=
THE "LEUNG KWONG" DISASTER.
INQUEST ON VICTIMS CONCLUDED.
CORONER'S SURVEY OF THE POINTS INVOLVED,
VERDICT TO BE RETURNED ON SATURDAY.
The inquiry concerning the deaths of Mr. F. E. A. Martin, Chief Officer, and others who were drowned following the collision between the ill-fated Leung Krong and the steam launch Moonshine in Capsuimun Pass on May 9th, has been concluded, except for the returning of the verdict.
Yesterday morning the proveedings were resumed at the Central Magistracy before Mr. R. E. Lindsell, sitting, as Corones, with a special jury comprising: Messrs. F. C. Hall (foreman), W. Logan and J. E. Joseph, Captain Wilson, of the Leung Kwong, was recalled and questioned with regard to the locking of the grilles. In reply to questions, witness denied that the grilles or cargo ports were locked by his orders, and if the No. 1 Indian Guard locked then he must have obtained his orders from other authorities. Witness added that his conscience was against locked grilles, and that he did not believe in them.
The Coroner summed up at considerable length, dealing with the joints of law raised and the whole question of the rucaning of a verdict of manslaughter and what would justify such a finding. The enquiry was then adjourned until Saturday at noon, so as lo· give the jury time to consider their verdict.
will be recnlfed that in this collision the Chief Officer and Mr. Donaldson, the Chief Engineer, both lost their lives, as well as about 150 other victims, mostly; steerage passengers. THE CAPTAIN RECALLED.
THE HONG KONG DAILY PRESS. WEDNESDAY, JULY 6th, 1927.
A cur is driven pggligently along a winding road on its wrong side. At a blind corner it meets another car being driven at an excessive speed though on its right side and there is a smash. If a passenger in either ear is killed, both drivers may be guilty of manslaughter. But if a car when being properly driven on its proper side meets another car coming at reckless speed round a corner on its wrong side, and an error of judgment on the part of the driver of the first car is a contributory cause of the resulting smash fatility, he will not be guilty of manslaughter.
"Leung Kwong's " Unexplained Action.
PASSENGERS.
per 8.8.
The "Loung Awongs" Version.} The sum up, if you believe the
ARRIVALS. Mumsine's story and And that it leads you to the conclusion that the Leung Kwong was pavigated i European passengers with gross negligence (whether in Fresident Grant, on July 8th-For act or omission) of which no or- Hong Kong: Mre, E. Danenberg, dinarily prudent navigator would, Miss G. Danenberg, Miss D. C be guilty, you can bring in a ver-raham, Mr. and Mrs. J. H. Tag diet of manslaughter against either gart, Mr. N. J. Taylor, Mr. and the Chief Officer or pilot of that Mrs. E. Van Elten, Miss C. Ware, shin whichever of them you find Mr. W. Wright. to have been in charge of the navi. European passengers fier 8.8, Parthos, from Shanghai, on July. 7th For Hong Kong: Mr. Gil- lingham, Mrs. A. Ellis, Miss 13 Xavier, Miss Dallas, Miss Lewis, Mr. and Mrs, Remedios, Mr. J. Zelikoosky,
gation at the material time.
If, however, you believe the Leung Kwrong witnesses, and find criminal negligence proved against the Moonshine coxswain, with no gross contributory negligence the navigation of the Leung Kong, your verdict will be one of manslaughter against the cox- swain only.
Failing such a degree of negli; gence on either side as I have in- dicated your verdict will be "death by misadventure," but to that ver- dick you may see fit to add certain riders by way of censure or recom- mendation.
"A Decrepit Old Man..
