1929-12-10 — Page 9

THE HONG KONG DAILY PRESS, TUESDAY, DECEMBER 10, 1929.

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'SHIP'S MASTER SUMMONED,

ALLENGED WRONGFUL

· DISMISSAL.

Mr. Davidson: They why were proceedings not taken until six months later.-Witness replied that there was no need to until a report was made of a man being a des- titute."

at the Shipping Office the entry in the articles were noted. He cheek- ed it up with the log book bat finding the counter-signature of tho Shanghai Consular Olice, he passed it as being O.K.

Mr. Davidson: Do you mean to The Magistrate" remarked that in tell me that you wait for six months other words witness had passed the before taking any action-Abso-articles as correct. lutely so.

Commander Hole mentioned that Mr. Davidson: And you expect he would like to adjourn the case. Before Commander G. F. Hole at

a man to be bothered with a petty He must look into it carefully be- the Marine Court, Charles Alex-‡ little matter of this kind six months fore going on. He knew nothing about the case before he came into ander, present mastor of the Indo- after. Witness did not answer.

Mr. Davidson also naked witness Court. Although he was fully con- China s.8. Tatshing was summoned if he thought that if he prosecut versant with the Marine Shipping on four charges. They were (n)ed the master it would put matters Acts he was not a trained lawyer that he, as master of the s.s. Kwai right. He pointed out to witness and would like to consult legal ad- Sang on July 24, 1929, did wilfully that the civil proceedings was the rice.

correct action to obtain damages and wrongfully-lenve-behind-in-the bet he had never heard of malicious

Colony Harold Vittol King, a sea- prosecution for damages.

Witness said that complainants man of the .8. Kwai Sang before

were received from the Police that the completion of his contract! (b) King was destitute, and that it "that he did so without the sanction was on their authority that the pro-

of the Harbour Master and (c) in ceedings were taken.

Mr. Davidson: Do you know how a place other than the Mercantile Marine Office; and (d) for engages the complainant has been in ing Albert Dunn, a seaman, on the Hong Kong About four years.

3.Kwai Sang on July 24, without firm in 1025 and when he signed off Mr. Davidson: King joined the the sanction of the Harbour Master.

A Definito Vior... Mr. R. Sutherland then addressed the Magistrate and said that speak- is on behalf of the shipping com munity he felt that it was an in- portant matter. Accordingly, ho asked permission to speak few words. There was always feeling of uncertainty amongst the

shipping community where the Ship-

they were and one regulation was Ping Acts of the Colony was con- rerned. They never knew where he was offered a passage Home always over-riding or overlapping don't know that, but I do know another. He wished to elucidate

The Deputy Shipping Master, Mr. G. W. Coysh, prosecuted, and Mr. E. Davidson appeared for the it that he has been sailing from this the point, and for that reason the

fendant. Mr. R. Sutherland, of the Indo-China S.S. Company, was pre sent in Court. Defendant pleaded guilty to all charges.

port for some years.

surprised that he elected to stay Mr. Davidson: And you may be here, and that Hong Kong is, there fore, his return port If that is so, then this is his return port.

On Authority of the Log Book. Giving his evidence on nuthority of the log book of the s.s. Kwai | fund† Sang, Mr. Coysh said that H. V.

Mr. Davidson: And yet the Har- hour Department are asking for re Witness: Because the articles are

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master, if one, is a technical one.

Witness: Yes, the first for 30 rears,

the 8.8. Kwai Sang. as second Mr. Davidson: The fault of the engineer on March 28, 1920, The articles were signed on board and, should have expired on September 9. 1929, but on July 24, King was dismissed from the ship by the de- fendant.

