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VALLEY FLOOD, SEQUEL. VERDICT OF THE JURY. THE CORONER'S SUMMING UP.

THE HONGKONG DAILY PRESS, FRIDAY, AUGUST 7TH, 1925

of geseral well qualified witnesses that It was the wall could not have stood. not to be expected' that the wall was designed to act as a dam. Had the wall been, stronger the consequences would The death enquiry, reported in the have been worse, as thewater would have Daily Press yesterday, into the circum-risen to a higher level before it burst stances surrounding the death of a cool, named Tong Fat. who was guarding a P.W.D. steam-roller at the time of the collapse of a wall at the corner of Happy Valley by Kaan Ma. Terrace and the Young Wo Nursing Home, on June 10th, awing to the flood, and whose body was found in the early hours of the next morning, was continued at the Central Hagistracy yesterday' afternoon, before Mr. N. B. B. McElderry, sitting as a

Coroner.

M. M. W. Lo appeared on behalf of the directors of the Young Wo Nursing Home; Mr, E. & C. Brooks on behalf of cho owners and extractors, the Tong Shan Company; and Mr. Leo d'Almada represented Mr. A. 11. Raven (partner in the firm of Memes. Baren and Basto,

Architects).

Evidence was giren by Ng Mah and Yer Chop Chung, contractors foremen

Mr. l'Almada said he wished to put report made by Messrs. Little, Auxins and Wood four days after the

20

a

disaster.

"The cement morta, the proportions of which are indicated on sheet" as one in six, is a very inferior quality; the aggregate appears to be soil found in the vicinity. The joints in the rubble, are large and many voids are not filled in The cement concrete in with mortar. the bands passing through the wall is of inferior quality owing to poor mortar: ao proportions of the concrete are in dicated on the pla" but the aggregate is of broken granitė.

through and would have swamped more than it did Therefore, even if you are of the opinion that there was negligence or even gross acgligence in building that wall, I think you must and that such negligence was not the direct or immed- fate cause of death. I think you must a dam discuss that aspect.

Thirdly, there is the method of filing up behind the well. There was a great confusion as to what the instructions wer I think the architect was right

I

This wall was

retain to

was fal-

ANTI-STRIKER STONED. SEQUEL AT THE "CENTRAL' MAGISTRACY.

The two Chinese, who were charged be fore Mr. R. A. D. Forrest at the Central Magistracy last week with intimidat inga trees oratof while he was des livering an anti-strike speech at a meet- ing held at Hillier Street on July 29th,

tenaner Society, again appeared beforé under the auspices of the Labour Main-

His Worship yesterday. In addition, they were charged with disorderly con-

not designed as water," but as a surcharge retaining wall."" As the duct collapse occurred before it filling the duty for which it was con. structed, it is not pertinent to this note to comment upon its stability in that

One of the defendants. San Choi, an Accountant of the Kwong Sang Co., was defended by Mr. C. A. S. Russ, and by Mr. C. H. Lyson. The prosecution the other, Wong Chuen was defended

tor of Criminal Investigation). was conducted by Mr. T... King (Dires- There were a large number of witnesses for the prosecution and the defence in both cases.

he was lecturing some small stones were thrown at him and he was hit six times, but was not hurt. He did not see the men who threw the stones because there were about 200 persons in the crowd. He, continued lecturing and having finished went to the Tang Hing shop to return the stool, which he had borrowed.

common practice The jury comprised Messrs. Temple-in assuming that he was cat to all in respect. No doubt the design and pur tou (fpreman), C. E. Joseph and A. D.

at all until the wall was finished..Mr.pose of the wall are Russell.

Boothby suggests that filling in should in the Colony, but it is the opinion of

Kong Kit Ting, the complainant, have been done as the wall rose, a prac- the writer that most engineers would con tice which is now adopted by everybody.sont most reluctantly to the location of

think there is responsibility both on the such a wall in the head of a steep valley, stated that he was a British subject and had recently been appointed by the Trade architect and the P.W.il. officers con- and would, if allowing it take the conducted a business in the Colony. He cerned in drawing up these plans. de greatest precautions to ensure the best Maintenance Association to give anti- cording to their instructions, the filling in workmanship and materials and insist strike lectures. On the evening of July could not be done until the wall was upon adequate safeguards against accid-25th be lectured in Hillier Street. While

not complied finished. It is for you to say whether eats during construction."

