1924-05-29 — Page 5

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THE UN EUNG MOTOR BUS COLLISION.

CONFLICTING ‘EVIDENCE

The case in which two motor-bus drivers ure indicated for manuslaughter in con. section with the Un Lung motor-bus collision when four passengers were killed, as continued at the Criminal Sessions yesterday.

THE HONGKONG DAILY PRESS, THURSDAY, MAX

A RIDE IN A CAB.

·LEGAL VISIT TO WING LOK STREET.

In the Summary Court. yesterday. before Mr. Justice Dyer Ball the Han Tak Cheong firm, tenants of No. 2, Winglok Street, claimed damages for trespass from the landlord, Wu Yeung Man hing. The landlord · brought a counter-claim for

THE CANTON STRIKE THREAT.

WHAT ALL THE TROUBLE.

IS "ABOUT/

The strike which has been threatening at Canton because of action taken by the public authorities in violation of the vested rights" of shopkeepers did not commonce yesterday, as had been pre Mr. S. C. Brooks appeared for theviously arranged. General Hsu Shao, treants and Mr. Eldon Potter represented the landlord..

The Manager of the Chuo Hing Motor-possession. Bus Company said that both vehicles belonged to his company. On the morn iug of the collision both were tested on Laichikok Hill. The brakes were then in order and if they were out of order when examined after the collision it must havò been due to the collision.

:

The witness was net cross-examined. **

Sergt. Stimson in charge of Ping Shaa Police Station, described the scene of the

collision.

Witness agreed with Mr. Priser that from the marks in the bridge wall, the

his going to Ta Lang bore away to the left before the collain took place. In Lis opinion it was likely that the bus hit the wall before sliding with the bus

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ning in the opposite direction. Further cross-examined the witness avr its his opinion that each bus must have been doing 33 miles per hour,

Mr. Prosser: That is your opinion ? The witness: Yes, and alsa niy experi.

THE

He further said bus No. 1314 had been zoved to clear the road for traffic when Air Smith, the motor expert arrived. In moving it care was taken not to touch the foot brake.

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Mr. Brooks said the case for the tenant was that he was a string maker and dealer residing at 2, Winglok Street. He received three months notice to quit dated January 31st and on May 1st work men sent by the landlord erected scaffold. ing. The scaffolding had unused the firm to offer considerable daciage to the business.

Mr. Brooks submitted that the landlord was a trespasser and that the notice to quit was invalid for two reasons. The brat was that, being a pending notice, it came under the 1924 Ordinance, and the second that it did not comply with the requiredients of the 18 Ordinance in that the exact nature of the reconstrue tion was not stated,

Mr. Potter said that the question of the notier to quia did not arise. He was prepared to adinit, so far as the action for trespass was concerned, that plaintiff was a statutory tenant protected by the Ordinance. ·

th'

Ching, ex-Governor and Seeretary of the Interior called a meeting of the mer. chants and appeats to have soundity rated them for contemplating, such an "out- rage" as a strike and it is reported that the attitude of the merchants has be more satisfactory," but as the Government order to which the tenants objected has been cancelled, they have reason to be satisfied

[CAUSEWAY BAY TENAMENTS.

LOCAL ARCHITECTS FINED.

...: Questions of moment to architects and the building trade generally were dis- cussed before Mr. R. E. Lindsell at..tho Centrale Magistracy, yesterday when Messra, Paimer and Turner, architects, appeared as defendants in a summons charging them with divergence from the the · Build- original plans submitted to ing Authorities in respect of a row tenement houses now being built at Causeway Bay to house the coolies em Bloyed at the China Super Refinery.

ol

Mr. A. Wright, of the Public Works Departarent, disposed that these diver gences consisted of having recesses built to, the walls, whereas the plans sub- mitted to the Department. provided for walls with Blush surfaces:

Cravesamined by Mr, L. G. Bird (à The Canton Gazette gives die following partuer of Messrs. Mars. Palmer and as a full expianation of the old com Turner), witness admitted that the plicated business custom in Canton, alteration complained of had no cfter? which the Government as been trying to fan the sanitary, or hygienic qualities of the buildings nor on their accommoda suppress :—— older business, firms a custeta called, in extensive, and until further information "Canton has in existence amongst its fun. The alterations, however, were the Cantonese dialect, Pulating-skou, which embodies various interests that the was forthcoming he could not say that merchant claims to have owned and they had no material effects on the build. rested in his business premies. Theso

ings. vested interests generally and prin-

EXTENSIVE ALTERATIONS. cipally include mevable and immovable

Mr. Bird submitted that" in the last fixtures, repairs or renovations of the premises, favourable location of the site 20 years-since un arrived in the Colony and the goodname of the firm. All these the universal procedure adopted with may be summed up in ode expression. regard to these minor alterations way the goodwill of the business establish for the Building Authority to send tha. ment, although it is in some respect, plans back for correction on minor That was the only practical different from what is generally under points. Ifia Lordship: It is only a question of stood by this term in Western countries. thing that could be done at all asites the amount of damages it any 1 *

