1922-08-01 — Page 3

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COLLISION, NEAR REPULSE

RAY.

THE HONGKONG DAILY PRESS, TUESDAY, AUGUST 187.

Mr. Russ: Then can you account for IS A FACTORY A DOMESTIC ASSASSINATION OF CANTON its triking the plaintiff's car!

The witness. No, but I can account for

TENEMENT?

GENERAL OFFICER COMMANDING exactly the opposite, the plaintiff's car CHIEF JUSTICE DECIDES THAT IT

SUCCESSFULLY DEFENDS AN

ACTION.

striking the defendant's car;—the plain. tiffa car was in the centre of the road, that's clear.

Are you not prejudiced against the plaintiff)-Not an atoul I have never seen him or his car.

It seems to me you came up after the accident and decided your version on the position of the cars I did, cortainly.

THE WEIGHT OF EVIDENCE.

Major-General Bir John Fowler, K.C.M.G., C.B., D.S.O., General Officer Commanding the Troops in China, was the defendant in an action brought in the Summary Court before the acting Puisne Judge (Mr. J. R. Wood), yesterday morn-

You assumed that the plaintiff's car had ing by Mr. U. Sze Wing. Mr. U. Sze never been moved after the accident

ing claimed $800 damages from the Well, it could not be moved withou: General for the alleged negligence of the manual inbour and there were not enough latter's chauffeur and the Geperal counter-people there, at first, to move it. The ten laimed $17 for the alleged negligene I mentioned came from the ears, that Di the plaintiff's chauffeur,

accumulated,

Tbe. Acting G.O.C, Lieut. Col. W. N. Nicholson, defended the action, his case being conducted by Mr. H. Macnainars (of Mesars, Deacon, Looker, Deacon & Harston.)

Mr. C. A. S. Buss, who represented the plaintiff, said that Mr. U.. Sze Wing owned a seven-seater Buick in which he was riding along the road to Deep Water Bay with his family on May 31st. When founding a carner néar Aberdeen his car collided with defendant's car and was much damaged. It was dashed against cliff and several witnesses would be called to say that it was the fault of the defen- flant`s driver in coming along the middle of the road instead of keeping to the left. Negligence was alleged against the defen lant in respect of excessive speed, failure to sound his horn, failure to get out of the way of plaintiff's ear, and driving on the wrong side of the road.

IS NOT.

INTENTIONS OF THE RESTS ORDINANCE,

Rents Ordinaler.

OFFICIAL.

MURDER CHARGE NOT TO BE

PROCEEDED WITH." -

Acting on instruction from the Captain Superintendent of Police, Sub-Inspector Pincota, applied to Mr. Hamilton at the

Indgment was given in the Supreme Magistracy yesterday morning for the dis Court, yesterday, by the Chief · Justice

charge of Leung Hwho was arrested. (Sir William Rees. Davies) in the action in which the French 31ission sued time ago, in connection with the the Canton Nangang Bros. under the shooting affray in Ramsay Street, tear the Harbour Office on Saturday night, July 15th, when M. Chen Tat Sang, Director of Publie Ronds in Canton, and was fatally wounded by a revolver shot. a relative of General Chen Chiang Ming, A Chinese lady who accompanied the ins fortunate gentleman was slightly wounded by a stray bullet.

By their claim plaintifs sought to cover possession of portion of Irland lot No. 2147, on the ground that such pre mises do not come within the Rent Ordinance, 1921.

Various subsidiary' claims, and a claim for damages were

made,

The defendant, who was suspected of be The case involved the construction of the Bents Ordinance and at one phaseng the murderer, was arrested and three charges were preferred against him: 1) shooting, at an Indian constable; later, shooting at the deceased offiein; and (2) following upon the death of Chew Tat Sang, a charge of murder was preferred' against him. Sub-Inspector Pincott, in ex-

of 抱

The witness explained on the plan of the scene put in, the positions of the cars and aid he thought the plaintiff's chauffof the case considerable stress was Ind four must have lost his head after the on the fact that in the building were tine collision and swerved into the cliff face. beds. The plaintiffs contended that the The steering gear of the defendant's car presence of these beds could not bring the was damaged by the impact in such a factory within the definition way that if it continurd, to move forward domestic tenement." it must have gone to the right. The fact Counsel in the case were Messrs. Eldomplaining the reason for asking for his dis- that its wheels were still true to a straight Potter and F. C. Jenkin (instructed

charge, said that the principal witnesses course indicated that the car must have Mr. W. E. L. Shenton, Mestra. Denoon, for the prosecution were in the country been practically stationary at the time of Looker Deacon and Harston) for the and could not be brought down to Hong the impact.

plaintiffs and Me! C. G. Alabaster, (in kong to give evidence.

