CO129-351 - Public Offices - 1908 — Page 55

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

"When a Chinese merchant purchases a small steam-boat from a foreigner he shall present a Petition, together with all the ship's papers, through the Commissioner to the Superintendent of Customs for examination. At the same time the foreign Consul shall notify the Superintendent of Customs of the sale that it may be placed on record.

"When a Chinese steam-boat is sold to a foreigner a Petition shall also be presented to the Superintendent of Customs through the Commissioner, and when all is found to be in order, the Superintendent of Customs will inform the foreign Consul in order that the steam-boat may be registered and provided with a certificate. In such cases where a Chinese steam-boat is sold to a foreigner, the Consul should await the receipt of a notification from the Superintendent of Customs before consenting to register it as a vessel belonging to his country.

"A Chinese steam-boat chartered by a foreigner cannot be treated as a foreign vessel.

"It is requested that these proposals may be communicated to the foreign Representatives at Peking, and that they may be asked to instruct their Consuls to act in pursuance thereof."

This Board therefore has the honour to request your Excellency to instruct His Majesty's Consuls at the various ports to act in pursuance of the above proposals.

I avail, &c.

Inclosure 2 in No. 1.

Sir J. Jordan to Prince Ch'ing.

Peking, August 29, 1905,

Your Highness,

I HAVE the honour to acknowledge the receipt of your Highness's note of the 15th May, in which is inclosed a communication from the Superintendent of Southern Trade making certain proposals in regard to small steam-vessels plying under the Inland Navigation Rules.

There is no objection to British Consuls informing Commissioners of Customs of sales of small steam-boats by British subjects to Chinese, for purposes of record.

The procedure proposed in the case of a sale by a Chinese to a foreigner is open to the objection that it would make such a transaction subject to the preliminary sanction of a Chinese authority. Any arrangement of the kind is out of the question. At present when a Chinese-owned steam-vessel is transferred to a British subject a declaration of ownership is made by the British owner before a certificate of registry is issued. This change of ownership is notified, at the request of the British owner, to the Commissioner of Customs in all cases when the vessels are to be employed under the Inland Navigation Rules. Should there be a doubt of the good faith of any such transfer or declaration of ownership, British Consuls will always be ready to inquire into the matter on the production of proper evidence.

The third proposal of the Superintendent of Southern Trade, that "a Chinese steam-boat chartered by a foreigner cannot be treated as a foreign vessel," is perfectly proper and in accordance with the admitted principle governing charters by British subjects. I am prepared to inform British Consuls of the tenor of the foregoing observations on the Superintendent's proposals, and to instruct them to act accordingly, but I do not see any present necessity for the issue by the Chinese authorities of Regulations on the subject.

I avail, &c.

Sir,

Inclosure 4 in No. 1.

Viceroy of Canton to Consul-General Mansfield.

Canton, October 26, 1907. I HAVE the honour to acknowledge receipt of your despatch asking me, with reference to the piracies of the "Sainam" and Kicheung," to send a deputy to your office to negotiate compensation.

You have already been informed that on the piracies of these two steamers the former Viceroys issued instructions to the local officials, and that a large number of the guilty were arrested and punished. Local disturbances and piracies are on quite a different footing, and the decision to compensate the Chinese in Vladivostock and Japanese in the United States cannot be followed. Moreover, cases of robbery and piracy are of frequent occurrence both in Eastern and Western lands; for example, how is it that in Great Britain, where the police are most efficient and the protection given to merchants and travellers by local officials is most complete, cases of robbery (or piracy) still occur? Nor have I heard that compensation is given. It is evident from this that the duty of the local officials, in cases of piracy, is limited to the arrest and punishment of the offenders, and that there is absolutely no reason why compensation should be given. I am at present engaged in issuing instructions for consultation with a view to the reform of the system of making arrests, in the hope that piracy may rapidly decrease. There is therefore no need to pay attention to your request for the appointment of a deputy to discuss the question of compensation.

Compliments.

Sir,

Inclosure 5 in No. 1.

Viceroy of Canton to Consul-General Mansfield.

