7
because the Straits Settlements Authorities
failed to exercise such discretion, and
prosecuted and fined the masters of big
ocean-going vessels (without a shadow
of justification), that we embarked on this
revision.
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There have not been any such cases
in Hong Kong up to the present, and I feel
confident that the present Superintendent
at Hong Kong (Mr. Lloyd who has shown
himself to be exceptionally well qualified
for this post) would not commit an error of
judgment of this kind; but can we be equally certain in the case of less experienced
officers acting in his absence when he is
on leave (as he is at present); or in the
case of his successor in office?
However, the first thing seems to be
to get Mr. Bushe's opinion on "X" above.
J. Pastin
6.10.27.
It is said that in Hong Kong it is
necessary that owners and masters of ships
should be made by law criminally responsible
for the acts of their servants whether or not
such owners and masters are a party to such
acts. That is a proposition of rough and
ready justice which it is not easy to accept.
The justification for it alleged is that it is
believed that the owners and masters nearly
always are implicated and that to allow them
the