43
short blast was also blown on her whistle.
The port bow of the Rubi and the port side of the stern of the junk were the parts of the vessels that came into collision. No proper lookout was kept on board the junk; he junk carried no proper lights, and she was navigated in a; reckless and unseamanlike 'msuner.
Mr. Sade baving put in charts showing the place of collision,
His Lordship asked whether or no anything turned upon this having happened in territorial waters ?
Mr. Sharp-We say they were outside. Mr. Blade-We say they were inside. · The issue, he went on to say would resolve itself into a very simple question. Plaintiffs placed the collision about three quarters of a mile nearer Putoy then the defendants did. He 'presumed it would be proved by the defen dants that the boundary of the territorial waters of the Colony ran along Lat. 22.9; he did not admit that it did so, but other. wise the Ordinance would hot apply. As suming that it was proved that the boundary ran along that line, then the question was the exact place where the collision occurred: was it just inside or just outside the boundary line? This boundary was of course an imaginary line drawn through the water and it would be for the Court to decide on which side of it the collision took place. Both parties said it took place near the line. The junk had left Macao ou the morning of the 8th and with an easterly wind had tacked up to this point by ha f- past thres on the morning of the 9th. She was making for the fishing grounds somewhere between the Lema Islands and Putoy Island in the Lema Channel. Junks in Hongkong waters had to carry their light in a certain place and in a particular way - namely a white light ou s pole at the steru-and that was what plaintiff said was done on board the junk. At the time of the collision (hree men were on deck-the steorsman, a man attending to the main-sheet, and a look ut man. The junk was a two- masted junk and had a crew of 15. Of the three people who were ou deck two were left, because the helmsman lost his life as a result of the collision. Out of the 15 of a crew, only seven were saved, the remaining eight being drowned
His Lordship-What became of the junk? Mr. Slade said the steamer went right through, and the junk became water-logged but floated and those who could clung on to the wreck and were rescued by another junk. The steamer slowed down and came back but was unable to discover the wreck. Thore drowned were one of the part-owners, his three sons and one daughter, the steersman and a' sailor, The Rubi was a China and Manila 8,8. Co. vessel, ruuning between Hongkong and Manila. Hit was held by the Court that the collision took place outside the waters of the Colony then the question would ari e as to the effect of the junks Ordinance in this case. would suggest that it would be perhaps.com. venient not to discuss that legal question now but to wait until the facts of the case
He
had been decided upon, because if it
was decided that the collison happened in the waters of the Colony the time would have been wasted.
His Lordship said he would hear parties on the point of law supposing the collision turned out to have been outside. On the point as to where this occurred, he remårked, the defendants put it very exactly in their preliminary act was that because it was logged
1
THE HONGKONG WEEKLY PRESS AND
|
·
His Lordship said that the legal question of the validity of the Ju ks Ordinance would be left over till the Court had decided whether the collision took place outside or inside territorial waters.
Judgment was r served.
HONGKONG ELECTRIC COMPANY,
ANNUAL MEETING.
1
(July 18, 1903.
would apply if the Court held that the collision | balf-a-mile off. In the rough log written at occurred within territorial waters. Plaintiff's the time the juuk's light was described es a witnesses admitted that there was a light white light; but in the official log afterwards exhibited at the stern not lex than 1! fet a ora entered up the light was called a dim light. the hall, but such light could not be visible. On the tack on which the junk was when first all round unless it was abore the level, of the seen the port tack, heading 8.E.—the light sbe top of the sails. They believed that the junk carried at the stern would not lare beeu people were asleep or below, and had no proper obscured by any part of the sails or rigging light burning. If the Court found that the and must necessarily have been clearly visible junk had no Ïght of any service it would not be į to anyone ou board the Rubi. necessary to consider whether the collision occurred inside or outside teritorial waters If the junk was ontside territorial waters she was statutorily to blame under the Junks' Ordinance of last year for not having red and green sidelights. The Rubi was on 8 voyage from Hongkong to Manila. At midnight the second officer went on duty and during the next two or three hon's of that wate's the captain was partly on the bridge and partly not," At 145 a.m. the captain was culed, according The fourteenth ordinary annual meeting of to instructions, when Waglan Light Was shareholders in the above Company was held at sighted. He went on the bridge and changed the Company's fees, No. 4. Queen's Buildings, her course for the light. At 2.55, when on Saturday, the 11th inst. Mr A. G. Wood the north-east head of Taukan Island was presided and the others present were:-on. abeam on the port side, he was again c·lled, Sir C. P. Chater, C M.G., Hon. C. W. Dickson There was at that time a few junks about aud and Mr. G. H. Medhurst (directors), Dr. J. W, from then the captain remained on the bridge, | Noble, Messis, R. C. Wilcox, G. Murray Baio, . ax his enstom WAR, nutil he got into T. H. Re'd, J. T. M. Wheeley, J. R. Hongkong. At 39 the captain changed | Michael, 0. Baptista, R. R. Robarts, and her course from a coure direct to Waglan J. W. C. Bonuar (secretary). to a course W. by N.. oa which the collision The notice calling the meeting having b-en occurred.. At 3.30 a dim light suddenly read, appeared a length away ahead of the Rubi, slightly ou the starboard bow. Ous or two of the Rubi people seemed to have observed the junk simultaneously at this distance, and it appeared that the light was not visible materially bef ve the junk herself. When the junk was seen, the captain immediately put his helm hard aport, gave one short blast on his whistle, and reversed his engives full speed. There appeared to have been a periol of about 15 seconds between the first sighting of the juuk and the c flision. The junk was seen to be going from starboard to port across the Rubi's bows. The measures used by the captain of the Rubi were the correct measures to be u-ed. If the junk had done the correct thing and given way a few feet the collision would have been avoided.
