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(96
S.S."BELGENLAND."
21st. 1976
'THURSDAY, JANUARY
KENNEDY ROAD COLLAPSE. WORLD TOURISTS ARRIVE HERE CORONER'S INQUEST ON COOLIES
TO-DAY.
WHO WERE KILLED.
The second of the tourist vessels to On December 30th six coalies were arrive in Hongkong this season is due buried by a' fall of earth, and stone from here early this morning the ss. Belgen-a slope on which they had been working land, the Red Star liner, which carries a behind a. house in course of erection at large party under the aegis of the Kennedy Road. Four of the coolies were American Express. Company.
killed as a result of the collapse and the other two were injure22.
Yesterday afternoon at the Central Coroner, continued the inquest on the Magistracy Mr. B. E. Lindsell, sitting na men killed.
There was no under-cutting-I did not
see any.
The Coroner: When I visited the scene with the jury on the afternoon of the 18th there was a certain amount of under cutting going on, as a result of which the Public Works Department representative stopped the work on the cut Did you see any aigns of under-cutting prior to the collapse 1-No.
the cut has been made perfectly safe
Do you consider that since the collapse
The vessel (27,200 tons gross) is carry ing on this cruise more than 400 passen gers. It is stated that not a passenger of the 475 brought to China by the Belgenland last winter departed without EO. Graeffe, J. A. Borget and R. Ley.
The members of the jury were Messrs. making substantial purchases of silk, Mr. EFR Sample, who gave carvings, furniture, qurios, jewellery and technical evidence at the previous hear other Chinese goods, and it is not anti-ing, was recalled and questioned by the cipated that this winter's party on the Coroner. Betgenland will be less liberal buyers made prior to the collapse do you con- The Coroner: While this cut was being than her passengers of last winter.
The ship herself is an oil burner of sider the actual digging was properly 697 feet in length and 79 feet in breadth, done-Witness: Yes do. If it had not. and is engaged in the summer Trans been I should have told them so. Atlantic travel between New York and Europe. She is an international ship in the broadest sense. Designed and built at Belfast (completed in 1923), the Bel genland is owned by American stock holders of the International Mercantils Marine Company with beadquarters in New York, and is operated by the Red Star Line, the principal steamship or ganization operating between the United States and Belgium. She flies the British Bag but her home port is Antwerp and she is managed from New York. I do.
The Belgeiland's commander, Captain
Another witness said he was the actual John Bradshaw is an American citizen, sub-contractor, but sub-let the contract officers are chiefy English and her ste-to the sub-contractor who had already wards and chefs are English or Belgianractor definite instructions as to how the given evidence. He gave this sub-con- She carries a total crew of 501 persona, of whom 10 ore women, including cut was to be made and how to carry stewardesses, hairdressers, parses, maids out the work. Witness was there on the and laundresses.
morning of the collapse, leaving the place Two surgeons and a dentist, a physical director in charge of at 1 F.. He supervised the work being the gymnasium, a cruise director and his done tuere every day, and at the time he was satisfied that the cut was being dug ata of 15 men, a master of ceremoniest an educational director and lecturer, properly and was safe. He was not there two pursers, two bandmasters, an editor engaged in this class of work for a matter when the collapse occurred. He had been for the ship's daily paper, three printers of twenty years and had never known of and a minister of the gospel are also in such a collapse before. He could offer cluded in the ship's personnel. The kitchen and dining-room staff total 325
no opinion as to how the collapse occur- red. He saw no under-cutting at any time and had seen none since the collapse the Buildings Ordinance Office, Publie Mr. R. S. W. Paterson, engineer, 91
his duties to inspect new buildings under Works Department, said it was part of construction. The site of the new build-1 ing in course of erection West of No. 24, Kennedy Road, did not come under his notice prior to the collapse. Mr. Wad more was the overseer in charge and would have inspected this building and lite. The first time witness visited the site was on the afternoon of the collapse. He made a careful examination of the place and from his examination he form ed an opinion as to what might have caused the collapse. It was purely sup- position; but he thought it probable that the working at the foot of the embank- ment might have caused a certain move ment just above it and, as Mr. Sample had said at the previous bearing, slightly loosened a boclder which ultimately caused the slide.