These conditions ware that amounts to criminal negligence.

with. You may remember I asked Mr. Fourthly, there is the location of the Boothby a question about materials. It all, that is a most serious point. It seems to me perscually that in view of to take more precautions than have been has been stated in evidence that the the bad workmanship it is very necessary Buikling Authority had great reluctance taken up to date, in examining founda. It. there drainage of the area had inspection of in approving the plan for this dump. Hetions before any more is done, such as foundations. You may wish to make re fore, must be assumed that it was not commendations with regard to this. (a good place," and 1 think it is up to another enquiry that I am conducting we standing on disintegrated granite, where them to impose conditions to prevent have seen that the retaining wall was water from reaching the dump. No pre-percolating water reached the founda- cautious were taken and an attempt was tions and deteriorated the granite. made to divert the water from this site. THE SUMMING UP.

I think that "the architect was mainly The Curnier, in summing up, said. To responsible for this. He is particularly bpain as regards the duties of the responsible in view of the fact that his Coroner's" Fury in comuection with the workmen had lowered the bank bordering Stubbs Road by wheeling barrows of "present" enquiry, your duty by law is to bring in a verdict to the cause of earth over it to deposit on the dump. death, and if you consider that there his This matter seems not to have been It is for you again been a case of any gross or original nrg, thought of 'at-all. ligence which has resulted in the death to say whether there was criminal neglig of any person, your daty will be to bring cuce. I think that finishes the legal

The Coroner said he did not think he could xcerpt it. It was late in the day.

str. d'Almada said he bad Mr. P. W. Greene, rivil engineer, present, and with all dur submission he considered he was entitled to put in the report.

The Croner accepted the report.

1222

I

considered it for two years.

in æ verdict of manslaughter. Negligence aspects," and I should now like to make which has resulted in death, but ungliga few general observations. enee not, amounting to gross negligence, will mean that you will bring in a verdict of death by misadventure. 1 now pro-

pose to read extracts from Halsbury.

sense

When he was at the door of the, shop. stone-throwers are unreasonable because he overheard someone saying "These you are helping us to get work." Con- Intinuing. witness said that he so appre

clated this remark that he began to fee- ture again. No sooner had he begun, than a shower of stones and sand fell on his head. He reported the occurrence on his return to the headquarters of the Trade Maintenance Association,

Then there is the question of retaining

The following evening be again went to walls generally. It has been recommended by Mr. Wright and Mr. Boothhy that the Hillier Street. He went to the Tung Hing Public Health and Buildings Ordinance shop and asked for the loan of the stool I think to him. That night detectives had acrom- building of retaining walls. requires amendment with regard to the but it was some time, before it was given As soon as he began to it is very desirable that some such re-panied him.

speak, a quantity of sand was thrown at commendation should he made.

Finally, your verdict will be in accord him. He continued speaking and a little You later, more stones were "thrown at him ance with the medical evident, will state the cause of death, and if there and he was hit in the forehead. He did not see the persons who threw the stones. is criminal neglect you will bring in a

In reply to Mr. Russ, witness said be verdict of manslaughter, but if not a ver-

a salesman and shroff in a Chinese com- be of particular advantage if you will add diet of death by misadventure. It will did not know that the first defendant was pany in Bonham Strand,"He did not any rider by way of comment er recom mendation which you may consider de-know defendant at all. sirahle for the prevention of similar pe

I do not in currences in the future.

them

Lau Choi, a member of the Workers Maintenance Association, said he was instructed to go to Hillier Street on July companied him. He was standing in the oth with Mr. Kong. Ten other fokis ac- crowd when he saw the first defendant throw a handful of stones at the lecturer

chase and caught him. and then run away, He (witness) gave

THE VERDICT. ·· The Jury retired at 3.50 and were sent an hour and 15 minutes. On re turning their verdict was:-

