1923-07-26 — Page 5

Page

HONGKONG GOVERNMENT'S SHIPPING PROFITS.

„SHIPOWNERS ACTION AGAINST- GOVERNMENT.

GOVERNMENT RETAINS OVER

182,000,000.

THE HONGKONG DAILY PRESS, THURSDAY, JULY 1628, 1998.

Under Section 3 of the Ordinance it THE CHUNG CHAU LAUNCIL

was stated that the question of costs in connection with the action should be lelt to tão discretion of the Court, and he wished to point out that the Attorney- General did not ask for costs" in the

DISASTER:

"OFFICIAL ENQUIRY OPENED,

WAS THE ENGINE ROOM FULL, OF WATER?

ense but respectfully submitted that this STATEMENT BY A YOUNG WOMAN PASSENGEn. was a KO in which costs should, be awarded to "the plaintiffs.

|

Adaction of considerable interest was heard, yesterday morning, in the Supreme Court before His Honour the Chief Justies (Sir William Rees Davies) sitting in original jurisdiction. Iz related to the profits made by the Hongkong Govern mout out of a number of ships chartered) by them towards the end of the war and for a short period after the termination of hostilities. The total profits made over by the Government amounted to 82,000,000, 5,- and the plaintiffs shipping firms) claimed that these profits Juads or running their ships to returned to them on the ground that they had not been used for any purpose connected | into line with owners of ships in other. It will be remembered that the lannch with the War. The Attorney General parts of H.M. Tominions The Ordin arrived off Salt Fishi Lane, West Point, (Hon. Mr. J. H. Kemp, K.C., O.B.E), arance was not a pire of legislation | shortly after noon on Sunday, July 9th, representing the Crown, was cited as the peculiar to this Colony, nor was it the with a large number of passengers on defendant in each of the ten nations, and child of the Legislative Council

(ten

tay

The evidence tendered yesterday after." woon was that of Chlness. pässengers on board the lunex at the thing of the dis- aster and that of the eoxswain of a launch: which picked up a number of the vivors

301-

travelling on the launch on the day it Tang Ying, a young female passenger

At the Official Inquiry opened yester, capsized, said she did not know how There was one other point which he day afternoon into the cirentostances many passengers were on board but there thought fitting to bring to the notics of surrounding the capsizing of the Chang were many beside herself. "She was n the Court. He would like to say that Chan ferry launch, Fee Din Yut, a passenger on the fore part of the deck. the Indemnity Ordinaree, was based on startling statement, was made by a young When they left Nam Tau it was raining. the Indemnity Act and, under siction Chines female passenger, to the effect but on the voyage the weather cleared. of that Act;. His Majesty in Council was that when the "launch arrived in Hong She was seasick during the journey, given power to apply the Imperial Act kong" from Natau, she overheard # There was an awning ahore her head but to the Crown Colonies, H.M. Govern passengers remark that the enging room there were no screens at the side and the ment allowed the Crown Colonies to pass was full of water. Her evidence was also water came over. There was some cargo their own Indemnity Ordinances, and the¦ interesting from the point of view that of fruit on board. After the arrival of Hongkong Indemnity Ordinance was whilst the launch was on the journey it the launch in the harbour the first thing passed as the direct result of instructions rolled heavily and the passengers ran she heard was someone remarking that from H. M. Government with n view to from one side to the other, some of them the engine room was full of water. Sho bringing these particular owners of ships in great fear.

also knew that the launch had a very bad list. About half way to Hongkong the launch rolled from side to side and the passengers rushed from one side tą the other. Some of the passengers were board and a cargo of laiches. A num. frightened, but others said there was His Lordship asked if similar legis-ber of small bont came alongside for the case for four. She had traveled on the Iation had been passed in other parts of purpose of collecting the cargo, and the launch previously but never had had any the British Empire, to which Mr. Jenkin passengers, in, their eagerness to get cause for fear. The male passengers. replied in the affirmative.

ashore, rushed to one side of the launch, moved to and fro during the voylige, but Mr. Alabaster, replying, said that the which capsized, resulting in nearly 50 the female passengers were too sick to move, plaintiffs did not in any way, assens to lives being lost." The launch is well-about. She did not know genetly what hap the discharge of the actions or to any known to many Europeans in Hongkong ned, after the arrival of the lanoch in deprivation of what they considered to and was regularly used for the ferry ser

Hongkong, Just before, it enpsized she be their rights: They were compelled to vice tieten Hongkong and Chung Chau noticed that the bout rolled badly and submit by force majeure to an Ordinance Jeland.

the next thing she realised was that she passed for one reason and one reason H.E. the Governos appointed a Com- in the water. She caught hoki of only to deprive them of their rights raission to inquire into the matter, then and she was saved.