The Magistrate concurred and the Mr. Russ asked Mr. Hollingsworth fur structed by Mr. W. B.. Hind of Messrs.

was discharged, ther about this and the witness retorted, G. K Hall. Brutten & Co.) for the des

Do you know anything about the steer.fendants ---

THE JUDOMEŠT. ing gear of a car!" Mr. Buss confessed complete ignorance of the subject. Thenid that the main issues were:-

Giving his judgment the Chief Justics it is rather dienlt to explain it to you" replied the witness. Nevertheless, he gave a good and concise description of the mechanism, and showed that the damage received must give the steering bias to the right.

Mr. F. S. Enrison, manager of the South British Insurance Company, said

In reply, the defendant alleged negli. gence against the plaintiff in respect of 'excessive speed and being on the wrong #side of the road.

Mr. Russ put in a plan and photo-be believed he was the first to arrive on graphs showing the scene of the accident. Plaintiff's driver declared that he sounded his horn and turned the corner, "keeping well on the left-hand side of the road. Defendant's driver, coming up the hill in the middle of the road, without sounding his horn, collided in such a manner that plaintiff's rer wax dashed against the cliff and was also damaged by being struck on the right side. The road was about six- teen feet Bercas, Mr. Russ explained, and if the cars bad both been on their proper sile there would have been four or Ave feet to spare.

(a) Whether, at the date of the issue of the writ," there was a specifically enforcible agreement between the parties to lease the premises or any portion thereof and if so at what rent, for what period anil upon what conditions gene- rally !

() Whether the promises came within the Rents Ordinance, 1921. .

The defendants case was, His Lordship

זי.

מנות:

Mr. G. R. Haywood appeared for the relatives of the deceased and Mr. A. 'E. Hall represented" the defendant,

The assassination took place at a late hour on Saturday night, July 15th. Mr. Chen Tat Sang accompanied by a number of Chinese ladies and gentlemen,' was proceeding past the Harbour when he was suddenly fired on from the frowd.

Offices,

It appears a number of shots were fired, And it is not known whether more than one man was concerned in the actual

shooting though it seemed evident the attack was pre-arranged and carried out by an organised gang.

the scene, from the Deep Water Bay side, after the accident. The plaintiff a car proceeded to point out, that they claimed was not moved; there were not sufficient specific performance of the agreement for people at first to do so. There was only new lease which was embodied in cer a foot, at most, between defendant's car tain letters and which, in so far as the

One of the bullets fired entered the un- and the left wall and its front and rear agreement for the further lease was con-

fortunate gentleman's back, passing out! wheels were following the same, track cerned, was not affected by the Ordin- through the abdomen, bat in spite of the Mr. Harrison's account of the position of ance. But they said further that their cruciating pain which he must have the enes agreed with Mr. Hollingsworth's premises were used in part for human been suffering, he managed to proceed to

Babitation by workmen employed by the Great Eastern Hotel. Lieut. Col. W. N. Nicholson, C.M.G., them and tlust they were a domestic tene-A large crowd quickly collected, and,

ment within the meaning of the Rents.

D.S.O., said, that on May, 31st he was travelling in car No. 60%.

Ordinarier, 191, which was passed after as is the way of crowds on these occa the agreement was entered into, and they sions, hampered the police in their efforts claimed the benefits of that Ordinance..

