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CORRESPONDENCE RESPECTING THE REGISTRATION OF COLONIAL VESSELS AT HONG KONG.




Presented to both Houses of Parliament by Command of Her Majesty.
1857 .




LONDON :
PRINTED BY HARRISON AND SONS .
112
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LIST OF PAPERS .




No. Page
1. Governor Sir J. Bowring to Sir G. Grey March 9, 1855 1

2. Lieutenant -Governor Caine to Sir G. Grey March 10, 1

Inclosure
Ordinance, dated March 3, 1856 .. 2
3. Mr. Booth to Mr. Merivale .. June 11 , 4




er
19
4. Lord J. Russell to Governor Sir J. Bowring June 22 , 5

5. Governor Sir J. Bowring to Lord J. Russell September 4, — 5
Inclosures
1. The Acting Attorney -General to the Colonial Secretary . August 29 , 6
2. Extract relating to the Working of Ordinance No. 4 of 1855 ,
from the Colonial Treasurer's Memorandum on Estimates, . 7
6. Mr. Booth to Mr. Merivale .. November 30, 7
7. Mr. Labouchere to Governor Sir J. Bowring December 12 , 8

8. Sir J. Bowring to the Earl of Clarendon November 22 , 8

Inclosures
1. Acting Vice - Consul Morrison to Sir J. Bowring . November 15, 8
:

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2. Sir J. Bowring to Commissioner Yeh November 21 , 9
:




9. The Earl of Clarendon to Sir J. Bowring March 22 , 1856 10
:




10. Governor Sir J. Bowring to Mr. Labouchere June 5, 10
Inclosure
Ordinance, dated May 29, 1856 .. 11
:




11. Mr. Farrer to Mr. Merivale.. August 20 , 12
:




:




12. Mr. Labouchere to Governor Sir J. Bowring August 27 , 12
:




:
 Correspondence respecting the Registration of Colonial
Vessels at Hong Kong.



No. 1 .

Governor Sir J. Bowring to Sir G. Grey.
Sir, Hong Kong, March 9, 1855 .
THE Lieutenant-Governor will in the due order of correspondence send
you an Ordinance No. 4 of 1855, for the regulation of registers granted in the
Colony for vessels under the British flag .
The question presents grave difficulties; a vessel no sooner obtains a register
than she escapes Colonial jurisdiction ; carries on her trade within the waters of
China ; engages probably in every sort of fraudulent dealings, and may never
appear again to render any account of her proceedings, or to be made responsible
for her illegal acts.
The Imperial Act which now regulates the conditions upon which registers
are to be granted, affords in these regions no adequate security against the
unlawful use of the British flag, and the object of the Ordinance is, as far as
possible, to provide such local guarantees as appeared compatible with the general
regulation of Parliamentary authority , and are necessitated by the peculiar
condition of public affairs in China.
I take the liberty of forwarding this short explanation on a matter in which
my functions as Superintendent of British Trade in China required special atten
tion to the subject from the Governor and Legislative Council of Hong Kong.
I have, &c .
(Signed) JOHN BOWRING .




No. 2.

Lieutenant-Governor Caine to Sir G. Grey.
Sir, Victoria, Hong Kong, March 10, 1855 .
I HAVE the honour to forward the usual number of copies of Ordinance
No. 4 of 1855 , entitled “ An Ordinance to establish a proper system of Regis
tration for Colonial Vessels."
His Excellency Sir John Bowring, who presided over the Legislative
Council while this Ordinance was discussed and passed, has already written a
despatch in explanation.
I have, &c.
( Signed ) W. CAINE .




[ 120 ] B 2
1
 2


Inclosure in No. 2 .

Ordinance.

HONG KONG .
ANNO DECIMO OCTAVO VICTORIE REGINA .
No. 4 of 1855 .

