CO882-(2-3) — Page 442

PUBLIC RECORD OFFICE

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C.O.

882

Sir,

24

Inclosure 8 in No. 3.

The Junk "Kum-Hop-Sing."

Hong Kong, March 14, 1874. ON behalf of the owners of this vessel, and the cargo on board of her, which was illegally seized by a Chinese cruizer in British waters on the 19th January last, we beg leave to bring the matter, through you, before his Excellency the Governor. Some time after the seizure referred to, we forwarded a petition detailing the facts to his Excelleney, and, although we believe instructions were transmitted by him to Sir Brooke Robertson lo take action in the matter, nothing has been done as regards the restoration of the vessel and her cargo, which still remain at Canton.

The course taken by the commander of the Chinese cruizer (which was grossly illegal) and by the Authorities at Canton, who by the detention of the vessel have ratified his nét, has inflicted a great injury upon all persons interested in the property in question, and we trust, under the circumstances, his Excellency may be good enough to take some further steps in the matter, with the view of procuring the restoration of the vessel and her cargo to the rightful owners and for compensation for the illegal seizure and detention thereof.

We have, &c.

The Hon. J. Gardiner Austin, Colonial Secretary.

Gentlemen,

(Signed) CALDWELL AND BRERETÓN,

Solicitors for the Owners of the “Kum-Hop-Sing" and her cargo.

Inclosure 9 in No. 3.

Colonial Secretary's Office, Hong Kong, March 30, 1874.

I HAVE the honour to acquaint you, in reply to your letter of the 14th instant, that Her Majesty's Consul at Canton reports that after a searching inquiry into the case of the "Kum-Hop-Sing" junk, both personally with and by letter to the Chinese authori- ties, he has come to the conclusion that the vessel was legally seized in Chitiese waters and under Chinese law, because she had on board 520 lbs. of fine, and 9,104 lbs. of coarse tes, besides sugar and other produce, without any export duty receipt for the same.

I have sent the letter of Her Majesty's Consul to the Acting Registrar-General, in that they cause order that he may explain to the owners of the "Kum-Hop-Sing ' much trouble, and bring great discredit on their class by seeking to conceal or evade the truth.

I have, &c.

(Signed)

Messrs. Cardwell and Brereton,

&c. &c.

&c.

Sir,

J. GARDINER AUSTIN,

Colonial Secretary,

Inclosure 10 in No. 3.

Colonial Secretary's Office, Hong Kong, April 8, 1874.

25

Inclosure 11 in No. 3.

Re the junk "Kum-Hop-Sing.""

Sir,

WE have the honour to acknowledge receipt of your favour of the 30th ultimo,

Hong Kong, April 9, 1874. informing us that Her Majesty's Consul at Canton had reported that, after a searching inquiry into the seizure of this junk, he had come to the conclusion that the vessel was legally seized in Chinese waters, because she had certain cargo on board, in respect of which no receipt for export duty had been produced.

We have submitted that letter to the master and supercargo of the " Sing," and they deny most emphatically that the vessel was seized in Chinese waters; and, "Kum-Hop- as regards the receipt for export duty, they explain the want of it by stating that no export duty is payable at Formosa in respect of goods exported by Chiuese from that place.

With respect to this statement respecting the export duty, that is a question of fact which can be readily cleared up. If the statements of our clients are true, which they assert most positively, there could have been no pretext whatever for the seizure that has been made. With the view of clearing up the fact, we are making inquiries in the proper official quarters, and hope in due course to be able to submit to you complete proof of our clients' statement.

In the meantime we are requested by the owners of the junk to pray that his Excel- lency the Governor will be good enough to instruct Her Majesty's Consul at Canton to endeavour to have the confiscation and sale of the junk postponed for some days more, to enable them to adduce the proofs we`refer' to.

The Hon. J. Gardiner Austin, Colonial Secretary.

Sir,

We have, &c. (Signed)

CALDWELL AND BRERETON.

Inclosure 12 in No. 3.

Colonial Secretary's Office, Hong Kong, April 22, 1874.

I'AM desired by his Excellency the Governor to acquaint you, in reference to your last communication respecting the "Kum-Hop-Sing" junk, that Her Majesty's Consul at Canton is willing, as an exception, to receive and refer to the Haikwan any further evidence you may have to adduce.

Sir Brooke Robertson will, however, require the presence at Canton of both the owners and the master of the junk, for the purpose of being examined by their own autho- rities, and proving their own case; and you will be good enough to tell them that in the event of its being shown that they were engaged in a smuggling transaction, they must not look for any protection from Her Majesty's Consulate.

I have, &c. (Signed)

Messas. Caldwell and Bruton,

&c.

&c.

&c.

J. GARDINER AUSTIN,

Colonial Secretary.

BY desire of his Excellency the Governor I have the honour to inclose, for your information, a further communication received from Messrs. Caldwell and Brereton in reference to the "Kum-Hop-Sing" junk.

Sir Brooke Robertson, C.B.,

I have, &c. (Signed) J. GARDINER AUSTIN,

Colonial Secretary.

Her Majesty's Consul, Canton.

3 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. COPYRIGHT PHOTOGRAPH-NOT TO

Sir,

: Inclosure 13 in No. 3.

Her Majesty's Consulate, Conton, April 16, 1874.

I HAVE the honour to acknowledge the receipt of your despatch of the 8th instant. inclosing, for my information, a further communication from Messrs. Caldwell and Brereton, in reference to the "Kum-Hop Sing junk.

"

Having decided this case on the evidence adduced, it is inconvenient to renew the inquiry, as there may be, apparently, no end to it. I am willing, however, as an exception, to receive any further evidence Mesars. Caldwell and Brereton have to adduce, and refer it to the Haikwan. Ishall, however, require the presence at Canton of both the owners and the master of the junk, for the purpose of being examined by their own authorities, and

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