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THE RACECOURSE DISASTER.
ADDRESSES TO THE JURY-
MB. BOWLEYS PRESENTATION OF THE CASE ON BEHALF
OF THE CONTRACTOR.
THE QUESTION OF RESPONSIBILITY.
The enquiry into the Hace Course particular case. The law does not re disaster was resumed at the Magistracy quire the utmost caution that can be yesterday afternoon in order that the used; it is sathcient if censosiable precau- solicitors appearing might address the tion, and what is usual and ordinary in
jury on behalf of their clienta.
THE CROWN SOLICITOM
The Crown Bolicitor, who has been assisting at the enquiry under indtrue tions from the Government, addressing the Coroner, said the evidence having been concluded, and having regard to the position which he beld in the inquiry, which was morely to rander sækistance in collecting evidence and so forth, he felt it hardly necessary for him to sum up the evidence which his worship would have to put before the jury at the conclusion of the proceedings. If there was any sub ject, after the other gentlemen had spoken upon which it was desired that be should address the jury and they would let him know he would be very pleased
to do so.
MR FBL BOWLEY. Addressing the Court, Mr. F. B, L. Bowley said: In his opening remarks the Attorney-General informed you that technically you are here to inquire into the nause of the death of a single person, but he reminded you that over 500 persons had lost their lives in the same disaster, He also invited you to criticiso any Government departments concerned, and to advise the Government as to measures to he adopted in the future. The scope of this enquiry is, therefore, much wider than an ordinary inquest, and as my clients, the matshed contractors, are not only involved in the disaster but bro interested in establishing the fact that with proper precautions matsbeds can be rendered reasonably safe, I propose in my remarks to you to allow myself more latitude than if I were merely defending them from a possible criminal charge.
But the scope of this enquiry has cer- thin limite boyand which neither the Government nor the Attorney General can authorise you to go. You are not authorised to capire into the civil linbilines of the parties implicated when ther euch liabilities arise out of their contractual relationships, or from any tortious act or neglect on their parts; therefore, I do not propose to discuss the
question of the evil liability of any
person or department; those questions may hereafter be discussed in another place, and it would not be proper for this tribunal to express any opinion upon
thera
It is your duty to find the cause of death, and if you were satisfied that there had been criminal negligence on the part of any person or persons, and that such criminal negligence was the immedinte cause of death, you could bring in a
verdict of manslaughter upon which that person or persons would be committed for trial at the Criminal Sessions
such cases, be taken.
soon as
THE POLICE
at
THE CONDITIONS. Now, the only conditions that the Now, gentlemen, I submit that, it is obviously the duty of the Police to take Director of Public Works in his threefold steps for the regulation of a race crowd, capacity: made with regard to these and for the protection of persons and matsheds
wore hot for the safety of the property in or near a public Race- course. It is well-known, that horse- public, or the guidance or assistance of racing attracts all sorts and conditions the lessers or contractors but rather the f men, from the Ling to the card- Pingstoned sharper, and from the peer to the pick- reverse. For example, by insisting on a packet, and when (ns in this case) there gangway and fence at the back ho ch the added attraction of unlimited gambling, and the admitted fact that structed free access to the sheds and there are many bad characters in the deprived the contractors of the right to Colony, the duty of the Police is inten
sified, commenced uch raking struts at the back of the
the racea within 60 yards of the Golf Club-house she of that protection which the Police row, and by allowing the sheds to be clients were entitled to a reasonable and other buildings he increased the risk To render such a person guilty of No provisions were made with regard to manslaughter the negligence must have the height of the sheds, the numbers to been the direct and immediate cause of the exits, stairenses or gangways, or the be accommodated, the position or size of the death, and there must have been per use of the sheds (except a futile condition sonal misconduct or personal negligence about gambling, which it was not intend
ed to enforce), no precaution whatever on the part of the accused; he is not was taken against fire and no step was responsible, criminally, if the death was taken either to improve the water supply directly caused in his absence by the or inform the Fire Brigade
The excuse is put forward that the same | occupied, negligence of his servants or others. thing had been going on for, some 40
* Is 19 no defense that the death was ended by the negligence of others as will at of the prisoner; if death be occasioned by the net or default of several they are all guilty of manslaughter; but if the particular negligence imputed to the prisoner was not the proximate and ufficient cause of the death, he cannot be
convicted."
