517
[This Document is the Property of His Britannic Majesty's Government,1
2
made search for arms, The soldiers had barely left the launch when a boat containing twelve men, coming up on the same side of the launch as the guard-boat, hove along- side. They were thought to be passengers, and were taken on board; immediately they opened fire with revolvers and began to search and rob. The guard-boat men heard the firing and were hailed by the captain, but took no notice. The pirates forced the engineer to turn the ship down stream, and ou reaching Lui Ko Kung, a village about 5 miles above Do-sing and 12 below Feng Chuan, decamped, compelling the engineer to accompany them. The value of the booty taken was 900 dollars, chiefly from cattle-dealers. The engineer was compelled to accompany the pirates across country for an hour or so when he was set at liberty. He afterwards made his way to Do-sing, where he was picked up by the " Feinam," which had come down from Wuchow in search of him,
2. That the registered owner of the launch is C. T. Fisher, who chartered the vessel on a "net charter" to Liu Kwang Lo, who also acted as captain.
3. That these "net charters" are of several months' duration, and that to every intent and purpose all interest in the vessel and her crew passes from the registered owner to the charterer whose charter-party is a Chinese document, drawn up in this case between him and the Chuan firm acting as Chinese agents for Mr. Fisher, whose Hame is not mentioned, so that all semblance of British interest in the craft is carefully eliminated. Hence the fact that the charterer did not feel called upon to report the piracy to His Majesty's Consul at Wuchow on his arrival there on the 20th ultimo,
4. That in the circumstances obtaining under No. 3, and on the evidence taken, it is abundantly clear that the registered owner, Mr. Fisher, had no voice in the management and direction of the steam launch "Feinam," though registered as owned by him at His Britannic Majesty's Consulate-General, and that he was entirely ignored by the Chinese charterer, so much so that, although he professed to have frequently requested the latter to bring the launch down to Canton in order that an inquiry might be held, no notice was taken of these requests. Further, that it is beyond doubt that had His Majesty's ship "Robin," not proceeded on the 20th instant up river and arrested her, she would not have reached Canton for an indefinite period. This is established by the facts that when arrested at Luk Po on the 23rd instant at 8:30 P.M., she was bound up river for Wnchou, and that although the charterer stated to His Majesty's Consul- General on the 20th instant that she would be at Shui Hing that evening and remain there for two days, she was actually at Ch'en Tsun on that day, arriving same day at Samshui, which she left on the 22nd, while there is nothing in her way-book to show that she touched at Shui Hing between these dates.
5. The way-book is in order, but the complement of the crew is four in excess of the number allowed in the Inland Waters Register, and the captain had been changed without notification to Consular or Customs authorities.
6. The unanimous opinion of the Court is (1) that "the net charter" system under which two of Mr. Fisher's launches, namely, the "Feinam" and "Nam Hing Wo," now run is contrary to the intention of their British nationality, and that these launches should therefore be at once struck off the register at His Majesty's Consulate- General; (2) that the "
voyage charter system under which the remainder of the launches trade is also very imperfect and requires careful amendment, aiming at-
"
(a.) A satisfactory description of charter-party.
(b.) A suitable guarantee of the captain and crew.
(c.) An armed guard to search passengers as they come on board.
(d.) The imposition of full responsibility for the vessel and her complement upon Mr. Fisher, making him in fact, and not merely in name, the sole guarantor to His Britannic Majesty's Consul-General that there shall be no misuse of the British flag.
(e.) Any other requirements which may appear desirable as the drafting of these Regulations proceeds.
(f) That the action of the guard-boat at Feng Ch'uan should be strongly represented to his Excellency the Viceroy. (Signed)
H. E. SLY, Vice-Consul. COLPOYS C. WALCOTT, Lieutenant-Commander, His Majesty's ship “ Robin.”
J. STEINBERG,
Imperial Maritime Customs.
AFFAIRS OF CHINA.
CONFIDENTIAL.
[6015]
(No. 6.)
No. 1.
11983 [February ce
BEGE 3 APR 07/
SECTION 11
Sir J. Jordan to Sir Edward Grey.-(Received February 23.)
Sir,
Peking, January 5, 1907. WITH reference to the correspondence inclosed in my despatch No. 490 of the 23rd November, I have the honour to state that on the 7th December I addressed a Circular of instructions to His Majesty's Consuls in the sense of the last paragraph of Lord Salisbury's despatel No. 171 of the 13th October, 1898, to Sir Claude MacDonald. I am now in receipt of a despatch dated the 22nd December (copy inclosed), in which Sir Pelham Warren submits for my consideration the case of a steamer registered in the Shanghae Consulate-General as a British ship in the name of Mr. E. Moller, a British subject, who has applied to transfer it from his own name to that of a Hong Kong registered Company. Mr. Moller admits that the greater part of the capital and the majority of the shareholders of this Company are not British, and, according to the tenour of the instructions above mentioned, the steamer, when transferred, would not appear to be entitled to British protection. At the same time, the Supreme Court at Shanghae advise Sir Pelham Warren that the Company is qualified to be the owner of a British ship under section 1 (d) of the Merchant Shipping Act of 1894, and is therefore legally entitled to demand the transfer.
As Sir Pelham Warren states, the position thus created presents some difficulty. There is already a number of Hong Kong and other British Companies doing business in China, as regards which it is more than probable that a majority of the Managing Directors and shareholders are not British subjects, and that the greater part of the capital employed is also not British; and the tendency is for this number to increase. The point raised would seem to be one of practical importance, and I therefore venture to request your instructions in regard to it.
I have, &c. (Signed)
Sir,
Inclosure in No. 1.
Consul-General Sir P. Wauren to Sir J. Jordan,
J. N. JORDAN.
Shanghae, December 22, 1906. WITH reference to your Circular of the 7th December, 1906, I have the honour to submit for your consideration a case which has just occurred at this port.
The steam-ship "Canton " is registered at this Consulate as a British ship in the name of Mr. Eric Moller, a British subject. Mr. Moller has now applied to transfer this ship from his own name to that of a Company in which he is interested both as a Director and shareholder. The Company in question is registered at Hong Kong as a British Company, but Mr. Moller admits that the greater part of the capital, as well as the majority of shareholders, are not British.
I am advised by the Supreme Court that the application should be entertained, as the Company is qualified to be the owner of a British ship under section } (d) of the Merchant Shipping Act of 1894, and that they are therefore legally entitled to demand the transfer.
The position, however, would appear to be difficult if the vessel be accepted as a British ship, and as such be entitled to certain rights, rights from which the owners would be excluded by the official prerogative to which reference is made in your Circular.
In view of the fact that cases of this nature are by no means unusual at this port, I have the honour to request your instructions as to the advisability of recognizing ships owned by bodies corporate registered at Hong Kong, but with a known preponderance of foreign capital.
I have, &c.
(Signed) PELHAM L. WARREN.
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