CO129-391 - Acting Governor Claud Severn Governor Sir May - 1912 [7-8] — Page 222

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COPY.

No. 1 in 6011/11.

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sir,

No.

216

5772

Government House,

PESO SOp 12

Hongkong, 25th. July, 1912.

I have the honour to acknowledge the receipt

of your letter of 3rd. July regarding the claim of this Government on account of suspension of through traffic on the Canton-Kowloon Railway towards the close of last year.

2.

As regards the refusal of the Chinese Govern-

-ment to accept liability under the Working Agreement for the period from 13th. November to 13th. December on the plea that no notice of suspension was given by the Board of Communications beyond 12th. November, I enclose copies of a telegram sent by Mr. Lindsey (Manager of the British Section) to Dr. Moore (Acting Engineer-in-Chief) on 11th. November and of the replies received from Lessrs. Hall (Chief Accountant) and Lui (Chinese Traffic

Manager) on the same day from which it will be seen that this

Government offered to resume through running on 12th. November

and that the offer was refused. I would also refer to the enclos-

-ed letter addressed to His Britannic Majesty's Consul-General at Canton by the Managing Director and the Acting Engineer-in-Chief

of the Chinese Section on 19th. December, 1911.

3.

I would furtner point out that under paragraph 39 of the Working Agreement "Each Government shall provide such

Railway Police as may be necessary for preserving order and enforc-

-ing the law in and upon the premises of, and in connection with

the business of its own Section. In the event of any disturbance

affecting the traffic of the Railway the Government on whose Section the disturbance occurs shall be responsible for all loss

(including loss of mails) incurred by the other Government etc.*

As regards the rejection by the länistry of

Communications of the claim of $20 per diem for late trains under

Article 22 of the Agreement, I would refer you to paragraphs 22

and following of the Memorandum by the late Mr. Lindsey dated

4.

2nd.

on