In Command,”
Hence even if you find that the coxswain of the Moonshine might have avoided the collision by turn ing at once to port, his last minute's turn to starboard will not, if in your opinion it was oc- casioned by the Leung Kong's
You will perhaps have something wrongful manquevre эл coming to any about the fact of an ap across his hows, leave him open to parently decrepit old man a verdict of manslaughter. No ex-being in command of a vessel wita planation of this sudden and ex- accommodation on board for aver traordinary mapoevre of the Leung 500 souls, a Captain who was not Kung in turning to port has been on the Bridge when his ship enter- offered, and it is of course entire ed the dangerous! waters of Cap- ly denied by the Leung Kwong suiman.
The Grilles. pilot. If you believe the Moon- shine's evidence in toto you will You will no doubt have some- have to decide whether or no such thing more to say about the grille undoevre amounted to gross and since there can be no doubt that criminal negligence on the part of but for the locking of the steerage the person responsible for the
the ladder grille on the Leung Kong Zeng Kung's navigation. It is the loss of life would not have been of course possible that this turn was a result of the failure of the great. steering gear or of a mistake by the quarter master in starboarding when ordered to port his helm but on this there is not a scintilla of evidence. Even if you find gross are here, negligence proved you however, confronted with a di- culty.
fwithin this category) and, who grossly neglects to perform that When the enquiry was resumed duty or performs it with gross yesterday morning Captain Wilson, egligence, and thereby causes the the veteran master of the Leung death of another persons, is guilty Kerong, in reply to Mr. Hall Brut-of manslaughter. What amount of ton, said that he had never given negligence is to be regarded as any orders to the No. 1 Guard gross is question of degree for about locking the grilles over the the jury depending on the circum lower deck and the cargo ports.stances of each particular case. The witness handed the keys to the The law does not require the ut
Captain Wilson's Position. No, when the No. 1 joined the most caution that can be used: it
No verdict can lie against the ship and had never seen them again is suficient if reasonable precau- Captain because as I have already or had he ever asked for them. tion, and what is usual and cus-explained to you not having been There were altogether three or four tomary in such case, is taken. on the bridge at the material time criminally cannot be held keys. He (the Captain) was never
responsible for the negligent navi- tok by anyone to lock the lower
gation of another. This is clearly grilles and cargo ports, and the
established by the decision of the Court of C. C. R. in the case of keys for these grilles were never
V. Allen and Clarke. Rex. taken from the witness.
The Chief Officer And The Pliot.
Now Captain Wilson has deposed that when the Leung Kwong left the harbour fairway, he banded over to his Chief Officer Mr. Mar. tin, who unfortunately was one of the victims of the disaster, and.
In answer to the Coroner the Captain said that he first took charge of the Leung Kwong about six years ago. He never heard or knew anything about the new Anti- Piracy Regulations which came into force in 1914. He had only heard
about them since.
Thus an honest error of judgment made in difficult circumstunees on the part of one who is in charge of a vehicle or veasel, which error results in a fatality, will be a good defence on a charge of manslaugh- ter, but reckless neglect to observe the ordinary rules of driving or navigation will, if it causes death,
be a crime.
Furthermore to render such a
person guilty of manslaughter, the negligence must have been the
le
SUNRISE AND SUNSET IN
HONG KONG
FOR JULY, 1927.
STANDARD TIME OF THE 120th MERIDIAN, EAST OF GREENWICH,
Bath. July 6th.....
Sunrise.
.5.43 a.m.
Sunset.
7.11 ...
HAMBURG-AMERIKA LINIE,
INCLUDING
HUGO STINNES LINIEN
COMBINED FREIGHT AND PASSENGER SERVICE. QABIN CLASS ACCOMMODATION FOR 50 PASSENGERS. FARE FROM HONG KONG TO GENOA÷£73. 0a, 0, OUTWARD.
Sailings from Europe for Shanghai and Northern Ports!-- M.8. "MUENSTERLA) ("(H.84.L.)... das here on or about the 15th July, 88. "OLDENBURG" (LA.L}
dus here on or about the 29th July
***
due bere on or about the 28th Aug.
