1925-08-08 — Page 6

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楽

CORONER'S SUMMING-UP AND JURY'S FINDINGS:

OFFICIAL REPORT.

The Coroner's enquiry into the cause of the death of the Chines who lost his life during the locals in Happy Valley has bern reported "day to day h the Daily Press. In view of the importance of the issues in- volved, however, the official reports of Mr. S. B. B. McElderry's sum- ming-up anal the Jury's findings are reprinted. They are as follows:

Fourthly, there is the location of the It may be well that I should first make'; Home statement regarding the functions wall. That is a most serious point. It has been stated in evidence that the of a Coroner's Jury in connection with Buikling Authority had great reluct an enquiry such as, the present. Your ance in approving the plan for this Jun. He considered it for two years duty under the law is to bring in a

It therefore must be assumed that it was verdict as to the cause of death, and if not a good place, and I think it was | you consider that there has been gross or his duty to impose conditions to prevent water from reaching the durap. No pre criminal negligence which has resulted in

cautions were taken and no attempt was the death of any person, your duty will made to divert the water from this site, be to bring in verdict of manslaughter. I think that the architect was mainly Negligence which has resulted in death, responsible for this. He is particularly but which does not amount to gross responsible in view of the fact that his negligence, will mean that you will bring workmen had lowered the bank border. ing Stubby Road by wheeling barrows in a verdict of death by misadventure.

I shall read you some extracts from of earth over it to deposit on the dump. Halsbury's Laws of England" as to This matter seems not to have been It is for you again what is meant by criminal negligence thought of at all.

To justify a charge of criminal negligto say whether there was criminal neg ence it is not sufficient to show mere ligence. want of care and caution, there must be gross negligence and want of that diligand I should now like to make a few ence and skill which everyone who under general observations. takes the exercise of any particular act or profession is bound to bring in each

(Halsbury, Vol. 0, particular case," page 335).

"The law does not require the utmost cantion that can be used: it is suficient if reasonable precaution, and what is usual and ordinary in such cases be eminently qualifed to give evidence and taken." (Halsbury Vol. 5, page 383) is also rotirely unconnected with any A higher degree of negligence is relocal interests and is ja no sense a Gov-

ernment witness, quired to convict person of man- slaughter than to establish civil liability. against him."

Such negligence must have been the direct and immediate cause of death. (Halsbury Vol. 9, 585)

The liability is a personal one and no one is criminally liable for the neglig ence of a subordinate unless he entrusts duties to this subordinate knowing the latter to be incapable of trust. Roughly speaking gross negligence implies a reck less disregard as to whether loss of life would result. It is for the Jury to decide in any particular case whether there is gross negligence.

I think that Enishes the legal aspects,

Firstly, there seems to have been sothe, misunderstanding as to the position of Mr. Boothby. I asked Mr. Boothby to draw up a report, and also give evidener, and I think the Jury will agree that it is a most valuable report, and of the Mr. Boothby is greatest assistance.

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As to the officers of the P.W.D., 1 should like to make a few observations. I am amazed at Mr. Hughes' statement that he considered it-safe to go on with the work without seeing that measures prevent water getting or were taken

that was the business of the site as some other Department. It seems to me that this attituds indicates a want of

So you will see that the conditions common sense and co-ordination between the various departments of the P.W.D.demanded by Mr. Boothby have not iynen

complied with of which we have had other indications.

One important matter in this connec It seems to me personally that in view. tion appears to me to be that it is of the had workmanship it is very neces- Legally your duties end here, but the essential that plans for sites under sary, hefore anything more is don to custom, which appears a very desirable development, and particularly for dumps, take more precautions than have becu one, has grown up when matters of public should be properly considered by an ex-taken up to date, with regard particularly importance-are-involved, for Juriespert in drainage and adequate arrange to the drainage of the area and inspection particularly special Juries to add a ments made as the work goca-on-This of foundations. You may wish to make recommendations with regard to this--In rider to their verdict containing obser- was übviously not done in this casa.

Another matter of importance is in re-another inquiry thatI am conducting we vations or recommendations for the pre- vention of similar occurrences in. the garil to the instructions issued to inspec have seen that the retaining wall was tors. More precis instructions should be standing on disintegrated granite, where future.

The main facts of this incident are not given as to the quality of mortar and percolating water reached the foundations in dispate. There was the exceedingly workmanship. Inspector Best gave his and apparently led to deterioration of the Heavy rainfall, particularly in Wong Nei evidence in a very straightforward man- subsoil.

Then there is the question of retaining Chong Valley, on the night of June 16thner, but it is obvious that this inspection

Stubbs of the wall did not do much good. You walls generally. It has been recommended between the hours of 9 and 19. Road became a torrent, a landslide ocear- may wish to make recommendations with both by Mr. Wright, and Mr. Boothby red which blocked the road, and the wafer regard to this matter. went over into the dump. The water rose behind the wall which burst and swamped everything below.

The lowering of the bank at the site of the road made it easier for the water to go over, but this is not of very great importance because the water would prol ably have gone over in any case.

The wall was not built to act as a reservoir, and when the water rose the wall burg.

that the Public Health and Building

As to the architect, I think the most Ordinance should be amended with regard unpleasant feature of this. enquiry is to the building of retaining walls Mr. Raven's view of his responsibilities. think it very desirable time for some such His inspection was totally inadequate recommendation to he made.

