CO129-178 - Governor Hennessy - 1877 [6-8] — Page 109

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

107

v. Carbour regulations

ft.

was

is whether

concerned that called for any enrichment beyond the finding of security. He questioned whether the Government should take advantage of the very heavy penalty imposed for failing to obtain a port clearance. I presume no difficulty would be felt if the junk had been proceeding on an ordinary trading voyage; difficulty arises from the belief that under the circumstances she was bound for an illicit purpose.

but it is alleged that the junk was employed for the purpose of smuggling and that the cargo was intended to be smuggled into China. If she had obtained clearance before leaving Hong Kong Harbour - although bound on a smuggling expedition - she would not have been liable to forfeiture under the Ordinance. There is no law prohibiting smuggling into China that I am aware of, and it would seem to me to be wrong in principle to impose penalties upon persons for an act that is not illegal.

If the Government insist upon the forfeiture in this case, it would be, whilst ostensibly for breach of Harbour regulations, in reality imposing a very heavy penalty because of the cargo. The cargo is being forfeited because it was considered that it was intended for smuggling.

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107 v. Carbour regulations ft. was is whether concerned that called for any enrichment beyond the finding of security. He questioned whether the Government should take advantage of the very heavy penalty imposed for failing to obtain a port clearance. I presume no difficulty would be felt if the junk had been proceeding on an ordinary trading voyage; difficulty arises from the belief that under the circumstances she was bound for an illicit purpose. but it is alleged that the junk was employed for the purpose of smuggling and that the cargo was intended to be smuggled into China. If she had obtained clearance before leaving Hong Kong Harbour - although bound on a smuggling expedition - she would not have been liable to forfeiture under the Ordinance. There is no law prohibiting smuggling into China that I am aware of, and it would seem to me to be wrong in principle to impose penalties upon persons for an act that is not illegal. If the Government insist upon the forfeiture in this case, it would be, whilst ostensibly for breach of Harbour regulations, in reality imposing a very heavy penalty because of the cargo. The cargo is being forfeited because it was considered that it was intended for smuggling.

Baseline (Original)

107 v. Carbour regulations ft. was is whether oncerned that called for any. terrichment beyond the finding of neurity. He question. the Government should take advantage of the very heavy perrally imposed for or ithing to obtain a port _" clearance . I presume no difficulty would be felt if the junk had been proceeding ordinary trading image difficulty wives from the belief that under the circumstances she was br arises on an but Fat the employed for the purpose of smuggling and that the cargo was intended to be snuggled into China If she had Stained For clearance. lefore leaving Hong Kong Harbour - although borned" a muggling expedition she would not have been liable to forfeiture under the Ordinance There is no law po dubiting sunggling rito China that I am aware of and it would seem to me to be wrong in principle to impore penalties upon that a hich is not persons for of the Government insist. upon the forfeiture in this race it would be whilst ostensibly for breach of Harbour regulations in reality imposing a very heavy penalty in of the cargo the ouver cargo because it was considered that he a

2026-05-21 16:56:38 · Baseline

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107

v. Carbour regulations

ft.

was

is whether

oncerned that called for any. terrichment beyond the finding of neurity. He question. the Government should take advantage of the very heavy perrally imposed for or ithing to obtain a port _" clearance . I presume no difficulty would be felt if the junk had been proceeding

ordinary trading image difficulty wives from the belief that

under the circumstances

she

was br

arises

on an

but Fat the

employed for the purpose

of smuggling and that the

cargo

was intended to be snuggled into

China

If she had Stained For clearance.

lefore leaving Hong Kong Harbour - although borned"

muggling expedition she would not have been liable to forfeiture under the Ordinance There is no law po dubiting sunggling

rito China that I am aware

of and it would seem to me to be wrong in principle to impore penalties upon

that a hich is not

persons for of the Government insist.

upon the forfeiture in this race it would be whilst ostensibly for breach of Harbour regulations in reality imposing a very heavy penalty in of the cargo

the

ouver

cargo because it

was considered that he a

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