CO129-517-2 Correspondence on proposed Chinese and Hong Kong agreements over Customs 13-11-1929 - 28-12-1929 — Page 41

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(f) Every trading junk on entering and on clearing at an anchorage in the Colony of Hong Kong shall have its licence book and also its Chinese Maritime Customs pass book endorsed and dated by the proper Hong Kong authorities. The proper Hong Kong authorities shall satisfy them- selves, on each occasion when a trading junk enters an anchorage in the Colony, that such junk has reported at the proper Chinese Maritime Cus- toms station both on its voyage to the Colony and on its last voyage from the Colony.

or

(g) If any trading junk fails to produce its Chinese Maritime Customs pass book and proof of payment of Customs dues the proper Hong Kong authorities shall forthwith report the matter to the Commissioner of the Chinese Maritime Customs; and the proper Hong Kong authorities may seize such junk as security for the payment to the Chinese Maritime Customs of such dues as would be payable under the regulations of the Chinese Maritime Customs if the junk had been detained in similar cir- cumstances in Chinese waters. Failing payment of such dues the Hong Kong Government shall be entitled to recover them on behalf of the Chinese Maritime Customs by legal proceedings against the master owner, or against the junk. The master of any such junk shall also be liable upon conviction at the prosecution of the Hong Kong Government to a fine for failure to produce the Chinese Maritime Customs pass book of the junk or for failure to produce proof of payment of customs dues. (h) Every trading junk on entering or clearing at an anchorage in the Colony shall deposit with the proper Hong Kong authorities a manifest in dupli- cate, in English or Chinese, of all cargo carried. The proper Hong Kong authorities shall forthwith forward one copy of such manifest to the Com- missioner of Customs. Any person depositing a false manifest shall be liable to a fine and imprisonment at the prosecution of the Hong Kong Government.

(1) The existing scale of arms that may be carried by junks shall remain in force, subject to such modification as may from time to time be agreed upon between the Hong Kong Government and the Chinese Authorities. The proper authorities shall continue to exercise supervision over arms and certificates.

ARTICLE II.

For the better prevention of smuggling across the land frontier of the Colony the Hong Kong Government will select in consultation with the Commissioner of the Chinese Maritime Customs certain places of entry for goods or livestock. Whenever it is found that any goods or livestock have been brought across the land frontier of the Colony from China unaccompanied by proper Customs documents the Hong Kong Government may seize such goods or livestock as security for the payment of such dues as may be mutu- ally agreed upon. If such dues are not paid the Hong Kong Government shall be entitled to recover them on behalf of the Chinese Maritime Customs by proceedings against the owner or by sale of the goods or livestock.

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ARTICLE III.

No person in Hong Kong shall have dynamite or other explosives or sulphur or saltpetre in his possession except as provided by law and no person shall store such articles except under licence. Every licensee shall keep books in a prescribed form showing the quantity received under permit, and the amount used. All such books shall be open to inspection by the Hong Kong Government.

ARTICLE IV.

During the period of this Agreement the Hong Kong Government will allow the Chinese Maritime Customs to maintain for Customs purposes a head office and a sub-office or sub-offices at such place or places, and subject to such conditions, as may be approved by the Hong Kong Government, and will allow Chinese Maritime Customs revenue ves- sels to patrol in the waters of the Colony in accordance with arrangements mutually agreed upon between the Hong Kong Government and the Chinese Maritime Customs.

ARTICLE V.

Steam or motor vessels of any description, provided that they are registered for the purpose with the Chinese Maritime Customs, may trade between Hong Kong and non-open ports and vice versa, whether via a treaty port or not, subject to the following condi- tions :-

(a) The term "non-open port" shall include the places specified in the Sche- dule to this Agreement and any other places in Kwang Tung or Kwang Si which may be agreed upon between the Hong Kong Government and the Chinese Authorities.

(b) On each occasion of arrival at and departure from Hong Kong the mas- ter shall deposit his manifest in duplicate with the proper Hong Kong authorities who shall send one copy to the Commissioner of the Chinese Maritime Customs.

(c) Upon application by the master the Chinese Maritime Customs shall grant a special pass for each trip, which special pass shall specify the destina- tion of the vessel, the places at which it is proposed to call, and the Cus- toms stations to be called at on both the outward and the return voyages. The vessel must proceed direct to the first Customs station specified on the pass.

(d) All vessels proceeding to non-open ports under this Article must call at the Chinese Maritime Customs sub-office agreed upon by the Government of Hong Kong where cargo and baggage will be examined and hatches may be sealed after loading. Dues may be paid at the master's option at such sub-office or at the station specified on the pass.

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