NAVAL COURTS OF ENQUIRY

THE ASTON MEMORANDUM, coloured as it was by Parkes’ and Aston's experiences in Japan and, doubtless, anticipating a significant British maritime presence in Korea, referred to two additional features to the British judicial scene in Japan: Naval Courts and Inquiries. Despite their names and being operated by Consuls in a formal setting, neither was a court or a by-product of extraterritoriality. Both were administrative bodies established under the MSA and reporting to the Board of Trade. Each was convened ad hoc when required.

A Naval Court, consisting of three to five members including a Naval and a Consular officer, the senior of whom presided, plus a master of a British vessel, was to be held whenever a British vessel was lost or otherwise ‘whenever desirable.’ Where a death (regardless of the deceased's nationality) occurred on the High Seas on a British vessel, the consul at the next port, sitting alone, was to inquire into it and report to the Board of Trade.

While some 50 Inquiries and 78 Naval Courts were held in Japan, no Inquiries were held in Korea and just one Naval Court. This is unsurprising given how few British flagged vessels put into Korean ports.

The one and only recorded Naval Court held in Korea was that presided over by Aston on 17 October 1884 to investigate the loss of the Zephyr on the river Han near Chemulpo on 8 October 1884. The dates are interesting and demonstrate that a consul's authority to hold a Naval Court was unconnected with the Treaty and OC1884 – for a copy of OC1884 had not yet reached Korea and Aston would not have been able to exercise any powers under it.

The Zephyr's master, Patrick Hodnett, and the Korean pilot gave evidence that the river Han's navigation was by no means safe. Part of the cause of the loss was the pilot's inability to communicate properly with Hodnett except through sign language. The pilot had wanted Hodnett to anchor the vessel, but the latter had insisted upon proceeding.

British consuls in foreign ports also acted as shipping registration officers and dealt with the signing on and discharge of crew from vessels.