6
quite so 46B
But in that case I should have thought
that it would be impossible for the master to
prove to the satisfaction of the Court that
he had no knowledge of their presence; i.e. he
would be caught by our draft clause. Ιη
other words, I suggest that the reasons urged
by the Governor for the retention of the clause
urges
might equally well be reed in favour of the
substitution of our draft clause.
As regards the Opium Ordinance, the
Acting Superintendent pleads for the retention
of the existing section on the ground that our
draft clause would not "afford any restraint for
the carrying of opium " on the smell Chinese-
owned "scallywag" type of vessel (with its
figurehead master) about which we have heard
so much in other connections (piracy, misuse
of the flag, etc.).
It will be seen from
owners have been
enclosure 2. that the
implicated in a fair proportion of the cases
quoted.
If
Perhaps Mr. Bushe will advise whether
the view expressed in paragraph 5. of the
Acting Superintendent's minute is right.
so, there seems to be a good case for retaining
the section in the Opium Ordinance, in spite of
the inherent possibility of injustice to
reputable ships' owners and masters.
For the prevention of such injustice
the Governor relies on the discretion of the
Freventive Authorities, but it is precisely
because