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THE HONGKONG WEEKLY PRESS AND
A NEW POINT IN THE LAW OF another at given ports. Under such cir-
CONTRABAND.
Daily Press, 20th February. Although the defectiveness of so called international law with respect to the capture of contraband has of late been the subject of unch discussion, one bearing of the matter, and that one of practical importance, seems to have been generally overlooked. It is the very obvious fact that the conditions of shipping which existed when most of the accepted principles were laid down, have been completely altered by the changed nature of transport in modern times. What may have been a perfectly reasonable view in the time of sailing vessels or even in that of long voyage steamers alters its nature when applied in days when shipment to one port and transhipment thence to the ultimate destination is a matter of everyday occur
That some amendments upon the principles hitherto accepted is urgently called for by these changes has been fully shown by the extraordinary developments which have occurred of late and which, as we have pointed out from time to time, fully prove that the old rules are by no means adequate to
rence.
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meet the state of matters under the altered conditious of the present day. The weakest point of course is that there has never been any actual definition of what! constitutes contraband. This is manifest from the protest which was made by the United States Government against the decision of the local Prize Court with regard to the Arabia, which was referred to iu a case with respect to contraband in the Supreme Court here. The decision of the local Russian Prize Courts has since then been reversed at St. Petersburg, which is so far satisfactory, as it forms a recognition of the general principles set forth in the protest. It will be reineinbered that the United States Government refused to accept the principle "that telegraphic telephonic and railway materials are confiscable simply because destined to the open commercial ports of a belligerent, and pointed out that to deter- mine what constitutes contraband three elements have to be considered (1) warlike nature, (2) use, and (3) destination. This is undoubtedly the long accepted principle; but the difficulty arises in its applica- tion. It is impossible to prove negative; and it is, therefore, open to a belligerent who may not be too scrupulous, to seize as contraband everything that may in any way be used in a war, unless it can be shown that by no possibility can it come into the hands of an enemy. The second and third elements, namely those of use aud destination have, therefore, to be adopted as the criterion; but on either basis, it is not always easy to come to a definite or satisfactory decision. As regards the ques- tion of use it has been justly pointed out that in the present day almost everything from wireless telegraphs to shce leather may be of essential use in a warlike cam- paign-and in respect to destination, the case unfortunately is not much clearer. To this point the Quarterly Review has recently directed attention. It upholds the principle strongly enunciated by Lord STOWELL that the destination of the vessel carrying the alleged contraband ought absolutely to govern the matter, and that the question of possible re-despatch, either by land or by water, ought not to be con- sidered. This principle, however sound in the old days of sailing vessels, can scarcely be upheld in its entirety in the present days where voyages are constantly made with trans shipment from one steamer to
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February52, 1905.] LT
How far this sentiment -..
has inspired President ROOSEVELT's recent action with regard to returning such a large portion of the Chinese indemnity we have
The, sentimental side of: yet to learn.
we
Bank, is supposed to be needed to repairand cumstances it cannot be denied that it is the deficit caused by the Chinese Governa vo stretching a point to say that the destinationment's undertaking to pay the foreignina is necessarily the port to which, in the first indemnities in gold; and there are symp-qur instance, the goods are consigned. This, as toms of a reactionary sentiment of syin. well as the question of use, must always be pathy with the Imperial debtor, the senti a matter of fact to be determined by a con-mentalists forgetting the nature of the sideration of all the circumstances of the circumstances which created the debt, and case and to be fairly and impartially decided altogether ignoring the long record of upon by the tribunal before whom the broken promises and evaded obligations matter is brought. No definitions or classi- that stands to the eternal discredit of ficutious, however carefully made, can be "honest John." sufficient in all cases to decide as to the use; and no general principle, however learnedly enunciated, can be relied upon to determine what in fact was the voyage which a given lot of goods was destined to Washington is but rarely evinced without a take. The onus of proof, however, that nucleu of self interest and shrewd business goods, not necessarily of a belligerent charac-policy concealed somewhere within it. If ter, are destined as of course for belligerent it be tinctured at all with the idea that purposes, clearly lies upon those who claim China is being unduly oppressed by her to make the capture. In the case of the creditors, it is a great mistake. If the " Arabia the cargo was composel of_railway | truth, the whole truth, were known, it would- . material and flour destined to Japanese be seen that Peking could have paid these ports and addressed to different commercial debts without this latest loan. That of houses in Japan. Such goods might be course would have needed more honest commerce-administration, and greater warranty for: for ordinary purposes of
