CO129-328 - Governor Nathan - 1905 [1-6] — Page 387

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

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272

WINTES FOR W

EASTERN

COLONIAL

C. O.

13272

381

(Rest 22 APR 05

Japon their discretion,

Telegram

Governor Sir.

Nathan to Mr. Lyttelton,

(Received, Colonial Office 6 p.m. 20th April,

Hofe

128544

موسم

1905)

th

37432

04

on the Referring to your telegram or 19th April subject of imprisoned crews. In the absence of decisior previse

mi

Į

on appeal in England in pres cases having been, communicated to Magistrates acted [upon] at his discretion

#

as directed in your telegram of 4th November on subject

ed of Bawtr Where they consider that there was no

A

reasonable probability of capture or exceptional

personal danger they have held that men were obliged

to proceed to places within terms of, agreements enter-

ed into with the knowledge of state war existed and nature

rate of cargo. I have accepted this principle, In

case of Saint Helena Battersea Bridge carrying coal

Japan Magistrate 15th April decided that no such

special risk existed. On account of proximity, of

belligerent ships I am doubtful of correctness, this view of facts and as 18th April Magistrate in case of Lincolnshire carrying rice Japan decided that special risk not shown to be covered by agreements did exist and acquitted crews refusing duty I have directed

release of those sentenced 15th April.

Acerider)

374

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