Page
THE HONGKONG DAILY PRESS, WEDNESDAY, NOVEMBER · 14TH, 1923.
SEQUEL TO 1920 TYPHOON CLAIM TO RECOVER COPY
PAT “MANILA. THEYCEN SANG"-"MONTROSE“
COLLISION.
ACTION COMMENCED IN THR SUPREME COURT.
OF A MARINE INSURANCE
POLICY..
INSURER AND INSURED CLAIM POSSESSION.
The Holland and China Trading Com- "Afterza, lapse of over three years in any were the defendants in an action important action was commenced in the heard before, the Puisno Judge (Mr. Hapreme Court yesterday morning before Justice H. HJ, Gompertz) sitting his Lorilship the Chief Justice (Sir in the Summary Court, yesterday morn ing. The case was one in which the William Rees Davïes) sitting in Admiralty jurisdiction with the Marine Magistrate, plaintiffs, the Man Cheung Yuen, claimed "and Harbour Master (Commander C. w. the return of two copies of policies of insurance one of the Samarang Sea and Beckwith, RN), assor. arises out of the collision of the ss. Tuca Fire Insurance Company and the other of the Batavia Sea Insurance Company-- Sany and the a Montrose which
which the defendants had detained. The occurred during severe typhoon in plaintiffs also claimed 850 damages and Manila harbour on August 31st, 1990. The owners of the "Fun Sang (the Indo
The case
costs.
Mr. R. F. Mattingly appeared for the
defendants.
SPORT. FOOTRÁLL
MATCHES FOR TO-DAY.
H.ALS.
BONGIÚNG LEIGUE,
Division 1. AMBROSE"
"DESPATCH,"
H.M.S.
*THE BECKWITH - BELL. CHAMBER OF COMMERCE TRIBUTE TO HARBOUR MASTER.
We have received for publication, from the Hongkong General Chamber of Com- merce, a copy of correspondence with the Government on the subject of an automa tic fog signal on Tatheng Point, suggest-|||
At Sookunpon "A" ground, kick-off used by the Harbour Master, Commander 413 p.m. Referee: Mr. Collins,
ISEFORT PRACTICE GAME,
WHITES . COLOURS.
The following will play this afternoon at Kowloon, kick off at 4.30-
Bishop Buxton, Mair and McKelvie; Whites, Hutchison Wheeler and Gerrard, Forsyth, Mason, A Danca
and Begg."
Colours. Angus; Oldershaw and Sha
Omar, Roberte, Castledine, Johrison and Simpson. Reserve: Burd and Post,
Referee: Mr. Smith,
China Steam Navigation Company) are plaintiffs and Mr. F. C. Faux for the babodin: Sopher, Hudson and Lelliott; wing the owners of the sa. Montrust for damages, whilst the defendants have filed a.counterclaim for damage allegod to have been done by the sa. Fuca Sony,
The reason for the great delay in bring ing the casa, before the Cours is due to the fact that most of the evidence has been taken on commission either in Manila from the unther expere there
Mr. Mattingly explained that the plain, tiffs on the writ were claiming two copies of insurance policies under which, goods consigned by the plaintiffs were insured and they were making their claim against the agents of the Company in Hongkong, The defendants had now ceased to be the
RUGBY FOOTBALL
HONGKONG BANK 4. HONGKÓNŐ RUGBY CLUB.
C. W. Beckwith, RN. The Chamber of Commerce took the opportunity of sug- gesting that the Bell be named after Commander Beckwith, at the same time paying a well-deserved tribute-which the whole community will endorse-to the services of the Harbour Master dur-
Department Sir Claud Severn wrote on ing his eighteen years' service in the behalf of the Government stating that the
Chamber's proposal would be adopted and adding that H.E the Governor had received with pleasure the Chamber's tribute to Commander Beckwith's ser vices
The following is a summary of the cor respondence-
ar from the offers of the Montrose in agents for the Batavia Sea and Fire ID 10th, and resulted in a win for the Clah Harbour Master on a proposal to install i Englanti. The master of the Furn Sangsurance Company, and owing to this the
Campbell, Prosser (instrueled by Mr.
1. G. N. Tinsan) are conducting the
Vdefence.
In the statements in the proliminary collision was 7.43 p.m. and the place of excurrence was between the piers Nos 3 and 5 on the North side of Manila harbour. A wind of typhoon force was blowing at the time and there was a rough and confused sex, accompanied by violent squails of rain. The Montroxe was lying on the North side of Pier No whilst the Tuen Sung was fastened to
acts?' it is stated that, the time of the
the bulkhead between the, piers.
