COPY.

Sir,

Enclosure No. 2 to Despatch No. 133 of the 3rd April, 1903.

494

63, Queen's Road Central, Hongkong, 13th March, 1903,

With reference to your Postscript of yesterday to your communication on the subject of Water Police Constables Wylie and Cook, I have advised my clients, in view of the letter from the Under Secretary of State to Mr. May dated the 15th January last, to sign provisionally and without prejudice to their contention the Document marked 3 annexed to your communication with an addition to which I submit you cannot possibly have any objection, clearly stating that the temporary arrangement is absolutely without prejudice to their rights.

With respect to the Under Secretary's letter, I would point out (1) that the "blank copy" of the Agreements is not a correct copy of the Agreements actually entered into and does not even purport to be a correct copy, and that according to my clients' instructions the Agreements which they signed were headed "Hongkong Water Police", the printed heading having been altered and initialled by one of the Crown Agents before the Agreements were signed; (2) that Mr. Chamberlain seems to recognise the justice of their claim to perform only six hours service a day; and (3) that though my clients were engaged "on the usual terms so far as the printed form remained unaltered", the Under Secretary is mistaken in saying that they were not engaged specially for service in the Water Police.

My Clients were formerly in the Metropolitan Police Thames Division, which is a Division of Water Police; they volunteered for service in the Water Police of Hongkong in consequence of a Printed Order asking for Volunteers in the Hongkong Water Police, which specified that men in the Thames Division only need apply. Inspector Hollands of the Thames Division, on my clients volunteering, fully understood that they only volunteered as Water Police.

My Clients were passed by Dr. Manson as fit for the Water Police, and all the Documents with the Crown Agents show that my clients were only engaged for the Water Police and that it was never intended that they should be liable to be transferred to the Land Police.

My Client Wylie has produced for your inspection one of these Documents headed "Hongkong Service Water Police", and on the whole I submit that nothing can be clearer than that my Clients were engaged ...

J. Badeley, Esq.,

Acting Captain Superintendent of Police.

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