Owing to the axistence of this Putar adoption in the past had saved consider Mr. J. Smith, acting Chief Mechanical

Replying in the afirmative, sir. Pottering-ho practice it reduced the pro able delay." He pointed out that such perty to a rater helpless position. Ho large structures, as the A.P.C. and other Engineer of the Kowloon-Canton Railway, suggested that his Lordship should acconi-collects a rent sccording to the rate of new buildings were full of alterations, pany him to Winglok Street. A view of many years ago when his property was and if hard and fast rule was to be gavo evidence as to examining the the alleged trespass, said Counsel, would arst let out, for whenever he asked for strictly adhered to in these cases, the buses at j.nt, ou the day of the colli-be far more helpful than hours of evi- any increase the tenont would refuse him buildings would never be completed at eion Regarding bus No. 1204 the hand dence.

oa the pretext that he had bis interests all. In other cases, when it was found brake but not been used. The underside

heavily rested in the premises. It is that the site was not solid enough for of the handle of this hrake was covered

certainly impossible for the property the foundations, the work of digging. owner to take back his property. Under depper had to be followed up at the with dust if the brake had been used

such circumstances the property owner game time that the approval of the the impression of a man's hand would

leases his right, which he is entitled to, P.W.D. was being sought for these alter." have been left. The foot brake was out

in getting just and legitimate income ations. In the present case he submitted of order and, needed adjusting. As to

from his lawfully owned property, which, that these recesses were but minor alter- lus No. 1314, the handbrake was, in

on the other hand, tenant, the merchant ations. They were common to Chinese wrder." Witness did not think it was likely that the brake was on at the time of the.

occupying the premises, enjoys the undue tenements and had no material effect on and unjust advantage of paying only the buildings at all. The practice adopt- collision. The footbrake was not in

nominal rent. Seeing that the existence ed hitherto had been to mark alterations order. In his opinion the drivers should

of such a practice, Eindes the progress on the approved plans in red ink. bave taken the precaution not to meet on

of business in general, the Provincial Ou Mr. Wright challenging Mr. Bird the bridge.

Government two years ago, having pre- to produce a single case where he had "viously consulted both the Canton Prosent back the plans for the purpose perty Owners Association, and the stated, Mr. Bird said that without refer- General Chamber of Commerce, promulence to the records of any of the cases gated a set of regulations requiring the he had in mind he could not produce merchants claiming a vested interest or the necessary evidence to support bis

adulting-shou in connection with his contention. business premises to register at the Provincial Bureau of Finance with the value of each and every item clearly stated. This being done and the valus of the Pastu trug-thou in cach and every case was thus settled.

Sifth.

Mr. Prosser; I put to you. that no man in his senses would go in the streets of Hongkong, with both band' trake and footbrake out of order!

The witness: Yes; and yet they do. How do you say the buses were stopped this particular cecision-Ry the collision.

+3

You say the foot brakes were entirely out of order!-With so much use they would want adjusting

I put it to you that if both foot brakes wore out of order it was no extenordinary coincidence Yes, it is; but when you know the supervision given to them it is not so extraordinary.

Witnesa. further said that the super- structure of the buses was dimsy.

THE DEFENCE.

The premises" were visited and on the Court resuming Mr. Potter submitted that the erection of scaffolding alone did, not constitute trespass. If that were so, a landlord would be trespassing if he put up seaffekling for the purposed of re- painting the front of the buildinge.

Farther argument ensued, and his Lord ship reserved judgment.

Judgthent was niso reserved in the ease of the counter-claim.

THE PEAK TRAMWAY CASE. JUDUMENT FOR THE EMPLOYEE.

In the case in which Li Sari, atram conductor, employed by the Peak Tram- ways Co., Ltd., sued that Company, for one month's pay in lieu of notice Mr Justice Dyer Bull gave judgment for the plaintiff with posts.

Mr. M. K. Lo appeared for the plain tiff and Mr. II. C. Placnabara represent ed, the defonilanta,

a

JAVAL KOTES

Capt. J. C. Inilton has becsi apport. ed to the DurChina Station, to re lieve Capt. BG Washington; C.M.G., D.S.C., who was appointed to that light cruiser on May 10th, 1092. "Capt. I. C. Davonport bas left Eng lad do assume command of the fight cruiser Despute, China Station, in relief of Captain B. C. Hamilton, who was appointed to the Despatch in June, 1999, for her maiden coramission.. Capt. Davenport has been affont since 1897, and reached the rank of captain in June, 1922. He saw service in the last war, and recently went through the senior officers' course at the Royal Naval War College, Greenwich.