The Coroner: Do you consider the 23 degrees was safe -Taking into con making of this cut at an angle of 22 or sideration the nature of the soil there,
do, your Worship.
ren.
In her deck arrangement the, ship is ideal for cruising. Her promenade deck is enclosed with panels of glass that can be readily lowered to a point permitting a clear view of the sea from one's steamer chair, the space available for chairs being unusually broad A night this deck is frequently used as a ball-room, and when decorated with multicoloured electric globes and flags, presents a charming appearance. A festare of the upper deck is a space for sports, of generous proportions, where deck tennis, golf shuffle board and other games are play
ed.
Other features of the vessel relating directly to recreation are as follow Two large and well equipped gym iums, an indoor swimming pool, with Turkish bath attacked and two outdoor pools, the largest on any ship. Three verandah cafés, availabl for refresh ment, table.
games Cr dancing. A Japanese tea garden for dining or dancing.
In her public rooms the ship presenta an appeal to varied tastes. Forward on the promenade deck is a drawing room for restful quiet, fitted with wide armed easy chairs, and having an open hearth.
In reply to another question, wness said there was the possibility that work at the foot of the slope might have loosen- further along from the slope where the ed it with under-cutting. Witness said collapse took place he thought, when he saw it at the time of the collapse, that the cutting was being made too steep. As to the cutting which actually slipped he had no reason to think that it was cut too steep..
steep.
Yes. I thought it had been carried down Was that to the West of the slide at approximately 5 to 7 degrees off the perpendicular.
asked if the steep angle referred to had Mr. Sample (through the Coroner) not been shored up since Mr. Patterson's visit on the occasion of the collapse.
Witness: I have only visited the scene
"Mr. F. C. Jenkin
SUPREME COURT." ALLEGED, WRONGFUL POSSESSION OF LIGHTER.
LEGAL ARGUMENTS ON A LIEN.
Justice, at
Before Sir Henry Gollan, the Chief
the Supreme Court yes terday. Chan Yuk Chuen was plaintiff in an action against Kwong Fook, of the Eing Ku Slipway, for wrongful conver- sion of a lighter.
Messrs. Johnson, Stokes & Masters) was (instructed by
K.C. (instructed by Mr. C. A. S. Russ for plaintiff, and Mr. C. G. Alabaster,
was for the defendants.
DOCTORS AT DINNER. EUROPEAN MEDICAL MEN ENTERTAIN CHINESE.
GOVERNOR SENDS MESSAGE,
At the Hongkong Hotel last evening, the European medical practitioners of the Colony entertained their Chinese confrères at dinner.
A large number were present, the chair being taken by the dinner, Professor Anderson proposed Professor J. Anderson. At the close of
China and read the following message the toast to the King and the Republic of from His Excellency the Governor, Sie Cecil Clementi:
Mr. Jonkin said that it was a claim by plaintiff, owing to the wrongful conver Few things are more important fer son of a lighter which was his property. the future of Hongkong than that there the owner of the Chuen On lighter, which between the European and Chinese see Plaintif had been at all material times { should be whole-hearted co-operation he purchased in April, 1993, for $2,100. tions of the community, and in no matter Soon afterwards he hired the lighter to is such co-operation more valuable than the Po. On Lighter Co. at the rate of in questions relating to public health and $100 per month. Hiring began on April the cure and prevention of disease. But 16th. 1023. Sometime in April, 1924, in order that there may be co-operation, the Po On handed the, lighter to the de- there must first be that mutual under fendants, who were shipwrights, for the standing and appreciation of Wester purpose of repairing and strengthening and Eastern ideals and modes of dife, the boat in order that stones many he which can best be obtained by friendly
social intercourse, carried. Defendants did the work.