Canton, October 29, 1907. I HAVE the honour to acknowledge receipt of your despatch of the 23rd instant, in which you state that the steam-launch "Hong Tat" was pirated at Tou Tang, in the neighbourhood of Waichow, on the night of the 15th by pirates disguised as passengers, the losses being about 400 dollars, and ask me to give strict orders for the arrest of the guilty and to pay compensation for the losses in this case and in the cases of the piracies of the "Sainam" and "Kicheung," and request me to take measures for the suppression of piracy.

The piracy of the "Hong Tat" has already been reported to me by the Commissioner of Customs, and I had at once telegraphed to the local officials, military and civil, ordering them to arrest and try the pirates guilty in the present case within a fixed time, to recover the stolen property, and return it to its owners.

I am heartily in agreement with your remarks as to taking measures for the suppression of piracy, and am now engaged in settling upon measures with a view to the cessation of piracy and giving peace to merchants and travellers. As soon as satisfactory Regulations have been made, they will at once be vigorously put into force.

In the event of piracy of steam-launches, the local officials have of course the duty of arresting the pirates and recovering the stolen property, but there is no reason why compensation should be given; this has been clearly laid down in my replies to your despatches, and need not be considered.

I am strictly ordering the local officials of Waichow, civil and military, to speedily arrest those guilty of the piracy of the steam-launch "Hong Tat," try and punish them.

(No. 54.) Sir,

Inclosure 3 in No. 1.

Consul-General Mansfield to Sir J. Jordan.

Canton, November 1, 1907.

IN continuation of my despatch No. 53 of the 26th ultimo, I have the honour to inclose herewith copies and translations of the Viceroy's replies to the inclosures forwarded therein. In two of these his Excellency refuses to entertain the question of compensation, while in the third it is studiously ignored.

I have, &c. (Signed) R. W. MANSFIELD.

Sir,

Inclosure 6 in No. 1.

I avail, &c.

(Seal of Viceroy.)

Viceroy of Canton to Consul-General Mansfield.

Canton, October 29, 1907.

I HAVE the honour to acknowledge the receipt of your despatch of the 26th instant, reporting that early on the morning of the 22nd October the steam-launch

