1931-02-11 — Page 4

THE CHINA MAIL.

WEDNESDAY, FEBRUARY 11, 1931.

YKLIN

N.

REDUCED THROUGH TICKETS TO EUROPE VIA U.S.A. VARYING

FROM £93 TO £120 ON SALE

SAN FRANCISCO via Shanghat, Japan Ports & Honolulu.

TAIYO MARU

SEATTLE, VICTORIA via Shanghai & Japan Poris.

CHICHIBU MARU

Thursday, 10th February. Wednesday, 4th March,

HEAN MARU

Tuesday,

HIYE MARU

Thursday,

24th February. 20th March.

LONDON, MARSEILLES, ANTWERP, ROTTERDAM via

Singapore, Penang, Colombo, Suez.

YASUKUNI MARU-

Saturday,

HAKONE MARU

Saturday,

21st February.

7th March.

KITANO MARU

19th February.

ATSUTA MARU

26th March,

† TOKIWA MARU

KAGA MARU

SYDNEY & MELBOURNE via Manila & Ports.

Thursday,

Thursday,

BOMBAY via Singapore, Penang, & Colombo.

Friday, Wednesday,

27th February.

11th March

SOUTH AMERICA (West Coast) via Japan, Honolulu, Los Angeles,

Mexico & Panama,

HEIYO MARU

5th March.

SOUTH AMERICA (East Coast) via Singapore, Cape Town & Porta,

NEW YORK, BOSTON vin Panama.

KAWACHI MARU

+ TAKETOYO MABU

† DELAGOA MARU

25th February.

1st March.

15th February.

14th March

LIVERPOOL via Fort Said, Stamboul (Constantinople), Genoa.

+ LYONS MARU (calls Saigon)'

.....Thursday.

Wednesday,

Sunday,

Sunday, Saturday,

BENGAL MARU

Sunday.

+ CALCUTTA MARU

Sunday,

SHANGHAL KOBE & YOKOHAMA.

+ TSURUGA MARU

Friday,

† LIMA MARE

Thurssiny

13th February. 19th February

Saturday,

19th February. 21st February.

CALCUTTA via Singapore, Penang & Rangoon.

ATSUTA MARI (Nagasaki directs. Thursday, PUSHIMI MARU

+ Cater only

15th February. 1st March.

For further information apply to:- NIPPON YUSEN KAISHA

Telephone 30291. Private exchange to all departments.)

O. S 0.

K.

SAILINGS FROM HONG KONG SUBJECT TO ALTERATION.

LONDON, HAMBURG, ROT-| Amazon Maru

KARACHI & BOMBAY via Honolulu Maru

Tues.,

10th Mar.

6th Mar.

10th Feb, 14th Feb.

3rd Mar.

TERDAM

& ANTWERP

vin Singapore, Colombo.

Suez & Port Said.

RIO DE JANEIRO, SANTOS) Hawaii Maru

Fri.,

& BUENOS AIRES

via

Saigon. Singapore, Calom-

bo, Durban & Capetown.

Singapore & Colombo ....

Shanghai Maru

DURBAN, LOURENCO Panama Maru

Thurs., Si..

Taca..

MARQUES, BEIRA, DAR-

ES-SALAAM, ZANZIBAR

& MOMBASA via Singa

pore & Colombo.

MELBOURNE vin Manila

Sydney Maru

Brisbane Sydney.

CALCUTTA vin Singapore & Celebes Maru

Fri.,

Wed.,

8th Mar.

18th Feb.

Rangoon.

VICTORIA, SEATTLE, Arabia Maru (from

TACOMA & VANCOUVER Shanghai)

Sat.,

21st Feb.

via Japan Ports.

NEW YORK vin Japan perts, Hokuroku Maru

Thur..

19th Mar,

Los Angeles & Panama.

Call Direct at Boston.

Philadelphia & Baltimore,

JAPAN PORTS (Freight Ser- Kine Maru

Fri.,

vico).

Thurs..

13th Feb.

19th Feb.

KEELLING

Every

Sunday

HAIPHONG via Hothow & Menado Maru

Pakhoi (Fortnightly),

via Swatow &

TAKAO via Swatew & Amoy Deli Maru

(Fortnightly)

For furth tienlors please apply to:~~

OSAKA SHOSEN KAISHA.

felentear 2»4**

PASSENGER LIST.

DEPARTURES.

Per 8.4. President McKinley on February 10

Mrs. W. K. Berner, T. Jahie, Mr.

Matsumoto,

Tha..

19th Feb.

Guns Mana4138 |

BRANDT & co.

St. Georgs' Nollilog, Chater Road.

Eakhilog sad Bepalen of Blouse and Stokowskipa në qyary type.

Taleplume 1 WYTA.

Night #7100,

Telegrama "Batemante."

SOUTH CHINA MOTOR-SHIPBUILDING

&

REPAIRING WORKS, LTD.

To Xws War-KOWLOON BAY, 1aleph: 67061 Day and Night Wet Managers W. 3. LETT.

Tolemma: "MOTTARD."

FOREIGN RIGHTS IN CHINESE WATERS.

Central Govt. Requests Cancellation.

NEGOTIATIONS WITH JAPAN.

CROSSING VESSELS.

P

KITANO MARU COLLISION FINDING REVERSED,

The following report gives the reasons for the

decision of the House of Lords reversing the find- ing of the Court of Appeal, which altered the original decision in the case arising from the collision in the North Sea in August 1928 be- tween the N.Y.K. steamer, Kitano Maru, and the Orient liner, Otranto.

Nanking, Yesterday, The various public organs have submitted repeated applications to the Central Government requesting the cancellation of Foreign Navi- gation Rights in Chinese Inland waters. Acting under instructions, the Ministry of Foreign Affairs has

The appeal, which was by the taken steps to negotiate according owners of the Kitano Maru, ugainst ly with the Charge d'Affaires of a majority finding that the Kitano Japan.

Maru alone was to blame for the With

regard to the proposed collision, raised questions of im American investment for the deve-portance on the construction of the lopment of the Chinese inland navi Regulations for Preventing Colli gation, the Shanghai merchants alors at Sea, 1910, in the case of are in doubt whether or not such crossing vessels. measure would come in conflict with the cancellation of Foreign Navigation Rights in Chinese in- land waters; 60 they intend to bring this question to the Chamber of Commerce with the view to ask the Central Government to investi xate Into the matter-Canton News Agency.

FERRY DISASTER.

ALL PASSENGERS BUT ELEVEN SAVED.

LANDED ON THE COAST.

Tokyo. Yesterday. The latest reports state that all kut 11 pussengere from the ferry boat Kikusu Maru were saved. Apparently most of them were picked up by small boata, which landed them on various parts of the const-Reuter.

Earlier News,

"where two steam vessels are cross

By art. 19 of the regulations

ing so as to involve risk of collision the vessel which has the other on her own starboard side shall keep out of the way of the other," which (under art. 21) "shall keep her course and speed;" but by the note to art. 21, when in consequence of thick weather or other causes, such vessel finds herself so close that collision cannot be avoided by the action of the giving way vessel alone, she (the stand-on vessel) also shail

take auch action as will best aid to avert collision.

Installation and Hepairs f Diesel Engines and Motorg for Marine and Stelionary aspedaliy

of the Otranto was entitled to act, but that he was to blame for star- boarding and for failing to follow the golden rule of taking off way. In the result he held

that both vessels were to blame in equal de- grees..

The Court of majority (Lord

Appeal by a Justice Lawrence and Lord Justice Scrutton dissenting), had Justice Greer, Lord

held that the master of the Otranto was not to blame for starboarding Kitano Maru was alone to blame. and keeping his speed and that the

Judgment,

Lord Buckmaster, In giving judg ment, said that it had not been con- not to blame. tended that the Kitano Maru was the case on which there had been The real issue of

great divergence of judlelal and Otranto was negligent in what she nautical opinion was whether the did. against her could be summed up The negligence alleged

under four henda

alter her course or her speed at the (1) That she, had no right to moment she did. step taken by her could be justi

(2) That if any fed, it would have been that of reversing her engines. if she altered her helm, she should (3) That

have altered it to port and steered her course to starboard. (4) That even if the engines had not been stopped before, they should have been stopped at once when realized that the Kitano Maru was moving to starboard.

she

CANADIAN PACIFIC

QUICKEST TIME ACROSS THE PACIFIC

Kobu

Vekebana

Insta

cout

Antre

May 25

13 DAYS FROM CHINA AND 8 DAYS FROM JAPAN TO CANADA AND USA. Shanghai Đang trong

Leave Empress of Asia". Feb. 19 Feb. 21 Fab. N Feb. 26 Mar. 1 Empress of Canada Mar. 5 Mor. S Mar. 10 Mar. 12 Mar, 21 Empress of Russia Mar. 18 Mar. 21 Mar. 24 Mar. 20 Apr. 4 Empress of Japan Apr. 1 Apr. 4 Apr. 7 Apt. 9 Apr. 17 Empress of Asia”

