PUBLIC
LITT
RECORD OFFICE
C.O.
Reference -
Colonial Secretary's Report.
My Lord,
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Her Majesty's Consul's Remarks.
sires me to express his best thanks to you for the prompt manner in which the case was in the first instance taken up, and for the satisfactory result which his Excellency attributes to the careful and painstaking investigation of Mr. Vice-Consul Gardner, to whom the Administration considers this Government to be much indebted." (Signed) B. ROBERTSON, Consul.
Inclosure 4 in No. 9.
Canton, October 12, 1875. AFTER despatching my letter to your Lordship, of 8th instant, I had an inter- view with the Acting Viceroy Chang and explained to him the position of affairs regarding the cordon of Customs cruizers which surround the Colony of Hong Kong and the suspicion that their action is often arbitrary and vexatious and frequently unjust towards the native vessels trading with the Colony, and requested he would direct a strict inquiry into their proceedings, recent instances of which have lately been transmitted to me by the Colonial Government. At the same time I told him that the only certain remedy for the present state of things was the withdrawing the surveillance altogether, and I should be glad to have from him some proposition by which the duties of the Imperial Government could be protected and the cruizers withdrawn, but that of course the duties could not be levied in Hong Kong itself.
The Viceroy replied he was aware that this surveillance and the seizures consequent upon it were open to objection, and he would gladly concur in some plan which would obviate the necessity of the present system. I hinted that possibly a plan of certificates might be devised which would be granted by some one having authority in the Colony, and his Excellency replied that such seemed feasible, but he would consider the matter.
The Earl of Derby will see from this that it may be possible to arrange some scheme which will meet the exigencies of the case.
I have, &c. (Signed)
The Right Hon. Lord Tenterden, C.B.,
&c.
&c.
&c.
No. 10.
B. ROBERTSON, Consul.
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be treated as men-of war, though I may perhaps be permitted to say that it is highly advisable that they should be so recognized. What is of great importance, however, in considering their position is the question whether, if the privileges of men-of-war are accorded them, they should not be required to abstain from abusing those privileges. For it surely must be accounted an abuse that, owing to exemption from the control and supervision of the local Government and from the liabilities of Colonial laws, they should make this port the basis of their operations against the junk trade of the Colony. These cruizers enter and leave the waters of the Colony when they choose, and the Agents and spies of the Customs who are in the Colony supply them with information, on which they stop, search, and seize junks just outside Colonial jurisdiction-
5. The Government of this Colony does not wish in any way to protect smugglers, or to obstruct the legitimate operations of the Chinese Revenue service, and it is unfor- tunate that representations which it has to make should occasionally give colour to any inference to the contrary. Nevertheless, so long as the Canton officials conduct their revenue system on its present footing, and refrain, notwithstanding repeated applications, to publish its Tariff and Customs Regulations, and continue to act harshly, oppressively, and unjustly in carrying out those regulations, the Government is compelled to act a part of apparent antagonism to a friendly Power. This would cease if the high authorities at Canton could be induced to act more in accordance with international comity, and if concessions, which doubtless ought to be made on both sides, were not exacted or yielded by only one of the interested parties.
I have, &c.
(Signed)
J. GARDINER AUSTIN, Administrator.
Inclosure 1 in No. 10.
Opinion of Attorney-General.
LOOKING to the information furnished by Sir Brooke Robertson, it appears that these vessels are employed in services of a public nature, although they are in the service of the Haekwan rather than of the Emperor of China. But that part of their service consists in enforcing Treaties with foreigners which appertain to Imperial interests, and not to the special duties of the Haekwan. They also fly the national flag, and a pendant.
Under these circumstances, I think that they should be accorded the privileges of men-of-war until his Excellency receives instructions to the contrary from the Secretary of State.
JOHN BRAMSTON, Attorney-General.
November 8, 1875.
(Signed)
882
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COPYRIGHT PHOTOGRAPH—NOT TO
BF
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE REPRODUCED PHOTOGRAPHIC-
Acting Governor Austin to the Earl of Carnarvon.—(Received December 27.)
(No. 155.) My Lord,
Government House, Hong Kong, November 16, 1875. ON receipt of your Lordship's despatch No. 74 of the 25th August last,* I caused a Memorandum to be prepared containing all the information obtainable here as to the character and status of the Chinese Customs steam cruizers. That Memorandum was transmitted to Sir Brooke Robertson, with a request that he would supplement or amend it, with a view to the fullest possible information on the subject being submitted to your Lordship.
2. I now beg to forward to your Lordship a copy of the Memorandum with Sir Brook Robertson's remarks, to which is added an opinion of the Attorney-General.
3. In connection with this question I may mention that in September last I received an application from Mr. Justice Snowden for information as to the "view the Government of this Colony entertains respecting the maritime character of the 'Peng Chao Hai' (one of the steam cruizers)," as in a suit before him the counsel for the Captain had claimed exemption from the jurisdiction of the Court, on the ground that the defendant held a commission as captain from the Hoppy of Canton; that the vessel was an armed cruizer in the service of His Imperial Majesty the Emperor of China, and that she is used for national purposes. Having consulted the Attorney-General, I directed that Mr. Snowden should be informed that, in the opinion of the Government, the "Peng Chao Hai" is entitled to the privileges of a man-of-war.
4. It is not necessary for me to offer any opinion upon the right of these cruizers to
• No. 7.
Inclosure 2 in No. 10.
Chinese Customs Steam Cruisers.
1. THERE are four or five of these vessels which visit the waters of this Colony. They are all commanded by foreigners, and
are under the direct authority of the Haekwan (or Hoppo) of Canton. They are armed vessels employed by him for the prevention of smuggling, and for the better administration of the Department over which he presides. They fly the flag recognized as the national flag of China, as well as a pendant.
2. When these vessels first came to China, they were reported to be also employed in the suppression of piracy, and Her Majesty's ships on the station were ordered to co-operate with them.
Remarks.
2. The "Peng Chao hai" was one of the Sherrard Osborne Fleet, which was dis- banded. She was purchased for Customs service; the other two were purchased in China. I never before heard of their having been intended for any other pur- pose.
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