CO129-350 - Public Offices - 1908 — Page 362

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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mining party, and will not be taken cognizance of by the General Bureau, neither may Consular or Diplomatic Representatives interfere in such questions.

Section 50. Adjustment of mutual rights and losses.

Roads, ditches, water-courses, air-shafts, &c., within the area of any two neigh- bouring mines must be to the mutual advantage or disadvantage of both parties. If one party has to force the other to fulfil his obligations under this section or seeks to estimate the damages due to himself, the law current in the province concerned shall be followed, except in cases covered by the Supplementary Regulations.

Section 51. Drainage of mine land.

Water on mine lands being under the control of the owner of the mining rights, he must take steps to manage its drainage. But in so doing he may not damage the property of others, and in draining off surface water he must do so in accordance with local practice, and must not damage existing waterways.

Section 52. Persons suffering damage by drainage operations entitled to compensa-

tion.

If on account of water having accumulated in a mine, or if the mine-owner, for any reason, fails to drain his mine within the period fixed by these Regulations, to the prejudice of persons within or without the mine, such owner must make a written undertaking to pay compensation, or else the General Bureau of the province will decide upon the sum to be paid.

Section 53. Powers of the Bureau of Mines to issue urgent orders in case of

accident.

If a number of mining properties in any district cannot be worked on account of floods, and if the mine-owners concerned co-operate in proposing measures for dealing with such calamity but cannot come to a definite decision, the General Bureau will issue urgent orders to the mine-owners to subscribe to a common fund for the purpose of taking steps and carrying out whatever measures may be decided upon.

Section 64. Workings: where not allowed,

No mine-workings shall be carried out within a distance of 1 from the boundary of any private dwelling or property without the express consent of the owner. Without the written authorization of the local authority no work may be undertaken within 3 of any official yamêns, guildhalls, public offices, places dependent upon water facilities, or any public roads, railways, or canals. No mining operations may be carried on within 30 from the boundary of any land where there are forts, camps, or military stores, unless the official concerned shall grant a special su-pension of the prohibition in writing waiving the question of distance.

Section 55. Accounts to be kept in authorized form.

All persons exploiting mines, whether individuals, partners, or corporations, are required to enter periodically, in ledgers corresponding with an authorized form, the exact accounts of such mine, to facilitate inspection from time to time by officers deputed by the General Bureau,

Section 66. Maps of mining properties to be of authorized form,

Every mine must produce in advance an accurate plan of the workings contemplated in accordance with a printed form, to facilitate periodical visits of inspection by a delegate from the General Bureau.

PART XII.-Woods and Water-courses.

Section 57. Woods on mine lands.

The cutting down of trees, either to clear roads or to be used for purposes of the mine, is not authorized in the permits issued for prospecting or for mining. If such trees are on Government land, the Deputy in Charge of Mines must be requested to issue a licence to cut them down, and the trees must be paid for at the local market

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rate. If such trees are on private land, then a value must be arranged with the owner for their purchase, and the consent of the owner obtained before they can be felled, or alternatively the local authority may adjudicate according to law and sanction the action.

Section 58. Water rights on mine lands.

The waters of all navigable streams, rivers, lakes, and lagoons in any province belong to the State, and are used by the general public. Persons owning mining rights may not attempt unauthorizedly to alter the course of any river or stream on any pretence whatever.

Neither may they drain off the upper waters of a stream and deprive the persons living on the lower reaches of their water rights.

PART XIII.-Foreigners entering into Partnerships (Foreign Shareholders). Section 59. Rule as to name, addresses, business, and guarantors of foreign

subjects.

All foreigners engaging in mining enterprises who apply for permits under these Regulations must produce a certificate from their Consular authority binding them to adhere strictly to the provisions of these Regulations or Supplementary Regulations, and of all further rules to be made in the future; and the General Bureau of the province concerned shall also satisfy itself that such foreigner has conformed to the requirements of section 5 before a permit can be issued and such foreigner be allowed to work mines under these Regulations. The General Bureau concerned shall also require such foreigner to enter into a proper bond guaranteeing his full observance of these Regulations and Supplementary Regulations. If no infringement whatever of these Regulations is involved, such foreigner may be authorized to start work. Apart from persons engaged in working mines, the Treaty provisions regarding foreigners travelling in the interior requiring passports, and the prohibition of foreigners from leasing land, renting houses, building houses, erecting business premises, or carrying on other forms of business in the interior, will continue in force as before, with no change whatsoever; and even foreigners proceeding into the interior to prospect or to mine must as heretofore be furnished with passports.

Section 60. Legal proceedings: procedure for foreigners.

In cases where foreigners working mines in the interior of China in partnership with Chinese have lawsuits with Chinese or other foreigners in connection with money matters affecting the private interests of both parties, such suits may be decided in accordance with the laws of China, with impartiality, by the Chinese judicial officer concerned. Cases arising from other causes not yet provided for in Chinese law may be impartially dealt with under the existing laws common to all nations, having due regard to the nature of Chinese laws.

Section 61. Procedure in dealing with foreigners guilty of criminal offences.

In all cases where foreigners working mines in China commit offences against the criminal law, the Chinese judicial officer concerned may proceed to the spot to hold a preliminary hearing and examine witnesses. if the scene of the crime is remote from a Consular Representative of the nationality concerned, and there is reason to fear the guilty party may abscond, he may be kept temporarily in custody and sent to the nearest Consul, and the usual despatch called for by Treaty will be sent to the Consul concerned, who may pass sentence according to the laws of his own country, without unwarranted interference on the part of Chinese officials. Should the Consul's decision not receive the assent of the Chiuose authorities, or satisfy the public opinion, subjects of the nationality concerned may not in future apply again for permits to open mines in that province.

Section 62. Appeals by foreigners.

Any person, no matter of what nationality, who is dissatisfied with any legal decision on a mining question on the part of a Mine Deputy may appeal to the General Bureau of Mines of the province concerned. If be remains dissatisfied, he may appeal again to the Provincial Judge, Governor, or Viecroy, and thence finally to the Board. Diplomatic and Consular Representatives of foreign countries may not intervene in any

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