1939-08-16 — Page 6

THE CHINA MAIL, AUGUST 16, 1939.

SEQUEL TO M.T.B. COLLISION

ALHAMBRA NAVY CLAIM AGAINST

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FRIDAY AUG. 18TH, 1939.

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"CAMILLE

HARBOUR DEPT.

A CLAIM FOR $20,000 against Lai Pui, coxswain of Harbour Department Launch No. 10, by the Commissioners for Executing the office of the Lord High Admiral of the United Kingdom, as the result of a collision between the launch and His Majesty's Motor Torpedo Boat No. 8 in the harbour on November 25, was commenced before the Chief Justice, Sir Atholl MacGregor, at the Supreme Court this morning.

to 12 knots, it was evident that the launch would have gone astern of the motor boat.

The plaintiffs were represented by ing 8 knots and the torpedo boat from Mr. H. G. Sheldon, K.C., instructed by Mr. E. S. C. Brooks,, of Hastings and Co., while defendant was defend- ed by Mr. J. Whyatt, Crown Counsel, aided by Commodore C. H. Hole.

Mr. Sheldon said that at about 5.15 p.m. on November 25, visibility in the harbour was good; there was a north- There' was east wind of force five. slack water, with possibily a slight tide of half a knot.

NO BLAST HEARD

Evidence would show that there was no turning and that no blast was heard.

Lieut. Boddy had the right of way. Concluding, Mr. Sheldon said that there were no pleadings, but, in there place, allegations of faulty seaman- ship.

At that time, the Motor Torpedo A point might be raised by the de- Boat No. 8, left the camber at Kow-fence that the M.T.B. was going at a speed that was excessive in the har- loon and set on a westerly course bour but he was willing to argue that across the harbour running parallel point in law, assuming that the motor to No. 5 pier at a speed of 12 knots. boat had technically broken a har- Approaching the end of No. 5 pler,bour regulation limiting speed to 10 the officer saw a vessel, Harbour De- or 12 miles. partment Launch No. 10, from 2 to 21⁄2 cables away.

The course of the launch was ap- proximately north and was the give- way ship.

REDUCED SPEED

TIME FOR ACTION

50

Lieut Boddy said he came from the camber at 12 knots. He saw a launch at right angles to his. On sighting her, he did nothing, maintaining his speed and course about a minute lat- The Torpedo Boat observed, how-er; the launch appeared to do nothing ever, that the launch was continuing Witness ordered his coxswain to sound on its course and intercepting that of his horn but it was out of order. He He the M.T.B. As the vessels got closer, shouted and waved his hands. the coxswain of the M.T.B. was order- was certain his shouts could not be ed to sound his horn, but that was heard owing to the noise of the en- out of order. Lieut. Boddy, there-gines and he did not know whether upon shouted and waved his hands to his actions were noticed. He then re-

He did the launch. It was not certain of this duced speed to 9 knots. noticed or heard by the launch.

because he considered that, although he had right of way, the time had come when he had to take action for if both continued the same course they would come head on.

The launch was about 150 away when he reduced speed. could not reduce more as that was the miminum speed he could go with- out cutting off the engines. He ex- pected the launch to go hard to port. A few seconds before the collision, After a short time he decided that Lieut. Harris, who was on another further action was necessary and turn- M.T.B. behind No. 8 saw the launched hard to starboard about 50 feet alter to port and then swing back to starboard.

Continuing on a westerly course, Lieut. Boddy observed that the launch did not reduce speed or alter course, so he reduced his speed to 9 knots. The distance between the two vessels was now about 150 feet. In order to avoid a collision Lt. Boddy put the motor boat hard to starboard but, until they were about 150 feet apart, the launch did nothing.

.

Lieut. Boddy did not observe this, but whatever happened, in trying to avoid a collision a few seconds before the launch turned to starboard, he had-only one thing to do to avoid or minimise a collision and he decided to act right away.

The launchi

HIT STERN

hit the stern of the motor boat and the engine room.

If the facts were as stated, said Mr. Sheldon, it was evident that the launch did nothing until the collision was inevitable.

away from the launch.

feet He

The launch altered course with the result that collision was inevitable and did occur. After the motor boat reel- ed from the impact, he had no doubt that the launch was still moving.

Cross-examined by Mr. Whyatt he was asked if the motor boats. were the fastest vessels here. Witness he- sitatingly gave his answer at which the chief Justice said: "If there is

anything you feel should not be made public, say so.”

SPEED OF CRAFT

Witness said that he should not tell

Mr. Sheldon then referred to the the speed of his motor boat but ad- To him 12. statements of four of the crew of the mitted it was over 30. launch in the affidavit of the defence. knots was the miminum normal speed There were arguments as to whe-of his boat as a lower speed would ther they could be used by plaintif be detrimental to the engines.“: He and His Lordship reserved. his decl-was not doing 18 knots. He would do 18 knots in the harbour, under or- sion.

dinary circumstances. In Emergency he would do more than circumstai

was asked to mention 10 knots." some

circumstances and

The preliminary act of the launch was of great interest, for when the launch saw the

-boat it was at

a distance of 400 feet, greas, and on

Defendant, of the launch, alter to starbor one short-blast that were true,

keeping the sam until such time an

duced his speeds with the lau

ane crash

waters.

Mr. Sheldon ques-

whether it was

for witness

unked to answer, and Mr Whyatt

inued his cros

F'different lines.

The case is proceeding

mination

on