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4. Detailed vouchers with regard to the expenditure which was incurred on behalf of these men and which amounts in all to $677.50, are enclosed, and I am to ask you to be so good as to pay the equivalent of that sum at the current rate of exchange to the Crown Agents for the Colonies, to be placed to the credit of the Government of Hong Kong.

41290

No. 48.

I am, &c.,

C. P. LUCAS.

J. H. WELSFORD & CO., LTD., to COLONIAL OFFICE.

(Received December 6, 1904.)

[Copy to Governor, Confidential, and Board of Trade, December 16, 1904. L.F.]

[Answered by No. 50.]

DEAR SIR,

Gulf Transport Line, 17, Water Street,

Liverpool, December 5, 1904. WE are duly in receipt of your letter of 30th ultimo, and, in reply, we beg to state that the amounts referred to were already collected in Hong Kong from our agents, Messrs. Gibb, Livingston and Company, who have drawn upon us for these amounts, and which drafts we have duly honoured. For your guidance, we have received. receipted vouchers for these payments from your own officers, so that evidently the accounts have been rendered in duplicate.

Yours, &c.,

FOR J. H. WELSFORD & CO., LIMITED,

J. H. WELSFORD,

7

anaging Director.

27

discharged at Manila. The Articles of Agreement pledged the men to proceed to Manila and/or to any ports within 75° north and 60° south, but the contention of the men was that had they been aware that they would be required to carry contra- band to a belligerent's port, which had never even been hinted at, they would not have signed on.

4. Under these circumstances, and in the desire to avoid further local decisions which would embarrass His Majesty's Government, I telegraphed to enquire whether the Law Officers of the Crown had given a legal opinion in connection with a case

A reply has since been received.

of this description, and I requested the Marine Magistrate to postpone delivering his judgment until a reply was received. I have received no reply to my telegram.*

November 8, 1901.

M. N.

5. On the 28th ultimo, however, the Master of the S.S. "Bawtry" asked permission to withdraw the charge and be allowed to send the men home as distressed British seamen. This latter arrangement having been sanctioned in the case of the "Inkum," was agreed to in this case, and the men, 17 in number, are now in the Sailors' Home pending arrangements being made to send them to England. They refuse to sign off, and will claim their wages to date of arrival at home. A guarantee has been received from the Master on behalf of the owners- the Imperial Steamship Company, of Manchester-that the expenses of the men's maintenance while here and their passage home will be recoverable from the owners. Immediately after this transaction a Chinese crew was shipped and the vessel cleared on the 30th ultimo for Vladivostock.

6. In this instance no magisterial decision was given, owing to the withdrawal of the case. I still consider, however, that it is highly desirable that the opinion of the Law Officers in England on this question of the obligation of sailors to serve in ships carrying contraband of war in cases where they had no knowledge that this was proposed when they signed their articles should be communicated to me, in order that the Magistrate may have its guidance should further similar cases arise during the present war.

I have, &c.,

41763

No. 49.

M. NATHAN,

Governor, &c.

SIR,

GOVERNOR SIR M. NATHAN to MR. LYTTELTON.

(Received December 10, 1904.)

[Copy to Board of Trade and Foreign Office, December 16, 1904. L.F.]

(No. 393.)

Government House, Hong Kong, November 7, 1904.

I HAVE the honour to confirm my telegram of the 25th ultimo which was as follows [see No. 37]:-

2. This case came before the Marine Magistrate under the following circum- stances: On October 22nd the Master of the S.S. "Bawtry," Mr. H. R. Shotton, reported to the Harbour Master that he had cleared from Cardiff for Manila with 2,498 tons of coal, that he had replenished his bunkers at Port Said and Labuan, and that he had at the latter place received telegraphic instructions to discharge the cargo of coal not at Manila, as expected, but at Vladivostock. On learning this decision certain of the crew refused to proceed to the latter port, and the Captain had been instructed by telegram from England to proceed to Hong Kong and consult the authorities, and, if necessary, prosecute the men for refusal of duty. He had accordingly instituted the.prosecution.

3. The Harbour Master, in his capacity as Marine Magistrate, tried the case on the 24th October. The evidence taken was to the effect that until the telegram was received at Labuan the officers and crew had no knowledge whatever that the coal was intended for a belligerent port, and were under the belief it would be

• No. 47.

41290

No. 50,

COLONIAL OFFICE to J. H. WELSFORD & CO., LTD.

[Copy to Governor, Confidential, and Board of Trade, December 16, 1904, L.F.] GENTLEMEN,

Downing Street, December 14, 1904. I AM directed by Mr. Secretary Lyttelton to acknowledge the receipt of letter of the 5th instant with regard to the cost of the maintenance in Hong Kong of the crew of the S.S. "Inkum."

your

2. I am to explain that the Governor's despatches were understood to mean that these expenses had only been guaranteed by Messrs. Gibb, Livingston & Co. and not actually paid.

matter.

3. Mr. Lyttelton regrets that you should have been troubled unnecessarily in the

I am, &c.,

C. P. LUCAS.

† No. 43.

‡ No. 48.

20087

D 1

PUBLIC RECORD OFFICE

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Reference :-

C.O. 882

8

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

PUBLIC RECORD OFFICE, LONDON |