16. On his way to England, in the end of 1876, Sir THOMAS WADE addressed a letter to Governor KENNEDY, 29th November, 1876, stating what he had done with a view to relieve the junk trade of the Colony from the continual harassing searches of the Chinese Cruisers of which it complained. In that letter he nominates Sir BROOKE ROBERTSON as the Consular Commissioner under the Convention, and proceeds to point out that the remedy most desired by the Colony, namely, the publication of a tariff at the three Stations, would do little to relieve the pressure on the trade. "I am persuaded," he states, "that as long as the Stations in question remain where they are, their action will be always vexatious, often, perhaps, unjust." But he adds, what was never denied, that the Chinese Authorities have a right to place them where they are. His remedy is "to get rid of the obnoxious Stations," and to invite the establishment of a Branch of the Foreign Customs Inspectorate either in a hulk in the harbour, or at a Station upon the shore of China forming the North side of the port, east of the Colony's ground on the Kau-lung promontory. Sir THOMAS WADE preferred the latter alternative.
17. Sir THOMAS WADE assumes that the Tariff would be the same as the Tariff of 1858, under the Treaty of Tientsin, which is the Tariff for British-ship-carried goods, and that likin on opium might be levied at the same time. The junk trade, he says, would gain by having Foreign instead of Native inspection. "The Cruiser service would of course still be required, but the offensiveness would be diminished, and the Colony and the Provincial Government would be spared 90 per cent. of the irritating discussions."
18. In brief, Sir THOMAS WADE states:---The publication of a Tariff which you want would serve you little, but get rid of the three Stations, and let a Branch of the Foreign Inspectorate, situate outside the boundary, control everything, give the Chinese Government help by seeing that junks entering and leaving the harbour go and pay duty; and let them keep the Cruisers.
19. On this letter Sir ARTHUR KENNEDY wrote a minute, recording his own personal views, and the instructions which he thought the Hongkong Commissioner should receive. He had at one time thought of a Branch of the Foreign Inspectorate, even in the Colony, but he abandoned that idea as interfering with the prestige of the Government. (See Proceedings of Council, 7th July, 1876.) His personal views under date of 2nd December, 1876, are thus recorded:------
"Points for Colonial Officer to insist on":-
“(1.) Authenticated publication of Tariff by Chinese Government.”
(2.) Where and to whom the duties so fixed are to be paid.
(3.) A mixed tribunal of officers of the Chinese and Hongkong Government to be appointed for the investigation of all disputed cases of seizure, such court to be open and their proceedings duly recorded.
20. If these conditions were accepted, the Governor, "in proof of good faith, and to discourage law-breakers," was prepared to recommend that any breach of Chinese Customs laws should be investigated before a Magistrate, and if a prima facie case were proved, that rendition should be made to the Chinese Government.
21. I had the honour of being selected by Sir ARTHUR KENNEDY to represent the Hongkong Government, and had therefore full opportunity of knowing His Excellency's opinions. The essential requirements, in the Governor's view, were the publication of a fixed tariff, and a mixed tribunal with duly recorded proceedings.
22. In pursuance of the Chefoo arrangement, and as one of the Commissioners, Sir BROOKE ROBERTSON drew up 7 propositions as a basis of conference on the Blockade question (Appendix 4.) They were discussed at a meeting of Executive Council attended by the un-official members of the Legislative Council and myself, but not approved of, as the new Station was considered an additional burden without any corresponding advantage to the trade.
23. Counter propositions were drawn up by the Government as a basis of conference, and, as appears from a despatch of Governor HENNESSY to the Secretary of State, that basis was sent to Sir BROOKE ROBERTSON. A good deal of discussion subsequently took place as to whether the un-official members of Council, Mr. Lowcock and Mr. KESWICK, assented to the Hongkong basis. At all events the illness of Sir BROOKE in January prevented any meeting of the Commission from taking place, and Sir ARTHUR KENNEDY wrote to that effect on the 28th February, 1877, forwarding at the same time to the Secretary of State the two proposals. The Hongkong Government proposal is annexed (Appendix B.)
History of the Blockade question under Governor Hennessy, from 1877.
