Enclosureß.
43
Extracts from the Daily Press of 29th Auge : 1, 1888.
FOREIGN MAIL STEAMERS ORDINANCES. The ATTORNEY-GENERAL—I have to move the first reading of a Bill entitled the French Mail Steamers Ordinance Continuation Ordin- ance, 188. The object of this Ordinance is to continue in force until the 1st November, 1889. Ordinance 6 of 1880, entitled an Ordinance to make temporary provision for securing the status of French mail steamers in the port of Hong. kong.
The COLONIAL SECRETARY seconded, HIS EXCELLENdy suggested that the Ordin- aness with reference to both mails should be taken together.
The ATTORNEY-GENERAL, then moved the first reading of the German mail steamers Ordinance continuation Ordinance 1888, the ob- jeet of which is to make the same provision with regard to German mail steamers as is done for French mail steamers by the French Ordinanes. The COFONIAL SECRETARY secondod, and both Ordinances were read a first time.
The standing orders of Council were then sus- pended in order that the Bills might be passed through the other stages, as the existing Ordin- ances expire on the 1st September.
His EXCELLENCY-It may be as well to state at this stage that I have received no further in- structions about this matter. I have not paid
any
measure
On
Very great attention to the subject, because I regarded the matter as an interna- tional one connected with the treaties with for- eigo powers, and that therefore any opinion of mine could have no weight. My attention, how. over, has recently been called to the fact that there is a
very strong opposition to this the part of the community. I used hardly say that I shall forward at the earliest opportunity to the Secretary of State such objections, if I receive them in writing, giving my opinion as the case may warrant. As, however, I have received no further instructions on this subject I must take the old ones, and I have no option whatever but to do my utmost to pass these bills.
The ATTORNEY-ĜE ERAL moved the second reading of the French Bill.
The COLONIAL SECRETARY second.d.
Hoù. P. RYRIE-I rise to oppose the secoud reading of these two Ordinances. It is well known in the Colony that a strong objection is entertained by the other shipping companies in the China trade to those special privileges. They think tha: these foreign mail companies bave no right to have them, and they see no i reason whatever why these exceptional rights should be given to commercial companies--which are private companies and are opposing them in the freig terrying to the East--to their vory greut détriment A petition is now in course of being framed in the Colony on the subject to be sent to Her ajesty the Queen. I bave a rough draft of it in my hand. It is drawn up by a legal fund and clearly points out that the postal convention with France of 1856 gives these com- panies no right whaterer to these concessions. It refers merely to the postal packets crossing the Channel between Calais and Dover and to the postal packets that carry the mails to Al geria. It does not in any way, in the opinion of the framer of the petition, and also in the opinion of leading geutleinen of the shipping interest in this Colony, give the mail steamers that come here any right whatever to those privileges. Unfortunately the gentleman who previously occupied the chair which your Excellency so ably fills made a statement which I regret very much. It Was made by your predecessor while Administrator of the Colony; and when he made that statement I am quite sure he believed it to be true. But the Cham- ber of Commerca has receive ample proof that there was no truth in it. He said he was informed that in all the British colonies sast of the Cape no mercantile conuiuuity had raised any objection to these Ordinances. We have ; now proof which will be submitted to your Ex- rellonoy that the Chambers of Colombo, Madras, Raugoon, and various other colonies have taken strong objection to such Ordinances, and that the Chambers of Commerce of the Australian colonies utterly ignore such a thing; they never heard of it. It was further stated by the gentle- men who occupied for a time the position of my | hon. friend on the left (the Attorney-General)
and when he made that statement I am perfectly certain to believed it was correct--that the steamers of the P. & O. Company at the port of Marseilles have like privileges to those granted here to the French steamers. I am assured by the Superintendent of the P. & O. Company, and all connected with that old and honourable Company, that they have not and never had such privileges. Further I will state that the gen- tlemen, the very estimable gentlemen who re- prosent here the two foreign mail Companies who have those privileges, say that the furtbest thing from their wishes is that any privileges they got here should interfere with the action of the law in this Colony. Now, I was informed only this morning of a recent case, which I ua- derstand to be correct, of a warrant having been I tried to be serred on board one of those steamers having these privileges. I will not say whether it was French or German; I will let representa- tives of either of these Governments come forward and assent to it or deny it. The facts are these. A warrant was issued for the apprehension of a fugitive debtor who was going by one of these vessels. The officer of the Court request- ed the Consul to countersigu this warrant. He imperatively and emphatically declined to do so. What does the creditor do ? He sends the bailiff on board the steamer telling him to be very cautious as to how he proceeds and not to dis- close what his office is antil an opportune mo- ment arrives. The bailiff waited for some time on board and at last thought that the opportune moment was come. As the steamer was leaving
he tapped the gentleman on the shoulder and said that he was wanted. The man was going with him, was actually going down the ladder, when this Consal saw him and immediately called the attention of the Captain to the fact, saying "Your rights as a man-of-war are being infringed; prevent this; and the un- fortunate bailiff was obliged to relinquish his man aud get away in the quickest manner possible. He migt have fallen off the ladder and been drowned for all the people on board cared. If this is not an interference with the sovereign rights of this colour I do not know what is. Yot these gentlemen say they have no wish to inter- fere with these rights. Well, here is a ense at point. I do not know whether it has been brought to the attention of the Government or not. It. is a material fact. The rights of a man-of-war are something very large, and why we should give these people these rights in opposition to these Chambers of Commerce who have written on this subject and the whole shipping com. wunity of this port I fail to seo. It is clearly shown in the petition that is being framed that the Convention of 1856 does not entitle them any such concessiou.
The ACTING CHIEF JUSTICE-Can the hon. member state when this event took place?
Hon. P. RYRIE-I was not informed. Re cently, I believe.
The ACTING CHIEF JUSTICE-Because I think I should have probably heard something of it. This is the first I have heard of it, or of any such occurrence on board one of these ships.
Hon. P. BARIE-What about the Roud and Ave case.
The ACTING CHIEF JUSTICE-That is many years ago-1874. At all events, I know of no such case as you have mentioned. I think it very unlikely that it would not be reported to If that bailiff went on board either the French or German mail steamers without having the warrant backed by the Consul he did what is contrary to his instructions.
ine.
Hon. P. RYRIE-The Consul refused most emphatically to sign it.
The ACTING CHIEF JUSTICE-I understand that he went on board the steamer to arrest a man contrary to orders, and that the Consul pre- vented him. If his warrant was not counter- signed by the Consul he had no right to arrest the man, and was acting contrary to orders. I may add that I have never known a case where the Consul refused his signature.
His EXCELLENCY-I scarcely think the case the Hon. Mr. Ryrie has cited can be regarded as affecting injuriously the principle of these Ordinances until we know particulars, the names and dates, and can get the whole of the facts. No doubt the hon. member has been informed correctly, but the Government knows nothing
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