May 13, 1899.]
ยท CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
5th May.
IN ADMIRALTY JURISDICTION.
BEFORE HIS HON. W. M. Goodman (Aor- ING CHIEF JUSTICE), WITH COMMAN- DER W. C. H. HASTINGS, R.N. (RE- TIRED) AB ASSESSOR.
CLAIM AGAINST A BRITISH WAR-SHIP,
Tai junk, brought an action against Captain Wong Tat Choy, owner of a Kwong Loong
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389
His Lordship You don't say that at t
the present time merchant ships do not have to carry a light,
Mr. Slade reiterated that merchant ships not bound by the rules and regulations accepted in In all civilised nations the rule of carrying modern times came under the old maritime rule. lights had become universal; it was obliga- tory; but with regard to junks he asked His Lordship to lay down that the old maritime law applied to them, and that they were not bound to carry lights. It came to this, that a junk was not necessarily in any way whatsoever to she had a very good light burning at the time, blame if she had no light, though in this case
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for it. Mr. WILCOX is mistaken in saying that the system formerly in force in Hongkong was not compulsory; the Ordinanee made It a misdemeanour to engage and employ any servant not provided with a certificate of registration, such misdemeanour being punishable by a fine of not more than 830 or less than $5, or, in default of payment of such fine, imprisonment with or without hard labour for a period not exceeding one month nor less than seven days. Yet the system broke down com- pletely and the only effect of the Or- dinance was to make, the whole community technically misdemeanants. At Ceylon there is a similar Ordinance nominally in force at the present time, but from a Police Court case reported in the Colombo papers some time ago it would appear to be prac tically inoperative. In Tonkin, where a very strict system of registration is enforced, the reports of robberies by domestic ser vants appearing in the local papers are very numerous. It must be admitted, there large fleet of junks in their immediate neigh the junk capsized he was thrown into the water.
fore, that registration is prima facie a -remedy of doubtful efficacy. With refer
ence to No. 5 of Mr. Wilcox's recom- mendations, the Attorney-General might possibly give it as his opinion that the suggested entries would be libellous, as the late Sir JOHN SMALE suggested in a wages case that came before him on one occasion while the Registration Act was in force. The employer, who had lost property, which he suspected had been stolen, endorsed the servant's registration ticket. On the ticket being produced in Court the Judge threw out a suggestion that employers making such endorsements might render themselves liable to damages. But what- ever the law of libel might have to say to such a case, it would certain ly be contrary to natural justice that servants should have robberies recorded against them when they could not be proved to have had any connection with such robberies. If the boy, for instance, com- mitted a theft and escaped detection it would be rather hard on the house coolie, possibly a perfectly honest man, that he abould have his ticket endorsed with a
record of the crime. The strongest point in Mr. WILCOX's scheme seems to be the compulsory photographing of every servant, which would diminish to some extent the fraudulent use of certificates of character given to persons other than those presenting them; but even that would not afford a panacea, for of the robberies committed by domestic servants a large proportion we should say are committed by men who have been in the same service for some time. If a workable system of registration could be devised, however, and one that promised to afford any real safeguard, employers would naturally welcome it with delight, We believe we are correct in saying that the Captain Superintendent of Police had the question under consideration some ime ago, and we would ask, might not a trial be made by conducting a voluntary registra tion office in connection with the Police, where servants desiring employment might have their names entered and where em- ployers could apply when they wanted ser- vants? Such an office might be found to: serve a useful purpose, an if so its scope. could be extended. It would soon be seen whether the community really desired re- gistration or not; it such a desire did not become evident we think it would be a-mis- take to enforce the system, for laws unsup- ported by public opinion can seldom be
ked satisfactorily.
recover $8,100 for damages sustained by colli- G. A. Callaghan, R.N., H.M.S. Hermione, to sion.
Stokes and Master, appeared for plaintiff and Mr. Slade (instructed by Messrs. Johnson, Mr. Robinson (instructed by Mr. Dennys) for
defendant,
Mr. Slade said that about five o'clock on the afternoon of the sixth of March plaintiff's junk left Chi Loong Point in company with another junk of the name of Yet Tai, owned and com manded by plaintiff's father.
