(6)
(0)
$
acquainted with the object of the legislation of 1866, the Secretary of State would not have approved of the employment of such a law for the protection of the Revenue of a Foreign State, when the said law was passed for a purpose totally different, and with the object of suppressing almost the worst kind of crime, namely, piracy. It is hardly necessary to state that it is not unlawful here, however immoral, for persons to smuggle from Hongkong, but if it is desirable to make it unlawful--and under the circumstances of the place perhaps it is---I respectfully submit that an enactment should be passed for that purpose, instead of using a law the penalties under which are necessarily most severe.
26. On the 6th September, 1877, Governor HENNESSY wrote to the Secretary of State, commenting on Sir ARTHUR KENNEDY's personal views of the Blockade question, and objecting to his suggestion of the rendition of smugglers, whilst repeating that he would prefer to enforce the provisions of Ordinance 6 of 1866, with the addition of a regulation that Cargo from Junks should not be unloaded in the Harbour without production of a clearance from the Chinese Customs to the Harbour Master.
27. On the 8th November, 1877, the Secretary of State replied that he could not agree to the suggestion that Junks without clearance papers should not be allowed to unload in the Harbour. Some negotiation seems to have gone on between the Governor and Sir BROOKE ROBERTSON, with a view to a settlement before His Excellency wrote that despatch of September to the Secretary of State. Sir BROOKE apparently suggested a modification of his former basis, but the principal change was that recommended by the Governor, namely, the driving away from the Harbour of all junks which had no clearance from the Chinese Authorities.
28. In March, 1878, I learned from a very reliable authority, connected with the Customs at Canton, that the Hoppo and Viceroy had suggested certain Rules and submitted them to the Governor through the Consul. There is apparently no record of them at the Colonial Secretary's Office, and I therefore submit them, as I believe they are important in the history of the question :-
"(1) (Said to be now in existence since the present Hoppo came). That when “a Cruiser examined a Junk's Cargo and Papers the Cruiser's Commander "should stamp them, and if so stamped, the Junk would be passed "without delay if met by another Cruiser unless the vessel had been at a new port.
(2) That if contraband goods are found in a passenger ship, the goods should be taken and the vessel allowed to go on, just as is done on the "Canton Steamers, that is, passengers' contraband luggage for which "the Junk is not responsible would be taken. (The Rule is to forfeit "Junk and Cargo)."
(3) That the tariff should be published at Ch'éung-chau and Fat-tau Chau.”
"(4) In case of an appeal in the event of seizure and punishment by the Hoppo, a reference should be made to a party, Chinese, to be named by the Viceroy, which is thus outside the Hoppo."
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29. The gentleman who supplied these rules to me stated that Governor HENNESSY would not assent to them, and he further added that the Hoppo said that "there never could be any objection to the publication of a tariff."
now dir seoral-1
30. Sir BROOKE ROBERTSON left for England soon afterwards, and the next despatch is one by the Governor to the Secretary of State, 31st May, 1879, in which he discusses the basis of settlement drawn up by Sir BROOKE ROBERTSON, and that of the Hong-kong Government referred to already-and again objects to the personal view of Sir ARTHUR KENNEDY as to rendition of smugglers. He adds that he is using the Ordinance of 1866 for suppression of Smuggling, although the Attorney General (Mr. PHILLIP) opposed that course on legal grounds, and he communicates a resolution of the Executive Council to prohibit the export of Salt, and asks to be allowed to legislate. He further announces that he had prohibited the export of munitions of war by proclamation, under an old Ordinance in existence, and that he has a scheme founded on the Singapore Opium Legislation, but that it would be premature to unfold the details until Sir THOMAS WADE had had an opportunity of consulting the Government of China on the following paper of proposals, the contents of which are :
(1) Abolish present Stations.
(2) Chinese Cruisers to cease to overhaul Junks.
(3) Junks to pay all duties at ports except on Salt, Opium, and Munitions of War.
(4) That Salt, Opium, and Munitions of War are not to be exported in future to the Coast of China, except to the Chinese Authorities or to lawfully appointed Chinese Agents.
(5) That, as regards Opium, it is not to be exported to the Coast of China in any junk that has not a clearance paper shewing that the tariff duty has been duly paid to a lawfully appointed Agent of the Chinese Government.
Bir Robert He adds-"Mr. R. HART approves of this scheme, and Sir THOMAS WADE will give up his own in its favour.”
31. On the 7th November, 1879, the Secretary of State replies that the Governor proposed:
(1) Chinese Customs Officers in Hongkong,
(2) Collection of Chinese taxes on British territory.
The Secretary of State observed that there are grave objections to both these proposals; that smuggling would not cease by Cruisers simply ceasing to overhaul junks. He also points out that the Hongkong Government would have to take on itself the duty of watching the Smugglers, or permit the evasion of the new laws which are proposed to be enacted. The prevention of smuggling would cause expense to the Colony, and throw a responsibility on it which it should not assume. The evasion of new laws would lead to constant complaints by the Chinese Government, and would soon be followed by a renewal of the present system of Blockade.
32. On the 26th December, 1879, the Governor again writes to the Secretary of State to the effect that the Chinese assured him if the Junks were not harassed by the Stations and Cruisers the junk trade would increase four-fold in two years, and again submits a basis of settlement of the Blockade question on which he asks to be allowed to negotiate with the Viceroy, as Sir THOMAS WADE had told Mr. HEWLETT, the British Consul at Canton, to put himself in communication with the Governor of Hongkong on the question.
