322
FORESHORE RIGHTS IN CHINA.
Co
*
of
April 28, 1897. THE HONGKONG WEEKLY PRESS AND
“the last extremity, the Shanghai Com- THE LIGHT DUES QUESTION. "mittee feel that the precedent afforded by
The decision of Mr. CHAMBERLAIN ON There is printed as an appendix to the "the Chefoo case, if sanctioned by British
has now been last annual report of the China Association
authority, is in the highest degree dis- the light dues question has the correspondence respecting the foreshore dispute at Chefoo. The particular case in astrous and lamentable." The last docu- announced, and, as will be seen from the ment in the series is from the Foreign official correspondence published in another question has been settled, apparently to the Office to the China Association, dated column, it is substantially in favour of those who oppose the permanent increase satisfaction of the parties immediately con- 20th January last, in which it is stated that of the dues to two-and-a-half cents per ton. cerned, but, as the Association points out, the Tsungli Yamen had submitted a scheme the principle involved affects the position to Her Majesty's Minister on the 13th July It is to be regretted, however, that the of all foreign owners of water frontage pro- for the construction of a Government peri Secretary of State has not given a more perty in China, and it may therefore be and public bund under the control and decided answer on the question of principle. useful to give a summary of the correspon-management of the Imperial Maritime He directs that the total revenue raised dence that took place in connection with it. Customs Administration, which was accepted from shipping including junks is not to On the 14th May, 1896, the Shanghai on the distinct understanding that the exceed the harbour and lighthouse expen- Committee of the China Association tele- Chinese Government would be prepared to diture, which is so far satisfactory, as one graphed to the General Committee award compensation to any British subjects cent per ton will in that case suffice, but at British foreshore rights Chefoo ceded whose property might be injuriously affected the same time he says that in case Russia despite protest. Earnestly urge by the undertaking, and that in consequence necessity he would be prepared to consider protective action." Thereupon the Gen- of Sir CLAUDE's representations the Yamen a proposal for again raising the shipping eral Committee addressed the Foreign Ministers had promised to instruct Sir dues, as they have not borne very hardly on Office, and in the course of their letter ROBERT HART to enter into negotiations the Secretary of the P. & O. Company, says the shipping interest, But as Mr. JOSEPH, say, "It may be stated, they believe, with Messrs. FERGUSSON's legal advisers "without fear of contradiction, that Chinese and it was hoped no further complications in his letter, the fact of Hongkong's being "law and custom allow frontage-owners a would interfere with the carrying out of the a free port is undoubtedly the mainspring of the importance it has arrived at as a port of prior claim to accretions which unless proposed arrangement. "there be some valid objection to the
The foreign owners of water frontage pro-call and converging centre for the bulk of the "reclamation-they are permitted to fill perty at the various ports in China will no shipping visiting the Far Eastern Seas. Asa Chefoo free port Hongkong has achieved its greatness "in, and for which new title deeds doubt be put on the alert by the
and it is as a free port that it must maintain it "are given when they are prepared case and where; accretions occur which are
the extended to pay land tax on
or may be of importance to them will en- The Governor understands by a free port one in which no Customs dues are levied, Further on in their letter they deavour to protect their interests by secur say, after pointing out what they considering a valid title to the newly formed land. which is no doubt technically correct, but the serious consequences of the precedent In this they will be entitled to look for the Hongkong was started on a wider basis of that would be established if the Chinese support of their Government should the freedom and it is desirable that it should so claim to the foreshore in question were ad- Chinese authorities oppose them merely in continue. At the annual meeting of the mitted, that "
civil law in China may not a spirit of obstruction and without adequate local branch of the China Association Mr. be defined witly the precision to which cause. Under English law, although the GRANVILLE SHARP contended that the in- Europeans are accustomed; but there do owner of water frontage property is not tention at the establishment of the colony exist certain customs and conceptions of as of right entitled to any land that was simply that the port should be free from Customs dues, not from harbour dues, equity and the Committee feel assured may form between his lot and "that what is indicated as having occurred water, it is usually only in case but in this he was incorrect, the words of Chefoo would appear inequitable in the new ground is required for public Sir HENRY POTTINGER's proclamation being "that no manner of customs, port dues, or the eyes of both official and lay Chinese." improvements that he is deprived of his
** after
any other charges shall be levied. On the 14th September the Shanghai Com-right of way over it, and then only:
on any ships or vessels of whatever nation mittee reported with regret that there. had adequate compensation. In the Chefoo case
or sailing under whatever flag.” It is been fresh developments in the matter and the land in question was originally disposed that it appeared the principles laid down of by the Chinese to a Russian firm without much to be regretted that there should be by Her Majesty's Minister at Peking, were any reference to a scheme of general im- any retrogression whatever from the en- shortly these:
provement, and it would seem that it was lightened policy of fifty-five years ago. It only under pressure from the British is easy to say that a few cents a ton is not Government that they undertook to con- much, that no ships are kept away, and struct a Government pier and public bund. so on; in fact trifling with principles Without such undertaking presumably is always easy, whether in politics, or busi- Lord SALISBURY would not have assentedness, or morals, but it opens the gate of to Messrs. FERGUSSON & Co. being deprived road to ruin. The absolute freedom of
area.
