184
THE HONGKONG WEEKLY PRESS AND
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[March 10, 1902.
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If their case was correct the Skramstad showed them her green light and was the yessel which had to keep out of the way, and the duty was cast upon her also of stopping and reversing. Article 22 said that every vessel which was directed by these rules to get out of the way must, where circumstances admit, avoid cross- That was what the ing ahead of the other. Skramstad alleged the Tai Cheong attempted to do, and that was what they alleged the Skramstad attempted to do. By Article 23 it was required that every steamship directed by these rules to get out of the way of another approaching her if necessary her speed or stop, Or reverso. slacken
it would be denied He did not think that both vessels did that. The Tai Cheong went full speed astern for three minutes before the collision and he thought there was doubt that the Skramstad also went full speed astern some little time before the collision; probably she had rather more way on than the Tai Cheong had. Articlə 25 required stea'n vessels to when practicable keep to that side of the fairway or channel which lay on their sta.boad side. It was for his Lordship to decide whether the Harbour at this place is a narrow channel. It has been held in various cases that the Thames at Halfway Point is a narrow channel. The entrance to the River Tyne is a narrow chaunol.
10
His Lordship-The Straits of Messina were held to be a narrow channel.
her course through Lyeemun. The Tai put her helm hard aport and went into collision. [ Cheong turning off to starboard did the same Cheong was probably going slightly faster The collision, she said, took place about half a thing and also turned some way and brought than the Perla; at any rate the latter occupied mile from Braemer Point; that would be just the Tai Cheong on her starboard side she then some time in turning after she had passed the about the line laid ou the chart between Stone-got into a position infringing this rule. She former's bows. The Tai Cheong came up on cutters' and Devil's Peak. Braemer Point was having turned down, as they alleged she did, it was then her duty to get out of their way, and the Perla and gradually drew ahead of her. ¦ described as being midway between North Point The one ship cunt nued to follow the other, and and Quarry Point, There was one thing in the that she failed to do. Article 21 provided that both pursued their course up the Harbour, the case which he thought there would be no dispute when one of two vessels had to get out of the
way the other must keep hor course. Perla being on the port quarter of the leading | about, and that was the position in which the
She sauk close in to Braemar Skramstad did not do that. What the Tai steamer. It appeared that at this time the Tai | Skramstad sank. Cheong was gradually drawing away from the Point, on the west side of it, abont 20) or 250 Cheong did was the right and proper thing. An other. Shortly aftor she had passed Blackheads yards from the shore. Another thing which he important note to that article was that when a Point and also the western part of Honghom did not think there would be very much dispute collision through thick weather or other cause could not be avoided she should take snch Bay she had a clear course and ran full speed about was the extent of the damage done to the
She was struck an action as would best serre to avert collision. abead. She bad got about opposite the Skramstad by the collision. docks when the light of the Skramstal was extremely heary blow by the Tai Cheong, the first sighted. Her course was about NE. by vessels going together with very considerable E. and this steamer's light was about three force. The bow of the Tai Cheong cut into points on her starboard bow, due east of her. the bow of the Skramstad just a little forward The Tai Cheong was nearly N. by E., steering of the break of the forecastle, right in to It was cnt by the land, going across from Hunghom Bay, the top of the collision bulk-head.
water-line and two when she first sighted the light of the right open below the Skramstad, which was due east of her. That compartments were flooded by the water in made the position of the Norwegian vessel to consequence of the collision. He did not think be somewhero about north of the Penguin it would be denied that the stem of the Tai Shoals, The Tai Cheong made her some- Cheong remained fast in the Skramstad for where a little to the northward of the shoals. about à quarter of an hour; she could not get The Tai Cheong was about opposite the out. However that would be satisfactorily Kowloon Docks, she was still opposito proved. During all that time the water was Hunghom Bay and not quite due south of rushing into the Skramstad, and their evidence the Admiralty Dock which was distan about would be that when the Tai Cheong eventually 600 yards. Taking the Tai Cheong as being succeeded in pulling herself clear of the
Skramstad the bow of the about 3 points, miles distant, that would put
Skraistad the Skramstad just to the northward of the immediately dropped some considerable number
Then the Skramstal said feet six or Penguin Shoals.
