LEUNG KWONG ENQUIRY.
RONER'S SUMMING UP.
f
Marine Court Enquiry.
THE HONGKONG TELEGRAPH.
fortunately was one of the victims of I must here warn you that the find-the disaster, and that when he, thu ing of the Marine Court of Enquiry Captain, came out of his cabin just- which you may have learnt as a mat- before the collision Mr. Martin was ter of public interest, is not admin on the bridge. The pilot has further aible as evidence in this enquiry, and doposed that Mr. Martin was naviga. if you know it you must banish its ting, the ship right up to the moment effect from your minds and judge only of the collision and that everything on the evidence before you.
he did was dono on the Chief Officer's As regards the coxswain of the orders, and although this excuse taight Moonshine, whose evidence I must not legally absolve him from respon- f the sinking of the Loung point gut remained unshaken by crosa sibility for navigating the ship in a examination and was corroborated by way he know to be wrong and dan.
}
enquiry into the deaths of ersons who lost, their lives Capauimoon Fass as a re-
WEDNESDAY, JULY 6, 1927,
CIGARETTE TAX.
REGULATIONS BY NATION.
ALIST MINISTRY.
The following is a translation of an order issued by the Nationalists rovised cigarette tax regulations, which are meeting with so much
when she collided with the seaman who was at the wheel hegorous, no jury would bo koly to con- f opposition in local Chinoso circles:
noon.
the
WA
"Cigarettes belong to the type of commodities which are known popular luxuries, of which the standard of taxation of other coun- of other merchandise. In China, the titles of the various taxes have become no numerous that it has boei considered necessary to introduce a uniform standard. The Ministry of Finance, therefore, has decided to lovy a tax for cigarettes of 30 per cent, ad valorem.
conshine on May 9 was con-admile that at the North end of the viet him if they were satisfied he was
yesterday afteroon, The Capsulmeon Pass he was well over on acting under the orders of
4 superior br gave a lengthy summing his wrong side, but as Captain and white officer. Against this thoro the end of which he an-Thomas has doposol such navigation is the unsupported evidence of the od that the jury might con- though faulty was net dangerous if Hand Guard, a witnesa whose denican-trios ir invariably higher than that over the whole enquiry and no other vessel was approaching up our was not impressive and who re- their verdict by Saturday Kwong was admittedly right at the stated that the Chief Offer was in Pass. At this moment the Loung peatedly contradicted himself, who other end of the Paas at lonst 1,500 his cabin at the material time. If G. Bennett watched the yards away, The Moonshine then you believe the evidence of the Cap- ding in the interest of the according to her version cuts oblique-tain and pilot, then you should, hold coxswain and crew of the lyncross the Channel and is well on only the deceased Chief Officer cul- rine, Mr. G. S. Hugh Jones her proper side thereof, and in fact pable. If you believe the Hend alf of the owners of the very close to the Lantao shore, before Guard, then the pilot alone was to
Kwong and Mr. Geo. K. gets within 100 yards of the blame.
Loung Kwong, and is steering to pass rutton was present to re-hat ship port to port when the latter the interests of the Master alters course in a way that will bring Leung Kwong, as well as the her right across the Moonshine's ts of the widow of Mr. A. Martin, the chief olleer Il-fated vessel, who lost with the sinking of the
V
1J
The Pilot's Version.
Moonshine.
STATE EXPRESS
CIGARETTES
555
The methods for the collection of such taxes shall bo divided into two cigarettes The other side of the picture is the clapen, namely, (a) on Leung Kwong pliot's version, which manufactured in Chinese territory bows. The coxpwain has about 10 must remind you was never tested and (b) on imported cigarettes. In seconds in which to make up his
very reference to Class A, manufacturers by cross-examination. Put mind what to do. Had he put his
shortly his story amounts to this. shall pay a tax before removing helm hard to starboard right away The Leung Kwong entered the Pass them to places other than the fac it appeara that he might have possibly about the centre of the Channel; they, and with reference to Class B, avoided the collision but he not un-
obsorved W39
coming tous, to the summing up, naturally hesitated to het contrary to
to regulations before the ptain of the Leung Kwong the ordinary rule of the roud and down hugging her wrong side, then extra tix shall be paid accord- called and he stated that he when a collision appeared inevitable Ma Wan side, of the Channel; the ter given instructions to the he did what the Turbour Master has hung Kwong turned to port to avoid cigarettes are removed from the in addition to the usual Guard to lock the grilles pointed out is almost instinctive with her and headed almost straight Customs Clodowns, this tax to be Customs Import Duties. In both go port when they put to trained coxswain "port your helm across the Pass, and that the Moon-pair
your red light." It has shine then turned to starboard des- he guard was right in and show
pite receiving and answering the cases, Chinese revenue stamps shail been represented by the solicitor for the Leung Kwong that even taking the two ships should pass star-show that the tax has been paid Leung Kwong's signal indicating he affixed to the boxes conecined to this coxswain's story was true he was bourd to starboard, and as a result in full. immediately and directly responsible for the collision in that he finally rammed the Leung Kwong almost ported instead of, at once starboard-head on near the Lantac shore. ing his helm, but even so it was held
that witness had handled
keys when he joined the Witness added that he was are that new regulations
force since 1924. closed the evidence.
