caused one of the vessels of the Messageries Maritimes, the "Onadyr," to be boarded, with a view to the arrest of one of the crew, who was reported to have maltreated a passenger.
On inquiry, however, it appeared that although the vessel had been boarded by the water police (which was admitted to have been an irregular act) it was not done with the object of making an arrest, but merely with that of doing a humane act, and that the police inspector only requested that the ship's doctor would treat the wound inflicted by one of the crew on the head of a boatman, and told the complainant that any action he wished to take must be by summons.
Instructions were, nevertheless, given to the police as to the privileges and rights of the vessels belonging to the Messageries Maritimes Company, in order that there might not be any grounds for a repetition of the complaints which had been made.
The Governor of Hong Kong was also told by the Colonial Office that there was no reason to doubt that the French Consul, if applied to, would in general give facilities for the service or execution of process, civil and criminal, on board those vessels, but that without his sanction no such proceedings should be attempted.
In June 1876 the following further incident occurred at Hong Kong:
On the 25th of that month the body of a Chinese was found floating in the harbour, and was identified as that of a servant belonging to the Messageries Maritimes' French steamer "Tanais."
On an inquiry being instituted before the Coroner at Hong Kong, it was at first stated that the Chinaman, being charged with larceny, had been first tied up to the mast, and then thrown overboard.
As this statement was disbelieved, the inquiry was adjourned, the Coroner stating that he had no jurisdiction over the ship, unless with the consent of the French Consul. The Consul was then asked to send some witnesses to attend the adjourned inquiry. At first he refused, but ultimately three witnesses were allowed to attend, and, as a counter-statement was made that the man had lost his life in attempting to swim ashore, the Jury found a verdict of "Accidental drowning."
Case of the French Messageries steamer "Tanais" at Hong Kong,
Colonial Office;
September 8, 1876.
Colonial Office;
September 8, 1876.
To Lord Lyons, No. 965;
November 14, 1876.
Proposed arrangement for execution of legal process on board privileged vessels.
In commenting on the case, in a letter to the Colonial Secretary, the Coroner observed-
"This case owes its importance to the fact of the Messageries Maritimes' steamers having the status of men-of-war, and yet being in reality merchant ships."
The Attorney-General for Hong Kong, however, stated in his Report that "such an occurrence could not have happened in a man-of-war. An offender would have been properly secured and properly dealt with by his Captain;" and he then observed, "We have, I think, a right to ask that, if these vessels receive the privileges of men-of-war, they shall also accept the responsibilities, and hand offenders over to the local authorities, seeing that they have not the means of dealing with them on board, and that human life is jeopardized in consequence."
The matter was then brought to the notice of the French Government through Lord Lyons.
It was explained that the complaint of the Colonial authorities was, that the French Consul in Hong Kong refused to grant to the police officers and to the functionaries of the local Courts the facilities which they required for the discharge of their duties when called upon to execute legal process on fugitive criminals and absconding debtors supposed to be on board the vessels of the Messageries Maritimes, lying in the Harbour of Victoria, and also that the exercise of jurisdiction by the local Courts over offences committed on board those vessels in harbour was, in some cases, unnecessarily obstructed.
It was pointed out that the principal object of Article V of the Postal Convention (of 24th September, 1856), which secured to those vessels the privileges and immunities of ships of war, was to provide against the serious inconvenience which would arise from the detention by the process of the local Tribunals of the mail-steamers of one country when in the ports of the other; but that, whilst every care should be taken to maintain this useful stipulation in its integrity for all legitimate purposes, it was the interest of both Governments to guard against any unreasonable application of it which might operate to the detriment of public justice; and it was then suggested whether some ...