(Colonial Office. 2.
656
the men to proceed, but as they still persisted in their refusal sentenced them to two weeks hard labour.
The arrangement was that if the ship came back to Hong Kong they should, at the expiration of the imprisonment, be taken back on board the vessel and return with her to England. As a matter of fact the vessel did not touch again at Hong Kong but after a round voyage ultimately returned to the United Kingdom without touching at Hong Kong again.
Several points were put forward on behalf of the Defendants, the owners, in answer to the men's claim but we need only trouble you with one which was that the question whether the men were compellable to go on or not had been already decided before the proper Tribunal at Hong Kong, and that the plaintiffs' proper procedure would have been to appeal from that decision which they had not done and that therefore they were estopped from taking these proceedings. The Judge decided against the owners' contention and in favour of the men on this point.
It has occurred to us that the Lords Justices may like to have some information as to the exact constitution of the Tribunal at Hong Kong and we shall be glad if you will be good enough to tell us under what Act the magistrate's powers come into existence and what his powers are, and if there are any special Rules and Regulations or Ordinances on the point we shall be further obliged if you will be good enough to supply us with a copy.
The magistrate in question and who made the necessary entries