452
(6)
(0)
$
acquainted with the object of the legislation of 1866, the Secretary of State would not have approved of the employment of such a law for the protection of the Revenue of a Foreign State, when the said law was passed for a purpose totally different, and with the object of suppressing almost the worst kind of crime, namely, piracy. It is hardly necessary to state that it is not unlawful here, however immoral, for persons to smuggle from Hongkong, but if it is desirable to make it unlawful--and under the circumstances of the place perhaps it is---I respectfully submit that an enactment should be passed for that
purpose, instead of using a law the penalties under which are necessarily most severe.
26. On the 6th September, 1877, Governor HENNESSY wrote to the Secretary of State, commenting on Sir ARTHUR KENNEDY's personal views of the Blockade question, and objecting to his suggestion of the rendition of smugglers, whilst repeating that he would prefer to enforce the provisions of Ordinance 6 of 1866, with the addition of a regulation that Cargo from Junks should not be unloaded in the Harbour without production of a clearance from the Chinese Customs to the Harbour Master.
27. On the 8th November, 1877, the Secretary of State replied that he could not agree to the suggestion that Junks without clearance papers should not be allowed to unload in the Harbour. Some negotiation seems to have gone on between the Governor and Sir BROOKE ROBERTSON, with a view to a settlement before His Excellency wrote that despatch of September to the Secretary of State. Sir BROOKE apparently suggested a modification of his former basis, but the principal change was that recom- mended by the Governor, namely, the driving away from the Harbour of all junks which had no clearance from the Chinese Authorities.
28. In March, 1878, I learned from a very reliable authority, connected with the Customs at Canton, that the Hoppo and Viceroy had suggested certain Rules and submitted them to the Governor through the Consul. There is apparently no record of them at the Colonial Secretary's Office, and I therefore submit them, as I believe they are important in the history of the question :-
"(1) (Said to be now in existence since the present Hoppo came). That when “a Cruiser examined a Junk's Cargo and Papers the Cruiser's Commander "should stamp them, and if so stamped, the Junk would be passed "without delay if met by another Cruiser unless the vessel had been at a
new port.
(2) That if contraband goods are found in a passenger ship, the goods **should be taken and the vessel allowed to go on, just as is done on the "Canton Steamers, that is, passengers' contraband luggage for which "the Junk is not responsible would be taken. (The Rule is to forfeit "Junk and Cargo)."
(3) That the tariff should be published at Ch'éung-chau and Fat-tau Chau.”
"(4) In case of an appeal in the event of seizure and punishment by the Iloppo, a reference should be made to a party, Chinese, to be named by the Viceroy, which is thus outside the oppo."
<ú
29. The gentleman who supplied these rules to me stated that Governor HENNESSY would not assent to them, and he further added that the Hoppo said that "there never could be any objection to the publication of a tariff."
now dir seoral-1
30. Sir BROOKE ROBERTSON left for England soon afterwards, and the next despatch is one by the Governor to the Secretary of State, 31st May, 1879, in which he discusses the basis of settlement drawn up by Sir BROOKE ROBERTSON, and that of the Hong- kong Government referred to already-and again objects to the personal view of Sir ARTHUR KENNEDY as to rendition of smugglers. He adds that he is using the Ordinance of 1866 for suppression of Smuggling, although the Attorney General (Mr. PHILLIP opposed that course on legal grounds, and he communicates a resolution of the Executive Council to prohibit the export of Salt, and asks to be allowed to legislate. He further announces that he had prohibited the export of munitions of war by proclamation, under an old Ordinance in existence, and that he has a scheme founded on the Singapore Opium Legislation, but that it would be premature to unfold the details until Sir THOMAS WADE had had an opportunity of consulting the Govern- inent of China on the following paper of proposals, the contents of which are :---
(1) Abolish present Stations.
(2) Chinese Cruisers to cease to overhaul Junks.
(3) Junks to pay all duties at ports except on Salt, Opium, and Munitions
of War.
(4) That Salt, Opium, and Munitions of War are not to be exported in future to the Coast of China, except to the Chinese Authorities or to lawfully appointed Chinese Agents.
(5) That, as regards Opium, it is not to be exported to the Coast of China in any junk that has not a clearance paper shewing that the tariff duty has been duly paid to a lawfully appointed Agent of the Chinese Government.
Bir Robert He adds-"Mr.
I. HART approves of this scheme, and Sir THOMAS WADE will give up his own in its favour.”
31. On the 7th November, 1879, the Secretary of State replies that the Governor proposed:
(1) Chinese Customs Officers in Hongkong,
(2o) Collection of Chinese taxes on British territory.
The Secretary of State observed that there are grave objections to both these proposals; that smuggling would not cease by Cruisers simply ceasing to overhaul junks. He also points out that the Hongkong Government would have to take on itself the duty of watching the Smugglers, or permit the evasion of the new laws which are proposed to be enacted. The prevention of smuggling would cause expense to the Colony, and throw a responsibility on it which it should not assume. The evasion of new laws would lead to constant complaints by the Chinese Government, and would soon be followed by a renewal of the present system of Blockade.
32. On the 26th December, 1879, the Governor again writes to the Secretary of State to the effect that the Chinese assured him if the Junks were not harassed by the Stations and Cruisers the junk trade would increase four-fold in two years, and again submits a basis
of settlement of the Blockade question on which he asks to be allowed to negotiate with the Viceroy, as Sir THOMAS WADE had told Mr. HEWLETT, the British Consul at Canton, to put himself in communication with the Governor of Hongkong on the question.
452
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