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November 14, 1904.]
this contract when the charter party was signed on the 10th February, viz., Messrs. Sander, Wieler and Co., on the one part, and Mr. Arima on the other. At this particular time the Captain was in Saigon, or on his way from Saigon to Hongkony, and he told them in his evidence, that he first knew about the charter about the 17th February, These facts could only indicate one conclusion, and that was, that seven days after completion of this contract, the Captain arrived here and expressed some mis- giving, on his own account, as to whether provisions were contraband. This, however, could not conceivably affect a contract entered into seven days earlier, between Messrs. Sander, Wieler and Co., and Mr. Arima, the recognised agents of the steamer and charterers respectively. Counsel contended very strongly that the meaning the word contraband in the charter-party Was the meaning generally accepted at the time the charter was signed and not the more extended meaning given to it by the Russian declaration published a fort night later. Counsel further contended that the Russian declaration was contrary to inter- national law and therefore not binding on neutral Courts.
His Lordship said he was inclined to think that whatever the Government of a belligerent Power declared to be contraband was binding
on the Courts of other Powers until it was revoked.
Mr. Sharp submitted, however, that as the British Government had refused to recognise the Russian declaration, the Courts could not regard it as binding.
His Lordship said he had a difficulty in recognising the principle that the Municipal Courts of a country other than Russia had the jurisdiction to determine what the Russian Government might properly or improperly declare to be contraband.
Mr. Sharp: The right view in this case is that your Lordship can take. no cognisance of it because the Russian declaration did not exist when the contract was made, and in the absence of any c'early expressed intention that the word contraband should have a varying meaning. it must be interpreted by the general- ly accepted doctrine at the time the charter was signed.
Mr. Sharp proceeded to read from the Times parliamentary reports, extracts from speeches made by Lord Lansdowne and Mr. Balfour traversing the Russian doctrine and repudiating the suggestion that the decisions of Russian Courts were binding on other Powers when based upon the new doctrine.
14
CHINA OVERLAND TRÅDE REPORT.
MARINE MAGISTRATE'S
COURT.
Friday, 4th November.
BEFORE MR. BASIL TAYLOR (ASSISTANT HARBOUR MASTER).
A COLLISION ENQUIRY, An enquiry was held at the Harbour Master's Office to enquire into the 'circumstances of a collision between the launch Cheong Lee and the launch Cheong Ching, in the waters of the Colony on the 30th ult.
353
I defence, but your case may, probably will, pre-
sent difficulties; and in my opinion, taking also into due consideration that you have been offered a bonus to proceed, you would be well advised to accept.
Five minutes were given the defendants to make up
their minds, when they all persisted. in their refusal to proceed.
H. Jensen, donkeyman, speaking for the defendants, stated:-We signed articles to proceed to Manila via Durban, and never went to Manila. With respect to proceeding; to Vladivostock, We refuse for the following reasons:-Several ships have been destroyed and lives lost in this contraband trade, owing Lai Kan, master of the Cheong Ching, said to striking mines and other, causes in the that at about 10 p.m. on the 30th ult, he vicinity of the Russian ports.We have also left Yaumati Police Pier to go to a wharf received newspaper cuttings concerning the near the China Merchants wharf. When hardships endured by the crew of the Chelton- close to the stern of an Apcar liner in portham, who were sent to England via Siberis, he saw the three lights of the Cheong Lee, which, at this time of year, when we have no a little on his port bow, about a boat's length off warm clothing, would be a great hardship. just under the stern of the mentioned steamer He gave a blast on his whistle and went astern. The blast ment "porting helm." but he did not do so, not having time. His certificate. went down with the launch.
This evidence was corroborated by Leung Lo, assistant coxswain of the other launch. The Cheong Lee went full astern when he saw the other launch. There was no room for them between the Apcar liner and the Cheong Ching. He gave a blast and ported his helm just before the collision.
Mr. Basil Taylor found the master of the Cheong Ching solely to blame for trying to pass too close to the stern of the Apcar steamer, and he blew one blast on his whistle without porting. He suspended the man's certificate for six months
Tuesday, November 8th,
BEFORE HON. CAPT. L. BARNES-LAWRENCE, R.N. (MARINE MAGISTRATE).
A LAWFUL MUTINY.
Twenty-one of the crew of the ss. Salfordia were charged with wilfully continuing to dis- obey the lawful orders of the master of the ship, and refusing to proceed to sea since the 5th instant at Victoria harbour.
