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"On the arrival of the "Ashley" (one of the vessels referred to in the Covering Despatch) at Hong Kong the entire crew, when they found that the ship was ordered to Japan, refused duty. The Master consulted the Harbour Master there who at first proposed to imprison them under the Merchant Shipping Act for refusal of duty, but on consultation with the Attorney-General, as the master informs me, came to the conclusion that the carrying of coal in belligerent waters was illegal trading and that he had no power to imprison the men. Eventually the crew with the exception of five returned to duty, the five who refused to do so being discharged. The master also told me that the matter had been referred to the Home Authorities.
A number of colliers are expected shortly with, I believe, about 100,000 tons of coal for Sasebo or this port, and I shall probably have trouble in their case as the crews will doubtless be advised to the same effect as those now in port.
I should imagine, however, that once the vessel discharges or begins to discharge her cargo there can be no question of contraband and the crews may be dealt with in the ordinary way, should they refuse duty, but the matter would appear to be different should a ship load a return cargo or pass through Nagasaki en route for another port without discharging and I should be very glad of definite instructions."
(copy) . 16474.
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