This Document is the Property of His Britannic Majesty's Government.
# CHINA TRADE.
## CONFIDENTIAL.
[6156]
No. 1.
[February 22.]
## SECTION 80.
37614
Sir J. Jordan to Sir Edward Grey.-(Received February 22.)
(No. 20.)
Peking, January 9, 1908.
Sir,
ON learning privately from the Judge of His Majesty's Supreme Court at Shanghae that he intended to spend the Christmas holidays at Hong Kong and Canton, I telegraphed to him on the 12th December last and suggested that he should take the opportunity while at the latter place of looking into the launch registration question, and advising me what measures could be legally taken to prevent the abuse of the flag in accordance with the spirit of the instructions contained in your telegram No. 128 of the 23rd November.
The day after my telegram was dispatched His Majesty's Consul-General at Canton addressed me a despatch (copy inclosed) in which he forwarded a set of rules drawn up in consultation with the naval Commander-in-chief, for the enforcement of which he asked that an urgent King's Regulation should be issued. Mr. Mansfield mentioned that the French and American Consuls were both prepared to recommend to their Governments the issue of similar Regulations for the control of launches registered in their Consulates.
On the 29th December Sir Havilland de Sausmarez reported to me by telegraph the result of his investigations. He stated that, after a full discussion of the question with the Admiral and Consul-General, he was convinced that some modification of the existing conditions was urgently necessary. The present practice was, he said, based upon Sir Claude MacDonald's despatch No. 13 of 1898 to Canton, a copy of which is inclosed, and, in view of the delay which a modification of these instructions would entail, and the fact that the inland waters of China were not contemplated in the Merchant Shipping Act, he was clearly of opinion that I would be justified in issuing as urgent the Regulations forwarded in Mr. Mansfield's despatch, to which reference has been made above, subject to certain alterations suggested by the Judge and communicated to me separately by the Consul-General.
As, however, these Regulations did not accord with the view expressed in your despatch No. 200 of the 15th May, 1907, as to the use of the flag, Sir H. de Sausmarez advised that they should be described as provisional.
The Judge's views were communicated to you by telegram, and in your telegraphic reply No. 3 of the 6th instant you authorized me to issue an urgent King's Regulation provisionally on the lines and conditions which I had proposed.
I have accordingly issued to-day the King's Regulation, copy of which I have the honour to transmit to you herewith, and, to make sure that its terms are legally conceived, I have forwarded it to Mr. Mansfield under flying seal through Sir H. de Sausmarez, so that the latter may have an opportunity of scrutinizing it before publication.
The reports which you will have received through the Admiralty from Admiral Moore will, I feel sure, have shown you that the state of things which had grown up at Canton required an urgent remedy, and that action could not have safely been deferred until the whole question of the status of British launches plying under the Inland Steam Navigation Rules, which was dealt with in my despatch No. 552 of the 24th November, had received consideration.
The settlement of the "Sainam" case, which I had the honour to report in my despatch No. 19 of the 8th January, imposes upon us in a still greater measure than before the responsibility of seeing that no further irregularities occur in connection with the use of the British flag at Canton.
I wish to record the sense of the obligations which I owe to Sir H. de Sausmarez for his unfailing assistance in this and other matters which do not strictly come within his province as Judge of His Majesty's Supreme Court.
[2842 y-8]
I have, &c.
(Signed) J. N. JORDAN.
B
12
This Document is the Property of His Britannic Majesty's Government.
CHINA TRADE.
CONFIDENTIAL.
[6156]
No. 1.
[February 22.]
SECTION 80.
37614
Sir J. Jordan to Sir Edward Grey.-(Received February 22.)
(No. 20.)
12 15 001 08 Sir,
Peking, Junuary 9, 1908. ON learning privately from the Judge of His Majesty's Supreme Court at Shanghae that he intended to spend the Christmas holidays at Hong Kong and Canton, I telegraphed to him on the 12th December last and suggested that he should take the opportunity while at the latter place of looking into the launch registration question, and advising me what measures could be legally taken to prevent the abuse of the flag in accordance with the spirit of the instructions contained in your telegram No. 128 of the 23rd November.
The day after my telegram was dispatched His Majesty's Consul-General at Canton addressed me a despatch (copy inclosed) in which he forwarded a set of rules drawn up in consultation with the naval Commander-in-chief, for the enforcement of which he asked that an urgent King's Regulation should be issued. Mr. Mansfield mentioned that the French and American Consuls were both prepared to recommend to their Governments the issue of similar Regulations for the control of launches registered in their Consulates.
On the 29th December Sir Havilland de Sausmarez reported to me by telegraph the result of his investigations. He stated that, after a full discussion of the question with the Admiral and Consul-General, he was convinced that some modification of the existing conditions was urgently necessary. The present practice was, he said, based upon Sir Claude MacDonald's despatch No. 13 of 1898 to Canton, a copy of which is inclosed, and, in view of the delay which a modification of these instructions would entail, and the fact that the inland waters of China were not contemplated in the Merchant Shipping Act, he was clearly of opinion that I would be justified in issuing as urgent the Regulations forwarded in Mr. Mansfield's despatch, to which reference has been made above, subject to certain alterations suggested by the Judge and communi- cated to me separately by the Consul-General.
As, however, these Regulations did not accord with the view expressed in your despatch No. 200 of the 15th May, 1907, as to the use of the flag, Sir H. de Sausmarez advised that they should be described as provisional.
The Judge's views were communicated to you by telegram, and in your telegraphic reply No. 3 of the 6th instant you authorized me to issue an urgent King's Regulation provisionally on the lines and conditions which I had proposed.
I have accordingly issued to-day the King's Regulation, copy of which I have the honour to transmit to you herewith, and, to make sure that its terms are legally conceived, I have forwarded it to Mr. Mansfield under flying seal through Sir H, de Sausmarez, so that the latter may have an opportunity of scrutinizing it before publication.
The reports which you will have received through the Admiralty from Admiral Moore will, I feel sure, have shown you that the state of things which had grown up at Canton required an urgent remedy, and that action could not have safely been deferred until the whole question of the status of British launches plying under the Inland Steam Navigation Rules, which was dealt with in my despatch No. 552 of the 24th November, had received consideration.
The settlement of the "Sainam" case, which I had the honour to report in my despatch No. 19 of the 8th January, imposes upon us in a still greater measure than before the responsibility of seeing that no further irregularities occur in connection with the use of the British flag at Canton.
I wish to record the sense of the obligations which I owe to Sir H. de Sausmarez for his unfailing assistance in this and other matters which do not strictly come within his province as Judge of His Majesty's Supreme Court.
[2842 y-8]
I have, &c. (Signed) J. N. JORDAN.
B
12
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