710645-1868-GOVERNMENT-NOTIFICATION-NO-135 — Page 1

THE HONGKONG GOVERNMENT GAZETTE, 5TH DECEMBER, 1868.

The removal of the compulsory clauses no doubt relieves the Chinese Government, as you observe, of some, if not all, of the responsibility it assumed in promulgating the Regulations of last year for the efficiency of the Pilotage Service, and the adequacy of the establishment maintained. It was in view of the advantage expected to result to shipowners and merchants alike, from this clear acceptance of responsibility on the part of the Government, that the compulsory clauses were adopted by myself and colleagues as a necessary means to the end, which it would be neither fair nor reasonable to refuse. If the Chinese Govern- ment was to be held responsible for the efficiency and adequacy of the Pilotage Service, it should have the powers necessary to meet the requirements of the ships entering and leaving each Port, without entailing a charge upon the Imperial Revenue. This presented no difficulty if Pilotage was made compulsory as a general rule, because the average number of Foreign ships could be easily calculated and, the rates being fixed, the amount such shipping would furnish as a fund for distribution could be estimated in advance. But to leave it free to ships to employ or dispense with the Pilots at their option, is to take away the one element of certainty in the whole calculation as regards the amount which could annually be counted upon for the remuneration of any establishment maintained, or the number of Pilots likely to be required. It is quite evident that good men will not be induced to enter into such a service, and still less to remain in it, if they do not see some certainty of continuous employment with adequate remuneration. How far the law of supply and demand can be depended upon to meet all the requirements of the shipping on the one side and the Pilots on the other, remains to be seen. To me it appears open to considerable doubt, in a country so remote as China is from Europe, whence the class of Pilots required for Foreign ships must be imported. Experience alone can determine what is so confidently assumed by some and so seriously ques- tioned by others. The experience derived from European ports is of very little value because the conditions are wholly different. In Europe the large maritime populations which man the fleets of each country are always at hand and on the spot to meet any demands for Pilots in their own ports. supply has to be drawn from casual sources fourteen thousand miles from the fountain head, and even with In China the this preponderating advantage in favour of a constant and adequate supply, most systems of maritime law in Europe have made the employment of Pilots compulsory, and even at the present time in Great Britain where the general tendency of recent legislation has been opposed to all compulsion, Pilotage is with certain qualifications compulsory on Foreign going vessels-at Falmouth, Liverpool, Glasgow, Bristol, in the Southern Channels of the Thaures, as in many other ports. If this system still be maintained therefore by legal enactment in Great Britain, as in other Western Countries, the presumption is that it is found needful in the interests of commerce and cannot wisely be dispensed with. And the complete failure of all voluntary systems for the organization of an efficient Pilotage Service in China during the past twenty years goes far to confirm the.conclusion that has been and may still be needful here.

The Chamber of Commerce at Shanghai, however, and others directly concerned in the shipping interests, having strongly protested against the adoption of the original rules, I think with my colleagues and yourself that the Yamên do wisely to drop the compulsory clauses and try the experiment whether, having now by their aid laid the foundation of a well organized service under responsible control and supervision, they may not continue it under less stringent conditions. The rules are provisional and can

at any time be modified to bring them in harmony with the lessons of experience and with this proviso no serious consequences can follow should they not prove perfectly satisfactory in the working. For this reason especially I have not objected to the clause giving power to limit the number of Pilots, because as this power is vested not in the Harbour Master alone, but in him in consultation with the Consuls and Chambers of Commerce, it is not to be assumed that they will exercise it in any way contrary to the general interests. Inasmuch, however, as it militates against any fair trial of the sufficiency of the law of supply and demand - to provide for all requirements, I think it is desirable that its exercise should be avoided as far as possible without compromising the success of the whole system of pilotage. I am quite aware that great mischief and practical inconvenience has resulted at some of the Treaty Ports by an unlimited licensing of Pilots far beyond the proper wants of the place, the consequence of which was that none but the least capable and trustworthy men found it worth their while to remain, and the most efficient candidates for such employ- ment were driven away from the absence of sufficient inducement to remain. The same result must be looked for wherever similar conditions are reproduced and therefore it seems essential that a discretionary power of limitation should be lodged somewhere. Nor can it be confided I think to better hands than where it is now placed.

The article as to gratuitous examination continues unmodified, as I understand, because due provision is made administratively for the proper remuneration of the examining board, and the word gratuitous applies to the candidates and not to the examiners.

According to the view of the advocates of a system which avoids all compulsory pilotage, the object of Pilotage Laws and Regulations should be to ascertain that the Pilots to whom Licences are granted are competent, to deprive them of their Licences if incompetent, to fix the rates of Pilotage and to provide that whenever Pilots are required Licensed Pilots shall be employed in preference to unlicensed persons.

In this view the Pilotage authority simply undertakes to see the service is a competent one in regard to knowledge and other qualifications in those licensed. It does not interfere with the law of supply and demand and it leaves the Trade free to employ pilots or not according to their wants if they are to be found, be the difference of

and I am assured on the authority of the Board of Trade in London that whatever ma extent are desirable

opinion on other points there is no question whatever but that Regulations going to

if not necessary in every large port the approach to which calls for knowledge of the local navigation.

The Regulations in their present form are, I conceive, well adapted to secure these objects; and I have accordingly had no hesitation in accepting them and instructing H. M.'s Consuls, as you request, to give an effective support to the Harbour Masters in the performance of their duties in all matters connected with the Pilotage and preservation of order among the shipping in Port. I have &c.,

R. HART, Esq.,

&c.,

&c.,

&c.

(Signed,)

RUTHERFORD ALCOCK.

485

No. 135.

GOVERNMENT NOTIFICATION.

An INDEX and TITLE-PACE to the Hongkong Government Gazette for 1868 will be issued shortly after the end of the present Month. By Command,

Colonial Secretary's Office, Hongkong, 5th December, 1868.

J. GARDINER AUSTIN,

Colonial Secretary.

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