EVIDENCE FOR DEFENCE. After further, evidence had been given for the prosecution against Sam Choi, regarding his arrest eta, Mr. Russ called evidence for the defence. Several wit- nesses stated that the defendant was a respectable merchant and did business with the Tung Hing shop. He bore a good character and had been in the Colony L-The Public Health and Buildings for very many years and they did not seems to me that this attitude indicatca Ordinance, in so far as it covers the think he would throw stones at a speaker... Mr. Russ submitted that it would be a wast of common sense and co-ordina-development of sites and the construction tion between the various departments of of retaining walls, needs immediate

Such amendment should very unwian to convict his client on the One important matter in amendments

slight evidence tendered by the prosecu this connection appears to me to be that be the enforcement with regard to tion. The witnesses for the prosecution it is essential that drawings for sites retaining walls. of specific statements were not consistent in their story. Una under development, particularly dumps, of the materials to be used and the witness had stated that he saw Sam Choi should be properly considered by an explans drawn up to be submitted to the standing beside him during the meeting pert in drainage and adequate arrange Government. Further, each retaining and then jump back three yards, while ments made as the work goes on. This wall should be judged on its own merits, another witness stated that he saw Sam barber's shop. Choi come out of a was obviously not done in this case.

which judgment should be solely in the Another matter of importance is in re-hands of the Director of Public Works Barber shops seemed to be strongly sus 2. There should be more co-ordination gard to the instructions issued to inspec

We find that decensed, Wong Fat, met abis death by misadventure from bodily Government witness. As to the officers injuries, in accordance with the medical of the P.W.D., I think I should like to evidence submitted. In view of the fact make a few observations. I am amazed that the Coroner's summing up covers the at Mr. M. Hughes statement that he con-whole question, which we as jurors have sidered it safe to go on with the work to decile, we entirely agree with the same without seeing that measures were taken and desire to add the following rider to prevent water getting on the site. It

the P.W.D.

exist at present..

GENERAL OBSERVATIONS. Firstly, there seems to have been some tend you should be restricted to the you should necessarily adopt any of misunderstanding as to the position ofggestions I have put to you, or that Mr. Boothby. I asked Mr. Boothby to To justify a charge of criminal neglig draw up a report and also give evidence,

14 esce, it is not sufficient to show mese

and I think the Jury will agree that it waut of care and caution, there must

ix a most valuable repurt, and of the of thai

Mr. Boothby is de gross negligence and want diligence and skill, which everyone who greatest assistance.

parti minently qualified to give evidence and undertakes the exercise" of any cular net or profession is bound to bring is also extirely unconnected with any

local interests and is in no in in each particularese (Raisbury, Vol. 2, page 325)...

The law does not require the utmost caution that can be used; it is sufficient if reasonable precaution and what is asual and ordinary in such rases be taken. (Habsbury Vol. 9, page 587)."

A-higher degree of negligence is re- juired to convict a person of mana Jaughter than to establish civil liability against him. Such negligence must have Jen the direct and immediate cause of doath. (Halsbury, Vol. 0, 585).

The Jiability is a personal one, and no one is criminally liable for the negligence of a subordinate unless he entrusts duties to this subordinate knowing the latter to Le incapable of trust. That I think is the legal consideration. A rough definition of gross negligence embodies a reckless disregard in which loss of life would re- ul. The custom has grown up in this tors More precise instruction should be and cooperation between the Building pected and he, Mr. Russ, argued that Colony in autters of public importance given as to the quality of mortar and Authority, the drainage engineers and it was a case of mistaken identity. "1 workmanship. Táspector Best gave his the executive engineers than appears to don't think," concluded Mr. Russ, even that. Juries, particularly special Juries, add a rider to their verdict containing evidence in a very straightforward man observations or recommendations to pre. ner, but it is obvious that his inspection.

of the wall did not do much good. You With regard to the development of vent similar occurrences in the future.

