6 you
already been communicated to Telegraph,
by
and the release of the Vessel - depends upon the security Bond of the Agents being guaranteed by the Government
About this it is presumed there will be no difficulty having regard to H. E.
Mr.
In Mr. G. Jervis's letter of the 15th June-
B.
for doubtless the owners have taken
the usual steps for securing
Straits Government against incurring
any pecuniary liability
I have &c.
(Signed) Cecil C. South
Acting Colonial Secretary
RULES FOR JOINT INVESTIGATION IN CASES OF CONFISCATION AND FINE BY THE CHINESE CUSTOM HOUSE AUTHORITIES, &c.
We have been favoured with an official copy of the Rules as above, under which the Court sat in the Carisbrooke investigation. They are as follow:---
### RULE 1.
It shall be the rule for all business connected with the Custom House Department to be, in the first instance, transacted between the Commissioner of Customs and the Consul, personally or by letter; and the precedence in deciding cases shall be taken in accordance with the following Regulations.
### RULE 2.
Whenever a ship or goods belonging to a Foreign Merchant is seized in a port in China by the Custom House officers, the seizure shall be reported without delay to the Kien-tuh or Chinese Superintendent of Customs,
If he considers the seizure justifiable, he will depute the Shin-wa-szo, or Foreign Commissioner of Customs, to give notice to the party to whom the ship or goods are declared to belong that they have been seized, because such or such an irregularity has been committed, and that they will be confiscated unless, before noon on a certain day, being the sixth day from the delivery of the notice, the Custom House authorities receive from the Consul an official application to have the case fully investigated,
The merchant to whom the ship or goods belong, if prepared to maintain that the alleged irregularity has not been committed, is free to appeal, within the limited time, directly to the Commissioner, who is to inform the Superintendent. If satisfied with his explanations, the Superintendent will direct the release of the ship or goods; otherwise, if the merchant elect not to appeal to the Customs, or if, after receiving his explanations, the Superintendent still declines to release the ship or goods, he may appeal to his Consul, who will inform the Superintendent of the particulars of this appeal, and request him to name a day for them both to investigate and try the case publicly.
### RULE 3.
The Superintendent, on receipt of the Consul's communication, will name a day for meeting at the Custom House; and the Consul will direct the merchant to appear with his witnesses there on the day named, and will himself on that day proceed to the Custom House.
The Superintendent will invite the Consul to take his seat with him on the bench; the Commissioner of Customs will also be seated to assist the Superintendent.
Proceedings will be opened by the Superintendent, who will call on the Customs' employés who seized the ship or goods to state the circumstances which occasioned the seizure, and will question them as to their evidence. Whatever the merchant may have to advance in contradiction of their evidence, he will state to the Consul, who will cross-examine them for him. Such will be the proceedings in the interest of truth and equity. The Consul and Superintendent may, if they see fit, appoint deputies to meet at the Custom House in their stead, in which case the order of proceeding will be the same as if they were present in person.
### RULE 4.
Notes will be taken of the statements of all parties examined, a copy of which will be signed and sealed by the Consul and Superintendent.
The room will then be cleared, and the Superintendent will inform the Consul of the course he proposes to pursue. If he proposes to confiscate the vessel or goods, and the Consul dissents, the merchants may appeal; and the Consul, having given notice of the appeal to the Superintendent, they will forward certified copies of the above notes to Peking, the former to his Minister, and the latter to the Foreign Office, for their decision.
If the Consul agrees with the Superintendent that the ship or goods ought to be confiscated, the merchant will not have the right of appeal; and in no case will the release of ship or goods entitle him to claim indemnity for their seizure, whether they be released after the investigation at the Custom House, or after the appeal to the High Authorities of both nations at Peking.
### RULE 5.
The case having been referred to superior authority, the merchant interested shall be at liberty to give a bond binding himself to pay the full value of the ship or goods attached, should the ultimate decision be against him, which bond being sealed with the Consular seal,
and deposited at the Custom House, the Superintendent will restore to the merchant, the ship or goods attached; and when the Superior Authorities shall have decided whether so much money is to be paid, or the whole of the property seized be confiscated, the merchant will be called on to pay accordingly.
If he declines to give the necessary security, the ship or merchandise attached will be detained. But whether the decision of the Superior Authorities be favourable or not, the appellant will not be allowed to claim indemnity.
### RULE 6.
When the act of which a merchant at any port is accused is not one involving the confiscation of ship or cargo, but is one which, by Treaty or Regulation, is punishable by fine, the Commissioner will report the case to the Superintendent, and at the same time cause a plaint to be entered in the Consular Court.
The Consul will fix the day of the trial and inform the Commissioner that he may then appear with the evidence and the witnesses in the case. And the Commissioner, either personally or by deputy, shall take his seat on the bench, and conduct the case on behalf of the prosecution.
When the Treaty or Regulations affix a specific fine for the offence, the Consul shall, on conviction, give judgment for that amount, the power of mitigating the sentence resting with the Superintendent and Commissioner.