His Lordship: Was that with the knowledge of plaintiff 7
ed by him though he did not know at Mr. Jenkin: It would be contempint the time, that a lien against the Po Or bill for repairs was in the neighbourhood would be a lien against him,
Continuing, Mr. Jenkin said that the of $2,600. The Po On Co. paid on at- count $1,200 leaving a balance of $1,400. The Po On were then unable to continue the balance. Defendants set a lien on hiring the lighter, so they could not pay
the lighter, and started an action against the Po On for the balance of the ac count. The writ was dated June 4th, 1924, and on June 6th correspondence began between the owner, and the defendants. Plaintiff's solicitor plaintiff realized that the lien was against plaintiff, and suggested negotiations ment was reached, but the defendants for settlement of the bill. No settle clearly knew in June, 1824 that the plaintiff was the owner of the lighter. The next thing was that the defendants obtained judgment against the Po On executed on July 5th for the seizure and Co. for 81,413 and costs, the writ being
the Po On Co. sale of the property of the defendants,
THEIR OWN COIN...
The bailiffs went to the shipyard and the defendants in this case, pointed out the lighter, which they knew at the time The lighter was thereupon seized and was not the property of the Po On Co. later sold by Messrs. Hughes & Hough for $235.60, the purchasers being the Slipway Co. themselves The moner was paid into Court and paid out to the Slipway Co.; they were paid back in their own coin,
Continuing. Mr. Jenkin argued that the conversion which took place on July 9th destroyed the lien. The defence, be said was an assertion and a reiteration of the right to hold the lighter by reason of the existente of the lica. The lien of the shipwright for work done was indis- by the loss of possession, and be also putable, but, of course; it would be lost lost it by wrongful sale of the property, Subsequent recovery of possession could alene reinvest the lien, for once the lien was gone it was gone.
Mr. Jenkin then quoted cases at length, been valued by plaintiff at $3,000. Concluding; he said that the lighter had
PLAINTIFF'S EVIDENCE,
"I have, therefore, heard with cery Great pleasure that the European medical practitioners, registered in Hong. kong, have invited to dinner the Chinese medical practitioners who are similarly registered; and I cordially hope that this doctors of the Colony will annually feet series at which the European and Chinese dinner may prove to be the first of
and entertain each other."
After reading this message, the Chair" raan, in the name of the European "dec. tors, extended a welcome to the Chinese practitioners.
Dr. Lee, the President of the Ching Medical Association, replied.
A toast to the British Medical Associa tion was then proposed by Dr. Jen Haw This was followed by a toast by Dr. and suitably replied to by Dr. Strahan. Addison to the China Medical Association to which Dr. S. C. Ho replied..
MR. MURAKAMI AS HOST.
INFORMAL TIFFIN PARTY AT HONGKONG HOTEL.
at The
The Japanese Consul-General. Mr. Y. Murakami,
gave a tiffin. party the Hongkong Hotel yesterday. gathering was quite informal, and was held, not to celebrate any particular event, but simply, in Mr. Murakami's
and to make new ones." words, to strengthen old friendships
Among those present were the Colonial Secretary, Mr. E. R. Hallifax; the Colonial Treasurer, Mr. C. Mel. Messer the Director of Public Works, Mr. H. T. Creasy; the Captain Superintendent of Police, Mr. P. P. J. Wodehouse: the Secretary for Chinese Affairs, Mr. D. W. Tratman; the Director of Education, Mr. A. E. Wood; Lieut-Commander G. F. Hole, Mr. R. Ponsonby Fane, Mr. J Abe, Mr. O. T. Breakapeur, Mr. A ̈ Hicks, Mr. S. Kinoshita, Mr. B. Wylie, Mr. Y. Tsutsumi, Mr. C. M. McDonald,
T. Yamazaki. Mr. 3. Okubo, Mr. W. Jackson, and Mr.
At the conclusion of tin Mr. Mura. kami, after expressing the pleasure it gave him to entertain his guests, re- ferred to the friendship that had existed for so long between Great Britain and Japan and trusted that it might always continue.-Mr. E. R. Hallifax and Mr. Ponsonby Fane returned thanks on be- half of the visitors for the hospitality accorded them and reciprocated the good wishes of the boat. The function was a very pleasant one and thoroughly enjoy- હતું.
