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1. The Tae-ping authorities have been acquainted that, having adopted effectual measures to prevent the use of the British flag by vessels not entitled to wear it, I will not permit British vessels of whatever build, whether European or native, to be interfered with or molested in the exercise of their right of navigating the Yang-tze-kiang, under any pretext or in any way whatever.
2. Intercourse with the shore or trading is only permitted under such regulations as their authorities shall think proper to prescribe (subject to my approval): and wherever a British vessel of war is stationed, no communication is to be held with the shore, except with the sanction of her Commander.
3. The English red ensign is always to be hoisted, and it must be not less than 4 breadths of 18 inches each.
4. Guns or arms are not to be used except in self-defence, for which the master will be held personally responsible ; and the armed encampments of the Tae-pings are not to be visited by any person.
5. When the shore is visited by either officers or crew, such conduct is to be observed as will avoid giving offence to the inhabitants,
6. When approaching Nanking at night, vessels are not to come nearer than the Ping-shan Pagoda.
7. No vessel to pass through the Tsou-hea Creek,
Note.--If the Tae-ping authorities permit other foreign vessels to use the Creek, the right of British vessels to do so will be insisted on.
8. In the event of any vessel being molested or interfered with in any way, she is to give immediate notice of the same to the nearest vessel of war.
J. HOPE, Vice-Admiral and Commander-in-Chief.
(8.) Notification of the British Legation.
Peking, November 10, 1862. The undersigned is directed to give notice that the Chinese Government having decided on opening Custom-houses at Hankow and Kiu-kiang, has communicated to the Hon. F. Bruce, C.B., &c., a draft of Revised Regulations under which, until these ports can be opened by Treaty, trade with them is to be carried on.
The Provisional Regulations of the 5th December, 1861, will therefore continue in force only until the 1st January, 1863, on which day the Revised Regulations published below will come into operation. From and after that date any violation of them by vessels entering the river will be punishable by the penalties the Revised Regulations provide. By order,
T. WADE, Her Majesty's Secretary of Legation.
(Annex.)-Revised Regulations of Trade on the Yang-tze-kiang
Peking, November, 1862. ART. I. British vessels are authorized to trade cn the Yangtze-kiang at 3 ports only, viz., Ching-kiang, Kiu-kiang, and Hankow. Shipment or discharge of cargo at any other point on the river is prohibited, and violation of the prohibition renders ship and cargo liable to confiscation.
Native produce, when exported from any of these three ports, or foreign imports not covered by exemption certificate, or native produce that has not paid coast-trade duty, shall, when imported into any of these 3 ports, pay duty as at the Treaty ports.
II. British merchant vessels trading on the river are to be divided into 2 classes, namely :
1st class. Sea-going vessels, that is, merchantmen trading for the voyage up the river above Chin-kiang lorchas and sailingvessels generally.
2nd class. Steamers running regularly between Shanghae and the river ports.
These two classes of vessels will be dealt with according to Treaty, or the rules affecting the river ports to which they may be trading.
All vessels, to whichever of the 2 classes they may belong, if about to proceed up the river, must first report to the Customs the arms or other munitions of war they may have on board, and the numbers and quantities of these will be entered by the Customs on the vessel's river-pass. Permission to trade on the river will be withdrawn from any vessel detected carrying arms or munitions of war in excess of those reported to the Customs, and any vessel detected trading in arms or munitions of war will be liable to confiscation.
Any vessel falling in with a revenue cruizer of the Chinese Government will, if examination of them be required, produce her papers for inspection.
III. Sea-going Vessels.—British merchantmen, lorchas, and sailing vessels generally, if sailing in Ching-kiang, will pay
their duties and tonnage dues at Chin-kiang.
If a vessel of this class is proceeding farther than Chin-kiang, that is, either to Kiu-kiang or to Hankow, her master must deposit her papers with the Consul at Chin-kiang, and must hand in her manifest to be examined by the Chin-kiang Customs ; the Superintendent of which, on receipt of an official application from the Consul, will issue a certificate, to be called the Chin-kiang pass, to the vessel.
The Chin-kiang pass will have entered upon it the number and quantities of arms, muskets, guns, swords, powder, &c., on board the vessel ; also the number of her crew, her tonnage,
and the flag she sails under. The Customs will be at liberty to seal her hatches, and to put a Customs employé on board her. On her arrival at Kiu-kiang, whether going up or coming down, her master must present her pass to the Customs for inspection.
The duties on cargo landed or shipped at Kiu-kiang or Hankow must all be paid in the manner prescribed by the regulations of whichever of the two ports she may be trading at, and on her return to Chin-kiang she must surrender her Chin-kiang pass to the Customs at Chin-kiang, and the Customs, having ascertained that her duties and dues have been all paid, and that every other condition is satisfied, the grand chop will be issued to the vessel, to enable her to obtain her papers and proceed to sea.
The Customs will be at liberty to put an employé on board the vessel to accompany her as far as Lang-shan.
Any British vessel of this class found above Chin-kiang without a Chin-kiang pass will be confiscated. Any junk without Chinese papers will similarly be confiscated.
IV. River Steamers.-Any British steamer trading regularly on the river will deposit her papers at the British Consulate at Shanghae ; and the Customs, on application of the British Consul, will issue a special river-pass (or steamer's pass) that shall be valid for the term of 6 months. Steamers trading on the river under this pass will be enabled to load and discharge, and will pay
duties according to the rule affecting river steamers.
