£
4
I have now the honour to acquaint you with the result of my action. In so doing a cursory review of the facts may not be out of place, as the circumstances under which the offence was committed were peculiar. The packages, as you are aware, were shipped by the consignors without notice of any kind being given to the agents of the steamer, and were received on board in ignorance of the fact that they contained explosives; it was only after they had been taken delivery of and were being stowed in the hold that the discovery was made. This occurred late in the evening when the Customs Offices were closed, and the agents, in their anxiety that the steamer should not be delayed, hurriedly decided to allow her to proceed and to report the matter to you the first thing the following morning, which they did. In taking this responsibility upon themselves there is no question they placed themselves in the wrong and were guilty of a serious irregularity, but that they had any intention to defraud the Customs, or to commit a deliberate breach of Regulations, cannot, I think, be imputed to them.
The action of the master, on the other hand, is less excusable; it was his duty to see that no contraband cargo was admitted on board his vessel without proper documents, and, as I informed Messrs. Cornabe, Eckford and Co., the fact that they appeared to have thought that the matter could be set right by reporting the irregularity to you the following morning by no means exonerated him from blame, or relieved him of his liability to punishment.
I
When the case was first brought to my notice, as you are aware, was strongly of opinion that the real offenders were the American naval authorities, as it was admittedly owing to negligence on their part that the mistake arose, and hence I considered that the proper course was to seize, and, if necessary, confiscate the stores; but, however we may regard this view of the case, there is no denying that the Treaty imposes upon the master of a vessel, and on him alone, the responsibility for any breach of regulation that takes place on board his ship, and I thought it only right, therefore, to bring this fact to the notice of Messrs. Cornabe, Eckford and Co., to whom I explained that were the case to come before me judicially, I should have no option but to enforce the law against the master of the Lienshing." I mentioned to them, however, that neither you nor I were anxious to press the point unduly, and that as you had placed the case in my hands to deal with as I thought best, so long as a just settlement were arrived at, I would advise them to submit to any decision I might come to, otherwise, I added, the case would have to be brought into Court. Messrs. Cornabe, Eckford and Co. readily fell in with this proposal, as I fully expected they would do, and this enabled me to at once consider the merits of the case. The conclusion I came to after a review of the evidence was that the master should be called upon to pay a fine of 100 Haikwan taels, which was the sum you considered would meet the gravity of the offence. There was no reason, so far as I could see, why it should be reduced, nor yet increased, and upou my communicating this decision to Messrs. Cornabe, Eckford and Co., they at once sent me a cheque for the amount, and expressed their satisfaction that I had been able I trust this solution will also prove to arrange the matter in an amicable way.
satisfactory to you, and in remitting you the fine I take the opportunity to record my appreciation of the friendly feeling shown by you throughout the conduct of this. unpleasant case, and to thank you for the frankness with which you have met me in discussing it.
I should be much obliged by your furnishing me at your convenience with a receipt (in duplicate) for Messrs. Cornabe, Eckford and Co.'s cheque, so that I can forward it to them and thus close the case.
[This Document is the Property of His Britannic Majesty's Government}
CHINA TRADE.
CONFIDENTIAL.
[38634]
(No. 239.) Sir,
No. 1.
[November 25.]
SECTION 2.
Sir C. MacDonald to Sir Edward Grey.--(Received November 25.)
Tokić, October 28, 1907. I HAVE the honour to acknowledge the receipt of your despatch No. 175 of the 26th August last, on the subject of the alleged discrimination of railway rates to Dairen to the detriment of Newchwang.
It appears that this despatch crossed my No. 194 of the 5th ultimo dealing with the same subject, and, pending the perusal of that despatch by yourself, I have refrained from any further action other than sending your despatch under reply, together with its inclosures, to His Majesty's Vice-Consul at Dairen for any further observations he may have to make.
I have the honour to transmit herewith copy of a despatch from Mr. Parlett, inclosing a translation of Regulations issued by the South Manchurian Railway Company governing the subject of rebates. These Regulations do not appear to have any important bearing on the question under discussion. I have, &c.
(No. 59.) Sir,
(Signed) CLAUDE M. MacDONALD,
Inclosure 1 in No. 1.
Vice-Consul Parlett to Sir C. Muc Donald.
Dairen, September 29, 1907. I HAVE the honour to inclose herewith, for your Excelleney's information, a translation, which has been sent me by the South Manchurian Railway Company, of the Regulations governing the granting of rebates to persons who pay annually over a certain amount of freight I have not been supplied with a copy of the original.
Judging from present conditions, it would seem as if some time must elapse before these Regulations can have much practical interest for British merchants here.
I have, &e. (Signed) HAROLD G. PARLETT.
I have, &c.
(Signed)
HERBERT F. BRADY.
C
Inclosure 2 in No. 1.
Regulations concerning the Allowance of Rebates by the South Manchurian Railway Company. (Translation.)
ARTICLE 1. The South Manchurian Railway Company will allow rebates at the following rates to persons who pay large freight charges yearly by shipping great quantities of goods:
Yen.
Yen.
Under 150,000 over 100,000
A
"
200,000 150,000 250,000 200,000 300,000 250,000
8/100
35/1000
1
4/100
15/1000
350,000
300,000
400,000
350,000
5/100 55/1000
"
450,000
400,000
6/100
1
500,000
450,000
65/1000
Over 500,000 ..
7/100
12724 b6--2]
350
No comments yet.
Private notes are available after approval.