on the whole to have been drawn up hastily and without due consideration, and if they are allowed to continue in force not only will the so-called opening of Nanning to foreign trade be a dead letter, but a precedent have been established dangerous for the future of trade in China.
(No. 3.) Sir,
7
Inclosure 5 in No. 1.
Sir J. Jordan to Consul King.
Peking, April 22, 1907. WITH reference to your despatch No. 6 of the 23rd March respecting Nanning, I should inform you that, by a despatch of the 29th November, 1906, His Majesty's Secretary of State instructs me that, in the view of His Majesty's Government, the term Treaty port, no matter how any particular port may have been opened, must in all cases be held to include the city and the waterway giving access thereto, together with any roads connecting such waterway with the city. You should, therofore, object to any action on the part of the Chinese authorities which would place the city of Nanning outside the port area.
Before addressing the Wai-wu Pu on the subject, I should be glad to be provided with copies of the correspondence between you and the Toatai, and also with a copy of the Regulations which he considers would be contravened by the residence of Messrs. Jardine, Matheson, and Co.'s agents inside the city.
As regards the provisional Customs Regulations, I am in general agreement both with your remarks and with those contained in a despatch of the 4th April received from His Majesty's Consul-General at Canton, and you are authorized to lodge the necessary objections with the Tuotai and the Commissioner of Customs.
I am, &c.
(Signed)
J. N. JORDAN.
I have, &c. (Signed)
R. W. MANSFIELD.
(No. 14.) Sir,
Inclosure 4 in No. 1.
Sir J. Jordan to Consul-General Mansfield.
Peking, April 22, 1907. REFERRING to your despatel No. 13 of the 4th April, I inclose, for your information, copy of a despatch which I am addressing to His Majesty's Consul at Wuchow on the subject of Nanning.
I shall be obliged if you will, in addition to the action proposed in your telegram No. 17 of the 3rd April, take an early opportunity of pointing out to the Viceroy and the Imperial Maritime Customs the objections as urged by yourself and Mr. King to the provisional Customs Regulations.
Copics of your despatch of the 4th April and of further communications to me on this subject should be sent to His Majesty's Consul at Wuchow for his information.
I am, &c. (Signed) J. N. JORDAN.
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