Apr. 10 Apr. 13 Apr. 10 Apr. 18 Apr. 27 Empress of Canadat Apr. 25 Apr. 28 Apr. 30 May 2 May 14 Empress of Russia May 8 May 11 May 14 May 16 Empress of Japan May 23 May 26 May 28 May 30 June 10 Empress of Asia' June 5 June 8 June 11 June 13 June 22 Empress of Canada June 20 June 23 June 25 June 27 July 8 Empress of Russia July 3 July 6 July July 11 Empress of Japan July 18 July 21 July 23 July 25 Aug. 5 Empress of Asia". July 31 Aug. 3 Aug. G Aug. 8 Aug. 17 Empress of Canada Aug. 15 Aug. 18 Aug. 20 Aug. 22 Aug. 30 Empress of Itussla Aug. 28 Aug. 31 Sept. 3 Sept. 6 Sept. 14

(Call at Nagasaki the day after departure from Shanghai). Calls at Hanolu. on Juna b. Calls at Honolulu on May 8

HONG KONG

MANILA SERVICE.

Leave Arrive Hong Kong Manila

Feb. 25 Mar. 23

Emp. of Rusala Feb. 23 Emp. of Japan Mar. 21 Telephones: Passenger. 20153 Freight 20012

July 20

WORLD'S GREATEST TRAVEL SYSTEM

BRITISH WUCHOW LINE

SAILING DATES FOR FEBRUARY, 1991 (Subject to change). DEPARTURE HOURS: Hong Kong 5.30 p.m. Wechow 2 p.m.

S.S. TAI HING" [1,068 tong-Capt. Trott.] FEBRUARY.

16th THURS. 26th 21st

S.S. "TAI MING" [649 tons Capt. W. II. Lawton.] FEBRUARY. FRI. 13th TUES, WED. 18th

21th

MON. SAT.

Regular Service of Fast, High Class River Steamers Having Good Accommodation for First Class Passengora, Electric Light and Fens

in Staterooms and Saloon. The ss. "Tal lag" is ülted with Wireleas These vessels leavo Hong Kong for Wuchow (via Samshui, Shlu- hing, Takhing & Dosing) and return to Hong Kong (via same Ports) every five or six days.

Fares for round trip (not including meals) $20. Meals & Wines are to be obtained on board.

Hong Kong Arrivals and Departures from Tai Hing Wharf. For informatior apply to 29. Connaught Road, West, Phone 20893.

SANG WO Co

The only one of those points that was of general application was that; By art, 27. in obeying and relating to the moment when the construing these rules, due Otranto altered her course. Much regard shall be had to all had been said about that rule in dangers of navigation and collision

many cases. It was beyond all and to any special circumstances doubt of the

utmost consequence which may render a departure from that it should be obeyed. The ship the above rules necessary in order that was bound to keep her course to avoid Immediate danger.

was not entitled to alter it at a The action arose out of a collision moment when there was ample time) which occurred about D p.m. on for the ship that was bound to give Tokyo, Yesterday.

August 11, 1928, in the North Sea, way to discharge her duty; for that Twenty-four passengers on the between the appellants' steamship ship was entitled to rely on obedi Kikusu Maru, the ferry-boat which Kitano Maru, a Japanese cargo

ence to the rule by the ship that Bank in the collision with the s.5. steamer and the respondente' steam had to keep her course. But, ac- Porthoe, yesterday, have been ship Otranto, which was on a knowledging to the full the vital picked up, bringing the total num-cruise from Immingham to Copen consequence of strict obedience, ed to draw his vessel into line with, ber of survivors up to 49.

hagen and other Northern capitala there still remained the fact that the Kitano Maru and not opposed Fifty persons are still reported with 666 passengers on board.

those rules were made for the to it. He (his Lordship) realized missing and it is feared that they

The vessels, when they first came guidance of mariners and not of that his feeling was not to expose have been drowned, though rescue in sight of one another, were on mathematicians, and that it was not his unprotected flank to the beak! boats are at battling with the crossing courses in such circum-right, by an elaborate process of of the Japanese ship, but in doing high and raging snowstorm scareh-stances that under the regulations it calculation after the event, to de: what he did he courted disaster, ing for possible survivors.

was the duty of the Kitano Maru to cide that the ship that was bound to while the other manoeuvre would According to published detalls keep out of the way of the Otranto keep her course acted a little before have taken him into safety. concerning the disaster most of and the duty of the Otranto to keep the moment that in fact she need thought, too, that 80 seconds after the passengers aboard were holl- her course and speed until such have done.

he began to move, even if his en- day makers returning to their time as the failure of the Kitine

