Sessional_Paper_1948 — Page 172

SECRET

ANNEX

1. The Government of Hong Kong (hereinafter called "the Government") will submit to the Legislative Council of Hong Kong legislation the objects of which shall be to restrict the loading of goods intended to be exported to China as follows:-

(a) Loading of vessels of 200 net registered tons and upwards shall be restrict-

ed to any point within the Port of Victoria;

(b) Loading of vessels of less than 200 net registered tons shall be restricted to either the Junk Anchorage at West Point (being the Anchorage defined in Part I of Table S of the Regulations made under the Merchant Shipping Ordinance, 1899), such portion of the Yaumati Typhoon Shelter as the Har- bour Master of the said Colony may direct, or the Port of Taipo.

(c) Anything hereinbefore contained in this paragraph notwithstanding the Harbour Master in his discretion shall have the right to permit any vessel to load elsewhere in the waters of the Colony and in any case in which such permission is given by him he shall as soon as may be so inform the Customs and the Customs shall have the liberty in any such case by tally to check the loading of any goods in respect of which the exporter proposes to pay or has requested the assessment of Chinese Duty in Hong Kong.

2. The Chinese Maritime Customs (hereinafter called the "Customs") shall be at liberty to establish within the Colony of Hong Kong centres at which customs duty, (hereinafter called "Chinese Duty") which would, upon importation into China of any commodity, become payable to the Customs may be paid or assessed in advance in respect of commodities about to be exported to China. Payment or assessment of Chinese Duty at any centre so established shall be entirely at the option of the in- tended exporter of the goods concerned and the Customs will take every care to ensure that this fact is known to any such intended exporter. The Customs will supply any person so paying Chinese Duty in Hong Kong with such documents and will take such action within its own organisation as will ensure that the goods concerned are released with a minimum of delay upon arrival at their port of destination in China. The Customs will be at liberty to establish inspection centres as provided in this paragraph in such premises as it may be able to arrange adjacent to the Shelter and Anchorage mentioned in sub-paragraph (b) of paragraph 1, and at such centres and at such other centres as may be agreed to inspect goods in respect of which the exporter proposes to pay or has requested the assessment of Chinese Duty in Hong Kong. The Customs shall be at liberty to maintain, for the purpose only of checking the loading of goods in respect of which Chinese Duty has been paid or assessed in Hong Kong, a staff of checkers at the Shelter and Anchorage aforesaid, which shall not, without the prior permission in writing of His Excellency the Governor, Hong Kong, exceed a total of 40 persons together with a reasonable number of foremen as may be approved by His Excellency, the Governor of Hong Kong. In addition the Customs may maintain, for the purpose of checking loading into vessels of 200 nett registered tons and upwards of goods in respect of which the Chinese Duty has been paid, or assessed in Hong Kong, such reasonable number of checkers and foremen as may be approved by His Excel- lency, the Governor of Hong Kong. Checkers and foremen will be at liberty to go on board any vessel where necessary for the purpose aforesaid but their duties shall be in the nature of tallying only and shall be carried out in such manner as not to inter- fere with or hinder the loading of cargo; and more detailed examination must be made in the Customs' centres when duty is being assessed. Every person engaged in check- ing cargo on behalf of the Customs shall be provided with an identification card to which shall be annexed his photograph, such card to be authenticated by the signature of the local Commissioner of Customs or his Deputy. Nothing in this agreement shall be construed as authorizing any officer or other employee of the Customs to enter upon any private premises without the consent of the owner thereof.

3. The Government will instruct the Harbour Master to assist the Customs as far as possible by refusing clearance of vessels from Hong Kong for any port in China