CO129-295 - Public Offices - 1899 — Page 17

SINGAPORE AND HONGKONG SECOND CABLE, 1893

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AGREEMENT made the 28th day of October, 1893, Between THE MOST HONOURABLE THE MARQUESS OF RIPON, &c., &c., Secretary of State for the Colonies of the one part, and THE EASTERN EXTENSION AUSTRALASIA AND CHINA TELEGRAPH COMPANY, LIMITED (hereinafter called the Company) of the other part.

Whereas it is expedient that the existing telegraphic communication with Hongkong should be strengthened by the laying of a second submarine telegraph cable between Singapore and Hong Kong without touching at any point not in British territory and connecting Labuan en route.

And whereas the Company are prepared to provide, lay, and work such a cable forthwith at their own cost on the conditions hereinafter expressed. It is hereby agreed as follows:-

ARTICLE I-The Company will at their own cost, and as promptly as possible, provide and lay a submarine telegraph cable connecting Singapore, Labuan, and Hong Kong, and will work and maintain the same in good con- dition (save in cases of force majeure) for the term of twenty-five years from the date hereof, and upon the same terms and conditions as the existing cables of the Company, except so far as these terms and conditions are varied by this Agreement in respect of the new cable.

ARTICLE 2.-During the term of this Agreement all messages on the service of the Imperial Government or of the Colonial Government of Hong Kong, the Straits Settlements, or Labuan, may be sent over any line owned or controlled by the Company at one half the rates paid by the public.

ARTICLE 3.—Her Majesty's Government will invite the Colonial Govern- ments of Hong Kong, the Straits Settlements, and Labuan, to provide that the Company's repairing steamers and all cables, cable apparatus, telegraphic. instruments and materials which are used solely for the purposes of the Company in laying, repairing, or working the new cable shall, during the term of this Agreement, be exempt from payment of port and light dues at Hong Kong, Singapore, and Labuan.

ARTICLE 4.-In consideration of the engagements entered into by the Company in this Agreement, and of the strict fulfilment thereof, Her Majesty's Government undertakes to secure the Company against competition to the extent following, that is to say -

Her Majesty's Government will not during the term of this Agreement lay, nor grant nor permit to be granted, any concession or authority for laying any new submarine cables connected with Hong Kong, Singapore, or Labuan (whether in competition with the cables of the Company or not) unless such new cables should in the opinion of Her Majesty's Government be found necessary in the public interest of Great Britain, Hong Kong, the Straits Settlements, or Labuan, or in the general interests of international telegraphic communication. Provided always, that if it shall be decided that new cables are to be laid the Company shall, all things being equal, have the preferential right to the contract or concession for laying the same. Provided that this Article shall not prevent the Great Northern Company from repairing, renewing or replacing any submarine cable connected with Hong Kong, and shall not prejudice or affect the existing rights of that Company.

ARTICLE 5.-Her Majesty's Government shall have the option at any time of cancelling all the foregoing Articles of this Agreement on giving to the Company twelve months' previous notice, and on payment to the Company of a sum of 300,000l., being the estimated cost of laying such second cable.

ARTICLE 6.-Immediately on the payment of the amount provided in the last preceding Article the said second cable shall become the property of Her Majesty's Government, and this Agreement shall at once cease and determine.

I 78901. 50-11/93. Wt. 15345. E. & 3.