Page
THE LADY IN THE BATH. VERDICT IN LOCAL LIBEL ACTION.
JUDGE CRITICISES SOLICITOR'S METHOD.
THE HONGKONG DAILY PRESS, THURSDAY, JULY 618, 1927.
BLASTING ON THE PEAK.' STEWART TERRACE RECEIVES A FUSILADE
|
* PEKING MARU" FIRE. CONTRAVENTION OF HARBOUR REGULATIONS.
THE BRITISH LEGION. PROPOSAL TO ELIMINATE FOREIGN BRANCHES.
POSSIBLE EXTINCTION OF HONGKONG
BRANCH
On Jour 1ith fast, while besting upe
CAPTAIN FINED RE rations were being carried out on the
Captain Fukami, master of the The case in which the Chief Engineer new motor road to the Peak a small pirre of the ad. On Lee is suing the purser of of rock smashed a pane of glass in the
DS.K, steamer Peking Hazu (on which If certain proposals which were to be the ship" for libel conțatnal in a letter bathroom of No. %. Stewart Terrace, the harbour) Was charged in the Marine the British Legion held in London last serious fire recently occurred in the laced before the National Conference of to the ship's owners was continued in the Peak, serupied by "Mr. F. Markintosh Court yesterday, before Canimandermouth, have been passed it is quite likely Summary Court, yesterday before theAt the same time a shower of staalier W. Beckwith, RN with having that the bent branch of the British Puisno dulge (Mr. J. R. Wool). - nissiles fell all about the house.
Mr. M. K. Lo represented the plaintiff and Mr. W. B. Hind the defendant. The libet complained of was that the plaintiff had looked into hathrium") where a gif was bathing
The girl declared that the Chief Engi nger, biroke the bathrool window and looked in. The ship's carpenter," on a previous agension, swore to being ordered by the Chief Officer to take off the bath -room door and said he broke the window. The carpenter was recallest and ad- uitted that, ne the time, of the incident,
In causespence, a contractor nauited Kien On, who was responsible for the listing operations, was charged before Mr. Hamilton, at the Magistracy, Fester day morning, with not taking the neces. sary prevenutions to prevent "hesiderats and loss of life...
that he hail on board his ship dangerous dow failed to notify the Harbour Master Legion in Hongkong may have to close goods-421 trúms of calcium enelide and so cases of alphuric acid-in contraveneta y of the Hongkonk Branch (Mr. This statenient was made by the hon. tion of the Dangerous Goods Ordinance.entative of the Daily Press, who learnt H. K. Holmes), yesterday to a repre Another charge alleged that having these from Mr. Huimes that two proposals havo dangerous goods on board, he anchored been placed on the National Conference the Dangris Goods anchorage. his ship to a buoy which was not in Defendant denied the first charge and
Mr. F., Neville prosecuting on bebali of the P.W... sand that the defendant; was very fortunate in not having pleaded guilty to the second. T appear before the Magistrate on a much more serious charge.
Mr. F. A. Mackintosh, in giving wit
ho was watching on the lower deck Holdener, said that at about 3 p.m. va dur alongside the Peking Mary about halyet known locally as" the results of the
was called away by the Chief Officer, to take off the bathroom door st that the
intention of using the bathroom,
agenda aiming at the elimination of all foreign branches of the Legion. Whether these, important alterations to the con- stitution of xo" wide body have been Mr. R. A. Rocha, assistant boarding Foffer, giving evidence, said that he went assed by the National Conference is not
conference held at Whitsuntide have not 124h, he bear! blasting operations being at busy 1.24 and as there was no gang fact, a copy of the printed agensia from an hour aftet her arrival. She was lyfor
yet reached the, Colony. As a matter of passenger child nob carry out her avowed carried b on the new mator road neat way down, he sent up a harbour form bethe London headquarters was not receiv
ins house. There was one blat pudera seaman. The daughter of defendant was called that str, and a number of fragments ined by the defendant and returned to
The document was filled ined until" nearly pe month after the for the defence, She said that you the of stone fell like hail round the rear of him and he afterwards handed it in at
meeting had been held.. Directly the date of the occurrenies she was voning by, the bans. He heard "a crush of breaking the Harbour
agenda was received strong representa- the te from Kongmoon to Hongkong glass and
through Mr. Hohoes, the Secretary, to tions were
made by the heal branch, She had a bath on Was upper deck sacr
the fixsentiye Council of the Legion at after 9 o'clock. While she was hating the sunah stayed outside the bathroom
received from hisajuarters a general Home When definite information is Witness heard some people knæking at
Asked if he had mug questions to puf, the windt at the bathroom. Someone the defendant said that he took the usual shouted something in English which she precautions. He cuibl.noi say where the did not understand. She ceplied ↑ Some fragnetis went as he and his fokis tank “ene ja hèze, doti'i knock at the window,” | rover.
