CO129-604-4 Immigration- control over entry from China 7-3-1947 - 5-11-1947 — Page 10

10

in

later

than the Proclamation since:-

(a) it grants a right only to those coming to

purchase goods, and

(b) it requires that those who come in ships

shall obtain a pass for the ship from the Chinese port of clearance. Article XVI requires a clearance pass from Hong Kong, but not apparently a British entry pass into Hong Kong.

The Treaty of Tientsin, 1858, abrogated the Supplementary Treaty of 1843 on the ground that the substance of its provisions had been incorporated in the former treaty. There is no express provision in the Treaty of Tientsin for the entry of Chinese nationals into Hong Kong, but there are two Articles XXI and XXIII which imply it. Article XI deals with 7 the surrender of criminals, subjects of China, who

"take refuge in Hong Kong"; while Article XXIII deals with the recovery of debts incurred by "natives of China who may repair to Hong Kong to trade". The conclusion must be that the Froclamation of 1841 was not revoked before 1858, and that the freedom of entry whic it gave had been relied on and enjoyed

by Chinese traders to the extent that it was not thought necessary to provide for it expressly at Tientsin. It might even be argued that the abrogation of the Supplem ntary Treaty of 1843 removed the legal restrictions on the entry of Chinese traders and their ships into Hong Kong, and that their right of entry, though not derived from the Proclamation as such, was established by the actual practice within the general terms of the Proclamation of allowing them freedom of entry between 1841 and 1858, this right being impliedly reco nised in the Treaty of Tientsin. If this freedom of entry has been in fact enjoyed ever

1842

# but it

do not serey "Chinese"

since/

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