CO129-360 - Public Offices - 1909 — Page 573

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His Excellency assured me that I need have no anxiety on account of the newspaper agitation, which he was now dealing with, and that with regard to the "Fatshan he would devise some method of arriving at a settlement,

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Case

I cousider the interview was on the whole satisfactory and, I believe that Mr. Porter, who accompanied me, and myself were able to enlighten the Viceroy on various points in the case on which his Excellency had hitherto received little or no information.

As illustrating the difficulties I have had to contend with in my endeavours to induce the Chinese authorities to take a reasonable view of this case, I mention the following incident that occurred at the interview. Mr. Porter said he could not understand why, if the assault on the deceased had taken place in the presence of some 600 passengers, not one of them, not even the two witnesses who had received silver medals from the Self-government Society for their conduct on this occasion bad gone to their countryman's assistance. "I know the reason," exclaimed one of the Viceroy's Secretaries, Taotai Wu Kuang Chien, in a loud and excited voice, "they dared not because had they done so, the officers and crew of the Fatshau' would have kicked them to death too,” I at once protested against this scandalous accusation and the Viceroy signified his displeasure at the Secretary's remarks.

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One satisfactory result of the interview is that not one of the morning papers contains any reference to the "Fatsban case. There are, moreover, as far as can be ascertained, no signs of the threatened boycott.

case.

On my return from the interview I found waiting for me a despatch from the Viceroy dated the previous day requesting me to hold a fresh inquiry into the “Fatshan" At the same time my attention was called to an article in that morning's "Kuo Shih Pao" purporting to be a report of a speech delivered at a meeting of the Self- government Society by one Ho Hui Hung, said to be a relative of the deceased, whose name is Ho. This speech, in which my action in the case was severely criticized and a general boycott of British steamers advocated, illustrated so aptly the remarks I had made at the interview regarding the anti-British agitation now being fostered by the newspapers that I at once sent a copy of the paper in to the Viceroy for his information. I have the honour to inclose copies and translations of the Viceroy's despatch above referred to, of my reply, and a précis of the speech which appeared in the "Kuo Shih Pao,

I venture to hope that the action I have taken in this case may meet with your approval.

I am forwarding copy of this despatch to the Governor of Hong Kong and the Commander-in-chief on the China station.

I have, &c. (Signed)

HARRY H. FOX.

P.S.-I inclose also copy and translation of a popular song which, I understand, is being sung on all the passenger boats plying in the Delta.

H. H. F.

(Translation.) Sir,

Inclosure 15 in No. 1.

in reply what date you have fixed so that I may depute the Magistrate and deputy to proceed to your Consulate-General and associate themselves with you in a joint trial in the interests of justice.

With regard to the action of the newspapers I have already replied to you on that subject, which should form a separate question and be dealt with accordingly.

I avail, &c.

(Seal of Viceroy.)

Inclosure 16 in No. 1.

Acting Consul-General Fox to Viceroy Chang,

Your Excellency.

Canton, December 10, 1908. I HAVE the honour to acknowledge the receipt of your despatch of yesterday's date, in which you request me to rehear the case of the death of a Chinese passenger on board the steam-ship "Fatshan" in suspicious circumstances.

As I had the honour to inform your Excellency at our interview this morning, it is beyond my power to hear a case in which a Portuguese subject is defendant. I can only repeat what I stated in my despatch of the 4th instant, in which I forwarded copy of the depositions taken at the preliminary hearing, namely, that if your Excellency was not satisfied with my decision further proceedings could be taken before the Portuguese Consul-General.

I took the opportunity this morning to draw your Excellency's serious attention again to the attitude of the Self-government Society and the Canton press, which is of a most hostile nature. I pointed out that a boycott of the steamer "Fatshan" had already been publicly advocated, and that unless prompt measures were taken by your Excellency to suppress the agitation the situation would become even more serious.

Your Excellency denied that there was any talk of a boycott, and seemed to consider that I was taking the question too seriously. I had not, when I saw your Excellency this morning, seen the morning papers. Since my return I have seen them. Every paper contains a report of a speech by a certain Ho Hui Hung, who claims to be a relative of the deceased, in which he advocates a general boycott of all British steamers.

I inclosed copy of the "Kuo Shih Pao," with the request that prompt measures may be taken to deal with and prevent any attempt to carry out this suggestion.

Your Excellency was good enough this morning to promise to issue a Proclamation pointing out that the case was still under consideration, and warning the public from any action which would tend to harm the good relations existing between our two countries.

I trust that, in view of the contents of this morning's papers, your Excellency will lose no time in issuing the promised Proclamation.

In conclusion, have again the honour to repeat what I said this morning, that I shall be happy to assist your Excellency in any way that lies in my power, short of assuming a jurisdiction which I do not possess over a person of another nationality.

I avail, &c. (Signed) HARRY H. FOX.

Viceroy Chang to Acting Consul-General Fox.

Canton, December 9, 1908.

I HAVE the honour to acknowledge the receipt of your despatch of the 4th instant on the subject of the Fatshan" case. (Substance of despatch quoted.)

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According to a Report of the Namhoi Magistrate on this case an examination of the dead body was held by that official and his coroner's assistants in accordance with the procedure laid down in the " Instructions to Coroners," which bas constantly proved a reliable guide in holding such inquests according to long-established Chinese practice. As a result of this examination it was conclusively proved that the death had been caused by injuries. Dr. Davenport's declaration that the deccased had died as the result of illness, and your release of the accused ou bail neither satisfy the immediate relatives of the deceased nor suffice to inspire publie confidence. Morcover, the translated version of the depositions shows many discrepancies. A proper trial is, therefore, a matter of necessity, when a joint investigation can be made and the public demand met.

The case arose on board the Fatshan," which is a British ship, and the duty of dealing with it rests with you. I have therefore the honour to request you to inform me

Inclosure 17 in No. 1.

Extracts from a Speech delivered by Ho-hui Hung at a Meeting of the Self-government Society on December 7, 1908. (Translation.)

THE speaker started by saying ironically that he of course fully sympathized with and admired the British Consul's action in protecting his own country's trade, as the It was, murder was likely to have an adverse effect on the shipping of his country. however, disgraceful that he should shield the murderer just because he was nervous of exciting popular feeling which might lead to a boycott disastrous to British trade. went on to elaborate a few retaliatory steps which could be taken against the "Fatshan" in particular, and British shipping in general, of which the following are extracts :-

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