CO129-350 - Public Offices - 1908 — Page 424

(No. 53.) Sir,

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Inclosure 1 in No. 1.

Consul-General Mansfield to Sir J. Jordan.

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Canton, October 26, 1907. REFERRING to my telegrams Nos. 52 and 54, and to the piracies of the steam- ship"Sainam" and the steam-launch Ki Chaung," I have the honour to inclose here- with copies and translations of my despatches to the Viceroy of the 15th, 23rd, and 25th instant.

Your Excellency,

I have, &c. (Signed)

R. W. MANSFIELD.

Inclosure 2 in No. 1.

Consul-General Mansfield to Viceroy of Canton.

Canton, October 15, 1907. I AM directed by His Majesty's Minister to bring to your Excellency's attention two cases of piracy, viz., that of the British steam-ship "Sainam," which occurred on the 13th July, 1906, and that of the British steam-launch Kicheon," which took place on the 6th July, 1907. These two cases were duly reported to the authorities, and under instructions from His Majesty's Minister I sent in a request that compensation should be made for the murder of Dr. MacDonald, the injuries of the officers and crew of the "

Sainam," and for the pecuniary losses caused by the piracies.

The reply in each case was that no responsibility rested with the Chinese Govern. ment beyond that contained in Article XIX of the Treaty of Tien-tsin, which provides that If any British merchant-vessel, while within Chinese waters, be plundered by robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates, and to recover the stolen property, that it may be handed over to the Consul for restoration to the owner.”

In reply to this argument, I would draw your Excelleney's attention to Article XVIII of the same Treaty, which states that "The Chinese authorities shall at all times afford the fullest protection to the persons and property of British subjects whenever these shall have been subjected to insult or violence. In all cases of incendiarism or robbery the local authorities shall take immediate steps for the recovery of the stolen property, the suppression of disorder, and the arrest of the guilty parties,"

During the three years previous to the piracy of the steam-ship "Sainam " more than thirty cases of piracy of British steam-launches occurred on the waterways of the Two Kwang. These were all duly reported to the Viceroy, but only in a very few cases were any of the guilty persons arrested, and in hardly any was any part of the stolen property recovered. Again on the 2nd February, 1906, the house of Mr. Beattie, a British subject living at Fati, was broken into by a band of over thirty armed robbers, who tied up the master of the house, threatened his life, and robbed him of property valued at over 1,300 dollars. I understand that a few arrests were made, but nothing of value was recovered. I could mention other cases of armed robbery, but I think I have said enough to show that the officials responsible have not carried out their under- taking in Article XVIII to afford the fullest protection or to take steps for the suppression of disorder.

It is a universal law among the civilized nations of the world that where the Government of any country fails to take reasonable steps for the protection of the lives and property of aliens, the said Government has to make restitution. My own country has in the past recognized this law by the payment of an enormous indemnity, and to come to later times I understand that a claim under this law is being discussed with regard to Chinese property destroyed at Vladivostock and of Japanese property destroyed in the United States. I feel sure that your Excellency's vast experience and knowledge of the principles of good government will lead you to recognize the necessity and justice of such a law, and to acknowledge that the disorders which have so long destroyed the peace of the Two Kwang can only be attributed to a want of energy on the part of its successive rulers. It is, I know, your Excellency's inost earnest desire to deal effectively with these disorders, and to restore to the law-abiding population the blessings of safety to life and property so necessary to the prosperity of the country.

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I have the honour to request your Excellency to depute an officer to come to this office and discuss with me the claims on account of the piracies of the steam-ship **Sainam" and of the stean-launch "Kicheong."

Your Excellency,

I avail, &c. (Signed)

R. W. MANSFIELD.

Inclosure 3 in No. 1.

Consul-General Mansfield to Viceroy of Canton.

Canton, October 23, 1907. I HAD the honour on the 15th instant to bring to your notice the two cases of piracy of the steam-ship "Sainam" and the steam-lauch "Ki Cheung." It is with extreme regret that I have now to report to you the further piracy of the steam-launch "Hong Tat" at Tou Tang, near Wai Chow, on the night of the 15th October. It appears that the pirates, who were already on board disguised as passengers, suddenly rushed forward holding their revolvers and, having overawed the crew and passengers, ransacked the launch, carrying off booty to the value of some 400 dollars.

The method of attack in this case is different from that employed in the "Ki Cheung" piracy, when the pirates approached from the shore in sampans, but the two, following on that of the steamer "Sainam," bear eloquent testimony to the absence of law and order along these waterways. While, then, requesting your Excellency to give urgent instructions for the arrest of the pirates, I must, in accordance with the requirements of international law, hold the Provincial Government responsible for the repayment of the losses incurred in all three cases. I venture also to impress upon your Excellency how imperative it is that the whole question of piracy should receive your earnest attention, so that measures may be adopted to enforce its suppression in the interest of Chinese and foreigners alike. The views of His Majesty's Government, of his Excellency the Admiral, and of His Majesty's Minister in this matter have been set forth at length in previous despatches to your predecessors. The opinions expressed by them have only been made after the most careful consideration, and should carry great weight.

I avail, &c.

(Signed)

Inclosure 4 in No. 1.

R. W. MANSFIELD.

Consul-General Mansfield to Viceroy of Canton.

Your Excellency,

Canton, October 25, 1907, IT is only two days ago that I reported to you the piracy of the launch "Hong Tat." I have now to bring to your notice the further piracy of the British launch "Tung Feng," belonging to Mr. Fisher, under the following circumstances --

In the early morning of the 22nd instant the "Tung Feng" left Canton for Tseng Cheng, on the East River. On arrival at Tung Tou K'ou, 7 miles below Whampoa, ten pirates armed with revolvers, who were on board disguised as passengers, attacked the passengers and crew, and compelled the captain to slow down. Two sampans then came alongside, carrying long rifles, to assist the pirates, who, having brought the launch to a place up a creek near Ma Ch'ung, 6 miles from Tung Tou K'ou, got into their sampans and disappeared up a side creek with their booty, which is estimated in money, clothes, &c., at 5,400 taels. Many of the passengers were, I am informed, vendors of black olives returning to Tseng Cheng with the proceeds of their sales.

While reiterating the opinion expressed in my former despatch as to the urgency of the adoption of serions measures to suppress these repeated piracies of British vessels, I have the honour to request you to secure the arrest of the pirates and the recovery of the property stolen, failing which I must, as before, hold the Provincial Government responsible for the losses sustained.

I avail, &c.

(Signed) R. W. MANSFIELD.

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