2
him, at the request of a member of your department, on the subject of the alleged refusal of the authorities in that Colony to allow legal proceedings to be taken against the crew of the steamship "Inkum" under Section 225 of the Merchant Shipping Act.
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No. 4.
I am, &c.,
H. BERTRAM COX.
MR. LYTTELTON to GOVERNOR SIR M. NATHAN. (Sent, at the request of Board of Trade, 5.20 p.m., August 5, 1904.)
TELEGRAM.
[Copy to Board of Trade, August 9, 1904, 27746, 3 P.N.] [Answered by No. 5.]
Your telegram of 28th July.* Did magistrate refuse to try crew, or did he refuse to convict after trial?
30358
3.
No. 7.
GOVERNOR SIR M. NATHAN to MR. LYTTELTON.
(Paraphrase.)
(Received 10.5 a.m., August 28, 1904.)
TELEGRAM.
[Answered by No. 9.]
Your telegram of August 26th* re steamship "Inkum." The Harbour Master, on being applied to by the master of the vessel, pointed out that as the men's agree- ment did not disclose nature of service they could not be dealt with for refusal of duty. This amounted practically to refusal of summons, and there were no further pro- ceedings. The case was then referred to the Attorney-General, who concurred generally in the view of the Harbour Master, adding that every case arising in future must be considered on its own merits and determined, inter alia, by the terms of the agreement under which the men shipped, and by the terms of the agreement itself.
Mr. May then endorsed the action of the Harbour Master.
In Mr. May's telegram of July 28th, and my despatch of August 3rd,f the words "declined to entertain charge" should be substituted for "declined to convict."
27746
30358
No. 5.
GOVERNOR SIR M. NATHAN to MR. LYTTELTON. (Received 8.25 a.m., August 7, 1904.)
TELEGRAM.
[Copy to Board of Trade, August 9, 1904, 27746: 3 P.N.]
[Answered by No. 6.]
In reply to your telegram of yesterday's date,† Magistrate expressed opinion that no case.
Master did not proceed to trial.
SIR,
No. 8.
COLONIAL OFFICE to BOARD OF TRADE. [Answered by No. 10.]
Downing Street, August 30, 1904. I AM directed by Mr. Secretary Lyttelton to transmit, for the information of the Board of Trade, a paraphrase of a telegram, sent, at the request of your depart- ment, to the Governor of Hong Kong with regard to the steamship "Inkum," together with a paraphrase of the Governor's reply.‡
2. The despatch to which Sir M. Nathan refers has not yet been received.
I am, &c.,
C. P. LUCAS.
27746
No. 6.
30358
No. 9.
MR. LYTTELTON to GOVERNOR SIR M. NATHAN.
(Sent, at the request of the Board of Trade, 12.20 p.m., August 26, 1904.)
TELEGRAM.
[Answered by No. 7.]
Your telegram of 7th instant. Matter most urgent. With regard to the steam- ship "Inkum." Did the harbour master refuse in the first instance to issue a summons in consequence of instructions received from the Officer Administering the Govern- ment? Was a summons subsequently issued, and was the case ever judicially con- sidered by the Magistrates' Court? Who advised that the crew could not be convicted for refusal of duty on the ground that the "Inkum was carrying contraband of war?
MR. LYTTELTON to GOVERNOR SIR M. NATHAN.
(Sent, at request of Board of Trade, 5.50 p.m., September 1, 1904.)
TELEGRAM. [See No. 12.]
"Inkum." Referring to your telegram of 28th August, Board of Trade cannot accept opinion that crew not bound to proceed to Japan. Opinion is giving rise to difficulties in this and other cases. Owners bold Hong Kong Government responsible for losses they are sustaining. Steps should be taken to terminate deadlock, and as owners will not take crew to South Africa, would it not be possible to find men another ship coming home, leaving parties to legal remedies on arrival?
• No. 2.
† No. 4.
+ No. 5.
• No. 6.
† Nos. 2 and 27.
‡ No. 7.
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