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Enclosure No.2. in Confidential Despatch dated April 21st 1905.

Bong Kong.

Hon. Col. Seo. He s.s."St Helena".

H

C. O.

17371

Peck

lad 22 MAY 05'

Government House.

433

The Defendants 22 members of the crew were charged before me on the 15th April instant with combining to disobey lawful orders, to neglect duty and to impede the navigation of the S.S."St Helena" (Ord 10 of 1899 sec9 subsec 5 (8)). The facts of the case were as follows:- On Friday the 14th inst the steamer arrived at Gap Rock and the Captain then got orders to proceed to Nagasaki. The Captain then advised the crew of the fact. At 11.30 a.m. some of the Defendants came on the bridge and wished to know where the ship was going to and were again told Nagasaki. They then said they did not wish to go to Japan. as the country was at war and that they were carrying contra-

* band. At 12. noon the crew refused to go on. On being called on the bridge the Defendants refused to do any further work. The Captain after consultation with his officers again sent for the Defendants. The Defendants again refused to work. In consequence of this last refusal the Captain was compelled to abandon the voyage and come to Hong Kong. The steamer was carrying a cargo of coal. The Defendants in their statements before me stated they refused to go to Japan with coal. After consulting with the Harbour Master I was of opinion that there was absolutely no risk to go to Japan when the Defendant: I therefore refused duty on the 14th April 1905 at 11.30. a.m. convicted the Defendants and sentenced sach to three weeks hard labour. The Harbour Master also informed me that the pra practice he had always followed in like cases was to convict members of the crew when he was absolutely satisfied there was no risk in proceeding on the voyage. The crew of the St Helena had signed for Hong Kong and (or) any port within the 75deg North Latitude

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