The Summing Up.
:
"This taxation shall take effect
cancelled."
the Leung Kwong the loss of life would not have been so great.
This version, as the Harbour Ans- as from July 1, 1997, and will Lo R. E. Lindsell said that he by the Court of Appeal in the Bywell ter has demonstrated to you, is dith-binding on all provinces under the ught that the calling of an Castle case that where wrongful culto understand because the Loung jurisdiction of the Nationalist Cav From the Kwong Chow navigation of one vessel pats another wong pilot stated that only im-ernment, with the exception of the mediately before the collision did he provinces of Kuangting and Che- in peril and that other than makes sist in the inquiry, but mistake in navigation with a collision see the Moonshine's port light en hinking. All former taxes," such as since learned that the resulting that does not constitute convesels were both turning towards special tux, etc., are hereby declared starboard bow wherens if the two manufacturers' tax, the 2.5 por cent. Chow at the time of the tribratory negligence by the Iatter
Tantus for an appreciable time before was miles away.
voisel. This point of law can be well collision the Moonshine's port null and veid and are accordingly illustrated in this way.
A car is driven negligently along light must have shown up as soon as en addressed the huey as
a winding rond on its wrong side. At she started to turn. This statement. a blind corner i meets another car by the pilot I might here romind you being driven at an excessive sperd gece some way towards corroborating men of the JuryAt the though on its right side and there is the Moonshine coxswain's story, and of this enquiry I indicated smash, I
accounts Tor passenger in either hardly at it would be for your chief car in killed, both drivers may be Kwong being so fit out of her proper determining the pause of the guilty of man laughter. But if a course
these persons why lost their bar when being properly driven on its It is for you, Gentlemen of the the sinking of the Leung proper side meets another car coming dury, again to say whether you be o decide whether the criminal at reckless spiced round a corner on hieve the pilot's story with the slight
of any person or persons its wrong side, and an error of judg- corroboration it gets from, the evi-is clear that prior to the original anti- ar responsible for the dis-ment on the part of the driver of the dence of Captain Wilson and the piracy Regulations of 1941 thelo to justify you to recording fest ens is a contributary cause of Leung Kwong guards. If you do,
of manslaughter against the resulting smash fatality, he will then clearly the coxswain sbury's. · Laws of England 582) it is. Iuld down that
ent.
not' be guilty of manslaughter.
A Sudden Manoeuvre.
the Loung
No criminal blame enn poaibly at- tach to the person or persons res ponsible for keeping that grille lock. ad inasmuch as his or their action was not the proximate or eficient cause of the deaths in this case.
1
and
1304
lower deck grilles were fitted in ships of the of this type and that the 1911 Re- blame for the gulations were read to mean that Moonshine was to collision, and if you find that he acted They should be kept locked at sen, in such gross defiance of all the roles The 1934 Regulations no longer re on who has taken upon him- Henge even if you fad that the cox-of navigation as is allegeil, you will quired lower deck grilles to be main- duty, tonding to the preser-swain of the Moonshine might have be justitied in recording a verdict of Lained for piracy prevention,
life, Le a daty which putsaynided the collision by turning at manslaughter against him,
were passed, it appears, largely on of others in his care, (navi-ones to port, his fist minute's turn To sum up, if you believe the Moon-account of certain apposition to such ship or driving a car como to starboard will not, if in your gain-shing's story and had that it leads you grilles. Every ship inspected by her ly within this category) and on it was occasioned by the Leung to the conclusion that the Leung anti-piracy enmmittee and provided ily neglects to perform that Kong's wrongful, maineenvie " in Kwong was navigated with gross no-with a defence scheme was apparently erforms it with gross negli coming across his bows, leave him ligence (whether in net or omission) allowed to maintain such griller if s thereby anuses the death open to a verdict of manslaughter. of which no ordinarily prudent navi- desired for convenience in handling r person, in gailty of man- No explanation of this sudden and gator would be guilty, you can bring passengers, but was warned that no What amount of negli extraordianry manueuvre of the Leung in a verdict of munsinughter against such grille must be locked and that la be regarded as gross is a Kwong in turning to part has been either the Chief Omeer or pilot of it could only be closed if and when of degree for the jury de- offered, and it is of course entirely that ship whichever of them you find the eare ports were open. n the circumstances of euch denied by the Leung Kwong pilot. to have in charge of the navigation
case. The law does not If you believe the Moonshine's ey-at the material time. he utmost caution that eam dence in toto you will have to decide If, however, you believe the Leung such a manoeuvre Kwong witnesses, and find criminal and what is usual and amounted to gross and criminal negli negligence provedl against the Moon- in such case, is taleh. gence on the part of the person rea-shine eoxswain, with no gross. con- honest error of judgment ponsible for the Leung Kwong's a-tributory negligence in the navigation fleuit eirennstances on the vigation. It is of course possible that of the Teung Kwong, your verdict e who is in charge of a ve this turn was a result of the failure will be one of manslaughter against ssel, which errir results in of the steering gear or of a mistake the coxswain only. will be a good defense on a by the quartermaster in starboard- manslaughter, but reckless ing when ordered to port his holm but observe the ordinary rules on this there is not a scintilla of
It is sufficient if reasonable whether or 1742
The Locked Grilles.
