4
PUBLIC RECORD OFFICE
Reference :-
CO. 882
3
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO |
6
would, if adopted, entail upon their author, I am convinced that the shortest, best, and only remedy for disputes and references which have existed for years, endangering our good relations with the Canton Government, is the recognized establishment of a branch of the Chinese Foreign Inspectorate at Hong Kong itself, a course which is at present substantially, but clandestinely, practised and acquiesced in by those Chinese merchants residing in this Colony who desire to avoid trouble, and the risk of seizure and "squeezing" by low officials outside the harbour limits.
་་
25. Even to this course grave objections might be made, and difficulties would doubtless attend any attempt to reconcile the interests of the free port of Hong Kong with those of the adjacent Chinese territory where duties are levied, and many articles, such as arms, gunpowder, saltpetre, &c., are contraband.
26. I shall address your Lordship separately on the "Kum-Hop-Sing" case, noticed in the Memorial. With reference to the expression of regret contained in the Memorial of the Chamber of Commerce, that I withheld from them the Report of the Commission of Inquiry, your Lordship will observe that the Chairman of the Chamber of Commerce was Chairman of the Commission of Inquiry also.
I have, &c.
(Signed)
Inclosure 1 in No. 2.
(No. 195.) Governmen! Notification.
A. E. KENNEDY.
The following Commission under the hand and seal of his Excellency the Governor, is published for general information.
(L.S.)
·
By Command, (Signed)
CECIL C. SMITH,
Acting Colonial Secretary.
Colonial Secretary's Office, Hong Kong, December 15, 1873.
A. E. KENNEDY.
WHEREAS for the furtherance of public interests as connected with the action of the Chinese Maritime Customs in the neighbourhood of the Colony of Hong Kong, and the detriment of trade arising out of alleged abuse of such action, it is expedient that inquiries and investigation should be made into certain complaints which have been made of such alleged abuses, and generally into the results thereof; And whereas such inquiries and investigation will be most conveniently prosecuted by means of a Commission: Now, therefore, know ye that I, Sir Arthur Edward Kennedy, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Knight Bachelor, and Companion of the Most Honourable Order of the Bath, Governor and Commander-in-chief of the Colony of Hong Kong and its Dependencies, and Vice-Admiral of the same, do hereby. under my hand and the seal of the said Colony, appoint you the Honourable Phineas Ryrie, Member of the Legislative Council; Henry George Thomsett, Esquire, RN., Harbour Master; and Malcolin Struan Tonnochy, Esquire, Acting Registrar General, or any two of you, to be a Commission for instituting and prosecuting all needful or proper inquiries in that behalf, and to take evidence in the premises, and to report to me all evidence so taken by you, and also your opinions thereon. And I do hereby require you to commence your inquiries forthwith, and to proceed therein continuously, and to make your report to me as aforesaid with all reasonable despatch And I do hereby empower you, during the
course, and for the purposes of your said Commission, to demand and obtain access at all times to all Papers, Records, and Documents, relating to the subject matter of the said Commission being in the custody and under the control of the several Public Departments within this Colony. And from time to time to call before you and examine all persons superintending or employed in or under any of the said Departments. And I do hereby charge all persons in the Public Service to be aiding and assisting unto you herein.
Given under my hand and under the scal of the Colony of Hong Kong, at Victoria, in the said Colony, this 15th day of December, A.D. One thousand eight hundred and seventy-three.
By his Excellency's Command,
(Signed) CECIL C. SMITH,
Acting Colonial Secretary.
!
Sir,
7
Inclosure 2 in No. 2.
