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of the Act by the seizure of the ship, or otherwise, should be committed to the Emigration Officers, or Officers of Customs exclusively, and that Naval Officers should not interfere.
In the 2nd case: My Lords are also of opinion that the search of a Chinese Passenger Ship, being British, in a Foreign Port, should be left to the Consular Officer there, and that Naval Officers should not interfere.
As respects the 3rd case; viz. That of a Chinese Passenger Ship, being British, met with on the high seas; the Officers in command of Her Majesty's ships are to deal with such vessels as follows:
Where no Emigration Papers whatever are produced, and where it also appears that the Passengers are suffering from ill-usage or neglect, the Officer in command of Her Majesty's Ship is, under the 8th clause of the Act, to seize the vessel, and to send her for condemnation to the nearest port where there is a Vice Admiralty Court; taking care in every instance to send the most ample proofs in his power, by declaration and otherwise, to substantiate the facts of the case; and taking all such further steps to ensure her condemnation and forfeiture, as if the vessel had been captured in War, or had been engaged in the Slave Trade.
It is to be understood, however, that an Officer thus seizing a vessel is not authorized to put the Master or crew under arrest, or to detain him or any of them against their will; though it would be desirable in each case, to obtain, if possible, the attendance before the Admiralty Court of the Master and of some portion of the crew.
Where, however, although there are no Emigration Papers on board, it does not appear that the Passengers are suffering from ill-usage or neglect, or where the Emigration Papers produced appear to have been forged, or fraudulently altered, or that the regulations prescribed by the Act for the comfort and convenience of the Passengers have been contravened, the Officer in command of Her Majesty's Ship is not to take any step for the seizure of the ship; but is, in accordance
3
with the 15th section of the Act, to make a full statement of the facts in a declaration, which should state the nature of the offence sought to be proved. As this document may be used as evidence in legal proceedings of a very penal character, it must be framed with great caution and particularity, and the circumstances of the case be stated as simply and with as much precision as possible: a duplicate of the declaration
is to be sent officially to the Governor of Hong Kong, and another duplicate to the Secretary of State for the Colonial Department.
In reference to the 4th point: If an Officer
in command of one of Her Majesty's Ships shall receive a requisition, in writing, signed by an Emigration Officer, Officer of Customs, or British Consular Agent, to give his assistance
in navigating to the nearest port where there is an Admiralty Court a vessel which shall have been seized by any of the said Officers, such Naval Officer is to furnish, provided the exigencies of the Service will admit of it, a sufficient crew for the above purpose. As this proceeding, however, is purely ministerial on the part of the Naval Officer, Her Majesty's Government will indemnify him for any expenses incident to this service, and for any damages
and legal charges which he may incur.
My Lords desire that you will, upon the receipt of this despatch, give the necessary instructions to the Officers in command of Her Majesty's Ships and Vessels under your orders, and desire them to act in conformity with the views herein expressed, so far as the exigencies of the Service, and the nature of the duty upon which they are employed, will permit.
You will further instruct them to transmit to you, for the purpose of being forwarded to this office, a report of any proceedings which they may adopt consequent hereon, and copies of all declarations which they may make.
I am, &c.
THOS. PHINN.
Gent
Foreign Office
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of the Act by the seizure of the ship, or other- wise, should be committed to the Emigration Officers, or Officers of Customs exclusively, and that Naval Officers should not interfere.
In the 2nd case: My Lords are also of opinion that the search of a Chinese Passenger Ship, being British, in a Foreign Port, should be left to the Consular Officer there, and that Naval Officers should not interfere.
As respects the 3rd case; viz. That of a Chinese Passenger, Ship, being British, met with on the high seas; the Officers in command of Her Majesty's ships are to deal with such vessels as follows:
Where no Emigration Papers whatever are produced, and where it also appears that the Passengers are suffering from ill-usage or neglect, the Officer in command of Her Ma- jesty's Ship is, under the 8th clause of the Act, to seize the vessel, and to send her for condem- nation to the nearest port where there is a Vice Admiralty Court; taking care in every instance to send the most ample proofs in his power, by declaration and otherwise, to substan- tiate the facts of the case; and taking all such further steps to ensure her condemnation and forfeiture, as if the vessel had been captured in War, or had been engaged in the Slave Trade.
It is to be understood, however, than an Officer thus seizing a vessel is not authorized to put the Master or crew under arrest, or to detain him or any of them against their will; though it would be desirable in each case, obtain, if possible, the attendance before the Admiralty Court of the Master and of some portion of the crew.
to
Where, however, although there are no Emi- gration Papers on board, it does not appear that the Passengers are suffering from ill-usage or neglect, or where the Emigration Papers produced appear to have been forged, or frau. dulently altered, or that the regulations pre- scribed by the Act for the comfort and con- venience of the Passengers have been con- travened, the Officer in command of Her Majesty's Ship is not to take any step for the seizure of the ship; but is, in accordance
3
with the 15th section of the Act, to make a full. statement of the facts in a declaration, which should state the nature of the offence sought to be proved. As this document may be used as evidence in legal proceedings of a very penal character, it must be framed with great caution and particularity, and the circumstances of the case be stated as simply and with as much pre- cision as possible: a duplicate of the declaration
is to be sent officially to the Governor of Hong- Kong, and another duplicate to the Secretary of State for the Colonial Department.
In reference to the 4th point: If an Officer
in command of one of Her Majesty's Ships shall receive a requisition, in writing, signed by an Emigration Officer, Officer of Customs, or British Consular Agent, to give his assistance
in navigating to the nearest port where there is an Admiralty Court a vessel which shall have been seized by any of the said Officers, such Naval Officer is to furnish, provided the exi- gencies of the Service will admit of it, a sufficient crew for the above purpose. As this proceeding, however, is purely ministerial on the part of the Naval Officer, Her Majesty's Government will indemnify him for any expenses incident to this service, and for any damages
and legal charges which he may incur.
My Lords desire that you will, upon the receipt of this despatch, give the necessary instructions to the Officers in command of Her Majesty's Ships and Vessels under your orders, and desire them to act in conformity with the views herein expressed, so far as the exigencies of the Service, and the nature of the duty upon which they are employed, will permit.
You will further instruct them to transmit to you, for the purpose of being forwarded to this office, a report of any proceedings which they may adopt consequent hereon, and copies of all declarations which they may make.
I am, &c.
THOS. PHINN.
GENT
Fores Office
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