HONGKONG GENERAL CHAMBER OF COMMERCE
PORT REGULATIONS - MERCHANT SHIPPING
MALAGUILD INTERVENES.
The following correspondence reaches us for publication:-
Colonial Secretary's Office, Dec. 5th, 1905. SIB, I am directed to enclose for the con- sideration of your Chamber a copy of a letter addressed by the "Merchant Shipping Guild" to the Under-Secretary of State for the Colonies on the 9th October last.
THE HONGKONG WEEKLY PRESS AND
(January 18, 1906.
in the enforcement of those harbour regulations, known on the Wing Chai as the Pilot was an which secured the waters of the Colony from unlicensed and uncertificated member of the use inconsistent with the Colony's neutrality. oraw of that ship, to whom no responsibility The de enfant pleaded guilty, but stated that whatever could attach. Taking this paragraph ns the night was dark it was dangerous for and the fifth paragraph collectively we find, him to enter the harbour. In these circum from Captain Barnes-Lawrence's decision, that stances no penalty was inflicted by the First he refers to the Pilot on several occasions. Police Magistrate before whom the ease was Further we believe that this Pilot is one of tried. At the instance, however, of the Mas- those men who are usually engaged for the ters of various British ships your Chamber made purpose owing to their being so familiar with a representation that the Government should | local navigation. consider whether it "would not be possible to It seems to have been the case that the whole adopt such measures as would allow the pro- of the trouble was due to the Pilot altering the hibition to vessels to anchoring in Junk Bay to course of the Wing Chai during the e temporary 2. The first part of the letter refers to state- be removed." This representation was received absence of the Master. Knowing, as we now ments that had been made by the Guild with on the 11th July and on the 14th of that month do, that the Pilot of the Wing Chai was neither regard to the Harbour Master, Captain Barnes arrangement having been made to bring the licensed nor certificated this naturally adds to the Lawrence, who in his capacity of Marine bay under the supervision of the Water Police, responsibility of the master, but the remarks in Magistrate in a case before him last year fined His Excellency approved, on the recommendation Captain Barnes-Lawrence's decision to which the Captain of the s.s. Wing Chai for obstruc- of Captain Barnes-Lawrence, of Junk Bay the Guild took objection were that "in nowise tion on the high seas and wilful disregard of being added to the list of ports of the is a Master absolved from responsibility in the rules of the road. As the Guild have now Colony and a notification to this effect was
the event of an accident." In the case of the withdrawn refere. ces which they had made in publi-hed in the next issue of the Govern-
8.8. Grecian, which we brought to your notice previous. communications" as to the qualifica- ment Gazette. The promptness with which
on the 7th December of last year, we proved Hion of Captain Barnes Lawrence to deal with the wishes of the shipping community that occasions may arise when the master is cases affecting merchant ships" and also the as represented by the Chamber of Commerce absolved from responsiblity in the event of an statement that in the case of the s.s. Wing Chai
were met by the Government are somewhat accident, and that was our reason for consider the decision of the Harbour Master was bad curi usly instanced by The Merchant Serviceing that the decision of the Harbour Master "not only morally but from a lawful stand-point." Guild as illustrating "the fact that British
was bad, not only morally but from a lawful it is not necessary to trouble your Chamber shipping does not appear to be receiving that standpoint. The Guild are bound to admit, with this part of their letter.
however, that in the case of the 8.8 Grecian she was in charge of a duly licensed pilot, whereas this was not the case with the Wing Chai.
3. You will observe, however, that the with- drawal is followed by an expression of great regret at "the way British Shipping and British Merchant Captains are unnecessarily harassed and interfered with by the Authorities of the Port," and two instances are given in support of this very drastic general charge.
4. With regard to the first of these the Guild states that they "have information to the effect that, on the 13th June last two Captains of British Merchant Ships were fined for blowing their steam whistles other than for the purpose of navigation, at 4 o'clock in the morning in Hanghom Bay," thereby disturbing the "peace and quietude of the neighbourhood.'
The cases
referred to are those of two steam launches, the Albatross and the Hoi Ning, which entered Hinghom Bay at 4 a.m. in the morning of the 8th June, the second launch following the first and the two together emitting 10 blasts of their whistles, while according to evidence given before the Magistrate there were no craft ia their way. According to the Merchant Shipping Guild, "It is obvious that these alarms would not be made without there was some specific cause in the way of danger," and on this as- sumption they "feel that prosecutions of the kind are exceedingly frivolous and unneces- sary."
essistance and encouragement at Hongkong. which in justice to its importance to the country, it would appear to d-mand."
6. The Governor has thought it necessary to invite your Chamber's attention to, and observations on, these further charges brought by the Merchant Shipping Guild against the Port Authorities at Hongkong, as it seems to His Excellency that the result of this powerful organization supporting and encouraging breaches of the regulatious made for the good order and security of shipping in the port will be damaging to the interests of that shipping. I have, etc.,
(Sgd.) T. SERCOMBE SMITH, Colonial Secretary.
The Merchant Service Guild, The Arcade, Lord Street,
Liverpool.