When the collision was about to take "place_ „tho" Fuen” Sang blew her whistle, This was the only thing that could be done. The Montrose's starboard side collided with the Tuon Sung starboard
Low.
From the kick-off is the second half Sound Signal distinct from any other became obvious that spectators who ships' Fog Signal. The Automatic Fog
The reason for this is not hard to find. acid gas in a cylinder, had como to see bright three-quarter Signal, I suggest, is actuated by carbonit play were doomed to disappointment.
The charge Both packs wars rather heavy, but ener forces the plunger to strike the Bell with gic and keen. The Club had a dis- considerable force and works with Auto- the Bank terhaps, forward. The resul: matic Tuning Gear. A cylinder of gas tinet advantage in the back division and was only to be expected; the Bank for would give some three months' continu- wards stuck to their original policy, and, ous service and the Radius of sound three keeping the ball to themselves, gradually forced the Club back to within a few to four miles. The cost of the installa feet of their own line. It was unfor- tion is quoted c.i.f. Hongkong at £908. tunate that the Bank were not able to II a Bell of this nature is installed in score at this period and vindicate them the position named, it should be possible, selves. When the whistle blew for no
I consider, for ships making the port to side the score was unchanged.
For the Club, Forsyth played his ugnal pick up the Bell and bring it ahead until stant game and it was obvious that some three cables off, when Tathong Smythe had lost none of his cunning. Raiston and Adams were the outstanding Point should be visible; then edge away forwards, whilst King played a sound slowly to the North-west until off Tai game at full back.
On July 3rd the Colonial Secretary wrote forwarding for the consideration of This match, was played on the Club the Chamber a copy of a minute by the ground at Happy Valley, on November by a goal and a try, (8 points) to sil. an automatic fog signal on Tathong Point! at that time (Captain McAinish) is, how their claim with regard to that policy."
therefore withdrawing plaintiffs were
The game started at a brisk pace, In this minute, Commander Beckwith About 5 minutes from the start the Club, said Frequently it has happened dur ever," to give evidence before the Court.
who at this period were repeatedly ob Mr. Eldea. Potter, K.C. (instructed by:
Dealing with the facts Mr. Mattinglysining possension in the scrum, got, the ing the foggy season that ocean and said a cargo of rise and a cargo of flour ball back to their three-quarters, and, as coasting steamers are held up at anchor Mr. E. · Davidson)' is appearing for the
were consigned by the plaintiffs on board resuls of a rather pretty movement off Waglan and the entrance to the Port plaintiffs and Mr. F. C. Jenkin and the t.s. hurt and the policy of insur.it was touched down by Logan. Forsyth
took the kick, but failed to convert. A of Hongkong for a considerable period: ance was effected by the consignors with few minutes later the Club again scored 30 to 50 hours are recorded. It seems to the Companies for which the defendants through Clelland, Day taking the kick me that a great deal might be done to were the Hongkong agents. The inaur and converting. From this point until overcome any long delay owing to fog, ance was effected in Saigon with the side saw but little of the ball. The Bank by installing on Tathong Point near the half time the three-quarters on either agents there. On the voyage from Saigon forwards were continually on the attack sea level an Automatic Bell (see photo to Hongkong the s.s. Bourbon stranded and, securing the ball in the frequent attached) that could be set to give four on the Paracels and part of the cargo ground and holding on to it.
line-outs kept it to themselves, gaining strokes per minte, which would make this was jettisosed, including the part of the Feargo" insured. The agents of the Com- to the average adjusters, Mr. Mattingly pany here had put a certain sun of money
added, and they had refused to pay the claim of the insurers in respect of the loss and had told them to look to the general adjuster. This had been going on for four years, and as far as one could see it might go on for another forty years. The plaintiffs had asked the agents bere for their copy of the policy in order to get their claim paid, but the agents had refused to hand it over, and Mr. Mat- tingly mentioned that the original policy was believed to have been lost when the Manager of the Tai Tuan S. Company was drowned on his way to Saigon. A duplicate was obtained and this was banded over to the defendants when the claim was made. The claim had been were-up.
refused and the defendants would, not The defendants statement is to the return the copy of the policy.
For the Bank, Moncrieff did herculeanu Bay where I propose to rendezvous that immediately the
Mr. Mattingly then read much corro- No. ▾ sigual waa hoisted sometime after 4 p.m.spondence which had passed on the sub work in the line outs, whilst Bredin and the Pilots in fog, pick up Pilot and pro
jeet from which it appeared that the Jones were conspicuous in all forward cced into Hongkong.
Outside the serum the zhe Montrose's moorings were strengthened stranding of the vessel took place in movements.
