CO129-531-15 Chinese customs- proposed agreement with Hong Kong 9-7-1931 - 17-1-1932 — Page 88

In

any

further communication

on this subject, please quote

No. F 7183737/10.

and address-

not to any person by name,

but to-

The Under-Secretary of State,''

Foreign Office,

London, S.W.1.

Sir,

CIVED

A. 031

88

6

FOREIGN OFFICE.

S.W.1.

19th January, 1931.

With reference to the inter-Departmental

discussion at the Colonial Office on the 8th January on the

subject of the proposed Hongkong-China Customs Agreement, I am

directed by Mr. Secretary Henderson to inform you that the

wording of Article 12 (d) has been the subject of further

consultation between representatives of this Department and of

the Board of Trade.

2. It seems unreasonable that the Hongkong authorities,

acting on behalf of the Chinese Customs, should have power to

seize large ocean-going vessels on the ground that some salt

may have been secreted on part of the vessel by a member of

the crew or even by a passenger. The general international

practice is to confine powers of seizure to the type of small

craft on which, if smuggling takes place, it is likely to be

with the cognisance of the master or owner or owner-master.

example in England, by virtue of Section 1 of the Customs Act,

1890, the dividing line is drawn at vessels of two hundred and

fifty tons. In the case of Hongkong 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.

For

3. It would therefore appear that the Article in question

should be amended by the addition after the words "if any vessel"

of the words "falling within the categories described in

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

I am,

Sir,

The Under Secretary of State,

Colonial Office.

Your obedient Servant,

Caw Orde