If the defendant is acquitted, and the Commissioner does not demur to the decision, the ship or goods, if any be under seizure, shall at once be released, and the circumstances of the case be communicated to the Superintendent.
The merchant shall not be put to any expense by delay, but he shall have no claim for compensation on account of hindrance in his business, for loss of interest, or for demurrage. If a difference of opinion exists between the Commissioner and Consul, notice to that effect shall be given to the Superintendent, and copies of the whole proceedings forwarded to Peking for the consideration of their respective High Authorities.
Pending their decision, the owners of the property must file a bond in the Consular Court to the full value of the proposed fine, which will be sent to the Custom House authorities by the Consul, and the goods or ship will be released.
### RULE 7.
If the Custom House authorities and Consul cannot agree as to whether certain duties are leviable or not, action must be taken as Rule 5 directs, and the merchant must sign a bond for the value of the duties in question. The Consul will affix his seal to this document and send it to the Custom House authorities, when the Superintendent will release the goods without receiving the duty; and the two functionaries will respectively send statements of the case to Peking, one to his Minister, and the other to the Foreign Office.
If it be decided that no duty shall be levied, the Custom House authorities will return the merchant's bond to the Consul to be cancelled; but if it be decided that a certain amount of duty is leviable, the Consul shall require the merchant to pay it at the Custom House.
### RULE 8.
If the Consul and the Custom House authorities cannot agree as to whether confiscation of a ship or cargo, or both of them together, being the property of a Foreign Merchant, shall take place, the case must be referred to Peking for the decision of the Foreign Office and the Minister of his nation.
Pending their decision the merchant must, in accordance with Rule 5, sign a bond for the amount, to which the Consul will affix his seal and send it for deposit at the Custom House,
As a difference of opinion as to the value (of ship or goods) may arise, the valuation of the merchant will be decisive, and the Custom House authorities may, if they see fit, take over either at the price aforesaid.
If after such purchase it be decided that the property seized ought to be confiscated, the merchant must redeem his bond by paying in at the Custom House the original amount of the purchase money.
If the decision be against confiscation, the bond will be returned to the Consul for transmission to the merchant, and the case then be closed. The sum paid by the Custom House authorities for ship or goods being regarded as their proper price, it will not be in the merchant's power, by a tender of the purchase money, to recover them.
Page 27
6 you
already been communicated to Gelegraph,
by
and the release of the Vessel - depends upon the security Bond of the Agents being quaranteed by the Povernment
lebout this it is presumed there will be. diffimally having regard to H. 2.
ho
In tr. 6. Jorois Pelegrame of the 15th June-
B.
for doubtless the owners have taken
securing the
the usual steps for securing
Straits Government against incurring
any pecuniary liability
I have se
(Signed) Ceil C. South
Acting Colonial Secretary
RULES FOR JOINT INVESTIGATION IN CASES OF CONFISCATION AND FINE BY THE CHINESE CUSTOM HOUSE AUTHORITIES, &c. We have been favoured with an official copy of the Rules as above, under which the Court sat in the Carisbrooke investigation. They are as follow:---
RULE 1.
It shall be the rule for all business connected with the Custom House Department to be, in the first instance, transacted between the Com- missioner of Customs and the Consul, personally or by letter; and the precedence in deciding cases shall be taken in accordance with the following Regulations.
BULE 2.
Whenever a ship or goods belonging to a Foreign Merchant is seized in a port in China by the Custom House officers, the seizure shall he reported without delay to the Kien-tuh or Chinese Superintendent of Customs,
If be considers the seizure justifiable, he will depute the Shin-wa-szo, or Foreign Commis- sioner of Customs, to give notice to the party to whom the ship or goods are declared to belong that they have been so'zed, because such or such an irregularity has been committed, and that they will be confiscated unless, before noon on a certain day, being the sixth day from the delivery of the notice, the Custom House au- thorities receive from the Consul an official application to have the case fully investigated,
The merchant to whom the ship or goods belong, if prepare to maintain that the alleged irregularity has not been committed, is free to appeal, within the limited time, directly to the Commissioner, who is to inform the Superintendent. If satisfied with his expla nations, the Superintendent will direct the re lease of the ship or goods; otherwise, if the merobant elect not to appeal to the Customs, or if, after receiving his explanations, the Superin. tendent still declines to release the ship or goods, he may appeal to his Consul, who will Inform the Superintendent of the particulars of this appeal, and request him to name a day for them both to investigate and try the case publicly.
RULE 3.
The Superintendent, on receipt of the Con- sul's communication, will name a day for meet- ing at the Custom House; and the Consul will direct the merchant to appear with his witnesses there on the day named, and will himself on that day proceed to the Custom House.
The Superintendent will invite the Consul to take his seat with him on the bench; the Com- missioner of Customs will also be seated to assist the Superintendent.
