BETWEEN
(3)
C.D.M
104
$6.00 (ITL.)
26/7/28.
IN THE SUPREME COURT OF HONGKONG.
ORIGINAL JURISDICTION.
Action No. 67 of 1928.
The China Merchants Steam Navigation
Company, Owners of the S.S. "Irene " Plaintiffs
and
F.J.C. Halahan Commanding H.M.'s
Submarine L.4.
Defendant
STATEMENT
O F
DEFENCE.
1. The Defendant admits the statements in paragraph 1 of the
Statement of Claim.
2.
At all times material to the issues in this action the
Defendant held the rank of Lieutenant in the Royal Navy and was
in Command of His Majesty's Submarine L.4.
3.
The Defendant denies that the sinking of the S.S. "Irene"
was caused by gun fire from or any action of the said Submarine.
The Defendant says that the sinking of the said ship was caused
by fires started by pirates who were in control of the said ship
under the circumstances hereinafter set out.
4. On or about the 19th October, 1927, whilst on the high seas,
and on a voyage from Shanghai to Amoy, the S.S."Irene" was seized
by pirates, her ship's officers overpowered, and the ship's
course altered to Bias Bay, which had been and was at the time a
base for piratical operations. At 8.10 p.m. on the 20th October,
1927, His Majesty's Submarine L.4 was stationed about 1.3 miles
from the Northwest corner of Bate Island. A steamship was sighted
proceeding into Bias Bay and showing a faint light aft but no
navigation or other lights. The steamer subsequently proved to
be the S.S. "Irene", and, at the time, was in the hands of pirates.
The submarine took up a position aBaft the steamer's port beam,
a search light was swtiched, on, and a signal to stop instantly
was made by Aldis lamp. This order was not obeyed and a blank
round was fired by the Submarine. The steamer still continued