39378
(No. 366.)
24
No. 45.
GOVERNOR SIR M. NATHAN to MR. LYTTELTON. (Received November 18, 1904.)
[Copy to Board of Trade, November 23, 1904. L.F.]
SIR,
Government House, Hong Kong, October 17, 1904. I HAVE the honour to acknowledge the receipt of your despatch, No. 268, of 8th September,* and, in accordance with your instructions, I transmit a report by the Harbour Master on the circumstances which led to the discharge of the firemen of the steamer "Auchenardin," in consequence of his declining to convict them of refusal of duty for not proceeding on the vessel when they learnt that it was to carry contraband of war to Japan.
2. The facts of the case are very similar to those connected with the crew of the S.S." Inkum.'
19
25
The men's wages were paid up to the date of discharge, their expenses whilst waiting in the Sailors' Home from 7th to 21st July being disbursed out of the The accounts will appear in the Board of Trade Quarterly Account ending 30th September.
same.
I would add that the view I took was upheld by the legal authority of this Colony, and also, that by letters received from the Master Attendant at Singapore, I learn that in a similar case there the Attorney-General ruled that the men could not be compelled to proceed.
In the event of any more vessels arriving here in similar circumstances, I submit that I may receive instructions as to what action should be taken.
October 10, 1904.
►
39762
L. BARNES LAWRENCE,
Harbour Master, &c.
PUBLIC RECORD OFFICE
Reference :-
C.O. 882
8 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Enclosure in No. 45.
HONOURABLE COLONIAL SECRETARY,
+6
I have, &c.,
M. NATHAN,
Governor, &c.
THE case of these nine firemen is very similar to that of the crew of the Inkum," already made the subject of report.
The facts are as follows:-
1. On the 6th July last the Master of the "Auchenardin " informed me that he was experiencing difficulty with his firemen, inasmuch that they, having learnt that the vessel was to proceed to Japan with coal for that Government, had refused to go in her on the ground that by the terms of their agreement they were not parties to running the risks involved thereby.
2. I examined the agreement, on which there was no indication that the men were to be employed on other than ordinary service, and this fact, coupled with a statement by the men whom I interviewed that they were only made aware on arrival at Hong Kong that their vessel was to carry coal-declared by Russia to be contra- band of war to Japan, led me to form the following conclusion:
3. That to punish the men for refusal of such duty-it not having been specially agreed to-or to compel them to proceed in the ship, appeared to me an act that might lay this Government open to the charge of having to the extent above mentioned aided a belligerent Power.
4. Also, in reviewing the position maintained by the men, the cases of Burton d. Pinkerton, 2 Ex. 340, and O'Neil v. Armstrong, Mitchell & Co. (1895), 2 Q.B. 70 and C.A. 418, appeared to me applicable in determining how to deal with the matter.
5. Accordingly, I informed the Master that I was unable to interfere, and suggested that as the question was one that, in my opinion, lay between employer and employed, he should wire to the owners for instructions. At the same time J pointed out that a bonus offered for the venture might probably meet the exigencies of the case. Later the Master informed me that his inducement in the form of extra pay had not affected the men's decision, and that he had therefore decided to discharge them. I consented to this under the usual conditions appertaining to the discharge of men here, viz., a guarantee that the men's passage to England must be assured, which was done, and the men proceeded home in the German S.S. "Roon," on the 21st July.
• No. 24.
No. 46.
GOVERNOR SIR M. NATHAN to MR. LYTTELTON. (Received November 21, 1904.)
(Confidential.)
SIR,
Government House, Hong Kong, October 21, 1904. In continuation of my despatch of 5th October,* on the subject of the expenses incurred by the crew of the S.S. "Inkum," I have the honour to transmit, in triplicate, bills amounting to $202.40 for the board and lodging of six of the crew who were shipped from this port in the S.S. "Japan" and "Patroclus." The two remaining men of the crew were shipped as distressed British seamen on the S.S." Achilles," and I transmit further bills for $51.10 for expenses incurred by these two persons.
39762
No. 47.
I have, &c.,
M. NATHAN,
Governor, &c.
COLONIAL OFFICE to J. H. WELSFORD & CO., LTD.
[Copy to Governor, Confidential, and Board of Trade, December 16, 1904. L.F.] [Answered by No. 48.]
GENTLEMEN,
Downing Street, November 30, 1904.
I AM directed by Mr. Secretary Lyttelton to inform you that he has now received from the Governor of Hong Kong despatches† giving an account of expenses incurred on behalf of the crew of the S.S." Inkum."
2.
It appears that the expenses incurred from the 23rd of July to the 6th of September, amounting in all to $1,324.05, were paid locally by Messrs. Arnhold Karberg and Company. No expenses were incurred on September 7th, as on that day the men were temporarily replaced on board the vessel.
3. Expenses incurred from September 8th up to the various dates on which the men were sent home as distressed seamen were guaranteed under protest by Messrs. Gibb, Livingston and Company, Six of the men were shipped on the S.S. "Merionethshire" on September 24th; six on the "Tydeus" on September 27th; six on the "Formosa" on September 30th; six on the "Japan" and the "Patroclus," apparently on October 12th; and the remaining two by the S.S. "Achilles," apparently on the 19th October.
• No. 44.
† Nos. 44 and 46.
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