347
Sir,
Inclosure 1 in No. 2.
The Officer Administering the Government of Hong Kong to Mr Lyttelton.
Government House, Hong Kong, March 11, 1904.
I HAVE the honour to inform you that complaint has been received from Messrs. Butterfield and Swire and Jardine, Matheson, and Company, the two firms concerned in the sugar industry in this Colony, regarding the alleged issue by the Indo-Chinese Customs authorities of a strict prohibition of the import of sugar from Hong Kong. They have been informed by their Haiphong correspondents that this action has been taken on the ground that Hong Kong is a self-governed Colony, and is not considered to have adhered to the Brussels Convention.
2. I have referred the matter to the authorities of Indo-China through the French Consul for this port, who has been informed that Articles V and VIII of the Convention apply to the Crown Colonies of the British Empire even though such Colonies have not adhered to the Convention as a whole; and that in any case this Colony intends to adhere to the Convention as soon as the necessary legislative action has been taken. The Consul has communicated on the subject with the Government of French Indo-China, but has not yet received a reply. Meanwhile, I consider it advisable to bring the matter to your knowledge in case you should desire to communicate with the Foreign Office with a view to diplomatic action being taken in the matter. Messrs. Butterfield and Swire and Jardine, Matheson, and Company point out that the principle involved is one of very great importance to the sugar refiners in this Colony.
I have, &c.
(Signed) F. H. MAY, Officer Administering the Government.
P.S.-An Ordinance is being introduced at the next meeting of the Legislative Council giving the Governor-in-Council power to make Regulations to give effect to the Sugar Convention.
With the exception of certain Chinese sugars, no sugar may be imported unless it comes from a Contracting State or from a Colony of such a State. Sugar refined in Hong Kong would therefore be entitled to admission on payment of a duty of 6 fr. per 100 kilog., whatever the source of the raw sugar used, provided that it did not come from a country which the Permanent Commission, appointed under the Brussels Convention, had decided to be a country which gave bounties on raw sugar.
3. It would, therefore, be necessary that refined sugar exported from Hong Kong to French Indo-China should be accompanied by a certificate showing that none of the raw sugar used had come from such a country, since if any portion of the raw sugar used were of this description it would be useless to send the refined product to Indo-China at all, as it would be refused admission.
4. I understand that in the Dutch Colonies in the East the import of bounty-fed sugar is not prohibited, but countervailing duties are levied. The point will only affect Hong Kong if any refined sugar is exported from Hong Kong to those Colonies, and you will doubtless be able to obtain definite information on this point from the Netherlands Consul-General at Hong Kong.
5. The decisions of the Permanent Commission as to the countries which give bounties, announced up to the present time, have been communicated to you in my predecessor's Circular despatch of the 30th July, 1903, and my Circular despatch of the 19th December, 1903, and any further decisions will be duly communicated from time to time.
6. I shall be glad to learn in due course, with reference to Sir H. Blake's despatch of the 14th October, 1903, what arrangements have been made with regard to the issue of certificates of origin.
I am, &c.
(Signed) ALFRED LYTTELTON.
Inclosure 2 in No. 2.
F. H. M.
Mr. Lyttelton to the Officer Administering the Government of Hong Kong.
(Telegraphic.)
Downing Street, April 13, 1904. REFERRING to your despatch, Colony should not adhere, but must give effect to Articles V and VIII, see my predecessor's Circular despatch of 30th July and my despatch, 24th March.
Secretary of State for Foreign Affairs will be requested to make representations to French Government,
Sir,
Inclosure 3 in No. 2.
Mr. Lyttelton to the Officer Administering the Government of Hong Kong.
Downing Street, March 24, 1904. WITH reference to Sir H. A. Blake's despatch of the 31st July, 1903, I have the honour to request that you will be so good as to inform me from what countries raw sugar is imported into Hong Kong for refining, and what are the places to which refined sugar is exported from the Colony.
2. I would point out that in the despatch above referred to, Sir H. A. Blake speaks only of sugar imported into Great Britain and Ireland, whereas Mr. Chamberlain's Circular despatch of the 30th July, 1903, to which no answer has yet been received from Hong Kong, refers to the necessity for certificates of origin in the case of all imports of sugar into any of the States which are parties to the Brussels Convention, including any of the Colonies of such States, e.g., French Indo-China. I inclose a copy of the Customs Regulations of the latter Colony,* from which you will see that, with
* Not printed.
