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FINDING OF THE COURT.
We find that the River Steamer "Kwong Tung" official Number 116,032 of 1218.44 gross tons, registered at Hongkong under the ownership of the Yuen On Steamship Compnay, Limited, of 8, Queen's Road, West, Hong Kong, arrived in the Port of Victoria from Canton at about 8.0 a.m. on Saturday the 31st. day of January, 1948, and berthed alongside the east side of the pier known as the Yuen On Wharf where she lay port side to.
The "Kwong Tung" was due to sail for Canton at 9.0 p.m. having cleared outwards with a NIL manifest, and there is no doubt in our minds that she was satisfactorily equipped and manned for the forthcoming voyage and that Charles Trott was the Master of the vessel.
In
We accept the evidence that passengers began to embark after 5.0 p.m. and we have no reason to doubt that the estimated number on board at the time of the casualty was between four and five hundred persons. Although only four hundred and two passage tickets had been sold, it is quite possible that friends had accompanied intending passengers on board. this connection we have evidence which clearly shows that passage tickets may be obtained subsequent to the vessel's departure, and under these circumstances it is very obvious that the total number of passengers on board at the time of sailing could not possibly be known with any accuracy and neither could the Port Clearance be acccpted as being in any way a true statement of the vessel's contents.
The last survey of the "Kwong Tung" was completed on the 21st. July, 1947, and she was issued with the appropriato certificate fully covering the nature of her voyages and providing for the carriage of 766 passengers and a crew of 64.
From evidence adduced before the Court we arc of the opinion that a fire broke out at approximately 7.0 p.m. and was confined to a very small arca on the main dock immediately adjacent to the port side of the star- board stairway leading from the main deck to the upper deck.
The prompt and efficient use of well placed chemical extinguishers by the three fruit stall attendants Tsang Hin Cheung, Chu Chung Ling and Mok Kau brought the fire under complete control before the arrival of the Fire Brigade at 7.17 p.m. in answer to a call received at 7.15 p.m., but we note with very doop regret that the latest figures available show that 70 persons lost their lives by drowning. We are fully satisfied that the heavy loss of life was a direct result of panic and the ensuing stampedo, which resulted in a large number of persons cither falling or boing pressed overboard.
There is no doubt that the Fire Fighting Equipment was in first class order, and we have noted with appreciation the commendable action of the crew who rapidly brought hoses to bear on the seat of the fire. It is clearly apparent to us that the united efforts of all concerned in the extinguishing of the fire undoubtedly prevented a more scrious loss of life, and probably the ultimate destruction of the vessel as opposed to damage estimated to be inside twenty dollars.
Wo
The means of egress from the vessel as sho lay at the wharf wore sufficient to meet all reasonable contingencies, and the only criticism wo have to offer in this respect is the fact that a very inadequate gangplank was in use at the port forward cargo port. A gangway was in position from the port after cargo port and also one from the upper deck amidships. also note that the port stairway, the forward stairway and the after stair- way were readily accessible at all times, and if grorter use had been made of them we feel that fewer lives would have been lost for due to the state of the tide (L.W. 6.44 p.m.) it would have beon comparatively easy to have escaped to the wharf from the upper deck.
We fully recognize the fact that no arrangement of gangways can possibly cope with circumstances where passengers attempt to carry thoir heavy baggage on shore and in some cases endeavour to return on board to collect it.
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