CO129-353 - Public Offices - 1908 — Page 16

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

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Inclosure 3 in No. 1.

Sir C. MacDonald to Consul-General Munsfield.

(No. 13.)

Peking, September 9, 1898. Sir,

I HAVE received your despatch No. 37 of the 20th August requesting instructions on various questions in connection with steam navigation of inland

waters.

The Regulations sent you make no mention of chartered boats, and my view is that the nationality of the owner, and not of the charterer, must decide the treatment of the vessel as foreign or native.

You should of course satisfy yourself before issuing a certificate of ownership to any The extent launch or small steamer that the statement of British ownership is correct.

of proof required must necessarily be in some degree a matter for the discretion of the Consul An affidavit would be sufficient in most cases.

You have already received instructions as to the treatment of such Companies as the Wan Ku Steam-launch Company. It is difficult to prescribe rule-of-thumb Regulations in such matters. Abuses must be met by special treatment.

I believe it is the practice of launches registered in the manner described in Legation despatch No. 4 of the 3rd February, 1896, to fly the red ensign in the ports of China, and this I should say was contemplated when these instructions were issued. So long as the practice is confined to the waters of the port and the inland waterways it may be tolerated.

I am, &c.

(Signed)

CLAUDE M. MACDONALD.

Inclosure 4 in No. 1.

Notice.

THE following Provisional Regulations, made by His Majesty's Minister and hereby declared to be urgent, are published for general information.

(Signed) J. N. JORDAN,

His Britannic Majesty's Minister.

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such vessels may be hired for a single trip for a few days to any given point, with permission from the British Consular authorities, the captain and owner being alone responsible.

4. In order that the approximate whereabouts of every launch shall be known, cach launch shall run on a route to be submitted beforehand to the British Consular authorities.

Any change of route must be submitted beforehand to the Consular authorities.

5. The captain and engineer employed on the launches must be respectable and capable men to the satisfaction of His Majesty's Consul-General. They must obtain from the Harbour-master a certificate of competency in the form provided, with a photograph attached, and this certificate must be carried with them at all times when on duty, and must be produced for inspection whenever demanded by any British official or officer of the Imperial Maritime Customs. Any change of captain or engineer must be reported at the Consulate-General,

6. All British launches must fly a clean red ensign, and must, whenever required.

as above, produce the following papers :---

(a.) Certificate of British ownership issued by the Consulate-General. (b.) Report of survey of the duly appointed British surveyor.

(c.) Inland water papers granted by the 1.M.C.

7. The registered owner and the captain of each registered launch, and, in the case of a charter, the charterer also, shall jointly and severally be held responsible that all Rules and Regulations are complied with and for the proper running of bis launch.

8. Any person committing a breach of these Regulations or of the “Regulations (amended) Steam Navigation Inland" shall, where no penalty is specified, be liable on conviction to imprisonment for a period not exceeding one month and a fine not exceeding 201.

9. A repetition of auy breach of Regulations will involve, in addition to any penalty prescribed, cancellation of the vessel's registration as a British launch at the discretion of the Consul-General.

These Regulations may be cited as "The Canton Provisional Rules 1908 for British Launches plying under the Regulations for Steam Navigation Inland.”

J. N. JORDAN, His Britannic Majesty's Minister.

Peking, January 9, 1908.

(Signed)

Peking, January 9, 1908.

King's Regulation under Article 155 of "The China and Corea Order in Council, 1904," and Article 14 of "The Chinu and Corea (Amendment) Order in Council, 1907."

No. 1 of 1908.

Provisional Rules for the Port of Canton, applicable to British Launches plying under the Regulations for Steam Navigation Inland.

1. A British subject desirous of availing himself of the privileges granted by the Regulations for Steam Navigation Inland must appear at His Britannic Majesty's Consulate-General and produce the bill of sale to himself of the launch to be registered. He must make an affidavit that he is the actual owner thereof, and that no other person has, or has any intention of having, during such registered ownership, any equitable or beneficiary interest therein. A false declaration will render the offender liable to a fine not exceeding 501., with or without imprisonment not exceeding three months.

2. Registration of such launches is limited to-

Launches towing passenger-boats ;

Launches carrying passengers or cargo on approved routes; Launches towing properly registered lighters and junks.

3. No net charter of a British vessel coming under these Regulations shall be granted by the owner to any other than a British subject. Always providing that

[For Annexes, see Inclosure 2.]

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