CO129-531-15 Chinese customs- proposed agreement with Hong Kong 9-7-1931 - 17-1-1932 — Page 132

at vessels of 250 tons. In the case of Hong Kong

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and the Treaty Ports of China the type of vessel in

question would appear to be that covered by Articles 8,

9, 10 and 11 of the Agreement.

It is therefore propo sad

to amend the draft by inserting after the word "veasel"

in line 4 the words "if falling within the categories

described in Articles 8, 9, 10 and 11 above."

made.

3. A number of formal amendments have also been

The explanations of them are as follow:-

(1) As the Agreement will create international

obligations between the Government of China and the

Government of the United Kingdom in respect of Hong Kong

it must take the form of an inter-governmental agreement

and consequently be signed by persons fully authorised

by their respective Governments and not merely by

departmental heads. As, however, the Hong Kong

Government has no power to conolude Agreements with

foreign Governments the signature on the British side

must be authorised by His Majesty's Government in the

United Kingdom. The preamble of the draft as submitted

provides for signature by persons (presumably the

Governor of Hong Kong and the Inspector General of

Chinese Maritime Customs) duly authorised thereto by

the two Governmenta and is satisfactory from this point

of view. Since, however, the Hong Kong Government will

not formally be a party to the Agreement such phrases as

"the Hong Kong Government undertakes" which appeared

elsewhere in the draft are inappropriate, and suitable

amendments have been made where such phrases occurred,

that is in Articles 11, 12 and 23.

(2)