2
3
347
Sir,
Inclosure 1 in No. 2.
The Officer Administering the Government of Hong Kong to Mr Lyttelton.
Government House, Hong Kong, March 11, 1904.
I HAVE the honour to inform you that complaint has been received from Messrs. Butterfield and Swire and Jardine, Matheson, and Company, the two firms concerned in the sugar industry in this Colony, regarding the alleged issue by the Indo-Chinese Customs authorities of a strict prohibition of the import of sugar from Hong Kong. They have been informed by their Haiphong correspondents that this action has been taken on the ground that Hong Kong is a self-governed Colony, and is not considered to have adhered to the Brussels Convention.
2. I have referred the matter to the authorities of Indo-China through the French Consul for this port, who has been informed that Articles V and VIII of the Convention apply to the Crown Colonies of the British Empire even though such Colonies have not adhered to the Convention as a whole; and that in any case this Colony intends to adhere to the Convention as soon as the necessary legislative action has been taken. The Consul has communicated on the subject with the Government of French Indo- China, but has not yet received a reply. Meanwhile, I consider it advisable to bring the matter to your knowledge in case you should desire to communicate with the Foreign Office with a view to diplomatic action being taken in the matter. Messrs. Butterfield and Swire and Jardine, Matheson, and Company point out that the principle involved is one of very great importance to the sugar refiners in this Colony.
I have, &c.
(Signed) F. H. MAY, Officer Administering the Government.
P.S.-An Ordinance is being introduced at the next meeting of the Legislative Council giving the Governor-in-Council power to make Regulations to give effect to the Sugar Convention.
f
the exception of certain Chinese sugars, no sugar may be imported unless it comes from a Contracting State or from a Colony of such a State. Sugar refined in Hong Kong would therefore be entitled to admission on payment of a duty of 6 fr. per 100 kilog., whatever the source of the raw sugar used, provided that it did not come from a country which the Permanent Commission, appointed under the Brussels Con- vention, had decided to be a country which gave bounties on raw sugar.
3. It would, therefore, be necessary that refined sugar exported from Hong Kong to French Indo-China should be accompanied by a certificate showing that none of the raw sugar used had come from such a country, since if any portion of the raw sugar used were of this description it would be useless to send the refined product to Indo- China at all, as it would he refused admission.
4. I understand that in the Dutch Colonies in the East the import of bounty-fed sugar is not prohibited, but countervailing duties are levied. The point will only effect Hong Kong if any refined sugar is exported from Hong Kong to those Colonies, and you will doubtless be able to obtain definite information on this point from the Nether- lands Consul-General at Hong Kong.
5. The decisions of the Permanent Commission as to the countries which give bounties, announced up to the present time, have been communicated to you in my predecessor's Circular despatch of the 30th July, 1903, and my Circular despatch of the 19th December, 1903, and any further decisions will be duly communicated from time to time.
6. I shall be glad to learn in due course, with reference to Sir H. Blake's despatch of the 14th October, 1903, what arrangements have been made with regard to the issue of certificates of origin.
I am, &c.
(Signed)
ALFRED LYTTELTON.
Inclosure 2 in No. 2.
F. H. M.
Mr. Lyttelton to the Officer Administering the Government of Hong Kong.
(Telegraphic.)
Downing Street, April 13, 1904. REFERRING to your despatch, Colony should not adhere, but must give effect to Articles V and VIII, see my predecessor's Circular despatch of 30th July and my despatch, 24th March.
Secretary of State for Foreign Affairs will be requested to make representations to French Government,
Sir,
Inclosure 3 in No. 2.
Mr. Lyttelton to the Officer Administering the Government of Hong Kong.
Downing Street, March 24, 1904. WITH reference to Sir H. A. Blake's despatch of the 31st July, 1903, I have the honour to request that you will be so good as to inform me from what countries raw sugar is imported into Hong Kong for refining, and what are the places to which refined sugar is exported from the Colony.
2. I would point out that in the despatch above referred to, Sir H. A. Blake speaks only of sugar imported into Great Britain and Ireland, whereas Mr. Chamberlain's Circular despatch of the 30th July, 1903, to which no answer has yet been received from Hong Kong, refers to the necessity for certificates of origin in the case of all imports of sugar into any of the States which are parties to the Brussels Convention, including any of the Colonies of such States, e.g., French Indo-China. I inclose a copy of the Customs Regulations of the latter Colony,* from which you will see that, with
* Not printed.
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