On arriving off Chin-kiang or Kiu-kiang the steamer, whether proceeding up the river or down, will exhibit her pass to the Customs.
The tonnage-dues leviable on any steamer holding a river-pass shall be paid alternately at Chin-kiang, Kiu-kiang, and Hankow.
The Customs are at liberty to put a tide-waiter on board a steamer at any of these ports, to accompany her up or down stream, as the case may be.
Infringement of River-Port Regulations will be punished by the infliction of the penalties in force at the ports open by Treaty; for a 2nd offence the steamer's river-pass will also be cancelled, and she will be refused permission to trade thenceforward above Chin-kiang.
Any steamer not provided with a river-pass, if her master propose proceeding above Chin-kiang, will come under the rule affecting sea-going vessels laid down in Article III, and will be treated accordingly.
V. River Steamers' Cargoes.- 1st. Where native produce is shipped at a river port on board a steamer provided with a riverpass, the shipper must pay both export and coast-trade duty before he ships it. If it be for export to a foreign port this should be stated when the produce arrives at Shanghae ; and if it be exported from Shanghae within the 3 months allowed, the shipper will obtain from the Shanghae Customs a certificate of its re-exporta
tion, on production of which at the river port of shipment, whether Chin-kiang, Kiu-kiang, or Hankow, the Customs of that port will issue a drawback for the amount of coast-trade duty paid.
2nd. Where import cargo is transhipped on board a river steamer at Shanghae, it must first be cleared of all duties. The transhipment will not be authorized until the Customs are satisfied that the import duties have been paid.
VI. Native craft owned or chartered by British Merchants will pay duty on their cargo at the rates leviable
under the Treaty Tariff. All such craft will further have to be secured by bond in the manner laid down in the Provisional Rules published on the 5th December, 1861, and on entry into any port will pay port-dues according to the Chin-se Tariff. If the cargoes of native craft so employed do not agree with their cargo certificate, the amount specified in their bonds will be forfeited to the Chinese Government. This provision is only valid until tranquillity is restored along the river.
VII. British vessels of all classes, as well as junks owned or chartered by British merchants, must apply to the Customs at the port of departure for a cargo certificate (“ tsung-tan”), which, on the vessel or junk's arrival at the port of destination, must be handed in to the Customs before permission to discharge can be given.
The above regulations are provisional, and are open to revision if necessary.
BRITISH ORDER IN COUNCIL, extending the Order of
August, 1862, enabling British Subjects to enter the Military and Naval Service of China. January 9, 1863.
At the Court at Osborne House, Isle of Wight, the 9th day of
January, 1863. PRESENT, THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS by an Order in Council, dated, at Windsor, the 30th day of August, 1862" (reciting certain provisions of an Act passed in the 59th year of the reign of His late Majesty King George III, intituled, “An Act to prevent the enlisting or engagement of Her Majesty's subjects to serve in Foreign Service, and the fitting out or equipping in Her Majesty's dominions vessels for warlike purposes, without Her Majesty's licence”t); Her Majesty, by and with the advice of Her Privy Council, being desirous of enabling her subjects to engage in and enter the naval * See Page 665.
+ See Vol. 10, Page 162.
and military service of the Emperor of China, was pleased to order, and it was thereby ordered, that from and after the 1st day of September then next, it should be lawful for Horatio Nelson Lay, one of Her Majesty's subjects, and Sherard Osborn, a captain in Her Majesty's Navy, to enter into the military and naval service of the said Emperor, and to accept any commission, warrant, or other appointment under the said Emperor, and to accept any money, pay, or reward for their services, and to fit out equip, purchase, and acquire ships or vessels of war for the use of the said Emperor, and to engage and enlist British subjects to enter the military and naval service of the said Emperor. And it was thereby further ordered, that it should be lawful for every British subject to enlist and enter himself, by engaging and enlisting himself with the said Horatio Nelson Lay and Sherard Osborn, and no other person or persons whatsoever, in the military and naval service of the said Emperor, and to serve the said Emperor in any military, warlike, or other operations, either by land or by sea, and, for that purpose, to go to any place or places beyond the seas, and to accept any commission, warrant, or other appointment from or under the said Emperor, and to accept any money, pay, or reward for his service : Provided always, that the licence and permission thereby given should be in force only for the term of 2 years from the said 1st day of September then next, unless by Order in Council, made in manner aforesaid, such period should be further extended;
And whereas Her Majesty, by and with the advice of Her Privy Council, is desirous of extending and enlarging the permission and licence contained in the said Order in Council.
Her Majesty is therefore pleased to order, and it is hereby ordered, that, from and after the 16th day of December, 1862, it shall be lawful for all military officers in Her Majesty's service to enter into the military service of the said Emperor, and to accept any commission, warrant, or other appointment under the said Emperor, and to accept any money, pay, or reward for their services.
And it is hereby ordered, that it shall be lawful for all officers in Her Majesty's military service to serve the said Emperor in any military, warlike, or other operations, and for that purpose to go to any place or places beyond the seas, and to accept any commission, warrant, or other appointment from or under the said Emperor, and to accept any money, pay, or reward for their services : Provided always, that the licence and permission hereby given shall be in force only until the 1st day of September, 1864, unless by Order in Council, made in manner aforesaid, such period should be further extended.