CO129-353 - Public Offices - 1908 — Page 17

This Document is the Property of His Britannic Majesty's Government.]

CHINA TRADE,

CONFIDENTIAL,

[6213]

No. 1.

16

[February 22.]

SECTION 9

C.0.

37614

J5 OCT 08

Sir,

Sir H. de Sausmarez to Sir Edward Grey-(Received February 22.) Rec

Supreme Court, Shanghae, January 17, 1908-

I HAVE the honour to refer you to Sir John Jordan's despatch No. 552 of the 24th November last, in which he makes a suggestion that I should, after consultation with certain Consular officers and merchants, draft a King's Regulation for vessels navigating the inland waters of China.

I have lately had an opportunity of discussing the question with the Governor of Hong Kong, Admiral Sir Arthur Moore and Mr. Mansfield, and after careful consideration. of their views and those of the officers responsible for the shipping business in Shanghae. as well as the Treaties with China and our own legislation, I have addressed to Sir John Jordan a despatch dealing with the whole subject. I have dealt with it at length so that, if my views are accepted I may be able, without misunderstanding, to undertake the drafting proposed by His Majesty's Minister.

I have the honour to inclose herewith a copy of my despatch so that you may be in possession of my views and may be in a position to give me early instructions if you are in agreement with them.

H. W. DE SAUSMAREZ.

I have, &c.

(Signed)

Inclosure 1 in No. 1.

(No. 1.) Sir,

Sir H. de Sausmarez to Sir J. Jordan.

Supreme Court, Shanghae, January 16, 1908.

I HAVE the honour to refer to your despatch of the 29th November, 1907, and to address you further on the subject of the navigation of the inland waters of China.

At your request I took advantage of my being in the South to discuss the question, and more particularly that part of it which touches the registration of launches at Canton, with Sir F. Lugard, Sir A. Moore, and Mr. Mansfield. It is quite clear that the present system as it has been administered in Canton has not only given rise to many illegalities, but what is to my mind more important it has produced a system which has given the Chinese Government serious cause of complaint. There is no doubt that most of the launches now "registered at the Consulate of Canton, are in reality Chinese owned, and these vessels by such "registration" escape the control of their own Government, and no doubt also certain oppressive exactions; this latter, however, is no business of That a system which allowed such an abuse should be altered seemed to me a pressing necessity, especially in view of the negotiations with reference to the piracies on the West River. The question of legality is a question of a breach of the Merchant Shipping Act, the continuation of the system involves a breach of faith with China. the consideration of the whole matter must occupy some little time it appeared to me important to regularize the present system so that at the most it should only be our own laws which continue to be broken. Moreover, it is at least arguable that the Merchant Shipping Act does not apply to vessels plying solely on the inland waters of an indepen- dent State.

ours.

As

I therefore advised the issue of the Regulations which had been drafted by Mr. Mansfield and approved by Sir A. Moore as a temporary measure, pending the adjustment of the main question. I was the more ready to give this advice in view of the great urgency which Sir A. Moore and Mr. Mansfield thought to be required in remedying the abuses complained of. The sixth regulation seemed to me not unexcep- tionable, but in view of the existence of a patrol of the West River and the fact that Sir A. Moore had concurred in these regulations 1 thought it had better stand, especially as Mr. Mansfield told me that he was under the impression that the Chinese Government had requested that British vessels plying on inland waters should fly the national flag.

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