Ho Fook Tai, anther female passenger $596,877.34 | The Ordinance differed from the Home Harbour Master and Marine Magistrate

277,979,00

Act in-a very essential particular, It was (Comminander C. W. Beckwith, R.N.),

on the ill-fated lunch, said, she sat in the stern of the bent on top of the cargo. 171,025.30 customary daring all wars and times of being the Chairman, the other members atress for the Executive, and the servants of the Commission being Mr. W. Davison 74,506.78

of the Executive, to do things in the (Marine Superintendent of the C.P.8.8.

ten passengers close to her.

Asked to describe the voyage to Hong- 167,400.40 national interest, or in the supposed in Hongkong) and Mr. F. W. James, 215,080.02 national interest, which were not justified (Superintendent Engineer of Mesara, kouz, witness said the launch went along by legal sanction. It was customary in Butterfield & wire). The Secretary to smoothly until they got to Sule Fish Lane 172,918.31 these cases to prevent them being sued the Commission of Inquiry is Mr. L. H. (where she capsized). She did not, see

97,755.18 afterwards for damages by. passing an V. Booth.

ths lefence offered wds that under the

Indemnity Ordinance of, 1992 the claims were null and void.

The following a list of ten plain. tiffs and the amounts respectively claim- ed them:-

Wallowm

Nanie of

קיווי

Total amṣunt

returned to

owner.

8.S. Co. Falluern $234,703.8!!

E Moller Manipuri 153,107.03 Lai Hing

S.S. Co. Telemachge 127,750,01

Shun

Po Share

Co. Haimun

S.S. Un Man

Chuen

Douglas

07,419.91"

Lien Shind 107,330.88

S.S. Co. Hai Hong 141,418.54 Luen Hing

SS. Co. Phenpenk 116,001.01 Eric

Mollar Custlefielić 130,699.30 Douglas

יך

S.S. Co. Haitas 127,082,71 Brisbane

th

Profit unde by

Hongkong Government.

Fort,

})

y

of laiches. There were about eight or

"

many passengers running about 'from Indemnity Act. Although these ten plain-] Mr. M. K. Lo appeared to represent side to side as the faunch rolled only at 247,888.00 tiffs were advised and believed that the the owners, coxswain and

West Point. The launch stopped at Salt crew at the

Fish Lane, not far off the Prayn wall, S.S. Co. Brisbane. 71,476.94 147,787,47|| net of requisitioning their ships was not capsized taunch.

A large justifled by any prerogatier,, Ael Ording Total retained by the Govt. 82,169,782.3ance, or Order-in-Council, and was, thereings, said that the Inquiry, had prin many people emme on board, but all the

The Chairmah, in opening the proceed.for the cargo to be landed.

number of boat, came alongside. Not The Attorney-General was represented

technically a tort against them, they cipally threw objectș: (1) to endeavour passengers rushed to one side as they in Court by Mr. F. C. Jenkin. C.B.E, did not bring their nations in tort. Not to find out the cause of capsizing of the wanted to get ashore quickly. The launch barrister-at-law, instructed by the Crown

listed heavily and capsized. On ageing Solicitor (Mr. H. K. Holmes) Mr. C. Gone penny damages for an act which they launch; (2) to examine and to report on the faunch was going to capsize, the considered to be wrongful had they claim whether the launch was worthy and small bonte sheered away from the Alabaster, K.C., O.B.E., barrister-at-law

It all happened very quickly (instruc.ed by Mesers Deacon, Harstond. The Government took their ships properly built and(), and to mtka danger. and Shenton) appeared for the plain and used them, and for the taking and suggestions, if possible, which will pre- the time was just sufficient to exchange a few words before she went down. for the use the plaintiffs had made no vent such an occurrence happening in Witness had travelled for several years Lifis.