.One

Mr. Macnamara: You had assumed the duties of G.O.C.' nud took over the car Plaintiff, in the witness box, and he' Col. Nicholson: No, I did not take was the owner ofʼear No, 342, in seven over the car; it is Sir John Fowler's pri- seater Buick. On May 31st, about 7vate enr, I had the lean of it, .. o'clock, he was driving to Deep Water I should like to emphasize, in the Bay. There were eight people, mostly first place," "continued the defendant, ladies and children, in the car besides the that this is a dangerous corner; in fact, chauffeur. When they were about to turn there are two corners joined by a very the corner the car was going between eight | narrow road about 18 feet wide, It neces- and ten miles an hour. The hore was sitatea going very slowly. My car had sounded twice, but they heard no reply. passed the first corner and we were going They went as close to the left as possible at 8 to 10 miles an hour. I saw the car standing their letter repudiating it but moval to the Government Civil Hospital,

front wheel

claim to

A Chinese lady, Mrs. Ho Sze, who accompanied Mr. Chen Tat Sang, was wounded in the foot by a stray bullet, but her injury was not serious. Sang's medical advisera ordered his re Later the same night Mr. Chen Tat

where he expired about mid-day the following day.

In His Lordship's opinion the defend to bring the recreants to book, ants were entitled to specific performance Indian policeman evidently singled out of the agreement. The question of their the right man, for when pursued he turn- position under the Rents Ordinance was on the constable and fired a number another matter. The agreement as e- bodied in the letters was clear and un-of shots. Unfortunately he escaped, but arabiguous and provided for the payment suspect was arrested, who, was thought, [of a rent of £48,000 a year, which was h tion that the defendants paid the rates. reduction from $50,000 upon the condita be the same man. The agreement was not affected by the Ordinance which regulated the amount recoverable in cases coming within the Ordinance. The plaintify as a fact dil not, they stated in argument, contest, the enforcement of the agreement, notwith- turning the corner.. When witness first coming from the other direction; it was they resisted the defendants' saw defendant's car they were about going very fast and it swerved out just come within the Rents Ordinance twenty yards away. Defendant's car was as it took the corner; the off wheel touch Ordinance and comparing it with the Discussing the construction of the Rents roming from Deep Water Bay, going very ed some sand heaped on the other side of Home Act His Lordship said that a After quoting Lord Selbourne on the fast." The cars collided. The part of wit the road," I remember.

domestic tenement defined in the interpretation of statutes His Lordship Ordinance to include every bed space, continued: mese's cur to be struck first was the right I thought they were quite sure to hit cubicle, room, portion of a floor, door or the intention of the legislature was to "Once conceded then that

us and that an accident could not be building which is the subject of a separato protect the domestic user, as distinct from avoided. The two cars touched each other part for human habitation. It was words of the definition or in part for letting and which is used wholly or in the business or trade ser are not the and afterwards their car swerved and hit admitted by both sides that it was cus human habitation" sufficiently pliable to the wall: my car went one, or perhaps the round. Door of a building as a shop the intention of the legislature will be tomary for the Chinese population to use admit of another construction by which two or three, yards after the collision. and the upper floor for living or domestic better effectuated by applying it to tene purposes. fr. Bird had said in his evimenta, probably mainly Chinese, which dence that this was the ease with the are used in part as a shop and in part great majority of Chinese houses.

for domestic or living purposes 7 Such a Then what asked the Chief Justice, construction, while not defeating the ap is the construction to be placed on the parent intention of the Ordinance, would words in part for human habitation in make provision for the dual class of troć- the definition1 The defendants maintainment to which I have alluded.” Mr. Russ Bat to get to an angle of that those are the substantial words on "The words are not easy of construc- 40 degrees to the diff in such a short die which, their position is based. They say tion and each case must be decided on tance Isn't it extraordinary?

that the definition comprises a bed space, the circumstances attaching to it and I would not open the case for the defence was extraordinary and it shows the pace subject of a separate letting and which ance was passed in order to see what Col. Nicholson: I quite agree that ita cubicle. A room, a portion of a floor, am entitled to put myself in the position floor or building, and of which is the of the legislature at the time the Ordin but let it emerge from the evidence. He he was going.

