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THE HONGKONG GOVERNMENT GAZETTE, 9TH OCTOBER, 1897.

837

No. 44.

Commercial.

FOREIGN OFFICE,

SIR,

July 28th, 1897.

With reference to my preceding Despatch in this series I have to request you to address a Note to the Belgian Government informing them, in the sense of the present Despatch, of the reasons which have decided Her Majesty's Government to give notice of termination of the Treaty of Commerce and Navigation of the 22nd of July, 1862.

The general stipulations of the Treaty in question, being based on the principle of most favoured nation treatment, are in accordance with the present views of Her Majesty's Government, but Article XV. is in the following terms :-

Article XV.

"Articles, the produce or manufacture of Belgium, shall not be subject in the British Colonies to "other or higher duties than those which are or may be imposed upon similar articles of British origin."

A stipulation to such effect is entirely unusual in Commercial Treaties. No record exists in the archives of this Department of the circumstances under which this Article was adopted, or of the reasons which induced Her Majesty's Government at the time to enter into an engagement of such a nature, and it would appear probable that the insertion of those words must have been due to over- sight, or to a want of adequate consideration of the exact consequences which would flow from them.

The Belgian Government are aware that for many years past the British self-governing Colonies have enjoyed complete Tariff autonomy; and that in all recent Commercial Treaties concluded by Great Britain it has been customary to insert an Article empowering the self-governing Colonies to adhere--or not,at will. No such Article is contained in the Anglo-Belgian Treaty of 1862, and the consequence is that certain of the British Colonies, which are all comprised within its operation, find themselves committed by Treaty to a Commercial Policy which is not in accordance with the views of the responsible Colonial Ministers, nor adequate to the requirements of the people.

Beyond this the provisions of Article XV. of the Treaty of 1862, quoted above, constitute a barrier against the internal fiscal arrangements of the British Empire, which is inconsistent with the close ties of commercial intercourse which subsist and should be consolidated between the Mother Country and the Colonies.

Under these circumstances Her Majesty's Government find themselves compelled to terminate a Treaty which is no longer compatible with the general interests of the British Empire. They are, however, anxious at once to commence negotiations for the conclusion of a new Treaty, from which the stipulations of Article XV. shall be excluded, and which, whilst containing a clause providing for the facultative adhesion of the British self-governing Colonies, shall in other respects be similar to the Treaty now denounced.

Her Majesty's Government feel confident that the Belgian Government will share their wish for the speedy conclusion of a new and mutually satisfactory Treaty, in the negotiation of which Her Majesty's Government will be happy to consider any suggestions for improved stipulations which may be suggested by the experience gained during the thirty five years continuance of the Treaty of 1862.

I ain, &c.,

The Honourable

Sir F. PLUNKETT, G.C.M.G.,

&c.,

&C.,

fc.

GOVERNMENT NOTIFICATION.--No. 424.

The following Returns of Deaths are published.

By Command,

SALISBURY.

Colonial Secretary's Office, Hongkong, 9th October, 1897.

J. H. STEWART LOCKHART,

Colonial Secretary.

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