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HONG KONG DAILY PRESS TUESDAY, MARCH 12, 1935.
THE TOWING OF S.S. ASIA
Litigation Begins Over Salvage Costs
DEATH INQUIRIES
Jury Return Verdict Of Manslaughter
Ardwaroo
UNREGISTERED MUI-TSAI
Courts
a clerk; and Cheung Kin-yan. aged 28, a clerk at the American On a charge of keeping an un- Consulate.. The first three men After several hearings the jury registered mul-tsal, Wong Pak, a were charged with disorderly con- empanelled at the sitting of a 30-year-old laundry agent, of No. duct, and the latter with obstruct- coroner's death" "enquiry "with Mr. | 124 Laichikok Road was fined $150 | ing a police officer in the execu~ A W. GH. Grantham as the or, in default, three months' im-tion of his duty. coroner returned a verdict of prisonment by Mr. Gràntham at Inspector G. A. Stimson, who is "manslaughter" against Mr. A. Kowloon Magistracy yesterday. appearing for the prosecution, en- Ainsworth, who was involved in. Defendant pleaded that some tered an alternative charge of ship herself was valued at $250,000, the accident in February 1. at while back the girl's father had disorderly conduct against the. She was Ave days behind her about 4.30 p.m., near the junction come to him and borrowed $100, last defendant. schedule for Swatow and another of Jordan Road and Nathan Road. leaving the girl as security since Mr. H. A. de Barros Botelho, of ship had had to replace her on the in which car 4105 driven by him then she had been doing house-Messrs. Leo D'Almada and -Com-
a Chinese male hold work..
pany, appeared for Pintos, while Inspector Fraser, of the 8.C.A., Mr. P. H. Sin represented Cheung named Kia Ho Tal, who later suc- cumbed to his injuries in the stated that on March 1, a report | Chee-chung and Cheung Kin-yan. hospital.
was made at the Shamshulpo Pon ',' the furylice Station by the girl and her mother, and they were sent to the S.C.A.
Litigation was begun before His Honour the Chief Justice, Mr. A. D. A. Macgregor at the Supreme Court resterday over salvage costs claimed by the Sing Hing Steamship Company, Ltd. and the Tou San Hong Firm for towing in the ss Asia. from a point fifty inllès south-west of Gap Rock. Defendants were "the ship Asia provisionally known as Tad Maru," and were represented by Mr. F. C. Jenkin, C. Instructed by Mr. E. S. C. Brooks, of Hastings & Co. Mr. H. G. Sheldon, K.C., instructed by Mr. O. E C. Marton; of Messrs. for the Sing Deacons, appeared Hing Co., and Mr. Leo D'Almada.
instructed jor..
by Mr. Leo "D'Almada Sar., represented the
charterers.
It will be recalled that after lying up for about three years in
Amoy Harbour with ΤΟ owner, the officers of the Asia managed to get some of their pay from the sale of the ship to Japanese In- terests for breaking up purposes. Whilst being towed to the ship- breaking yards the Asia broke adrift in the China Seas and for a fortnight was a derelict and a danger to shipping."
The plaintiffs claimed compen- sation, as owners of the Shun Chin of Hong Kong, for salvage services rendered to the derelict ship (her cargo and freight) on January 13, 14 and 15 in or near Latitude 20.57 degrees North and Longitude 113.20 degrees East.
The Tou San Hong. Firm, of No. 14. Connaught Road West, £3 charterers of the Apogy of Hong Kong. claimed compensation for salvage services rendered to the Asia on January 13 and 14 at the same position.
Tulli.
Witness agreed that the Apoey was chartered for $9,500-a month and, by agreement, profits from Such salvage operations as this were to be divided between the owners and the charterers
Questioned by Mr. Jenkin, wit- ness agreed that he could have obtained a tug but "sometimes they charge enormous prices" and there would have been nobody to pay for the tug if the salvage had been unsuccessful Witness would have had to make a deposit, and he did not wish to take the risk. Witness said the insurance com pany had asked for and obtained an additional premium of $600 for going out on the salvage trip.
When the proceedings were re surned in the afternoon, Captain Lee was recalled and, in answer to Mr. Jenkin, he said that from 6 am. on the 14th until 2 am on the visibility in the vicinity of Gap Rock was good.