By his Excellency Sir John Bowring, Knight, LL.D. , Governor and Commander
in -chief of the Colony of Hong Kong and its dependencies, and Vice
Admiral of the same, Her Majesty's Plenipotentiary and Chief Superin
tendent of the Trade of British subjects in China, with the advice of the
Legislative Council of Hong Kong.
Title . An Ordinance to establish a proper system of Registration for Colonial Vessels.
[March 3, 1855. ]
Preamble . WHEREAS many illegal acts have resulted from the improper use of
registers granted at Hong Kong under the provisions of the Imperial Acts to
vessels employed solely in trading with the mainland of China, and it is neces
sary that legal trading should be protected and illegal trading prevented :
No British vessel I. Be it therefore enacted and ordained by his Excellency the Governor of
without either an Hong Kong, with the advice of the Legislative Council thereof, that from and
ImperialorColonial
register to use the
after the passing of this Ordinance no ship or vessel whatsoever owned by a
waters of this British subject, shall be at liberty to trade in any of the harbours of this Colony,
Colony. unless, in the case of an outward trading ship or vessel, she be provided with a
certificate of registry in conformity with the Imperial Acts of Parliament on that
behalf; and in the case of a China trading ship or vessel she has in all respects
complied with the requirements of this Ordinance.
Declarations neces- II. And be it further enacted and ordained, that henceforward when any
sary for obtaining person or persons shall be desirous of obtaining a register for a ship or vessel in
register.
this Colony, it shall be necessary for such person or persons to forward to the
Colonial Secretary a declaration, in writing, stating whether the ship or vessel
for which such register is sought, is intended to be employed solely in trade with
China, or on more distant voyages, and that according to such statement a
register shall be granted to such ship or vessel, either an Imperial register, as
prescribed by the Imperial Acts in that behalf, or a Colonial register, as laid
down in this Ordinance : Provided always, that should such declaration be false,
or the ship or vessel to which it relates not be employed in conformity with it,
the register thereby obtained, whether Imperial or Colonial, shall ipso facto
become null and void.
Documents neces
III. And be it further enacted and ordained, that a Colonial register shall
sary previous to be given under the hand of the Governor, Lieutenant-Governor, or officer
grant of Colonial
register. administering the government of this Colony, on production of the following
documents :
The harbour-master's certificate, as hereinafter provided by section VII .
A declaration of ownership, with proof thereof to the satisfaction of the
Colonial Secretary .
A joint and several bond of the owner, and two sureties binding each and
every of the several obligees under a penal sum of one thousand dollars, to
comply with all the provisions of this Ordinance and with all the laws binding
on British
I
subjects with regard to trade with China.
Name of Colonial V. nd be it further enacted and ordained , that it shall not be lawful for
registered ship. the owner or owners of any Colonial registered ship or vessel to give her any
name other than that of her registry, and such owner or owners before such
ship or vessel shall after registry take in any cargo or leave this Colony, are
required to paint or cause to be painted in white oryellow letters, not less than
four inches long, her name upon some conspicuous part of her stern, in a distinct
and legible manner, and both in Roman and Chinese characters, and shall so
keep and preserve the same, upon pain on breach of the provisions of this
section, in addition to any other pains, and penalties, and forfeitures, in this
Ordinance contained, to a penalty not exceeding five hundred dollars.
 3

V. And be it further enacted and ordained, that the register of every Production of
register to
Colonial-master
Colonial registered ship or vessel shall be produced once at least every six harbour
months to the harbour-master, who shall endorse the date of such production every six months.
on such register, upon pain on failure of such production of the forfeiture of
such register, unless satisfactory cause for such non-production be shown to the
Colonial Secretary .
VI . And be it further enacted and ordained , that it shall be lawful for Chinese Crown
Chinese residents within this Colony to apply for and obtain Colonial registers, hold
lesseesColonial
entitled to
provided the person or persons applying as owners be registered lessees of registers.
Crown lands within this Colony, and that such owner or owners tender as
securities for the due performance by them of all the requirements of this Ordi
nance two other Crown lessees , and that such owners and such lessees be
severally reported by the Registrar-General to the satisfaction of the Colonial
Secretary to be each worth two thousand dollars in this Colony, and should such
owner or owners be member or members of any shop or partnership that the
seal ofowner
such shop or partnership be also affixed to the security to be given by
such .
VII. And be it further enacted and ordained , that the certificate to be Harbour-master's
granted by the harbour-master do specify the proper measurement of the ship certificate..
or vessel requiring a Colonialregister, and that such ship or vessel has proper
anchors and chains, canvas sails, her bottom sheathed with metal, and that her
master is a British subject or a person conversant with the English language .
VIII . And be it further enacted and ordained, that aa fee of twenty-five dollars Fees payable.
be paid on the granting of the harbour-master's certificate, and that on the issue
of every Colonial register a further fee of twenty - five dollars shall be paid to the
Colonial Secretary, and that these two sums shall include all charges necessary
for the issue of a Colonial register.
IX. And be it further enacted and ordained, that upon any change of Change of. owner
ownership in any Colonial ship or vessel registered under this Ordinance , such or master.
change as aforesaid shall be indorsed upon her register, under the hand of the
Governor, Lieutenant-Governor, or officer administering the Government, upon
the paymentof a fee of twenty -five dollars to the Colonial Secretary, the requisite
declaration of ownership and bond hereinbefore in this Ordinance mentioned and
directed being first duly made and executed : Provided always, that any change
of master be indorsed upon the Register by the Colonial Secretary, and that a
fee of five dollars be charged for the said indorsement.
X. And be it further enacted and ordained , that any Colonial register Duration of Colo
granted under this Ordinance shall be in force and effect for one year from the nial register.
date of such register and no longer, and that such register be renewable by
endorsement on the same, under the hand of the Governor, Lieutenant-Governor,
or officer administering the Government, on the payment of a fee of ten dollars :
Provided always, that such register be deposited in the ottice of the Colonial
Secretary one week before the expiration of the year for which the register has
been granted, or if the registered ship or vessel be at sea, then on her return to
the waters of the Colony.
XI. And be it further enacted and ordained, that any infringement of the Penalty for viola
provisions of this Ordinance shall render the Colonial register ipso facto void, tion of Ordinance.
and shall render the ship or vessel sailing under such register forfeit to the
Crown, in addition to the penalty of the bonds hereinbefore set forth.
XII. And be it further enacted and ordained , that all fees payable or Application of fees.
penalties imposed under this Ordinance shall be paid into the Colonial Treasury,
and shall be recoverable in a summary manner before any magistrate or Justice
of the Peace .
XIII . And be it further enacted and ordained, that nothing in this Ordi. boats
Registration of
not interfered
nance contained shall be held to annul or interfere with the registration of boats with.
as established under Ordinance No. 7 of 1846.
( Signed ) JOHN BOWRING.
Passed the Legislative Council of Hong Kong, this 3rd day of March, 1855.
(Signed) L. D'ALMADA E Castro ,
Clerk of Councils.
 4