George C. Dusting. Mast rof the s.8. Salfordio, stated that the defendants, in number. signed on at Cardiff to proceed to Manila and any other ports or places between 75 deg. north and 60 deg south on a three years' agreement. The argument was concluded, and His Lord-He left Cardiff on the 12th August last and ship adjourned.
proceeded on his voyage round the ape of Good Hope. calling at Durban for bunker coals. After leaving Durban he proceeded to Labuan for bunker coat. The day after his arrival there he received instructions by cable to take in sufficient coal to reach Vladivostock. Soon after he called all the crew together, and informed them that the vessel was ordered to Vladivostock, and asked them if they had any objection to going there. The whole of the crew refused. He tried to reason with them, but with no effect at the time. Three or four days later he again put the question.
refused. He They all again
cabled this decision to the owners, and received direction< to proceed to Hongkong to prosecute the crew for refusing to proceed on the voyage according to agreement He arrived here on the 5th, and asked for a summons on the 7th instant.
8.8. WONGKOI" v. 8.8. UJINA." This case will probably commence before the Chief Justice this morning. The action arises out of a collision between the North German Lloyd's steamet Wongkoi and the British India Company's steamer Ujina in the waters of the Colony on the 13th August. Both steamers are in port at present. The claim is for $10,000. Messrs. Johnston, Stokes and Master will represent the North German Lloyd (plaintiffs) and Mr. John Hastings the British India Co. The case, it is believed, my occupy fire days in the hearing.
The Criminal Sessions commence on the 18th inst. The calendar is a small one.
The Japanese Consul at Shanghai seems to have celebrated the Mikado's birthday in quite a marked manner. He gave a big ball and re- ception at the Country Club, entertaining on quite a lavish scale. A foreigner (Mr. Gardner) proposed the Royal toast.
for
1
11-11-
In reply to the Court:There was no tion made of the vessel carrying contraband when the articles were signed. No remarks were made on or interest displayed in the fact of his making the voyage round the Cape. He had had no difficulty with the defen- dants in respect of their duties, everything so far having gone on as usual He was authorised by the owners while at Labuan to offer an inducement to these men to proceed. The bonus offered was two months' pay. Should any of the men express their willingness to proceed now, he was prepared to withdraw the charge against them.
The Magistrate to the defendants: You Before hearing have heard the charge.
desirous of any further evidence, I am
|
By the Court: What reason have you to suppose you would be sent home via Siberia?
Defendant: We were informed that we should be sent home from Vladivostock.
The Master, on being recalled, said the only reason for this statement was that he informed the crew if the vessel was captured they would. be sent home.
Defendant, in answer to the Magistrate, continued --We had no reason whatever to
suppose that the coal would be discharged elsewhere than at Manila. We were neither informed, nor led in any way to supp 'se that we were carrying contraband,, Had we been so We informed, we would not have signed on. are willing to proceed in the ship anywhere except to belligerent ports, provided we are not carrying contraband.
оп
The Master recalled:-It is stated the ship's manifest that the coal is intended for Manila.
Each of the crew expressed his agreement with what the spokesman had stated.
The Hon. L. Barnes-Lawrence delivered judgment as follows: The points I have had to consider in determining this case are as follows:-
on
crew
Articles were signed by which the crow were pledged to proceed in this vessel to Manila with a cargo of coal, where they were On under the belief it would be discharged. arrival at Labuan the Master was informed that the coal was intended for Vladivostock, and
to the communica ́ing this news they refused, for the reasons stated, to proceed to that port. By the general and customary terms of the agreement the crew also undertook to proceed anywhere within certain latitudes, namely, 75 der. and 60 deg., and under the an ordinary voyage. normal conditions of service between these limits would not have been disputed. The statements, however, inade by the men as to the treatment recently accord- ed to certai neutral vessels. carrying contra- band of war, admit, unfortunately, of no con- tradiction, while, should Vladivostock be again bombarded, and this vessel be within its harbour at the time, danger to life may reasonably be apprehended. Under these circumstances, and taking into consideration that the crew were not informed when they signed articles that the vessel was carrying cont.aband, I am unable to decis on of the defendants in regard the decliving to proceed as an offence necessitating punishment, and I consequently dismiss the charge.
·
•
THE KING'S BIRTHDAY.
CELEBRATIONS AT HONGKONG. The 9th inst being the King's Birthday was observed as a public holiday. All the Govern- ment offices, the exchange banks, schools and most of the mercantile firms were closed.
The
day was favoured with glorious weather: the sky was perfectly cloudless in the morning; cool and very and the atmosphere was
British and foreign ships in agreeable. harbour, almost without exception, were gaily decorated with bunting. At an early hour Hongkong presented a very active appearance : holiday makers crowding towards Happy Valley
Singapore Europeans are still agitating for some railway carriages to be reserved Europeans only." It seems that objectionable Chinese and natives have a fancy for travelling first class, and overcrowd the carriages. One complainant said that he had found & carriage crowded with Chinese women in the regula- tion black costumes that everybody hereabouts understands the meaning of, and with their trousers pulled up above the knees and their feet up on the seats, smoking that. for Europens, unbearably smelling Chinese tobacco. affording you an opportunity of altering to see the King's Birthday Review. Rickshas possibly urge were practically unobtainable at the ferry in your landing and other centres, while the tram-
which made the whole coupe stink like anything' your but a 1st class coupe."
decision.
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