1918-04-13 — Page 2

Page

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THE RACECOURSE DISASTER.

THE CORONER'S SUMMING UP.

THE JURY'S VERDICT.

CRITICISMS AND RECOMMENDATIONS,

THE DIRECTOR OF PUBLIC WORKS AND THE CAPTAIN.

SUPERINTENDENT OF POLICE.

CUTTING THE LASHINGS.

Professor Middicton Smith's evidence Regarding the question as to whether really only a test. of what he called the that, stich, a test, whatever its value, IE the collapse was caused by doliberate cutting of the lashings, the Coroner Primary stresses,, and not the secondary stresses. We have the opinion of Jlr. said this had been one of the most inter-Dyer that if he had charge of the esting parts, of the enquiry, and howork it would not have given him uny thought, from the point of view of the satisfaction to have conducted these public in the-Colony, not the lenst imtestør

portant. The rumour got hous and THE CONDITIONS, OF LETTING. ~~**** certain statements relating to it appear The next point on which you are asked ed in both the English and Chinese to criticise is the conditions of letting Press, and they had endeavoured in the adopted by the Director of Public Works enquiry to hunt down the source of this, for the purposes of these shreds in his rumour and to see whether they could capacity of officer having control of find any foundation in fact for it. Crown land. Mr. Chatham in the wit- The Coroner, after advising the juryness box, on his own behalf quito can The enquiry into the cause of the ment of this condition from our public evidence of the Chinese who stated that was at fault and I think what he had that they should receive with caution the didly admitted that his Department racecourse disaster was concluded at voerds; that is, that it is not to hehe saw men running away from the base in mind at that time was the fact that the Magistracy yesterday, when all the enforced. I am not really now concernment of No. 12 shed (the witness men- these conditions of letting were obviously tioned earlier) said he very much hoped inadequate and out of date. There were solicitors representing the various tato urge that this or that form of gem that after considering all the ovidence no requirementa as to gangways, exits, terests attended to hear the Coroner a bling should be stopped, but I am on this particular subject the jury would fire precautions limit of accommoda- summing up.

La able to come to a definite decision tlon, numbers of foors or height or concerned to urge that where permis that the rumour regarding the cutting

standard of construction. No one wil sion is given for forms of gambling at of the leshing was entirely without dispute that the conditions of letting prescut prohibited by law such permis foundation, and that no one need tako will have to be revised, and substan

any further notice of it. ⠀⠀

tially revised. sion should be made legal. Magistrates THE INSPECTION BY AIR BARA, and others who are responsible for the With ION ions to the

The Coroner, addressing, the jury, said: --Well, gentlemen, I am sorry, to say. able to draw up I have not been able of the

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any clear and facts which I can hand down to you for enforcement of the law would find their sway when you go to deli-inds considerably relieved in this and you to take awa berate on this evidence, I have consider other matters if legislation would keep

THE EVIDENCE.

BUILDING ORDINANCE

The next point. in the evidence given

part played by Inspector Sara, the with regard to the section of the Builde Coroner said You have had the Ining Ordinance under which the law pro- spector in the witness box twice, and it vides that plans should be submitted of is to be noted that he made a particular all buildings to be erected for approval after the before the building is proceeded with. earthquake that he

the

cd this evidence very carefully and at pace with authorised practice. The spection of the me inspected them Wo know that the Building Authority some length, and I am entirely unable point has arisen really in the finally before the races, and that he has mis-read the Ordinance for a num to drill or organise the facts into any evidence given at this enquiry by the said he had paid particular notice to bor of years past, their practice heing Director of Public Works with referenye been suggested that he might be eriti were separately provided for under the strutting and cross bracing. It has based on the assumption that matsheds real connected story or into any theory which fits all the evidence in the record to certain provisions of the Building eised because he undertook a job which Ordinance and did not come under this Ordinance which he has found unwork was perhaps beyond his capacities with section. Whether you will criticise on We are now reaching the final stage cable, and certain portions of which in officers, but I think he was aeting in tant account I do not know, but the more

out making a protest to his superior this enquiry--an enquiry into the most certain cases he has, no doubt with good accordance with the traditions of Gov-important point is, even supposing that tragic and appalling disaster perhaps in

reason, himself suspended.

errent service in doing his best to that action was right, whether the Build obey orders, even although he had no 18 Authority was acting rightly and the history of this Colony, attended by

previous experience, and his training reasonably and with due care in omnitting an enormous luss of life and leaving a

and

Now we come to the main subject of responsibilities

not have fitted him for taking to get plans or some kind from the con- record of sorrow in the family circle this enquiry, namely, the cause of the stated that it was certainly an extenuat plans before construction commenced.

