43
(12)
Lai Tin was then cited by Landstein and examined in open Court.
Lai Tin refused to sanction the agreement and claimed that it had been entered into by Ho Man Tsung without authority from Government. The steamer Dang Wee was sent to Hongkong to undergo certain repairs, and according to the report of the Commandant and his assistant received by this Government, the steamer was seized on account of money due by Un Tak Hau to the Firm of Landstein & Co., and the repairs to the steamer were in consequence stopped. I sent a despatch to Your Lordship, also one to H. E. the Governor on the subject, which I presume were duly received.
12. The agreement being disputed was not insisted on by Mr. Kingsmill as binding on the plaintiff Landstein, and the order which discharged the Dang Wee from the attachment ceased to be in force and the Dang Wee is now in the custody of the sheriff as security to the plaintiff Landstein.
Officers on board the said steamer Dang Wee secretly became security for him without the knowledge of this Government. In the 1st moon of last year, (February, 1873), this Government sent the steamer Dang Wee to Hongkong...
13. I have to add that under present circumstances every ship and all merchandise of H. M. the King of Annam that shall come to Hongkong will be seizable to secure to Landstein the payment of such amount as he shall be able to prove in the Supreme Court to be due to him, Landstein, from H. M. the King of Annam.
It is now more than a year ago, and the steamer has not yet returned. In the 4th moon of this year, (May and June), a gentleman agent of the Firm of Landstein & Co. came to this country and claimed a large sum of money - the matter was made known to the King who ordered an official to proceed to Hongkong with Un Tak Hau and Lai Afai who were to take with them several thousands of dollars and there to settle the claim with the Firm of Landstein & Co., so that the Dang Wee may be allowed to return for public service.
If, as is deposed to, the Commodore said to have been sold to H. M. Tu Duc and the Dang Wee which H. M. claims to have given up to him, be the same vessel, then it is clear that H. M. Tu Duc has possession of a steamer once the property of Landstein, and as it is not alleged in the letter to the Governor, or to the Chief Justice that the price for the Commodore has been ever paid, then it would seem that H. M. Tu Duc has the steamer of Landstein in his possession and that the price for it ought to be paid.
The Government was informed that the Firm of Landstein & Co. had acknowledged payment of $24,603, but that the sum of $150,000 was still due, and that the firm would not allow time, that they demanded that $75,000 should be paid at once, and desired that the deputed officer should be security for the balance. This surely cannot be just, why should a Government steamer be seized for a private debt, the steamer was seized because the debtors could not be found, but now they are forthcoming and are willing to pay their debt. If Un Tak Hau and Lai Afai are willing to pay a further sum of $20,000 or $30,000 when they return to their country and the balance when they have coined money, this appears to be very fair.
A like remark applies to the account current for goods supplied. If H. M. has received them, there may be questions between H. M. and his servants as to them, but if these articles reached H. M. Tu Duc, it would seem but justice that H. M. should pay Landstein for them. It is quite open to H. M. to prove that he never received the goods or that the prices charged were too much or that Landstein is not entitled to payment for reasons to be shown, but until such reasons shall be shown, why should not H. M. Tu Duc pay to Landstein the sum claimed?
Sir,
I have the honor to be,
Your most obedient and humble Servant,
(Signed) W. H. ALEXANDER,
Registrar.
His Excellency,
The Minister of the Mercantile Marine of the Kingdom of Annam.
(APPENDIX H.)
The Minister of Mercantile Marine of the Kingdom of Annam makes this communication to His Lordship the Chief Justice of Hongkong and begs his perusal of the same. In former years, the steamer Dang Wee belonging to this Government proceeded to Hongkong on public business...
The official who was deputed to settle the matter wrote and informed this Government that the Firm of Landstein & Co. had...
This Government asks and will deem it a great favour if your Lordship will order the firm of Landstein & Co. to accept Un Tak Hau and Lai Afai's payment and to allow them to pay the balance when they have made money in trade, and will kindly order the steamer Dang Wee to be released so that she may return for public service and save this Government further unnecessary expense.
This is my prayer. An answer to this despatch will much oblige. In conclusion, I beg to tender my best compliments.
15th day of 8th Moon, 27th Year of Tu Duc.
(25th September, 1874.)
Sealed with the seal of the Minister,
Printed at the Daily Press Office, Hongkong.
Sir,
24,1829-
75-
130
Attorney General's Office
22nd May 1875.
I have the honour to return herewith your minute of the interview between yourself and the Annamese Mandarins upon the 3rd of May, and in obedience to His Excellency's commands conveyed in your memorandum of the 16th of May, I beg to submit the following report upon the whole case.
The short facts are that on the 13th of October 1873, a suit for an alleged debt was commenced by writ of Summons against the King of Annam. On the 14th of October, the Dangwee was attached in the hands of her Commander...
The Honorable Cecil C. Smith
Acting Colonial Secretary