by this launch. She carried a normal The action of the Wallowra Steumship claim. But the Government made prafts future. Company was taken first and Mr. Jenkin, on the use of their ships and used them,

"(Continued on next column.)

cargo on this occasion. addressing the Court, said the defendant and for the taking and for use the had applied that the actions be displaintiffs had made no claim. But the charged and declared void on the ground Government made profits on the use of that, the plaintiffs had no supposed cause these ships. Those profits had not been of action and that the notion was no spent on the war, they had not been longer maintainable by virtue of section "peat for any purpose in connection with 3 of this Indemnity Ordinance of 1022 a war; they had not been spent for The ten actions arose out of certain many yours after the war. So far as vessels being taken over by the Hongkong Counsel was aware, they had not been these ten actions. His clients submitted rolled a little. Government under the directions of the spout yet. Those profits plaintiffs suede faren majeure and not willingly. The comfortable boat as a rule the witness said Imperial Government, and the plaintiffs to recover under the Petition of Right Ordinance gave his Lordship power to she was. He had travelled by her before were now claiming payment of certain which enabled them to sue for money make any such order for costs as the nad found her to a very good bout. He had po cause for fear. When they reach ed Salt Fish Lan the small honts came on both sides of the launch.

large sums of money declared as profits made by the Government as users of the ships. This action and the other actions were started before, the commencement of the Indemnity Ordinance, and therefore came within the section 3 of the Ordin-1 ance for all purposes. That section was

s follows:-

had and received. In the altermitive, -they-claimed-compensation.

I

Asked by Mr. Lo whether she heard the coxswain ehouting to the passengers when the launch stopped not to crowd to one

Mr. Alabaster replied that the Ordin-side of the vessel, the witness and she

was not passed until 100-everal g after the war, and he repeated that the spec al clause to which he had direct ed his Lordship's attention was clearly passed for the purpose of getting rid of

Court might think it. He understood that the Crown did not object to the

His Lordship said that the substance of the plaintiff's statement of claim was order being made in favour of the plain- sot a petition of right but an action for tiffs.. recovery.

"

did not as the coxswain was on "the,

Wong Kee, a male passenger on the

launch got to Cap-Hui Mun the journey. launch, told the Court that before the was comfortable; then when the rain came, before reaching Castic Peak, she

Asked by the Chairman if she was a'

Finding it difficult to get a very clear statement from the witness, the Chairman asked him if it was a fach, that at the GOVERNMENT TO 18SUE À STATEMENT, time of the disaster a number of people Mr.Alabaster said it was in the Mr. Jenkin said with regard to Mr. were going ashore, a number of people nature of a petition of right. They had Alabaster's statement that there was no were going on board and that cargo was not alleged the taking to be wrongful defence, he did not propose to discuss being discharged all on the one side, they had stated that the Crown made "No action or other legal proceeding profits, sued for money had and received, the merits of the claim or the possibility witness said it was so..

of a defence, but a statemens on the Witness said he heard somebody warn whatsoever, whether civil or criminal, and asked for compensation, since cam question of the merits or the demerits them about crowding on ne side, but. shall be instituted in any Court of lawpensation was payable even if the taking of the case was to be published, he under could not say who it was. The warning, for or on account of or in respect of was right. A specials Indemnity Ordin any act, matter or thing done, whether ance had, however, been passed to take stock, as soon as the order had been however, came too late. The passengers

made by his Lordship.

tried to get back to the other side of within or without the Colony, during away these rights from the plaintiffs.

After ascertaining from Mr. Alabaster the deck but they were too late; the His. Lordship: Of course I have no that the circumstances in the other cases launch capsized before they had time to the war before the passing of this Ordinance, if done in good faith, and thing to do with that.

were the same as that in the case of the do no. The boat lay on her side with done or purported to be done in the

Fallorry." His Lordship said the action her funnel in the water for a little time exécution of bis duty, or for the

brought by the Wallowra S.5. Co. against and then sank. The witness added that defence of the realm, or far the public waisty, or for the defence dire concerned the Indemnity return or payment of money made as launch were struck with the masts, 31r. Alabaster: As far as these pro- the Attorney-General was a claim for the none of the small boats surrounding the of the Colony, or otherwise is the Ordinance is not based on the Home Act, profits by the Hongkong Government who rigging or funnel when she went over public interest. by a person holding

Lau Ng Tai, the coxswain of the office under or employed in the service It contains certain provisions introduced requisitioned and used the as. Baltorra

and made yoid subject to such order

WHERE THE ORDINANCE DIFFERS FROM HOME ACT.