Finally, your verdiet will be in accord. and futile. When he did go to me the

site he told the contractor that he mustance with the medical evidence. You will do better, but when be went next time state the cause of death, and if there is and there was no improvment he took criminal negligence you will bring in a It no action. He says he considers that he verdict of manslaughter, but, if not, a

If, as he verdict of death by misadventure. fulfilled his responsibilities. implied, this same view is taken by will be of particular advantage if you will I shall now consider the causes of the architects generally in this Colony we add any rider by way of comment or disaster. Firstly there is the flooding of are paring the way for a series of dis recommendation which you may consider Stubbs Road, and the responsibility of asters of which this is a minor one. I desirable for the prevention of similar allowing that road to become & water-think steps should be taken to correct securrences in the future. I do not seems to be shared by various this impression of the "duties of an intend you, should be restricted to the P.W.D. officers. This state of affairs architect. Section 7-of Ordinance No. 1, suggestions I have put to you, or that existed before this wall was constructed, of 1903, makes provision for a list of you should necessarily adopt any of them. and but for the wall would not have authorised architects but it does not seein enused serious damage. I think there is to provide adequately for the removal no question of criminal negligence in this from that list of persons who by their public respect on the part of thear officers con-actions show that they are

danger. You may wish to suggest in cerard.

amendment of that section.

cours

JURY'S FINDING.

The Jury's finding was as follows:- We find that deceased Kwong Fat niet his death by misadventure from bodily Linjuries in accordance with medical evid

In view of the Inet Another important consideration is the ence, submitted. continuance of the building of this wall that the Coroner's summing up very ahly in view of the revelations as to the covers the whole question, which, we as quality of work. Is it safe to go on We jurors have been called upon to decide. I should we wish to state that we entirely have been assured that it is. like, however, to refer to Mr. Boothby's agree with the same, but would desire non-committal attitude in paragraph six to add the following riders:

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Secondly, there is the question of the construction of the wall. I think it is likely that you will find the workmanship was bad. The contractor. the architect and. I think, the P.W., Inspector share this responsibility. But even had the work been good, we have the opinion of several "well qualified witnesses that the wall could not have stood. It was not

"This wall was not designed as a dam Ordinance in so far as it covers the to be expreted, as the wall was not dry signed to set ng a dam. Had the wall to retain water but ne & surcharge ré-development of sites and construction of been stronger the consequence would in talning wall. As the collapse: cecurred retaining walls needs immediats amend Such amendments as regards fact have been worse, as the water would before it was fulfilling the duty for whichment. have risen to higher level before it burst it was constructed it is not pertinent to retaining walle mast enforce the drawing through and would have swamped more this note, to comment upon its stability up of a proper and complete set of than it did. Therefore, even if you are in that respect. No doubt the design specifications of materials to necompany of the opinion that there was negligence, and purpose of the wall are common each submitted plan and farther that not or even groas negligence, in building that practice in the Colony, but it is the only, should each retaining wall be judged

4. The architects deserve senzure for wall, think you must find that such opinion of the writer that most engineers individually spon its own merits, but that negligence was not the direct or im-wopkl consent most reluctantly to the the final authorization for construction

location of such a wall in the head of should rest solely in the hands of the the attitude adopted by them in regard

to their responsibilities. medinte cause of death.

6 That the P.W.D. overseer in charge Thirdly, there is the method of filling a steep valley, and would, it allowing Director of Public Works up behind the wall. There was great it, take the greatest precautions to ensure There should be more co-ordination confusion, as to what the instructions the best workmanship and materials and and co-operation between the Building deserves censure for failing to report toe were. I think the architect was right in insist upon adequate safeguards against Authority, the Drainage Engineer and his senior officer such a glaring case of

Executive Engineer in charge of Roads inferior workmanship. 4

We consider that work on the se assuming that he was not to fill in at accidents during construction."

Earlier in his report be statos- than appears to exist at present, all until the wall was finished. Mr.

3. Regarding development, of sites and building of the retaining wall should The cement mortar, the proportions of Boothby suggests that filling in should have been done as the wall rope, a view which are indicated on sheet 2 as one in for the prevention of land slides during cease until the Hon, the D.P.W. in himself which is now adopted by everybody, aix, is of very inferior quality the such development, we are of the opinion assured that proper drainage and other think there is responsibility with regard aggregate appears to be soit found in the question of drainage is most vital precautions bave been taken to prevent a

ad. D. Templeton, to this both on the architect and the the vicinity. The joints in the rubble are and in consequence each such develop repetition of this disastrous occurrance. PW.D. officers concerned in drawing up targe and many voids are not filled, in ment plan must be submitted to the

Ad. J. E. Joseph and approving these plans. According with mortar. The cement concrete in the Drainage Engineer for his approval before

x. D. O. Russell to the instructions of the Building bands passing through the wall is of work is started and that responsibility for Authority the Alfing in could not be inferior quality owing to poor mortar: pn' soch approved, drainage during develop done until the wall was finished. It is proportions of the concrete are indicated ment shall rest solely with the architect

(Continued at foot of next Column.), for you to say whether there was neglig- on the plan but the aggregate is of broken in charge. ence amounting to criminal negligence, granite."

い

4

Foreman..

d. S. B., B. McElderry,

Coroner,

6.8.25