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PUBLIC RECORD OFFICE

Reference :-

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C.O. 882

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2. I also enclose a report by the Police Magistrate, Mr. F. A. Hazeland, who tried the crews on the 15th and 17th instant for combining to disobey lawful orders, to neglect duty, and to impede the navigation of the steamers, and sentenced them in each case to three weeks' hard labour.

3. The case of the steamship "Lincolnshire" referred to in my telegram was one in which nine firemen were tried by the same magistrate on a similar charge. and only differed from the other cases in that there had been an unconfirmed report in the interval that war vessels had left Vladivostock. The men were discharged.

4. As it appeared to me that if probability of capture or exceptional personal danger to the crews existed in any of these cases, it was due rather to the presence of fast belligerent cruisers in the waters South of Hong Kong than to the possibility of such vessels being free in Northern waters, I considered that the leniency shown to the men tried on the 18th should be extended to those that had been convicted on the 15th and 17th. I accordingly, after consulting the Attorney-General, ordered the release of the crews of the "St. Helena" and "Battersea Bridge," as reported to you.

5. As you are aware, conflicting decisions have been given in different parts of the Empire as to how far men were justified in refusing duty on vessels carrying contraband of war to ports of belligerent nations when the nature of the trade or the destination of the vessels was not expressly mentioned in the men's agreement and, as far as I know, no final decision to govern these cases has been given by the Courts in England. In these circumstances the judgments given by the magistrates here have been guided by the circumstances existing at the time when the men refused duty. Only when there has been reasonable probability of capture or exceptional personal danger has it been considered that refusal to go to a port within the geographical limits specified in the agreements was justified. This view seems to me to be a reasonable one.

I have, &c.,

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the navigation of the steamer (Ord. 10 of 1899, sec. 9, sub-sec. 5 (g)). The facts of the case were as follows:-The defendants signed on at Liverpool for a voyage and (or) any port within the 75 deg. north latitude. The steamer came into port on the 14th April last at 5.30 p.m. On that day at 11.15 a.m. the defendants refused to proceed to Japan. The defendants told the Captain they had signed for Hong Kong, and did not wish to run the blockade. The steamer was carrying coal. The defendants in their statements to me stated they were not willing to go to Japan. In this case I also consulted the Harbour Master who advised me that on Saturday. the 15th instant, at 4 p.m., there was absolutely no risk in proceeding to Japan. I therefore convicted the defendants, and sentenced each to three weeks' hard labour.

F. A. HAZELAND,

Police Magistrate.

17564

No. 57.

STRAITS SETTLEMENTS.

MR. LYTTELTON to GOVERNOR SIR J. ANDERSON. (Sent noon, May 24, 1905.) TELEGRAM.

[Answered by No. 58.]

Report

Question asked in Parliament as to imprisonment crew Parthania." fully by telegraph. Am asked if they can be released if imprisoned for refusing to carry contraband of war.

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PUBLIC RECORD OFFICE, LONDON

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

Enclosure in No. 56.

M. NATHAN,

Governor, &c.

17564

Government House, Hong Kong, April 20, 1905. Re s.s. "St. Helena,"

HONOURABLE COLONIAL SECRETARY,

THE defendants, 22 members of the crew, were charged before me on the 15th April with combining to disobey lawful orders, to neglect duty and to impede the navigation of the S.S. "St. Helena" (Ord. 10 of 1899, sec. 9, sub-sec. 5 (g) ), The facts of the case were as follows:--On Friday, the 14th instant, the steamer arrived at Gap Rock, and the Captain then got orders to proceed to Nagasaki. The Captain then advised the crew of the fact. At 11.30 a.m. some of the defendants came on the bridge and wished to know where the ship was going to, and were again told Nagasaki. They then said they did not wish to go to Japan, as the country was at war and they were carrying contraband. At 12 noon the crew refused to go on. On being called on the bridge the defendants refused to do any further work. The Captain after consultation with his officers again sent for the defendants. The defendants again refused to work. In consequence of this last refusal the Captain was compelled to abandon the voyage and come to Hong Kong. The steamer was carrying a cargo of coal. The defendants in their statements before me stated they refused to go to Japan with coal. After consulting with the Harbour Master I was of opinion that there was absolutely no risk to go to Japan when the defendants refused duty on the 14th April, 1905, at 11.30 a.m. I therefore convicted the defen-

dants, and sentenced each to three weeks' hard labour. The Harbour Master also informed me that the practice he had always followed in like cases was to convict members of the crew when he was absolutely satisfied there was no risk in proceeding on the voyage. The crew of the St. Helena had signed for Hong Kong and (or) any port within 75 deg. north latitude.

Re 5.S. "Battersea Bridge."

The defendants, 14 members of the crew, were charged before me on the 17th April last with combining to disobey lawful orders, to neglect duty and to impede

Annexure to No. 57.

HOUSE OF COMMONS, May 25, 1905.

Mr. ROBSON asked the Secretary of State for the Colonies, if he could state under what circumstances, and for what offence, some of the crew of the steamer 'Parthania,' owned by Messrs. Donaldson Brothers, have just been imprisoned at Singapore; and, if the men were imprisoned for refusing to carry contraband of war, will he take steps to see that they are released."

Mr. LYTTELTON, in reply, said: "I have no information on the subject, but

I have telegraphed to the Governor of the Straits Settlements for a report."

17927

[See No. 59.]

No. 58.

STRAITS SETTLEMENTS.

GOVERNOR SIR JOHN ANDERSON to MR. LYTTELTON. (Received 1.18 p.m., May 26, 1905.)

TELEGRAM.

accused signed at

Referring to your telegram of May 24th* "Parthenia Swansea for Hiogo viâ Natal; cargo kerosine.

At Natal asked for assurance that cargo not contraband, which was given. Ship arrived at Singapore 9th May. On 11th May, when on point of leaving, accused refused to embark, alleging contraband cargo, unless bonus £15 per man given. Master Attendant decided that oil flashing point 115 not contraband, and satisfied case not bonâ fide, but attempt to blackmail, sentenced to eight weeks' imprisonment and fine, two days' pay. Appeal pending will be heard next week. I see no grounds for interference.

• No. 57.

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-No. 59.