July 27, 1903.]
placed in the chart a few minutes after the collision by the master My assessor is there- -fore of opinion that the Rubi at the time of the
collision was at least 11 miles south of Putoi | and I certainly concur in that view. The southern boundary of the waters of the Colony appears to be 22 9. deg. I therefore decide that this collision occurred outside the territorial waters of the Colony. The case would, therefore, appear to be within the terms of the Junk (Collision) Ordinance, 1902, the third section of which is as follows:- "Where in any action brought in any Court in the Colony in respect of a collision occurring between sunset and sunrise, outside the terri- torial waters of this Colony, between a junk and a ship, it is proved to such Court that either such junk or such ship bas failed in fact to comply with all or any of the rules concerning lights contained in the International Collision Regulations, the junk or the ship which has so failed to comply with such rules or rule shall be deemed to be in fault unless it is shown to the satisfaction of the Court that the circumstances of the case made non-compliance with noh rules or rule necessary." This section is enacted in pursuance of the policy of the preamble which reads as follows:-" Whereas it is expedient that a junk which does not comply with the International Collision Regulations concerning lights, and thereby occasions a colli- sion outside the waters of this Colony with a vessel bound to comply with such regulations, should not in the event of litigation in the Courts of this Colony in respect of such collision, be in a more advantageons position than such vessel, But even if the Ordinance had not been passed it is clear that a junk must carry such a light as to be visible at a reasonable distance, otherwise on a dark night a collision with a steamer might occur without any negligence on the part of those navigating such steam vessel. In the present case the plaintiffs say they had such a light and that the negligence consists in those on board the steamer zot observing it till it was close by and collision inevitable. After carefully considering the evidence given on both sides, I am quite clear that both the captain and second officer were arefully looking out. They had already s en other craft and passed them safely, and long before they had slightly, temporarily, altered the ship's course to avoid a jurk They were, th refore, specially on the look-out for junks, the lights of some of which they could se a mile or two off. It appears to me, therefore, incredible that the look-out man, the captain, and the second officer should have, none of them, seen the light of the junk until it was only a ship's length off and then all have seen it practically together, if it had been plainly visible all the time as a bright white light ought to have been. The decision I have already given as to the locality of the collision disposes of the contention of the plantiff's counsel that the captain and second officer had their attention attracted at the time by the unexpectedly close proximity of Putoi Island. Judgement must, therefore, be for the defendants with costs.
1
Saturday 18th July..
IN CRIMINAL JURISDICTION.
K
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
ROBRERY IN THE NEW TERRITORY.
Ng Shek was charged with having, on 31st May
volversongfong, received two stolen re-
one cartridge four rolls of cloth, and certain other property belonging to one Tsun
Tso Fak
He pleaded not guilty.
The following jury was empanelled Messrs. E. M. Hazeland (foreman), F. P. da V. Soares, B. K. Mehta, C. Warren, R. M. Ezekiel, F. R. Spence, and E. H. Summers, -
CHINA OVERLAND TRADE REPORT.
etired market-gardener, came back some time ago from Australia and settled in the New Territory. On the date in question as he was entering his house ho was attacked by several masked men, knocked down and rendered unconscions. When he recovered he found that his house had been ransacked and the articles mentioned taken away. Acting on information received, the police on the following day went to the prisoner's house and found various of the stolen articles in his house and on his person..
The Attorney-General (Hon. Sir Henry S. Berkeley) conducted the prosecntion, instructed by Mr. F. B.-L. Bowley Crown Solicitor. The prisoner, he said, appeared to be a man who had been away for some time in Borneo and had lately returned to the Colony. Complainant, a'
After hearing evidence the jury unanimously found the prisoner guilty as libelled.
His Lordship passed sentence of two years imprisonment with hard labour.
The Court adjourned.
Monday, 20th July,
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
CHARGE OF MANSLAUGHTER.
Lo Hau, Lo Kak, and Lo Ngau, 70 years of age (father of the two first named), were charged with killing one Tee Shing, a sub-marine miner attached to the Royal Artillery.
if they stayed and were rude to the Court they would be sent to prison. He would take into account that their feelings were very strong in the matter. They had better get out of the Court as quickly as they could.
The men left the Court with expedition.
HIGHWAY-ROBBERY
Li Tung, a powerful-looking|Chinese, was charged with having on 18th June ammulted a ricksha-coolie named Li Yuk Tin on the Shaukiwan Road, wounded him with a knife, and robbed him of $1.
He pleaded not guilty.