WEDDING.

LANE-NORMINGTON.

of the Crown in any capacity, whether, for the sole purpose of getting rid of belonging to the plaintiff. The Attorney Yu Sing, deposed that he witnessed the naval, military, air force or civil, or these actions." Your Lordship will see by General had asked the Court to discharge upsizing frem his own faunch, which by a person holding office under or comparing Section 3 of the local Ordin- the action by virtue of the Indemnity was only 40 feet away at the time. He employed in the service of the Governance with Section of the Home Act Ordinanca of 1922. He had been referred ordered his crew to throw out life buoys, ment of the Colony of Hongkong in any that not only does it, protect Gerrament to the Ordinance, and he had been in-and in this way they enved between 10 to capacity, or by any other person acting events from torts pending but also informed by the learned Counsel on behalf 20 people; some others were brought to under the authority of a person no cludes these words:"or for the recovery of the Crown that the Ordinance was his launch by small boats in the vicinity. holding offics or so employed, or for of any sum of money which was acquired passed on instructions from the Imperial. He was not sure of the number be actually the recovery of any sum of money which by the Government of the Colony of Government.

With the merits of the saved.

The Inquiry was then adjourned until was acquired by the Government of the Hongkong in respect of any act, reattor Ordinance, this Court was not concern Colony of Hongkong in consequence or thing." These words do not appeared: it had only to deal with the adminise Friday afternoon, of any such act, matter or thing; and in the Home Act. It was apprehended tration of the Ordinance, which on the if any such prooeding has been in that the Hoine Act would not have pro face of it terminated the proceedings. stituted before the commencement of teeted the Crown in this case because The learned counsel for the plaintiffs hnd made some general observations, but His this Ordinance, it shall be discharged the plaintiffs were not sncing in tort.

Counsel went on to say that the state Lordship said he was not called upon to as to costs as the Court or judgement of claim was filed on Dec. 5th, 1918 express in any way an opinion in regard

and the Ordinance was not passed until to them. His duty was to construe the The wedding of Captain F. E. Lane of thereof may think it to make

August, 1922. He submitted that so far law as he found it. The learned counsel the ss. Talang to Miss Edma-Normington Continuing, Counsel said that, in order this application was concerned the for the plaintiffs did not suppose it was took place yesterday afternoon at St. to bring the applications within the Ordinance was not a general Ordinance possible on his part to resist the effect of Andrew's Church, Kowloon, the Rev. H. meaning of the Ordinance, sub-section 3 but was passed for the very special pur the Indemnity Ordinance 1922; he said be S. Bailey (Chaplain to the Bishop of Vie of Section 3 stated that a certificate had that of getting rid in the only possible was instructed not to assent to it, but toria) officiating, in the presence of a large way of ten netions to which, he sibmitted that he could not oppose it by virtue of number of friends. The bridegroom wos to be supplied by the Colonial Secretary, there could have been no possible defence, the provisions of a force majeure. stating that the money acquired by the In any event no defence was filed and

"That being so, concluded the Chief Justice, Government had been acquired under the the statement of claim was filed for three

my duty is to give effect to the years.N uthority of a person holding office in Mr. Jenkin protested, saying that the terms of the Ordinance and order the the Government. In this come the Ordinance was not specialy passed to actions to be stayed." Colonial Secretary had filed a certificate deprive the plaintiffs of the opportunity. and that was on his Lordship's file. It cf bringing the action into Court, but was dated 19th July, 1023, and was was passed on instructions from the signed A. G. M. Fletcher, Colonial Imperial Government. Secretary."

(Continued at foot of next Column)

accompanied by. Mr. Charles. Herken as best man, whilst the bride ad Mrs. F. Normington (sister-in-law) as chief atten dant with the little My Town Duck worth and Jennie Reynolds as bridesmaids. The bride's dress was of draped ivory On the question of costs, Hir Lordship satin embroidered with pearls. She way said the Crown had adopted a very pro given away by her brother. A recention per course in submitting that the Court was held at 10, Humphreyn Buildings, should award the costs of the action to where the happy couple received the con the plaintiffs.

gratulations of their friends

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