No. 3.


Mr. Booth to Mr. Merivale .

Office of Committee of Privy Council for Trade,
Sir , Whitehall, June 11, 1855.
I AM directed by the Lords of the Committee of Privy Council for Trade
to acknowledge the receipt of your letter of the 30th May, transmitting, for the
consideration of this Board, an Ordinance of the Legislature of Hong Kong,
(6
entitled “ An Ordinance to establish a proper system of Registration for Colonial
vessels,” and, in reply, I am to request you to point out to Lord John Russell
that the Ordinance in question provides for the granting of two kinds of
registers of vessels, the one called an Imperial register, and the other a Colonial
register.
It provides (section 2) that any person desirous of obtaining a register for
a vessel in the Colony must forward to the Colonial Secretary a declaration in
writing stating whether the vessel in question is intended to be employed solely
in trade with China, or on more distant voyages, and that according to such
statement a register should be granted to such vessel, either an Imperial register
as prescribed by the Imperial Acts , or a Colonial register as laid down in the
present Ordinance.
It then enacts (in section 6) that Chinese residents within the Colony may
obtain Colonial registers, provided the persons applying as owners be registered
lessees of Crown lands within the Colony, and that such owners tender as
securities for the due performance by them of all the requirements of the
Ordinance, two other Crown lessees.
There is nothing in the Act providing that the Chinese residents to whom
Colonial registers may be granted should be British subjects, nor are any local
limits assigned within which the register is to be in force ; and if it be intended
that the grant of a Colonial register shall confer on the vessel the rights and
privileges attaching to a British vessel, it appears to my Lords extremely
questionable whether this depaature from the Merchant Shipping Act ( 17 & 18
Vict. cap. 104), according to which British ownership is an essential condition
(and , in fact, the only condition) of British registry, should be sanctioned by
Her Majesty .
It alsoappears to my Lords deserving of consideration whether, looking to
the effect of registry on the titles to ships,it is desirable to apply to sea -going
Colonial ships owned by British subjects a system of registry different from that
which is provided for in the Imperial Act.
I am , however, to point out to you that by section 547 of the Imperial Act,
theLegislative authority ofany British Possession is empowered by any Act or
Ordinance, confirmed by Her Majesty in Council, to repeal wholly or in part
any provisions of that Act relating to ships registered in such Possession, but
no such Act or Ordinance is to take effect until such approval has been
proclaimed in the Possession , or until such time thereafter as may be fixed by
the Act or Ordinance for the purpose.
The Ordinance in question does not appear to have been passed in exercise
of the power given by the clause of the Imperial Act just cited, and unless it
should appear to Lord John Russell that there are any special circumstances
such as to justify the departure from the policy of the Imperial Act as to ownership
in the case of vessels registered at Hong Kong, it appears to my Lords that Her
Majesty's approval cannot properly be given to the present Ordinance.
I have, &c.
( Signed ) JAMES BOOTH .
 5

No. 4.

Lord J. Russell to Governor Sir J. Bowring.
Sir, Downing Street, June 22, 1855 .
HAVING referred the Ordinance passed by the Legislature of Hong Kong,
' to establish a proper system of Registration for Colonial Vessels,” for the
consideration of the Lords of the Committee of Privy Council for Trade, I
transmit,for your information , the copy of their Lordships' reply ;* and I have to
request that you will transmit to me any observations which you may have to
the objections entertained by their Lordships to some of the provisions
offer onOrdinance.
of this
I have, &c.
(Signed) J. RUSSELL.