Eventually the "window" was broken and
a man" peeped in It Was Engineer.
Office.
וי
It showed the on going to investigate heeling Mere as having 107 tons of found that the bathroom, window had general cargu" 60 tons being for Hong en yoken anť a piece of rock was kong."
the bathroom flour.
· Captain Fokamai, in the witness Wox replying to questions put by the Magis tent, Said he had been a three years and a half and this was his first voyage on the Faily Mora.
reting of the Hongkong Branch is to master for he called to pusider the situation,
Coining at the present time, just when Hethe Legion here is doing very useful work stranded men, the news of the proposed 示 the form of monetary relief to elimination is viewed with regret by members of the local organisation.
joined the ship at Robe; she was one of A Goterment foreman, named Chau the 1.5.K/s regular liners to Calcutta, the Chief Tsan, was next called. He stated that He was aware that he had dangerous he was present, when the blasting took cargo on bungt. He was in Hongkong as place. Two charges were explodest iga chief officer four or five years ago, hat drill holes about 10 inches deep. As had not lawn in many European ports. means of precaution gunry bags avere The Magistrate: You know that there spread over the holes, and above them fare: Dangerous; Goods Regulations com
mon to all Earopean civilised-ports à
AN SCERTAIN HENTIFICKTHEN.S Mr. Hind; Can you see him (N6, Look round; can you see him? - Ne Mr. Hind: Telieve is whert Nighted.
27.
The Judge asked the carpenter to stundas placed a timber frame about 3 fret,
6 inches square and branches of trees.
Mr. Neville, in reply to the Magistrate.
The girl said she could see him plainly and that he was the rann wha proped jn. Later she corrected herself and said he
was not the mat...
Witness: Yes.
Do you consider that calcium carbide dangerous in Japan?--Yes.
said he would not say whether the pre-is dangerous goods-is it regarded as cautions were satisfactory or not, as he
was not"present, a
The Judge then directed the plaintiff
The Mavistrate: Had you be in Tru stand up
Un did so, and the girtebarge would you have used any other examined him for some time. Plaintiff methods than those used !'
went clos: beside the witness box and after considerable hesitation the witnges said Thesis the man."
Is it a common practice in Japan stow enletium carbide in the hdds tweetedecks !-Yes.
to
Can they get insuraners to "gover it ?-
not say.
Witness: Not being on the job, I van Yes. "
rule of the constitution, whi-h lays down' To the first paragraph of the second
that the Legion shall be democratic, nan-secretarian, and not affiliated to of political party or political organisation, connected directly or indirectly with any it is proposed to add the words and that its activities be confreed to Great Britain and Ireland. This, as ALE. Holmes remarked, strikes at the very existence of thể longkang branch. It further proposed that the word are shall be deleted and that the wordcounty" he sulmitute. Thus, Hongkong, as headquarters of the Far! tot maist in the eyes of the Legio, Eastern Aren, not being county will should the proposal pass.
કેંસ
Even if the two proposals were rejected. another proposal on the comings of our local branch. It is an addi-
agenda, would seriously affect the work-" com-ion to the 6th rule of the constitution,
Is it always insured by Japanese It would be possible för such anpanies, or do you try to get English accident to happen in spite
procupando is We get Japan on
panies.
Mr. In: You were told to say that the man who knocked at the window trans?--Yes. shanted in English 1 ---No,
*
The Chief Engineer always speaks to people board in Chinese! 1 don't know.
