CO129-353 - Public Offices - 1908 — Page 72

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

69

with those of the Shanghai-Nanking railway, and they appear to provide for exemption "from any special taxes" only until the loan has been paid off. I am also in doubt, seeing that Kowloon is not a Treaty port, whether "exemption certificates" may be claimed for goods consigned to Canton or eventually to Hankow. The question of likin charges would of course form one of the matters for negotiation under the Joint Working Agreement, but I confess that I am at present at a loss to see what rights this Government possesses which would be violated by the imposition of likin dues, or what lever it can use to prevent such action on the expiry of the loan agreement.

To put the matter bluntly this Government has embarked on a project costing probably about £1,000,000 sterling, but has no agreement of any kind with the Chinese Government with whose railways it is to connect. Such few and unsatisfactory safeguards as it possesses (such as the stipulation for no competing line) are contained in the loan agreement between the Chinese Government and the British and Chinese Corporation to which this Government is not a party, and which I presume could be modified by mutual consent, and in any case lapses 25 years after the line is completed if the loan is duly paid.

In these circumstances I feel I have but little to negotiate upon in framing the Joint Working Agreement, beyond the terms of Article 18 which binds the Chinese Government to make an agreement "for the joint-working of the two sections".

I shall be grateful to Your Excellency for any information on the subject of railway likin, and any suggestions which you may be able to offer as to the conditions in this matter which this Government could reasonably ask, both during the continuance of the loan agreement and subsequently, and the arguments by which claims could be supported.

77. The third point to which the Secretary of State invites my attention is that "it is conceivable that the line may

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69 with those of the Shanghai-Nanking railway, and they appear to provide for exemption "from any special taxes" only until the loan has been paid off. I am also in doubt, seeing that Kowloon is not a Treaty port, whether "exemption certificates" may be claimed for goods consigned to Canton or eventually to Hankow. The question of likin charges would of course form one of the matters for negotiation under the Joint Working Agreement, but I confess that I am at present at a loss to see what rights this Government possesses which would be violated by the imposition of likin dues, or what lever it can use to prevent such action on the expiry of the loan agreement. To put the matter bluntly this Government has embarked on a project costing probably about £1,000,000 sterling, but has no agreement of any kind with the Chinese Government with whose railways it is to connect. Such few and unsatisfactory safeguards as it possesses (such as the stipulation for no competing line) are contained in the loan agreement between the Chinese Government and the British and Chinese Corporation to which this Government is not a party, and which I presume could be modified by mutual consent, and in any case lapses 25 years after the line is completed if the loan is duly paid. In these circumstances I feel I have but little to negotiate upon in framing the Joint Working Agreement, beyond the terms of Article 18 which binds the Chinese Government to make an agreement "for the joint-working of the two sections". I shall be grateful to Your Excellency for any information on the subject of railway likin, and any suggestions which you may be able to offer as to the conditions in this matter which this Government could reasonably ask, both during the continuance of the loan agreement and subsequently, and the arguments by which claims could be supported. 77. The third point to which the Secretary of State invites my attention is that "it is conceivable that the line may
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* 69 with those of the Shanghai-Nanking railway, and they appear to provide for exemption "from any special taxes" only until the loan has been paid off. I am also in doubt, seeing that Kowloon is not a Treaty port, whether "exemption certificates" may be claimed for goods consigned to Canton or eventually to Hankow. The question of likin charges would of course form one of the matters for negotiation under the Joint Working Agreement, but I confess that I am at present at a loss to Bee what rights this Government possesses which would be violated by the imposition of likin dues, or what lever it can use to prevent such action on the expiry of the loan agreement. To put the matter bluntly this Government has embarked on a project costing probably about £1,000,000 sterling, but has no agreement of any kind with the Chinese Government with whose railways it is to connect. Such few and unsatisfactory safeguards as it possesses (such as the stipulation for no competing line) are contained in the loan agreement between the Chinese Government and the British and Chinese Corporation to which this Government is not a party, and which I presume could be modified by mutual consent, and in any case lapses re 25 years after the line is completed if the loan is duly/paid In these circumstances I feel I have but little to negotiate upon in framing the Joint Working Agreement, beyond the terms of Article 18 which binds the Chinese Government to make an agreement "for the joint-working of the two sections". I shall be grateful to Your Excellency for any information on the subject of railway likin, and any suggestions which you may be able to offer as to the conditions in this matter which this Government could reasonably ask, both during the continuance of the loan agreement and subsequently, and the such arguments by which/claims could be supported. 77. The third point to which the Secretary of State invites my attention is that "it is conceivable that the line may
2026-06-07 02:35:35 · Baseline
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69

with those of the Shanghai-Nanking railway, and they appear

to provide for exemption "from any special taxes" only until

the loan has been paid off. I am also in doubt, seeing that

Kowloon is not a Treaty port, whether "exemption certificates"

may be claimed for goods consigned to Canton or eventually to Hankow. The question of likin charges would of course

form one of the matters for negotiation under the Joint

Working Agreement, but I confess that I am at present at a loss to Bee what rights this Government possesses which would

be violated by the imposition of likin dues, or what lever

it can use to prevent such action on the expiry of the loan

agreement.

To put the matter bluntly this Government has embarked

on a project costing probably about £1,000,000 sterling, but has no agreement of any kind with the Chinese Government with

whose railways it is to connect. Such few and unsatisfactory

safeguards as it possesses (such as the stipulation for no

competing line) are contained in the loan agreement between

the Chinese Government and the British and Chinese Corporation

to which this Government is not a party, and which I presume

could be modified by mutual consent, and in any case lapses

re

25 years after the line is completed if the loan is duly/paid

In these circumstances I feel I have but little to negotiate

upon in framing the Joint Working Agreement, beyond the terms

of Article 18 which binds the Chinese Government to make an

agreement "for the joint-working of the two sections".

I shall be grateful to Your Excellency for any information

on the subject of railway likin, and any suggestions which you

may be able to offer as to the conditions in this matter

which this Government could reasonably ask, both during the

continuance of the loan agreement and subsequently, and the

such arguments by which/claims could be supported.

77. The third point to which the Secretary of State

invites my attention is that "it is conceivable that the line

may

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