CO129-515-1 Piracy- legal proceedings arising from sinking of S.S. 'IRENE' 18-1-1929 - 6-9-1929_Part_002





#sighed and prooseded to Bins Bay, 1945 Arrived at "A" Irmer patrol. At 2010 on Roth October, being stopped in position 320 degrees, 1.3 miles from the Earth #est corner of Bate Island, I sighted a stemship prosceding into Biss Bay showing only a faint light aft. I had assumed this position instead of that given in Commodore Hong Kong Remo.No.058 of 17th October,1997, so as to be able to sight any craft entering Bins Bay from between Bate Island and the Ɛainland, na well as thorugh the Main Channeλ. On sighting the steamer I went to Action Stations and took up a position just start the part beam of the steamer which appeared to have used the channel between Bate Island and the miniand. When ready I switched on the ten inch searchlight and ordered the steamer to stop instantly by Aldis Lamp. This was not obeyed, I the efore fired a blank round. The steaner did not stop, whereupon I fired a praoties projectile moress her bows, which caused her to stop and alter oourse to starboard. I Book station astern, and about two mirates later I observed the steamer to be going shead at full speed. I therefore fired one practise and one 8.A.P. shell into ber stern which did not stop her. At this tim E At this tim H.M.submarine under my command was under fire from men standing right aft in the steamer: thes.A.P. shell struck the counter and detonated which causedthe pirates to osase fire and probably killed several. The steamer proseeded at full speed and used helm to try to escape, but after some minutes I prassetat manoeuvred to a position on her starboard bean and fired one 8.A.P. and two H.E shell at her engine room. The last H.E. shell struck the ship just abaft the funnel and below the upper desk, and burst- ing well, out the steam pipe which caused the steamr to slow down gradan117. Shortly afterwards I observed that the ship was on fire aft. I saw several men juang overboard during the engage- ment and therefore proceeded to pick them up. The first min was evidently a pirate as a clip of pistol ammunition from which two rounds had beer used was found on him. him. In the next fe minutes I plaked up five of the Furopean officers and several Chinese, and dropped the Berthon Boat near several chinese as I wished to proseed alongside the steamr where a panie was developing · By this time, about 2045, the steamer which bad been identified us the ́s AIRENE, had lost her way and was burning furiously aft, I proceeded alongside bow to stern so sa to get my sonning tower underneath the fiere of ber bows on the starboard (lse)" side as I could then establish communioa- tion by training my gun påatform on the beam. During this operation one or two shots were fired from the IRFIT but it could not been seen from whence those came. The embarkation of passengers and crew was rendered difficult by the swell and by the fact that it was not poss- ible to get lines out. The IRENE was yowing considerably and it was with the greatest difficulty that the subum.zine was kept under the bow. I regret to report that four passengers (three male and one female) lost their lives during this operation, two by drowning and two from falling from the forecastle on to the saddle taris. It was impossible to control the panie among the Chinese. Having cleared the ship as far as the fire would permit I went matern: and hearing ories on the port side of the IRENE went alongside that side and rescued one chinaman who had became entangled with ropes handing over the side. I then proceeded to pick up some men I had observed in the water to Westward and to recover my berthon Bost. viilu alongside s.5.170K€ 1.3.Submarine L.5 ar ived and I requested her to search for men in the water, which she did, recovering twelve. At about this time, 2218, 8.4.IRFÆR showed a tendency to lie broadside on to the wind, therefore, as this would cause the fire to spread and also she might drift ashore I decided to archor her. I proceeded alongside her port bow and sent a party to let go the ate board anchor. This was completed at about $245, I remined songɛide until about 8330 and salved a certain amount of passengers effects which had been left on the forecastle, At 2545 