8.8. "ADOLF VON BAYER" (H.St.L.) dne bere on or about the 16th Aug. S.S. SAARLAND" (HAL) 8.8. "EMIL KIBDORF (H.8LL.) 8.8. "HESSEN" (HLA-L.)
HOMEWARD.
duo here on or about the 13th Sept.
dus here on or about the 27th Sept.
Sailings for Europe vin Manila, Singapore,
Colombo & Port Said :-
¿M8,"ERMLAND" (H.SLL) Bailing from here on or about the 18th July. M.S. "VOGTLAND" (H.A.L.)... sailing from here on or about the 3rd Aug. M.B. "MUENSTERLAND"
(H.St.L.)... sailing from here on or about the 19th Aug. H.S. OLDENBURG" (H.A.L.) sailing from here on or about the 16th Sept. 18.8. "ADOLF VON RAEYER"
(H.St...). sailing from here on or about the 23rd Sept.
b Calling at Genos, Marseilles, Rotterdam and Hamburg and Antwerp.
Calling at Genoa, Rotterdam and Hamburg.
Calling at Marseilles, Rotterdam and Hamburg.
of 78
th....
....5.44 Bth... ..5.44 8th... .5.44 10th... ..5:45 11th.. ..5.45
7.11 13
7.11 11
7.11 +1
"}
+1
7.11 21
•
7.11
94
12th..... ..5.40
7.11
19
15
13th....5.48
7.11
14th.
....5.47
7.11
"
35t.h.
..6.47..
7.11.
16th.
..5.49.
7.10
11
17th.
..5.48
7.10
1)
18th.
..8.49
7.10
ay
19th.
..5.40
7,10
20th. ...5.49
7.10
8:00
7:0分
11
22nd
..5.50,
7.00
23rd.
..5.51
7.08
"
17
24th.
.5.51
7.08
"1
25th.
5:51
7.07
1
28th.
.5.52
7.07
17
27th.
5.52
16]
7.08
12
28th.
5.59
7.00
29th.
.5.53
7.00
30th.
.5.53
7.05.
"
aist
..5.54
7.08
No criminal blame enn possibly attach to the person or persons responsible for keeping that grille locked inasmuch as his or their. action was not the proximate or efficient cause of the deaths in this
1, 21st
REGISTER.
Hong Kong Observatory, July 5th
Previous On Datejus Date
Day
At at
It is clear that prior to the спре original antipiracy Regulations of 1914 these lower deck grilles were. fitted in ships of this type (and that the 1914 Regulations were read HONG KONG METEOROLOGICAL to mean that they should be kept The 1914 Regula- locked at sen. tions no longer required lower deck grilles to be maintained for piracy prevention, and were passed, it ap- pears, largely on account of cer tain opposition to such grilles.
Every ship inspected by her anti- Barometer
committee and prov'ded Temperature piracy with defence scheme was appar-Humidity.. ently
ntly allowed to maintain such Wind-
Direction grilles if so desired for convenience Force in handling passengers, but was warned that no such grille must Weather be closed if and when the cargo Rain
1
ports were open.
jat 2 p.m. a.11. 2.p.m.
For Freight, Passage and further Particulars please apply to
JEBSEN & CO.
12, Pedder Street,
Tel. 0. 2225.
Tel C, 4754.
JAVA-CHINA-JAPAN-
JCJL
29.81 29.80 29.80
York Building
88
80
88
69
91
19
Motopple or
8
Calm
SW
2
ሴ
3
C
0.00
0.00 0.00
The Coroner: You don't think it/irect and probable cause of the collision Mr. Martin was on the provided with defence schemes or Drizzle; F-Fog; L-Lightning;
death, and the negligence must have been personal, .e. no person
LIJN.
Tel. Address
JAVALYN
Tel Central 1574
ANGULAR FORTNIGHT SERVICE EITWEKƐ JAVA, CHINA AND JAPAN.