even be a sale the untruthful ndage that attributes to the among which would of them to persons who might afterwards Chinaman a commercial honesty transcending forward them to the seat of war-aud to all others. The Express-Dowager's edicts make them contraband, on the principle of forbidding the spending of money on birth- their destination, it would be necessary at day celebrations in her honour sounded very least to prove that they were sent out direct well, indeed; but if their sincerity be ly with the object of being forwarded to the gauged by what actually occurred, we can. enemy; in fulfilme t, for instance, of a con- not think very highly of her protests; may believe repeated tract to that effect. Upon Lor | STOWELL's There was, if
reports from Peking, a more than usually principle the bare destination would be a sufficient answer; but, even upon a more scandalous waste of money in connection with the birth lay of that old woman, whose extended view, that is, oue more in actor- dance with the shipping and transport con- position of power with regard to the vital ditions of the present day, it must at the affairs of the largest community on earth is a source of wonder and regret to all who least be proved that the goods are destined
are able to view affairs without taking the to aid in the war; aud this cannot, upon
The recognised principles of evidence, be as things that are as a matter of course. euued as a fact, merely because it is possi. wasteful progress of the Imperial likeness. · ble or even lively,
from Peking to St. Louis 18 still remem- bered, with as much regret as amusement. The leakage of national funds in the one- small corner allotted to the sick eunuch, the miserable creature whose only use in the world is to toady to bls Imperial mistress’a vanity and perverted affection, is another ifein worthy the attention of the sympathetic. It is useless perhaps to mention the enormous sum recently was'el in fireworks. Even more enlightened peoples share the bar- barous delight in mere uoise, however much it costs to produce; but, the fact that this extravagance is imposed on the very poorest ou of HAN must qualify the reflections on the distressing poverty of this strange Chinese theory of the scrupulous honesty gains strength at China New Year, the popular impression being that the Celestial starts each year and free of all debt. We see squire him going round wi h a paper lantern look. * ing for his debtors, and imagine some resemblance to the classical DIOGENES Who also used a lantern in his hopeless search The DIOGENES Of for an honest man. to-day might find room for cynicism in the admitted fact that the lantern carrying Chinaman is looking for his debtors, not for his creditors. It seems to indicate fliat the honest debtor is a rather shy bird,to need so much stalking. It is also quite certain that the vaunted settling up at this seasou is fictitious, if not hypocritical. To pay his debts the debtor frequently incurs new ones, like the Russian national financier: The only real difference is, in the majority of cases, that creditor PAUL of 1904 is paid off by making PETER the creditor in 1905!~5, The Japanese have an almost identical o fashion of New Year settlements, and why y the Chinese should earn a reputation fo
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Something might probably be done by a conference such as has been suggested to place questions of this kind upon a more satisfactory footing; but too much cannot be anticipated from any general dealing with the subject. So much must in all cases depend upon the good faith of the nations who happen toe belligercut in their treat- ment of individual questions of capture that implicit reliance cannot he placed upon general understandings arr.ve lat during a time of peace, but which have to be acted
upon during war time, when passions rus high, and neither officials nor commanders are I kely to be ove scrupulous in their actions. Sull; the time has undoubtedly people. The come when some attempt should be made to re-assert the principles which are applicable | as to neutrals and as to captures in accor- dance with the conditions" which exist at the present day; and in one way Russia has to be thanked for doing good service towards such au enquiry, as she bas certainly given examples of every possible way in which the best established principles can be evaded.
THE HONEST CHINAMAN.
(Daily Press, 21st February.)
The old story of the immaculate houesty of the Chinaman in business matters, its con- pared with the legendary dishonesty of the commercial Japanese, never really ceases to be told, but lately, for some unexplained reason, it is experiencing a revival, and is cropping up in the world's press with a quite uncalled for emphasis. The popu- larity of the recent Chinese loan inay have had something to do with it. This loau, which led to quite a siege of the London branch of the Hongkong and Shanghai
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