No. 5 .

Governor Sir J. Bowring to Lord J. Russell.
My Lord, Victoria, Hong Kong, September 4, 1855 .
I THOUGHT it right to lay before the Acting Attorney -General, your
Lordship's despatch dated 22nd June, with its inclosure, on the subject
of Ordinance No. 4 of 1855, having reference to registers granted in this colony
to vessels bearing the British flag, and have now the honour to inclose
Mr. Bridge's observations on the subject-matter.
The necessity oflegislation was pressed irresistibly on my attention, not
only as Governor of Hong Kong , but as Chief Superintendent of British trade
in China, in consequence of multitudinous abuses which had grown up, and which
were aggravated by the disorganized state of China, and the confusion produced
by all those discordant elements in which I had been directed by Her Majesty's
Government to preserve a strict neutrality as between political belligerents,
while it was frequently impossible to distinguish the marauder and the pirate
from those who claimed to be rebels seeking only to overthrow the Manchou
Government. And the population of this colony, from its very nature and from
the universality of secret associations, could not fail of being engaged in partisan
ship likely to compromise the British name and the British flag. The difficulty
of deciding who is, and who ought, either by right or expediency, to be deemed
a British subject in a colony, a large part of whose population is constantly
shiiting, and in which we have been established only a few years, is aa difficulty
not only embarrassing as regards the right to claim the British flag, but which
presents itself in many other intricate shapes where Chinamen are concerned.
After much conversation with the Acting Attorney -General, and fully aware
of the great difficulties of legislation, I instructed him to prepare an Ordinance
in which , keeping distinctly in view the provisions of Acts of Parliament, he
would propose such measures as were likely to meet the most obvious local
requirements of the case. The Ordinance was elaborately discussed in the Legis
lative Council, and, with the full concurrence of the unofficial commercial
members, was unanimously passed ; and I am happy to say , its practical opera
tion has been undoubtedly beneficial, and I have no complaints of its enactments
except as regards the payment of fees for surveys to non -officials ; an evil I have
at present no means of remedying - the duty devolving on the harbour-master,
who professes his inability to discharge it.
In reference to the operation of this Ordinance, I beg to submit to your
Lordship’s consideration some observations which have been submitted to me by
the Colonial Treasurer, and which are well worthy of attention ; for while, on the
one hand, it is no doubt desirable that the privileges of hoisting the British flag
should not be conceded without proper securities, it is very desirable that
Chinamen settled in this colony should be able to appreciate the advantages of
their position in the substantial benefits it confers.
I have, &c.
(Signed ) JOHN BOWRING.


* No. 3.
 6


Inclosure 1 in No. 5 .

The Acting Attorney -General to the Colonial Secretary.
Sir, Hong Kong , August 29, 1855 .
e
I HAVE the honour to acknowledg the receipt of your communication
inclosing a despatch from the Secretary of State for the Colonies, on the
subject of Ordinance No. 4 of 1855.
Three defects are pointed out by the Home Authorities, in that Ordi
nance :

1. The granting of Registers to Chinese, not legally British subjects.
2. The absence of local limits within which the Register is to be in force.
3. The application of a system of registry to sea-going colonial ships,
different from that provided for in the Imperial Act .
On referring to the date of the Ordinance, which passed the 3rd of March,
1855, it will be observed that of Section 547 of the Merchant Shipping Act
1854, advantage could not be taken , as that Act did not come into force until 1st
May, 1855 .
I am glad to observe that the objections of the Committee of Trade are
made subject to the existence of special circumstances,justifying, in this instance ,
the departure of the Colonial Legislature from the Imperial policy ; for it was
only owing to extremely special circumstances, and to prevent abuses which
might lead to dangerous consequences, that this Ordinance was enacted .
The Colony of Ilong Kong, with a Chinese population exceeding, at the
present time, 60,000, hardly contains ten Chinese who can legally be called British
subjects, for it has not been deemed advisable to naturalize the Chinese here, and
the recent settlement of the Colony prevents the possibility of their having become
subjects by birth. The great proportion of the respectable part of this popula
tion have, however, constituted themselves bondi fide British subjects, by becoming
Crown tenants of leaseholds for long terms of years ( a tenure of which an alien
is incapable ), and by permanent settlement have evinced the clearest intention
of perfecting themselves, in the persons of their descendants, British subjects
secundum leges, as well as de facto. I, therefore, as Law Adviser to the Crown,
deemed it my duty to advise the granting of registers to such Chinese as had, by
becoming Crown tenants, so far as in them lay made themselves British subjects,
and whose discharge of the obligation taken upon them could be guaranteed by
other Crown tenants. But there had been serious complaints from the naval
Commander-in -chief, and from the Consular and Chinese Authorities, of the
abuse by small craft carrying the British flag, of the Treaty Regulations, and as
the prosperity of this Colony (so much increased of late) depends entirely, so far
as regards the native population , upon the coasting trade, which is carried on in
vessels ranging between 20 and 100 tons, it was deemed advisable by the Colonial
Government, that an Ordinance should be passed, which, in no way interfering
with the granting of Imperial registers to long sea -going ships, should yet facili
tate the obtaining of English papers of a certain description by Colonial craft,
and should also give the Colonial Government means which it could not possess
under an Imperial register, of punishing violations of the Treaty with China. It
was not thought necessary to fix the local limits within which the Colonial
register should run , because the character of the craft which require those
registers, and the objects of the local trade, l'ender it a matter of the utmost
improbability that a Colonial registered vessel could go anywhere else than along
the coast of China ; and as the Colonial register is obtained on the strength of a
declaration that the vessel is solely to be employed in trade with China, and a
falsifying of that declaration involves the penalties of the bond which accompanies
the Register, it was hardly deemed necessary to specify any geographical boun
daries.
It will be observed that the utmost care was taken not to interfere with any
provisions of the Imperial Act touching long sea-going ships, and as the property
in these Colonial registered vessels is vested almost entirely in Chinese (whose
affairs, made complex by the various ramifications of their peculiar partnerships,
and use of several names for the same individual , it would be almost impossible
to subject to the Imperial provisions for registry, as regards title to ships), the
 7