WEATHER REPORT.
the
The Royal Observatory issued following report at 3.10 p.m. yesterday: The anti-cyclone is nearly stationary over the Yellow Sea. A fresh monsoon may be expected along the South-east Coast of China and over the China Sea.
Local Negotin-
forecast-North-east winds, fresh, overcast, some drizzle or mist.
THE SOCIAL, CENTRE." In the centre of the ship is the lounge extending from side to side. It has wide bay windows, a big replace, a library, recesses for writing, broad sofas and
Chan Fuk Chuen, of 22, Wing On many comfortable chairs and tables for
Street, the plaintiff, said that he was games. This is the social centre of the
the registered owner of the lighter. He ship, a most livable, attractive apartment.
bought it in April, 1923, for $2,100 and A few steps beyond the lounge is the smoking room. It is a ball in size and another part of the cut where it did not the Po On Co. It was stipulated that The Coroner: When you speak of then hired it out for $100 per month to of strong individuality. The walls are collapse did you notice it that afternoon during the hiring they were to do any paneled in richly tinted cedar in oldYes. It appeared to be taken down too necessary repairs. English and a fireplace with firedogs of
They gave up the hiring in April, 1924, when the lighter fretted brass. The rich colouring of the wood paneling in this room is an admiz
ants. He (plaintiff) wrote to them re- was with the Slipway Co., the defend able background for lighting sconces of old silver that ornament the walls. Be
questing, the return of the lighter, and yond this smoking room is a well furnish.
the defendants replied that before releas ed verendab, an airy though sheltered
for repairs should be paid. ing it, the balance of the amount due room with green latticed walls.
Below the main deck are two of the
tions then took place with reference to settling the amount of the bill. Two largest apartments in the ship, the restaurant and the reception rooms of the collapse on one occasion since it half. However, no settlement was ar April 30th, Po Ou Co. took the lighter
men negotiated on his (plaintiff's) be. Next forward of the restaurant and separ occurred and that was two days ago with rived at. ated from it by a specially designed glass
He later ascertained that the
to defendants "for repairs, and a great sereen of small panes as clear as crystal Your Worship and the Jury. On that lighter had been sold. He did not have the deal of alteration had to be made. occasion there was no shoring. To make lighter back, nor did the defendants pay After $2,000 had been paid in alteration (the only one of its kind on a ship) is
it fair to Mr. Sample, however, the con him anything in the way of compen and repairs, plaintiff thought it neces another apartment which, like the restau rant, extends the full width of the shiped it was entirely different to the con- and had bought it solely for hiring it the lighter in October, 1993. Payment tour of the cut at the place when I visit- sation. He valued the lighter at 83,000,
sary to take out a licence in respect of and of generous, length. This is the re ception hall or ball room, designed for tour on the first occasion when I saw it. out.
Cross-examined by Mr. Alabaster, he the first amount being $100 on June for work done was made by the Po On.. the comfort and pleasure of those who. There was not the same overhanging or
surcharge on the second visit... like conversation, a cigarette, a concert
said that he traded in piece goods for 17th. Various applications for payment The Coroner: Then the cut at this 15 years. He knew a partner of the Po were made later, and at no time was or dancing after dinner,
Fractically all the staterooms on "Bpoint has been made safer in the inter-On firm, but he was no relation of his,
vall deck are intercommunicating.
