November 18, 1934.)
Thursday, 22nd November.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH
(PUISNE JUDGE.)
PANG TAK SUN D. KWONG RING LOONG.
This was an action in which the plaintiff sought to recover $40, alleged to be owing to him by the defendant firm. The plaintiff recently got judgment against the defendant, and also got a writ of garnishes against Ying Wo, but Ying Wo denied that he owed defendant the money.
Mr. H. Hursthouse (of Messrs. Dennys and Bowley) appeared for the plaintiff, and Mr. Otto Kong Sing for the defence.
Mr. Hursthouse submitted that if it were proved that the Ying Wo owed the money to the defendant at the time of the garnishes order being served, whether he paid it to the not afterwards, he would have Не to pay the sum a.ain in their favour. understood, however, that the debt itself was disputed.
defendant or
Mr. F. Howell, the first bailiff, gave evidence that he had served the garnishes order.
A Chinese witness, formerly employed by the defendant, gave evidence for the plaintiff.
The defendant's premises were
at No. 14 Tai Wo Street, Wanchai, The debt was on account of rattan supplied. The last trans- action was in June or July, but the Kwong Hing Loong firm had not paid the Pang Tak
Sun firm.
His Lordship-That has been proved before; it is not the question.
Mr. Hursthouse-I just wanted to lead up to the point,, My Lord.
CHINA OVERLAND TRADE REPORT.
Wednesday, 23rd November.
IN ADMIRALTY JURISDICTION.
391
and the light went out shortly afterwards. He noticed two bright lights above the awning of the Wongkoi. It was impossible that that red light was on another steamer. He had seen a
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE) river steamer some minutes previously. When
AND CAPT. HON. BARNES-LAWRENCE
R.N. (NAUTICAL ASSESSOR).
19
"WONGKOI V. B.I. 8.8. "UJINA." N.D.L. 85.
This was a consolidated action between the Norddeutscher Lloyd S. N. Co., as owners of the British India 8.8. Wongkoi, and the British India S.N. Co., as owners of the s.s. Ujina
The Hon. E. H. Sharp, K.C., instructed by Mr. Gedge (of Messrs. Johnson, Stokes and Master), appeared for the N.D.L, and Mr. M. W. Slade, instructed by Mr. John Hastings: for the B.I S.N.CO.
Sydney Smith Bull, master of the Ujina, was called. He had held a master's certificate since On the 1870 and had been master since 1891. 3rd August last he had commanded the B.I. He had pre- 8.8. Ujina for about nine months. viously brought ships to Hongkong about a dozen times, always in daytime, though he went out on one occasion at night. He took a Chinese pilot outside the harbour, but gave the executive orders himself and was himself responsible. The Wongkoi was between ha f a mile and a mile ahead of his ship when he entered Sulphur
Channel. The third officer, helmsman, and Chinese pilot were then on the bridge in addition to himself. The helmsman was a orde's to him in Chitagonisn-he gave Hindustani. The lookout man' and leadsman were also Indians. The latter was using the lead. Qu'side witness asked the pilot if there was plenty of water in the Sulphur Channel. There
and therefore it was unnecessary to use the deeper Northern abeam at 7.25 Channel. Green Island was
was,
Witness, continuing, said he also knew the Ying Wo Shop. That firm did business with the Kwong Hing Loong. To Loong wasp.m.-he knew that by the third officer's master of the Kwong Hing Loong shop. His elder brother, whose name was To Chat, had a fourth share in and managed the business.
His Lordship-1 do not know what you are driving at.
Mr. Hursthouse-I understand that they are going to dispute ownership.
Witness said that in about Jene or July To
Chat handed over the business to his son, because he was going into the country to enter into a religious life.
Mr. Hursthouse-Was he not banished from the Colony?
Witness-Yes, that is so. Witness gave further evidence regarding the relationship of the various parties.
Pang Tak Sun, the plaintiff, gave evidence, He had been in the Ying Wo Shop, and saw them weighing out rattans received from the defendant shop. He estimated the value of these at $4224. The master of the shop said they had not yet paid the money, and witness, accompani- ed by the bailiff, served the writ of garnishee. He had seen the Ying Wo books.
Mr. Otto Kong Sing mentioned that his case was that the Kwong Hing Loong never had any dealings at al with the plaintiff firm. The Kwong Hing Loong, as a matter of fact, Was sued while the mistress was away from Hongkong. She would have disputed the claim; she was the wife of Kwong Hing Cheong, from whom she had been separated some considerable time, and it was he who evidently owed the money. The plaintiffs could not come down on him, so they came down on his wife.
The plaintiff contradicted him several times when giving evidence about the Ying Wo shop's books.
After further evidence for the plaintiff Mr. Otto Kong Sing said he was prepared to prove that the Ying Wo had paid for the goods they had received from the defendant in this action, and previous to the plaintiff's visit. He called evidence.
he struck the other ship the Ujina was only just moving through the water; the speed had been taken off of her, and she got on sternway a few seconds afterwards. The anchor let go, with fifteen fathoms of chain, had little effect in checking the ship at that moment; it was the engines, he thought. Some little time after the collision, after he had backed out and anchor- ed, a steam launch came alongside with two gentlemen in it. One introduced himself as the superintendent of the N.D.L. He asked if wit- ness had heard the three blasts. Witness replied that there would be a court of enquiry; the Wong- kors red light had caused the collision. The stem of his ship was twisted to starboard.