41
"
The Apocý Case" Opening his case, Mr. Leo D'AL made said that the point he must established was that the amount of the award in all cases was such as to make liberal compensation tu "the salvers for their services, the object being of course to encourage Nobody on Board
salvage work. It was the practice Capt. William Lee, master of the Shun, Chin, said that on Januarying the award for services render- of the Admiralty Court in calculat 13 he received instructions from
ed to allow for expenses and in Mr. Lee Koon Chun, managing
4.
also.
knocked down,
The following was Messrs. Frank Tock, (foreman), H G, Lemm and Lo Fak Him.
Mr. J. ¡M. d'Almada Remedios re- presented Mr. Ainsworth.
At yesterday's, hearing Praty S Nortina Russian Guard said that on February 1 at about 4.35 pm, he heard a commotion in the street and on looking out saw that Не an accident had happened. went down and assisted the de- ceased to the hospital.
Mr. Ainsworth's Story Mr. A. E.. Ainsworth, giving evi- dence in the witness box, said that
It was later found that four years ago the girl had been given to the defendant as security for a
loan of $90. The mother visited the girl on a few occasions at first, but later found that she had been taken either to Maco or Canton.
On February 28 this year the girl was alleged to have run away
from the defendant's house as his concubine wanted her to become a prostitute.
SEQUEL TO FOOTBALL MATCH,
Mok Shing, was fined $5. or seven days' hard labour, by Mr. Grantham at Kowloon Magistracy yesterday for trespassing in the Shamshulpo Military Camp. De- tective Sub-Inspector Poyntz stated defendant went into the football ground with several other men, and when they were chased they threw stones at the soldiers.
that
A mah jongg set stolen from No. 43, Aberdeen Street resulted in an
WBS
habit of visiting complainant's husband. He was arrested Wing Lok Street carrying the set.
•
The girl stated that on several unemployed man. Lau Plu. 38, be- on the day of the accident he occasions the defendant's concuing sent to prisen for six weeks left.Star Ferry at about 4.30 p.m.bine had spoken to her about be- by Mr. Wynne-Jones at Central
Magistracy yesterday. It for the Kowloon Hospital in car coming a prostitute, but she had No. 4105. Before he reached the refused. She added that the de- stated that defendant was in the controlled area neas the function fendant had not been present on his speed was between 30 to 35 these, occasions. m.ph. When he was inside the area he reduced his speed to something like 20 m.ph. and about 75 feet away he saw a Chinese male heading the same way as his car at
an angle of 45 degrees, about 3 feet from the centre.
the deceased ran straight at the Witness sounded his horn and
car. Witness jerked on his brakes and the car swerved and struck the standard. He did not see the deceased being struck. He got out of the car and observed, that the
,
seen
Mok Man, aged 26, a copper- There was a sequel-to the rowdy | smith, was charged before Mr. scenes at the Kowloon Football Grantham at Kowloon Magistracy Club ground on Saturday, follow- yesterday, with the larceny by şer- ing the football match between vant of two ingots of phosphor
"A", when three Chinese and a Club de Recreio, and South China bronze from the Kowloon-Canton
Portuguese were brought before
allway work shop at Hunghom.. CL Saturday. Mr. Grantham at Kowloon Magis-stated that defendant wELS
Sergeant Nolan.
tracy yesterday charged with dis- trying to dispuse of the stolen pro- orderly conduct.
perty about 2 pm on Saturday. The case was remanded until The defendant had been employ—- .. director of the Wo Fat Shing, Ltd. Certain cases, to allow for losses deceased was lying on the car and next Monday afternoon.
ed at the railway workshop for the managers of the ship, to proceed i
another car coming he Mr. D'Almada then went on to stopped it and asked Spary who Fintos, aged 32, Chief Engineer of day. The stolen
The defendants were Carlo four years and received $1,40. a to the Asia's assistance. He sall-
property Was ed the same day with a full com-quote authorities in support of his was in the car to convey the de- the steamer Sagres; Cheung Chee-valued at $18.80. Defendant was piement and sighted the Asia the case, after which he said that ceased to the hospital.. Later po- chung, aged. 23, of No. 63 Pokfulam sentenced
although no risk was run by the lice officers arrived and be told Road; Matthew Chang, aged 31, labour. following morning at eight o'clock, with the Apoey standing a-tewppey, nevertheless His Lordship them of the accident.
was entitled and should look into made a report at the Water Police deceased sustained. He perform miles away. The Asia had a list
sent any loss which they had incurred Station. of 20 degrees to port. He
by standing-by for 23 hours as in
Examined by the Chief Officer, Mr. Blackwell,
ed a post mortem examination, on February 24, and the only external this instance. In this case, the Appey was one day late in arriving at her destination and as the re suit she lost a considerable amount
on board with a party and at 1.15 p.m, began towing her towards Hong Kong, the Apocy having steamed off after lending the Shun Chin a towing rope. There was nobody on board the Asia; no
of cargo.
