PUBLIC RECORD OFFICE
Reference :-
TTIC.O. 882
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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or exports, and that all attempts to interfere with that freedom of trade should be promptly punished.
9. The Commission do not consider it strange that a juuk should endeavour to keep near the Hong Kong shore and thus avoid being squeezed by an armed vessel at the mouth of this harbour, when she has to pay duty at her port of destination as appears by the evidence of witnesses examined.
10. Notwithstanding that instructions may be forwarded by the Canton Authorities to their officers, that they are not to trespass on the waters of this Colony; the temptation to neglect them is too strong for the class of men employed in the craizers when they know they can generally escape detection; and by seizure of the junks increase their prospect of prize money.
11. The proceedings of the above-named craft are gravest in character and most injurious to the trade of this Colony in those cases where they have occasioned the stoppage of junks proceeding from this with manufactured and other goods to distant ports on the coast, which are quite beyond the jurisdiction of the Canton Authorities. The Commission call attention to the case of the three junks, the "Tai Hing," the "San Fat," and the "Kam Hop Li," as set forth in documents which they have perused (C. S. O., No. 3,513). These vessels were proceeding on a distant voyage with cargoes of lawful merchandize, laden in this Colony, when they were stopped, and the masters threatened that, if they did not personally go to Canton and pay the export duty, their vessels would be towed thither.
12. From the oral evidence obtained by the Commission, this practice of forcing junks loading in this port to obtain their clearance and pay duties at Canton, or if they do not, to seize them at sea and take them to Canton by force, either to be mulcted heavily or confiscated there, has been carried on extensively. And now the Commission under- stand on good authority that orders more stringent than ever have been issued to the Europeans in the employ of the Hoppo of Canton to stop all vessels leaving or entering the harbour of Hong Kong, whencesoever they come, or whithersoever they are bound, or whatever may be their cargoes, if they have not paid duty to the said Hoppo. One witness says that he has been unable to despatch any junks to Hainan for three months in consequence of these proceedings; and another witness states that the junk trade with the small ports, from which they brought sugar, crockery-ware, tea, &c., to this Colony, and took back European goods, vermicelli, Singapore wood, &c., has entirely ceased for three months. From other sources, the Commission have learned that a number of junks are now lying at Canton under embargo, and which may be ultimately confiscated. The Commission are informed that the same practice did prevail some little time ago in the neighbourhood of Macao, and a junk from that Colony was seized and taken to Canton, but was released on the representation of the Governor, Viscount San Januario.
13. An additional hardship, and in some respects a more serious one than those above detached, will be found in the evidence. It is, that after paying their duties at Canton on arrival at ports in the Fukien Province, Hainan, &c., duties have to be paid over again to the local Custom House officers there, who utterly ignore the payment made to the Canton officials.
14. The next class of cases of hardship which the Commission would call attention to, is where the armed vessels in question have seized junks bound inwards to this Colony, from ports in Formosa, and taken them to Canton, where they have been mulcted in heavy sums, or condemned and sold with their cargoes, on the ground that they were not pro- vided with a "grand chop." The Commission would refer to the cases of the junks "Ng-hop Sing" and "Kum-hop Sing; both these vessels were bound to this Colony with lawful cargoes, from ports in Formosa, where they had paid such duties as were demanded of them, and received the usual certificate of clearance, as appears by the protest of the owners. It is not the custom at the ports in Formosa to issue "grand chops" to native junks, and the Commission have ascertained from a most reliable source, that native junks clearing from Formosa have hitherto never paid the rates of export duty, as set down in the Hoppo's schedule, yet there vessels are seized by Customs cruizers near the Lye-e- moon, and taken to Canton. One of the junks mentioned was mulcted in a fine of 900 dols and the other was confiscated with her entire cargo, after having been held to ransom in sums which varied in magnitude, with the length of the arrest, from 1,000 to 3,290 dols. (vide inclosure in C.S.O. 920 of 1874), in which the owner thus describes his efforts to ransom his vessel: "My junk is now at Canton. A partner in the Kwong Cheung Lung Hong named Tong Yik Cho, when my junk was first arrest, went up on my behalf to Canton to see if he could get my junk released. The Custom-house authorities at that time asked for a ransom of 1,000 dols., but after I had petitioned this Government to take up my case and reference had been made to Her Majesty's Consul in Canton, the Custom
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authorities informed Tong Yik Cho that now, in consequence of their having petitioned the Hong Kong Government, the junk would not be released under a ransom of 2,700 dol. I went up myself to Canton with Tong Yik Cho to see if I could get the last amount lessened. This was on the 10th instant, The Customs authorities told Tong Yik Cho that instead of lessening the amount they would increase it to 3,290 dol., and if the ransom was not paid within two days the goods and vessel would be sold and the crew imprisoned.