Evidened, was given by the "omah and the girl's mother that they saw the Chief Engineer knocking on the window and saw him looks in the bathroom. -
Have 20 accidents occurred during the building of the road -Now that I am aware of...
Can your suggest why this isolated acrident should have happened. I gather
There has been no protest agatást enrgo being stored in this way?-No.
You hari also 30 enses of sulphuric acid
this man has been blasting nit alouer on boned?--Yes, that was stored "on the
should say that the frames were not after part of the dock. wrighted enough.
When you me into Hongkong you The defendant: It might have been went straight, to B.21 buoy-who told you due to the smalless of the stones sent
the branches were placed some heavy
alders.
The Magistrate:. The foreman did not SAY 90.
me there,
Did you tell the pilot you had danger ous goods on board!-No.
The defendant then gave evidence.into the air by the explosion. On top of to go there!-The Chinese pilot" took Answering the Judge, he said the letter succused plaintiff of improper conduct, He did not now think it was improper
At the 'conclusion of the defendant's evidence the Judge said he was satisfied that the story contained in the letter was untrue.
Do you think yourself that the author would allow you to be in at that
The defendant: You did not ask him, that stones were placed on top of the buy if they had know you had the
The foreman was recalled and declared branches.
which leals with the funds. 1. The Sub section reads: Every Branch shall for- ward direct to the General Treasurer an affiliation fee of one shilling and sixpence per and in respect of every ordinary proposed to add the words and any inember of the Branch" To this it is imations and contributions recrived."
If this proposal has beek adopted it severely hampered as a donations and mes that keal relief work will he subscriptions will have to be sent" td the Colony. Asked if this would affect England instead of being used 10 Sir. Paul Chater's recent gift of $50,000 between the British Legion and the Ex-Active Servier Men's Association. Mr. Holmes said that it would not, as
Mr. Halmes said these drastic prom this sum of money was under the control of trustees quite apart frùm the Legion for the E.A.S.MLA.
Seas Branches, including Hongkong A similar announcement is contained in" a
He then expressed an opinion as to dangerous goods on board 1-1 telegraph-posals had come as a great shock to all At this stage the case was adjourned the cause of the accident: The two ed to the agents frein Osaka on June 17th the members as the annual headquarter's until the afternedo, whers the question of blasts took place within u foot-and-a-half and expected they would have a special the good work being done by the Overs
rivilege, raised by Mr. Hind, was men-ignited at the same time but one exploded permit.
from each other. The two fuses were
-report-of-the British Legion mentioned tioned. Mr. Hind said he said looked up before the other and probably disturbed the authorities on the matter and had the covering on the unexploded one." found that the balance of authority was dangerous practice.
The Magistrate: That seems to be a in favour of the position that the evidence. Mr. Neville; I consider that the cover could be admitted. He therefore withing was insufficient.
dres the objection.
The Judge: The plaintiff has, in fact, suffered no damage.
Mr. Lo: In the sense that he has not Jost his employment.
TIU VERDICT...
זן
In giving his decision, the Puisse) Judge said: This is an action for damages brought by the Chief Engineer, of the On Lee against the parser of the ship. The liber is contained in a lefter dated May 8th written by a solicitor, Mr. F. E. Nash, on the defendant's instruc
Did you get any answer-No. When you arrived and the Harbour report was sent up, you filled 'it in and
・ドレリ
1
gave the nature of this cargo as "general The Magistrate (to defendant): I find cargo "7—It, wis not explešive, carelessness. At the same time it seems that there has not been very serious enlled it general cargo.
were so close together that inflict that since he had sent the telegram the Asked what he had to say in his de pretty obvious that the two drill holes fence, the defendant said he thought
office here would get a special permit.
should have been taken. I shall nominal fine of $5.