Capt. C. Boyce, master of the
seeing
He also
his counsel wit=_
to two month's" hard.
DONATIONS
Alice Memorial Hospitals
Lady Feel has graciously dona- ed the sum of $200 to the funds." of the Alice Memorial and Af-
ness stated that his speed when near Messis. Wallace Harper, was injury was a bruised area in the left side of the head. There was a about
30 m.p.h. and when he passed them he slackened his fracture Inside the skull of about speed. He had been
six inches just "under the the ex- driving for the past 12 months and it was the ternal bruise. The cause of death Hated. Hospitals out of proceeds was shock and haemorrhage fol- of the recent Military Tattoo..
able purposes by His Excellency, the General Officer Command- ing.
papers, no anchors and only part Apoey" was then called. In reply third time he had driven that car. lowing upon the fracture of the placed at her disposal for charit-
of the engines.
skull,
Evidence was given by Li Yau, A foki of the deceased, that he was with the unfortunate man and
to Mr. D'Almada he said that he when near Waliace Harper his During the return voyage they had been in command of steamer foot got caught on the accelerator for four years, and on January 13 instead of the brake, which was ran into thick fog and a moderate this year he left for Singapore very close to each other. He was gale, and this was made more difficult by reason of the Asia With a fairly heavy cargo. About not in a hurry to go anywhere
11 a.m. he sighted the Asia almost This closed the hearing of the a party on the night of the acci- on the track-Lat 20.57 N. and case and after Mr. Remedios had dent..
being about twice the size of the Shun Chih. There was a strong
Witness sald that the bus did Coroner, conducted an enquiry into the circumstances surrounding the
set towards Gap Rock which the Long. 113.20 E When the Asia was addressed the court, his. Worship.not sound its horn when it came only managed to clear by three sighted he sent a wireless message in his summing, up, explained the from behind. Witness did not ac-. death of the woman. He was as-
to his owner managers in Hong different verdicts to be returned
nor did Kong. the Wo Fat Shing, asking by the jury according to the evi- tually see the accident, that a tug be sent to tow her back,dence produced.
witness hear the bus coming from behind: The only thing witness knew was he heard the sound of the Impact.
Conductor's evidence Cheung Shum conductor of the
quarters of a mile. At times the ship was stationary and at others they were making only three or four knots. They arrived in har at the same time saying that it
The Jury retired for thirty min- bour about 7.30 on the morning was inadvisable for the Apoey toutes
arid returned a verdict of do so as she had a heavy, deck "manslaughter," of January 15 and the Asia was then handed over to three launches the next day during which time Remedios for ball for his cilent cargo. He stood-by until 10 am
which manoeuvred her to a buoy.
Mz Grantham then asked Mr.
sisted by a jury comprising Messrs. D, J. Keogh (foreman), A M Xavier and J. Gomes, and before the enquiry opened, Mr. Schofield remarked that the circumstances pointed very strongly, to murder.
The Urs witness called was Dr. I Shaw of the Victoria Mortuary
course of which he said that there. post-mortem examination in the
was a towel tled round the neck
The tonnage and length of the/he steamed his ship very closely to and Mr. Remedios said that he bus, stated in evidence that the who gave evidence, regarding the
-Chun Chih-and the Ala-were-res- the Asia to see if there was any would _sign_recognisances for Mr. accident occured on February.. 23 life on board. There was no one Ainsworth's ball which was acceptat about 8.10 p.m. The bus was pectively 1,173 and 2,240tons, and 265 and 398 feet. Neither on board the starboard ladder was ed by the court.
running the No. 12 route and was witness nor his men had any down. After dusk he took steps to
on its way from Lai Chi Kok to sleep on the trip, as it was very protect other traffic, his object be-
ANOTHER MOTOR Jordan Road Ferry, when nearing of the woman. He attributed the rough, and after all hands hading to intercept any ships that
FATALITY
the bend in Shanghal Street wit- cause of death to shock and been engaged in fixing the towing might be coming up. This was for
ness saw a man 5 or 6 feet away hemorrhage following external and machinery, they had to stand by the safety of the Asta and any The death of Li Lee Yeung, 2
In front of the bus. There was
internal injuries, and asphyxia.