24. Sir JOHN POPE HENNESSY arrived in April, 1877, as Governor of the Colony, and an opportunity was soon afforded to him of dealing with a case of smuggling which occurred in the time of Sir ARTHUR KENNEDY, but the discussion of which with the Canton Government had not been completed. It was as follows :---
25. In 1876 a Junk with Opium had been fired upon in British waters by a Revenue Cruiser, dragged from the coast at Cape d'Aguilar, and towed to the Fat-tau Mun Station. The Junk had a large quantity of Opium on board. Sir ARTHUR KENNEDY demanded the restoration of the Junk and Cargo, an apology from the Viceroy, and dismissal of the Officer in charge of the Cruiser who had thus invaded our waters and territory. It was June or July, 1877, before the Opium was restored and compensation allowed for the forfeited and sold Junk. Governor HENNESSY resolved not to give up the Opium and Cargo to the owners, because the Junk had left the anchorage without a proper clearance, and from that time forward, with the view of assisting the Chinese in the collection of their duties, His Excellency gave instructions that, in case of complaints by Hongkong Junks of seizures either in the waters of the Colony or outside, inquiry should in the first instance be made whether the Junk had properly cleared as required by the Harbour and Coasts Ordinance 6 of 1866-an Ordinance which was established for putting down piracy, rampant at that time, the Harbour itself being quite a rendezvous for piratical craft. (See Sir R. G. MACDONNELL'S despatch forwarding the Ordinance to Secretary of State, and the Attorney General's (me) opinion on the Ordinance, shewing that 3 Foreign vessels had been followed from the Harbour and attacked outside, No. 111 of 28th August, 1866.) If the Junk had been guilty of any infringement for not reporting or obtaining a clearance, the Master was to be charged, and forfeiture of Junk and Cargo took place. This, of course, was a strong measure, and the Governor soon reported to the Colonial Office that complaints had ceased. The Secretary of State sanctioned the employment of this Ordinance for the suppression of smuggling, although the pains and penalties of forfeiture were only intended to attach to breaches of Harbour Regulations where piracy was in contemplation. The undersigned ventures with very great respect to think that if the Colonial Office had been made fully
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16. On his way to England, in the end of 1876, Sir TUOMAS WADE addressed a letter to Governor KENNEDY, 29th November, 1876, stating what he had done with a view to relieve the junk trade of the Colony from the continual harassing searches of the Chinese Cruisers of which it complained. In that letter be nominates Sir BROOKE ROBERTSON as the Consular Commissioner under the Convention, and proceeds to point out that the remedy most desired by the Colony, namely, the publication of a tariff at the three Stations, would do little to relieve the pressure on the trade. "I am persuaded," he states, "that as long as the Stations in question remain where they are, their action will be always vexatious, often, perhaps, unjust." But he adds, what was never denied, that the Chinese Authorities have a right to place them where they are. His remedy is "to get rid of the obnoxious Stations," and to invite the establishment of a Branch of the Foreign Customs Inspectorate cither in a hulk in the harbour, or at a Stution upon the shore of China forming the North side of the port, east of the Colony's ground on the Kau-lung promontory. Sir THOMAS WADE preferred the latter alterna-
tive.
17. Sir THOMAS WADE assumes that the Tariff would be the same as the Tariff of 1858, under the Treaty of Tientsin, which is the Tariff for British-ship-carried goods, and that lekin on opium might be levied at the same time. The junk trade, he says, would gain by having Foreign instead of Native inspection. "The Cruiser service would
" of course still be required, but the offensiveness would be duninished, and the Colony and "the Provincial Government would be spared 90 per cent. of the irritating discussions."
18. In brief, Sir THOMAS WADE states:---The publication of a Tariff which you want would serve you little, but get rid of the three Stations, and let a Branch of the Foreign Inspectorate, situate outside the boundary, control everything, give the Chinese Government help by seeing that junks entering and leaving the harbour go and pay duty; and let them keep the Cruisers.
19. On this letter Sir ARTHUR KENNEDY wrote a minute, recording his own per- sonal views, and the instructions which he thought the Hongkong Commissioner should receive. He had at one time thought of a Branch of the Foreign Inspectorate, even in the Colony, but he abandoned that idea as interfering with the prestige of the Government. (See Proceedings of Council, 7th July, 1876.) His personal views under date of 2nd December, 1876, are thus recorded:------
"Points for Colonial Officer to insist on":-
“(1.) Authenticated publication of Tariff by Chinese Government.”
