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should be done. Amongst Chinese servants, especially amongst chair coolies, there is a large proportion of truculent and insubor- dinate men who cause much trouble and annoyance to their employers, but registra tion has not hitherto been found an effec- tive corrective. The system was tried for some years in Hongkong and broke down; it seems also to have broken down in Ceylon, A very rigid system of registration was some years ago brought into force by our French neighbours in Tonkin; whether it is still in force or not we do not know, but judging from the constant complaints that apppear in the newspapers it would seem that the Europeans there have even trouble with their servants than we in Hongkong. The servant difficulty is as old as the bills and exists the world over, and we fear its solution will not be found any easier in Hongkong than elsewhere. No doubt it would be very agreeable if the Government would provide us with an unlimited supply of servants who, like Lady Jane, would be na good as gold and always do what they were told; but we do not believe the Government will ever be able to do anything of the kind.
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THE HONGKONG WEEKLY PRESS AND
plaintiff Mak Lok, as owner of the junk and of her freight and of money and personal effects lost in her, claims $3,700.00; the owners of the cargo claim $6.058.86; Mak Tang Lung, the master, claims for clothing and personal effects $10.00; and the crew claim for clothing and personal effects $40.00, making a total claim of $9,808.86.
The junk was a three-masted vessel, of 800 piculs light and 1,600 picnls heavy cargo, and the Haitan was a screw steamer of 1,183 tous registered tonnage. The junk was on a voyage from Haimun, a port to the south of Swatow, ing from Hongkong to Swatow. The collision to Hongkong, while the steamer was proceed. took place about 11 p.m. on the 4th August, 1897, at a point on the coast of China some- where between Chiliang Point and Pedro Blanco Island. The wind was blowing from the east or nearly east, and was of moderate force, with a tendency to die away at intervals. There is of the weather, the evidence for the plaintiffs some conflict of evidence with regard to the state representing it as fine and clear, with the stars visible, while the evidence for the defence goes to show that it was cloudy and overcast and very dark, but clear ou the water. It is agreed for the plaintiffs allege that they first made out that there was no moonlight. The witnesses
the steamer at a distance of about three miles. while those for the defence assert that a vessel like the junk could not have been seen, without lights, at a greater distance than half a mile. On the whole I am inclined to think that the evidence for the defence has somewhat exag- gerated the darkness of the weather. The tide was of little force, with a south-westerly current.
THE TRADE OF WUCHOW.
The Customs returns for the fourth quarter of 1897 show that trade is making sub- stantial progress at Wuchow. The total
It is not disputed that the steamer was carry- revenue collected was Tls. 41,030, as against ing the regulation masthead and side lights. Tls. 36,241 in the previous quarter, or an
With regard to the lights of the junk there is a direct couflict of statement. The three wit- increase of thirteen per cent., and to this
nesses who were examined on behalf of the amount transit dues contributed Tls. 10,198, plaintiffs and who were on board of the junk at as against Tls. 8,383 in the previous quarter. the time of the collision state positively that The principal item in the import trade is there were two white lights carried by her, kerosine, the amount imported during the
one at the fore-mast bead and the other at the last quarter being 895,505 gallons, as against the witnesses called for the defence, who were mizzer-mast head. On the other hand, three of only 275,070 gallons in the preceding
on board of the steamer at the time of the col- quarter. In piece goods there has been a lision, assert as positively that the junk carried falling off, only 26,642 pieces of cottons no regular lights, and that there was only a flare. having been imported in the October up or other light seen on her deck immediately December quarter, against 45,531 pieces in before the collision. The witnesses for the the July-September quarter, while woollens plaintiffs, who were all Chinese, gave their fell from 5,239 pieces to 1,622 pieces. evidence in a manner which was unusually clear Metals on the other hand increased from and satisfactory for that class of witnesses. 1,872 piculs to 2,628 piculs. It is rather one of them stated that it was his duty to at
tend to the lights and that he hoisted them about disappointing to find that the piece goods sunset on the evening in question. On the other trade is not making more progress, but cor-side, while I see no reason for thinking that the responding quarters are rather brief periods on which to base comparisons. Possibly goods were rushed up a little too rapidly on the opening of the port, leaving a stock in hand which had to be cleared off in the following quarter.
SUPREME COURT.
16th March.
IN ADMIRALTY JURISDICTION.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE) AND Commander W. C. H. HASTINGS, R.N., (NAUTICAL ASSESSOR).
E
MAK LOK AND OTHERS V. 8.8. HAITAN." In this case the plaintiffs sued for damages arising out of a collision between the British steamship Haitan (Master, J. S. Roach), and the Kam Shun Hing junk (Master, Mak Lok). Mr. J. J. Francis, Q.C. (instructed by Mr. C. Ewens), appeared for the plaintiffs, and Mr. M. W. Slade (instructed by Messrs. Deacon and Hastings) for the defendants.
The hearing of the case was commenced on the 2nd March.
