said that the Viceroy wished to cancel the Preliminary Agreement of the 28th March, 1899.
Your Highness will recognize that this is not a proper mode of dealing with solemn contracts to which the Chinese Government is a party. I have the honour to request that the Viceroy be moved to issue such instructions at once to his delegates as will insure that the negotiations are conducted in accordance with the ordinary rules of international business.
The favour of an early reply is requested.
I avail, &c.
(Signed)
ERNEST SATOW.
5
As regards the salaries and expenses of the engineers employed by Messrs. Jardine, Matheson, and Co. to survey the line, I should be glad if you would ascertain the amount from that firm and inform me, so that I may refund it, as is but fair. The plans and estimates for the line which have been drawn up by these engineers should, however, be obtained, and delivered to this Government through you.
I have instructed Messrs. Wei, Wen, and Kung to inform Mr. Ross personally to the above effect; and I have now the honour to request that you will be so good as to communicate with His Majesty's Minister in Peking and the Governor of Hong Kong, as also with Messrs. Jardine, Matheson, and Co. and the Hong Kong and Shanghae Bank, in the same sense.
I avail, &c.
(Viceroy's seal.)
(No. 66.) Sir,
Inclosure 5 in No.
Consul-General Scott to Sir E. Satow.
Canton, December 22, 1905. WITH reference to your telegraphic instructions with regard to the Canton-Kowloon Railway negotiations between the Viceroy and the representative of the British and Chinese Corporation, I beg to report that the Viceroy expressed himself unable, on account of his health, to receive Mr. Ross, but deputed his three secretaries to conduct the negotiations. I regret to have to state that the result of two interviews made it perfectly clear that no satisfactory arrangement could be made. The deputies, on behalf of the Viceroy, declined to recognize the original Concession, or to entertain any suggestion from Mr. Ross as to a loan arrangement to provide funds for the construction of the line. They stated that the Viceroy required the absolute cancellation of the Concession, making what he considered a liberal offer, namely, to refund actual expenses incurred up to date.
I beg to inclose copy and translation of the Viceroy's letter communicating this decision,
I have, &c. (Signed)
JAMES SCOTT.
(Translation.) Sir,
Inclosure in No.
Viceroy of Canton to Consul-General Scott.
[Undated] IN connection with the proposal for the construction of the Canton-Kowloon Railway, I beg to point out that clause 5 of the draft Agreement concluded by Sheng, Director-General of Railway Administration, with the representative of Messrs. Jardine, Matheson, and Co. and the Hong Kong and Shanghae Bank, lays down that "if on consultation with the Viceroy and Governor of this province local difficulties be found to exist, the Agreement shall be amended accordingly"; that is to say, the arrangements for the construction of the line should depend on local conditions. Now, several years have elapsed since the conclusion of the Agreement, and the present situation is totally different, with the result that any complaisance or compromise would only involve both parties in difficulties.
The construction of this railway was proposed with a view to the commercial advantage of both countries, and the recommendation by His Majesty's Minister in Peking that British firms should undertake the work was due to his desire that the line should be speedily completed and the transport of merchandize thereby facilitated—not in the personal interests of any individual.
As the section of the line within Kowloon territory is to be constructed by your Government, this Government will, on its part, raise funds for the construction of the section between Canton and the Chinese frontier of Kowloon, each Government to have exclusive and independent control of its own section; and I would urge that the question of British firms constructing the Chinese section be now dropped.
When both sections of the railway have been completed, a Joint Working Agreement can then be arranged.
1
228
said that the Viceroy wished to cancel the Preliminary Agreement of the 28th March,
1899.
Your Highness will recognize that this is not a proper mode of dealing with solenin contracts to which the Chinese Government is a party. I have the honour to request that the Viceroy be moved to issue such instructions at once to his delegates as will insure that the negotiations are conducted in accordance with the ordinary rules of international business.
The favour of an early reply is requested.
I avail, &c.
(Signed)
ERNEST SATOW.
5
As regards the salaries and expenses of the engineers employed by Messrs. Jardine, Matheson, and Co. to survey the line, I should be glad if you would ascertain the amount from that firm and inform me, so that I may refund it, as is but fair. The plans and estimates for the line which have been drawn up by these engineers should, however, be obtained, and delivered to this Government through you.
I have instructed Messrs. Wei, Wen, and Kung to inform Mr. Ross personally to the above effect; and I have now the honour to request that you will be so good as to communicate with His Majesty's Minister in Peking and the Governor of Hong Kong, as also with Messrs. Jardine, Matheson, and Co/and the Hong Kong and Shanghae Bank, in the same sense.
I avail, &c.
(Viceroy's seal.)
(No. 66.) Sir,
Incle
nclosure 5 iu No.
Consul-General Scott to Sir E. Satow.
Canton, December 22, 1905. WITH reference to your telegraphic instructions with regard to the Canton- Kowloon Railway negotiations between the Viceroy and the representative of the British and Chinese Corporation, I beg to report that the Viceroy expressed himself unable, on account of his health, to receive Mr. Ross, but deputed his three secretaries to conduct the negotiations. I regret to have to state that the result of two interviews made it perfectly clear that no satisfactory arrangement could be made The deputies, on behalf of the Viceroy, declined to recognize the original Concession, or to entertain any suggestion from Mr. Ross as to a loan arrangement to provide funds for the construction of the line. They stated that the Viceroy required the absolute cancella- tion of the Concession, making what he considered a liberal offer, namely, to refund actual expenses incurred up to date.
I beg to inclose copy and translation of the Viceroy's letter communicating this decision,
I have, &c. (Signed)
JAMES SCOTT.
(Translation.) Sir,
Inclosure & in No.
Viceroy of Canton to Consul-General Scott.
[Undated] IN connection with the proposal for the construction of the Canton-Kowloon Railway, I beg to point out that clause 5 of the draft Agreement concluded by Sheng, Director-General of Railway Administration, with the representative of Messrs. Jardine, Matheson, and Co. and the Hong Kong and Shanghae Bank, lays down that "if on consultation with the Viceroy and Governor of this province local difficulties be found to exist, the Agreement shall be amended accordingly"; that is to say, the arrange; ments for the construction of the line should depend on local conditions. Now, several years have elapsed since the conclusion of the Agreement, and the present situation is totally different, with the result that any complaisance or compromise would only involve both parties in difficulties.
The construction of this railway was proposed with a view to the commercial advantage of both countries, and the recommendation by His Majesty's Minister in Peking that British firms should undertake the work was due to his desire that the line should be speedily completed and the transport of merchandize thereby facilitated--not in the personal interests of any individual.
As the section of the line within Kowloon territory is to be constructed by your Government, this Government will, on its part, raise funds for the construction of the section between Canton and tile Chinese frontier of Kowloon, each Government to have exclusive and independent control of its own section; and I would urge that the question of British firms constricting the Chinese section be now dropped.
When both sections of the railway have been completed, a Joint Working Agree ment can then be arranged.
1
и
228
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