CO129-314 - Public Offices - 1902 — Page 430

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This Document is the Property of His Britannic Majesty's Govermento.

45145

CHINA TRADE.

CONFIDENTIAL.

No. 1.

[October 13]

SECTION 7.

!

NOV

425

Sir J. Mackay to the Marquess of Lansdownc,-(Received October 13.)

Shanghae, September 8, 1902.

(No. 112.) My Lord,

WITH reference to my despatches No. 31 of the 22nd March and No. 63 of the 15th May, I have the honour to lay the following facts before your Lordship in regard to the question of the new ports of call and passenger stations on the West River, for which provision is made in the new Treaty. The question may arise as to the exact rights of vessels from Hong Kong which may wish to do business at these ports.

As the wording now stands the ports of call are opened "under the same Regula- tions" as those opened on the Yang-tsze River under part 1 of section 3 of the Chefoo Convention. This means that they are subject to the "revised regulations of trade on the Yang-taze-kiang," which were sanctioned by Mr. Bruce, His Majesty's Envoy in China, on the 10th November, 1862.

Nothing whatever is said in these Regulations about the right of vessels coming from a foreign port to touch or not to touch at the ports of call on the Yang-tsze. Penalties are provided for in case of the violation of River Port Regulations; but ouiy in the case of "river steamers," which are defined in the Regulations as "steamers runing regularly between Shanghae, &c., and the river ports."

In the case of "sea-going steamers," however, under which heading steamers from foreign ports would come, nothing whatever is said as to the necessity of complying with the River Port Regulations of each port, and therefore the Treaty rights of such vessels towards "ports of call on the Yang-tsze" would appear to stand in exactly the same position as their Treaty rights towards Treaty ports, ie., they can claim if they like to be allowed to touch at ports of call as long as they comply with the Customs Regula- tions which are binding on vessels touching at Treaty ports.

In practice, however, I understand that the Imperial Maritime Customs claim the right to exclude vessels from foreign ports from ports of call on the Yang-tsze and West Rivers. On the Yang-tsze they enforce this right, but on the West River they do not, as long as vessels take out a special certificate, under West River Rules, at a Treaty port on the river (Samshui or Canton), which certificate can only be obtained on giving an undertaking that all dues and duties en route will be paid.

In the case of the first four ports of call which were opened on the West and Canton Rivers in 1897, "under the same Regulations as the ports of call on the Yang- tsze," the question as to what that expression meant seems never to have been raised.

The question therefore arises: "Does the word 'regulations' in the Burmah Con- vention mean such regulations as are sanctioned by His Majesty's Minister or such as happen to be issued and enforced by the Customs from time to time?"

As the ports of call under the new Treaty are obviously in the same position as those opened under the Burmah Convention, the right of Hong Kong vessels to do business at those ports depends on the interpretation placed on the expression to which reference is made.

It is no doubt true that British officials in China have in practice acquiesced in the action of the Imperial Maritime Customs in closing the ports of call on the Yang-tsze to vessels coming from a foreign port, and possibly this may have been done in consequence of instructions from His Majesty's Government.

I have the honour, however, to draw your Lordship's attention to these facts in the event of no decision having been come to on the subject by your Lordship or your Lord- ship's predecessor.

It will be seen that in the case of the new passenger stations, there is no reservation as to the right of British vessels to do business at these, and Article X undoubtedly gives vessels from and to Hong Kong the right to use them.

In case the Chinese authorities should contend that this was not understood on both sides at the time the Treaty was drawn up, I think it advisable to inform your Lordship that a very strong attempt was made by the Commissioners at the instigation of Mr. Hippisley to insert a provision to the effect that the passenger stations were to be opened "under the same regulations as on the Yang-tsze," but when I ascertained that the Chinese held

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