PUBLIC RECORD OFFICE
C.O.
Reference -
882
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PUBLIC RECORD OFFICE, LONDON
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Inclosure 3 in No. 9.
Remarks by Her Majesty's Consul on Report by the Acting Colonial Secretary in re Hong Kong Blockade.
Acting Colonial Secretary's Report.
ON
The "San Tung Li" Junk Case.
the 24th November, 1874, the "San-tung-li-Junk," a vessel trading be- tween Kong Kong and Sham Chun (in the Canton River) had sailed from Sham Chun to Kap Shin-mun (entrance to Canton River) laden with a general cargo of pigs, fowls, sugar, &c. At this place she was stopped by a Chinnse cruiser commanded by two foreigners. She was detained four days and eventually released, with the loss, however, of the sugar and of a few ducks.
The Registrar-General who forwarded the petition containing the above facts remarked that the junk was a regular trader and was supplied with a special license. She had often before brought down raw sugar, but had never had to pay duty. The junk had been running backwards and forwards for seven or eight years.
The matter was thereupon reported to Her Majesty's Consul in letter No. 646 of 2nd December, 1874, and the document forwarded therewith, was eventually returned by him without comment.
The Search of a Vessel near Stone Cutters' Island.
On the 4th of March, 1875, the Harbour Master reported in Colonial Secretary's Order, that on the 26th February, a fishing boat numbered 2138H, while in the waters of the Colony, had been searched when a short distance from Stone Cutters Island, by a Mandarin junk lying off 'Sham Shin Po, just outside British jurisdiction.
Some calties of fish had been taken out of the boat when searched. The vessel making the search contained eleven men in uniform and flew the Chinese flag. It was witnessed by Mr. Mather of the Gunpowder Depôt.
This was reported to Her Majesty's Consul in despatch of the 11th March, 1875. He replied to the effect that the Viceroy, after making inquiries, had ascer- tained from the Chinese officers that they had not cruised in Hong Kong waters, nor had they been squeezing fishermen. The decision of the Viceroy was recommended to be accepted by Her Majesty's Consul, as a good deal of trouble had been caused to those complained against, and the loss sus-
Her Majesty's Consul's Remarks.
The "San Tung Li" Junk Case.
WITH regard to this case it is to be noted that sugar is a dutiable article and is not allowed to be exported except after paying export duty. The fact that the junk had for seven or eight years often brought down raw sugar without paying duty, only proves that she was accustomed to smug- gling. This was pointed out privately to the Colonial Secretary, and further the petition was returned to him to be amended, as it was addressed to the "Barbarian," i.e. British authorities. The petition not having been returned, Her Majesty's Consul was under the impression that the Colonial Government did not wish the case pro- ceeded with, and, therefore, took no steps in the matter. The document connected with the case was not returned officially by Her Majesty's Consul, but privately; and it is presumed that the remarks he made were not communicated to the Registrar-Gene- ral.
The Search of a Vessel near Stone Cutters' Island.
Her Majesty's Consul has no remark to which is make with regard to this case, stated perfectly correctly.
Colonial Secretary's Report.
tained by the fishermen had only been very small.
No further action taken.
The "Wing Cheung Lung" Junk.
The Petitioner in this case, whose name is Kwang tsze san of the Man wo Tseung shop, and who has been carrying on the business of Commission Agent in this Colony for some years, stated that on the 26th March the above-named junk was making a return trip to Liuchan with a cargo of cotton. She first proceeded in the direction of Cheung Chau in order to pay the regular duty, and she had got all ready the account sales, invoice, and manifest. The weather, however, was so bad that she was driven to Yang shu wan, in Hong Kong, instead of getting to Cheung Chau. Here she was stopped and seized by a Revenue junk under a charge of smuggling, and the junk with her cargo and manifest were sent up to Canton. Petitioner complained that Yung shu wan is within British territory, and that as the junk had not yet passed Cheung Chau, which is outside of Yung shu wan, it was rather premature to say she was smuggling.
This petition was forwarded to Her Ma- jesty's Consul in despatch of 17th April, 1875, with a hope expressed that the sale of the junk and cargo might be stayed, pending enquiries. The Consul answered in Colorial Secretary's Order 1404, of 3rd May, 1875, stating various suspicious cir- cumstances in the case, and suggesting that the Petitioner be sent to Canton. He further remarked that the punishment for this kind of smuggling was only confisca tion of junk and cargo. (In commenting on this, however, the Acting Registrar-Ge- neral stated that two of the crew had al- ready been arrested and tortured.)
In reply to the above Kwang teze san proceeded to Canton, armed with letter of 10th May, 1875.
(574)
17
Her Majesty's Consul's Remarks.
The "Wing Cheung Lung" Junk.
Kwang tsze san, the Petitioner, was the agent of the shippers, and was not on board at the time of seizure. He paid the master 30 dollars, and directed him to proceed to Cheung Chow to pay duties. The master, however, as was subsequently proved, at- tempted to evade the duty station in order to embezzle the money handed him by the Petitioner, and did not take the usual route. The allegation that the weather was bad on the 26th March was proved false by the evidence of all concerned, and by a reference to the weather tables as published in the Hong Kong Government "Gazette," the "Chinese Mail," and the "Hong Kong Daily Press." Yung Shu Wan is not within the Colonial jurisdiction, but is a bay west of Lamma Island; further, it was proved that the vessel was not seized in Yung Shu Wan at all, but to the south of Cheung Chow, and, consequently, beyond the duty station.
Immediately the case was brought to Her Majesty's Consul's notice, he obtained the consent of the Chinese authorities to his proposal that the case should be heard by a joint Court consisting of Her Majesty's Acting Vice-Consul, Mr. Gardner, and the Customs' Treasurer, Hai Jui. Some delay took place before the Court was held, and in the meantime the Acting Registrar-Gene- ral made a statement that two of the crew had been tortured. Only two of the crew had been imprisoned at all, and Her Ma- jesty's Consul at once wrote and asked that they might be sent to him. Both of them made a declaration before Mr. Gardner that they had never been tortured at all, but on the contrary, had been exceedingly kindly treated by the jailors. Their depositions were taken in the presence of Kwang tsze san, who told Mr. Gardner that he had never heard of any torture being employed. From what source the Acting Registrar- General obtained his information it is im- possible for Her Majesty's Consul to say.
The master having been proved to have attempted to smuggle, the junk was confis- cated, but Kwang tsze san, who is a most respectable man, and who had been deceived by the master into making erroneous state- ments, was given back his cargo. The decision was duly reported to the Hong Kong Government, and the Colonial Secre- tary in reply wrote as follows :—
"His Excellency the Administrator de-