attention of the Colonial Legislature was not directed to this branch of the
ownership of ships: ; for the more our Chinese residents are left to their own
management of their commercial matters, the more they appear to prosper.
This Ordinance has now been in force for several months, withthe most
beneficial effects, and I most earnestly and respectfully deprecate any alteration
of it, as it is only those actually residing in this Colony, and practically acquainted
with its most peculiar population and their mode of conducting business, who can
be aware of its adaptation for existing exigencies.
Finally, I would again distinctly point out that this Ordinance in no way
interferes with the Imperial Act, but has solely a local application .
I have, &c.
(Signed) W. T. BRIDGES.


Inclosure 2 in No. 5 .

Extract relating to the Working of Ordinance No. 4 of 1855, from the Colonial
Treasurer's Memorandum on Estimates.

59. IF anything has been, and will be, pre -eminently beneficial to this
Colony, it is that very system of granting Colonial registers , particularly to
respectable Chinese settled here, or , as the Ordinance says, “ Chinese Crown
lessees entitled to hold Colonial registers , ” since it has already added to, and
still tends to increase, the coasting -trade in goods the manufacture of Great
Britain, or the produce of India, such as cotton, opium , &c.; and on the other
hand, brings tothis Colony more of the produce of China for export to Europe
and India, or transshipment to other parts of the coast of the Empire.
60. I do not know the laws respecting the granting of ships' registers to
Chinese in the Straits' Settlements and Java ; but I do know that vessels are
frequently arriving in this Colony under the British and Dutch flags, which are
the property of Chinese in Java, or one of the Straits' Settlements ; and only
yesterday, two fine lorchas passed through this harbour under the Portuguese
flag, the owner of which, as also of a square-rigged vessel, is a Chinese at
Macao.


No. 6 ..




Mr. Booth to Mr. Merivale..
Office of Committeeof Privy Council for Trade,
Sir, Whitehall, November 30, 1855.
I AM directed by the Lords of the Committee of Privy Council for Trade
to state to you, forthe information of Her Majesty's Secretary of State for the
Colonies, that my Lords, having had under their consideration the despatch of
the Governor of Hong Kong, and the report of the Attorney-General of that
Colony, transmitted in your letter of the 23rd instant, on the subject of the
Ordinance passed by the Legislature of that Colony, No. 4 of 1855, “ to establish
a proper system of registration for colonial vessels ,” are of opinion that, in the
peculiar circumstances of the Colony of Hong Kong, the Ordinance may properly
be left to its operation.
I am at the same time to suggest, for the consideration of Mr. Secretary
Labouchere, whether, as some doubts may be entertained as to the lawfulness of
the use of the British flag in vessels registered in the name of Chinese residents,
as provided by the Ordinance , it might not be desirable that an Ordinance
should be passed, under the authority of section 547 of the Imperial Act,
declaring that, notwithstanding anything in the Imperial Act, the vessels in
question, if possessing a Colonial register, and whilst being navigated within the
proposed limits, should be entitled to use the British flag.
I have, &c.
( Signed ) JAMES BOOTH .



с
 8


No. 7.

