CO129-542-12 Smuggling from Hong Kong into China 21-1-1933 - 21-8-1933 — Page 77

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

77

view, no legal Treaty basis, but has hit erto, in view of

the complicated ciresaetences arising out of the Treaty

sosition, been acquiesced in by the British shipning CO2-

monies, trusting to the fairness of the Customs suthorities.

That the Customs have no legal Treaty rights to fine a Bri-

tish vessel or meretant without the intervention of the Rei-

tish authorities is, in my view end I should imagine

equally in yours ?

self-evident. loreover this view was

in fact accepted by Sir Robert Hert and embodied in the old

Joint Investigation Rules. Later, in the Lien-ing esse

at Chefoo in 1907, the irregularity of the Customs fining

℗ British ship under threat or withdrawing the privileges

enjoyed under the Annual Guarantee wes recognised and the

fine returned. But, as I observed above, the practice of

enforcing Quɛtoes fines by administrative action has for

wany years been tacitly sequiesced in. All this trouble hee

only arisen through what our shipnine people remrd as the

unréssonable application of the mrsatice during the mat two

years, and the arbitrary inflietion of excessive fines in

/ cases

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