77
view, no legal Treaty basis, but has hit erto, in view of
the complicated ciresaetences arising out of the Treaty
sosition, been acquiesced in by the British shipning CO2-
monies, trusting to the fairness of the Customs suthorities.
That the Customs have no legal Treaty rights to fine a Bri-
tish vessel or meretant without the intervention of the Rei-
tish authorities is, in my view end I should imagine
equally in yours ?
self-evident. loreover this view was
in fact accepted by Sir Robert Hert and embodied in the old
Joint Investigation Rules. Later, in the Lien-ing esse
at Chefoo in 1907, the irregularity of the Customs fining
℗ British ship under threat or withdrawing the privileges
enjoyed under the Annual Guarantee wes recognised and the
fine returned. But, as I observed above, the practice of
enforcing Quɛtoes fines by administrative action has for
wany years been tacitly sequiesced in. All this trouble hee
only arisen through what our shipnine people remrd as the
unréssonable application of the mrsatice during the mat two
years, and the arbitrary inflietion of excessive fines in
/ cases