I a aped sourse for How Kong having on board six Furopean ship's orrisers and 226 chinese, among whom were three pirates, Ì arrived at Song arrived at Song ong at 0318 on 21st Cetoter. At 0415 Police launches arrived and took charge of Ship's officers, refugees and pirates. I wish to bring to your notice the excellent behaviour of the officers and men under my command, especially the following i❤ Petty officer Telegraphist william John Dyer,Dev „J „28237 and Telegraphist Charles William King - Dev.3.66618, for the very efficient way in which the V/T communication was carried E.H.A. 4th Class Thomas ~illiam Duckworth Able Semam Berry Poole Paterson Stoker I class Edvard #right Ch.1.34520. Po.J.98603. Po..01.246. for the very galimż way in which they repeated dived over the side and rescued drowning Chinese. Able Setzen Cyril Ambrose Cotton Able Ceaman Charles Thomas Biddlecombe Dev.J.95884. Po.J.9E286. who were left in the Berthon Bost to collest man in the water whilst the submarine proceeded alongside the IHEM about a Alle away. These two ratings saved and embarked thres Chinese end for an hour searobed for others, a rozmricable performance under the conditions for so small and unstable a boat. I regret to report that the following damage was sustained by H.K.Submarine under my command hilst alongside .#.*IREKE" :- (a) Starboard foremost hydroplahe quard bent so as to foul the bydroplane. (b) Forward buoyancy tark damaged, (e Xun platforma bent an! påvok strained, (d) Fos.3 and 4 Fort saddle tarks leaking. This damage was due to the swell, which caused the submarine to bump the sa."IXRNE", I have the honour to be, sir, Your obedient Servant, The Commander (5) IV. H..S."AMBROSE". (SGD) F. J.C.Halahan Lieutenant R.F. 62771/29 Hong Kong Mr. Fox Strangways.25/4 Mr. Gent. Mr. Ellis. Mr. Bottomlef. Sir E. Harding. Sir J. Shuckburgh. Sir G. Grindle. Sir C./Davis. Sir J. Wilson. Mr Ormsby-Gore. Lord Lovat. Anod by y (ma April 1929 Mr. Amery. U./S. of State Foreign Office. Depl.evell. (0 (2) Come for. 8. With reference to your Derartment's letter, with enelagure, (3) No. F 1605/72/20 of the 12th of April 1929 on the subject of the Cofy without awill, to san" hit 1/4 sinking of the s.s. "Irene" in Bigs request you to inf Sec S. Aristan Bay, I am etc., to sp chamberlai that without offering any opinion on the questions · of law involved, he thinks that it would be deplorable if any payment were made in a case which arises out of the continued failure of the Chinese Government to fulfil their international obligation of putting down piracy. 2. Mr. Amery presumes that, if "Irene" was originally seized by pirates on the high seas, the mere fact that they brought her into Chinese waters gives no opening for a counter-claim. I am to enquire, however, whether it would be of any assistance to the Lords Commissioners of the Admiralty, in dealing with this matter, if particulars were obtained from Hong Kong of any cases in which British- owned ships were seized by Bias Bay pirates in Chinese waters, with a view to presenting a claim against the Chinese Government for the loss sustained through their laxity in allowing a nest of pirates to exist in Bias Bay. 3. W In verfuse to sii A. Chamberlaw's basice to be furnished Text of the Judgement given in the proceedings in the H.K. Cust is enclose copies of noted in the margen', The documents (~) Etecement of Clarin •Defence Evisame of Commodore (5) Judgement In any further communication this subject, please quote No. F 1605/72/10 and address- not to any person by name, The Under-Secretary of State," Foreign Office, London, S.W.1. 13 A. 20 in Dane o FOREIGN OFFICE 12th April, 1929. I am directed by Secretary Sir Austen Chamberlain to transmit, herewith, copy of a despatch from His Majesty's Minister at Peking reporting the presentation by the Minister for Foreign Affairs of a claim for compensation in respect of the sinking of S.S. "Irene" in Bias Bay on October 20th 1927. Sir Austen Chamberlain has no official information Copy for. 8. as to the issue of the action brought in the Hongkong Courts by the China Merchants Steam Navigation Company against the commander of His Majesty's Submarine L 4, but he understands that it was dismissed. He is however advised that the result of municipal proceedings is not necessarily conclusive on the question of international liability; and that in this case it may depend on the grounds on which the action was dismissed. Sir Austen Chamberlain will accordingly be glad if Mr. Secretary Amery will furnish him with a text of the judgement given in the proceedings in the Hongkong Court, together with his views as to the reply to be returned to the Chinese Minister for Foreign Affairs. 