'u, PU-TAL-TING-BIOL. "

Mr. Hezlerigg, Acting Crown Solicitor, said the alterations complained of wer of an extensive nature

Mr. Wright said that these prescu- tions has become necessary, bocaus

1024

THE DELICIOUS AROMA

AND FLAVOUR OF

LANE CRAWFORD'S

PURE COFFEE.

APPEALS TO THE MOST SEVERE

CONNOISSEUR.

THE COFFEE IS FRESHLY ROASTED AND GROUND DAILY BY A PATENT ELECTRIC MACHINE RECENTLY INSTALLED TO AC- COMMODATE THE INCREASING DEMAND. ENTIRELY DUE TO THE `UNDEVIATING QUALITY DURING PAST YEARS.

PRICE PER LB TIN 95 CTS.

LANE, CRAWFORD, LTD.

TEL. 4567 Lines).

THE QUEEN OF ENGLISH PERFUMES.

1)

POTTER & MOORE'S FAMOUS MITCHAM LAVENDER WATER

(In Green Globe Bottles-3 Sizes).

Obtainable at

people would mat follow the require THE CHINA DISPENSARY

of the Ordinance. It was for the: purpose of seeing that houses were built Recently the Canton Municipal anthor according to plans that had been endorsed ities, realizing the scarcity of houses in by the Building Authority that a stn!" the city and the prevalence of high rents of building inspectors were engaged in fim beyond the ability of the general po the service of the Department. palace, attempted to find a solution of Mr. Hazlerigg stated that the recesses the city's housing problem. They first had a depth of 4 inches on each side, tried persuading the property owners of and reduced the thickness of the walls. The

first prisoner, Lo Shang, driver of

the widened streets to improve their which were inches, by a matter of bus No. 1204, then gave evidence. He said he first sighted the other hus a little over

buildings, but the result was that the nine inches. This constituted a consider in yards away. He was slightly nearer

property owners, being bound hand and able proportion in the thickness of the Mr. Bird said that the reduction would the bridge thas the other ear. As he

foot by the existence of the Putting walls over 40 per cent. in fact.

a state of help- when pratice, were în ruptinued he noticed that they looked like

lessness and without ability to make any have no effect on the stability of the aneeting on the bridge and he slowed

improvement of the buildings. The per walls as a whole. down. The collision occurred just as the front of the car passed the bridge, and it

chants, who are occupying the premises, His Worship Cousidered that the were then approached, but they refused offence was proved, but since the diver curred, he said, because the encoming

to entertain the proposition of building gence complained of and to material ar swerved towards him. Ile considered

improveniena, saying that they were effect, he imposed a nominal figs of ROD the had the right of way. The accident

only tenants. Naturally, they preferred would never have happened had he (wit

to enjoy cheap rent perpetually instead Jews), not slowed down. He used his

of spending a big sum of money for the foot brake only that day because it was

iciently strong to stop the ear.

improvement of the buildings of which The report on the signalling of the landed properties did not belong to was strong in the morning, but gradually Maicaly's ships with merchant ships at them. This reculiar rolation between the weaker. At bis last stop before the for the quarter ending the year property owner and the tenant creates aridge he pulled the car up in six yards.

shows that the light cruiser Carlisle, band brake several times during the day, Station, took second place with 65 strecte hat there is nobody to accept the Witness later admitted he used his Capt. Gerald C. Dickens, C.M.G., China peculiar situation. The Municipal Government has alrendy improved the though only when he wished to stop the successful practices. In August next responsibility for the improvement of ployed by Mr. John Arnold, is now th

The first prisoner, cross-examined by Capt. Dickens will complete his two years The Attorney-General, said the, dust on in command of the Cartific, and will be the handle of the band brake must have relieved in the usual course. The l'arlisle mulated while the bus was lying by will be recommissioned early next year on completion of her second commission

var altogether.

It

the road. asked by the Attorney

Prisoner. General as to why he did not use the hand brake when he saw the collision was imminent, said he was steering with one hand at the other was on the horn.

His Lordship: It would not have been the alightost value to me if I find seen them, or to you, Mr. Prosser.

GRAVE CHARGE" AGAINST INDIAN.