Mr. Labouchere to Governor Sir J. Bowring.
Sir, Downing Street , December 12, 1855.
I HAVE to acknowledge your despatch of the 4th September on
the subject of the Ordinance passed by the Legislature of Hong Kong, No. 4
of 1855, “ to establish a proper system of registration for Colonial vessels.'
Her Majesty's Government having considered your observations and the
report of the Attorney -General of the Colony, are of opinion that in the peculiar
circumstances of Hong Kong, the Ordinance may properly be left to its opera
tion, and I have accordingly to convey to you Her Majesty's confirmation of the
Ordinance in question.
I inclose, however, for your information and guidance an extract of a letter
*
from the Lords of the Committee of Privy Council for Trade,* suggesting that,
as doubts may be raised as to the lawfulness of the use of the British flag in
vessels registered in the name of Chinese residents, it might be desirable to pass
a further Ordinance providing for that contingency .
I have, &c .
(Signed) H. LABOUCHERE.


No. 8.

Sir J. Bowring to the Earl of Clarendon.— (Received February 4, 1856.)
My Lord, Hong Kong, November 22, 1855.
A LONG and fruitless correspondence having taken place between
Mr. Consul Alcock and the Imperial Commissioner in reference to lorchas
bearing the British flag, seized within the port of Canton for smuggling salt,
which Iorchas the Chinese authorities had refused to surrender on the requisition
of the Consul, I thought it necessary , in order to prevent a repetition of an
obvious breach of Treaty, to request the aid of the naval authorities, and to
rescue the vessels so improperly detained.
I have the honour to forward copy of a letter from Mr. Acting Vice -Consul
Morrison, announcing that Her Majesty's steam-sloop “ Rattler ” has taken
possession of the lorchas.
I also forward copy of a communication I have made to the Imperial Com
missioner, which I trust will be approved by your Lordship .
As I have alwaysshown every disposition to prevent Her Majesty's subjects
and shipping from violating the laws of China and the engagements of Treaties,
and every determ nation to punish such violations (and I have in this instance
directed the Acting Attorney -General to proceed against the parties for breach
of the Colonial Ordinance under which the registers were granted ), I cannot
allow the Chinese authorities to encroach upon my jurisdiction, however little
sympathy I may feel for those who disregard the conditions on which the pro
tection and privilege of the British flag have been accorded to them .
I have, &c.
(Signed) JOHN BOWRING .



Inclosure 1 in No, 8.

Acting Vice- Consul Morrison to Sir J. Bowring.
Sir , Canton, November 15, 1855 .
I HAVE the honour to inform your Excellency that, in accordance with
your instructions conveyed in your despatch of 7th November, a boat's crew
from HerMajesty's ship “ Rattler” yesterday took possession of Hong Kong
lorchas, No. 9, belonging to William Anderson, and No. 14, belonging to a
* No. 6.
 9

Chinese resident of Hong Kong, which had been seized on the 25th of Augus
last by the Chinese police. I await your Excellency's further orders as to how
they are to be disposed of. As soon as I can obtain from the owners a state
ment of the tackle and appurtenances taken from the lorchas, which had been
completely dismantled, I will communicate the same to your Excellency.
I duly acquainted the Chinese Imperial Commissioner with the resumption
of the above-mentioned lorchas, and the reasons for the proceeding.
I have, &c.c
(Signed ) M. C. MORRISON .



Inclosure 2 in No. 8 .

Sir J. Bowring to Commissioner Yeh.
Sir, Hong Kong , November 21 , 1855.
MR . CONSUL ALCOCK has forwarded me copies of his correspondence
with your Excellency regarding the seizure and detention by the Canton
Customs of certain British lorchas alleged to have been engaged in salt
smuggling
It is provided by Article XII of the Supplementary Treaty that, if any
British vessel be detected smuggling, the Chinese authorities shall be at liberty
to “ seize and confiscate all goods, wbatever their nature or value, that may
have been so smuggled ; and may also prohibit the ship from trading further,
and may send her away, as soon as her accounts are adjusted and paid.”
Such being the course prescribed by Treaty, the Canton Customs, in
seizing and dismantling the lorchas in question , exceeded their authority, and
committed a breach of Treaty.
The Consul applied to your Excellency, and was told that the vessels were
pseudo lorchas owned by Chinese, and that British subjects were in no way
concerned. Your Excellency seems not to be aware that Hong Kong being a
British possession, all persons, English , Chinese, or other there'residing, may
procure registers for boats owned by them , on complying with Colonial
Ordinance No. 4 of 1855 , of which I inclose a translation . The most important
of its conditions, as your Excellency will see, is the giving of a bond by which
the owner and two sureties bind themselves, under a penal sum of 1,000 dollars ,
to comply with all the provisions of the Ordinance affecting registered vessels,
and with all laws binding on British subjects with regard to trade in China.
The allegation of smuggling having been made within the port, the smuggled
cargo alone was seizable. Over the vessels the British Consul alone had juris
diction; and his appeal to your Excellency was made, no less with a view to the
due punishment of the parties offending, than in consideration of those interests
which it is his duty as Consul to protect.
I have applied to our naval authorities to recover the vessels unlawfully
detained by the Canton Customs. They have retaken them , and I shall now
proceed to punish the guilty parties for their breach of the Ordinance.
I trust that your Excellency will instruct your subordinates to be more
cautious in examining the papers of vessels they may have occasion to board .
Vessels bearing the British flag, and in any way offending against Chinese law
within the five ports, must be complained of to the Consuls. Those found to
be carrying it out without authority are liable to serious penalties ; but where
they are entitled to fly it, the British Navy is instructed to resent unauthorized
interference with it as an act of piracy.
Your Excellency will understand that I am simply maintaining the integrity
of British jurisdiction. I have no sympathy with the smuggler ; and of this,
the support I have given to the system which ensures the full payment of all
dutiesat Shanghai should be sufficient evidence. I await but your Excellency's
cooperation to introduce the system at all the ports to which we have access.
I have, &c .
(Signed) JOHN BOWRING .