STRAXERO
FROM
ABOUT
EXPECTED WILL
ON OR LEAVE ON OB ABOUT
ulgaest open-air Temperature, 4tha: 88. It is admitted that many vessels Lowest open-air Temperature, &th: 79 including the Leung Kwong were never inspected by commitices or B-Blue sky; C-Cloudy; D=
TJIBODAS JAVA,MACASSAR In Port TJIMANOEK N, O. & AMOY In Port warned as above, owing, as the M-Mist; OOvercast Paing TJIKARANG.... ΒΑΤΑΝΙΑ 10th July 14th Harbour Master has told you, to showers; Q-Squalls; -Bain; T- his lack of staff and also no doubt to the boycott which put a stop River Traffic between June 1925 and September 1926.
Thunder.
that when he, the Captain, came out of his cabin just before the bridge. The pilot has further de is your duty he master of the ship
posed that Mr. Martin was aaviga to enquire about the new regula can be held criminally responsible ting the ship right up to the mo tions t
Captain Wilson replied that had for a death caused in his absencement of the collision and that sor everything he did was done on the Chief Officer's orders, and although he known they existed he would by the gross negligence of his certainly have enquired about them.
Now in this case the only persona this excuse might not legally at- Had he known about the regule whom you may consider to have solve, him from responsibility for tions he certainly would not have shown reckless and criminal negli- navigating the ship in a way he allowed the lower grilles to be locked. Tho witness added that it genes are either the Chief Officer knew to be wrong and dangerous, veyor responsible appears to have! had always been, against his con.ar the pilot of the Leung Kwong, no jury` would be likely to convict passed the Leung Kwing mean.
science to lock these grilles.
The Coroner said that this was all the useful evidence that could be produced at the inquest. He
vants or others.
shine.
evidence before you
The Moonshine's" Coxswain, As regards the coxswain of the Moonshine, whose evidence I must
cross-examination and was corro-
had thought that it would have been point out remained' unshaken by pilot alone was to blame.
Leung Kwong" Passed By.
Officiala. The Government Marino Sur-
officer claimed that his ship was a but as Captain Thomas has depos to this. The Leringtre of the other. vessels didn't like these lock-1
HONG KONG TIDE TABLE.
From July 6th to 12th, 1927.
HIGH WATER. LOW WATER.
Date o
Month.
Hong
Kong
Standard
Time.
b.
Beight
Height.
ITUSTESANG S'HAL., K'ZUNO. 12th..
For
SHANGHU BATAVIA
SAIGON & JAVA
Macassar & Java
6th July
6th
Axor & N. Cura BATAVIA
14th
#
22nd
"
1)
2014
H
20th
AMOT & N. CHUNA
28th
BUANGHAI
28th
BATAVIA
JAVA, MANILA 17th... TJITAROEM.... N. C. & AMOT 1816 JAVA. MACASSAR 18th TIKINI
BATAVIA 24th B'KAL Klose, 26th,
TJISAROBA TJIKARANG
Wireless Telegraphy.
The steamers are all itted thronghont with Electrio Light and havo accommodation for a limited number of saloon Passengers. All steamers carry a duly qualified surgeon. Cargo laken at through rates to all ports in Netherlande India and Australia.
For Particulars of Freight and Fassage, apply to the
JAVA-CHINA- JAPAN LIJN.
Hong
Kong
Standard
Time.
b, m.fl. p.
10]
9 13
Wed.
jm 4 43 45 m
9 15 4 0
2 14 47
9 57 02 2 1648m111
13 6 10 39 2 13-2
*
7 39 239
8 34 3 9
11 19 2 6
11, 582 8 1 63 a 19
2 831 3
THE NEW SADNER RUMEDY.