Mr. Coysh produced the ship's log book and read the entry written by the defendant at 10.10 a.m. on July 24 to the effect that King, a being spoken to by the defendant" 17 the presence of the Chief Engineer and another officer. ap. peared to be under the influence of drink. When spoken to about it „he admitted it was true. On 110 a.m. the same day defendant dis missed King from the ship for in sobriety. An entry was put in the articles by the defendant at the time to the effect that King had bren dismissed for insobriety This entry was not countersigned by any official of the Mercantile Marine Office. Still referring to the log book, Mr. Coysh said that the 9.5. Kwai Sang sailed at 1.34 p.m. and King was left behind. Witness remarked that he knew this to be s, although it was not written in the log book, because he (witness) had seen King himself.

A New Regulation. Mr. Davidson then read to wit- ness an extract from the Merchant Shipping Ordinance to the effect that the Master was entitled to

sign on Д substitute in certain

eircumstances,

Witness pointed out to Mr. Davidson that a new regulation had been issued since which made that regulation void. Under no cireum stances could a substitute be signed on by the master, whether the ship was due to sail or not, without it being authorised by the Harbour Master.

41

Mr. Davidson: You have said that the matter was a serious one in that it occurred only once in 30 years. Then you do not prosecute until five months later to obtain re- patriation until he becomes charge able to the Colony and when the Police would want money to send his Home I put it to you that your conduct is most improper. Witness replied that he had never known King before until the com- paint was received on September

9.

Again according to the log book Albert Thunn was sigheid on by the defendant as second engineer, and the articles were signed at sea on July 24, at 4.30 p.m. No official counter-signature appeared in the log book, but the man was reported to the Consular Office on arrival at Shanghai. No report, however, WILH received at the Mercantile Witness went on to explain that Marine Office in Hong Kong. when the articles were received

The Only Authority.

Mr. Davidson then cross-examined

The Magistrate: Was the entry not noted until September 07

Witness: No, because the articles were signed by a foreign Consular Office, and it was not necessary to interfere with anything signed by them

until December 30 at 10 a.m. proceedings were resisted.

The hearing was then adjourned

LESSON SERMON.

FIRST CHURCH OF CHRIST, SCIENTIST HONG KONG,

"God the only cause and crea- tar was the subject of the Leason- Sermon in all Churches of Christ, Scientist, on Sunday, December 8.

The Golden Text was: "I will extol thee, my God, O King; and I will bleas thy name for ever and ever. One generation shall praise thy works to another, and shall de- clare thy mighty acts" (Ps. 145: 1, 4).

Among the citations which com- prised the Lesson-Sermon was the. following from the Bible: Thus saith the Lord, the Holy One of Israel, and His maker, Ask of things to come concerning my sons, and concerning the work of my hands command ye me. I have made the earth, and created man upon it: I, even my hands, have stretched out the heavens, and all their hast have I commanded... Look unto roe, and be ye saved, all the ends of the earth: for I am God, and there is none else" (1st. 45: 11, 12, 99).

The Lesson-Serman also included the following passages from the Christian Science text book, "Sei- ence and Health with Key to the Seriptures," by Mary Baker Eddy: "The divine Principle, or Spirit. comprehends and expresses all, and all must therefore be na perfect as the divine Principle is perfect... Deity was satisfied with His work. How could He be otherwise, since the spiritual creation was the out- growth, the emanation, of His in- finite self-containment and immort- al wisdom" (p. 510).

witness and asked if it would have DODWELL & CO., LTD.

been possible in a case like this" of insobriety for King to have been signed off at the Mercantile Marine Officc.

Mr. Coysh: "Absolutely no. The Marine Court is the Court which can give authority to dismiss an officer during the current term of his agreement."

Mr. Davidson: And therefore he would not have not been signed off even if he had been brought to the Office 7-Yes.

Mr., Davidson also asked witness if he knew that King had been dis- missed by the master on instruc- tions from the owners. It was not an isolated case of insobriety but Witness replicd

one of series.

that he had never heard of it.

Mr. Davidson: Did you know what time the ship was to sail - No.

Mr. Davidson: I put it to you that you were aware that the ship was to have sailed at noon. Wit- nces denied this.

Mr. