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(b) by the addition of the following paragraph at the end thereof :-
If the intended voyage is to any port in China which has not been opened at any time to foreign trade the Harbour Master may, at his absolute discretion, refuse to furnish a port clearance.
Objects and Reasons.
1. Article XLVII of the Treaty of Tientsin (1858) pro- vided that "British merchant vessels are not entitled to resort to other than the Ports of Trade declared open by this Treaty. They are not unlawfully to enter other Ports in China or to carry on clandestine Trade along the coast thereof. Any vessel violating this provision shall, with her cargo, be subject to confiscation by the Chinese Government".
2. Various ports were opened to foreign trade by that Treaty, some had been opened before by the Treaty of Nan- king, and others have been opened since.
3. The Treaty provisions do not appear to have been implemented by specific provisions in the Merchant Shipping Act or Ordinance, possibly because the liability to confisca- tion by the Chinese Government was in itself considered a sufficient deterrent.
4. Now however that the movements of the Chinese Customs preventive service are restricted by hostilities in the waters of the coast of China near the Colony the amendments to section 22 (6) of the Merchant Shipping Ordinance, 1899, seem called for if the Treaty provisions are to be made effective.
5. By Article XXVI of the Royal Instructions, Bills relating to Treaty obligations or affecting Trade or shipping require either a clause suspending their operation until the signification of the Royal pleasure thereon or prior submission of the Bill for Royal instructions through the Secretary of State. The latter alternative was adopted in this case and His Majesty's instructions for the introduction of the Bill to the Legislative Council have been received.
January, 1940.
C. G. ALABASTER,
Attorney General.
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