Mr. Mercer
The Mt. Horth R. Cardwell
Inclosure
N. 131.
Received
proceedings of a
Consequent upon
Transmitting Notification
the
Naval
of the Folkien"
to enquire into the lows
"Court holden al-Shaughne
187
No. 136.
GOVERNMENT NOTIFICATION.
Official publicity having been given to the Minutes and finding of a Naval Court holden at Shanghai on the 25th Ultimo to enquire into the loss of the British steainer Fohkien, and an imputation being cast on this Government in the concluding paragraph of such finding, His Excellency the ACTING GOVERNOR directs the publication of the correspondence which has necessarily resulted.
Surprise is expressed by the Court "at the Hongkong Authorities permitting a British vessel to "continually leave that port without such certificated Officer."
In this the Court was manifestly ignorant of the provisions of the Merchant Shipping Act 1854 under which it sat, and from which alone it derived its authority.
The point as to the requisition of Certificates from Officers of the Mercantile Marine serving in British Ships on the Coast of China is conclusively settled by a Despatch from the Board of Trade dated 18th December, 1863, and published in the Hongkong Government Gazette of 12th March, 1864. The last paragraph of that Despatch will be found on reference to the Gazette to run thus: Lastly I am to point out that the Imperial Act requiring the production of Certificates applies only "to Vessels entering or leaving Ports in the United Kingdom, and that consequently there is nothing "in that Act to prevent a Vessel clearing from one Port in the East to another with a Master who "does not possess a Certificate,”
But the Legislature of Hongkong has supplemented the action of the Imperial Parliament as far as lay in its power and while it could not interfere with the provision above quoted, it has by section 5 of Ordinance 1 of 1862 given Vessels requiring change of Master the same protection as is given by the Imperial Act to those belonging to the United Kingdom.
Thus while it necessarily passes by all Ships navigated as the Merchant Shipping Act requires, it insists on Certificate of Service or Competency whenever the special action of the Harbor Master of Hongkong is called for in putting the name of a new Master or Mate on the Ship's Register.
In this case of the Fokkien it will be noticed that the name of "W. O. JOHNSON" was in Hongkong refused inscription on the Register on the ground of want of Certificate, and that on arrival at Shanghai the Consular Officer there placed W. O. JOHNSON's name on the Register, from which it was not competent for the Authorities of the Colony to remove it on the Vessel's return.
In so doing the Consular Officer acted in perfect accordance with the Merchant Shipping Act 1854 as above shown, but is singular that the Consular Officer who formed one of the Court was unacquainted with the facts as above stated, and that all the Members affixed their signatures to a finding which affects to censure this Government for not doing what it could not do, and ignores the fact that the Hongkong Legislature has taken all the means in its power to prevent vessels sailing without certificated Officers.
In Hongkong W. O. JOHNSON was refused command of the Folkien; in Shanghai he was made and lawfully made Master of that Ship. Having been so made it was not in the power of the Hongkong Authorities to interfere with the arrangement.
The conduct of the Naval Court is the less excusable as it appears that their error was pointed out to them, and that they notwithstanding gave it Official publicity and forwarded it to the Board of Trade. For the information and consideration of the Board of Trade a Copy of this Notification will be forwarded to The SECRETARY OF STATE FOR THE COLONIES.
By Order,
Colonial Secretary's Office, Hongkong, 29th August, 1865.
W. H. ALEXANDER, Acting Colonial Secretary.
(Copy.)
No. 619.
COLONIAL SECRETARY'S OFFICE, HONGKONG, 5th August, 1865,
SIR,On the supposition that the finding or a Copy of the finding of the recent Naval Court held at Shanghai to enquire into the loss of the Steamer Fokkien of this Port may be on record in the British Consulate I have the honor to ask for certified Copy of the same, but should it not be, I shall be much obliged to you for any information as to where such Copy can be obtained.---I have, &c.,
W. H. ALEXANDER, Acting Colonial Secretary.
C. A. WINCHESTER, Est,
(Signed)
Her Britannic Majesty's Consul, Shanghai.
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