4. A copy of this letter is being sent to the Admiralty for their observations. The Under Secretary of State, Colonial Office. Your obedient Servant, Евита. Сполткий See14m52747/28 te. Mean-time jord Jahu Iy, 1929. beepivou Jlet jonucZY » See 14 an 52747/25 ita rofazonue be the firing upon and sinking of Irene of the Jaina orehunta' stean bavigation the 8.3. by the British submarine 1 4 in the late aftorneur of Loto ber th, 1927 Cuisinistry had the honour on the land oliver of the one your to adurens a 30to be Your koollunoy protesting and requesting your Goverment to take steps as doen as possible to meet the various claims hade by this Binistry. It is greatly regretted that up to the present time, after more than a year, no reply he been received. The incident happened at Bias Bay in Chinese territorial waterB. The Dritish subkarine L 4, unger cir- culota:ces cï no neceauity, opened fire on the pirated minese rerchant vessel with live sholls with the regult that she was completely sunt and as Kany as 4 Chinese citizens were cruel- ly done to death. uthlenz action of this kind is not only derogatory to Chinese sovereign rights but also carmot ba reconciled with principles of Justice and humanity. inproper mote of the conquwer of the suberino G hậ9 failure to observe internationul low were completely set for th in detail in the cte referred to upcve and it is, therefore, Unnec@Buary for me to mention then here. have the honour to invite Your Keelendy's earnest attention to the enclosed statement of the amounts to the damages subsequent to the attach on and sinking of the 9.6. "İrane* and would request you to take steps to settle this question of compensation in the first instance in order to snow fairness and strongtlien friendly relations. I have, in addition, the horcur to state that this is a cage for negotia- tion between our two countries in which the entire responsibility should develve upen Your xcellency's Government, and that whatever the ragull sy be of the gotion brought by tas ha eronauta stean Cari- gation Company in song Long it can in no way affect the responsibility oi four 40061lency's Government. I have the honour to infor. Your xeellency accordingly and to request the favour of a reply. ( Jigned) VAN OR C... Ï'ikQ. Joal of the Vai Chinc : U. Binister for Foreign Affairs. * IFCUNAGD PTS THE SINKING ON TILL 8.3. *IRGIN Kull of the a.s. Irene, replacement value* Actual daily loss of trade subsequent to sinking of ship. 760 dollary 68369sed for 10 years at a total of (At the time of the catastrophe the "irere" still had ten years seaworthine30). If due compensation for the ship is onde as pur article i the loss of trade shall be reckoned up to the date on whigh col- pensation is made. Compensation for the lives of the drew and paouongoza iu aoscased at 20 dollaru 2,700,000 10,000 taels pa peron Crow's exfedts 5. Passengers' effects 6. ferschel (7) oargo insured OSTEO, total capital axunt of insurance 000 aollars 8du äriiers 30,129 tadlo 3.0 Laels Uninsured cargo, capital amount Cargo belonging to the two foreign firno of Jei Len Tsu ane Tou An Shih work about 7(3iemens) 2,000 toela ?(Loan's) Crew's travelling expenses back to Shanghai and clothing, etc. úrew's total wages from date of incident to date of diuniscal. it 10 net olun. 7,145.534 GOVERNMENT HOUSE, HONGKONG. 30th January, 1929. 