CO129-253 - Public Offices & Others - 1891 — Page 110

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

115

proceedings against Mr. Mason, but to endeavour to induce him to make as complete a disclosure of the whole circumstances as possible.

Mr. Bredon proposed to me that I should direct some member of the Consular staff to be present at the inquiry, and indeed pressed me to do so. This, however, I declined, as I had previously declined to be present myself at the examination.

I believe that a prolonged inquiry was held that day at the Custom-house by the Taotai and the Commissioner, but I have no information of what took place. Mr. Mason is now, I understand, living at one of the hotels.

No charge of any kind has been preferred against him in the Court, and I do not suppose that the Chinese authorities will now prefer any. It becomes a question, however, whether proceedings should not be instituted against him for having dynamite (5 lbs., as Mr. Allen informs me) in his possession. Under section 4 (1) of 46 Vict., cap. 3 ("The Explosive Substances Act, 1883"), "Any person who ... knowingly has in bis possession, or under his control, any explosive substance under such circumstances as to give rise to a reasonable suspicion that he . does not have it in his possession or under his control for a lawful object, shall, unless he can show that be..

had it in his possession, or under his control, for a lawful object, be guilty of felony, and, on convic- tion, shall be liable to penal servitude for a term not exceeding fourteen years, or to imprisonment for a term not exceeding two years, with or without hard labour."

I am accordingly telegraphing to you the substance of this letter, and asking your directions as to whether the Crown Advocate should be instructed to take criminal proceedings against Mason. I imagine that there will be no difficulty in procuring evidence, apart from what the Customs officers could give, as to the dynamite being found in his possession at Chinkiang, which is all that the prosecution would have to prove, as, by the terms of the Act, the burden of proof as to the lawfulness of his object is cast upon him.

I shall send a copy of this, and my previous letter on the subject, to the Secretary of State by the outgoing mail.

I have, &c.

(Signed)

R. A. MOWAT.

P.S.-As showing the frequency of the attempts which are now made to smuggle arms, I may mention that 65 revolvers and 330 tins of percussion caps were found concealed in a Chinese passenger's room on board the "Hae-au" on the 16th instant, previous to the vessel's departure from Shanghae for Tien-tsin, and that, on the same day, on the arrival of the "Yuen-sang," from Hong Kong, 8 Canton-made pistols were found concealed on the persons of two native sailors belonging to the steamer.

R. A. M.

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