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"When a Chinese merchant purchases a small steam-boat from a foreigner he shall present a Petition, together with all the ship's papers, through the Commissioner to the Superintendent of Customs for examination. At the same time the foreign Consul shall notify the Superintendent of Customs of the sale that it may be placed on record. "When a Chinese steam-boat is sold to a foreigner a Petition shall also be presented to the Superintendent of Customs through the Commissioner, and when all is found to be in order, the Superintendent of Customs will inform the foreign Consul in order that the steam-boat may be registered and provided with a certificate. In such cases where a Chinese steam-boat is sold to a foreigner, the Consul should await the receipt of a notification from the Superintendent of Customs before consenting to register it as a vessel belonging to his country. "A Chinese steam-boat chartered by a foreigner cannot be treated as a foreign vessel. "It is requested that these proposals may be communicated to the foreign Representatives at Peking, and that they may be asked to instruct their Consuls to act in pursuance thereof." This Board therefore has the honour to request your Excellency to instruct His Majesty's Consuls at the various ports to act in pursuance of the above proposals. I avail, &c. Inclosure 2 in No. 1. Sir J. Jordan to Prince Ch'ing. Peking, August 29, 1905, Your Highness, I HAVE the honour to acknowledge the receipt of your Highness's note of the 15th May, in which is inclosed a communication from the Superintendent of Southern Trade making certain proposals in regard to small steam-vessels plying under the Inland Navigation Rules. There is no objection to British Consuls informing Commissioners of Customs of sales of small steam-boats by British subjects to Chinese, for purposes of record. The procedure proposed in the case of a sale by a Chinese to a foreigner is open to the objection that it would make such a transaction subject to the preliminary sanction of a Chinese authority. Any arrangement of the kind is out of the question. At present when a Chinese-owned steam-vessel is transferred to a British subject a declaration of ownership is made by the British owner before a certificate of registry is issued. This change of ownership is notified, at the request of the British owner, to the Commissioner of Customs in all cases when the vessels are to be employed under the Inland Navigation Rules. Should there be a doubt of the good faith of any such transfer or declaration of ownership, British Consuls will always be ready to inquire into the matter on the production of proper evidence. The third proposal of the Superintendent of Southern Trade, that "a Chinese steam-boat chartered by a foreigner cannot be treated as a foreign vessel," is perfectly proper and in accordance with the admitted principle governing charters by British subjects. I am prepared to inform British Consuls of the tenor of the foregoing observations on the Superintendent's proposals, and to instruct them to act accordingly, but I do not see any present necessity for the issue by the Chinese authorities of Regulations on the subject. I avail, &c. Sir, Inclosure 4 in No. 1. Viceroy of Canton to Consul-General Mansfield. Canton, October 26, 1907. I HAVE the honour to acknowledge receipt of your despatch asking me, with reference to the piracies of the "Sainam" and Kicheung," to send a deputy to your office to negotiate compensation. You have already been informed that on the piracies of these two steamers the former Viceroys issued instructions to the local officials, and that a large number of the guilty were arrested and punished. Local disturbances and piracies are on quite a different footing, and the decision to compensate the Chinese in Vladivostock and Japanese in the United States cannot be followed. Moreover, cases of robbery and piracy are of frequent occurrence both in Eastern and Western lands; for example, how is it that in Great Britain, where the police are most efficient and the protection given to merchants and travellers by local officials is most complete, cases of robbery (or piracy) still occur? Nor have I heard that compensation is given. It is evident from this that the duty of the local officials, in cases of piracy, is limited to the arrest and punishment of the offenders, and that there is absolutely no reason why compensation should be given. I am at present engaged in issuing instructions for consultation with a view to the reform of the system of making arrests, in the hope that piracy may rapidly decrease. There is therefore no need to pay attention to your request for the appointment of a deputy to discuss the question of compensation. Compliments. Sir, Inclosure 5 in No. 1. Viceroy of Canton to Consul-General Mansfield. Canton, October 29, 1907. I HAVE the honour to acknowledge receipt of your despatch of the 23rd instant, in which you state that the steam-launch "Hong Tat" was pirated at Tou Tang, in the neighbourhood of Waichow, on the night of the 15th by pirates disguised as passengers, the losses being about 400 dollars, and ask me to give strict orders for the arrest of the guilty and to pay compensation for the losses in this case and in the cases of the piracies of the "Sainam" and "Kicheung," and request me to take measures for the suppression of piracy. The piracy of the "Hong Tat" has already been reported to me by the Commissioner of Customs, and I had at once telegraphed to the local officials, military and civil, ordering them to arrest and try the pirates guilty in the present case within a fixed time, to recover the stolen property, and return it to its owners. I am heartily in agreement with your remarks as to taking measures for the suppression of piracy, and am now engaged in settling upon measures with a view to the cessation of piracy and giving peace to merchants and travellers. As soon as satisfactory Regulations have been made, they will at once be vigorously put into force. In the event of piracy of steam-launches, the local officials have of course the duty of arresting the pirates and recovering the stolen property, but there is no reason why compensation should be given; this has been clearly laid down in my replies to your despatches, and need not be considered. I am strictly ordering the local officials of Waichow, civil and military, to speedily arrest those guilty of the piracy of the steam-launch "Hong Tat," try and punish them. (No. 54.) Sir, Inclosure 3 in No. 1. Consul-General Mansfield to Sir J. Jordan. Canton, November 1, 1907. IN continuation of my despatch No. 53 of the 26th ultimo, I have the honour to inclose herewith copies and translations of the Viceroy's replies to the inclosures forwarded therein. In two of these his Excellency refuses to entertain the question of compensation, while in the third it is studiously ignored. I have, &c. (Signed) R. W. MANSFIELD. Sir, Inclosure 6 in No. 1. I avail, &c. (Seal of Viceroy.) Viceroy of Canton to Consul-General Mansfield. Canton, October 29, 1907. I HAVE the honour to acknowledge the receipt of your despatch of the 26th instant, reporting that early on the morning of the 22nd October the steam-launch
Baseline (Original)
