Sessional_Paper_1884 — Page 196

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acquainted with the object of the legislation of 1866, the Secretary of State would not have approved of the employment of such a law for the protection of the Revenue of a Foreign State, when the said law was passed for a purpose totally different, and with the object of suppressing almost the worst kind of crime, namely, piracy. It is hardly necessary to state that it is not unlawful here, however immoral, for persons to smuggle from Hongkong, but if it is desirable to make it unlawful--and under the circumstances of the place perhaps it is-I respectfully submit that an enactment should be passed for that purpose, instead of using a law the penalties under which are necessarily most severe.

26. On the 6th September, 1877, Governor HENNESSY wrote to the Secretary of State, commenting on Sir ARTHUR KENNEDY's personal views of the Blockade question, and objecting to his suggestion of the rendition of smugglers, whilst repeating that he would prefer to enforce the provisions of Ordinance 6 of 1866, with the addition of a regulation that Cargo from Junks should not be unloaded in the Harbour without production of a clearance from the Chinese Customs to the Harbour Master.

27. On the 8th November, 1877, the Secretary of State replied that he could not agree to the suggestion that Junks without clearance papers should not be allowed to unload in the Harbour. Some negotiation seems to have gone on between the Governor and Sir BROOKE ROBERTSON, with a view to a settlement before His Excellency wrote that despatch of September to the Secretary of State. Sir BROOKE apparently suggested a modification of his former basis, but the principal change was that recom- mended by the Governor, namely, the driving away from the Harbour of all junks which had no clearance from the Chinese Authorities.

28. In March, 1878, I learned from a very reliable authority, connected with the Customs at Canton, that the Hoppo and Viceroy had suggested certain Rules and submitted them to the Governor through the Consul. There is apparently no record of them at the Colonial Secretary's Office, and I therefore submit them, as I believe they are important in the history of the question :-

"(1o) (Said to be now in existence since the present Hoppo came). That when

"a Cruiser examined a Junk's Cargo and Papers the Cruiser's Commander "should stamp them, and if so stamped, the Junk would be passed "without delay if met by another Cruiser unless the vessel had been at a (6 new port.

“(2o) That if contraband goods are found in a passenger ship, the goods *should be taken and the vessel allowed to go on, just as is done on the "Canton Steamers, that is, passengers' contraband luggage for which "the Junk is not responsible would be taken. (The Rule is to forfeit "Junk and Cargo)."

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(3) That the tariff should be published at Ch'éung-chau and Fat-tau Chau."

"(4°.) In case of an appeal in the event of seizure and punishment by the Hoppo, "a reference should be made to a party, Chinese, to be named by the

Viceroy, which is thus outside the Hoppo."

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29. The gentleman who supplied these rules to me stated that Governor HENNESSY would not assent to them, and he further added that the Hoppo said that "there never could be any objection to the publication of a tariff.”