480
THE NEWCHWANG”-“ ONWO”
COLLISION case.
JUDGMENT.
The following is the judgment delivered in the Supreme Court at Shanghai, in the New chwang-Onwo collision case:-This suit arises out of a collision which occurred on the 30th of April 1896, at Woosung at a point somewhere about half-way between the Feima lightship and the Kwashing. The Onio was proceeding down the river on a voyage from Shanghai to Hankow and the Newchwang was coming up the river on a voyage from Amoy to Shanghai. The Onwo crossed the Woosung Inner Bar about 2.25 a.m. by the Feima channel. When she came abreast of the Feima lightship, or a little before, she ported her helm to round it, and a little while after she again ported. The cross-examination of the plaintiffs witnesses, indicated that the New chwang's contention was that after passing the Feima lightship the Onwo went over to the Woosung side. We had no direct evidence in support of this contention and I find, as a fact, and the Assessors agree with me, that the Onwo never was on the Woosung (i.e. the Onwo's port(❘ side of mid-channel. As she came over the bar she was bound to show her green light to any ship down by the mouth of the Woosung creek, but if she was, as alleged by the witnesses on the Newchwang, green to green, this must have been owing to the direction of the bow of the Newchwang and not on account of the Onwo being far over on the Woosung side of the river. The Onwo proceeded after rounding the Feima light on the usual and proper course, namely, on the starboard side of mid-channel. She saw the masthead and red lights of the Newchwang off the mouth of the Woosung creek, and shortly after her red light was shut in and the green appeared. The Newchwang came on and when close to the Ono blow two blasts of her whistle, star- bearded her helm and ran into the Onwo from 15 to 20 feet from the Onwo's stem. Just before the collision the Onwo hard-a-ported and blew one blast of her whistle. We have no evidence that any whistling on one ship was heard on the other, except the two blasts blown by the Newchwang just before the collision. The point of collision was well over on the Pootung side of the channel. The Newchwang came up the river and, when she was a little below the mouth of Woosung creek, she saw the lights of a steamer crossing the bar. She stopped her engines and drifted on until, as her witnesses say, the approaching vessel showed her green light on the Newchwang's starboard bow. If the Onwo's green light ever was on the starboard bow of the Newchwang it must have been because the head of the Newchwang had swung round towards the Pootung side of the river; but, whatever was the reason, the master of the Newchwang then determined to
THE HONGKONG WEEKLY PRESS AND
as the Netach Then
excuse
had pas
Dece ber?
Bee accordance
derived from the Khedive (5 App. 902) and the Benares (9 P.D. 16) I ; Assessors the following question had they Answer; but not
ortunit es, to stop
sto
and reversed P Answer continuing to go full speed ahead the only chance of avoiding the collision
Onwo
a discretion as to obeying or departing from the sailing rules, is dangerous to the public. and that, to require them to exercise such dis- cretion, except in a very clear case of necessity, is hard upon the masters themselves." (The William Frederick 4 App. Cas., 669). I put the following question to the Assessors: "Was the course of the Onwo after passing the Feima light such as to justify the Newchwang in con- cluding that the Onwo was going to take the Woosung side of the river? They answered this.in the negative, and I must therefore hold the Newchwang to blame. But the Newchwang No." I must therefore hold alleges that Regulation 18 applied, and that the blame for not complying with Re Onto did not comply with it. I do not think it is Whether the collision could have denied by the owners of the Onwo, but anyway I avoided had she stopped and reve find as a fact that the Onwo did not slacken speed, risk of collision arose may be doul stop, or reverse, in fact her engines were going I have no doubt that the disastrous effects full speed ahead at the time of and after the of the collision could have been greatl collision. That being so, it is for the Oniso to gated. I wish also once more show why she did not comply with Article 18. upon masters of vessels the absol So far as I can gather, her contention is that of adhering to the Regulations. there never was risk of collision until the New Regulations are carefully adhered to there need chwang hard-a-starboarded and that after that not be any great danger in navigating this river she had not the opportunity to stop and reverse. but if they are not adhered to such collisions as As to this, let us see what Mr. Cooper said..that between the Onwo and the Newchwang will He was asked (p. 3):
occur. The judgment of the Court is that both ships were to blame, and the usual decree will follow.
"When did you first see anything of the steamer which afterwards proved to be the Newchwang ?-Just about abeam of the Feima lightboat..
"What did you see? I saw her red light and masthead light slightly on our port bow.
In what part of the river was the vessel you saw then approaching PI should say a little above Woosung creek and well over on the Woosung side.
Was there any change in the lights of the approaching steamer Yes, she shut in her red light and showed her green.
Soon after, or a considerable time ?-Shortly after I first sighted her.”]