2 "When a Chinese merchant purchases a small steam-boat from a foreigner he shall present a Petition, together with all the ship's papers, through the Commissioner to the Superintendent of Customs for examination. At the same time the foreign Consul shall notify the Superintendent of Customs of the sale that it may be placed on record. "When a Chinese steam-boat is sold to a foreigner a Petition shall also be presented to the Superintendent of Customs through the Commissioner, and when all is found to be in order, the Superintendent of Customs will inform the foreign Consul in order that the steam-boat may be registered and provided with a certificate. In such cases where a Chinese steam-boat is sold to a foreigner, the Consul should await the receipt of a notification from the Superintendent of Customs before consenting to register it as a vessel belonging to his country. "A Chinese steam-boat chartered by a foreigner cannot be treated as a foreign vessel. "It is requested that these proposals may be communicated to the foreign Representatives at Peking, and that they may be asked to instruct their Consuls to act in pursuance thereof." This Board therefore bas the honour to request your "Excellency to instruct His Majesty's Consuls at the various ports to act in pursuance of the above proposals. I avail, &c. Inclosure 2 in No. 1. Sir J. Jordan to Prince Ch'ing. Peking, August 29, 1905, Your Highness, I HAVE the honour to acknowledge the receipt of your Highness's note of the 15th May, in which is inclosed a communication from the Superintendent of Southern Trade making certain proposals in regard to small steam-vessels plying under the Inland Navigation Rules. There is no objection to British Consuls informning Commissioners of Customs of sales of small steam-boats by British subjects to Chinese, for purposes of record. The procedure proposed in the case of a sale by a Chinese to a foreigner is open to the objection that it would make such a transaction subject to the preliminary sanction of a Chinese authority. Any arrangement of the kind is out of the question. At present when a Chinese-owned steam-vessel is transferred to a British subject a declaration of ownership is made by the British owner before a certificate of registry is issued. This change of ownership is notified, at the request of the British owner, to the Commissioner of Customs in all cases when the vessels are to be employed under the Inland Navigation Rules. Should there be a doubt of the good faith of any such transfer or declaration of ownership, British Consuls will always be ready to inquire into the matter on the production of proper evidence. The third proposal of the Superintendent of Southern Trade, that "a Chinese steam-boat chartered by a foreigner cannot be treated as a foreign vessel," is perfectly proper and in accordance with the admitted principle governing charters by British subjects. I am prepared to inform British Consuls of the tenor of the foregoing observations on the Superintendent's proposals, and to instruct them to act accordingly, but I do not see any present necessity for the issue by the Chinese authorities of Regulations on the subject. I avail, &c. Sir, 3 Inclosure 4 in No. 1. Viceroy of Cunton to Consul-General Mansfield. Canton, October 26, 1907. I HAVE the honour to acknowledge receipt of your despatch asking me, with reference to the piracies of the "Sainam" and Kicheung," to send a deputy to your office to negotiate compensation. ៩៨ You have already been informed that on the piracies of these two steamers the former Viceroys issued instructions to the local officials, and that a large number of the guilty were arrested and punished. Local disturbances and piracies are on quite a different footing, and the decision to compensate the Chinese in Vladivostock and Japanese in the United States cannot be followed. Moreover, cases of robbery and piracy are of frequent occurrence both in Eastern and Western lands; for example, how is it that in Great Britain, where the police are most efficient and the protection given to merchants and travellers by local officials is most complete, cases of robbery (or piracy) still occur? Nor have I heard that compensation is given. It is evident from this that the duty of the local officials, in cases of piracy, is limited to the arrest and punishment of the offenders, and that there is absolutely no reason why compensation should be given. I am at present engaged in issuing instructions for consultation with a view to the reform of the system of making arrests, in the hope that piracy may rapidly decrease. There is therefore no need to pay attention to your request for the appointment of a deputy to discuss the question of compensation. Compliments. Sir, Inclosure 5 in No. 1. Viceroy of Canton to Consul-General Mansfield. Canton, October 29, 1007. I HAVE the honour the acknowledge receipt of your despatch of the 23rd instant, in which you state that the steam-launch "Hong Tat" was pirated at Tou Tang, in the neighbourhood of Waichow, on the night of the 15th by pirates disguised as passengers, the losses being about 400 dollars, and ask me to give strict orders for the arrest of the guilty and to pay compensation for the losses in this case and in the cases of the piracies of the "Sainam" and "Kicheung," and request me to take measures for the suppression of piracy. The piracy of the "Long Tat" has already been reported to me by the Commis- sioner of Customs, and I had at once telegraphed to the local officials, military and civil, ordering them to arrest and try the pirates guilty in the present case within a fixed time, to recover the stolen property, and return it to its owners. I am heartily in agreement with your remarks as to taking measures for the suppres- sion of piracy, and am now engaged in settling upon measures with a view to the cessation of piracy and giving peace to merchants and travellers. As soon as satisfactory Regulations have been made, they will at once be vigorously put into force. In the event of piracy of steamn-launches, the local officials have of course the duty of arresting the pirates and recovering the stolen property, but there is no reason why compensation should be given; this has been clearly laid down in my replies to your despatches, and need not be considered. I am strictly ordering the local officials of Waichow, civil and military, to speedily arrest those guilty of the piracy of the steam-launch Hong Tat," try and punish them. (No. 54.) Sir, Inclosure 3 in No. 1. Consul-General Mansfield to Sir J. Jordan. Canton, November 1, 1907. IN continuation of my despatch No. 53 of the 26th ultimo, I have the honour to inelose herewith copies and translations of the Viceroy's replies to the inclosures forwarded therein. In two of these his Excellency refuses to entertain the question of compensation, while in the third it is studiously ignored. I have, &c. (Signed) R. W. MANSFIELD. Sir, Inclosure 6 in No. 1. I avail, &c. (Seal of Viceroy.) Viceroy of Canton to Consul-General Mansfield. Canton, October 29, 1907. I HAVE the honour to acknowledge the receipt of your despatch of the 26th instant, reporting that early on the morning of the 22nd October the steam-launch 52
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2