52837/28 With reference to your despatch No.318 of 27th September, 1928, regarding the action brought in the Hong Kong Courts in respect of the loss of the S. S. "Irene", I have the honour to inform you that this action came on for trial on 17th January, 1929, when the action was dismissed with costs to be paid by the Plaintiffs. (2) Statement of Claim. (3) Statement of Defence. A copy of the documents noted in the margin 4) Statement of Evidence of Commodore. (5) Judgment. @br. 3-1 is enclosed. I have the honour to be, Your most obedient humble servant, Copy of enclos only 6FQ 1-8. THE RIGHT HONOURABLE LIEUTENANT COLONEL L.C.M.S. AMERY, M.P., Governor, &c. (Form No. 1.) Action No IN THE SUPREME COURT OF HONGKONG. ORIGINAL JURISDICTION. Plaintiff, The China Merchants Steam Navigation Company Owng of the 5.5."Irene" Defendant. F.J.C. Halahan Commanding H.M Submarine L.4. George, the fifth by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, KING, Defender of the Faith, Emperor of India. F. J. C. Halahan Commanding H. k.' Submarine L. 4. c/o The Senior Naval Officer, Victoria Harbour. WE command you that within eight days after the service of this writ on you, inclusive of the day of such service, you cause an appearance to be entered for you in an action at the suit of The China Merchants steam Navigation Company Owners of the .5. "Irene" of Nos. 15-16 Connaught Road West, Victoria in the Colony of Hongkong Ship-owners. and take notice that, in default of your so doing, the Court may give leave to the plaintiff to proceed ex parte. WITNESS the Honourable Chief Justice of Our Cowper Gollan Kt. C said Court, the Ktry Of B. E. ba. C. D. Melbourne. Deputy hegistrar. STATEMENT OF CLAIM. The plaintiff's claim is for damages for losses occasioned by the wrongful banking of their chip tac 5.3. "Irene" by the Defendant on the 2lct uay of October 1927. This writ was issued by Lee & Sd./Ruse *. Solicitors for the Plaintiffs. who resides Lee & Buss whos address for service i No. Des Voeux huau Central, Victoria aforezziu policitors to the above named Plaintiffs who revice at Nos. 15-16 Connaugut k west, Victoria Hongkong. Jd. Lee & Russ 諭爾被告知悉自交此票與爾之日起 爾須投詞到案否則 桌憲大人准可據原告供詞從公批判 香港按察使司經歷 MEMORANDUM OF THE DATE OF SERVICE. Action No. personally by This writ was served by the 1928 at No. 6, x on Wednesday the Des Voeux Road Central (3rd floor) Victoria in the Colony of Hongkong F.J.U. Halanan on the Defendant Commanding H.M.'s Submarine L.4 by handing to him a true copy of the Writ of Summons herein. IN THE SUPREME COURT OF HONGKONG. ORIGINAL JURISDICTION, Issued the day, the WRIT OF SUMMONS. (The Code of Civil Procedure, Section 7.) Indorsed the sa. K. b. Chell, Clerk to Messrs. Lee & Russ Solicitors, Hongkong. The China Merchants Steam Navigation Co. Owners or the s. S. * lrene" F. J. C. Commanding H. M.'s Submarine 1.4 Plaintiff. Defendant. NOTE. This writ is to be served within twelve calendar months from the date hereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards. The defendant may appear hereto by en- tering an appearance, either personally or by solicitor, at the Registry of the Supreme Court in Victoria, Hongkong. LEE & RULS Plaintiff's Solicitor, 6, Des Voeux ka. HONGKONG. IN THE SUPREME COURT OF HONGKONG ORIGINAL JURISDICTION ACTION NO. 67 OF 1928. Stamps.102 $6.00 (Int.) C.D.M. 16.5.28. The China Merchants Steam Navigation Company owners of the S.S. "Irene" Plantiffs, F.J.C. Halanan commanding H. l.'s Submarine L. 4 Defendant. STATEMENT OF CLAIM. The plaintiffs are a Company in Peking registered and incor porated according to the Laws of the Republic of China. The Defendant at the time the cause of action arose was the officer commanding His Majesty's Submarine L. 4. The Plaintiff have suffered damage by reason of the wrongful skinking of their ship the S.S. "Irene" in the territorial waters of the Republic of China by gun fire from the said Submarine 1.4 on the night 19th/20th October 1927 under the command of the Defendant. PARTICULARS OF DALAGE Total loss of S. S. "Irene" Loss of stores on board S. S. "Irene " Loss of officers kits on board S.S. "Irene" Loss of use of ship from 19th day of October 1927 at $1,000:00 per day Extra disbursements to officers and crew for clothes board, lodging and fares to Shanghai occasioned by the wrfongful act of the Defendant $500,000:00 $5,000:00 $15,000:00 $10,000:00 Dated this 18th day of May 1928 Sa. H. B. Sheldon. Counsel for the Plaintiffs. In THE SUPREME COURT OF HONGKONG ORIGINAL JURISDICTION ACTION NO. 67 of 1928 The China Merchants Steam Navigation Company owners of the S.. "Irene". F. J. C. Halahan commanding H. M.'s Submarine L.4. STATEMENT OF CLAIM. Filed the 18th day of May, 1928. TAKE NOTICE that you are hereby required to file a Statement of Defence in reply to this Statement of Claim within three weeks from date of sercice of same. Sa. Russ & Co. Solicitors for the Flaintiffs. To Messrs, Hastings, Dennys and Bowley Solicitors for the Defendant. Solicitors for the Plaintiffs, $6.00 (ITL.) 26/7/28. IN THE SUPREME COURT OF HONGKONG. ORIGINAL JURISDICTION. Action No. 67 of 1928. The China Merchants Steam Navigation Company, Owners of the S.S. "Irene " Plaintiffs F.J.C. Halahan Commanding H.M.'s Submarine L.4. Defendant STATEMENT DEFENCE. 