Mr. Sharp in his opening statement said the prisoner committed the robbery and assault in company with another man who unfortunately was not in custody. On the night in question, after midnight, the ricksha-coolie was return- ing with his empty vehicle from Quarry Bay Sugar Refinery, to which he had just conveyed an European passenger who paid him $1. When between the Sugar Works and Metropole Hotel two men jumped out from behind a tres and set upon him. Prisoner was one of them. It was very dark and the ricksha paller did not see his assailants until they were right upon bim. Prisoner seized him by the queue and held him while the other man took the dollar from his purse. The coolie shouted for help whereupon the prisoner strack at him with a knife and inflicted a severe cut on his face and The following jury was empanelled:-Messrs. Indian constable who was on patrol heard the one on his chest. The coolie shouted again and an C. Warren, J. T. Douglas, P. H. Holyoak, H.shouts and ran to the spot. The robbers made Eyre, E. M. Hazeland, G. A. Richards and A. off, with the Indian in pursuit. Then Constable Hyndman.
bicycle, arrived on the scene and joined in the F. L. Clyde, who was patrolling the road on his pursuit of the prisoner who was running along the road. Assisted by the lights placed along the road in connection with the tramway works Constable Clyde overtook the robber and as he passed him on the bicycle seized him by the began to ruu queue. Prisoner twisted himself free and he was captured by the Indian constable.
back along the road when Then the police officers took the man back identified the prisoner as one of his assailants. to where the injured coolie was and he The other had not been found.
They pleaded not guilty.
Mr. E. H. Sharp, K.C., barrister-at-law (instructed by Mr. F. B. L. Bowley, Crown Solicitor), conducted the prosecution on behalf of the Attorney-General. He stated that on 4th June the three prisoners met the deceased in the street; and the first prisoner, who was the keeper of an opium-divan, asked him for some money which he owed. This led to a quarrel and an assault upon the deceased by the first prisoner. The other two prisoners joined in and apparently considerable violence Was used. Deceased was knocked down, kicked, and struck with billets of wood. A crowd assembled, and when the three prisoners saw the man was injured they ran away. The injured man went into an opium. divan and shortly afterwards the police were called in. He was then taken to hospital, where Dr. Bell found him to be suffering from a ruptured spleen. From information received the prisoners were arrested. Two days later the injured man succumbed after having made a dying deposition and identified the three prisoners.
Evidence was called.
When asked if he had any statement to make, Lo Hau pleaded that when he asked the deceased man for the money he owed, he assaulted him and they both fell to the ground. He did not strike the deceased, and the latter might have injured himself in falling. Lo Ngau, the old man, stated that he did not take part in the fight: he was too old.
The jury found the first and third prisoners -Lo Hau and Lo Ngau-guilty as libelled, and the second, Lo Kak, nt guilty.
The second prisoner was discharged. His Lordship, in sentencing the first pri- soner to 18 months' imprisonment with hard labour, said he took into consideration the fact that the deceased man had su enlarged spleen and that it did not take so much violence to kill
him as it would to kill an ordinarily healthy man. The old man his Lordship sentenced to twelve months' imprisonment with hard labour, remarking that no doubt when he saw his son fighting with another man he felt he ought to go to his assistance.
As the prisoners were being led from the dock, two Chinese who had been sitting in the body of the Court, came forward to the railing and shouted out in Chinese, "That is very unfair; passing a light sentence when a man's life has been taken away."
His Lordship had the men brought before him and asked them who they were.
The men replied that they were submarine miners.
Mr. Sharp said he was informed that they were brothers of the deceased.
could do would be to walk out of the Court, for His Lordship told them the best thing they
Evidence was taken.
The jury found the prisoner guilty as libelled. imprisonment with hard labour.
His Lordship passed sentence of three years'
UTTERING A FORGÉD RÉCEIPT. John Robinson, lately an employee of Messrs. Punchard & Lowther, was charged with having on 2nd July uttered a forged receipt for $98.10 purporting to be sign d by Ching Yuk on behalf of the Cosmopolitan Hotel, with intent to defraud, he knowing the same to be a forgery.
He pleaded not guilty.
The following jury was empanelled :-F. P. de V. Soares, T. Johnstona, A. Horsell, B. H. Mehta, H. M. Bain, E. T. Bunje, and D. Benjamin.
Mr. Sharp in opening the case said the charge against the prisoner was that on the hearing of an action in the Summary Court on the 2nd July brought by the proprietor of the Cosmo- politan Hotel against the prisoner in respect of board and lodging in the hotel the prisoner produced a forged receipt for the greater part of the amount claimed. It would be proved that the prisoner was in financial difficulties and that the money did not really reach the hotel people. Prisoner was formerly employed at the Naval Yard and stayed at this hotel where he paid $40 a month for lodging and part of his board. On 5th April prisoner Was dismissed from Punchard & Lowther's and had lived at the hotel up till his arrest. On the 1st of May he was presented with a bill for $98.10, being for the previous month and arrears. This he was frequently asked to pay but did not. On the let of the following month a bill of the increased figure of $138.10 was rendered. Prisoner was frequently asked to pay this but asked for time. Then the proprietor issued a writ for the whole amount. When the case came on prisoner said he had paid the bill for $98.10 and produced the receipt in question. That was the first time anybody had heard anything about kim having paid the bill.
After hearing evidence, the jury by a majority of six to one found the prisoner guilty,
His Lordship passed sentence of two years: imprisonment with hard labour.
The Court adjourned.