Hong Kong, April 28, 1874. THE members of the Commission appointed by his Excellency the Governor, under a Warrant dated 15th December last, to inquire into, and investigate certain complaints made by Chinese traders against the action of the Chinese Marine Customs in the neighbourhood of this Colony, and the alleged detriment to trade arising from such action, have the honour to submit the following Report:-
2. The Commission have carefully perused all the documents that could be obtained bearing on the subject, and have examined orally a number of Chinese witnesses who came forward to give evidence. The Commission found considerable difficulty in obtaining evidence from Chinese engaged in trade between this and Canton, with regard to the action of the Chinese Customs to the detriment of the trade in that direction; those applied to, although acknowledging that irregularities were committed, were unwilling to come forward and give evidence, for fear of involving their connections with the native Authorities there. On the other hand, Chinese whose trading connections exist with Formosa and northern ports, beyond the jurisdiction of the Farmer of the Customs Duties at Canton, came forward willingly to give their evidence.
3. The Commission, in course of their investigation, find that a most vexatious system of blockading is kept up, at all the entrances to the harbour, by a number of boats in the employ of the Hoppo of Canton, the Salt Farmer, and the Collector of the Lekin Tax. These boats are of various classes, steam-launches, pull-a-way gigs, snake boats, and hak-kows, often partially manned by Europeans, and apparently under the supervision of a steam cruizer named the "Peng-chao Hai," commanded by a British subject and officered by Europeans. The proceedings of these craft have at various times been most unjustifiable, and when brought to the notice of the Chinese authorities by the Govern- ment of this Colony, through Her Britannic Majesty's Consul at Canton, the complaints have, in most instances, been met by denials and quibblings, and but slender satisfaction has in any instance been obtained. There is no doubt in the minds of the members of the Commission that the craft above referred to continually make use of and encroach into the waters of the Colony, and they would particularly call attention to the case reported by the Harbour Master on the 27th of June last, and referred to in documents C. S. O., 1,877, 1,980, and 2,191. This was a case where boats were found at anchor, and made fast to the shore of island, close to the Lye-e-moon. The falsehood of the statement made by the Chinese officials as to the facts of the case is apparent.
4. Another case is where a hak-kow boat, manned by nine Chinese and one European, was found at anchor close to Green Island (vide C. S. O., 310 of 1874).
46
5. In addition to the above, there are the cases of the junks "Chiat-heng Sing," Ng-hop Shing." and "Kum-chun Fat" (vide C. S. O., Nos. 1,893, 2,093, 2,690), all of which junks, according to statements of the crews, were captured within the waters of the Colony. The "Chiat-heng Sing" had a cargo of saltpetre, rice, &c., and was bound from Hong Kong to Cheong-po; the "Ng-hop Shing" had a cargo of sugar from Taiwan Foo to Hong Kong; the "Kum-chun Fat" had a cargo of saltpetre, sinews, &c., bound for Chin-chew; in the case of the latter, the facts were such as to induce even the Canton Authorities to admit that their employés were in the wrong, and compensation was made to the owner to the amount of 1,080 dols. 84 n., being about one-half of the declared value of his junk and cargo.
6. The Commission would call attention to the remarks of Her Britannic Majesty's Consul in his despatches Nos. 44 and 53, regarding these cases. The Consul in these despatches seems to ignore the fact that this Colony is a free port, and that no goods exported from it can be contraband, and that no vessel can be said to be smuggling until she endeavours to enter a Chinese port, or land her cargo on Chinese territory without paying duty.
7. With reference to the last portion of Consul Sir Brooke Robertson's letter No. 53, viz." I inclose two Chinese bank orders, not a very satisfactory settlement of the case, I admit, as I should have preferred to have had the junk and cargo handed over, but if Chinese residents in the Colony will make it the basis of smuggling into the Chinese Empire thereby entailing much trouble on the Colonial and this Office, and using the great protective privilege they enjoy under the British rule to cover illegal acts, they must be content to risk something, indeed under such circumstances they deserve to lose all.”
8. The Commission would only say that these remarks seem peculiar as coming from a British officer, protecting British interests, Her Majesty's Government having proclaimed Hong Kong a free port, and invited the Chinese to settle here, with the promise that they should be allowed to trade here at perfect liberty, free from all duties, either on imports