(2.) Where and to whom the duties so fixed are to be paid.
(3.) A mixed tribunal of officers of the Chinese and Hongkong Government to be appointed for the investigation of all disputed cases of seizure, such court to be open and their proceedings duly recorded.
20. If these conditions were accepted, the Governor, "in proof of good faith, and to discourage law-breakers," was prepared to recommend that any breach of Chinese Customs laws should be investigated before a Magistrate, and if a prima facie case were proved, that rendition should be made to the Chinese Government.
21. I had the honour of being selected by Sir ARTHUR KENNEDY to represent the Hongkong Government, and had therefore full opportunity of knowing His Excellency's opinions. The essential requirements, in the Governor's view, were the publication of a fixed tariff, and a mixed tribunal with duly recorded proceedings.
(3)
22. In pursuance of the Chefoo arrangement, and as one of the Commissioners, Sir BROOKE ROBERTSON drew up 7 propositions as a basis of conference on the Blockade question (Appendix 4.) They were discussed at a meeting of Executive Council attended by the un-official members of the Legislative Council and myself, but not approved of, as the new Station was considered an additional burden without any corresponding advantage to the trade.
23. Counter propositions were drawn up by the Government as a basis of conference, and, as appears from a despatch of Governor HENNESSY to the Secretary of State, that basis was sent to Sir BROOKE ROBERTSON. A good deal of discussion subsequently took place as to whether the un-official members of Council, Mr. Lowcock and Mr. KESWICK, assented to the Hongkong basis. At all events the illness of Sir BROOKE in January prevented any meeting of the Commission from taking place, and Sir ARTHUR KENNEDY wrote to that effect on the 28th February, 1877, forwarding at the same time to the Secretary of State the two proposals. The Hongkong Government proposal is annexed (Appendix B.)
History of the Blockade question under Governor Hennessy, from 1877.
24. Sir Joan POPE HENNESSY arrived in April, 1877, as Governor of the Colony, and an opportunity was soon afforded to him of dealing with a case of smuggling which occurred in the time of Sir ARTHUR KENNEDY, but the discussion of which with the Canton Government had not been completed. It was as follows :---
25. In 1876 a Junk with Opium had been fired upon in British waters by a Revenue Cruiser, dragged from the coast at Cape d'Aguilar, and towed to the Fat-tau Mún Station. The Junk had a large quantity of Opium on board. Sir ARTHUR KENNEDY demanded the restoration of the Junk and Cargo, an apology from the Viceroy, and dismissal of the Officer in charge of the Cruiser who had thus invaded our waters and territory. It was June or July, 1877, before the Opium was restored and compensation allowed for the forfeited and sold Junk. Governor HENNESSY resolved not to give up the Opium and Cargo to the owners, because the Junk had left the anchorage without a proper clearance, and from that time forward, with the view of assisting the Chinese in the collection of their duties, His Excellency gave instructions that, in case of complaints by Hongkong Junks of seizures either in the waters of the Colony or outside, inquiry should in the first instance be made whether the Junk had properly cleared as required by the Harbour and Coasts Ordinance 6 of 1866-an Ordinance which was established for putting down piracy, rampant at that time, the Harbour itself being quite a rendezvous for piratical craft. (See Sir R. G. MACDONNELL'S despatch forwarding the Ordinance to Secretary of State, and the Attorney General's (ME) opinion on the Ordinance, shewing that 3 Foreign vessels had been followed from the Harbour and attacked outside, No. 111 of 28th August, 1866.) If the Junk had been guilty of any infringement for not reporting or obtaining a clearance, the Master was to be charged, and forfeiture of Junk and Cargo took place. This, of course, was a strong measure, and the Governor soon reported to the Colonial Office that complaints had ceased. The Secretary of State sanctioned the employment of this Ordinance for the suppression of smuggling, although the pains and penalties of forfeiture were only intended to attach to breaches of Harbour Regulations where piracy was in contemplation. The undersigned ventures with very great respect to think that if the Colonial Office had been made fully
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