"I attach a chart which, I think, will and that all practicable steps were taken January 1919, and of a cargo of 1,790 bags Bank halves, Fergusson and Clerk, and to secure her alongside the pier in order of rice 776 bags, valued at $6,003, were Hegarty, at full back, were the outstand make my explanation clear."
jettisoäed Continuing, Mr. Mattingly ing players.
The Secretary to the Chamber (Mr. zo prevent her being carried by the wind said that whether the insurers hail a good
D. K. Blair) wrote on July 20th:- and damaging herself and other ship claim or whether they had a bad claim, ping. At the same time steam was being or whether they had to claim at all, they
"My Committee have carefully con raised, but the typhoon increased with were entitled to the return of the policy.
sidered the question and the opinion of sura abnormai rapidity that it struck her He contended that the replies from the
several coasting masters has been sought. before this could be accomplished, and defendants to plaintiffs' letters were with such force as in any case to have evasive.
The following will represent the Uni-
The view is taken that while the in versity 1st XI. against C.R.C. in Anchors rendered her, engines useless.
Mr. Mattingly said that he did not League match to be played on
the stallation would be of doubtful benefit to were put out and cables put out in order propose to call evidence as the facts of latter's ground on Saturday at 2.15 ocean-going inward vessels, the masters zo enable the anchors to hold, but with his case were contained in the documents p... A. Ramjahn, H. N. Balletor which would be almost certain to an out effect, and the starboard side of the which had been put in. Yoon Sung collided with the starboard Mr. Vaux said he agreed with most of chet E. K. Quick, M. H. Roffey, F. A. side of the Montrose. The defendants what Mr. Mattingly had said, but there Redmond, A. S. Hett, W. M. Giitins, alleged that the Fen Sany was in fault were one or two exceptions. The first T. O. Yeow, M. B. Osman, C. A. Peterson for saying at her berth when the No. remark he disagreed with was that the and B. P. Ng. Reserves: S. Hachiuma
and D. Laing 4 phoon signal was hoisted, because the policy was handed in when the claim was special character of the wharf rendered made, and that this was done in October, it dangerous for her to remain there and 1992, and that a receipt was given in because the two piera jutted out at each November, 1924. Mr. Vaux denied that ond of the wharf, which rendered it im- any claim was made for payment of the patible or lightly dangerous and dif. lose under this policy. He would bring ficult to get away when the wind in- evidence to show that no claim was made creased in force. The Yuen Sung was until October, 1993. The next point with in fault for attempting to move from which he disagreed was Mr. Mattingly's r wharf og she did just before the remark that the underwriter was liable to collision and that those in charge of the Pay the general average contribution. He Yan Sang acted in a very unseaman disagreed with that as a matter like manner and in violation of Article
In this statement the plaintiffs alleged that the Montrose was" negligent in having no steam up or in having let her steam down when the typhoon signals
efret
of the Regulations for preventing. collis.cn.
4J
law. His Lordship: But you agree that he entitled to the policy?
ORICKET.
UNIVERSITY C.R.C.
GOLF.
n
The Bogey Fool Competition, played at Fanling on November 10th, 11th and 12th, was won by Mr. H. Scott, 4 down
The Mixed Foursome Competition was not played on account of insufficient entries.
Asked if the general average had since been fully adjusted, Mr. Van Andel said it had not and in support of this Mr. Lowe, Bingham and Matthews calling the Vaux produced a letter from Messrs.
7%
chor well outside during fog coasting masters would, on the other hand, greatly henest from the adoption of the Harbour Master's scheme. My Committee there fore supports the proposal as an institu tion of much value.”
On November 1st the Chamber wrote again on the subject as follows
"It is understood that the automatic signal will come into operation on the first day of the New Year and the Chan- ber desires to make the suggestion if it has not already occurred to the Govern ment-that the Fog Signal 'be named
The Beckwith Bell.'
his case would be negligenco on the par tifs and ho had put a reading into the parties concerned "to a meeting on the in relation to the maintenance, classifica-
"It is assumed that, in the ordinary
course of events, Commander Beckwith's term of service in the Colony will soon bo drawing to a close and it is hoped that the Government will agres as to the appropriateness of permanently associat- ing his name, in the manner suggested, with the Colony and particularly with the Harbour."
