178
COURT.
February
URISDICTION.
BEFOER HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE) and
COMMASDER BASIL R. H. 25 TAYLOR (ASSESSOE),
A STEAMER v. JUNK,
way
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THE HONGKONG WEEKLY PRESS AND
Monday 2nd March.
IN ADMIRAlty JurisdiCTION.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (Chief Justice) and Lieut. HENRY PYBUS, R.N.K., COME.
*
EMPRESS OF JAPAN."
séquence
stem little abaf Yee Fung do wards-Bank, and
board the Hanic
and contents, Plaintif no proper look-out kept that the Hansa improperly neglecte out of the way of the Yee Fung, improperly starboarded her helm when quite close to the Yes Fung, and thereby caused the collision, for which damages were claimed.
The case having been opened by Mr. Pollook, evidence was taken.
The Court afterwards rose.
the junk one of them, - man in authority, maid **Pull down the lighted lamp from the masthest and we will say that they had no light." Two witnesses said they heard this said. - He was bound to say that he did not believe the story, for it would be such an awful criminal act that he could not convict a' man at all on such evidence. It seemed to him grossly improbable. It was just possible that a wicked man might pull down the lamp under such circumstances but he would be an arrant fool as well as a scoundrel were he to proclaim it before the crew and the numerous passengers on both Evidence was continued in the case in which vessels. His assessor and himself agreed, each Defendants stated in their answer to- the the steamer Eclair sued licensed cargo-junk acting as a separate and independent juryman, petition that the Hansa left her anchorage in No 711 for damages arising out of a collision that there was no light on the junk. He Hongkong Harbour on the evening of the 14th on 5th November, 1902, in Capsuimun Pass. was going to mark his sense of the wrongful January on her voyage to Canton. After Mr. E. H Sharp, K.C. (instructed by Mr. action of the steamer's people in going leaving the Harbour she was steered by the landı Paget Hettrof Messrs. Mounsey & Brutton, on board the junk and doing what they towards Capsuimun Pass on a course about solicitors) appeared for the plaintiff, and Mr. H. did by disallowing them their costs. They N.W. by W. half W. at a speed of about eight E. Pollock, KC (instructed by Mr. F. X. went on board the junk and forcibly took away miles an hour. Her regulation lights were d'Almada e Castro, solicitor), for the defendant. with them a lamp, the identification of which duly exhibited and a good look-out was being His Lordship in delivering judgment said the had caused an immense amount of trouble. kept on board. When to the south of Chung facts were undisputed that a collision occurred The result of his decision was that he found for Hus Island the light of the junk was first between the junk and the steamer near the the plaintiffs, that the collision was occasioned seen by the Hansa about two and a half entrance to Capsuimun Pass. It was equally by the fault of the junk and not by the fault of miles off and a balf point on the starboard bow clear that in the ordinary course of things it the Eclair, the fault being that the junk had not of the Hansa. The Hansa was kept on her was the duty of a steamer to keep out of the any proper light up, and he did not think the course, always keeping the light on her star- way of a sailing-ship. In order to facilitate steamer could be held liable as being able to board bow, and soon it was seen that the light was the performance of that duty on the part of a avoid collision after she saw the junk; but he the masthead light of a junk sailing free on the steamer, the Merchant Shipping Act provided did not give the plaintiff any costs because he port tack. When the junk was about half a mile that every junk when it is under way shall have considered that the conduct of those on board off the Hansa starboarded to pass clear of the displayed a white light clearly visible all the Eclair in taking that lamp away and junk, starboard to starboard, but when the Hansa round at a height of not less than ten feet generally their conduct in going on board the was three lengths or thereabouts distant, from the water. It need hardly be said juuk and doing what they did do was grossly the junk suddenly bore away on a course crossing that on a dark night if a junk went sail-improper and had very much complicated the that of the steamer. Her helm was put hard ing along without any light it was almost case; in order to show his disapproval of it heaport and her engines were put full-speed astern, impossible for steamers to perform the duty disallowed them their coats. There would be the but the ships came into collision. The Hansa thrown upon them in the first place of keep- usual enquiry as to damages.
alleged against the junk that she was not kept- ing out of the way of sailing-ships. They The Court rose.