Mr. Neville mentioned that the damage done to the house was estimated at 133. Mr. "I. Rafeek, shipping clerk of the
Mr. Hamilton said that he had no 0.S.K., stated in his evidence that no-
authority to make an order for damages.telegrain notifying that there were dan- Any such claim must be preferred in a civil court.
gerous goods amongst the Prking Mart's cargo WRK received in the office in Hongkong. Had such
telegram
COSTS GRANTED ON A HIGHER SCALE,
pamphlet issued by the London Head-
if the rules are altered as proposed quarters in March last concerning the.
Policy and Work" of the Legion. In conclusion, Mr. Holrues said, that
1 do not see that the Branch can use- fully continue. At the present time the
added, took upon its shoulders the bulk British Legion is working in perfect Men's Association." harmony with the Ex-Active Service The Legion, he of the relief work whilst the EA.S.M.A. useful relief work as well. 'promoted social activities and did some
* A FLAGHANT CASE,”
tidas.
It seems to me an extraordinary fact that a solicitor should have written a letter of this character without himself having on interview with the client from whom instructions were received. This letter was written by Mr. Nush on in structions which were given to his clerk without any persooni interview with the defondant The letter accused the plain not excessive and I ask you to say that tiff to hirem-loyers of
The Marine, Magistrate, addressing the defendant, said:"After having heard been received he would have applied these charges. I consider this, one of all the evidence I find you guilty on both cated action and I think it is usual to mit. The Hongkong office had no inution of the harbour regulations that Mr. Lo It has been a very compli- to the Harbour Office for per the most flagrant cases of wilful contra lira $1,000 for libr), although one may formation as to what the ship was carry Anot expect $1,000. There is the question
of aggravation in view of the plea ofing until she arrived here. justification. I submit that the claim is
"
The Magistrate: Did the Captain ask I should have my bill taxed on the thou- you if you had received that telegram? Bih sand dollar kale. The statements contrined in th
I do not think that: Witness: No. are clearly defamatory, i have found as libel action should be on any lower
indecent conduct on the
they are false and I have found,
ietter
2180
scale.
that the dosen at when the letter was written.
they were falso to the knowledge of The Judge: You want costs on Beile During the case Mr. Nach gave evidence for it I do not think I can very well Mr. Hind: If there is legal authority and he was asked on whose instructions, abject... he had written that letter. On behalf of
Witness:
*
ship you are responsible that the harbour has yet come before me. As master of a regulations of the various ports you call at are properly carried out and it 18 Four duty to find out what these regular tions are before arriving in the port. The Dangerous Goods regulations are The Magistrale: That is most extra you have to deal with. In this case perhaps the most important; regulations ordinary; it is his defence.
I think the Captains although you admit that you know what making a mistake.
your cargo was and that you carried 424 The Magistrate: Do you consider drums of calcium carbide, most dan calcium carbide dangerous cargo 1
gerous goods besides cases of sulphuric Witness: Yes, I consider it very dan declared that your cargo was general, acid, you yourself filled in a form which Mr. Lo: May I ask the Court to make from the firm asking him to go alongside which accurred shortly afterwards aboard The master says he received a letter, it had not been for a disastrous. fire making no mention of dangerous goods. one comment, that damages so low as $100 the wharf 3-That was provisional-letter your ship.nothing would have been known torá nie entitled to claim and my view taken that the plaintiff, had not suffered if his ship was clean and able to go... that this ship had any dangerous goods
Whom do you send your manifests at all." : view of both learned solicitors in this vindicated his character here and I think to 1-To the Imports and Exports Office. caso. My judgment is for the plaintiff it was necessary for him to do so, but I with cats ad 1 asscas damager at $100.
The Magistrate: It is months, before month's imprisonment on the first chargo therefore fine you 2500 or one think $100 represents the actual damage they come here... he has suffered.
and $150 or fourteen days' imprisonment, (Continued at foot of next column.) on the second charge,
The authority entitling the Court to
the defs.do he claimed solicitor's fix the scale was produced and the Judge gerous cargo.
cques granted costs on the higher scale.
privilege of refusing to answer the
tion on the ground shie
decided that the
were confidential. After not awarded beesuse the view was telling him to go to the Kowloon what to the Antenen antes di filen?
authorities within the privilege
given wote
real damage! ang
W
on that point-now incides with the The Judges I think the plaintiff, has
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