THE HONGKONG. GOVERNMENT GAZETTE, 2ND SEPTEMBER, 1865. 457
EDWARD W. ELLIS called, states:-I was 3rd Officer of the Folkien when she was lost, I was on deck when she struck. She was going about 18 knots. I have no certificate English or American. I had some private certificates as to character capabilities but lost them in the ship. Mr. Coates, a Shanghai Pilot took the ship as far as Gutzlaff. The weather was Pick and hazy when she struck. We could.not see more than 30 feet. The land I saw looked exactly like Video. It bore East. The weather became very thick about 11 o'clock; She struck at or about half past eleven.
WILLIAM OLAF JOHNSON re-called, states:-There was a pilot on board when she struck, but he was not in charge of the ship. His duty had ceased. Mr. Fischer of Hongkong is the Registered owner of the Fokkien. She belonged to the Shanghai Steam Navigation Co. I know that she is partly insured, but do not know for what amount. Deviation was not allowed on account of iny steering by the Land. I have no deviation, my compasses are correct.
FINDING.
We are of opinion that the Folkien was lost through the Master and Mates mistaking the Westernmost Island of Fisherman's group for Video, a mistake which we consider ought not to have occurred had the course and distance been attended to, the Westernmost Island of Fisherman's Group being only 12 and Video 18 miles from the position of the ship when the last light (sight?) of Chinsan was obtained.
At the same time we feel bound to add that we consider Captain Jolinson deserving of censure for not slacking his speed when the fog set in, as in such a neighbourhood it could not be safe, under any circumstances, to steam 13 knots an hour in such weather.
We also feel bound to note our surprise at the fact of the owner of the Folkien not having any officer on board with a certificate of competency or service, and at the Hongkong authorities permitting a British vessel to continually leave that port without such certificated officer.
As witness our hands this 25th day of July, 1805.
C. A. WATTS,
Lieut. R.N., II.M.S. Argus, President.
C. TREASURE JONES. Acting for H.M.'s Vice-Consul.
FREDERICK PIPER, Master, R. N.
E. M. EDMOND,
Commanding P. § O. Str. Pekin.
F. LEWES,
Commanding Recewing Ship Waterwitch.
I hereby certify that the foregoing, extracted from the Shanghae Recorder of the 5th August is a true copy of the minutes and finding of a Naval Court held at H. M. Consulate Shanghae on the 25th day of July, 1865, to enquire into the
luss of British steamer Folkien.
←
British Consulate, Shanghae, 16th August, 1865.
C. TREASURE JONES, Seur, Asst. H.B. M. Consulate.
No. 82.*
Forwarded for perusal by the Harbour Master, and any remarks he may have to offer. By Order,
W. H. A. A. C. S.
26/8/65.
HARBOR MASTER'S OFFICE, HONGKONG, 28th August, 1865.
SIR,-I have read the Official Minutes of a Naval Court held at Shanghae on the 25th day of July, 1865, to enquire into the circumstances attending the loss of the British Steamer Funkien.
The Folkien originally arrived at this Port es an American Ship, but on the 30th December, 1863, Mr. Robert Brand, a British subject became her owner and she received a British Register, as it had been known some time prior to this that a transfer was to take place, W. O. Johnson who commanded her was informed that he would have to pass an examination if the Owner wished him to remain in that capacity, to this Captain Johnson objected giving as a reason that he had been many years a Shipmaster and that he held an American Certificate of Competency;" the Chief Mate under the American Flag (Geo. C. Jolinson) passed an examination as Master on the 31st December and his name was placed on the Register as such, W. O. Johnson remaining in her as Supercargo and general manager of the business and interest of the Owner. Some few months subsequently that Gentleman called at this Office and stated that Geo. C. Johnson had the offer of another command at Shanghae and if he left could his W. O. Johnson's name then be put on the Register. I told him that at Shanghae this could be done as the Authorities there were guided entirely by the Merchant Shipping Act. On the Polkien's return voyage it was seen that a cliange of Masters had taken place at Shanghae and that the name of W. O. Johnson was then on the Register; as the Mercliant Shipping Act does not prevent a Vessel clearing from one Port in the East to another with a Master who does not possess a Certificate of Competency or service Captain W. O. Johnson remained in command.
The Folkien became the property of Mr. M. Fischer on the 7th June last.
Having reference to the latter part of the finding of the Naval Court, I may observe that it is only competent for a Court exercising Admiralty Jurisdiction or one appointed under Ordinace 11 of 1860 to remove a Master from the command of his ship, luit to justify the exercise of such a power the Court, must, in their unanimous opinion, be such, that the safety of the ship or crew, or the interest of the Owner, absolutely requires it; such Courts may be set in motion by application from the Owner, Agent, &c.; in the present instance the Owner is resident here and had no reason, that I am aware of, to question the Competency of Captain W. O. Johnson.
Section 5 of Ordinance 1 of 1862 prevents names of Masters or Mates being placed on Register or Articles unless properly qualified but this is a local Ordinance affecting Hongkong only, the Ordinance does not give power (nor is it advisable that it should) to undo that which an Imperial Act of Parliament legalizes.
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