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so on to the top of the hulk: they were going half speed at the time. He had reen the red light on previous occasions when the launch went for coal: it was one foot above water.
Chan Woon, the managing partner of the plaintiff firm says that having got across in the Hoi Po" in search of the “Hoi Hau," having left Hongkong at 10 p.m. be started back. He Know the neighbourhood and was afraid the halk was there, and the captain of the launch | said he'd look out carefully. "We started: then stopped: and, after the third or fourth stop, we struck the hulk." He was at the bows and asserts positively that there was no light. He described his search for the "Hoi Hau" reported to be on the hulk; he was on the bridge, and knew whereabouts the hulk lay. He says he couldn't see her, which I take to mean he saw no light.
Kwok A Man, the Captain of the "Hoi Po," had passed the wreck before at night, and had seen her lighted; but she was not lighted when he ran on to her. Starting on the way. he says, we went slowly and looked about, we were afraid of that wreck. The sailors said there was nothing seen about, we put on a little more speed, then came upon her, there was no light on her. We went straight out, head ing towards the wreck, there was no other way i.e. through the junks.
So Tsap, a sailor on "Hoi Po," said on our way back to Hongkong, we started, stopped, went on and in a short time collided with the wreck. I was on look out at bows, and there was no light on the wreck.
Chow Wan, coxswain of the "Kam Hang' launch, who assisted in getting the launch off, said there was no light on the wreck.
For the Defendant:
Mr. Major, a licensed Hongkong pilot, said that the "Stanfield" was the only wreck lighted: that a big junk sunk in the fairway was not lighted.
Captain Parsons, in charge of the "Altacoa' another halk of Defendent Company, moored about half mile S.S.W ôf the "Stanfield," mys on coming on deck, at 7.45 and 8.30 he saw the light on the wreck. After 10, being roused by blasts of whistles he came on deck, looked for the red light on the wreck and didn't see it. His lamp had been blow out by the wind, so that
:
he did not look at the clock to see the time accurately. Prior to this evening he had seen the light regularly he gave the occasions, and said it was his business to see that it was there; he had instructions to keep an on it, and he would have reported it, if he had not seen it.
eye
Mr. Wright, an employee' of the defen- dant Co., says that being on board a launch which left Yaumati Ferry Wharf for Hongkong at 8 20, with his friend Sergeant Gordon, he pointed out to him the red light where the hulk lay he was well acquainted with her position, and was quite sure it was the "Stan-
fie'd."
:
He identified the lamp which he himself had purchased; and bad arranged through bis o. 1' for its being lighted by a sampan mac. It was 7 or 8 feet above the water on a pole and was a first quality lamp.
Sergeant
Gordon corroborated the last witness as to his having been shown the red light which the witness had told him was the "Stanfield.”
"
Yang Yau, the watchman on the "Altacos said he saw the light, going his rounds at 7, 8, 9 and 10, which was before the collision, but didn't see it after the collision. He had not heard whistling previously.
Finally, Chang Bung, foreman of Messrs Wilks & Jack who were engaged in salving operations, went that night at 10 to see things all safe: he went in a small sampan and saw the light on the wreck. Before he got up to it he saw a red light going quickly like a launch, and when he got up he saw a vessel in collision: and then there was no light on the “Stanfield."
THE HONGKONG WEEKLY PRESS AND
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[August 5, 1907.
INSURANCE CABE,
Judgment for defendant was entered in the action Hip On Marine Insurance Company v. Hang On Marine, Insurance Company, Ltd. Full text of judgment will appear later.
SPECIAL CASE.
His Lordship found for Lau Chung Wood and Lam Choy against the Standard Oil Company.
IN ORIGINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (ŠIB FRANCIS
PIGGOTT).
