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EDITH-TIN. YAT COLLISION.
FINDING OF MARINE COURT OF INQUIRY:
SHIP MASTER REPRIMANDED.
HENRY KESWICK'S 120 FATHOMS TOW.
The collision between the river steamer Tin Yat and the tug. Edith on the night of July 25, resulting in the sinking of the Tatter and the loss of three lives, was the subject of an inquiry held at the Marine Court yesterday.
The Hon. Comdr. Hole presided over the Court, the other mem- bars being Lt.-Comdr. L. G. Addington, R.N., Captain Steinger, Master of the a.s. Kwangchow, Captain J, P. Williams, master of the ss. Protesilaus, and Captain A. W. Muir, master of the 8.8. Sung On.
Mr. Geo, K. Hall Brutton represented the master of the 5.8. Ti Yat. He was instructed by the Navigators and General In- surance Company, Mr. R. A. Wadeson was for the master of the Heury Kenwick and Mr. F. J. Jenner of the tug Edith, while Mr. G. 8. Hugh Jones watched the proceedings on behalf of the master and owners of the s.s. Hirundo, the disabled, ship which was being towed by the Henry Keswick and the Edith when the collision occurred.
The Court sat until 7 p.m. to arrive at a verdict, this course being necessary because one of the members of the Court was dus to tail from Hong Kong to-day,
COXSWAIN LOSES TWO SONS.
if she was going to strike the Hirundo. It was at about this time that the master of the Hirundo
The verdict was as follows:- We find that the sa. Tin Yat Official No. 154033 of Hong Kong of which Mr. William Perritt (Certi-shouted to witness who was on the ficats of Competency na Master Na. deck of the Edith, "What the.. 001820 of Glasgow) was master left is the silly fool trying to do? the Ping On Wharf at 8.55 p.m. on July 28, 1932, on Canton,
Д
Both the Edith and the Hirundo
their sounded voyage to than
whistles,
and at that time the Tin Yat was Having straightened up sho pro- | about 400 yards away, The Kes- ceeded down the Southern Fairway wiek had three mast headlights, the on & course to pass South of No. Edith two mast headlights and the B.7 buoy. On approaching No. B. Hirundo had nothing but her reit bitoy she sighted the tug Henry and green lights. A few minutes Keswick of which Mr. Allen Mac-after the whistles were sounded, the Innes (Certifiente of Competancy as Tin Yat crashed on the Edith on master No. 3297 of Hong Kong) was the starboard bow at an angle of master fine on her starboard bow, } 45 degrees. The Tin Yat then went Henry Keswick at this time show- asters and the Edith's fore cabin ing towing lights, Tin Yat on reaching No. B.7 buoy altered
course to N.W.W. and increased speed to full speed. Proceeding on this course the Tin Yat came into collision with the tug Edith which was made fast alongside the 8.5. Hirundo, a ship being towed by the tug Ilenry Keswick.
We find that a suthciently sharp lookout was not kept by the s.s, Tin Yat.
HONG KONG DAILY PRESS. THURSDAY, AUGUST 4, 1932.
SHIPPING DISPUTE DUTIABLE TOBACCO. WARRANT OFFICER'S |
APPEAL.
SURPRISING RULING BY
ASSESSORS.
FIVE MEN CHARGED.
The enso in which five men were
charged with unlawfully jonding As a result of the advice given twenty gunny bags containing 1,400 by the naval assessors to the effects of dutiable tobacco in Main that the Kiangsu had been navi gated correctly, the Full Court Appeal, the partios to which are Nippon Yusen Kaisha, and the China Navigation Company, 'was' re-opened at the Supreme Court yesterday.
The nesessora' advics came as a surprise, for the assessor in the Lower Court had given contrary advice and the Chief Justice, Sir Joseph Kemp. had ruled that the Kiangau had been in the wrong by not stopping when she heard the Toyooka Maru's whistle.
Counsel for both parties appear-j ed before Sir Joseph Kemp, Bir Peter Grain and Mr. Justice Wood
ORDEAL.
FALL FROM WATERFALL INTO STREAM.
While hiking alone, in the hills between Fanling and Sha Tau Kok, Street, Shankiwan, was continued rear Plover Bay, on Monday after.j before Mr. W. Schofield at the Cen- | noon, Warrant officer, C.B, Wanstall tral Magistracy yesterday.
of the Supplies and Transport office Mr. E. W. Hamilton (Superinten- | slipped on a wet rock and narrowly dent of Imparts and Exports) pro-escaped drowning by falling in the| secuted, while the first defendant bed of a small river, which owing (the owner of the lorry) was re- to the recent rains, was in full | presented by Mr. F. C. E. Rendall, flood, the second defendant (the driver, of the lorry) by Mr, T..P. K. Kemble,
Mr. Wanstall said that he set out
on Monday morning to take views
and the other three defendants. of the waterfalls that are to be seen (coglies engaged for londing the to-in that district and was directed; bacco; by Mr. Leo D'Almada, jar. to the Chung Mi valley by several At the previous hearing the three Chinese, but finally found himself in Chambers on Tuesday, when they defendants, who were represented entirely lost. were informed of the assessor's by Mr. D'Almada, were charged
An English speaking Chinese man advice. They were then ordered separately and had all entered at the village of Wang Shun Kouk, to appear in open Court yesterday pleas of "Guilty." At yesterday's advised him to follow a path to the for further argument.
hearing, however, Mr. D'Almada ses, and from there take a sampan asked leave to alter the former plea to Taipo. He followed the man's to that of "Not Guilty," as his instructions, but found that the clients might have misunderstood path ended in a watercourse bed.