the slightest indication given that the No less
He was the landlord of the business lighter belonged to any other than the than 32 have private baths, and 8
premises. He agreed that he did not Po On Co. On June 24th they sent an have private sitting rooms as well. Ot
get a licence for the lighter, until assistant to Po On to get something the total suites on the ship it have
several months after he had bought it. private sitting rooms. There are also
He denied that he had agreed with the Defendanta then issued a writ against on secount, and found the bailiffs there. several suites that have combination or
Po On Co, that in the case of repairs the Po On Co. Messrs. Johnson, Stokes convertible sitting rooms and bedrooms,
being needed, he would pay for them.& Masters then sent a letter pointing out The walls and ceilings of all staterooms
Neither, did they act as his agents in that the lighter had been on charter, are finished in lustrelese white enamel,
sending the lighter to be repaired. and that the charter had expired. They which, with hangings in rose and other
The Coroner said he had, no reason to Mr. Alabaster: And you wanted $100 naked for the return of the lighter, and soft colours, give a light and cheerful doubt but that it had been shored up if a month for the privilege of having the no suggestion was made, that payment effect Practically all the staterooms are Mr. Sample said so. fitted with beds of special design and
The Coroner said he would like to hightor in dock?-During the time it was would be made; it was merely that they
in dock no hiring fee was paid. construction of mahogany or other fine Mr. A. E. Wright (Engineer in charge of
wanted the lighter. woods.
the Buildings Ordinance Office) and the you let it I don't know.
It was under repairs since the day This will be the home of the 400 or Overseer called. He therefore adjourned more tourists on board for over four the enquiry until to-morrow afternoon. months while they are completely, circling | the globe under the most luxurious con ditions, and we can only hope that they may be favoured by our usual good weather during their sojourn in Hong kong so that they may enjoy to the full extent the magnificent and beautiful sights which our Colony can offer,
-4
Witness: In my opinion yes. Mr. Sample: I think the part Mr. Fetterson refers to was shored up, but was subsequently taken down in order to start cutting at the top. I ordered it to be shored up on the day of the collapse and I have been there nearly every day since.
Tam Fook, a friend of plaintiff's, who had been one of the negotiators for the settlement referred to, said that he saw WHAT THE TOURISTS WILL EAT.
Lu Wei, à partner of the defendant, and "he promised to communicate" with "the have been ordered in advance for de-received
The following list of provisions which plaintiff No communication had been livery to the ship when she arrives here, may interest
The Court bailiff gave evidence some people-seizing the vessel
Ibr calves' This closed, the plaintiff's case.
THE DEFENCE."
During her stay in Hongkong the 10,000 lbs. beef, 300
liver, 1,500 lbs. mutton, 600 ba
T
tourists will visit the numerous places of ox liver, 1,000 lbs. pork, 1,000 lbs. sau- interest. The passengers have been split sages, 1,000 lbs. veal, 800 lbs, corned, ox
Mr. Alabaster said that plaintiff had: up into four groups, who in turn will visit tongues, 800 lbs. corned shoulders, 1,200 stated that he had bought the lighter on the Peak, New Territories and Macao. Iba, bacon, 500 lbs. ham, 1,000 lbs. butter, April 9th, 1923, and he then immediately The vessel will leave Hongkong on 200 loa calves leet, 60 lbs, calves' heads, placed it in the possession of Po On Monday at 5 o'clock.
600 155, ox tails, 1,000 calves breads, 300 of which firm he knew a partner. On (Continued at foot of next Column.) i boiling fowls and other provisions..
(Continued on next Column).
QUESTION OF COUNTER CLAIM. His Lordship: The only question is whether defendants had lost their lin on the lighter,
Mr. Alabaster, thought that the lien was not lost, and submitted that, the care of Jacob and Latour cited by Ms. Jenkis did not agree with the case,
His Lordship again said that he thought the only point was whether the.. defendants had lost their lien as a result of the sale, and whether their buying of the lighter amounted to conversion.
Mr, Alabaster did not continge with counter claim. the point, and raised the" point of
the application and the case will be con-
After argument His Lordship granted-
tinued to-day."