Mr. A. H. Hollingsworth, the Assistant-I always watch that road, with Chinese within the definition, if there is a long what it was the legislature was aiming at You wern apprehensive of an accident is used wholly or in part for human was the state of knowledge, what were the habitation. They contend that they coute circumstances before the legislature and Director of Public Works, who said he drivers and happened to come on the scene in another slowly there myself w

I always insist on going de human habitation and flint the sleep I have already alluded to the general car just after the accident.". The incom-

ing

decommodation provided for their circumstances brought before the legis Were you expecting an accident was employés brings them within the mean lature and would not their state of know- ing car (which he afterwards learned was absolutely certain there would be one.. the defendant's) was very nearly as far Did you chauffeur expect one?I do not the other hand say that the words must combined dwelling and shop tenement ing of the definition. The plaintiffs on ledge require the considering of the a it was possible for a car to be on the know what was in his mind and I have be construed to apply to residential which is spoken of in the evidence of Mr. left side of the road. The offside mud not asked him since: guard was buckled and the steering bar

houses or buildings,..., houses of build | Bird who says: The great majority of of the offside wheel was bent up against fast as we could.

Why didn't you pull up. We did as ings which are substantially used as a Chinese shops have a stop on the ground the front offside spring, practically muk

residence."

floor and the upper floor used for domes hink, therefore, that in considering to purposee 7 ing atcering impossible...

The chauffeur of the plaintiff's cur est ranted his speed at between seven and eight miles an hour. The collision, in his cpigion, was due to defendant's car going at excessive speed and being on the wrong. side of the road,...,

Mr. A. H. Rowe, general manager of the United Motorcar Co., gave particulars of damage and technical ezidence with regard to the position in which he found "the car after the accident.

THE DEFENCE.

Mr. Macnamara intimated that he

*called-

On the outgoing car, the rear wheels Wero, na bear as possible in the centre of the road. The position of the car body Was slightly diagonal.and the near front

Mr. Russ: In half the car's length, the plaintiff's car syung right off to the side of the road?

Col Nicholeau: It shows, perhaps, how fast he must have been going. very narrow road.

It is

Can you explain how it was the pizin- could not get through tiff's car stopped at the rock 1-Because it

Would it not slither along itim pcesibles.

"

wheel, was in contact with the rocky cliff. accident life must be a nightmare-It is. tion in the Colony, the Legislature could scope of the Ordinance, to bold that a

The road was thus blocked entirely by the two cars, and as soon as sufficient um ber of people bad accumulated, from cans held up by the dollision, witness got eight or ten of them to help to lift the rear Fart of the outward bound car to the side of the road,dan van

In reply to the Judge, the witness zuid the incoming car (the defendant'a) was clearly on the proper sille of the road; all four wheels were in the track, we to the left side.

the definition," the Chief Justice went on, "In any event I am unable to accept “I have to ask myself whether in this the construction, which Mr. Alabaster's emergency Ordinance passed to deal with able argument invités me to do. In the an abnormal state of affairs because-of view: which I tako of the intention and If you motor always apprehending a great shortage to housing accommoda-

few employés sleeping on a godown Bombr. Baker, the driver of the defenbare contemplated to bring within the premises give these premises the benefits dant's car, also gave evidence, and purview of cath an Ordinance godowns of the Ordinance would, in my opinion, The Judge called on Mr. Russ to sum used for the purpose of tobacco factory entirely defeat the sum at which the legis- up for the plaintiff without troubling Mr. bocause some twenty employés of the lation was directed. The conclusion at Macnamara Br. Euas admitted that Mr. Company slept in those cubicles or bed which I have arrived on the point of Hol'seworth, particularly, had been a spaces on the godown premises? Is the construction disposes of the case and it dificult witness for him to get over and occupier of such cubicles a user is part is unnecessary to deal with the other judgment was entered for, the defendant for human habitation,' within the mean fesca.** on the claim and for the plaintif on the ing of the Ordinance ! The answer to counterclaim.—in other words, the verdict the question, in my opinion is in the went to the mod 7. Commanding, negative,

(Continued at foot of nezt column.)

on the weight, ef the ovidence:

Judgment was accordingly entered" for the plaintiffs, the question of costs being,, Fat the request of counsel, réserved for

argument in: Chambers,

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