Mr. Chatham 30 tractor and omitting criticism of such,

possibly of every nationality represented collapse and the circumstances which Jeding circumstance in this caso that, he |Of course, after this enquiry the Govern

WRE in the community Before come to the up to it. I wish I could hold out any not provided with plans or any ment must necessarily be at the parting thing to 5 où. If you are not able to of the ways1boy must decide whether facts to be considered I wish of my own hope that it is all plain sailing answer the question in Mr. Bara's favour, they will inforce the law as It stands or account, and you will desira me to do so thero is a large quantity of evidence, then think the only logical thing for whether they will amend this section so you to do is to and that his breach of as to exclude misleds. I think if you and, with on du progress of this enquire to extion of one witness, on when I shall tional cause of death The neglect to Government will probally be pleased if possibly the excep duty was an approximate and condiare making any recommendations the yours, and on ushalf of her boncerned

comment later and in the proper time press here our very deen sympathy with and place, it all seetus to me to have furnishing fire precautions, however you will include a recommendation on all who have suffered in the disaster been honestly given. But so far as the serious the results, are, I think, mare

that point, and, at the outset, I wish to remark upon facts of the occurrence are concerned it distant and not immediate causes lead ABSENCE OF REGULATIONS. the very great obligation under which is almost entirely statements of na ing to death. Crow, licitor and by Mr. Bowley, who great exciterent, so, for that ranch, have attended every sitting, and by other cannot expect the details of it to members of the legal profession who dovetail exactly into one another Caps have assisted in the investigation, and in our information remain, and must to the witnesses who, many of them at remain, and the more I consider the great inconvenience, have pled, their evidence the more likely it seems to me Information about the occurrence and you will draw only a few definite conclu- their professional experience at ont dissions of fact, though you may be able to And I wish to thank also, one state that the balance of evidence given or two nesidents who have been good is 10 favour of a number of other

sibilities. You yourselves.

reason,

the sheds or the omission

-

61

The next point with reference to the The Cor VERDICT

Building Authority is the absence of The Coroner continued The last general regulations, or, rather the question is What is your verdict absence of any regulations containing a Your verliet will consist in fading the standard of construction. I think that medical cause of death, given by Dr. you will probably recommend that the the suffocation was due either to the present regulations should be amended collapse of there sheds or to the out tion. You may not be prepared to state Mucfarlane, as suffocation, and clearly

to include certain standards of construe- break of fine or to both. I do not think the argument raised by Mr. Bowley that that there should be some. There have what they are, but it is clearly right all responsibility of criminal negligence has been suggested that the responsibi If it y

shown that euffocation was, due,

enough to send me photographs, which with the cyidence a record famt the contractor would be liberated from been, no such regulations up to date. It

et

or possibly to fire is soundity for the ausence of suck regulations

but I agree with the remark which Mr..

DECOR contractor or Buildingsta on the Director of Public Works Inspector failed substantial indus I do not, therefore, propoze to

have been very useful, and to say that a day's evidence has been great amount of work in this matter has daily and you have been furnished with fallen upon the shoulders of Inspector: Watt, of the Hongkong Police Force It as the enquiry proceeded go through is an unfortunate feature of thissebquiry the evidence in detail on every point, that many of those who could have given though I will try to separate for you the us, perhaps, the best information of what evidence on any particular point you exactly happened on the tough my wish, if in the course of hay tetxe betrayed into an orror of judgment

eg, de diligence, care and skill in their Chathain made in the witness Love that criminal negligence but they are not executive government at largos respective then they are guilty the final responsibility Tots with the

if, while exercising those things, they

· MATSHEDS IN THE FUTURE, A

ed in the disaster, and for that reusement gut express a desire that it be by not think that the lessees, can may wish to consider in your recom

seme points will remain uncertain even done. after we have considered all the evidence. But I am very hopeful that ne source of cvidence in existence in the Colony has been kept back from us which would have added substantially to the accuracy and completences of the material on which you will formn your judgment