When two ships were travelling gines had not been reversed before, homes on Shodo Island, in the In- Maru rondered action on the part at 16 and 13 knots, the moment they should have been reversed even land Sea, to celebrate the old style of the Otranto necessary to avold when safety had passed and peril then, though he doubted if, when Immediate danger of collision. had arrived could not be deter once the intitial mistake had been The Kitano Maru in breach of mined to a hair's breath. The committed and the boat was swing- her duty did not keep out of the rule Was designed to way of the Otranto, but kept in the that the standing-on vessel should collision could have been avoided. secure ing under a starboard helm, the way of the Otranto, thereby creat maintain her course until the last and had he changed to port helm, Ing a position of great difficulty and safe moment. What that safe which he momentarily tried to do. danger for the Otranto, on which moment was must depend primarily he might have received the blow vessel a vigilant and alert lookout on the judgment of a competent amidshipe." was being kept. At a late stage sailor, forming his opinion with He had examined, but he had not and when the master of the Otranto, knowledge of the necessity of obedi been able to find much assistance who was a competent and experience to the rule and in face of all from, the authorities.

It seemed enced navigator, judged that the the existing facts. Subsequent Impossible to lay down a general time had come when it was neces-examination might show that rule that in all cases of crossing sary for him to take action to avoid his judgment could not properly ships a starboard helm for the stand- immediate danger, the helm of the have been formed, in which case the on ship must necessarily be a Otranto was by his ordera star rule had been baking that action was communicat- was not to be settled merely by in no case quoted had a post help broken without negligent act. It probably often boarded, and the fact that he was excuse, but the ultimata decision was ao, and it was remarkable that

New Year.

Diggs, Edward Furrer, Lt and Mrs. T. J. Flynn, Mr. and Mrs. E. J.

The disaster was apparently due to a combination of circumstances Garrigues, Mstr. Peter Gurrigues, blinding blizzard, a thick mist Mr. and Mrs. E. R. Hilton, Lt, and and a strong current. Mrs. E. W. Kiefer, Missce B. and (Continued at font of neat Column) Both ships Mary E. Kiefer, Herman Meyer, Lt. Joseph B Maher, Mrs.

O. S.

and Mrs. John R. Laurence, Mrs. Maraton, Lt. Comdr. and Mrs. H. Grumme, Misa E. Malmtack, K. L. N. V. Rottler. Matr. Nicholas Rot- McCleary, Miss T. L. McCleery, Lt. Hore, J. M. Hind, Mrs. L. M. Cos. tier, Lt. B, N. Wev, Mrs. S. and Mrs. K. S. Reed, Matr. Robert grave, Matr. Tony Cosgrave, H. Courtney Whitney, L. Read, Miss Martha Reed, Mr. Ellis, Miss H. Morley, E. R. Maha- Genji Miura, Salvador Del Mundo, Frances C. Sherpered, Lt. and Mrs. Jan, G.

C. Fox, E. Butgers, Mr. and Mrs Paul L. Mears, Miss C. Allen and son, Capt Geo B. and Misses Agues Tierney, Caroline Barbara Mears, Mrs. Effles 5. Mrs. Adama, Misses Ruth & Phyllis Hazard. Mollie Hollow, Dorothy C. Cleland, Miss M. L. Cochran, Mr. Adama, Pierre Chanard, Li and Booth and Ruth Huntington, Mrs. Alfred Dowaliby Mias

M. S. Pollock G. Woodward, P. Eveline Mrs. Ralph Earle, Jr., Mrs. W. Buzard, E. D. Jensen, J. M. Hansen.

SHIPBUILDERS, SHIP REPAIRERS,

BOILER MAKERS,

DRY DOCK

Length 787 Feet Length on Blocks 750 Feet. Depth on Centre of

He

ed to the Kitano Maru by the exact calculations made after the been held negligent in similar cir appropriate signal of two short event, but by considering those cumstances and in only one case, blasts. The Kitano Maru, notwith- facts as they presented themselves the Rayford (20 Lloyd's List. 748), i standing that those on board of her to a skilled man at the time. had starboarding been excused. · knew and appreciated that the After referring to a number of Otranto was starboarding, bard-a- | authorities, his Lordship said he maintaining speed, it was, as their In the present case, coupled with ported their helm, with the result was not prepared to hold that the assessors advised, a negligent that the vessels came into violent captain of the Otranto broke any manoeuvre for which the Otranto collision ut about right angles, the rule, when he decided to act The must auffer the consequences, and port bow of the Kitano Maru which lives of 560 passengers were in his from the consequences he could not was about 8 points off her course care, and with such responsibility hold her absolved by the subsequent under port helm striking the stem calculations could not be expected action of the Kitane Maru. On the of the Otranto, which was also to be as minute and accurate as question of altering the share of about 8 points off her. original when dietances, speed, and times responsibility each had to take, that

were afterwards plotted nut in Mr. Justice! Hill held that the Law Court on

was primarily a matter for the a sheet of paper. Judge at the trial, and nalesa there Kitane Marn was to blame for giv All the six experienced men who was some error in law or fact in his ing way too late, for hard-a-porting, had advised the Courts on that judgment it ought not to be dia and for not going astern as soon as point were in agreement with that turbed....! the Otranto sounded the two short conclusion. blasts and was seen to be swinging to port He also held that the time had arrived When the master

course.