THE GOVERNMENT
Now I submit that the Government only exists for the benefit of the public, whoses servants it is, and the special de artments concerned with the safety of the public in Hongkong :---
were bound to
Now it is clear that the Regular Police Racecourse. left the mataheds severaly alone, Chief outside the scope of the duty of himself Inspector Kerr seemed to consider them and his men; he stated that none of them went inside the enclosure formed by this matsheds, the Golf Club, and the iron railings connecting the two. He was engaged in regulating the traffic in the public roads, and no doubt, he was fully and environment feare bad, best on 40 were left to the Detective pores, rund happened in those 40 years, and within District Watchmen. Inspector Watt hás the last 20 years there have been a number told to how his men were posted, and of disastrous collapses and fatal fires in it appears that there were my two detectives on duty for the range this Colony to remind the authoritics of their duty to protect the public.
matsheds, as those privately engaged in Mr. Blake's thed can hardly ba The questions of overcrowding and pre- cautions against fire, which are of vital reckoned. Two men in plain clothes in a crowd of this sort could not possibly importance to my clients, are as old as Noah's Ark the first building of which see all that was going on even with the we have record--and these questions noticeable District Watchnen,
of It is
entertainment
have been considered by the authorities Reserve were called upon for duty at bere quite recently in framing regularny part of the Racecourse; if such Now the persons upon when a duty was tions for theatres and pinces of public call had been made, no doubt they would imposed, or who look upon themselves a
I have responded to it with thmr usual duty in connection with the preservation been similarly reconsidered and should be
The question of exits and gangways has ainority and efficiency of the lives of the visitors to the matsheds quite fresh in the minds of the authorities.
THE FARE BRIGADE.
may be divided into three groups
No security was taken for the due Next I cania to the question of pre- performance by the lessees of the condi cautions against fire, and this appears (a) the Government and its officers,.........tions of, the letting; the fees were not to me the most serious question of all. (b) the Lessees and their assistants,
even required to sign their names, or to The Superintendent of the Fire Brigade. give their individual names; the and frankly admits that no precautions of (c) the Contractors and their employés. Lioneer accepted syndicate numes and any kind whatever were taken.
could not tell me who the Jessees actually excuse for the absence of
precautions his Incidentally, this casual method of letting and (3) that any precautions that could were. He thought his compradore knew puts forward the pleas of (1) Olo
Custom (2) that nobody raked for them, made it impossible in many cases to have been taken would have been enforce the penalty provided by clause atically useless, as he says that it is im- prat of Schedule H, es you cannot convict a syndicate as each
latter theory be is supported and
he is supported by a nun- her of members of the Brigade, both regulars and volunteers
Now, if it was really the belief of the Fire Brigade that a matshed fire could not be stepped it seems to me that it was the obvious duty of any member of Having let the sites in this most un that Brigade and of any officer of the satisfactory way, and enriched the Tra It is obviously the duty of the Public sury to the extent of some $14,000-the police who noticed that cooking was Works Departraent to provide as far as that part of the business-the next duty most dangerous
Government always takes good care of mediate stops, towards
going on in the matsheds to take im- possible for the safety and convenience of of the Public Works Department was to the Gants in SuperintendePolic ds stopping that
the public and for the preservation of inspect the mate
mashed daring and offer and a warning from him the property of the public; whilst it is the Building Authority, whose staff was no excuse to say that there was
construction.
duty devolved upon would probably have been auticient. the duty of the Police and Fire Brigade of the collapses which had occurred minent danger, the police should act ei
specially strengthened in 1908 an view rule
apainst
cooking, as in cases of im to endeavour to protect the persons and before that date, and in order to obviate once for the public safety, and it can property of the public from the malicious as far as possible such occurrences in
future.com
(1) The Public Works Department, which includes the Building and Water Authorities.