on her course, that she improperly attempted to could not always keep out of the
cross the bow of the Hansa when so near that of a thing which was not seen within a reason-
there was a risk of collision and that a sufficient able distance or until almost the moment of
look-out was not kept on board the junk; the collision. Calculating from the joint speeds at
collision was not caused or contributed to by the which the steamer and the junk were travelling,
defendants or by any of those on board the the evidence of the Eclair people was that they
Hansa. did not see the junk until something like 25 or 30 seconds before the collision. On the other hand the junk people said they saw the steamer's white and red lights about 1,600 yards off but did not see the hull of the steamer until 400 yards off If the junk people saw the lights of the steamer they knew the precise spot to look for her hull. The question resolved itself into this: was there or was there not a light on the junk? Of six witnesses from the steamer, four stated definitely that there was no light on the junk, and their evidence was partially corroborated by the other two, who, however, were not looking, out before the collision. Three people from the junk stated that there was a light on the junk. One of these was the seaman who looked after the lights; he said that he hoisted it himself and that two people told him to hoist it that night. His Lordship was inclined to think that this last statement was an afterthought and an exaggeration, and that this was not speaking truly. As a jury, his Lordship said, he would be inclined on the whole to find in favour of the steamer, for he could not help thinking that, if there had been a proper light on the junk, the people on the steamer would have seen it earlier than they did. His assessor and himself found that there was no light on the junk Now, this case was differentiated from other cases by an extraordinary state of things. When the steamer went after the junk and picked her up, the people on board the steamer did what they had not the slightest right to do and what laid them open to a very heary penalty under the Shipping Act. Their whole conduct was extremely bully-ragging and improper. They had a perfect right to lay by the junk, to shadow her, and then to take any action they might think proper when they got back to Hongkong But instead of that the steamer went on board the junk and tied her up steamer and towed her to Hongkong. not so bad, as, although the fed to it at first, there was sent on the part of the amer people had no whatever. Then there passage in the as unique in his people“ posi
That when the steamer people
nian
"
WONG KAM V. 8.8. HANSA.
This was an action for damages arising out of a collision at the end of Capsuimun Pass ou 14th January between the junk Yee Fung and the German 8.8. Hansa, on which cccasion the junk sank.
Mr. H. E. Pollock, K.C. (instructed by Mr. C. E.H. Beairs of Messrs. Wilkinson and Grist, solicitors), appeared for the plaintiff, and Mr. M. W. Slade, barrister-at-law (instructed by Mr. H. J. Gedge of Messrs. Johnson, Stokes and Master, solicitors), appeared for the defendant,
Tuesday, 3rd Marcb.
Evidence was conoluded in the case in which · Wong Kam, owner of the junk Yee Fung, claimed damages against the German steamer Hansa in respect of a collision which occurred Pass on 14th January. near the Hongkong entrance to the Capsuimun
defence.
His Lordship gave judgment for the plain- ff, ordering the usual enquiry to be made.
The Court rose.
Thursday, 5th March.
Mr. H. E. Pollock, K.C. (instructed by Mr. C. H. Beavis of Messrs. Wilkinson and Grist, solicitors), appeared for the plaintiffs and Mr. M. W. Slade, barrister-at-law (instruct- The plaintiff stated in his petition thated by Mr. H. J. Gedge of Messrs. Johnsor, shortly before 8 p.m. on the 14th January the Stokes and Master, solicitors), was for the junk Yee Fung, of which he was the owner, whilst on a voyage from Canton to Hongkong, emerged from the Hongkong end of Capsuimun Pass. The wind was north-westerly and light. It was a moonlight night with clouds over the moon, and it was clear on the water. The tide was about three quarters flood and was running up at the rate of about three-miles an hour. The Yee Fung was sailing under two of her three sails which were spread out on opposite sides of her, and she was heading S.E. and at such a pace as only enabled her to make very
YEUNG NOI ON'S ESTATE. S little headway against the tide. A proper
Two applications were made in re the estate white light was carried at her formasthead, and a good look-out was being kept. At that of Yeung Noi On, late of Thomas's Grill Rooms time the look-out on-board the Fee Fungote. One application was for adjudication and
on miles off, observed about thres
was granted in terms. The second was for the appointment of four Chinese... trustees ;- G. K. H. Bratton, solicitor, appeared in support of this.
the
The
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IN BANKRUPTÓT.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIIF JUSTICE).
His Lordship refused the application for the:
thont appointment of the Chinese Trustees, costs, and appointed as trustee on the estate the Official Receiver.
The Court adjourned.
port bow, the three lights of a vessel which afterwards proved to be the Hansa. The Yee Fung continued on her course, going
ahead against the tide. very slowly Hansa which was steering for the Capsuimun Pass shut in her green light as she drew near the Yee Fung, leaving her masthead light and her red side-light visible to those on board the Yee Fung. When the Hansa was quite close to the Yee Fung approaching her in such a position and on such a course that the Hansa **** and the Yee Fung would have passed safely port side to port side, those in charg+, of the Hansa suddenly called out to the Yee Fun
Hoitan," meaning "Alter your head," and tarboarded the helm of the Hansa and in
BEFORE HIS HOROUS.
(PujŠKE JUDGE
Leung Shi,
CHOW