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respondence with the Governor of Hong Kong respecting the sentence of imprison- ment passed at Hong Kong upon the crews of the "St. Kilda" and "Thyra" for refusal of duty on the ground that the vessels were engaged in carrying contraband of war to Japanese ports.

As Mr. Secretary Lyttelton will be aware, cases of this nature have recently been brought not only before the Courts of this country and of His Majesty's Colonies, but also before Naval Courts convened by His Majesty's Consular Officers in foreign ports under Section 480 of the Merchant Shipping Act, 1894.

It appears to His Lordship that confusion is likely to arise as a result of varying decisions of the several courts of first instance, before which these cases are heard; and I am to suggest, for Mr. Secretary Lyttelton's consideration, that it would be very desirable if, in the present instance a review of the magistrate's decision could be obtained by bringing the matter on appeal before whatever may be the proper appellate tribunal in such a case under the judicial system in force at Hong Kong.

I am, &c.,

23781

No. 67.

F. A. CAMPBELL.

MR. LYTTELTON to GoVERNOR SIR M. NATHAN.

(Confidential.)

SIR,

[Answered by No. 70.]

Downing Street, July 13, 1905.

I HAVE the honour to acknowledge the receipt of your telegram of the 19th ultimo, reporting the circumstances attending the imprisonment in Hong Kong of the crews of the steamships "St. Kilda" and "Thyra," and to transmit to you a copy of a lettert from the Foreign Office respecting the magistrate's decision.

I have to request that any action which it is competent for the local Courts to take in the direction suggested by the Foreign Office may be facilitated, though it is probably now too late for any appeal.

172745

35

Enclosure 1 in No. 68.

Mr. GLADSTONE, West Hartlepool, to GOVERNOR, Hong Kong, dated June 1, 1905. TELEGRAM.

"Thyra" present Hong Kong passage Japan. Captain cables authorities require crew leaving sailors home until vessel's return any supposed danger being over; please insist crew being compelled proceed destination.

SIR,

Enclosure 2 in No. 68.

Government House, Hong Kong, June 9, 1905.

I HAVE the honour to acknowledge the receipt on the 2nd instant of your telegram of the previous day requesting me to insist on the crew of the S.S. "Thyra " being compelled to proceed to that vessel's destination in Japan.

2. In this Colony, as I believe in other Colonies and in the United Kingdom, refusal of duty on the part of seamen is an offence dealt with in accordance with the law on the subject and it is not within the competency of the executive to direct the Magistrate to deal with a case in any particular manner.

3. In the case of 14 men prosecuted on the 5th instant by Captain A. Bain- bridge, before the Marine Magistrate, for impeding the voyage of the S.S. "Thyra," the Magistrate decided that the fact that that vessel was carrying conditional con- traband consigned to private firms in Japan was not, in view of the known circum- stances at the time of the Russian ships in Far Eastern waters, sufficient to justify the men's refusal of duty and accordingly sentenced them to three weeks' im- prisonment.

4. I am informed that an appeal is being made against this judgment.

Arthur Gladstone, Esq., Surtees Street,

I have, &c.,

M. NATHAN,

Governor, &c.

24720

No. 68.

I have, &c.,

ALFRED LYTTELTON.

24964

West Hartlepool,

England.

No. 69.

SIR,

GOVERNOR SIR M. NATHAN to MR. LYTTELTON.

(Received July 15, 1905.)

[Acknowledged by 24964, July 25, 1905 : No. 146; not printed.]

(No. 152.)

GOVERNOR SIR M. NATHAN to MR. LYTTELTON.

(Received July 17, 1905.)

[Acknowledged by 24964, July 25, 1905, No. 146: not printed.]

(No. 161.)

SIR,

Government House, Hong Kong, June 9, 1905.

I HAVE the honour to transmit, for your information, a copy of a telegram received on the 2nd instant from Mr. Arthur Gladstone, of West Hartlepool, owner of the S.S." Thyra," on the subject of a refusal of duty on the part of the crew of that vessel and a copy of my reply of to-day's date.

I have, &c.,

M. NATHAN,

Governor, &c.

Government House, Hong Kong, June 16, 1905. IN my despatch, No. 152, of the 9th instant,* I transmitted, for

your informa- tion, copies of correspondence with Mr. Arthur Gladstone, from which you will have learnt that 14 men of the British S.S. "Thyra" have been sentenced to three weeks imprisonment for refusal of duty, this refusal, on account of the ship carrying con- ditional contraband to Japan, not being held by the Marine Magistrate to be justified, in view of the known circumstances at the time of the Russian warships in Far Eastern waters.

2. On similar grounds 20 men of the British S.S. "St. Kilda" had received a like sentence on the 3rd instant.

#

3. As you are now aware the "St. Kilda

was actually sunk by the Russian Volunteer Ship "Dnieper" not far from this port on the 5th instant.

• No. 61.

↑ No. 66.

• No. 68.

PUBLIC RECORD OFFICE

Reference :-

C.O. 882

PUBLIC RECORD OFFICE, LONDON

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