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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 27, 1915.
FINDING.
The
We find that the S.S. Taishan, Official No. 133,245 of Hongkong, of whom ROBERT ALEXANDER BIRSS, Certificate of Competency No. 024435 of Dundee, was master, arrived at the Western Examination Anchorage, Hongkong, on
a voyage from Macao at 6.19 p.m., August 8th, and, sighting the Examination Officer's Launch, steered for same and that, when within some 600 yards from that Launch, was ordered by the signal M.N. to stop, and then, as is customary, with the way off the ship, to proceed slowly and carefully towards the Examination Vessel. This signal was answered by the Taishan hoisting her answering pennant in the usual manner, and reducing speed, coming along- side of the Examination Launch, practically stopped and with her engines going astern. We find that at the time the signal M.N. was first made, the S.S. On Lee, of which JAMES WILLOX, Certificate of Competency No. 036321 was master, was also seen approaching the Examination Anchorage from the S. W., and about 1000 yards off, going at full speed and heading for the Examination Launch. That the master of the S.S. On Lee, however, took no notice of the urgent signal M.N. which was made general to both ships with full sized flags hoisted to a yard 25 feet above the Examination Launch rail and kept flying for some 2 to 3 minutes, and the opinion of the Court on this point is that, if a proper look-out had been kept on board the S.S. On Lee, this signal must have been seen. On Lee proceeded at full speed towards the Examination Launch, and when about 300 yards off, stopped her engines and reversed, altering course to starboard some 3 points to pass ahead of the Examination Launch which was by this time backing down to deal with the S.S. Taishan, and the S.S. On Lee did collide with that ship when going at between 2 to 3 knots, hitting her amidships and doing extensive damage, and we are of opinion that, if the S.S. Taishan had not been protected by a heavy timber fender strake, she would have been then sunk, as a blow by the On Lee at that speed and end on would represent a weight of some 2,937 foot tons on impact. It has been strongly urged by the learned counsel for the defence that the S.S. On Lee did not see the signal M.N. and that even if he had seen it, the master was under no obligations to obey it, his first duty being to obey the Rule of the Road, treating the Examination Launch as a mark only, and that in this case the S.S. On Lee had the right of way, coming up from the south-west and having the Taishan ahead and crossing with her starboard side open, and that the fact that the Taishan was being dealt with by the Examination Officer did not relieve that ship from keeping out of the way of the S.S. On Lee and obeying Articles 19 of the Rule of the Road, etc. The Court are very clear on this point and would point out that the Examination Anchorages are well marked and established areas, and that all ships coming into such anchorages are under the direct orders of the Examination Officer who shall give such orders by signal or otherwise for the proper discipline and safety of such anchorage. Suitable officers of experience are specially selected by the Naval Authorities for the discharge of such duties and that Article 19 of the Rule of the Road did not apply in this case. As the S.S. Taishan was in process of being examined and was not under command the S.S. On Lee should have been governed by Article 27, and we consider it was plainly the duty of the master of the S.S. On Lee to have reduced his speed when the signal M.N. was made and then to have navigated with caution, seeing that the Taishan was under examination. This also holds good by the ordinary practice of good seaman- ship and the circumstances of the case, and we consider the S.S. On Lee was navigated at a high speed in the Examination Anchorage to the danger of other ships and that Articles 27, 29 and 30 of the Rule of the Road were contravened, and taking into con- sideration that at a previous Marine Court held at this Port on the 29th April, 1914, you, JAMES WILLON, were found guilty of dangerous navigation and warned to be more careful in future, we now order your certificate to be suspended for six months during which time a first mate's certificate will be allowed if applied for. And the cost of the investigation by this Court will be recoverable from the Sze Yap Steamship Company, Limited, under Section 19 sub-section 14 (b) Ordinance 15 of 1899.
Given under our hands at the Port of Victoria in the Colony of Hongkong, this 23rd day of August, 1915.
(Signed)
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C. W. BECKWITH, Commander, R.N.,
Stipendiary Magistrate and President of the Court. F. GIBSON, Acting Commander, R.N.,
H.M.S. Tamar,
WALTER, MICHAEL MESNEY,
Master, S.S. Yuen Sang.
CHARLES PETER SEDDON,
Master, S.S. Japan.
EDWARD FORSYTH,
Master, S.S. Kueichow.