FORGE MASTERS, OXY-ACETYLENE, AND ELECTRIC WELDERS,

MECHANICAL, AND A

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THE TAIKOO DOCKYARD & ENGINEERING COMPANY

Tel. Address

Telephone No. 80211/

OF HONG KONG, LIMITED.

SALVAGE TUG “TAIKOO”

Wireless Call

V.P.G.N. 600 Meters.

Call Flag 14 C” over “ANS. PENNANT.”

AIKOODOCK,” HONG KONG,

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to 3,000 Tons Displacement Electric Crane at Sen Wall, Capable of Lifting 100 Tons at 70 Feet Radius

BUTTERFIELD & SWIRE,

AGENTS! HONG KONG CHINA & JAPAN

Ltd.,

ARRIVALS OF SHIPS.

Nanning. British str., 1,486 tons,

Sunday, Feb. 8.

Capt. C. Carrington, from Wuhu, Stonecuttera Anchor- age.-B. & S.

Monday, Feb. 9. * Gustav Diederichsen, Danish str., 1,368 tons, Capt. J. Jacobson, from Heihow, buoy No. B18.- Jebsen & Co.

Tuesday, Feb. 10. Anshun, British str., 1,869 tons, Capt. J. A. McCullock, from Singapore, buoy No. A10--- B. & S.

Chung Hwal, Chinese str., 3,871 tone, Capt. G. Nakano, from Canton. buoy No. 18.-Shun Tại Hong. Cracovia, Italian str., 4,566 tons,

Capt. Guarantollo, from Singa pore, Kowloon Wharf.-Dod- well & Co.

Genoa Maru, Japanese str., 4,894 tone, Capt. M. Mishima, from Singapore, Kowloon Wharf- N.Y.K.

Huichow, British str., 1,222 tons, Capt. D. D. Richards, from Tientsin, buoy No. 39.- B. & S.

lyo Maru, Japanese str., 5,963 tons, Capt. K. Ueno, from Japan via Shanghai. Kowloon Whart.-N.Y.K.

ahaho Maru, Japanese str., 1,105 tens, Capt. K. Nakahara, from Canton, Yaumati Anchorage. -Y.K.K.

Kiungehow, British str..

1,545 tons, Capt. W. J. Larter, from Hollow, busy No. 314. B. & S. Kwalanng, British str., 1,435 tons, Capt. M. Costello, from Swa tow, buoy No. B1. M. &

Sinkiang, British str., 1,616 tons, Capt. C. H. Jones, from Can- ton,, buoy No B20--B. & S. Walshing, British str., 1.170 tons, Cupt. A. B. O. Smund, froni Swatow. West Point Wharf.z- J. M. & Co.

Co.

Ought to Have Reversed Engines the judgment of Mr. Justice Hill He was therefore of opinion that But although the captain was entitled to act, he (his: Lordship) was right.in all respects and should was unable to find that his action

be restored. was in accordance with the re

The other noble and learned were travelling in the same direcquirements of good seamanship. Lorde (Lord Dunedin,

Lord tion. The Porthos signalled the First, and before all things, he Blanesborough, Lord Warrington of Kikusu Maru bat, owing to the ought to have stopped and reversed Clyffe, and Lord Thankerton) con- blinding snowstorm, the signal his engines. On that point the urred. was either misread or unnoticed nautical assessore by whom their and the strong current carried her lordships had been advised were in across the bows of the Porthos, agreement. That, by itself, might which practically cut her in two, have saved an accident. But, in Consignees of Cargo exs.s. Shanghal for this port on Febru- causing her to sink before there addition to that, whatever action Cracovia are reminded to take de-ary 10 Mt 5,80 pm, and is due was time to launch the boats, he took ought to have been under livery, of their goods which will be here on February 13 at about 6 Reuter.

port helm, which would have, tend-Aubject to rent after February 16,

CONSIGNEES NOTICE

STEAMER MOVEMENTS.

The P 0.8.s. Kashkar foft

"