THE WORK OZ RESCUE,

vuar 8 LEGAL DUTY,

Also,

So much, gentlemen, for the facts of the occurrence. Now we come to the section of the enquiry referring to the conduct of the different bucers, I am not going to put any questions on these points, he cause I foing it is desirable that any language adopted

Dr criticism made

ed to advise you on those points and is a certain danger in cases of this kind leave it entirely to yun, but I think there of going to the opposite extreme. Matsheds have proved a most useful form of structure and 1 personal should not like to see them disappell r

RESEARCH WORK FOR THE HONGKONG

UNIVERSITY,

A further recommendation which I the evidence given by varicle profession would anggest to you is that in view of

at certain data as to this material, which

is widely used in South China. The stañ

of the Hongkong University are perfect-

rey's of fire be access Tagessibility; with him, but at the same time I should previous years, but there has been no you?:

facts unknown to

There are two other points that you regarded as guilty of crimmal mendations, whether you will #recom The evidenco has covered a wide field,neghgence unless you can show that by mend a restriction in the use of and your legal duty as a Coroner's jury admitting crowds to their sheds they matsheds and, if so, what restriction

to record the cause of death of the were entirely reckless of the consequences. you will recommend. I am not prepar subject of this enquiry and state your GOVERNMENT DEPARTMENTS, decision whether such death was direct ly, and immediately due to the criminal negligence of any person. There, atriet There is, howover, one subject on whichly, your duties as jurymen ona this enquiry has been altogether incom Coroner's jury end. Whatever is more plete, and that is, the very strengons than this is voluntary on your part. and plucky endeavours made by a large But, as you know, in the present enquiry number of spectators to save the lifes of the Colony is hoping that you will see should be your language and not mine; persons in the fallen sheds It is are your way to state what you find to be but I am going to note in sucession a lief to know that these attempts were pe will record, so far as they can he has been focussed by the evidence of this the facts of this and occurrence and that few points on which I think criticism persisted in to the list possible moment and had a very large measure of steemed the clubis leading to it. In enquiry. There was also a gathering of capable addition to assessing the responsibility

al men here that they were unable to assistants a abort distance from the sheds for criminal negligence in the matter, if THE DIRECTOR OF PUBLIC WORKS.

get data to form any opinion of calcula to help to deal with the needs of the thero 'is any you may take upon your first dealing with the Director of it is ligh time that some steps were tion as to the stability of these sheds, people who were brought nut That weilves the task of criticising at large the Public Works in his position as Build- taken to provide such data. One of the have not fully gone into these and other action of all persons, official and unching Authority, the first point I think lessons to tha Colony resulting from this similar details must not be attributed to cia, whose conduct comes under review, you will be asked to give an opinion enquiry is that steps should be taken at any lack either of our own or public as well as offering suggestions. I am upon is whether an inspection of these once to arrange for testa to be inade, And appreciation. Another matter occurs to glad that Mr. Lo, who is representing a buildings by the Building Overseer, a course of research followed to arrive me before I proceed to the chief isues number of bereaved families, was in whether during construction or after raised by the evidence. It was, I think, structed. to assure us that his presence construction, was euttigent precaution inevitable that some persons should feel had no such object as to endeavour to for public safety by the Building Aus disappointed, and possibly aggrieved, ax negligence on someone where no such thority. Or whether, in your opinion, ly competent, and I have no doubt will that they were not allowed access to the negligence could properly be found. In it would have been reasonable for the ing, to undertake this course of research. sheds during the fire so that they might his address to you Mr. Bowley asked Building Authority to insist on inspec understand it will take them six to Chemselves render assistance to their that you should avoid surping the tion by a qualed engineer We know nine months to do it, and it seems to me relatives and friends who they supposed functions of a Civil Court by giving a that the sheds in other years have fro a good use for public money, so that on to be there. On this subject we have be- decision as to the liabilities of the quently been inspected by qualified future occasions when these matter fore us the statement inade by Colonel parties which thay possibly arise but of engineer of the Department. Mr. Per come up we can refer to tests and say Ward himself Colonel Ward was placed possible negligent acta forming the subsins gave evidence to that effect. Mr. Did you build these sheds according to in control of the situation after the cart fco matter of this enquiry agree Wright himself has also inspected in the for the courte followed. A cordum was advise you to announce Freely any con