"When a Chinese merchant purchases a small steam-boat from a foreigner he shall present a Petition, together with all the ship's papers, through the Commissioner to the Superintendent of Customs for examination. At the same time the foreign Consul shall notify the Superintendent of Customs of the sale that it may be placed on record.

"When a Chinese steam-boat is sold to a foreigner a Petition shall also be presented to the Superintendent of Customs through the Commissioner, and when all is found to be in order, the Superintendent of Customs will inform the foreign Consul in order that the steam-boat may be registered and provided with a certificate. In such cases where a Chinese steam-boat is sold to a foreigner, the Consul should await the receipt of a notification from the Superintendent of Customs before consenting to register it as a vessel belonging to his country.

"A Chinese steam-boat chartered by a foreigner cannot be treated as a foreign vessel.

"It is requested that these proposals may be communicated to the foreign Representatives at Peking, and that they may be asked to instruct their Consuls to act in pursuance thereof."

This Board therefore bas the honour to request your "Excellency to instruct His Majesty's Consuls at the various ports to act in pursuance of the above proposals.

I avail, &c.

Inclosure 2 in No. 1.

Sir J. Jordan to Prince Ch'ing.

Peking, August 29, 1905,

Your Highness,

I HAVE the honour to acknowledge the receipt of your Highness's note of the 15th May, in which is inclosed a communication from the Superintendent of Southern Trade making certain proposals in regard to small steam-vessels plying under the Inland Navigation Rules.

There is no objection to British Consuls informning Commissioners of Customs of sales of small steam-boats by British subjects to Chinese, for purposes of record.

The procedure proposed in the case of a sale by a Chinese to a foreigner is open to the objection that it would make such a transaction subject to the preliminary sanction of a Chinese authority. Any arrangement of the kind is out of the question. At present when a Chinese-owned steam-vessel is transferred to a British subject a declaration of ownership is made by the British owner before a certificate of registry is issued. This change of ownership is notified, at the request of the British owner, to the Commissioner of Customs in all cases when the vessels are to be employed under the Inland Navigation Rules. Should there be a doubt of the good faith of any such transfer or declaration of ownership, British Consuls will always be ready to inquire into the matter on the production of proper evidence.