the
F
14
of their water frontage. Probably, there- port should be advocated by all whe
That all accretions to land held under title deed belong to the Chinese Gov- ernment, but cannot be disposed of without the recognition of the right of pre-emption possessed by the holder of the property to which the accretions form a boundary. That the Chinese Government cannot before, the native authorities will not again compelled to dispose of the property to try the experiment of disposing to A of the the holder of the right of pre-emption. foreshore of B's property; but B would do That if they disregard the obligation ex- well to bear in mind that any accretions pressed in No. 1, they are liable to that may have occurred do not belong to make good the damage suffered. him by virtue of the title deeds of his Fergusson and Company, having been original holding and that if he wishes denied the right of pre-emption, are to exercise proprietary rights over such entitled to compensation, which will be accretions he must take the necessary steps to acquire such rights. On the whole The
British property owners in China will not applicable to the case at the time it was their water frontages are recognised as being pending. They are the principles of British only the same as the rights of the owners of
exacted.
principles embodied in the above are
J
are
interested in the welfare of Hongkong, for if once it be admitted that shipping may be taxed to make up deficiencies in the general revenue there would be a danger of the burdens being gradually increased until they became insupportable and drove vessels away. Property owners, in whose supposed interests it was intended to make the Gap Rock light dues permanent, fondly imagine that it is they who pay the municipal rates and that if the latter were increased it if they were reduced they would be able to charge so much more in the way of rent. Hence their anxiety.
atantially those advanced in this column have much-to complain of if their rights to would be so much out of their pocket while
A Cry moderly situated property in
Great Britain. the burden of throw
as much of
statement that Chinese law on the subject is based on opposite principles appears to be
On the last homeward royage of the M. M. unsupported by anything in the way of steamer Natal, we learn from the Courrier d'Haiphong, two deaths occurred. One was direct proof and to rest simply on vague that of a lady passenger, Madame de Balmann, supposition. The Shanghai Committee, how-wife of an employé of the Banque de l' Indo. ever, were dissatisfied with the principles Chine at Saigon. Madame de Balmann died on above laid down, and in their letter to the the 1st March in giving birth to a child, which General Committee they enclosed
to Sir Saigon by a later mail to join his wife in munication
France. A subscription was raised amongst CLAUDE" MacDonald which they say that "Having regard to the passengers to defray the expenses of Madame de Balmann's funeral, which took other places besides place at Port Said. The other death that “Chefoo, and to the determination of occurred during the passage was that of one of
British residents to defend these rights to the butchers on board.
But
shipping. owners. pay the
on.
as they can on idea that property which, we note, - held also by H.E. the Governor, is quite a fallacy, which a perusal of almost any work political economy would dispel. The rates are paid by the tenants in fact as routine that they are collected through the landlords, and the raising or lowering the rates would make no difference to the ultimate return obtained by the landlord from his property. The landlords, therefore, may be left out of the question. As to the
they had was
still-born. Her husband was to have left well as by Ordinance; it is a mere matter of
foreshore rights « 07
in
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