-SUPERINTENDENT OF POLICE placed around the locality of the to asclusion of fact which, after weighing all arranged that this should be done and With regard to the absence of fire pre- soon as possible. Colonel Ward admitted the evidence, you may have come to with it was not done this year. The question cautions and the failure to make any through the cordon such numbers of per-out considering the civil consequences has been put to a number of professional provision by the C,S. P. as Superintende sons as he thought could usefully take rising out of the facts in other possible witnesses, and I think I am right in ayent of the Fire Brigade in this matter, part in the work of rescue Begen, or proceedings. Regarding the acts of ing that without exception they have re and indeed in all the other matters, we eight minutes after the fire began he public officers and possible suggestions turned the answer that the Building are criticising after the event Mr. gave the order that no one else shoulil for the future, I will not deal with them Inspector's inspection ought to Leu Mossor in the witness-box has been as be admitted through the cordon. On at the present moment, but will ask clant for this purpose. It is for you to candid as Mr. Chatham in admitting Looking back, Colonel Ward's opinion is you to follow me on the main occurrences for your own opinion. Another point certain measure of fault. He noticed on that he may have erred in admitting too of the calamity,

in that this building was to be occupied Monday that the sheds were traps in the many persons rather than too few. He QUESTIONS TO BE ANSWERED!

by five thousand people and that it was evout of fire, and it is a matter of regrets is satisfied that no more rescuers would I am hoping you will adopt my view materials which were strange to en- one hose had been laid on and half a

a building which was being erected with that he did not notice this earlier have been useful. I feel sure that that the most useful way in which you gineers qualified on the European system dozen buckets or water placed outside Colonel Ward's statement will satisfy and I can approach the subject is for and that it was being erected entirely each shed it is quite possible that those who were more especially con-myself to propound to you a series of without plans and calculations. I don't the story of this disaster might have been questions which it seems to me it is know whether you wish to exprese less calamitous Evidence has been call desirable that you should answer. I will any opinion on the point, but I think to show that no fire appliances arriv Still dealing with subjects which are hand you down a copy of these questions, one of the things you are really acked ing after the fire bad got a bold would preliminary to the main enquiry, you and a part of your findings should con will no doubs notice that a large body get of answers to those questions These whether the Building Authority acted delaying the fire, and that scezna to be s

to do is to express an opinion as to have had any effect in extinguishing or of evidenco bas been elicited which shows questions have been drawn up by me with reasonable care in entrusting the But whether that is so or not it would

sheds were in

used as during the last two days, but do not mipection of these beds to a Building have been very satisfactory now to all houses out gaming

to the wish to suggest that they are the only Overseer ont way. provisions of the Ciambling Ordinance, questions you might be called upon, to

concerned to have put the matter to the answer. Some of these questions are

QUESTION OF TESTAAT

tost of experience. Any delay, however essential questions, that is, they are ques focused is the question whether the additional liven, Mr Messer says that The next print on which criticism short might have allowed time to sare to obtain four view of the liability of tests to tions which must be put to you in order Building Authority should have applied had be considered the matter in certain persons to a charge of negligence ae St, for the accommodation of an unably have resulted in a revision of

this

structure before posing it advance his consideration would b present knew that the condition had incidental.

exprossed the view that a deadweight What I think is especially to be always beat, and was intended to be The Caroner then put the 23 uestions test was possible. That is the only test ted is not so much that a small quantity dend letter. Whatever consequences which will be found in the jury's find that has been suggested, and it would of water was not imediately available may follow from this enquiry I hope and proveeded to deal with the have caused an immense amennt of for the fire, but that the matter of are that one of them will involve banithgence for the fury direction. trouble to carry through. Then there is precautions was never tackled at

cerned

that these COMMON

of

THE GAMELINGS.

and this openly

authorities. Government Auctioneer,

of Bites, read out the condition of letting, the suction which reads Inventing bidders are informed that the prohibition

sistem by which it was departmentally

gambling remains in force one-andler criminal law. Others are merely limited number of people. Went the constructional plans of the sheets,

egret