Witness told His Lordship that the chief engineer had said he was foolish to tell the N.D.L. superintendent about the red light- now the Wongkoi had got six Chinese, witnesses
to Live evidence to the contrary.
His Lordship-You did the correct and upright thing.
Witness-But I am not a lawyer, My Lord, and it struck me afterwards that I had no right to give them my strong point. (Laughter).
**
Cross-examined, witness said that he told the pilot, who had said me see red light," he wanted his evidence, but the man was all jabber, jabber." He told him he did not want his talk, the pilot, went away, and he had not seen him since. (Laughter).
This was the last witness. Counsel, addressed His Lordship.
The case was adjourned.
IN SUMMARY JurisdictION.
(PUISNE JUDGE.)
notes. Outside he was driving his ship at BEFORE HIS HONOUR T. SERCOMBE SMITH about nine knots-trying to save daylight. Before reaching Sulphur Channel there was a eduction of speed to about seven and a half knots.
His Lordship-The question is not one of excessive speed. It is not that which made the Ujina run into the Wonghi. The question is, was there a red light or not on the Wongkot? Such would render her contributory to the accident.
Witness, continuing, said he did not know how his ship was heading after having entered the harbour. He covered up the compass SO that the light should not blind his eyes. After entering Sulphur Channel he starboarded his helm to get into deep water near Stonecutter's. He did not know that the name vessel he struck was the Wongko till after he collided with her. He saw the blaze of lights first about two to three points on
of the
the port bow. After starboarding he had to get out of the way of a junk-he ported a trifle and afterwards then resumed his course. He next ported because the man at the lead gave him small water-five and a half.
He concluded
subsequently that the sounding was wrong, because the leadsman afterwards gave him a wrong sounding when he was at anchor. He went a little distance, ported, and brought the She was Wongkoi two points on his port bow. then showing a number of white lights, no navigating lights being distinguishable. He took the blaze of lights to be at the stern or He next star- quarter of a steamer under way. boarded so as to pass to the westward of the
lights, and get to an anchorage off Stonecutter's Island. He suddenly saw a red light amongst the white lights of the other steamer-the vessel being about two points on his port bow, and that light on her. He had taken the white blaze of light to be on the ship's starboard quarter, but when he saw the red light he He thought took her to be crossing his course. she was going to the westward, swinging round to come down into the Sulphur Channel. He had starboarded his helm and his ship was turning to port, but when he saw the red light he promptly ported. The engines were going half On Nov. 18 His Excellency the Governor speed ahead. Porting would at first stop his entertained the Hongkong, Shanghai and
vessel from swinging to port. If the other Singapore orioketers at dinner at Government ship had been steering to the westward that House. There were 45 present, including the manoeuvre would have cleared her without any Hon. F. H. May, C.M.G., Colonial secretary.other. He next heard three blasts from the The band of the 110th Mahrattas played seleo. tions during evening.
His Lordship finally gave jud ̧m nt in favour of the garnishee with costs.
•
Wongkut's whistle, and went full sured ostern He gave order, Stand by your anchor,"
LIEUT. LUMSDEN, B.G.A., V. H.K. AND KOW- LOON WHARF AND GODOWN CO.
His Lordship gave judgment in this case. The plaintiff sued the defendant company on account of personal injure and damage to clothes caused by alleged negli rence on the part of employees of the defendant company. A collision had occurred near the Kowloon Ferry landing, on the 6th ult., between a ricksha in which the plaintiff was riding and one of the company's cargo trucks.
Mr. E. J. Grist (of Messrs Wilkinson and Grist), appeared for plaintiff; Mr. H. W. Looker (of Messrs. Deacon, Looker and Deacon), for the defendants. His Lordship said:
In this action the plaintiff seeks to recover the sum of $200 for damages sustained by him in a collision alleged to have been caused by the negli- gence of the servants of the defendant company. About 3 p.m. on the 6th Out. last the plaintiff was riding in a ricksha along the public road ̃ running in front of the defendants' godowns at Kowloon between the west corner of Elgin Road and the terminal wharf of the Star Ferry Co., Lt. A short distance in front of the ricksha was Lient. Macdonald, R.G.A.. on a bicycle. When the ricksha was opposite wharf No. 2, belonging to the defendant Company, a collision occurred between the ricksha and a truck worked by some servants of the defendant Company. As a result of the collision the plaintiff was thrown out of he ricksha, and suffered damage to his clothing and
person. Though the evidence was conflicting, the following facts are established:
(a). That the plaintiff looked to see if any truck was about to cross his path:
(b). That the view of the road end of the wharf was obstructed by things on and about that end of the wharf:
(c) That the ricksha was moving at about a walking pace a few seconds before the moment of collision:
(d) That the truck had been moved from the the road by coolies at a wharf-end across jog-trot:
(e) That the truck was not under effective control:
(f) That the puller of the ricksha at the last moment quickened his pace in an attempt to cross in front of the truck:
(g) That the ricksha puller was on his own proper side of the road.