Ruling Accepted.
Mr. Eldon Pottor, K. C., and Mr. F. C. Jenkin, K.O., for the China Navigation Company accepted this ruling in the Court of Appeal and had not disputed the judgment of Sir Joseph Kemp on the point.
Mr. Sheldon, for the Nippon Yusen Kaisha, asked if the respon- dents, were going to reply on the assessor's finding, and in reply Mr. Potter said he was not going to dispute the advice of the assessors. As be had not argued the matter in the Court below, he did not intend to argue the facts in the Court of Appeal.
the charge.
Mr. Hamilton strongly objected to this, and remarked that the three defendants were only brought into
Court in case Mr. Kemble might want them for his defence.
Misunderstood the Charge.
Mr. D'Almada: "My clients
misunderstood might have
the charge when they were asked to The argument of the parties' was plead, as they had no legal advice entirely legal and technical in then. When I wont to interview nature. Mr. Patter contended that them in gaol they strongly denied
being guilty. the captain of the Kiangsu must be judged, not on events as they
collapsed. The tow ropes snapped and the Edith swung round on the Hirundo's Btorn and gradually mank. Eleven of the crew were pick ed up by the boat lowered by the Tin Yat, while two others were subsequently transpired, but on the picked up by the Hirundo's boats. | action which a competent officer The dead included two soun of the would take in the circumstances. coxswain.
Judgment was again reserved.
His Worship: I propose to hear the evidence first before amending the pica.
Mr. Hamilton: I am not prepar- ed to go on in this case. The case
After pushing through the under. growth, he found himself at the top of a waterfall and in his attempt to climb down to the end of the
stream, he slipped and in falling hit his head on a rock, the blow
unconscious rendering him about 13 hours.
101
When he recovered, Mr. Wanstall found that the only thing that had prevented him falling right into the stream, was the fact that his feet. were braced against a rock though water was up to his waist,
He managed to get the to a Chinese village, taking about three hours on the journey, and the villagers were, very hospitable, allowing him to sleep in the schoolroom. He was
I am concerned with at present is also provided with food and blan- with regard to the other two mankets, and water to bathe the lacera. (the owner and driver of the lorry). tions on his legs and arms, caused: by struggling through the under- growth.
His Worship: Under the circum-
Navigation Lights. Captain McInnes of the Henry the witness box. He said that he We further and that having, ab- Keswick also gave evidence in the sailed for Canton on the night in served the Henry Keswick fine on course of which he said that the question and proceeded towards the his starboard bow on approaching Keswick had proper navigation southern fairway at half speed to-stances I think we will adjourn the B.7 buoy Mr. William Perritt lights and thren mast headlights inwards No. 7 buoy. While crossing case and get on with the one against should have maintained his course n vertical line. The length of tow the buoy, he saw a great number of the two men.
The case against Mr. D'Almada's and speed.
was 130 fathoms. At the time of lights all round.
clients was then adjourned until August 10.
On Tuesday morning a guide took him over the hills to Sha Tau Kok and from there he caught a bus to Fanling, arriving back in Boug Kong at 11 a.m.
PRIVY COUNCIL APPEAL
SUNG MAN CHO WINS IMPORTANT POINT.
He nw several We therefore adjudge the aforesighting the Tin Yat, he was pro-steumers entering from Capsuimus said Mr. William Perritt to be creding at four miles an hour or Pass and also saw a few vertical severely reprimanded.
possibly less.
white lights, and a green light
Outlining the case against the "When I first sighted the Tin nearly ahead slightly on his star- other two men, Mr. Hamilton said: Yat," he said, "I saw both lights.board bow. Witness rounded the Your worship, the facts of the case Then I saw the red light shut in buoy and set his course for Capsui are these. An Indian Lance-Sorgt. and I came to the conclusion that mun light. This brought the two Kapoor Singl, while on duty in she was going to pass the stern." vertical lights and the gream light Main Street, Shaukiwan, at about broad on his port bow. He tried 4 a.m. on July 27, received certain
in consequence of the Tin Yat came too close, the at this time to see what the tow-information,
which he went to a lane where he Keswick blow its whistle as a warn-bont was towing, but could not see. ing, but these were not navigation Continuing, witness said that as found a lorry. He saw three man Nows has been received in the
to Witness also caused the he arrived at the buoy he rang "Full loading sacks of tobacco on the Colony whistles.
the effect that the Keswick's nearchlights to be turned speed ahead" making 11 knots. He lorry. Sitting inside the lorry were appeal to the Privy Council on on the Hirundo and the Edith to kept a look-out for the vessel under the two defendants, Li Chuen and behalf of Sung Mancho, the al- show the Tin Ynt where they wore. The searchlight was also used to assist in the search.
