896
THE HONGKONG WEEKLY PRESS AND
by the Arbitrator that since a time prior to, 1894, that is to say for a period of ten years previous to the charter of the Prometheus foreign vessels, meaning thereby vessels other than Japanese, have been allowed to trade freely under treaty with certain ports ordinarily known as Treaty Ports, and under special licence with certain other ports known as non-treaty ports; and it appears as a further fact that the Osaka Shosen Kaisha had per- mission from the Japanese Government before the outbreak of war to employ foreign ships in trading to non-treaty ports. The Arbitrator adds that this privilege was extended by Japan to foreign vessels irrespective of the question of
I entirely concur in this finding. which is supported by clear documentary evidence. In my opinion, trading under the licence of one belligerent given under such circumstances does not render a neutral ship liable to capture by the other belligerent. My answer to the second question is that the line on which the Osaka Shosen Kaisha intended to
peace or war.
#
employ the Prometheus was not a 'privileged one; and that, at the time when the master of that ship refused to load provisions for a voyage to Japanese ports between Kobe and Formosa, it was lawful for that neutral ship to engage in that trade
Coming now to the answer to be given to the
third question put by the Arbitrator. It is contended on behalf of the owners that what
ever may be the true meaning of Contraband of War, and whatever may be the proper view to take with respect to the validity or otherwise of the Russian Declaration making provisions un- conditional contraband, yet as Russia had as a fact, whether rightly or wrongly, declared provi- sions unconditional contraband, and as the Pro- metheus would as a fact, rightly or wrongly, have been captured if found by a Russian cruiser carrying provisions, and have been taken to a Russian Prize Court for adjudication, it was, in view of the exception in clause (1) of the charter party with respect to arrest and restraint of Princes, Rulers, and Peoples," the
duty of the charterers to refrain from loading on the Prometheus anything that would or might render such ship liable to be captured and taken in for adjudication; and that if the char- terer in disregard of that alleged duty offered cargo the carriage of which would reader the
ship liable to such restraint, it was the right and the duty of the Master to decline to receive and load, and if already loaded, to unload such cargo.
It may be conceded that where there is as a fact a risk of capture, such risk would amount to a "restraint of Princes" within the exception in clause (1) of the charter party, whether the capture would or would not be lawfully made, .e. made in accordance with international law; but to entitle the owners of the Prometheus to the benefit of that exception, the risk apprehended must have been so direct and imminent 88 to render capture almost certain. The cases do not go beyond this, that the Master of the Prometheus might have unloaded as he did at Kobe had he had a reasonable apprehension of his ship being captured had he attempt d to sail from Kobe with the goods on board. There was however at the time he unloaded and refused to carry provisions no cause for such apprehensions on the part of the Master. Japan had at that time secured a naval superiority which must have or should have freed the Master from any such apprehension. There were at that time practically no Russian ships available for making captures, and none had as a fact ever been made on the trade route which
the Master was directed to follow. The case of the Nobel Explosive Company v. Jenkins and Company does not apply, for in that case there was, at the time that the Master refused to sail with the Plaintiff's goods on board, a serious danger of their being seized and confiscated by the war ships of the belligerent enemy then lying in and around the Port at which he landed such goods. He was therefore under such conditions justified in landing the goods and in refusing to carry them. In the ca e just quoted the Master had a rea- sonable and well-founded belief that the vessel if she sailed with the plaintiff's goods on board would be stopped and the goods confiscated, whereas in the present case the Master of the Prometheus had no ground for entertaining any .... Auch belief,' and as a matter of fact did not en-
|
į
tertain any such belief. The special case will | now be remitted to the arbitrator, who will guide him-elf in making his award by the answers which I have given to the questions put by him to me.
CANTON.
(FROM OUR CORRESPONDENT.)
Canton, 22nd November.
MEN COME AND GO.
Mr. James Scott returned to Canton yester day, after an absence of eleven months at Home. Mr. Campbell, whom he relieves, is t› go to Swatow. The French and German Consuls here are also new arrivals, and the Commissioner of Customs, Mr. Mayers, has not been here long. The "floating" character of outport population is well illustrated by these changes.
THE VICEROY
has not yet returned from Kwangsi province and it seems unlikely that he will do so for for arms and ammunition for his troops to the some time. He has just sent a large order
authorities here. The Governor (whose offic *, it is rumoured, may be abolished) is in charge,
and he will take over the seals of office from
the Hoppo on the 1st of the 11th moon The coming abolition of (7th December),
the famous office of Hoppo has already been announced in your columns.
THE REGATTA,
which is to be held on Friday and Saturday afternoons, promises to be more successful this year than last. Arrangements have been made providing for the comfort of visitors, and these include a grand stand on the north side of the river. The racing should be interesting, though hopes of beating Hongkong are scarcely entertained here.
CANTON CLUB.