(a) The Police Department, which in
cludes the Fire Brigade.
or careless acts of individuals,
of their malicious injury, or damage by firo.
Now in what way did these two depart
ment discharge their duties ?
THE PUBLIC WORKS DEPARTMENT.
It was a condition of the letting that if the Police objected to any lossen his right might be cancelled, but, as the names of the lassees were never com municated to the Police, this condition was as futile as that against gambling
hardly be supposed that such a warning would have been disregarded.
I think you will agree with me that if the heads of the Police, were ignorant of the existence of cooking, all those members of the force who knowing the fact, failed to report it grievously neglected a duty which they owed to the pupile in
and to
clients amongst others,
Now I have no complaint to make My clients as members of the pt lie against the inspector. We are told tuat he is a man of practical experience were entitled. I submit, to look to these and we know that he had no data (excopt two departments for reasonable advice since) to go upon, he had no instructions as to numbers to be accom and guidance in the design und construc-modated, position or size exits, or tion of the matsheds, and for protection inspected and passed the buildings with But I do not think the theory, thuf fire precautions. But the fact that ha property from improper use, out a single objection or comment must precautions are useless is to be taken have a considerable effect on my clients literally, it has been admitted by several position, as it inlled them to a scaso of witnesses of experience that buckite of security. If the Government Inspector water in the sheds might have bech of was satisfied,
why should not, they be so great value, and that a hose laid in wh It would no doubt have been a wise ness might have subdued the fire in its position and full of water kept in readi Take first the Public Works Depart Precaution if further inspections hand initial stage; and that view in supported been inado on Monday and Tuesday by more than one independent witnesa ment. I shall show you that the Public mornings, as the lesses may have made Now there was no reason why these two Works Department had absolute control furniture and other weighty objects such should chvions and simple precautions over the whole of the details of the letting as cash swoop sylinders, and they install lo custom is to oxcuse, particu
not have been taken, og of the sites and the arrangement conext fires and made arrangements for larly in view of the fact that the
cooking. Also, the
crowd on Monday Superintendent of the Fire Brigade has struction, and use of theso matsheds. might easily have either carelessly to see every day that similar precautions The Director of Public Works has three seeing that the Government received of public entertainment, permanent and nialiciously injured the structures are taken in theatros, and other places fold authority, and consequently three- $14,000 for the letting of the kites, and tomporary, European and Chinese, fold responsibility in this matter.
that i was known that the pulsic to The posting of n despatch-box with First, ea Custodian of Crown Land sheds, it seems hardly too much to ask Club would not have seriously
an unknown number were using the couple --
firemen
the
Golf in general, and of the Wongneichung for a daily inspection by the Surveyor weakened the Brigade, and t
in whose district the sheds were nerary connection might have been made Recreation Ground in particular
Betore leaving the Building Authority with the hydrant by the Monument, Secondly, as Building Authority. I should like to refer to the question of under the road, so as not to block the Thirdly, as Water Authority,
tests. It appears that during the 70 traffic Buficient pressure for one hone First: The matsheds were built on Colony no tents have been made either closing the valves as described by th
Sears of British Government in this might have been kept up by partially the enquiry, a great many statements land which is the property of the Crown, of the materials of matsheds, or of the Water Authority bed by
lond which they can carry Professor The members of the Fire Brigade, whe have been made which would not be ad- but has for many years been dedicated to sfiddicton Smith, and others live point undertake a very arduous and pilega misible in Court of Law, however the public for recreation. The Director od out the difficulties of waterial tests, duty, were commendably prompt in o useinl they may be to you in pronouncing of Public Works is entrusted with the but I imagme they were not insuper ing into action, especially the olter ho able, whilst the dead-loath test might fetched a dispatch box in a motor car that criticism which you have been in preservation of this ground, and no easily have been made and the live have been lacking
approximately at least,
