No. 30.
Sir,
10
31
GOVERNMENT HOUSE,
HONG KONG, 26th January, 1932.
8:878)
With reference to your despatch No.334 of the
10th of December, 1931, I have the honour to forward the
accompanying copy of the record of the proceedings against
Captain T. Pritchard of the S.S."Sui Tai" at the Marine
Magistrates Court on the 29th of July, 1931. The facts
in so far as these are not in dispute can be deduced from
the statements of the various witnesses.
2. I am advised that it would have been open to the defendant either to appeal to the Full Court under Section 103 of the Magistrates Ordinance, 1890, or to apply for a review of the decision under Section 96 of the same Ordinance as enacted by Ordinance 16 of 1928.
The
"Sui Tai" is a local steamer plying daily between Hong Kong and Macao and there is no apparent reason why Captain Pritchard could not have taken either of the steps indicated had he wished to do so.
3. With regard to paragraph 1 of the document headed "Expert opinion re case yacht 'Tavy II' versus S. S. 'Sui Tai' I would point out that the issue of the summons was within the discretion of the Marine Magistrate who must be permitted
"
to exercise his own judgment in the matter.
THE RIGHT HONOURABLE
SIR P. CUNLIFFE-LISTER, G.B.E., M.C., M.P.,
&c.,
&c.,
&c.
The