4
Appointment of the Commission:
7. This was the event known to the public, and to the members of the Com- mission, when we were appointed on 6th October, 1948 Commissioners under the Commissioners Powers Ordinance, 1886,
"to inquire into the cause of and responsibility for the loss of life and damage occurring at and in the vicinity of 351-367 Des Voeux Road West and Godowns 2, 3 and 4 Connaught Road West on 22nd September, 1948, and subsequent days and to consider and recommend what measures should be taken to prevent similar occurrences in the future”.
8. On appointment, there was made available to us a brief report on the Fire prepared by the Chief Officer for the Colonial Secretary, together with statements taken by the Police Force from various witnesses connected with the Fire and an interim report by Mr. R. C. Terry, Assistant Government Chemist, on his investigations into the origin of the Fire. It became plain then that there had been stored in the godown beneath the tenements a very large quantity of cinematograph film scrap together with quantities of a number of substances listed as dangerous goods under the Ordinance of 1873. This godown was not licensed for storage of these goods.
Release of Property:
9. In the meantime, owners of goods involved in the fire were not unnaturally anxious to gain access to the godowns, and to remove what had survived, while the Fire Assessor, who had been invited from Shanghai by the Fire Insurance Association, wished to make an assessment of damage. The Health Authorities were concerned over the danger to public health arising from the decay of vegetable products and the breed- ing of flies. We did not wish to delay unduly the taking of the necessary sanitary measures and the removal of property, so the Police Force was asked to request the Magistrate to open an inquiry under the Fire Investigation Ordinance, 1895, at the earliest opportunity and to apply for an adjournment sine die pending the report of the Commission. The Magistrate's enquiry was opened on 29th October. In order to facilitate clearance of the godowns and as we had plans of the distribution of goods stored in them, we notified the Police Force at the end of October that we had no objection to the release of property from either godown, subject to the requirements of the Build- ing Authority and the Health Authorities. The Magistrate made an order to that effect at the beginning of November.
CHAPTER II—THE TERMS OF REFERENCE AND THE METHODS
OF HEARING EVIDENCE ADOPTED BY THE COMMISSION.
The Scope of the Terms of Reference:
10. At our first meeting we had to give precision to the terms of reference and to decide upon our methods of operation. An inquiry into the cause of loss of life and damage involved ascertaining the exact number of casualties and an investigation into the structure and user of the premises involved in the fire, the origin of the fire itself, and the steps taken to save life and property once the fire had started. The deter- mination of responsibility for loss of life and damage depended on the outcome of the inquiry into its cause. We were aware that it might involve an inquiry into the circum- stances which occasioned the storage of film in an unlicensed godown, the conduct of the Fire Brigade in combating the fire and preventing illegal storage, and the methods of operation of fire insurance companies who would be vitally interested in fire risks. It would then be necessary for us to determine what measures could have been taken to prevent the fire taking place, and, once it had started, what measures could have been taken to reduce the loss of life and damage to property. A consideration of how these measures could be generally applied in the future would form the basis of our recom- mendations. The pattern of the Inquiry was therefore more or less clear, and it was decided to divide it into seven phases, evidence on which could be heard consecutively in a logical order.