CO129-351 - Public Offices - 1908 — Page 433

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

426

I have already had occasion to explain to Your Excellency that it is the opinion of the engineer-in-chief that the designs for the Sheklung Bridges require the expert criticism of eminent consulting engineers. His recommendation is in accordance with the universal practice of "the best modern system" of Railway construction and this being the case the Corporation would be failing in its duties as Trustee for the bondholders were it to acquiesce in any other arrangement. I venture to remind Your Excellency that while the Railway is the property of the Chinese Government it is also the first mortgage security for the loan, and that its efficient construction is therefore a matter in which the bondholders are directly concerned.

Finally I have the honour to point out that in accordance with the terms of the loan agreement, all cases of difference arising out of the performance of the engineer-in-chief's duties shall be referred for amicable adjustment between the Viceroy (or Director General) and the Representative of the Corporation.

Your Excellency will, no doubt, recognize that the efficient construction of this railway in accordance with modern practice is a matter seriously affecting, not only the Chinese Government's position vis-a-vis the bondholders, but also the credit and reputation of the Corporation; and I trust, therefore, that Your Excellency may be pleased to reconsider the question of the appointment of consulting engineers, and to authorize that the same may be dealt with in accordance with the recommendations of the engineer-in-chief, which have been endorsed, I understand, by the Managing Director and by the Viceroy.

Your Excellency will recognise that delay in obtaining the necessary expert opinion on the bridge designs and materials will

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426 I have already had occasion to explain to Your Excellency that it is the opinion of the engineer-in-chief that the designs for the Sheklung Bridges require the expert criticism of eminent consulting engineers. His recommendation is in accordance with the universal practice of "the best modern system" of Railway construction and this being the case the Corporation would be failing in its duties as Trustee for the bondholders were it to acquiesce in any other arrangement. I venture to remind Your Excellency that while the Railway is the property of the Chinese Government it is also the first mortgage security for the loan, and that its efficient construction is therefore a matter in which the bondholders are directly concerned. Finally I have the honour to point out that in accordance with the terms of the loan agreement, all cases of difference arising out of the performance of the engineer-in-chief's duties shall be referred for amicable adjustment between the Viceroy (or Director General) and the Representative of the Corporation. Your Excellency will, no doubt, recognize that the efficient construction of this railway in accordance with modern practice is a matter seriously affecting, not only the Chinese Government's position vis-a-vis the bondholders, but also the credit and reputation of the Corporation; and I trust, therefore, that Your Excellency may be pleased to reconsider the question of the appointment of consulting engineers, and to authorize that the same may be dealt with in accordance with the recommendations of the engineer-in-chief, which have been endorsed, I understand, by the Managing Director and by the Viceroy. Your Excellency will recognise that delay in obtaining the necessary expert opinion on the bridge designs and materials will
Baseline (Original)
426 { F I ITT regard thereto as laid down in pararraph 2 of the same Art- icle and in the first paragraph of Article 6. I have already had occasion to explain to Your Excellency that it is the opini- on of the engineer-in-chief that the designs for the Sheklung Bridges require the expert criticism of eminent consulting engineers. His recommendation is eket in accordance with the universal practice of "the best modern ayetem" of Railway construction and this being the case the Corporation would he failing in its duties as Trustee for the hondholders were it to acquiesce in any other arrangement. I venture to remind Your Excellency that while the Railway is the property of the Chinese Government it is lso the first mortgagesecurity for the loan, and that its efficient construction is therefore a metter in which the bondholders are directly concerned. Finally I have the honour to point out that in accordance with the te me of the loan agreement, all cases of difference arising out of the performance of the engineer-in-chief's duties shall be referred for amicable adjustment between the Viceroy (or Director general) and the Representative of the Corporation. Your Excellency will, no doubt, recognize that the efficient construction of this railway in accordance with modern practice is a matter seriously affecting, not only the Chinese Government's position vis a vis the bondholders, hut also the credit and reputation of the Corporation; and I trust, therefore, that Your Excellency may be pleased to reconsider the question of the appointment of consulting engineers, and to authorize that the same may be dealt with in accordance with the recommendations of the engineer-in-chief, which have been endorsed, I understand, by the Managing Director and by the Viceroy. Your Excellency will recognise that delay in obtaining the necessary expert opinion on the bridge designs and materials will
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426

{

F

I

ITT

regard thereto as laid down in pararraph 2 of the same Art-

icle and in the first paragraph of Article 6. I have already

had occasion to explain to Your Excellency that it is the opini-

on of the engineer-in-chief that the designs for the Sheklung

Bridges require the expert criticism of eminent consulting

engineers. His recommendation is eket in accordance with the

universal practice of "the best modern ayetem" of Railway

construction and this being the case the Corporation would he

failing in its duties as Trustee for the hondholders were it

to acquiesce in any other arrangement. I venture to remind

Your Excellency that while the Railway is the property of

the Chinese Government it is lso the first mortgagesecurity

for the loan, and that its efficient construction is therefore

a metter in which the bondholders are directly concerned.

Finally I have the honour to point out that in accordance

with the te me of the loan agreement, all cases of difference

arising out of the performance of the engineer-in-chief's

duties shall be referred for amicable adjustment between the

Viceroy (or Director general) and the Representative of the

Corporation.

Your Excellency will, no doubt, recognize that the

efficient construction of this railway in accordance with

modern practice is a matter seriously affecting, not only the

Chinese Government's position vis a vis the bondholders, hut

also the credit and reputation of the Corporation; and I trust,

therefore, that Your Excellency may be pleased to reconsider

the question of the appointment of consulting engineers, and

to authorize that the same may be dealt with in accordance

with the recommendations of the engineer-in-chief, which

have been endorsed, I understand, by the Managing Director

and by the Viceroy.

Your Excellency will recognise that delay in obtaining the necessary expert opinion on the bridge designs and materials

will

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