His Lordship delivered the following written judgment:-
This action is brought against the owners, the master, and all others interested in the steamship Haitan and her freight to recover damages on account of a collision between her and the junk Kam Shun Hing which occurred on the night of the 4th August, 1897. The
[ March 19, 1898. that of the fore-mast ou the port side and thata of the main-mast on the starboard side. Ther wind, which was very light, was nearly aft, and the vessel was moving slowly through the water. There was very little sea: All the crow were on deck and awake, When first seen thel
steamer's light was right ahead. Shortly after it was seen the master of the junk changed her! course little by little and brought it due west or towards the shore. At the same time the sails were slackened a little. Soon afterwards the
red light of the steamer was seen a little on the port bow. The course was not again altered. The green light of the steamer was never seen. As the steamer seemed to be bearing down on her, the master of the junk gave orders to f burn flare-up lights, and this was done once or twice by Mak Tang Lung. The crew also shouted out to attract the attention of the $ people on board the steamer. Shortly after the red light was seen, the steamer changed her e junk. She did not slacken her speed, and in a course a little to the left, that is, towards the
very short space of time she struck the junk on a the port quarter at an angle of about 45 deg. The after part of the junk was cut away by thes force of the collision and fell over into the nished by the shock; and the junk began to fill. water; the light on the foremast was exting-
One of the crew clambered into the bows of thes steamer, and the rest were picked up by her boat, which was lowered for that purpose. The steamer afterwards proceeded on her voyage, and the next morning landed the crew of the junk at Swatow.
For the defence the occurrence is described in the following way. Before the junk was seen the steamer was proceeding on a course
east by north half north, at a speed of about 11
The master,
knots an hour. The third officer was on the bridge in charge of the navigation of the vessel; a Malay seaman was at the wheel on the bridge; and a Chinese seaman was on duty as look-out in the bows. Captain Roach, was lying down in the chart- room underneath the bridge. The wind was standing on the port side of the bridge, saw the freshening. About 11 p.m. the third officer,
sails of a junk aliead about a point on the port bow. She was about a quarter of a mile distant. The third officer and the master say that both her sails were on the starboard side. About the same moment the look-out man reported her. F The third officer seized his glasses-which were on the bridge close to him—and with them
made out a large junk, with the wind on the port quarter, heading west south west, as far
as he could see, and going about three and a half to four knots. As that course would have brought her across the steamer, he gave the witnesses for the defence desired to wilfully order to put the helm hard-a-starboard. The mislead the Court on this point, I have to re-object of this manoeuvre was to cause the two member that the light on the mizzon-mast head may very well have been concealed from them short period of excitement which elapsed between by the sails of the junk, and that, in the very
their first getting sight of the junk and the collision, they may not have observed the light on the fore-mast head. I was not impressed by the evidence given on behalf of the plaintiffs to show that some one of the junk's crew had, on board the steamer immediately after the collision, made an admission to the effect that the junk was not carrying lights. On the balance of
evidence I come to the conclusion that the junk There was also a light on the after part of the was carrying the two lights above-mentioned. deck near the compass.
There is again a considerable conflict of avi- dence with respect to the circumstances and cause of the collision. It may be convenient that I should shortly summarise the accounts given by the parties respectively on this head.
First, with regard to the plaintiffs' story. For the purposes of navigation a man named Chan A Kwai was master of the junk, and he was at the helm on the evening in question, A man named Mak Tang Lung was on the look out. The crew was nine, all told. Some time before the collision the mast head light of a steamer was seen, at a distance of about three miles. Both vessels were then on the open sea, and apparently there were no other vessels in sight. According to the preliminary act the course of the junk was then about south-west, but according to the oral evidence the course was only one point of the Chinese compass re- moved from west. There were two sails spread,
vessels to pass one another starboard to star- di board. The order was obeyed immediately; the point to port, and then had the junk right vessel, answering her helm, came round one
ahead. The junk then, being at a distance of a 50 to 100 yards, ported her helm and eased off her sheets, trying to come right round and bringing her head to the west. The result of this manœuvre was that the junk attempted to cross the bows of the steamer from starboard to port. Meanwhile the master in the chart room had heard the wheel being put hard over, and at once came on the bridge. When he got almost right across the bows of the steamer there, he saw a junk right ahead, hanging
from starborad to port. He immediately ( put the telegraph full speed astern. There is: some variation between the statements of the third officer and the master on the subject`of- the position of the junk when the master came on deck and gave this order. The third officer:: says the junk was then in the act of changing her course; the master says he saw nothing of any change of course on her part. There is also some uncertainty as to whether any further ✨ order was at the same time given by the master. The third officer says that the helm was kept hard-a-starboard until the moment of the collision, and that the only order given to the helmsman was that given by himself; the master says he believes he gave the order to n steady the helm, but cannot be positive on the sit point; while the helmsman is clear that the master gave such an order and that he obeyed it. These contradictory statements help one to realise the imminence of the collision at the
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