After Mak Kwan, a sanitary to slip the tow rope if it became ship that might come along. Dur- necessary to do so. The ship had ng the 23 hours his vessel stood 42-year-old Chinese male, who nobody on the road at the time
died as
a result of Injuries and no pasengers in the bus but coolie had given evidence of iden
tification, Mak Cho another only just returned from a foggy by the Axis drifted some two to sustained when he was knocked many people were on the Dave Sanitary coolle said that on the journey from
Swatow, during three miles. When the Shun Chih down by Motor Bus No. 599 on ment. The place was dark at the night in question, he returned to which they had little rest, when came, he passed the tow rope to
February 23 at about 8.10 p.m. they were ordered to pick up the her, and the Apocy proceeded to formed, the subject of yet another from the left to the right from his quarters after work and at Singapore where she arrived one coroner's death enquiry at the the pavement and possibly whed about 8 o'clock, the deceased's husband, previous witness, and The salvage trip was 200 miles day later. His ship was due at Kowloon Magistracy before M ran into the road. Witness heard another, went out together for and was rendered Singapore on the 18th but 1 QA A. MacFadyen, assisted by and saw the sounding of the horn they changed their minds and officers had been told that they was originally scheduled to leave Dr. G. V. A. Griffith gave evi. The bus braked immediately and went to smoke oplum instead. hazardous by the weather. The not arrive till the 19th. The ship jury. would be probably entitled to for Singapore about mid-night on dence as to the injuries which the the offside mudguard struck the They stayed in the divan for
derelict.
in extent
caused by the Asla she did not
leave until 6 pm on the 21st. On vessel was $9,598 a month, and the the return voyage the ship had coal consumption was $250 a day only 23 packages of cargo and no The vessel carried 445 passengers passengers. In his experience he from Hong Kong to Bingapore and had never had such light cargo for the food mupply for a day was Hong Kong or anywhere in China $78.60.
time and the deceased walked
he heard the sounding of the hom
deceased.
Sergt. T. Macinnis testified as to the condition of the bus which he said, was in every way in good working order. The brakes were efficient.
something personally for their the 19th but owing to the delay work, but they had preferred to leave the matter in the hands of Mr. Lee Koon Chun rather than become parties to the action
In reply to Mr. D'Almada, wie ness said the Apcey was owned by
After the driver Chung On had the Wo Fat Shing. The Asia's
by made his statement, the jury with starboard ladder, was down when
Lam Kwan, chier manager of the Cross-examined by Mr. Jenkin, out retiring returned a verdict of they got there, but it was broken. Tou Sang Hong firm, charterers of witness said that the reason why accidental dagth attaching no
Cross-examined by Mr. Jenkin, the Apocy, said that he was ac- the Apoey carried only 23 packages blame to the driver. witress agreed there were tugs quainted with the manifests of of cargo and no passengers on her available for such salvage opera June, July and August last year return trip from Singapore to tions.
when the 'Apoey was on the Hong Hong Kong was that the vessel Witness was later recalled to Kong Singapore run. The manifest arrived a day late testify that a steel towing rope of June showed 168 passengers at was bought for $477 for the Straits $10 each and 18,000 pack-pradore salvage of the Agla
ages of cargo, the fright of which
The next witness, Mr. Lee Koon | Was $1,99980. In July, there were Chaá,, said he received a wireless - 434 passengers and 60,000 packages from the Apoey that she had sight, of cargo the t
total
ed the Asia and that a tug would amounted to $2,106.15 (be desirable to bring her in. Wir the total was $1,6003 a
ness wirelessed the Apoey to stand On the trip when t
by and despatched the Shim Chib, the As the vessel carried The Bhun Chih had-on board al packages from "BingaDOI carto valued at $20,000 whilst the passeng
ugust
charter hire for
Ko Bau Kan the No. 2 com
8 Apoey gave imilar evidence as the previous and added that when the rived at Bingapore, the ss., was leaving for Hong earried all the passen Cargoes intended for hi
MARKET TRAGEDY.
RECALLED
Inquiry Into Wolnan s Death
3. After they left the house,
sometime and then the woman's husband and Mak Kwan left, leaving witness and the other man,
behind.
"My Wife Murdered”) Continuing, witness said that he
went home at about 9 pm and went straight to bed. About 10 p.m. he was awakened by the de- ceased's husband who told him that his wife had been murder ed." Witress reaid that the Erpeared very calm and went to see their foreman who "d- vised them to report the maffer to the police which they nexs said that he had woman and her "years and”
ould perha
between