The "Yellow Peril" received a severe shock here last night when it was decided by a
majority composed chiefly of Germans that no Asiatics are to be admitted as members of the Canton Club. This step (an amendment to one of the new rules now being drawn up) seems to be quite gratuitous, as anyone not desired as a member can be prevented from joining in the usual way. However, it seems a waste of time to discuss this question after the fact. Your
readers will form their own opinions on the subject.
EDUCATION IN CANTON.
[FROM OUR CORRESPONDENT.]
0:
Canton, 17th November. Some information as to the number and character of schools where foreign sabjects are taught here may be of interest to your readers.
I am not very well versed in the details of missionary educational work, which is, I believe, mostly elementary. There is a large school for girls in connection with the American Pres- byterian mission at Kukfan, but English is not taught. The Christian College, which has lately moved from Macao to the island of Honam, is well staffed, and gives a good prac tical education in many branches; its work and influence should increase rapidly. The work at this college is only educational; but all the missions engage in educational work as well as in Christian and philanthropical.
Of secular schools with foreign-staff there are at present only two-the Tung Men Kun and the Ellis Kadoorie school. The former, a Govern. ment school, has been in existence for forty years and has turned out some prominent men. It possesses four departments. English, French, Russian, and Japanese, of which the English is the oldest. At this school there are some 200 students, mostly Manchus and Bannermen, Under the new regulations a B.A. degree, which qualifies for the holding of magisterial office, can be obtained at the end of five years.)
The Ellis Kadoorie School is in Honam. There was formerly another branch in the Western Suburbs, bat this school was closed recently. The present establishment has 200 boys on its books, and is doing well.
these Apart from
[November 28, 1904.
School, in the Western Suburbs. English is taught at these two schools by Chinese, and they are not unqualified successes from all accounts. Among smaller schools may be included the Manchu and Bannermen schools, of which there are four. Here English_is taught by alumni of the Tung Men Kun, for which these small schools prepare young scholars,
This list exhausts the number of institutions - where general foreign subjects are taught. There still remain, however, three technical schools. Outside the East gate is the military college, where a hundred young Chinese gentle. men are taught the rudiments of the art of wär by a staff of Japanese officers. The director of this college, Tsotai Chou, has earned notoriety Stories of his severity and even as a martinet.
+
cruelty are circulated in the native press, but I find on inquiry that these are exaggerated, the truth being that any discipline is obnoxious to the Chinese, go Chou, who has been described to me as a very smart and efficient man, in
maligned. The naval college at Whampoa, which has been in existence for some years, have lately appeared in the Hongkong papers hardly needs to be mentioned. while full details
about the new Medical College, where a thorough technical education will be given. The ad-
vantages of this new work cannot be over-
estimated. I know from personal experience how greatly the Chinese appreciate a good doctor, and when they find their fellow-country- men with genuine medical degrees, they will be only too willing to use them. There are at present only twelve scholars at the college, but the numbers will swell, and at the end of four years the South will be supplied with certificated native medical men, who will he'p to diffuse Western learning among their brethren.
With
The Ecole Pichon, where French is taught is the only institution of its kind here. this the list clo es. It is none too large, but of late years there has been a great increase in the number, and there is no doubt that every year sees a growing number of young hinese who are able to write and speak English fairly well, programme at the Tung Men Kun give great while the Christian College and the new promise for the future.
i
PAKHOI.
[FROM OUR CORRESPONDENT.]
STRANDING OF THE
16th November. ** CHWNSHAN.”: The s.s. Hailan, Capt. Anderson, arrived here on the morning of the 12th inst., with the sad news of the stranding of the British steamer Chunshan, Capt. Lawlor, in the Hainan Strait, which took place on the 9th or 10th inst. Hailan reports that on her way from Hongkong to Pakhoi direct she met the Chunshan en- tangled on the sand bank, flying signals of distress. As the Hailan was fully loaded she could offer no other assistance but to save the lives of those on board the stranded vessel, which
The
offer was imme liately accepted. For this purpose the Hailan remained by the wreck for over two hours to wait for the shipwrecked crew to be dragged on to her when the tide was slack, as owing
strong current the Hailan's boat could not reach the wreck. Seven European members of the crew_preferred to remain by their ship, but Capt. Lawlor requested Capt... Anderson to telegraph to the agent in Hộng: kong (Messrs. Bradley & Co.) for assistance, which was done immediately the Hailan arrived here. The Chunshan was on a voyage from Hongay to Hongkong, with coal, of which she has 2,700 tons on board. The pilot is said to have taken the vessel the wrong side of the buoy. She is now lying some three-quarters of a mile from land and between the red buoy and the shore, with big rollers washing from side to side. It is feared that with this spring tide, and with the prevalence of the N.E. monsoon usual at this time of the year, the Chunshan will be a total wreck.
THE WEATHER
is fine and cool just now, with thermometer at 60 degrees Fahr. in the morning, but up to the evening of the 14th instant it was very hot for the season. On the night of the 14th inst., Great School, or university, and the Middle however, it began to blow a hard N.E. gale,
two there are the
No comments yet.
Private notes are available after approval.