15. An important question in this consideration is-What right has the Hoppo of the Canton District to levy export duties on goods which have come from parts of China not in his jurisdiction, and which are allowed by the Hoppos of those places to leave for Hong Kong free of export duty? This is a course of action which has never been followed by any other Canton Hoppo, and seems to be a new idea on the part of the present Hoppo, for the purpose of increasing his own revenue.
16. To the Hoppo, the conveyance of goods into and out of Hong Kong may seem smuggling, but the Commission, bearing in mind the Treaty under which the island was acquired, cannot agree in that opinion. Hong Kong is declared a free port, and the Commission can come to no other conclusion than that any individual who encourages interference with the right attached to that condition of things, is acting in defiance of the Proclamation issued by this Government for the regulation of its trade.
17. The Commission beg leave to draw the serious attention of this Government to the position held by the Hoppo. From the information they have collected, he appears to be a person to whom the export and import duties on goods conveyed in native junks is farmed. He pays a certain sum for his privileges, and, in the pursuit of his gains, does not show that regard for Treaty or international rights which the Colony has a clear right to expect, and is justified in demanding from the Chinese Government.
18. The letter of Her Britannic Majesty's Consul in reply to the remonstrances of this Government in the case of the "Kum-hop Sing "junk is so characteristic of the general replies given by the Chinese Authorities in such cases that the Commission deem it right to draw particular attention to it. This junk, it turns out, was not captured by Captain Palmer, and has not been handed over on payment of a fine or otherwise. Sir Brooke Robertson in his letter, says:
•
** Sir,
"Her Majesty's Consulate, Canton, March 25, 1874. "In the case of the seizure of the "Kum-hop Sing" junk, reported in your despatch No. 70 of the 11th of February, I have the honour to inform you that after a searching inquiry into the case, both personally with, and by letters to, the Authorities, I have come to the conclusion that the vessel in question was legally seized in Chinese waters and under Chinese law for the following reasons:-
"She had on board 520 lbs. of fine and 9,104 lbs. of coarse tea, besides sugar and other produce, and the master could show no export duty receipt for the same, and only a 'Lekin,' or war-tax duty chop.
"She was captured by the revenue cruizer in command of Captain Palmer, in whose judgment and sense of justice I have confidence.
"The owners and master appeared at the office of the Superintendent of Customs, acknowledged the attempt to smuggle the goods into Hong Kong, and paid a fine for the release of junk and cargo, which were handed over to them,
"Under these circumstances, I consider it a case in which further interference is unnecessary.
"The same may be said with regard to the seizure of the Kum-hop Fang,' which was brought to my notice in your despatch No. 74 of the 14th February. The 'Kum-hop Fung' was seized, not for carrying sugar to the Colony of Hong Kong, but for having evaded the export duty on the sugar, and, as regards this junk having been captured by pirates in the river on her return to Hong Kong with a cargo of wood, the Viceroy informs me that inquiries are being instituted, but I am inclined to think there is not much truth in the story. The master of this junk and his Hong Kong agents have caused a great deal of trouble owing to their concealment of the real facts attending the seizure of their junk, in the hope, I believe, of getting off the payment of duties, and this second complaint appears to be of about as doubtful a character as the first; however, the master has his own authorities to appeal to and we are in no way his protectors.
"I have, &c.
"The Honourable J. Gardiner Austin,
"Colonial Secretary, Hong Kong."
(Signed)
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"B. ROBERTSON, Consul
19. That the Hoppo of Canton should have the power to seize and confiscate a vessel like the "Kum-hop Sing,” bound from a port in Formosa to this Colony, seems contrary
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