more-and the water got that she was steering a course west by right in and that the stern with the propeller south by quarter north healing to the -she was in ballast-came right out of the water. bright white light shown at the Admiralty The propeller worked for some time clear of the Dock. If that course was laid on the chart water or at least with the lowest blade just it would pass through the north-west part of touching the water; and he did not think it If the Penguin Shoals. She said also that would be denied that she s uk head first. the Tai Cheong appeared about half a point on his Lordship found that after she had had this her port bow and at would place the latter very serious hole made in her side she went slightly further inshore than the place down head first, raising her propeller out of the where the Tai heong said she herself water, shortly after the Tai Cheong got clear was. So that there were the two accounts of her, then he thought his Lordship would be
the
take satisfied that
collision did not of the two ships. They thought that the
mile off the shore. She bearings she gave the other ship pht her placo half a slightly to the northward of the shoals; the could not hare got in half a mile to the other ship put them slightly to the north of shore; she could not have been towed; and if where they were. Therefore he thought they the collision took place anything to the outh substantially agreed with each other as to the west of the line of the Skramstad's course as positious they were in when they first saw each she had given it in her preliminary act-that is, other, the one being opposite the docks and the of the line between the north end of the shoals other just about the north end of the shoals. and the Admiralty Dock-the Skrams:ad did The agreement went further than that The not port her helm as she alleged she did. To Tai Cheong said that on sighting the red light get to the southward of that she must have not of the Skramstad in the position in which kept her course. ' And if his Lordship found she stated she was, she immediately directed that the collision took place close in to the her course to starboard and ported her shore, he thought he would have no diffinity that the conclusion to the coming helm. The Skramstad agreed with that state- meut and admitted that the first thing the Tai Skramstad disobeyed the rule of the road and Cheong did after the Skramstad had sighted her did not keep her course, but after having seen was to turn to starboard and port her helm. Up the red light of the Tai Cheong on her own to that point the two stories absolutely agreed. port bow she endeavoured to go across the bows The Tai Cheong stated sue continued under a of the Tai Cheong and get to the Tai Cleong's port helm but that the Skramstad instead of port side. That, in fact, was what the Skram- either keeping her course or porting, as she said stal did. As soon as the captain of the Tai she did turned down towards the Hongkong Cheong saw that the Skramstad was determined shore apparently with the intention of trying to to force a passage, if possible, on the wrong He pass the Tai Cheong on her starboard side. side, he did the only thing he could do, Apparently what the Skramstad did was to put his engines full speed, astern and his turn down and try to pass the Tai Cheongheim hard aport. Ee could not put his helm
hard astarboard because the Perla on her starboard bow. The story told by the Tai Cheong was perfectly plain She saw his port quarter. If he had done so he would another ship, showing her red light, on her have run a very great risk of being run down He thought it would be proved starboard bow and she then did what she by the Parla.
to the satisfaction of the Court that the Skram- ought to have done-ported her helm; and she said that she then continued to do the right stad disobeyed the rule of the road, loft her thing and had no possible reason for doing course and turned down to her own port side anything else, that she, continued under her
towards the Hongkong shore and therefore port helm and never altered ber helm at
was the sole cause of the collision taking place. then, presumably realising that she had room to all except just before the collision. The Mr. Slade proceeded to refer to the rules for squeeze by, she repented of it and turned and Skramstad stated that after the Tai Cheong directions at sea contained in the new regula- just swung clear of her bows. Mr. Slade pro- had continned some short time under her port tions of 1897 and applying to this case. Under ceeded to show by the means of models the rela- helm she suddenly started to turn away up Article 19 when two steam vessels are crossing, tive positions of the vessels before and at the the Harbour towards Kowloon Bay. She had so as to involve risk of a collision, the vessel time of the collision. The Shramstad, he said in other од her own star- conclusion, said that the Tai Cheong suddenly started with the apparent intention of passing which has the
turned and crossed her course. They when they board side should keep out of the way and she had suddenly endeavoured to cross the
other. Now, at the time when 8Iw the Tai Cheong's green light immediately bows of the Skramstad. The whole case would of the very largely turn upon where his Lord hip the two vessels first sighted each other the Tai turned but the Tai Cheong nevertheless came on funnd the collision in fact took place. Tho Cheong hail the Skramstad on her own star-them, coming on the port bow. If the collision story told by the Skramstad was that from the board side. She accordingly did as was admitted north end of the Penguin Shoals she continued by the other side, what was perfectly right and › under a port helm. In her preliminary act she proper, and turned out to get out of the way, said she slightly ported her helm and continued showing her red light clear. If his Lordship under a port helm to give the Tai Cheong a wide' found that the Skramstal did what really she berth. When she touched the Tai Cheong she did and practically simultaneously with the Tai
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in
was on
Mr. Slade-Yes; I do not think your Lord- ship will have very much difficulty that really within the meaning of the rules the whole distance between the Harbour and the Lyeeman It widens will constitute a narrow channel. again between North Peint and the docks.
His Lordship I do not think they would ever hold the Straits of Messina to be a narrow Channel again.
Mr. Slade The Thanes at Gravesend is held to be a narrow channel and the entrance to the Cardiff Docks also.
His Lordshop-In the case of the Straits of Messina they tied to explain that they took in Scylla and Charybdis.
Mr. Slade The Admiralty judges thought that the inolnsion of the Straits of Messina was somewhat stretching the rule.
Mr. Morgan Phillips-I suppose wy learned friend knows that this subject has been dis- cussed in this Court in the year 1890 in the collision case Ancona v. Kung Pai, and there was virtually a decision given that it was a narrow channel. The assessors were of that opinion.
Mr. Slade--That is largely a question for the assessors. I was not aware of that case; I was not here at that time.
Mr. Morgan Phillips-The collision was in precisely the same place.
Mr. Slade went on to say that before calling bis witnesses he should like to explain finally that the other vessel hal crossed their lows and
had occured in the way the Skramstad said it oc- carred the two ships would have come into collision rather more at right angles, inclined towards the stern.
✓
Evidence was then led. Captain H. Hans of the Tai Cheong was the