The third proposal of the Superintendent of Southern Trade, that "a Chinese steam-boat chartered by a foreigner cannot be treated as a foreign vessel," is perfectly proper and in accordance with the admitted principle governing charters by British subjects. I am prepared to inform British Consuls of the tenor of the foregoing observations on the Superintendent's proposals, and to instruct them to act accordingly, but I do not see any present necessity for the issue by the Chinese authorities of Regulations on the subject.

I avail, &c.

Sir,

3

Inclosure 4 in No. 1.

Viceroy of Cunton to Consul-General Mansfield.

Canton, October 26, 1907. I HAVE the honour to acknowledge receipt of your despatch asking me, with reference to the piracies of the "Sainam" and Kicheung," to send a deputy to your office to negotiate compensation.

៩៨

You have already been informed that on the piracies of these two steamers the former Viceroys issued instructions to the local officials, and that a large number of the guilty were arrested and punished. Local disturbances and piracies are on quite a different footing, and the decision to compensate the Chinese in Vladivostock and Japanese in the United States cannot be followed. Moreover, cases of robbery and piracy are of frequent occurrence both in Eastern and Western lands; for example, how is it that in Great Britain, where the police are most efficient and the protection given to merchants and travellers by local officials is most complete, cases of robbery (or piracy) still occur? Nor have I heard that compensation is given. It is evident from this that the duty of the local officials, in cases of piracy, is limited to the arrest and punishment of the offenders, and that there is absolutely no reason why compensation should be given. I am at present engaged in issuing instructions for consultation with a view to the reform of the system of making arrests, in the hope that piracy may rapidly decrease. There is therefore no need to pay attention to your request for the appointment of a deputy to discuss the question of compensation.

Compliments.

Sir,

Inclosure 5 in No. 1.

Viceroy of Canton to Consul-General Mansfield.

Canton, October 29, 1007. I HAVE the honour the acknowledge receipt of your despatch of the 23rd instant, in which you state that the steam-launch "Hong Tat" was pirated at Tou Tang, in the neighbourhood of Waichow, on the night of the 15th by pirates disguised as passengers, the losses being about 400 dollars, and ask me to give strict orders for the arrest of the guilty and to pay compensation for the losses in this case and in the cases of the piracies of the "Sainam" and "Kicheung," and request me to take measures for the suppression of piracy.

The piracy of the "Long Tat" has already been reported to me by the Commis- sioner of Customs, and I had at once telegraphed to the local officials, military and civil, ordering them to arrest and try the pirates guilty in the present case within a fixed time, to recover the stolen property, and return it to its owners.

I am heartily in agreement with your remarks as to taking measures for the suppres- sion of piracy, and am now engaged in settling upon measures with a view to the cessation of piracy and giving peace to merchants and travellers. As soon as satisfactory Regulations have been made, they will at once be vigorously put into force.

In the event of piracy of steamn-launches, the local officials have of course the duty of arresting the pirates and recovering the stolen property, but there is no reason why compensation should be given; this has been clearly laid down in my replies to your despatches, and need not be considered.

I am strictly ordering the local officials of Waichow, civil and military, to speedily arrest those guilty of the piracy of the steam-launch Hong Tat," try and punish them.

(No. 54.) Sir,

Inclosure 3 in No. 1.

Consul-General Mansfield to Sir J. Jordan.

Canton, November 1, 1907.

IN continuation of my despatch No. 53 of the 26th ultimo, I have the honour to inelose herewith copies and translations of the Viceroy's replies to the inclosures forwarded therein. In two of these his Excellency refuses to entertain the question of compensation, while in the third it is studiously ignored.

I have, &c. (Signed) R. W. MANSFIELD.

Sir,

Inclosure 6 in No. 1.

I avail, &c.

(Seal of Viceroy.)

Viceroy of Canton to Consul-General Mansfield.

Canton, October 29, 1907.

I HAVE the honour to acknowledge the receipt of your despatch of the 26th instant, reporting that early on the morning of the 22nd October the steam-launch

52

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