PUBLIC RECORD OFFICE
Reference :-
TTC.O. 882
3
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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That there is no regular Custom-house at Tamsui as at Canton and other Chinese ports, and that in consequence thereof, as the appearer verily believes, what is known as the "Grand Chop" is never issued at that place, and that the only clearance papers there issued are such as this appearer had on board at the time he sailed from the said port and was seized as hereinafter mentioned.
That this appearer proceeded upon his said voyage until the 19th day of January, 1874, and that when in the Lye-e-moon Pass, within 120 yards of the Island of Hong Kong, his junk was overhauled by the Chinese Customs cruizer stationed in the said Pass, when his papers were examined by an officer of the said cruizers, and although they were all in order, yet ostensibly because he could not produce the "grand chop " his jook was taken over to the Chinese side of the Pass, where it was detained until the 22nd instant, upon which day it and two other junks which had been also seized by the said cruizers, were taken up to Canton, where it has been detained to the present time, together with the crew, save this appearer, who was permitted to leave Canton on the 29th day of January, 1874.
And whereas the losses and damages which have and may happen to the said junk or vessel, her appurtenances and cargo, or any or either of them, have been wholly occasioned, as is hereinafter mentioned and set forth, and not by or through the neglect or default of the appearer or the owners of the said cargo:
Therefore the said appearer doth protest, and I, the said Notary, do also protest against the seizure of the said junk and her cargo, and all losses and damages and detri- ment occasioned thereby.
I, the said Ng Ming Ting, do solemnly and sincerely declare that the contents of the foregoing protest and statement are strictly true and correct; and I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisiona of an Act made and passed in the sixth year of the reign of his late Majesty King William IV, entitled, "An Act for the more effectual abolition of oaths and affirmations taken and made in various Departments of the State, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extrajudicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths."
(Signed) 'NG MING TING. (In Chinese characters.)
Thus declared and protested in due form of law at my office, Victoria, aforesaid, the day and year first above written.
Gentlemen,
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Before me,
(Signed) WM. H. BRERETON, Notary Public, Hong Kong.
Inclosure 5 in No. 3.
British Consulate, Canton, January 31, 1874.
I AM directed by Her Majesty's Consul to acknowledge the receipt of your letter of the 30th instant, inclosing the protest of Ng Ming Ting, master of the junk called the Kum-Hop-Sing," against the seizure of that vessel with her cargo by the Chinese cruizers stationed in the Lye-e-moon Pass, and to inform you in reply that the proper course in such a case is for the owners of the junk in question to petition the Colonial Govern- ment of Hong Kong, which will bring the matter, through Her Majesty's Consul, to the notice of the Chinese Government, if it deems expedient. I have, therefore, to return you the protest with his regret that he is unable to accept it.
Messrs. Caldwell and Brereton, Solicitors, Hong Kong.
I
am, &c.
(Signed) CHAS. GARDNER,
Acting Vice-Consul.
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to the conclusion that the vessel in question was legally seized in Chinese waters and under Chinese law for the following reasons:~~-
She had on board 520 lbs. of fine and 9,104 lbs. of coarse tea, besides sugar and other produce, and the master could show no export duty receipts for the same, and only a "lekin " or war-tax duty chop.
She was captured by the revenue cruizer in command of Captain Palmer, in whose judgment and sense of justice I have confidence.
The owners and master appeared at the office of the Superintendent of Customs, acknowledged the attempt to smuggle the goods into Hong Kong, and paid a fine for the release of junk and cargo, which were handed over to them.
Under these circumstances I consider it a case in which further interference is unnecessary.
The same may be said with regard to the seizure of the "Kum-Hop-Fung," which was brought to my notice in your despatch- No. 74 of the 14th February. The "Kum-Hop- Fung" was seized, not for carrying sugar to the Colony of Hong Kong, but for having evaded the export duty on the sugar; and as regards this junk having been captured by pirates in the river on her return to Hong Kong with a cargo of wood, the Viceroy informs me that inquiries are being instituted, but I am inclined to think there is not much truth in the story. The master of this junk and his Hong Kong agents have caused a great deal of trouble owing to their concealment of the real facts attending the seizure of their junk, in the hope, I believe, of getting off the payment of duties; and this second com. plaint appears to be of about as doubtful a character as the first. However, the master has his own Authorities to appeal to, and we are in no way his protectors.
I have, &c.
(Signed)
The Hon. J. Gardiner Austin,
Colonial Secretary, Hong Kong,
Inclosure 7 in No. 3.
B. ROBERTSON, Consul.
Statement of the Owner of the Junk, received from the Acting Registrar-General (Mr. Tonnochy) on the 22nd April, 1874.
NG MING TING, Master of the "Kum-Hop-Sing" junk, states:-"My vessel sailed from Tamsui, where there is no Customs station for clearance of Chinese junks. I have been engaged in trade to Hong Kong for seven or eight years, but never had my junk seized before this. My vessel was seized at the entrance to the Lye-e-moon by a Mandarin junk, and not by a foreign-built gunboat. There was no gunboat anchored there at the time. My junk is now at Canton. A partner in the Kwang-Cheung-Lung Hong, named Tong-Yik-Cho, when my junk was first arrested went up on my behalf to Canton to see if he could get my junk released. The Custom-house Authorities at that time asked for a ransom of 1,000 dollars, but after I had petitioned this Government to take up my case, and reference had been made to Her Majesty's Consul in Canton, the Customs Authorities informed Tong-Yik-Cho that now, in consequence of their having petitioned the Hong Kong Government, the junk would not be released under a ransom of 2,700 dollars. myself to Canton, with Tong-Yik-Cho, to see if I could get the last amount lessened. This was on the 10th instant. The Customs authorities told Tong-Yik-Cho, that instead of lessening the amount, they would increase it to 3,290 dollars, and if the ranson was not paid within two days, the goods and vessel would be sold and the crew imprisoned.
I went up
"Formosa is under the jurisdiction of the Fo-kien Authorities. If I sailed from Formosa with a cargo for Hong Kong, and had to put into Amoy through stress of weather, or any other reason, and did not while there break bulk, I would not be charged any duties whatever on continuing my voyage to Hong Kong. If I sailed from Formosa with a cargo for Amoy, I would be charged import duty, but not export duty.
(Signed) M. S. TONNOCHY,
April 15, 1874.
Acting Registrar-General.
Inclosure 6 in No. 3.
Sir,
Her Majesty's Consulate, Canton, March 25, 1874, In the case of the seizure of the " Kum-Hop-Sing" junk, reported in your despatch of the 11th of February, I have the honour to inform you that, after a searching inquiry into the case, both personally with, and by letters to, the Authorities, I have come