TELEPHONE NO.
G888 CENTRAL LIVERPOOL.
OFFICIAL.
The Merchant Service Guild.
(CAPTAINS AND OFFICERS)
588 C.O 41467 @ DEC 04: +8X MSC X+
ADDRESS TELEGRAMS
DOLPHIN, LIVERPOOL
SECRETARY: CAPT. JOHN G. MOORE
The Arcade, Lord Street, Liverpool.
December 7th 1904.
The Right Hon.
The Secretary of State for the Colonies
Sir,
I am directed to respectfully lay before you the accompanying copy of the judgment of the Hon. L.A. Barnes Lawrence (Harbour Master) in the Marine Court at Hong Kong. As an undoubted injustice appears to have been committed owing evidently to that gentleman having an erroneous conception as to the legal responsibility of Captains and Pilots, the Guild venture to ask your kind consideration of the following remarks which serve to prove that the decision of the Harbour Master is bad not only morally, but from a lawful standpoint.
In the course of his judgment the Harbour Master states that it is only fair to believe that Captain S. Bell Smith of the S.S. "Wingchai" had himself given no directions to the helmsman and may indeed have been ignorant of the movement of the helm which evidently took place when he left the vicinity of the wheel, and the direction of affairs was left temporarily in the hands of the Pilot. It is obvious that the Captain of a steamer cannot always be in the vicinity of the wheel, and in this case it would seem that he took a proper and seamanlike course in leaving the supervision of the steering in the hands of the Pilot who is supposed to be a local expert in a matter of this kind. Yet though there is not the slightest suspicion of culpability or negligence, the Captain