AnnualReport-1915 — Page 104

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have been seen. The On Lee proceeded at full speed towards the Examination Launch, and when about 300 yards off, stopped her engines and reversed, altering course to starboard some 3 points to pass ahead of the Examination Launch, which was by this time backing down to deal with the Steamship Tai Shan, and the Steam- ship On Lee did collide with that ship when going at between 2 to 3 knots, hitting her amidships and doing extensive damage, and we are of opinion that, if the Steamship Tai Shan had not been pro- tected by a heavy timber fender strake she would have been then sunk, as a blow by the On Lee at that speed and end on would re- present a weight of some 2,937 foot tons on impact. It has been strongly urged by the learned counsel for the defence that the Steam- ship On Lee did not see the signal M N, and that even if he had seen it, the master was under no obligation to obey it, his first duty being to obey the Rule of the Road, treating the examination Launch as a mark only, and that in this case the Steamship On Lee had the right of way, coming up from the south-west and having the Tai Shan ahead and crossing with her starboard side open, and that the fact that the Tai Shan was being dealt with by the Examination Officer did not relieve that ship from keeping out of the way of the Steamship On Lee and obeying Article 19 of the Rule of the Road, etc. The Court is very clear on this point and would point out that the Examination Anchorages are well marked and established areas, and that all ships coming into such anchorages are under the direct orders of the Examination Officer who shall give such orders by signal or otherwise for the proper discipline and safety of such anchorage. Suitable Officers of experience are specially selected by the Naval Authorities for the discharge of such duties, and that Article 19 of the Rule of the Road did not apply in this case. As the Steamship Tai Shan was in process of being examined and was not under command, the Steamship On Lee should have been governed by Article 27, and we consider it was plainly the duty of the master of the Steamship On Lee to have reduced his speed when the signal M N was made and then to have navigated with caution, seeing that the Tai Shan was under examination. This also holds good by the ordinary practice of good seamanship and the circumstances of the case, and we consider the Steamship On Lee was navigated at a high speed in the Examina- tion Anchorage to the danger of other ships and that Articles 27, 29 and 30 of the Rule of the Road were contravened, and taking into consideration that at a previous Marine Court held at this Port on the 29th April, 1914, you, James Willox, were found guilty of dan- gerous navigation and warned to be more careful in future, we now order your certificate to be suspended for six months during which time a first. mate's certificate will be allowed, if applied for, and the cost of the investigation by this Court will be recoverable from the Sze Yap Steamship Co., Ld., under Section 19 sub-section 14 (d) Ordinance 10 of 1899.

(3.) On the 24th day of September, 1915, enquiry was made into the charge of causing damage to the British Steamship St. Albans on the part of Edward Crump, whose certificate of competency as extra master was No. 007861, master of the Steamship Uncus and Philip Hastings Going, licensed pilot of No. 4 Cameron Terrace,