267
58.
penalties could be enforced in the interests of the
Customs. A clause was added providing for legal proceedings brought by the Hongkong Government against
the defaulter in the Hongkong courts. The Attorney- General observed that it was very unusual to enforce
the revenues laws of another state.
63.
In Article 16, dealing with duration of the agreement, the Governor suggested 10 years instead of five (the draft was altered accordingly) and as
regards the nationality of the Commissioner, the
Governor insisted he should be a British subject
"acceptable to the Hongkong Government". New
Articles were inserted in the agreement dealing with
the cost of legal proceedings, the cost of seizures,
the cost of loss or damage to goods seized while
under detention, all of which was to be borne by the
Customs. An article was added saying that nothing
in the agreement was to affect the right of the
Hongkong authorities to make seizures authorised by
the law of the Colony.
that the salaries of officers engaged by the Hongkong
Government for the purpose of legalising seizures
made in Hongkong territory on behalf of the Customs,
should be refunded by the Customs, and such officers
were to be entitled to share in rewards for seizures.
The same conditions were to apply, mutatis mutandis,
in cases of seizures on behalf of the Hongkong
Government.
64.
Lastly, it was stipulated
The draft was therefore revised, in accord-
ance with this discussion, by a drafting committee
of Hongkong and Customs officials (it was later
further examined and slight emendations were
/made