Evidence for the defendants was then called, Captain Almond being the first witne s
·xamined.
The Court adjourned.
Thursday, 16th July.
IN ADMIRALTY JURISDICTION.
BEFORE HIS HONOUR SIr William M. GOODMAN (CHIEF JUSTICE) AND CAPTAIN E. BEETHAM, 8.8. “ TABTAR" `(Assessor).
KWOK PO v. 8.8. **RUBI." The taking of evidence having been cluded,
COE-
Mr. Sharp addressed the Court. The whole
question, he aid, turned entirely on the junk's lights. The account of the occurrence given by the witnesses for the Rubi was in exact accordance with the account which was writ'en at the time an appeared in the log. The defaults charged against the Rubi were all vague, and no specific fault of manoeuvres ap. peared to be suggested, except that a collision occurred which it was the steamer's duty to aroid. But the evidence, he contended, showed that in the navigation of the His Lordship-Was it logged at the time? Rubi all proper cara was used, that a Mr. Sharp-It was logged at the time before
good lookout was kept, and that all conceivable any question arose as to this Ordinance applying, measures were taken by ber to avoid I may say the captain did not know the bound-collision. On the contrary, he said, the junk was ary of the territorial waters when he logged it. In fact very few people do know the boundary. His Lordship-It appeared in the Gazette. Mr. Sharp-Yes; we have now ascertained it from the official map.
Witnesses were then examined for the plaintiff
Mr. Sharp-Yes.
side.
Mr. Sharp in opening the case for the defen- dants - said he would lead evidence to show that there were no proper lights, regulation or otherwise, exhibited on the junk. The Marine Shipping Ordinance of 1891, section 27, sub- section 1, which required a bright white light, visible all round, to be exhibited at a height not less than 10 feet above the hull of the junk,
shown to have carried no proper lights and to have kept no proper lookout, and she was solely responsible for the collision. According to the bearings taken on the Rubi, it was
clear that the collision occurred a considerable dis- tauce outside the boundary of Hongkong waters.
Mr. Slade in his address to the Court said the evidence given by the Rubi wit- nesses showed inaccuratios as to the bear- | ings and courses. When the light of the junk was seen the attention of the captain and the second officer was distracted by the discovery that Putoy Island was in such close proximity; instead of being distant two miles as had been calculated, it was only some
ΟΙ
The CHAIRMAN said –The report and a 'conuts hav been in your pssassion for some time, so, with your permission, I will take them as read. I am sure that I may congratulate you on the continued good results shown in the accounts now before you. One nett earnings amount to the sum of $79,167:11 available for distribution. which enables us to pay a dividend of 9 per cent. per cent. beffer than we have hitherto achieved, and to write off $34,741.11, a larger amount than before, for depreciation of plant and furniture, and to carry forward $3,453.00, In making this provision for depreciation, we are continuing that policy which has bee steadily followed to koop n in a position to meet the rapil but continned changes and improvements in electrical machinery and appliances. Our manager. Mr Wickham, is now ou leave, aud during his stay in England, and while on his return journey through the United States, he will avail himself of any opportunities to gain infor na- tiou about any improvements which Are likely to be of advantage to us in the alterations and extensious we may find it desir- able to introduce. The use of the current for light and power continues to show a steady growth, being for this year the equivalent of upwards of 22,000 lamps of 8 candle power against 16,3) last year; are lighting remains the same, and the lifts operated by our service have increased from 9 to 11. The expenditure ou working accounts has been in about normai proportion with the increase of the Company's business, though we have lesu put to some additional outlay for coals of a better, that is, less smoke-making, quality to enable us to comply with the requirements of the Public Health Ordinances. Before moving the adop- tion of the report and accounts I shall pleased to answer any questions.
There were no questions, and où the motion of the CHAIRMAN, seconded by Mr. Wilcox, the report and accounts as presented were adopted and passed.
Mr. REID then moved, and Mr. WHEELET seconded, that Messrs. G. H. Medhurst and A. G. Wood be re-elected directors. The motion was carried unanimously.
The only remaining item of business was the election of auditors, and on the motion of Mr. MICHAEL seconded by Mr. MURRAY BAIN, the Hon. G. Stewart and Mr. C. W. May were re-elected.
Early on Thursday while Mr. Morgan Phillips was riding his mare Legacy on the racecourse, he sustained a nasty fall owing to some part of the saddle giving way. Mr. Phillips pluckily held on for some time, but eventually fell near the Grand Stand, and was picked up in an uncon- scions condition by Mr. Skulls and others. Mr. Phillips remained unconscious, we are informed, about ten minutes; but we are glad to learn that his injuries were not of a serious nature.
Page 10Page 11