638
Sir,
2
Inclosure 2 in No. 1.
Acting Consul-General Sly to Commissioner von Strauch.
Canton, May 10, 1907. I HAVE the honour to address you in respect to the "Provisional Regulations for the Interport Traffic between Wuchow and Nanning," which are on sale at the establishment of Messrs. Kelly and Walsh in Hong Kong.
It cannot possibly have escaped your notice that these Regulations are intended to take effect on British subjects and vessels owned or chartered by them. I am therefore at a loss to understand on what grounds they were compiled and published without previous submission to the official representatives of British subjects in China, and I am compelled to place on record my strong protest against the course followed.
The Regulations themselves are objectionable in many respects, and notably in that they exclude the city of Nanning from the area of the open port. That this is so is made abundantly clear by reference to the Chinese text of Articles 19 and 20. In the former it is stated that goods purchased on the spot in Wuchow (" chiu ti chih- mai") pay a full export duty at Wuchow, and a coast trade half duty at Nanning. In the latter, on the other hand, the characters are missing, and the general wording is such that no doubt is left in my mind that purchase by a British subject in Nanning city proper and export through the Imperial Maritime Customs in the foreign settlement is impossible, unless the merchant can produce to the foreign custom-house either a transit certificate or Tung Shui receipt in proof that the goods purchased by him in Nanning city have paid inland transit dues.
This is in direct contravention of Treaty requirements, and if further confirmation of the infringement of Treaty stipulations were wanting it is to be found in the fact the Nanning Taotai has refused to allow the Kut Hing firm to remain the permanent agents of Messrs. Jardine, Matheson, and Co. at Nanning on the ground that they are established in the city proper, and not in the foreign Settlement, situated, I am informed, some three-quarters of a mile below the eastern or lower end of the business quarter thereof.
I would add that Nanning was originally opened to international trade by agree- ment between Sir Claude MacDonald and the Tsung-li Yamên in 1899, and that, in the opinion of His Majesty's Government, an open port, whether opened by Treaty or otherwise, includes the city, the waterway giving access thereto, and all roads connecting such waterway with the city.
Again, certain of the Regulations as published, i.e., No. 13, 23, and 25, impose penalties on British subjects and vessels owned or chartered by them, the imposition of which, in the absence of the previous sanction of His Majesty's Minister, cannot be contemplated. You will the more readily understand this when I invite your attention to the existence of the Rules for Joint Investigation of 1868, to the General Port Regulations, 1902, for the Peace, Order, and Good Government of His Majesty's Subjects at the Open Ports in China; to Rule 8 of the Amended Inland Water Steam Navigation Regulations of 1898; and to Articles 5 and 7 (c) of the Yang-tzse Regulations, 1898. I am forwarding a copy of this despatch to His Majesty's Minister.
I have, &c. (Signed)
H. E. SLY.
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Regulation 20, which refers to Nanning, the characters are omitted, and the general wording is such as to leave no doubt that purchase by a British merchant in Nanning city proper and export through the Imperial Maritime Customs situated in the foreign Settlement is impossible, unless the British merchant can produce to the foreign Customs either a transit certificate of T'ung Shui receipt in proof that the goods purchased by him in Nanning city have paid the inland transit dues. This is contrary to Treaty,
Summarizing, it is perfectly clear from what is stated in 1 and 2 above, that the city of Nanning is held by the Nanning Taotai to be outside the area of the Treaty port. This is in direct opposition to the ruling of His Majesty's Government that an open port, whether opened by Treaty or otherwise, includes the city, the waterway giving access thereto, and any roads connecting such waterway with the city.
3. Certain of the Customs Regulations, namely Nos. 12, 23, and 25, impose penalties on British subjects and vessels owned or chartered by them which cannot be considered binding, since these Regulations have not received the previous approval and sanction of the His Majesty's Minister. The Rules for Joint Investigation of 1868; the General Port Regulations for the Peace, Order, and Good Government of His Majesty's Subjects at the Open Ports in China; Rule 8 of the Amended Inland Water Steam Navigation Regulations of 1898; and Articles 5 and 7 (c) of the Yang-tsze Regulations of 1898, appear to have been entirely left out of consideration in the preparation of the Regula- for the interport trade between Wuchow and Nanning.
This memorandum is submitted for the information of his Excellency the Viceroy of the Liang Kwang for his careful consideration, and with the request that be will issue the necessary instructions for the removal of the objections to which attention has been drawn.
H. E. SLY.
Inclosure 4 in No. 1.
Consul King to Sir J. Jordan.
(Signed)
(No. 8.) Sir,
Wuchow, May 20, 1907. WITH reference to your despatch No. 3 of the 22nd ultimo, I have the bonour to forward herewith a copy of the Regulations for which you ask, the Chinese version of which has now been furnished to me by the Nanning Taotai, and also copies of some correspondence between that official and myself.
is the intention
A perusal of the foregoing will make it abundantly clear that of the Chinese authorities to place the city of Nanning outside the port area, and in this connection I would venture to call your attention particularly to Section 1 (1) and Section 2 (1) of the Regulations, where such an intention is distinctly expressed.
I have, &c.
(Signed)
H. KING.
Inclosure 3 in No. 1.
Memorandum for his Excellency the Viceroy of the Liang Kwang in respect of Nanning.
THE Nanning Tantai has refused to allow the Kut Hing firm to remain the permanent agents of Messrs. Jardine, Matheson, and Co. on the ground that the said firm is established in Nanning proper, and not in the foreign Settlement, situated some three-quarters of a mile below the eastern or lower end of the business quarter of the said city.
2. Customs Regulations as to the interport trade between Wuchow and Nanning, If a comparison is made between the Chinese text of Regulations 19 and 20, it will be seen that in the former it is clearly stated that goods purchased on the spot in Wuchow pay a full export duty at Wuchow and a coast trade half duty at Nanning. In
(Translation.)
Inclosure 5 in No. 1.
Regulations for the Open Port of Nanning.
Section 1.Nanning to be regarded as a Port self-opened to International Trade.
NANNING, having been opened to trade in accordance with an Imperial Ediet approving of the recommendation for its opening, is not to be regarded in the same light as those ports opened by virtue of some Treaty between China and a foreign Power. Chinese and foreign merchants alike are permitted to reside in that portion which has been marked out as a Settlement, but foreigners are to have no say in any matter concerning the administration thereof,
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