CO129-360 - Public Offices - 1909 — Page 475

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1. The Government could refuse to recognize the Consul of any Power. If, as was the case with the British Consul-General, the actions of the Consul were injurious to the public interests of the country in which he resided, it was open to the Govern- ment to report his conduct to the Government of the Consul, and require his recall.

JE

2. The Government could prevent the officers of any ship and the ship itself from entering the country. In the present case where an officer of the " Fatshan had murdered a native of China, there was no difference between that man and a person who came from a plague-stricken district. Both were equally injurious to the public weal, and the power to exclude the man who came with the plague was undoubted.

3. The relatives of the accused should, independently of any action the Govern- ment might take, accuse the British Consul-General and his Minister.

4. The Chinese had a correct and suitable way of protecting themselves if they refused to travel by British steamers. Proper methods of self-protection were recognized by all countries, as the right of protecting life and property could not be taken away from any man, If cases of murder were constantly happening on British vessels, and their Consuls refused to mete out justice the Chinese, in self-protection, were justified in not venturing to travel by such ships. If the British Consul, in the interests of his country's trade, requested the Chinese Government to suppress the boycott, it would be open to the Chinese authorities to reply that the question of travelling by any particular boat was the individual's own affair, and that it was not a case in which the Government could bring pressure to bear. The people would have an equally effective answer, They would say that they were really most desirous of travelling by steamers of English nationality, but in view of what had happened they were afraid of the consequences to themselves, which might be as fatal as they were to the passenger on the steam-ship "Fatshan." The British Government would then have nothing to say.

(Translation.)

Inclosure 18 in No. 1.

Extract from the " Yang Cheng Jih Pao" of December 11, 1908.

THE following is a translation of a song on the steam-ship "Fatshan" incident, composed and sung by a popular singer named Loong Chow Ng, in the town of Fatshan --

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"Methinks the Chinese are classed lower than ants.

They are sent with a kick to the next world.

A Chinese killed two missionaries in Shantung,

So the Germans stole a port and got apologies.

Alas! Mines and railways are ceded galore.

For two lives they take a whole province.

But why is Hoi Taoi Yin's case left in oblivion?

The murderer is truly Sang Kai Chai!

The case has been proved, so why is he set free.

It is sad to think of such terrible things.

Stir up, brothers! Or we shall be as insignificant as a handfull of

sand."

Note.-Sang Kai Chai, meaning "young cock," is the nickname of the defendant

Noronha.

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In a despatch, copy and translation of which I have the honour to inclose, the Viceroy informs me that he has requested the Portuguese Consul to try the case in conjunction with the Chinese authorities, and his Excellency expresses his appreciation

my offer of co-operation.

of

I shall, in accordance with the instructions contained in your telegram No. 22, do my utmost to induce my Portuguese colleague to comply with the Viceroy's request.

I have, &c.

(Translation.)

(Signed) HARRY H. FOX.

Inclosure 20 in No. 1.

Extract from the "Kwo-shih Pao" of December 15, 1908.

Proclamation issued by Viceroy Chang, December 14, 1908.

THE British Consul states that the inquiry into the death of the Chinese passenger on board the "Fatshan" has been conducted according to Treaty.

PROCLAMATION issued by the Viceroy of the Two Kwangs with reference to the death of a Chinaman on the British steamer Fatshan."

This is to state that I have received a communication from the British Consul- General, in which he informs me that, the accused man Noronha being a Portuguese subject, he called together the witnesses, both Chinese and foreign, and submitted them, with the accused to a close examination lasting over several days. The Consul-General continues that, although he has held this preliminary inquiry, he has no jurisdiction over the accused nor power to pass judgment on him.

With regard to my request that a day should be appointed for a fresh trial of the case, I afterwards received a visit from the Consul-General, who explained to me that the case must now be dealt with by the Portuguese Consul-General. He would, however, although he possessed no jurisdiction over the nationals of other countries, do all in his power to assist in arriving at a satisfactory settlement of the case.

Now there is no question that since the incident arose its investigation has been conducted by both foreign and Chinese officials in strict accordance with the provisions of the Treaties.

It has come to my knowledge, however, that ecrtain newspapers and commercial guilds have been fostering public mistrust and suspicion, and before the matter had been decided, have paid heed to idle gossip and passed exaggerated and misleading criticisms on the case. This is certainly very reprehensible, and I bave already instructed the It is Taotai of Constabulary to take prompt measures and inquire into the matter. further my duty to issue a Proclamation embodying a full report of the case.

This notification is now issued to remind editors of newspapers, merchant guilds, and relatives of the deceased of the cordial relations now existing between England and China, and to inform one and all that the British Consul-General's attitude throughout the whole affair has been strictly regulated by Treaty provisions and by the limitations of his jurisdiction.

Let no one therefore place a false interpretation or pass wild criticisms on his action in the matter, in the hope of creating a disturbance. These injunctions are to be strictly obeyed.

A special Proclamation.

Inclosure 19 in No. 1.

Acting Consul-General Fox to Sir J. Jordan.

Canton, December 15, 1908.

(No. 73.) Sir,

IN continuation of my despatch No. 72 of the 11th instant, I have the honour to inclose copy and translation of a Proclamation by the Viceroy in which his Excellency explains that the "Fatshau" case has been dealt with by the British Consul and the Chinese authorities in strict accordance with Treaty provisions, and warns the news- papers and others against indulging in unjustifiable criticisms of my conduct in this affair.

(Translation.)

Inclosure 21 in No. 1.

Viceroy Chang to Acting Consul-General Fox.

Canton, December 11, 1908. Sir,

I HAVE the honour to acknowledge the receipt of your despatch of the 10th instant, with reference to the death of a Chinese passenger on board the steam-ship "Fatshan."