The result of this evidence and an examina tion of the chart, is that those on the Onwo must have known shortly after they sighted the Newchwang that she was coming up the wrong side of the channel. In the case of the Memnon, (59 L. T.) at page 291, Lord Esher makes these remarks: Is a sailor justified when he sees another man navigating his ship in a hazardous manner and though not illegally (the Newchwang was acting illegally) "yet in an unsafe way,-is he justified in supposing that the man will only go to the extent he is then going in doing what is risky and hazardous? The gentlemen who assist us agree that an officer is not justified in supposing that." So here I think that when those on the Onwo saw that the Newchwang was coming within 60 feet of the Kwashing and was showing them her green light they ought to have realised that there was risk of collision. Mr. Drummond relied greatly on the case of Wilson, Sons & Co. v. Currie (App. Cases 1894, p. 116), but that case is materially different from the present. There the Thorsa, which it was sought to hold jointly to blame with the Otto, stopped and reversed. But it was said that she ought to have stopped and reversed sooner. The Court held that she was not to blame for not having stopped and re- versed sooner; and Lord Halsbury at p. 121 says: "When at last it was apparent to the master of the Thorsa that the master of the Otto was go- ing to manoeuvre as he ought not to have done
|
hen
once more to impress
HONGKONG
ecessity If those
We are enjoying magnificent weather no and cyclists, who are largely increasing in num ber in the colony, are taking every advantag of the favourable times. The annual regatta was held on Thursday and Friday and proved most enjoyable and also interesting from a sport- ing point of view. On Monday a meeting of the Legislative Council was held. On Tues- day Hon. F. H. May appeared at the Police Court to prosecute three firemen who had ab- sented themselves from duty. The charge was dismissed, two of the men being cautioned and one reprimanded.
The football match on Saturday between the Hongkong Football Club and Kowloon resulted in a win for the latter by five goals to nil.
The Rugby football match between the Hongkong Football Club and the West York- shire Regiment on Tuesday afternoon was won by the Club by five points to nil.
On the 14th December Mr. J. L. Prosser, Act- ing Superintendent of Crown lands, sold two lots of Crown land at Hunghom for. $3,500. The purchasers were the Hongkong Land In- vestment and Agency Company, Limited. The upset.price was $1,426.
The Secretary of the Punjom Mining Co., Limited, advises us that he has received the following telegram giving the result of the The cyanide November cyanide clean-up plant worked 27 days treating 610 tons of tailings yielding 240 ozs. of bullion of an average assay value of £1 138. 6d. per oz.”
A very enjoyable organ recital was given at Union Church on the 14th December by Mr. George Grimble, assisted by Mrs. P. Sachse, Mr. G. P. Lammert, and Mr. E. Mirow who gave vocal solos. Mrs. Sachse's rendering Sebastian, Bach's "In Deine Haende" and two Christmas carols was a treat which will not soon be forgotten by those who had the plea- sure of hearing it.
come up the Pootung side of the ohannel. He came on, passing the Kwashing (which is well over on the Pootung side) within 60 feet; when nearing the Onwo he blow two blasts of his whistle, starboarded, and reversed his engines. The collision followed; both vessels were injured and the Onwo sank, causing a most lamentable loss of life both of Chinese and of foreigners. Now if is plain that the Newchwaug did not comply with Regulation he stopped and reversed." In the pre- 21. Her explanation is that the Onwo so acted sent case when ought it to have been apparent as to make her believe that she was going down to the master of the Onwo that the master of the Woosung side of the river. With regard the Newchwang was going to manoeuvre as he to this I would adopt the words used in the ought not to have done? Mr. Cooper says case of the Highgate:"It is only where a they sighted the Newchwang's masthead and red clear case of necessity is made out that a cap. light just about abeam of the Feima lightship tain can excuse himself for not following the and that shortly after she shut in her red and rule" (The Highgate, 62 L.J. N.S. 841), and showed her green. The Newchwang came with and a
1 again in the Test it is said: "The prin- in 60 feet of the Kwashing, still showing her ciple of law that you are not to adhere to the green light. If any one looks at the chart he strict rules of navigation but avoid an accident cannot help seeing that the Newchwang was not if possible, is a doctrine to be very carefully then on her proper side of the channel, and if watched." (The Test 5 N. of C. 278). With she was showing her green light it must have regard to the case of the Commerce (3 Robin- been apparent to those on the Onwo that the son, 287) cited by Mr. Platt in support of his Newchwang was manoeuvring in an improper argument that the Onwo ought to have given manner, and I think that that ought to way, it is to be observed that the Privy Council have been apparent some time before the remarked that "though the principle involved Newchwang was abreast of the Kwashing, in that case may be in itself a sound one it is one The question I put to the Assessors was
When should those on board the Onwo which should be applied very cautiously, and only where the circumstances are clearly exceptional. have reasonably concluded that there was risk They conceive that to leave to masters of vessels,] of collision ?" To this they replied: As soon|| chair-using public, his ingemous devio
46
At 12.50 on Thursday morning a fire broke out on the ground floor of an oilman's store at 10, Queen's Road West. The floor was burnt ou but the remainder of the building was no touched by the fire. The contents were with Messrs. Siemssen & Co. in the surance Company for $2,300. Hon. FI Superintendent of the Fire Brigade, was in charge of the firemen, and Inspector Kemp with a body of police saw that the crowd did not hamper the work of the Brigade.
We saw the other day a new device mountain chair, namely, to a hood in substitution of the The hood is like a miniature ricksha 1
hood and when not
back on the basket behind It or lowered in a moment and struck much less cumbrous than the
We
Government liberty of desóri
inventor excuse
for the
fit
plied
olds
of tho