The facts of this incident in dispute may wish to make recommendations with ure the exceedingly heavy rainfalls, parti- regard to this matter. cularly in Wongneichong Valley, on the night of June 15th, between the hours! of 9 and 12. The water went over the read into the dump. There was a land lide and water went over the bank: The water rose behind the walk which burst and swamped everything below. There was also a collapse of a part of the side as the road or, dam of the road. Whether the dam was there or not is not of very great importance, because the water

G-We consider that the work should would have gone, over at any rate. The

is taken by architects generally in this wall was not built to act as a reservoir,

I shall now consider the causes. Firstly, Colony it in paving the way to a series cease on the retaining wali, natil the EX-SHIPMASTER'S GHASTLY END. The death occurred on Tuesday night there is the flooding of Stubbs Road, and of disasters of which this is a minor one, Director of Public Works in assured that the responsibility of allowing that road I think steps should be taken to correct there is proper "drainage, and, other ar-

W. K. Richardson, as inflate of the to become a watercourse seems to be this impression of the duties of an rangements are made so as to prevent a under tragic circumstances of Captain: Section of Ordinance No. recurrence of such a disaster.

list of shared by the P.W.D. oficere, those in architect.

The Coroner: Weil, gentlemen, I think Sailors' Home, and formerly Captain of charge of drainage. This state of affairs 1 of 1903, authorises that a existed before this wall was constructed, architects be kept, but it does not provide the community owes you a debt of grati-the ss. Confucius. He was 50 years of and but for the wall would not have for the removal from that list of persons tude for the great trouble and care you agc. caused serious damage. I think there is who, by their actions, show that they have taken in this investigation. I know no question of criminal negligence in this are a public danger. You may wish to myself you have put in a great deal of work, and I shall have much pleasure is respect on the part of those officers con- suggest an amendment to that section.

Another important consideration is the forwarding, these recommedations to the cerned.

Secondly, there is the question of the continuance of the building of this wallproper authorities.

In our report of this enquiry yesterday construction of the wall. I think it is fin view of the revelations as to the

"Assistant Engineer, likely that you will find the workmanship quality of work. Is it safe to go on Mr. E. Newhouse, was inadvertently des was bad. The contractor, the architect Some any that it in I should like to cribed. na an and I think the P.W.D. Inspector socm refer to Mr. "Boothby's non-committal P.W.D." Mr. Newhouse's official position

Drainage" and "Drainage Authority". to share this responsibility, but even had attitude in paragraph six of the rein "Executivo Engingeer in charge of the work been good, we have the opinion port.

AN UNPLEASANT FEATURE, As to the architect, I think the most unpleasant feature of this enquiry is Mr. Raven's view of his responsibilities. His inspection was totally inadequate and When he did go to see the site, futile. he told the contractor that he must do better, but when he went next time and it was not done, he said nothing nor took any action. He says he thinks he fulfilled If this same view hin responsibilities.

an American missionary would convict This concluded the case against Sum Choi. on evidence like that.”

camb on.

sites and for the prevention of land slides

His Worship decided to hear the case through ach developments we are strong- Jy of the opinion that the question of

in which the other defendant is concern drainage in a most vital one, and in con. sequence large development plans must be ed this afternoon, and Mr. Lysou in-

case until this say submitted to drainage engineers before timated that he would keep all he had Hie Worship decided to deliver judg- nient in the case of Sam Choi when work is started, the responsibility to rest The architects deserve cepgure for the

he has dealt with the case against Wong with the architect in charge. «"

to

Chuen, and accordingly adjourned both attitude adopted by them regard i

cares until this afternoon. 5.-The P.W.D. overseer in charge de their responsibilitica. serves censure for failing to report to his superior officer such a case of inferior workunship.

SAILORS' HOME TRAGEDY.

Early on Wednesday morning deceased was found dead in bed, death being due to loss of bland anngangent on the ever- bed-clothes were saturated with blood. ing of an artery in the right leg. The The wound had been ineffectually band- were found two soda-water bottles, with aged with a piece of cloth. On the floor

Arrangemante for the funeral are being their necks broken off.

made by the police.

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