1. The Defendant admits the statements in paragraph 1 of the Statement of Claim. At all times material to the issues in this action the Defendant held the rank of Lieutenant in the Royal Navy and was in Command of His Majesty's Submarine L.4. The Defendant denies that the sinking of the S.S. "Irene" was caused by gun fire from or any action of the said Submarine. The Defendant says that the sinking of the said ship was caused by fires started by pirates who were in control of the said ship under the circumstances hereinafter set out. 4. On or about the 19th October, 1927, whilst on the high seas, and on a voyage from Shanghai to Amoy, the S.S."Irene" was seized by pirates, her ship's officers overpowered, and the ship's course altered to Bias Bay, which had been and was at the time a base for piratical operations. At 8.10 p.m. on the 20th October, 1927, His Majesty's Submarine L.4 was stationed about 1.3 miles from the Northwest corner of Bate Island. A steamship was sighted proceeding into Bias Bay and showing a faint light aft but no navigation or other lights. The steamer subsequently proved to be the S.S. "Irene", and, at the time, was in the hands of pirates. The submarine took up a position aBaft the steamer's port beam, a search light was swtiched, on, and a signal to stop instantly was made by Aldis lamp. This order was not obeyed and a blank round was fired by the Submarine. The steamer still continued continued on her way, but, on a practice projectile being fired across her bows, she stopped and altered course to starboard. The Submarine took up station astern, but, about two minutes later the steamer proceeded ahead at full speed. At this time the Submarine was under fire from small arms from the steamer. Two shells (one practice and one semi-armour-piercing) were fired into the steamer's stern, but she still proceeded at full speed and used her helm in an attempt to escape. After some minutes three shells (one semi-armour-piercing and two high explosive) were fired at the steamer's engine room, the last of which out the steam pipe and caused the steamer to slow down and eventually stop. Subsequently the steamer was seen to be on fire aft. There upon the Submarine came alongside and every effort was made to save both the ship and those on board, six ship's officers and 226 Chinese being rescued. During this operation the Submarine was again under fire from small arms. 5. Under the circumstances above mentioned, it was the duty of the Defendant, as Commander of the said Submarine, to take all necessary steps to capture the pirates and to gain control of In the performance of this duty the Defendant the S.S."Irene". acted in the manner set out in the preceding paragraph and used no more force than was reasonably necessary under the conditions prevailing. The Defendant repeats the statements in paragraph 4 hereof and says if the acts there set out caused the sinking of the S.S."Irene" the said acts were performed by him by the direction of the Crown and as an act of state. The Defendant repeats the statements in paragraph 4 here of and says that if the S.S." "Irene " was sunk as a result of any of the acts there set out or by gun fire as alleged in the State- ment of Claim, the acts of the Defendant which caused the sin- king of the said steamer-whether by gun fire or otherwise- were performed by the Defendant as an officer of the Royal Navy and and a servant of the Crown and such acts have been ratified and adopted by the Crown as an Act of State. Dated the 26th day of July, 1928. Sa. Eldon Potter. Counsel for the Defendant. IN THE SUPREME COURT OF HONGKONG> ORIGINAL JURISDICTION. Action No. 67 of 1928. The China Merchants Steam Navigation Company, Owners of the S.S."Irene". F.J.C. Halahan Commanding H.M.'s Sub- marine L.4. STATEMENT OF DEFENCE. c &c & &c & c &¢ ¿¢ &c &c & cöcécöcá¢ő£&£ We consent to the filing of the Statement of Defence herein. Sd. Russ & Co. Flaintiffs' Solicitor. 