It is titled that many vessels including the Loung wong were never inspected by committees provided with defence schemes or warned as above, owing as to the Harbour Master has told you, to his lack of staff and also no doubt to the boycott which put a stop to River Traille between June 1925 and Sep. tember 1926,
Passed by Surveyor.
Failing such a degree of negligence The Government Marine Surveyor or navigation will, if it evidence. Even if you find gross. nc-on either side as I have indicated responsible appears to have passed th, be a crime.
gligence proved you are here, how-your verdict will be "death by misthe Leung Kwong meanwhile as com- confronted with a difficulty adventure," but to that verdict you plying with the new regulations pro No verdict can be against the Cap may see fit to add certain riders by vided that he found the Bridge pro- fain because as I have already ex way of censure or recommendation. perly protected and the old anti-
piracy
more to render such a per- over,
of manslaughter, the negl
t have been the direct and
use of the death, and the
must have been personel,
son can be held criminally
for a death caused in his the gross negligence of
plained to you not having been
on
devices maintained.
appears to have passed her no
At
An- You will perhaps have something the heilge at the material time he to my about the fact of an apparent other Government Marine Surveyor cannot be held criminally responsible ly decrepit old man of 78. being in for the negligent navigation of an-command of a vessel with nccommoda- other. This is clearly established by tion on board for over 503 souls, a the decision of the Court of C. C. R. Captain who was not on the Bridge this case the only persons in the case of Rex. V, Allen and when his ship entered the langerous
may consider to have Clarke. kless and criminal negli- Now Captain Wilson has deposed You will no doubt have something either the Chief Officer or that when the Leung Kwong left the more to say about the grille since the Loung Kwong, and the harbour fairway, he handed over to there can be no doubt that but for the f the Moonshine."
in Chief OfBeor Mr. Martin, who un-locking of the steerage ladder grille un
s or others,
waters of Capauimson,
NEW COLOURS FOR THE IRISH GUARDS.
the King presented new colours, to the Irish Guards at Buckingham Palace recently. In
ve picture, His Majesty, with the Prince of Wales, is watching the troops march past
with the colours.,
to be licensed to carry passengers without concerning himself about the continued locking of the lower deck grilles and cargo parts. Whether the owners and/or oilleers of ships which had not yet been inspected by Committees should have been warn- ed in the same terms as those of the ships which had been so inspected in
a question on which you may desire to comment, but it had certainly been published abroad that the old re- gulations had been superseded and if the owners and/or officers of the Long Kwong and other vessels
like these locked grilles and cargo parts, why did they go on keep- ing them locked. The guards can hardly be blamed ou this point. Their formal instructions from the C.S.I. mainly
discipline. coccern For the exact nature of their duties on board the Master of the ship responsible Captain Wilson or per haps the compradore of the Leung Kwong seems to have assumed that the old regulations still held good and to have given instructions ac cordingly. The force of "ole custom" as usual prevailed.
..
Finally you may desire to comment and make recommendations concdin- ing the system under which it is pos- sible and lawful for ships like tho Leung Kwang to sail from Hongkong with sufficient life saving appliances for only about 18% of the persona who may be on board if a full com- plement of passengers is carried.
It is obvious that the conditions of the passenger traffic between Hong- kong and the Canton Delta are pecu- liar and that in most cases of collision a ship badly holed could be beached
before she sank, but the Bovine
Trado regulations for vessels in smoother waters than ours require bonts for a minimum of
ste, for
mon
which is surely not too little 201
in countless streams of
that carry the
passengers
out of Hongkong. I hope I have covered all the la- sues raised in this inquiry and ns: arranged I will now adjourn until 12 noon on Saturday for you to con- sider your finding."
GEROUS REWARE of Cheap Cigarettes TURING & the fate of thousands per minute ans quantity of Tobacco dust and sand which
fecty
manufactured by Mochinery
ure rice
OBA,TO CO. Ltd. London.
England
LONDON
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ARDATH TOBACCO CO, LTD., LONDON
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