C2
 10



No. 9 .


The Earl of Clarendon to Sir J. Bowring.
Sir, Foreign Office, March 22 , 1856.
I HAVE received your despatch of the 22nd of November last, reporting
the steps which you took in consequence of the refusal of the Chinese authorities
at Canton to surrender, when required to do so by Her Majesty's Consul,
two lorchas bearing the British flag, and which had been seized by them on a
charge of being engaged in smuggling salt ; and I have to state to you that
having consulted the Law Officers of the Crown, Her Majesty's Government are
of opinion that you acted properly in calling in the aid of the naval authorities
and in rescuing the vessels soimproperly detained .
I am , & c.
(Signed ) CLARENDON .




No. 10 .


Governor Sir J. Bowring to Mr. Labouchere.

My Lord, Victoria, Hong Kong , June 5, 1856.
I HAVE the honour to forward authenticated copy of Ordinance No. 9
of 1856 , entitled an “ Ordinance to explain certain enactments relating to
Shipping.”
The first clause is inserted in accordance with instructions conveyed in
your despatch of 12th December, 1855 .
The second is intended to apply to the Colonial Registry Ordinance,
No. 4 of 1855, the privilege secured to the Registrar of Shipping by clause 107
of the Merchant Shipping Act, 1851. By this the attendance of the Registrar
(here the Colonial Secretary ) before a court of justice was rendered unnecessary
in the case of an Imperial register, and it is not only reasonable, but advisable,
to provide a like exemption in the case of a Colonial register.
Clause 3 meetsthe case of a Chinese passenger-ship, representing herself
as about to clear for Macao, a voyage under seven days' duration, and there
fore not coming under the Chinese Passengers Act, while in reality she is about
to make a nominal voyage thither, and proceed elsewhere with her coolies or
emigrants.
This clause of course can only affect British ships wherever going, and
foreign ships bound to a British colony.
The last clause renders the Ordinance inoperative until the sanction of Her
Majesty's Government shall have been received.
I beg therefore to hope that this Ordinance, No. 9 of 1856, may meet your
approval, and that you may be enabled to lay it before Her Most Gracious
Majesty for confirmation .
I have, &c.
( Signed) JOHN BOWRING .
 11


Inclosure in No. 10 .

Ordinance.

HONG KONG .
ANNO DECIMO NONO VICTORIA REGINÆ.
No. 9 of 1856 .

By his Excellency Sir John Bowring, Knight, LL.D. , Governor and Com
mander-in -Chief of the Colony ofHong Kong and its Dependencies, and
Vice-Admiral of the same,Her Majesty's Plenipotentiary and Chief Super
intendent of the Trade of British Subjects in China, with the advice of the
Legislative Council of Hong Kong.
An Ordinance to explain certain Enactments relating to Shipping.
[May 29 , 1856.]
9



