PUBLIC RECORD OFFICE
Reference :-
22
I am to add that as it appeared from the Board of Trade's letter of September 26th that questions of a similar character would shortly be brought before the Courts, of Law with a view to obtaining judicial decisions, Lord Lansdowne con- sidered that the moment was hardly opportune for consulting the Law Officers of the Crown in the matter.
I am, at the same time, to observe that the questions involved, which depend largely upon the interpretation of the Merchant Shipping Act, 1894, do not primarily involve international considerations at all, and seem to be rather within the special purview of the Board of Trade than of this Department.
Should, however, Mr. Lyttelton deem it desirable to obtain the views of the Law Officers of the Crown, or to request the Board of Trade to do so, Lord Lansdowne would be glad to be eventually furnished, for his confidential information, with a copy of any report or opinion which they may tender upon the subject.
SIR,
I am, &c.,
F. A. CAMPBELL.
Enclosure in No. 41.
(Circular. Treaty.)
Foreign Office, October 7, 1904.
I AM directed by the Marquess of Lansdowne to inform you that a case has recently arisen in which the crews of three British vessels arrived at Nagasaki with cargoes of coal have refused to work, on the ground that the ships were carrying contraband of war.
In the event of your being applied to for assistance in any similar case, you would do well to convene a Naval Court under Section 480 of " The Merchant Shipping Act, 1894," and thus incur no personal responsibility for any decision which may be arrived at.
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23
No. 43.
MR. LYTTELTON to GOVERNOR SIR M. NATHAN.
(Sent 5.45 p.m., November 4, 1904.) TELEGRAM.
[Copy to Board of Trade and Foreign Office, November 8, 1904. L.F.] [See No. 49.]
(Paraphrase.)
In reply to your telegram of the 25th ultimo as to case of S.S. "Bawtry." The matter is very doubtful. A Naval Court convened by the Consul at Yokohama to deal with the case of the S.S. "Ras Bera," a British vessel under Japanese charter, decided that the fact that the vessel was carrying contraband was no excuse for the crew refusing to work. The Court forfeited the wages of the men and discharged them from the ship. I understand that the Seamen's Union are about to bring an action for recovery of wages. On the other hand, see Times of September 10th for the case of the steamship "Cheltenham." In that case a Police Court upheld a claim for damages made by a member of the crew of the captured ship, the ground being that the owners had not informed the crew that the vessel was carrying contraband, and that they should have done so. An appeal is pending in this case.
33
In view of these pending actions the opinion of the Law Officers has not been asked, and the Board of Trade decline to express an opinion.
The Magistrate at Hong Kong must use his discretion and leave the parties aggrieved to appeal against his decision.
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5
C.O. 882
8
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
His Majesty's Consul,
36630
SIR,
No. 42.
I am, &c.,
F. A. CAMPBELL.
COLONIAL OFFICE to BOARD OF TRADE.
Downing Street, November 3, 1904. WITH reference to the letter from this Department of the 14th of October, t I am directed by Mr. Secretary Lyttelton to transmit to you, to be laid before the Board of Trade, the enclosed copy of a further despatcht from the Governor of Hong Kong with regard to the S.S. "Inkum."
2. Sir M. Nathan will doubtless state in due course whether any further expenses are incurred which will require adjustment under the arrangement agreed to by the owners of the vessel.
I am, &c.,
C. P. LUCAS.
No. 44.
GOVERNOR SIR M. NATHAN to MR. LYTTELTON. (Received November 7, 1904.)
(Confidential.)
SIR,
Government House, Hong Kong, October 5, 1904. IN continuation of my confidential despatch of 21st Septembert on the subject of the expenses incurred by the crew of the S.S. "Inkum," I have the honour to transmit, in triplicate, billst amounting in all to $424 for the board and lodging of 17 seamen at the Sailors' Home from the 8th September until the dates at which they were shipped from the Colony. As explained in my previous despatch, Messrs. Gibb, Livingston and Company have guaranteed under protest the payment of this
sum.
2. Six of the seamen were shipped on the S.S. "Merionethshire," which sailed on 24th September; six on the S.S. "Tydeus," which sailed on the 27th September; and six on the S.S. "Formosa," which sailed on the 30th September. In each case the seamen were shipped as distressed British seamen.
3. Eight of the crew of the "Inkum" still remain in this port awaiting an opportunity of shipment, and I will again address you on the subject when it has been possible to obtain a passage for these persons.
I have, &c.,
M. NATHAN,
Governor, &c.
• Enclosure 2 in No. 39.
† No. 35.
‡ No. 36.
• Nu. 37
† No. 36.
‡ Not printed.