10
(c.)-Cargo and passengers' baggage, etc.
The Regulations with regard to the stowage of cargo and passengers' baggage have never been observed or enforced. The responsibility here must be shared alike by the owners of the ships, by the Master, by the Captain Superintendent of Police and by the Harbour Master. The omission to observe these regulations has been open and deliberate and has been in no measure an evasion. As will appear later in this report we are unanimously of opinion that these provisions are impracticable and ineffective.
(d).--General.
So far as the responsibility for carrying out these Regulations rests upon the owners, we find that the owners of S.S. Sui An have been completely exonerated.
We are impressed with the fact that they have done everything in their power to ensure that full effect should be given to the Regulations on this ship.
(2.)-BY THE MASTER.
Captain Birss, the Master of the S.S. Sui An, has in our opinion contravened the following Regulations :---
(a.) Regulation No. 26, which requires that "Each guard while on duty shall
carry one police whistle, one rifle and 50 rounds of ammunition, and one revolver and 25 rounds of ammunition”.
(b.) Regulation No. 27, which requires that guards shall be exercised weekly in the use of their weapons. Also Regulation No. 20 which requires that the arms and ammunition of the ship should be tested weekly by the ship's officers.
(c) Regulation No. 28, which lays down that "At least one guard shall be on duty and shall patrol the space between the dodgers and the grille protecting the bridge deck at all times during the voyage". All guards on duty were posted outside the grille which protected the bridge deck. (d) Regulation No. 32, which requires that "Each certificated officer shall carry one revolver and 25 rounds of ammunition at all times while the ship is in a danger zone". The Master and his certificated officers were carrying no arms.
(e) Regulation No. 52. This relates to the locking of the engine and boiler room doors at all times while the ship is in a danger zone. The Master shares with the Chief Engineer the responsibility for the fact that the doors of the engine and boiler room remained unlocked.
We find that Captain Birss understood the terms of the Regulations and the purpose for which they were framed. He however disapproved of them for reasons which he has given us and made his own arrangements independently of them. We consider the reasons given by Captain Birss to be unsatisfactory and that the arrangements he made in lieu of those laid down in the Regulations were of such a nature as to make the defence of the bridge in event of attack, practically abortive. Only two rifles were issued to the four guards on duty. By direction of Captain Birss they were carried unloaded. The guards were only given a few rounds of ammunition for their revolvers. Neither Captain Birss nor any of his certificated officers carried arms. The Piracy Regulations were not brought to the notice of the officers by the Master. The only direction given. by him in the event of a piracy was that the guards should retire to the bridge. He failed to realise the danger of piracy and that any piracy must be a surprise attack. His guards were not properly disposed. We realise fully the difficulty in which Captain Birss was placed by the surprise piratical attack made on his ship. We desire to guard ourselves from being understood to reflect here upon his personal conduct on that occasion. In our opinion, however, he must be found negligent in having omitted to hold himself, his certificated officers, and his guards, in readiness to defend the ship in accordance with the Piracy Regulations.
(3).--BY THE Chief OfficeR.
We find that the Chief Officer must be held negligent for having omitted to carry arms as required by Regulation No. 32.
Page 15Page 16