WHEREAS by “ The Merchant Shipping Act, 1854,” and “ The Chinese Preamble. Recites
Passengers Act, 1855," the power to amend the said Acts in their application “ The Merchant
to this Colony is, under certain conditions, reserved to this Legislature, and it Shipping
,” Act,
“
is desirable to exercisethe aforesaidpower inmanner hereinafter appearing:Be Chin
1954.eseapdo
PassenThe
gers'
it enacted and ordained by his Excellency the Governor of Hong Kong , with Act, 1855. "
the advice of the Legislative Council thereof, as follows :
1. The British flag may be lawfully used by any Chinese resident within Chinese residents
the meaning of Ordinance No. 4 of 1855, on board of any ship or vessel regis. may use the British
tered in this Colony in the name of the said resident under the Ordinance regis
flag intered
Colonially
vessels.
aforesaid .
II . Every register, certificate, endorsement, declaration , or bond authorized Colonial registers,
or required by the said Ordinance , may be proved in any Court of Justice , or &c. , may be proved
before any person having bylaw or by consent of parties authority to receive by production of
originals or copies.
evidence, either by the production of the original, or by an examined copy
thereof, or by a copy thereof purporting to be certified under the hand of the
Colonial Secretary, or other person who for the time being shall happen to
have charge of the original, which certified copy he is hereby required to furnish
to every person applying at a reasonable time for the same, and paying therefor
the sum of 1 dollar for every such certified copy ; and every document, when so
proved as aforesaid, shall be received as prima facie evidence of all the matters
therein recited, stated , or appearing.
III. Any Chinese passenger-ship clearing outor proceeding to sea from any Definition of a
port in this Colony , or in China, or within 100 miles of the coast thereof, on voyage ofmorethan
any voyage or voyages to any other port or ports, for the purpose of commencing seven days' dura
at or from any such port or ports as last aforesaid , a voyage of more than seven tion.
days' duration, shall be deemed to have cleared out or proceeded to sea upon
the said last-mentioned voyage, from the said first -mentioned port, within the
meaning of the “ Chinese Passengers Act, 1855.”
IV . This Ordinance shall not come into operation until Her Majesty's Ordinance not to
confirmation thereof shall have been proclaimed in this Colony by his Excel. come into operation
lency the Governor. until confirmed and
(Signed) JOHN BOWRING . proclaimed.
Passed the Legislative Council of Hong Kong, this 29th day of May, 1856 .
(Signed) L. D'ALMADA E Castro ,
Clerk of Councils.
 CHINA.
Registration
CorresPONDENCE of
respecting
the
Colonial
Vessels
Hong
at.
Kong
Comby
Parliament
of
Houses
both
Presentedto
1857
Majesty
Her
of.
mand
LONDON:
 CORRESPONDENCE




RESPECTING




INSULTS IN CHINA.




Presented to the Houseof Lords by Command of Her Majesty, inpursuance of
their Address of February 12, 1857.




LONDON
PRINTED BY HARRISON AND SONS.
 CORRESPONDENCE




RESPECTING




Ι Ν CHINA..
INSULTS IN




Presented to the House of Lords by Command of Her Majesty, in pursuance of
their Address of February 12 , 1857 .




LONDON :
PRINTED BY HARRISON AND SONS.


998.227P
 LLEGE
AR D CO
HARV
UCI 9 1919

L13RARY


HP. Moral
۱ sinan
auto ay
 LIST OF PAPERS .




No. Page




..
1. Sir H. Pottinger to the Earl of Aberdeen December 20, 1842 1




:
Nine Inclosures .
2. Sir H. Pottinger to the Earl of Aberdeen December 23, 10


..




:
Two Inclosures.
3. The Earl of Aberdeen to Sir H. Pottinger Avril 4, 1843 12
4. Sir H. Pottinger to the Earl of Aberdeen February 5, 1844 13
One Inclosure.

..
5. Mr. Davis to the Earl of Aberdeen January 10, 1845 14
Four Inclosures.
6. Mr. Davis to the Earl of Aberdeen ..
January 16, 18
One Inclosure.
18
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7. Mr. Davis to the Earl of Aberdeen April 4,
Five Inclosures.
8. The Earl of Aberdeen to Sir J. Davis August 8, 23
9. Mr. Davis to the Earl of Aberdeen April 24 , 23
Four Inclosures.
10. The Earl of Aberdeen to Sir J. Davis September 23, 27
ll . Mr. Davis to the Earl of Aberdeen August 23, 28
Four Inclosures.
12. Sir J. Davis to the Earl of Aberdeen .. October 27 , 34
..




One Inclosure .
13. The Earl of Aberdeen to Sir J. Davis November 24, 36
14. The Earl of Aberdeen to Sir J. Davis January 24, 1846 36
:::




15. Sir J. Davis to the Earl of Aberdeen February 24, 37
Five Inclosures.
16. Sir J. Davis to the Earl of Aberdeen February 25, 41
:




Two Inclosures .
17. The Earl of Aberdeen to Sir J. Davis April 24 , 43
23 , 43
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18. Sir J. Davis to the Earl of Aberdeen April
Two Inclosures.
,
8
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19. Sir J. Davis to the Earl of Aberdeen May 8, 47
Two Inclosures.
20. Viscount Palmerston to Sir J. Davis .. August 1, 51
21. Sir J. Davis to the Earl of Aberdeen June 17, 51
52
.




22. Sir J. Davis to the Earl of Aberdeen June 22,
Six Inclosures.
23. Viscount Palmerston to Sir J. Davis September 12, 59
24. Sir J. Davis to the Earl of Aberdeen .. 59
::