CO129-123 - Sir MacDonnell - 1867 [7] — Page 122

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

120

The Penalty of Confiscation can only be incurred under the 47th Article of the Treaty of Tientsin in cases where the Vessel either unlawfully enters a Port other than one specified or carries on Clandestine trade along the Coasts of China. The words "unlawfully enter" can have no other signification than that of entering with the intent and for the purpose of trading in violation of the Treaty.

But even had the word "unlawfully" been omitted from the Clause, the circumstance of being driven into a forbidden Port by vis major such as stress of weather, fear of Pirates, etc., would not in my opinion subject the Vessel to confiscation, as the exception of vis major must be implied in accordance with the ordinary rules of construction applicable to the clause, the spirit of which is clearly to prevent British vessels from resorting to the forbidden Ports for trading purposes.

I may mention that it does not clearly appear that the "Prince Albert" entered any Port at all. She anchored a few miles up the River under the...

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2026-05-19 18:49:14 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

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120 The Penalty of Confiscation can only be incurred under the 47th Article of the Treaty of Tientsin in cases where the Vessel either unlawfully enters a Port other than one specified or carries on Clandestine trade along the Coasts of China. The words "unlawfully enter" can have no other signification than that of entering with the intent and for the purpose of trading in violation of the Treaty. But even had the word "unlawfully" been omitted from the Clause, the circumstance of being driven into a forbidden Port by vis major such as stress of weather, fear of Pirates, etc., would not in my opinion subject the Vessel to confiscation, as the exception of vis major must be implied in accordance with the ordinary rules of construction applicable to the clause, the spirit of which is clearly to prevent British vessels from resorting to the forbidden Ports for trading purposes. I may mention that it does not clearly appear that the "Prince Albert" entered any Port at all. She anchored a few miles up the River under the...

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120 The Penalty of Confiscation can only be incurred under the 47th Artist of the Treaty of Tientsin in cases where the سموسے Vessel either unlawfully enters a Port other than o " Greaty Post or carries on Clandestine trade along the Coasts of China. The words unlawfully enter can have no other signification thou that of entering with the intent and for the purpose of trading in violation of the Treaty. But even had the word unlawfully been omitted from the Clouse, the circumstance of being driven into a forbidden " Port by vis major such as stress of weather, fear of Virates F. would not in my opinion subject the Vessel to confiscation, as the exception of vis major must be implied in accordance with the ordinary unles of construction applicable to the alause, the spirit of which is clearly to prevent British tessels from resorting to the for bidden Ports for the trading purposes. Imay mention that it does not clearly appear that the "Prince Albert entered any any Tost at all. The anchored a few miles up the River under the

2026-05-19 18:49:14 · Baseline

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120

The Penalty of Confiscation can only be incurred under the 47th Artist of the Treaty of Tientsin in cases where the

سموسے

Vessel either unlawfully enters

a Port other than o

Greaty Post

or carries on Clandestine trade along the Coasts of China. The words unlawfully enter can have

no other signification thou that

of entering with the intent and

for the purpose of trading in violation of the Treaty.

But even had the word unlawfully been omitted from

the Clouse, the circumstance

of being driven into a forbidden

Port by vis major such as stress

of weather, fear of Virates F. would not in my opinion subject the Vessel to confiscation, as the exception of vis major

must be

implied in accordance with the ordinary unles of construction applicable to the alause, the

spirit of which is clearly to prevent British tessels from resorting to the for bidden Ports for the trading purposes.

Imay mention that it does

not clearly appear that the "Prince Albert entered any

any Tost at all. The anchored a few miles up the River under the

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