Proceedings will be opened by the Superin- tendent, who will call on the Customs' employés who seized the ship or goods to state the oir- cumstances which occasioned the seizure, and will question them as to their evidence. What- ever the merchant may have to advance in con. tradiction of their evidence, he will state to the Consul, who will cross-examine them for him. Such will be the proceedings in the interest of truth and equity. The Consul and Superinten. dent may, if they see At, appoint deputies to meet at the Custom House in their stead, in, which case the order of proceeding will be the same as if they were present in person.
RULE 4.
Notes will be taken of the statements of all parties examined, a copy of which will be signed and sealed by the Coneul and Superintendent.
The room will then be cleared, and the Su. perintendent will inform the Consal of the course be proposes to pursue. If be proposes to confiscate the vessel or goods, and the Consul dissents, the merchants may appeal; and the Consul, having given notice of the appeal to the Superintendent, they will forward certified copies of the above notes to Peking, the former to his Minister, and the latter to the Foreigu Office, for their decision.
If the Consul agrees with the Superintendent that the ship or goods ought to be confiscated, the merobant will not have the right of appeal; and in no case will the release of ship or goods entitle him to claim indemnity for their seizure, whether they be released after the investigation at the Custom House, or after the appeal to the High Authorities of both nations at Peking.
RULE 5.
The case having been referred to superior authority, the merchant interested shall be at liberty to give a bond binding himself to pay the full valne of the ship or goods attached, should the ultimate decision be against him. which bond being sealed with the Consular seal,
and deposited at the Custom House, the Super. intendent will restore to the merebant, the ship or goods attached; and when the Superior Au thorities shall have decided whether so much money is to be paid, or the whole of the proper. ty seized be confiscated, the merchant will be called onto pay accordingly.
If he decline to give the necessary security, the ship or merchandize attached "will be de tained. But whether the decision of the Supe- rior Authorities be favourable or not, the appel- lant will not be allowed to claim indemnity.
RULE 6.
When the act of which a merchant at any port is accused is not one involving the confis cation of ship or cargo, but is one which, by Treaty or Regulation, is punishablo by fine, the Commissioner will report the case to the Superintendent, and at the same time cause a plaint to be entered in the Consular Court.
The Consul will fix the day of the trial and inform the Commissioner that he may then appear with the evidence and the witnesses in the case. And the Commissioner, either per. sonally or by deputy, shall take his seat on the bench, and conduct the case on behalf of the prosecution.
When the Treaty or Regulations affix a specific fine for the offence, the Consul shall, on conviction, give jadgment for that amount, the power of mitigating the sentence resting with the Superintendent aud Commissioner.
If the defendant is acquitted, and the Com- missioner does not demur to the decision, the ship or goods, if any be under seizure, shall at once be released, and the circumstances of the case be communicated to the Superintendent.
The merchant shall not be put to any expense by delay, but he shall have no claim for com. pensation on account of hindrance in his business, for loss of interest, or for demurrage. If a difference of opinion exists between the Commissioner and Consul, notice to that effect shall be given to the Superintendent, and copies of the whole proceedings forwarded to Peking for the consideration of their respective High Authoritica.
Pending their decision, the owners of the property must file a bond in the Consular Court to the full value of the proposed fine, which will be sent to the Custom House authe- rities by the Consul, and the goods or ship will be released.
&
RULE 7.
If the Custom House authorities and Consul cannot agree as to whether certain duties are leviable or not, action must be taken as Rule 5 directa, and the merchant must sign bond for the value of the duties in question. The Cousul will affix Lis seal to this document and send it to the Custom House authorities, when the Superin. tendent will release the gooda without receiving the duty; and the two functionaries will res- pectively send statements of the case to Peking one to his Minister, and the other to the Foreign Office.
If it be decided that no duty shall be levied, the Custom House authorities will return the merobant's bond to the Consul to be cancelled; but if it be decided that a certain amount of duty is leviable, the Consul shall require the merchant to pay it at the Custom House.
RULE 8.
If the Consul and the Custom House autho- rities cannot agree as to whether confiscation of a ship or cargo, or both of them together, being the property of a Foreign Merchant, shall take place, the case must be referred to Peking for the decision of the Foreign Office and the Minister of his nation.
Peading their decision the merchant must, in accordance with Rule 5, eign a bond for the amount, to which the Consul will affix his seal and send it for deposit at the Custom House,
As difference of opinion as to the value (of ship or goods) may arise, the valuation of the merchant will be decisive, and the Custom House authorities may, if they see fit, take over either at the price aforesaid.
If after such purchase it be decided that the property seized ought be confiscated, the mer- chant must redeem his bond by paying in at the Custom House the original amount of the pur- chase money.
If the decision be against confiscation, the bond will be returned to the Consul for trans- mission to the merchant, and the case then he closed. The sum paid by the Custom House authorities for ship or goods being regarded as their proper price, it will not be in the mer- chant's power, by a tender of the purchase money, to recover them.
27
No comments yet.
Private notes are available after approval.