WOMAN ATTACKED WITH

CHOPPER.:

Chaint. Din, a chauffeur, who was em

the buildings on both sides of the street. the hands of the police charged with To meet this peculiar situation the cutting and maiming his Chinese wife,} Municipality recently issued a set of re- Tae Man, who now lies at the Govern gulations, approved by H.E the Civil ment Civil Hospital in a serious condi Governor, for the purpose of determining tion from injuries which may necessitute the responsibility of the property owners the amputation of one leg.

It is alleged that after taking Mr. of the widened streets or Maloo, and

Arnold to his office ad Tuesday morning, The Attorney-General: They are my the now regulation is only applicable to Chant Din proceeding to the Govern

those properties involved in the Patal friend's buses. They are not mine.

Mr. Prosser said that in view of the ting-thou practice According to this ment Civil Hospital, where the wife had Would it not have been better to have serious charge of manslaughter, he con- regulation, the tenant with the posses been under treatment for an ailment for put the brake on than sound the horn tended that they should have been re-sion of Pating shou" and having some days. He took her out in the ear asked the Attorney-General. A

tained as exhibits. Neither his Lordship actually improved the premises to the to Jubilee Road whede it is stated that Prisoner replied he thought that, the nor the Jary nor himself had had an extent of entire rebuilding, is given the he attacked her with a chopper, inflict ather driver was going to avoid his car opportunity of examining them

option to buy the land property from its ng wounds which almost severed both He thought he and time to pass the bridge

owner at the price assessed according legs. Leaving her outside a matshed, Lefore the other bus came up. His speed

to current laud values, within a period he went to the Central Police Station was 18 miles per hour and at the bridge

of sixty days. In case the tonant fails and gave himself up he bad slowed down to 15 miles.

to do so at the expiration of the pre scribed period, the property owner will buy the Pang-sin interests. from the tenant according to the value regis tered, at the Provincial Bacean..of Fin all day because the hand brake was out It was decided to recall the manager on ance. 12. chae both parties fail to com * order. The foot brake was not quite the point. "

ply with this arrangement, then; the land value. In case both parties fail Ja order.

revalled, said that one propedty including the Pfadingwhen to comply with the arrangement, then, Asked by Mr. Pronsor to explain the was repaired a few days ago and the interests will be deposed of by public he property, including the Pufatting latter statement, witness said that he other was still under repairs.

auction and the proceeds of the sale hou interests will be disposed of by had to put on the brake some time before Mr. Proaser: Did the police ever make will be divided between the property public auction and the proceeds of the he could pull up

any application to have these buses kept owner and the tenant accordingly. Now sale will be divided between the property in that state until after the trial? in the other case where the tenant had owner and the tenait saccordingly. By

Witness: No

made no improvement of the premises Cross-examined by the Attorney Gen by rebuilding the property owner will carrying out this plan the property with the vested interests of Puding shou eral, witness" said that he had received bare the option to buy the Palaiding will come under one, owner and all many claims for Unanges in respect of interests from the tenant at the ponsibilities and legal obligations con- this collision. Those were placed in the registered valse within a period of sixty cerning the property will be determined, hunds of Messrs. Deacons, the solicitors day. In case the property owner Laila and the complicated Putarting shou

practice will thus be done away with

How long ago was this accident 7" asked his Lordship.

On receiving a reply that the date was April Gth his Lordships asked if the buses

The second prisoner, drives of the bus going towards Un Long, then went into the box. He said it was his third trip that day. On that day be used the foot brake had beca repaired.

The

Danager,

When he reached the bridge he saw the danger and swerved so as to allow the other bus to pass. The collision then took place at SELECT

Mr. Campbell Prosser then announced to the Court that he had sent his expert across to Kowloon to examine the buses But he was informed they had been re-lo did not think it necessary to relain to do so at the expiration of the pre paired. He would like the prosecution the busos in their damaged state in Tiew scribed period, the tenant will buy the to explain what had happened to the of these pending actions,

landed property from its owner at the Lusen

The case will be proceeded with this price to be assessed according to current afternoon.

(Cantinued at foot of next column;"

(Continued of foot of next column).

Detective Inspector Earner yesterday told the Magistrate that the motive was jealously.

The case was remanded.

THE ORDER CANCELLED. The trouble has been ended, by the Government cancelling the order.

82, QUEEN'S ROAD CENTRAL

COLUMBIA RECORDS

THE PARSON ADDRESSES HIS FLOCK

(YES, I THINK SO)

Br

VIVIAN FOSTER (THE VICAE OF MIRTH")

No. 3218

ANDERSON'S.

Powell

Wm

12, Des Vænx Road.

JUST ARRIVED

SMART MILLINERY

EVENING GOWNS

EVENING BAGS

-EVENING SCARVES

HAIR BANDS