THERAPION. No. 1
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OUND VOLUMES of the HONG
THERAPION NO. 2 BRONG WEEKLY PRESS, THERAPION NO. 3 January to June, 1996:
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TELEGRAPHIO ADDRESS "MANIFESTO," HONG KONG. Cobo Uexo A1, A.B.C. Fifth Edition; Engineering: First and Second Editions Western Union and Watkin's, Benson's, Marooni.
and the coxswain of the Moun him if they were satisfied he was while as complying with the new the orders of a regulations provided that he found acting under Replying to another question as
1 must here warn you that the superior and white officer. Against the Bridge properly protected and to how the No. 1 Guard would know
the unsupported the old anti-piracy devices main- what to do if he did not instruct finding of the Marine Court of this there is
Enquiry which you
may have evidence of the Head Guard, & tained. Another Government believed the Guard had received in- him. Captain Wilson said that heart as a matter of public in witness whose demeanour was not Marine Surveyor appears to have Tues. 6 m 3 5842 7 1889
who repeatedly passed her as it to be licensed to structions from the police as to his erest, is not admissible as evidence impressive and
in this enquiry, and if you know contradicted himself, who stated
ted carry passengers without concern. duties.
He was under your control ?-Yes. it you must banish its effect from that the Chief Officer was in his ing himself about the continued Thur. 8 má
}[ locking of the lower deck grilles but I never gave him any instrue your minds and judge only on the cabin at the material time.
you believe the evidence of the and cargo ports. Whether the-
Fri, tions with regard to the locking of
Captain and pilot, then you owners and/or officers of ships
$98.4.0 the grilles.
should hold only the deceased which had not yet been inspected Sat.
10 me 65.0 Chief Officer culpable. If you be Committees should have been
6.38 39 hy lieve the Head Guard, then, the warned in the same terms as those Sun. 11. 29 8 1
of the ships which had been so in- The other side of the picture is spected is a question on which you Mon. 12 m 6 54 6 6m 0 35 129 possible to obtain some interial borated by the seaman who was at the Leung Kwong pilot's vartiou, may desire to comment, but it had evidence from one of the officers of the wheel he admits that at the which I must remind you was certainly been published abroad the s... Kwong Fook Cheong but North end of the Capsuimoon Pass never tested by cross examination. that the old regulations had been had since ascertained that that he was well over on his wrong side, Put very shortly his story amounts superseded and if the owners and/ mile away at the time of the accied such navigation though faulty ed the Pass about the
enter or officers of the Leung Kwong and dent, and therefore he was unable was not dangerous if no other ves-Channel; the Moonshine was obed grilles and cargo porte, why to say anything that would help the sel was approaching up the Pas served coming down hugging her did they go on keeping them lock- jury.
At this moment the Leung Kwong wrong side, the Ma Wan side, of ed. The guards can hardly be Solicitors engaged in the case was admittedly right at the other the Channel; the Leung Kweng blumed on this point. Their have
been: Mr. II. K. Holmes end of the Pass at least 1,000 yards turned to port to avoid her and formal instructions
from the (Crown Solicitor), Mr. G. 8. Hugh- away. The Moonshine then ac-headed almost straight across the CS.P. mainly concern discipline. For the exact nature of their Leung Kwong), Mr. G. K. Hallly across the Channel and is well turned to starboard despite receiv Britton (for Capt. Wilson of the on her proper side thereof, and in ing and answering the Leung ship is responsible. Captain Wil Leang Krung and the widow of fact very close to the Lantao shore, Kwong's signal indicating that the son or perhaps the
compradore of Mr. Martin), and Mr. T. G. Bennett before she gets within 100 yards two ships should pass starboard to the Leung Kwong seems to have (for the owners, coxswain and crew of the Leung Kwong, and is steer starboard, and as a result rammed assumed that the old regulations. of the steam, launch Moonshine), ing to pass that ship part to port the Leung Kwong almost head on
still held sad and to have given when the latter alters course in
near the Lantao shore...
instruction accordingly. The a way that will bring her right.