they seem to vited to pronounce In arriving at a building of any sort can be erected there men and stakes p
without his consent. He is under no I have a few remarks to make verdict, therefore, you should discard all
obligation to grant his consent at all, and the Water Authority and then I will ances theoretical and hearsay evidence and if he gives his consent be can attach any pass from the Public Works Department have done, that taby aydin by the
If they had known consider only three facts which have been conditions or restrictions which he may to the Police. The three-inch pipe vás Monument was ser
20 years old-a fact which cannot have only they would ham hay disc add to your verdiet in a rider any ex be erected in the Colony, without the Club and Jockey Club but, with the pump to that
consent of the Building Authority under assistance of a 4-inch pipe, it server realized, as they might have to pression of opinion with reference to ally Sec. 200 of the Public Health and Build Wongneichung Village and the supply the fresh water supply matter connected with the disaster pro-ings Ordinance. Here I should like to which is pumped up by electric motor to hood was quite inquegua vided you do not encreach upon the pro-digrees for a moment and point on that Broadwood Road. "All these factors (which pump they would have called for thế,
Such a verdict is a very serious matter and should only be returned if you are satished upon positive legal. evidence of the criminal negligence. Owing to the enlargement of the scope of
consider advitable
| from No, I sta intinformation
or direction
the
appli
they should
inch
otof
had
ghbour
motor
EUA properly proved before you, but you may Secondly: No matshed of any sort can improved it. It serves not only the Golf ed the branch a Ipse
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CRIMINAL NEGLIGENCE.
*** * * Thirdly: As Water Authority the
the
although, strictly speaking, a matshed is were known to the Water Authority) must water-float at once t
"building" within the Ordinance it have tended to weaken the pressure on float did not arrive until after 3.15, and is quite clear that it was never intended the fire hydrante The Water Authority was not in action until 4 o,dock-one that the provisions as to the deposit of told us that fire hydrants wore place, hour after the outbrea A very clear summary of the Law of plans, etc., should apply to matsheds not where the Fire Brigade Wanted Here I should like to remarkt there Criminal Negligence is to be found in The latter have a little code of their own them, but where the Water Authority seems to be un adequark there Halsbury's Laws of England under consisting of Bee 209 and the regulations thought they should be placed which water-fect should co
a curious arrangement. He phonic ecmmunication
direct fele the title Oriminal. Lav pp. 1182 It is bas power to relax some of these cond: The Vipe was indicated at or near the this case the loat should not
in Schedule H. The Building Authority seem rather a our)
was not sure whether the diameter of
the Fire Station, nor why onder the circum
૪૭ના એ hydranty nor did he know whether the A peron upon whom Law in Director of Public Works has control of 70 Brigade had a map showing theservation Wharf, whences she could have
been lying with steamy position and size of the hydrants two very quickly steamed to any - ponit iz poses only; daty, or who has taken upon the water-supply including the fire rather obvious precautions.
to the preservice. He must have known that the the system of telephones ford the 1f all or any of these precautions had
He detailed the Harbour himself any duty – fen
water supply at the Happy Valley in its of tura-coelos in the different districts, been taken it is quite possible the even servation of life, and who grossly normal condition was absolutely inade but he could not assure us that thoso if the fire were not quenched in t neglects to perform that duty or per quate to extinguish any fire, and he might arrangements and hammunicated to initial stages, the work of risque might have taken steps either to intresse that the Fire Brigade. It appears that they have been much facilitated, by the use of forms it with gross negligence and thereby supply or, at least, to have warned the were not, se the Water Authority's office one or more strong jets of water, and causes the death of anyther person, is Fire Brigade of its defects, so that the wis not rung up, and the district turn the person concerning whose death, you guilty of manslaughter. What amount latter might have gone at once to the cock, instead of closing the valves to are enquiring might, for all we know, of segligence is to be regarded as gross sea for ite supply instead of wasting the East and increasing the pressuir have been saved with many others. is a question of degree for the jury, de time in trying to pump water out of a near the fire zeems to have been a mera pending on the circumstances of each 3-inch pipe.
spectator
(Continued on page 7.)