9th October, 1905. SIE-I beg to inform you that your letter of the 21st July covering copy of despatch from the Governor of Hongkong with regard to the case of Captain Bell Smith and to the con- stitution of the Marine Magistrate's Court in that Colony, has received the careful con- sid ration of the Guild.
To refer to the second paragraph of the R port of the Governor of Hongkong, we observe that he does not consider the Police Court prosecution of Captain Bell Smith as parallel to cases beard before the High Court in Admiralty Jurisdiction.
It affords considerable satisfaction to know
Court that, in the Marine
at Hongkong, constituted under Section 19 of the Mer-
to
appoint three Masters of the Mer- cantile Marine as Assessors. As the principle is recognised in the Marine Court, the Guild feel that it should equally so be recognised in the Police Court where cases affecting merchant ships occur, and where seafaring technicalities
are bound to arise.
C
There is no doubt that at this port the almost continuous whistling which goes оп throughout the day and through some of the hours of the night is an unavoidable necessity in connection with the navigation of the vast number of small steamers that constantly ply in the barbour, but if to this has to be added unlimited whistling for the purpose of attract-chant Shipping Ordinance, it is customary ing the attention of persons on shore and other purposes not connected with navigation, very serions inconvenience and confusion would result. It was doubtless to obviate these that the regulation in sub-section 10, Section III. of Table M to Ordinance. No, 10 of 1899 was enacted, and in spite of the protests of the convicted parties there seems to be no reason to doubt that Referring to the third paragraph of the the regulation was infringed in the cases Governor's report, it appears that <aptain referred to by the Marchant Shipping Guild. Barnes-Lawrence, before whom the case of 5. Another instance quoted by the Merchant Captain Bell Smith was tried, holds a Master's Service Guild to show the way British Ship-certificate and has served in the Mercantile ping and British Merchant Captains are un- necessarily harassed and interfered with by the Authorities at the port " is "where a Merchant Captain was prosecuted for anchoring in Junk Bay because in his opinion it was dangerous for him to attempt to enter the harbour through the Lyeamun Pass." The case quoted was one in which the Norwegian Captain Olsen, of the Norwegian steamer Oscar II, was summoned for anchoring his vessel at a place other than a port of the Colony on June 5th of this year. At that time, as your Chamber are aware, Junk Bay, where the vessel in question was anchored, had not been declared such a port under Section 21 of Ordinance No. 10 of 1899 and owing to circumstances connected with the state of war then existing it had been necessary to enjoin spesial vigilance on the police
Marine, Captain Barnes-Lawrence being a retired Royal Naval Commander, the Guild were under a wrong impression, having no knowledge of his practical acquaintanceship with the Merchant Service. Perhaps this was natural, as it is only in very rare cases indeed that Naval officers possess this experience. Owing to the information which is now supplied, we would certainly withdraw any references which have been made as to the qualifications of Captain Barnes-Lawrence to deal with cases affecting merchant ships. At the same time we trust that further Magistrates presiding over the Court will be required to have had experience in merchant ships similar to Captain Barnes- Lawrence.
Dealing with the fourth paragraph of the Governer's Report, we observe that the person
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Taking into regard the important fact that the Guild were under a wrong impression on one or two points, we feel it a proper course to withdraw the statement, to which Captain Barnes-Lawrence takes objection.
In reference to the Port of Hongkong, the
Guild greatly regret to observe the way British Shipping and British Merchant Captains are unnecessarily harassed and interfered with by the Authorities at the Port. For instance, the Guild have information to the effect that, on the 13th June last, two Captains of British Merchant Ships were fined for blowing their steam whistles other than for the purpose of navigation, at 4 o'clock in the morning in Hunghom Bay, thereby disturbing the peace and quietude of the neighbourhood. The Captains of both ships protested very strongly that the whistles of their steamers were blown to warn vessels in the vicinity with a view to avoiding collision with them. It is obvious. that these alarms would not be made without there was some specific cause in the way of danger. The Guild feel that prosecutions of the kind are exceedingly frivolous and unneces- sary and are calculated to cause much adverse comment. Auother instance is where a Merchant
Captain was prosecuted for anchoring in Junk Bay because in his opinion it was dangerous for him to attempt to enter the harbour through the We understand from gentle- Lyeemun Pass men serving merchant vessels in Chinese waters that Junk Bay has been used as an emergency anchorage for many years without any objec tions This prosecution, as is quite natural, created a great amount of indignation. The Hongkong Chamber of Commerce laid the mat- ter before His Excellency the Governor, with the result that anchorage in the Bay is now permitted. We feel that these matters illustrate. the fact that British shipping does not appear to be receiving that assistance and encourage- ment at Hongkong which, in justice to its importance to the country, it would appear to demand.
We hope that you will extend your notice to our representations, and that His Excellency the Governor of Hongkong may be acquainted of the nature of them. We feel sure that when the facts are brought to his notice, he will endeavour to set things ou a more satisfactory basis so far as British Merchant Shipping is concerned in that Colony-I am, etc, meet (8gd.) J, E. MOORE,
Secretary.
Hongkong Generai Chamber of Commerce. 13th December, 1905. Sir, I have to acknowledge receipt of your letter dated 5th instant (No. 8548/05/C.O.D.), enclosing.copy of s letter addressed by the Merchant Shipping Guild to the Under-
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