There was 8
bourhood. They had heen to sell their Bisb fishing grounds. The course steered by them the previous morning and were sailing to their was approximately south, by Chinese compass (which might vary a considerable number of degrees). The wind was somewhat to the South-east, about E.S.E., of very light strength. At about half-past one there were been drowned), the master of the junk, a man on deck four men the helmsman (who has keeping a look-out forward, and the man whose duty it was to attend to the sheets of the mainmast. Between one and two o'clock they sighted the white light of a steamer, and about three minutes afterwards a green light First a green light appeared abeam and almost and a red light were seen almost simultaneously, simultaneously a red light. As the lights came nearer the master called the crew on deck, and they shouted when the steamer came in sight. They showed no flare, doing nothing but shout, because on a pole about seven feet high at the stera of the junk a clear light was burning, and they trusted to that light, but unfortunately it until too late and the Hermione crashed into ask his Lordship to note that the Junk people's the junk. Continuing, Mr. Slade said he would
account of the lights was absolutely accurate when compared with the statement of defendant in his preliminary act of the course the Her-
to
was not seen
long and 18 feet beam. She was six years Plaintiff said his junk was about 75 feet old and carried two masts. He described there were 16 persons on board the junk. He what took place on the sixth of March, when said he shouted out to the people on the steamer asking them to change their course, but they did not do so. Suddenly the red light which and immediately afterwards the steamer struck was being shown by the steamer disappeared his junk on the port side amidship just in front of the main mast, and bis junk capsized. The bow of the steamer struck his junk. When
He swallowed a lot of water and came up from under the junk and was picked up by a boat of those on board his junk were lost. Of the from the steamer and taken on board. Eleven remaining five three were saved by the steamer and two by a fishing junk. He lost everything, including $820 which was on board.
usually carried a light to give notice to steamers In answer to Mr. Robinson, plaintiff said he
and also to give light to those on board the junk. boat, corroborated. He said that on the occa- Chung Yau Tai, a sailor on board plaintiff's sion in question he was in the bow of the junk and saw the white light of the steamer on the port side, and he reported the matter to the wards he saw a red light and also a green helmsman. Two or three minutes after-
light. He took them to be the lights of a steamer. Three or four minutes afterwards. cut into the junk, but not quite through, and the steamer collided with the junk: The steamer then the junk capsized. When he saw the steamer bearing upon them there were two" lights burning on the junk-one at the stern and one at the hatchway, Both lights were
the water and his head hurt. He was picked burning brightly at the time of the collision. When the vessels collided he was thrown into ap by the Hermione's boat and well treated.
6th May.
Lieutenant Davidson, officer of the watch on
mione was steering and the position she was in with reference to the junk. As to the legal effect of not having a light, this was not a case of two steamers coming into collision or two the Hermione, said the evening of the sixth of European vessels of any kind, but a case of March was fine but dark, there being no moon collision with one of Her Majesty's ships, or stars. The sea was smooth. He first knew which although not directly governed by the rule of the proximity of the junk when he saw of the road at sea on the regulations with
a small light 30 or 40 feet on the starboard bow regard collisions at
was sea,
yet governed by regulations of a precisely similar character in the Queen's Regulations. He thought it was also beyond dispute that the regulations for preventing collision at sea did not apply to Chinese junks, these regulations being only applicable to such nations as had accepted them. He was certain his learned friend could not show that they had ever been extended to Chinese native vessels. They had been extended to Chinese vessels of foreign build but not to Chinese native vessels. There fore the position of the junk would be governed by the old maritime law of the world prior to any special regulations being imposed upon ships generally as to their conduct on the high seas, when it was perfectly clear and beyond dispute that a sailing ship was under no obligation to carry any light of any kind whatsoever.
His Lordship asked if a sailing ship which came into collision could recover if she did not carry any lights.
Mr. Slade said certainly if there had been anything like reckless seamanship on board the other ship. She was not to be held to blame in consequence of her not having lights. Mr. Slade proceeded to quote cases in support of his contention.
Os
When he first saw
about a point, or less than a point. He gave the order to port and immediately afterwards gave the order hard-a-starboard, Between the orders there was not sufficient interval to allow of the first order being carried out. He gave the second order so that they would not run bows on. the light there was no possibility by any manoeuvring to avoid touching the junk. Fol- lowing the order he called out "Stop, full speed astern both engines," and this order was exe- outed, but it practically had no effect on the Hermions prior to the collision. The direction of the junk's course at the time was south easterly. The effect of the impact on the junk was that the latter turned over and then she passed to the starboard of the Hermions. The flash light was turned on and every effort made to save the lives of those on the junk. The Hermione stood by for about half-an-hour and then went on to Hongkong. Not more than ten seconds elapsed between hin sighting the junk and the impact. Prior to that ten seconds the junk had not shown any light at all. During the interval of ten seconds the junk showed a very small light a kind of head light, placed on the deck. He had heard it stated by witnesses on the other side junk carried a stern light seven dook, and over 20 feet above the less