25th July, 1928. Filed 26.7.28. (Ita) C.D.M. HASTINGS, DENNYS & BOWLEY. Defendant's Solicitors Hong Kong. IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION. Action No. 67 of 1928. #folios @ 2.40 #27 73.060" The China Merchants Steam Navigation. Company, Owners of the S.S. "Irene" F.J.C.Halahan, Commanding H.M.'s Sub- marine L. 4. 6th December, 1928. Mr. B. Johnson, present. Mr. Russ, present. Plaintiffs Defendant. John Lewis Pearson. sworn. Commodore in charge of Naval Estab- lishments at Hong Kong.. Held that appointment since December, 1926. I know Defendant in this action Lieut.Commander Halahan - in October, 1927, he was in command of Submarine "L 4" In October, 1927, I issued operation orders for action--- against pirates under the authority of the Cammander-in-Chief. I am entirely responsible for drawing up the orders. produce a copy of the original orders (Marked "A"). I have--- read the Statement of Defence filed in this action paragraph 4 put to witness The acts of the Defendant set out in para graph 4 were carried out entirely in accordance with the above mentioned order (Exhibi\"A"), The order was intended to cover such acts. The action taken was entirely approved by me When this action was started I received instructions from the-- Admiralty in a letter signed by, Charles Walker. I produce the to original (Marked "B"). This letter instructs me to decline admit any legal liability to the Plaintiffs in this action. It also informs me that H.M.Government have ratified the acts of-- the Defendant as an Act of State. I personally know that----- Charles Walker is Deputy Secretary to the Admiralty. amiliar with his signature and I have compared the signature on "B" with others received by me from time to time, and I believe it/ it to be the genuine signature of Charles Walker. (Signed). J.L.Pearson. (Signed). C.D.Melbourne. Registrar, Supreme Court. 6th December, 1928. Commenced at 10.30. a.m. finished at 10.55. a.m. CERTIFIED TRUE COPY. Registrar, Supreme Court. 6th December, 1928. Note:-Original Exhibits "A" & "B" in sealed cover in Original IN THE SUPREME COURT OF HONG KONG. ORIGINAL JURISDICTION. Action No. 67 of 1928. The China Merchants Steam Navigation Company, Owners of the S.S. "Irene". Plaintiffs F.J.C.Halahan, Commanding H.M. Sub- marine "L.4." Defendant Evidence of John Lewis Pearson Taken and filed 6-12-1928. IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION Action No. 67 of 1928. The China Merchants Steam Navigation Company, Owners of the S.S. "Irene" F.J.C. Halahan Commanding H. M.'s Submarine L. 4. Dated the 17th day of January, 1929. $15.00 Stamps. but.com. 21-1-29. Plaintiffs, Defendant This action coming on for trial this aay before this Court in the presence of Counsel for the Plaintiffs and for the Defendant and Counsel for the Plaintiffs offering no evidence this Court doth order that this action do stand dismissed out of this Court with costs to be taxed and paid by the Plaintiffs to the Defendant. Int. V.T. sd. C. Melbourne. Registrar. IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION Action No. 67 of 1928. The China Merchants Steam Navi- gation Company, Owners of the S.S. "Irene". F.J.C. Halahan Commanding H.M.'s Submarine L.4. JUDGMENT c & & & & & & & & &&&&&& Filed the 21st day of January Int. C.D.M. HASTINGS, DENNYS & BOWLEY, Solicitors 1or the Defendant, Hongkong. Letters should be addressed to- THE TREASURY SOLICITOR, and the following reference quoted on the over and in the letter: Jephone No.: VICTORIA 8220. legraphic Address: “PROCTOREX, LONDON. Code used: A.B.C. 6TH EDN., 5 letter. Dear Caine, NATIONAL DISABLED STOREY'S GATE, ST. JAMES'S PARK, LONDON, S.W.1. 18th January, 1929. S. S. "Irene. It will interest you to know that Cagents in Hong Kong, I have received the following cable' from Messfs. Hastings, Dennys & Bowley:- "Irene action dismissed with costs. I shall doubtless receive a detailed report from them in due course, when I will communicate with you further. S. Caine, Esq Colonial Office, Yours very truly,

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