2.
65
or regulation to cause the master to appear before the
Consul or other official concerned to answer the charge".
"We jointly and severally guarantee as regards
each of such steamers that the master and all other of-
ficers shall receive strict orders not to allow any
opium, salt, and/or other contraband or amuggled goods
to be received on board".
"That any person employed in connection with such
steamer who does or who aids or abets or who does not
prevent any action detrimental to the Chinese revenue
shall be suitably punished".
The Commissioner's attempt to justify the fine by
reference to the Annual Guarantee falls to the ground, for
under that document the Company only binds itself to order
the ship's officers not to allow contraband to be taken on
board. This the Company claims (and the Customs does not
deny) it has always done. It is then the Master, if anyone,
who should be punished, in which case the Company can only be
fined if it is unable within three months of the offence to
cause the Master to appear before his Consul; but the Com-
pany is prepared to produce the Master of the s.s. "Ting
Sang" before the Consular Court so it is difficult to see
what offence they have committed.
Had the Company insisted, it could have refused
to pay the fine, in which case the Customs would have had
either to institute proceedings against the Master in the
Consular Court or to drop the matter. But it seldom pays
a mercantile concern to contest decisions of the Customs,
however autocratic and arbitrary they may be, and in the
/ case