CO129-521-13 Chinese Customs- proposed agreement with Hong Kong 27-8-1930 - 16-10-1930 — Page 463

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ARTICLE XVI.

The costs of any legal proceedings instituted by the Hong Kong Government for the purposes of this Agreement, if not recovered from the defendant or by sale of the vessel or goods in question, shall be paid to the Hong Kong Government by the Chinese Maritime Customs.

ARTICLE XVII.

All costs of seizures of goods, livestock, or vessels, actually incurred by the Hong Kong Government under the terms of this Agreement on behalf of the Chinese Maritime Customs, shall be paid to the Hong Kong Government by the Chinese Maritime Customs.

ARTICLE XVIII.

All goods, livestock, or vessels, seized by the Hong Kong Government under the terms of this Agreement on behalf of the Chinese Maritime Customs, shall forthwith be transferred to the Chinese Maritime Customs for safe custody, to be held by the Chinese Maritime Customs at the disposal of the Hong Kong Government pending the decision of the case. As between the Hong Kong Government and the Chinese Maritime Customs, the cost of any loss or damage incurred during such period of safe custody shall be borne by the Chinese Maritime Customs.

ARTICLE XIX,

Nothing contained in this Agreement shall affect the right of the Hong Kong Govern- ment to make on its own account and behalf any seizure authorised by the law of the Colony and to detain and deal with any goods, livestock or vessels so seized as may be required or authorised by such law.

ARTICLE XX

The salaries of revenue officers specially engaged by the Hong Kong Government for whole time duty with the Chinese Maritime Customs, for the purpose of legalizing seizures made within Hong Kong territory on behalf of the Chinese Maritime Customs, shall be refunded by the Chinese Maritime Customs to the Hong Kong Government. Such revenue officers shall be entitled to share in the rewards, issued by the Chinese Maritime Customs, for seizures in the making of which they have assisted. Services performed by preventive officers of the Chinese Maritime Customs on behalf of the Hong Kong Government shall be paid for by the Hong Kong Government as shall be agreed upon mutually hereafter. Such preventive officers shall be entitled to share in the rewards issued by the Hong Kong Government for seizures in the making of which they have assisted.

ARTICLE XXI.

Both Governments agree to take the necessary steps to enforce the foregoing Articles by such ordinances, edicts, or regulations as may be appropriate to give them the force of law.

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ARTICLE XXII.

This Agreement shall remain in force for a period of ten years. It is subject to revision at any time by mutual agreement between the High Contracting Parties and unless denounced by either party six months before date of expiry it shall continue in force from year to year, until either party shall give six months' notice of its desire to terminate it. During the duration of this Agreement the Commissioner of Chinese Customs in Hong Kong shall continue to be British, and shall be a person acceptable to the Hong Kong Government.

ARTICLE XXIII,

This Agreement has been prepared in English and in Chinese. In the event of there being any difference of meaning between the English and the Chinese texts the sense as expressed in the English text shall be held to be the correct sense,

the

ARTICLE XXIV.

This Agreement shall come into force on the Done at

in quadruplicate (four copies in English and four copies in Chinese) being the

day of

moon of the

N.B. Since the above text was agreed upon, the Hongkong Executive Council has proposed the following amendments and has incorporated them in its Chinese version of the Agreement:-

(1) The preamble to Article V to read: "Steam or motor vessels, provided that they are registered for the purpose with the Chinese Maritime Customs, may trade between Hong Kong and non-open ports, subject to the following conditions

(2) The beginning of Article VI to read: "Junks and lighters, registered with the Chinese Maritime Customs, may be towed by steam or motor vessels registered with the Chinese Maritime Customs under Article V, and in that case.

(3) Article XI, clause (a) to read: "The Chinese Maritime Customs will take active steps to prevent the illicit entry into the Colony from China of opium, compounds of opium, extracts of opium, and other dangerous drugs, and of intoxicating liquors and tobacco, and of any other article which on importation into the Colony is subject to restriction or liable to import duty, and will co-operate

Besides the above changes the Hongkong Postal Authorities have proposed that clause (g) of Article V be deleted, or that, failing deletion, the clause be worded thus: "(g) Steam and motor vessels plying between Hong Kong and non-open ports under this Article shall carry mail matter to and from any Chinese Post Office at any port at which they call under the usual terms of remuneration paid for such services. This shall include those British vessels which are accorded under this Agreement the privilege of plying in inland waters in the Canton Delta."

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