"Commander, Beckwith has accom plished much in the direction of improv- Mr. Vaux: I will come to that later on
ing the Harbour and its administration Mr. Vaux, continuing, said that his Mr. Eldon Potter in his opening re- friend had gone through the correspon-
pected with the Department. His work during the 18 years that he has been con- rearka emphasised that the chief point of dence between the defendants and plain- of the officers of the Montrose in not letters with which he did not agree.
inatter to be held on Thursday next." tion and organisation of buoys since they having steam up. Mr Potter dealt a "For a word of civility the plaintiff
Asked to explain the general position were taken over by the Government has gront length upon the meaning of thecould have ‘obtained everything he want: he took up Mr. Van Andel said about a been so eficient as entirely to remove typhoon signals as shown in Maned," said Mr. Vaux. "Instead of that month agʊ Mr. Mattingly telephoned to the apprehensive feelings entertained by the No. 3 signal mean to shipping that ingly offensive and rude letter. It was nection with the s.8. Bourbon. Mr. Fan transfer was first mooted. they were just to prepare to light their not answered and it was followed by a Andel told Mr. Mattingly that if he would fires or to actually light them for the writ." Mr. Vaux at this stage contended send his client round to his office he purpose of getting up team! If the that the defendants were entitled to keep would give him all the particulara he defence argued that this signal meant the the policy, pointing out that it was only wanted. The client was away for quite former, could they explain what would a copy of the original policy and that the awhile and in consequence of the report happen if the No. 1 signal was changed plaintiffs could have obtained another he made. Mr. Van Andel told Mr. Mat- to the No. 4 signal and the Ne, 9 nigual copy, from the same source as the first tingly that the policy could be seen in was passed by After quoting from the copy was obtained from, He would go the office. Witness added that the policy evidence of the Chief Officer of the little further and say that if there was was properly his, keeping at the time "Modram, taken in London, Mr. Potter a loss and there was that it was a and still was "
The final letter in the correspondence pointed out that the Chief Offene ad-matter for which general average pro Mr. Vaux in summing up.claimed that is as follows: T mitted that the order was not given to ceedings should have been instituted. they were entitled to hold the copy policy
Colonial Secretary's Office, the engine-room to get steam up until Giving evidence. Mr. Alexander. Van on the ground that it was a valuable, i Hongkong, 6th November, 1023. between five and six p.m.. Was it not Andel, Manager of the Holland and China document, one on which they had paid Sur-With reference to your letter of remarkable thing, he asked, that no Trading Company, said that his company contributions to the average adjustor.. the 1st November, 1923, I am directed Drders were given to raise steam until were the settling agents of the Samarang Mr. Mattingly held that Mr. Vaux's to inform you that the Government agrees Over 24 hour after the raising of the Sea and Fire Insurance Company. He talk about the policy containing endorse that, the fog signal at Tathong Point No. 4 signall I could only be ex insured some cargo under the policy in ments as to the contributions paid to the should be called The Beckwith Bel plained by a total ignorance of the real question for $15,000. He denied that any general average were irrelevant. He con meaning of the signal. It was amazing claim had been received from the plain tended that the policy was the property that no steps wera, taken until some time tiffa in respect of the cargo lost. Ho ad- of the insured, oven whether there was after the signial, had been raised.
mitted sending letter saying that a a claim or not. As to damages he said, copy of the policy could be seen in his in conclusion, that it was within his office. In reply to this he received a Lordship's Jurisdiction to award exem- letter on October 15th to which he did plary damages for the manner in which not reply,..!
the policy had been withheld..
Illa Lordship reserved his decision..
Kr. Eldon Potter had not completed his addrem when the Court row for the day..
The hearing of the eneo is to be con Ainued this morning.
(Continued at foot of next column.)
ceived with pleasure your Chamber's His Excellency the Governor has re- tribute to Commander Beckwith's ser vices.I am, Sir, Your obedient servant,
(Ed.). CLAUD SEVEEN, The Secretary,⠀:"
Colonial 'Becretary: Hongkong General Chamber of Commerce..
SPECIAL NOTICE.
11
OPPORTUNITY TO SEND
3
TEA
GINGER
THERE IS STILL AN
CHRISTMAS PARCEL
TO THE FOLKS AT HOME.
WE CAN SHIP P 8.3.-MALWA
5 Catty box HANKOW. TEA
FOOCHOW
5 lb CEYLON
1 Parcel (8 tins) GINGER
(INCLUSIVE OF ALL CHARGES)
13.50
12.00
10,50
8,50
TAKE ADVANTAGE OF THIS OPPORTUNITY OF SENDING,
À REAL PRACTICAL AND ACCEPTABLE GIFT.
LANE, CRAWFORD, LTD.
TIL 4567:(4 Lines):"
THE POPULARITY OF
LANE, CRAWFORD'S COFFEE
13 EARNED ABSOLUTELY ON MERIT.
A DELIGHTFUL BLEND OF 3 SELECTED
ROASTED & FRESH GROUND DAILY.
AT 95 PER LARGE TIN.
TEL. 4567 (4 LINES),
KINDS,
EST. 1850.
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