force of "olo custom
as usual across the Moonshine's bows, The
prevailed.... Coxswain has about 10 seconds in which to make up his mind what to do. Had he put his helm hard
Inadequate Life Saving Appliances. Finally you many desire to com- to starboard right away it appears
ment and make recommendations. that he might have possibly avoid port light on his starboard bow concerning the system under which ed the collision but he not un- whereas if the two vessels were both it is possible and lawful for ships naturally hesitated to act contrary turning towards Lantao for an ap- like the Leung Kwong to sail from to ordinary rule of the road and preciable time before the collision Hong Kong with sufficient life Centlemen of the Jury-At the when a collision appeared inevit- the Moonshine's port light must saving appliances for only about opening of this enquiry I indicated able he did what the Harbour have shown up as 2000 as she start 18 per cent of the persons who to you that it would be for your Master has pointed out is almost ed to turn. This statement by the may be on board if a full comple-
pilot I might here remind you goes ment of passengers is carried. cause of the deaths of these pei-port your helm and show your some way towards corroborating It is obvious that the conditions chief duty, in determining the instinctive with a trained coxswain sone who lost their lives in red light. It has been represent the Moonshine coxswain's story, of the passenger traffic between
the sinking of the Leung Kwong, to ed by the solicitor for the Leung and hardly accounts for the Leang Hong Kong and the Canton Delta decide whether the criminal negli. Kwong that even taking this cox-Kwong being so far out of her pr are peculiar and, that in most cases of collision ship badly gence of any person or persons was swain's story as true he was im
It is for you, Gentlemen of the holed could be beached before she so far responsible for the disaster mediately and directly responsible per course.
for the collision in that he finally Jury, again to any whether you be as to justify you in recording
Jouce (for the owners of the 8.8.cording to her version eut quifique Pass, and that the Moonshine the ties on board the Master of the
THE SUMMING UP.
CORONER'S ADDRESS TO
JURY.
Summing up the evidence and dealing with the legal points, etc., the Coronor, addressing the jury,
said;
verdict of manslaughter against
him or them.
This version, as the Harbour Master has demonstrated to you, is difficult to understand because the Leung Kwong pilot stated that only immediately before the colli- sion did he see the Moonshine's
in
smoother waters than ours require ported instead of at once star-lieve the pilot's story with thek, but the Board of Trade re-i
gulations for vessels plying was held by the Court of Appeal the evidence of Captain Wilson boats etc., for minimum of 26 per Law As To Manslaughter. in the Bywell Castle case that and the Leung Kwong guards. If cant., which is surely not too little you de, then clearly the coxswain for ships that carry the countless In Halsbury's Laws of England where wrongful, navigation of one (Vol. 9 p. 552) it is laid down that vessel puts another in peril and of the Moonshine was to blame for streams of passengers in and out
any person who has taken upon that other than makes a mistake the collision, and if you find that of Hong Kong overed all the is.
I hope I hav
himself any duty, tending to the in navigation with a collision re he acted in such gross defiance of preservation of life, ie. a duty sulting that does not constitute con all the rules of navigation as issues raised in this enquiry and as which puts the lives of others in tributory negligence by the latter alleged, you will be justified in arranged I will now adjourn until his care, (navigating a ship or vessel. This point of law can be recording a verdict of manslaugh- 12 noon on Saturday for you to driving a cur come undoubtedly well illustrated in this way.
consider your finding." ter against him.
Dock Owners, Ship Builders, Marine and Land Engineers, Boiler Makers, Iron and Brass Founders, Forge Masters, Electricians.
S.S. “CHANGTE."
BUILT AND EESIRED AT HOWLOON DUCKS BY THE HONG KONG & WHAMPOA DOCK CO, LTD, të 7HI ORDER OF THE AUSTRALIAN ORIENTAL LIKE, LTD. 702 AUSTRALIAN-HONG KONG BRETION Please address enquiries to the Chief Manager,
R. M. DYER, B.Ser, L.I.N.A., KOWLOON DOOK, HONG KONG.
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