2. We find that the tug Henry Keswick was approaching the Stone cutters Quarantine Anchorage from the South-West at about 10 p.m. on July 25, 1032, having in tow the 8.8. Hirundo with the tug Edith secured alongside the Hirundo's Starboard side. The length of the tow rope being approximately 127 fathoms,
At about 10.14 p.m. the Edith was struck on the starboard side by the 8.4. Tin Yat and sank in a position mile W.N.W. of the North Fair- way Buoy with a loss of three lives.
We are of the opinion that such a length of tow was unweildy when navigated in crowded waters and should have been considerably short. ened before passing Green Island.
3. We are of the opinion that when the collision had occurred, everything possible was done by all concerned to gavo life,
Mr. Janner's Evidence.. The first witness called was Mr. F. J. Jenner, who is a liaison officer between the Chinese coxswain of the Edith and the tug-roaster. He said that on July 25 he want to Lamma Island to the disabled ship Hirundo which was then being towed by the
Witness went on to say that when
In' answer to a question by Mr. Wadeson as to whether Captain MacInnes could have done anything to prevent the accident, the latter replied that he could not. He could not stop, because if he did, the tow would not stop.
tow and also on the several in-com Lo Kam. When they saw the legoded Annamite rovoluntionist,
ing steamers and a number of other lights in the vicinity. He saw the towing vessel alter her course and pass from the port to the starboard bow ahead of the Tin Ya
dian sergeant approaching they started the engine and switched on the headlights. The sergeant then shouted out and ordered the driver to stop which he did. After that "This led me to believe," said there is nothing of particular in- witness, "that the master of the terest. I shall submit that the de- tug must have convinced himself fendants knew something unlawful that he could cross with safety to was being done whop the Indian A number of questions were put himself and his tow, I concluded sergeant was approaching, other to witness by Mr. Brutton regard the vessel he was towing was lashed wise they would not be so anxions ing the number of ships entering along his port side. Being past and to try and escape. and leaving the Harbour at that clear, I concentrated on the on-com- time. Witness said that besides the ing steamera and other lights." Tin Yat, he did not see any other ship coming out from Hong Kong,
Gollision Inevitable,
On looking to port immediately after the crossing, witness looked to port and saw green lights close a port. He at once recognised that a collision was inevitable and gave the engines a double ring astern, altered the helm hard sport and gave three blasts on his steam whistle.
After evidence had been given in support of Mr. Hamilton's opening, the case was adjourned.
WEEK'S DISEASES.
SIXTEEN DEATHS FROM
CHOLERA
Tug's Hast Lights. Captain Madder of the .s. Tai Hoary Keswick. He tied up on theshan giving evidence, said that he starboard side of the Hirundo and was sailing to Canton at about 16 after tying up, her caginos wore o'clock that night and he passed the stopped because the Edith was there Henry Keswick with a ship in tow.
Witness said that he could see the After a little time." said witness, to assist in the steering of the tow and the Keswick. The latter the Edith struck the Tim Yat on the Thirty-nine canon of cholera, of Hirundo if it became necessary." had only two vertical mast head port bow. By this time the engines
lights. Witness agreed that the of the Tin Yat had started to take which sixteen were fatal, were re- night was a clear night and that her back and the drifted clear. ported last week. the visibility was good.
Witness said that the Erith carried
There were also four cases (one Captain Pederson of the s.. no lights at all. Detailk'' of "the Hirundo also gave evidence, after lowering of the Tin Yat'e boat and fatal) of
and 53 deaths from were then given by witness.
After several other witnesses had pulmonary tuberculosis... been called, the Court adjourned Five cases of cholera, and one of and returned the finding, sa given above.
According to this witness, at about 10. p.m. the river steamer Tin Yat was sighted across the western en- trance of the Harbour going from East to West. The Tin Yat at first going to cross the Henry Keswick's Henry Kenwick with a ship in tow. bow, but later, she appeared as it This completed the witnesses on one she was going to pass through beside and Captain William Perritt tween the Henry Keswick and the of the 8.8 Tin Yat was called into Hirundo and then it appeared as (Continued on neza Column.3 -
appeared to witness as if she was which Mr Welister, mate of the the picking up of the Edith's crew diphther enteric, ono caso
Fenteric were reported on Tuesday.
against the banishment order made last year by the Governor (H.E. Sir William Peel) and uphold an a
habeas
was
corpus application, withdrawn after one day's hearing on terms mutually agreed upon by counsel.
As a result Sung's banishment or- day remains good, but he is free to proceed to any place he chooses out- side of Hong Kong..
The appeal was opened before the Privy Council on June 27, and on the following day it was announced that an agreement had been reach- ed between the parties, and upon' certain terms, the appeal was with- drawa.
In the rescinding of that part of the banishment order which in Bisted that he should be sent to Indo-China, where, it was stated in the local court, he would be walk- ing into certain death, Sung Man Cho has achieved the most impor tant part of his endeavours to se- eure froodum.
Sung is wanted by the French au- thorities in Indo-China and had be been sent. there, as contemplated, it was almost certain that be would receive a death sentence.
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