Copy
(F 1423/26/10)
ENCLOSURE NO. 4 IN CANTON DESPATCH LO. 30 of 5/1/1940
to B.E. SHANGHAI.
British Consulate-General,
Canton,
3rd February 1940.
120
Sir and dear Colleague,
I have the honour to acknowledge the receipt of your letter of January 30th enclosing a copy of the English translation to the Temporary Regulation of the Pearl River Pilotage Service.
2.
I would observe that British shipping has been navigating the Pearl River for many decades; that the area is minutely charted: and that the masters of British ships plying regularly to this port are perfectly competent to navigate these waters. The introduction of these Regulations is therefore unwarranted by necessity, and is an unjustifiable restriction of the rights of British shipping. Moreover, I have been given to understand that the re-opening of the Pearl River to free navigation is to take place at an early date; in these circumstances it is particularly regrettable that so retrograde a step as the introduction of compulsory pilotage should be taken. I would point out that hitherto there has never been any compulsory pilotage in Chinese waters, and that Article XXXV of the Treaty of Tientsin, 1858, between Great Britain and China, provides that British ships shall be at liberty to engage a pilot.
3. In view of Article 19 of the Regulations I must state clearly that British nationals and ships are subject only to British law administered by British courts.
4.
I have therefore to protest against these Regulations and to reserve all rights of His Britannic Majesty's Government and of British nationals in this connexion. I do not propose to go into detail at the present stage, but I must take the strongest exception to the discrimination in favour of Japanese shipping in Article 2. I would also point out that the scale of fees laid down in Article 11 is grossly excessive, the charges being at least three times as high as those previously obtaining at Canton. I also find it difficult to understand the exclusion of Whampoa from the limits of the Pilotage Ground. As the difficulties of navigation to Whampoa are identical with those to Canton, this differentiation is inexplicable.
5. I must also protest against the short notice given of the introduction of these Regulations, particularly in view of the fact that they are stated to have been enacted as long ago as July 27th, 1939.
I
have, etc (Signed)
'w. Stark Toller.
W.
Consul-General.
T. Matsudaira, Esquire,
Acting Consul-General for Japan,
Canton.
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