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2. Mr. Harris undertook on the 11th ultimo at a conference, which he had with me, to translate the draft convention into Chinese and, when presenting it to the Governor-General of the Liang Kuang provinces, to inform his Excellency that it contained the utmost which in his opinion the Chinese Government could hope to successfully negotiate with the Hong Kong Government, and I emphasised to Mr. Harris that his success in obtaining my consent to it would, in a large measure, depend on the success of the negotiations with regard to the railway working agree- ment of which article 13 forms an integral part. It was understood that his Excellency would then approach me with a request that the convention as drafted should be accepted by the British Government.
3. I have underlined in red* on the attached copy of the draft convention all the passages in which it differs from the draft forwarded under cover of my confidential despatch of the 28th April, 1910, Mr. Harris concurs in all these alterations.
I have, &c.
Enclosure 2 in No. 1.
F. D. LUGARD.
Draft Anglo-Chinese Customs Convention of Hong Kong.
THE Government of His Britannic Majesty and the Government of His Imperial Majesty the Emperor of China being mutually desirous of safe-guarding the revenue of the Chinese Imperial Maritime Customs and of securing reciprocal benefits of trade and commerce have authorised the undersigned to conclude the following agreement.
ARTICLE 1.
A junk means any sea-going sailing-vessel of Chinese or other Asiatic build, construction, and rig. For the better regulation of such vessels in the waters of the colony the Hong Kong Government will arrange :~~~~
(a.) That junks shall be licensed as at present in two classes as trading or fishing, the latter may only be employed in fishing, and no junk may receive a licence in both classes at the same time.
(b.) That every junk whether licensed or unlicensed shall be provided by the harbour master with a certificate of registration in the form of a pass book to be hereafter mutually agreed upon.
(c.) That trading junks may not leave any port in the colony between the hours of 6 P.M. and 6 A.M. from October to March (inclusive), or 7 P.M. to 5 A.M. from April to September. Supervision shall be exercised by the proper British authority to prevent contravention of this rule.
(d) That fishing junks shall have their certificate number painted on their mainsails in such manner as the harbour-master may direct. Supervision shall be exercised by the proper British authority over stores carried.
(e.) That every trading junk shall enter and clear at the harbour-master's station when arriving at or departing from the following ports :---
Victoria, Shaukiwan, Sai Kung, Tai O, Cheung Chau, Shau Tau Kok, Aberdeen, Tai l'o, Stanley, Yaumati,
Provided that the above list may be altered or added to by mutual consent at any
time.
(f) That every junk entering or clearing shall have her pass book certificate and also her Imperial Maritime Customs pass book endorsed and dated by the harbour authority, and the harbour authority shall satisfy himself that the junk has reported at the proper Imperial Maritime Customs Station en route to and from the colony. (g) That any junk failing to produce her Imperial Maritime Customs and proof of payment of customs dues, shall be detained by the harbour authority while the junk master proceeds to the nearest Imperial Maritime Customs Station to secure the required documents.
pass
book
(h.) That if the harbour authority is satisfied that a junk has evaded payment of proper customs dues, he shall notify the fact to the Imperial Maritime Customs Commissioner.
*Printed in italics.
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(2.) That every trading junk shall deposit a manifest of inward and outward cargo with the harbour authority, who shall inform the Commissioner of Customs of
the contents thercof.
ARTICLE 2.
(a) Every vessel bringing salt, sulphur, or saltpetre into the waters of the colony shall declare the quantity, port of origin, and destination to the harbour authority. If the salt, sulphur, or saltpetre is to be landed or transhipped, it shall be deposited in a licensed warehouse.
(b.) Any junk or launch importing salt, sulphur, or saltpetre into the waters of the colony without the usual Imperial Maritime Customs documents required by the Chinese authorities, shall be detained by the harbour authority until the master of the junk or launch has proceeded to the nearest Imperial Maritime Customs station to procure the required documents.
(c.) No salt, sulphur, or saltpetre may be withdrawn from a licensed warehouse except under a removal permit, which, if the salt, sulphur, or saltpetre is declared for export to China, shall be granted only on production of the usual import certificate properly authenticated by the commissioner of Imperial Maritime Customs.
(d) Every licensee of a licensed warehouse for salt, sulphur, or saltpetre shall keep such books as may be prescribed showing imports, exports, and local sales, The books shall at all times be open to inspection by Government.
(e.) Every manufacturer of salt in the new territories leased under the convention of the 19th June, 1898, shall deposit the salt manufactured by him in a licensed warehouse, and the licensee thereof shall keep a register in a prescribed form showing the amount made and sold. Such register shall be at all times open to inspection by Government.
(J.) No retail dealer in the new territories shall keep salt on his premises in excess of a prescribed amount without a special licence.
(g) Salt in excess of a prescribed quantity shall not be removed from a licensed warehouse or shop or from place to place in the colony except under permit from the proper British authority.
ARTICLE 3.
No person shall have dynamite or other explosives in his possession except as provided by law, and no person shall store dynamite except by licence. Every licensee shall keep books in a prescribed form showing the quantity received under permit and the amount used daily. All such books shall be open to inspection by Government.
ARTICLE 4.
So lony as this agreement shall remain in forre the Hong Kong Government will permit the Imperial Maritime Customs to maintain a sub-office at Shamshiupo or elsewhere as may be approved by the Hong Kong Government for customs purposes,
ARTICLE 5.
Steam launches duly registered by the Imperial Maritime Customs under the Inland Waters Steam Navigation Regulations may trade between Hong Kong and non-open ports in the Liang-Kuang provinces provided that :---
(a.) On each occasion of arrival at and departure from Hong Kong the launch master shall deposit his manifest in duplicate with the harbour authorities, who shall send one copy to the Imperial Maritime Customs Commissioner.
(b.) The launch muster shall apply for and be granted a special pass from the Imperial Maritime Customs for each trip which shall specify the destination and places at which the lunches may desire to call, and the customs stations to be passed called at on the inward and outward voyage to and from China. The launch must proceed direct to the first customs slation specified on the pass.
(c.) All launches proceeding to son-treaty ports in the Liang Kuang provinces under this article must call at the Imperial Maritime Customs sub-office agreed upon by the Hong Kong Government where cargo and baggage will be examined, and hatches may be scaled after loading. Dues may be paid at the master's option at such sub-office or at the station specified on the pass.
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