weighing all the evidence in as careful a way as possible I have come to the conclusion that the lamp was not alight at the time the "Hoi Po" ran on to the wreck. This leaves the question of contributory negligence to be decided. I have to assume for this purpose that there was a duty on the defendant to light: without giving a decided opinion on the question I am inclined to think there was in the circumstances. Any how I must assume it, and that there was negligence in not keeping it alight. Now the law as to contributory negligence is this: the plaintiff cannot recover, if with ordinary care, he could have avoided the consequences of the defendant's negligence because his negligence has contributed to the collision: but secondly,
A MINOR'S RIGHTS. if the defendant in his turn could, with ordinary Judgment was delivered in the case in which care, bave avoided the consequences of the an application was submitted on behalf of Li plaintiff's_negligence, then the plaintiff can Cheung Shi (mother of Li Leung, & minor) to recover. There are duties cast on both sides have an indenture of mortgage made between the plaintiff, to avoid the consequences of the Li Leung and Tam Min Hing declared null defendant's negligence; the defendant, to save and void, "that the indenture be cancelled, and the plaintiff from himself, if he is able. It is that the registration of the mortgage be eI• obvious that these two duties do not arise punged from the register. Mr. M. W. 3lade simultaneously but consecutively. You cannot (instructed by Mr. Harding) represented plaintiff ay that the plaintiff was guilty of contributory and Sir Henry Berkeley (instructed by Mr. Otto negligence in running on to the unlighted hulk Kong Song) represented the defendant. in the way he did, but the defendant could have
His Lordship said: avoided the consequence of the plaintiff's
By the policy of our law an infant is allowed negligence by lighting the halk. This seems to eat his cake and have it; and that is what to involve a slight confusion between post and this quondam infant has done and wants to do. prompter. Well now what is the evidence? I And the wisdom of the law is such that when have some difficulty in determining how much the infant bas obtained the relief from his of the hulk really was visible above water, even fraudulent behaviour which the law grants him, in ordinary circumstances; though I have little the Courts have not, so far as I know, any doubt that both Mr. Major and Captain Parsons power to tie up the property for the benefit of stretched their imagination very far when they those whom it of course desires to protect-the said that what was above water would have wife and children if any-but he being of full been visible on a clear windy night 3 to 500 yards age may play ducks and drakes with it a second according to the former, 200 yards according to time. Why the policy of our law, which is the latter. I agree entirely with the Assessor framed on the scale of the assumed laok of when he says that, with a good lookout intelligence and necessities of British_infants, and a strong wind blowing, they should have should be applied to Chinese infants I fail to seen the break of the water at least a launch's understand; and I must in the first place length off but no more. It was a windy night express my regret that the question of ascer- and I assume, as the plaintiff says, that there was taining the law as to Chinese full age was not a good lookout. But assuming, as I do, every-gone on with in this case. Here is a Chinaman thing most favourably to the plaintiff, the domiciled in China who borrows money from evidence of the people on the "Hoi Po" shews another Chinaman on a statement which from clearly what happened. "We went slow, then quicker. and so on to the top of the hulk: we were going half speed at that time:" this is one version.We started and stopped, started and stopped again, and after the fourth stop we struck the hulk:" this is another version. "We went slowly, and the sailors saying there was nothing to be seen, we put on a little more speed, then we came upon ber. This is another: and they really all agree in this one fact that they were going at the time of the collision at a higher rate of speed than when they were merely watching for the hulk. I think they bad given up watching for it, thinking they were past. What the rate was is shown by the position of the "Hoi Po" on the bulk. Half speed is
+1
admitted: the evidence of what I
may call
one point of view was false, that he was of full age. Of course the facts that the transaction took place in a solicitor's office in the Colony, and that it related to house property in the Colony, makes it appear more reasonable that the question should be tried in this Court: moreover the peculiar relief asked for obviously But the could not be obtained anywhere else. question involved might well arise in another kind of action, and where these peculiar circam- stances were not present, and the discussion must have followed the same, as I think, in- appropriate lines. Inappropriate because the whole law on the subject is framed on a non- Chinese scale. Full age with its English legal consequences is adopted to British subjects and persous of any nationality who have so far adopted our laws of personal status as to become domiciled amongst us. 1 do not know what full age is in Chine, nor even if the Chinese have any term of age which connotes conse-
expert evidence shows that it was more nearly full speed. This view is supported by what happened to the "Hoi Hau": She was going slow, and did not get on to the hulk so badly but that she could not be got off without damage. The plaintiff was going too fast at the time oquences at all resembling those attached to non-
uge and full age' in the English sense.
the collision: the fact which makes this a ne- gligent act is that he knew the wreck was there or thereabouts, and he was therefore bound to exercise all the greater vigilance in looking out, and the greater caution in navigation. He went ahead, whether full or half speed does not much matter, too soon, thinking himself clear of & wreck which he knew was there, and in doing so he committed an error of judgment which, in my opinion, is sufficient to support the plea of contributory negligence. Judgment must therefore be for the defendant with costs.
A MINOR'S PLE'.
In the notion Lee Lung v. Tan Man Hing, bis Lordship found that plaintiff had falsely represented himself to be of full age when he obtained the money from defendant, and ordered that defendant deliver up the mortgage deeds on payment of a sum of $10,000 by plaintiff. In default of plaintiff making this payment the action to be dismissed.
Nothing is so difficult as to give a finding on a question of fact when the evidence is as con- Bioting as it is in this case, except perhaps giving the reason for the finding. It is quite possible that the lamp may have been lighted that evening, it is also possible that the lamp A similar order was made in the case where was blown out (the wind was quite fresh enough | the same plaintiff proceeded against Li Ki Mun to blow out the lamp in Mr. Parson's cabin); I on a like snit. but whatever may have been the cause after Full texts of judgments will be given later.
Speaking generally I should think that the whole law of infancy in its many ramifications, penalties and remedies is in ppropriate to the Chinese, and I do not see what the Courts of the Colony have to do with the matter. They are not institutions for proselytising the Chinese in legal matters and it is worthy of note that in the Summary Jurisdiction the plea of infancy is not allowed to be raised.
However in this case I must take things as I find them: the plaintiff professed to mean that he was over 21 when he said he was full ago, and to understand the consequences attaching thereto by English law:, and the defendant, whose husband hails from Australis certainly was possessed of the same amount of informa. tion. In this case, being now of age, this plaintiff has, in order to show how entitled he is to the protection of the Court, advanced some, to my mind, inopportune arguments. It is necessary to recount the proceedings in these actions. They were commenced by his mother in his name as his next friend. Presently, coming of full age, the suit is continued in his own name. That is to say nominally he has become plaintiff : but only nominally, for the
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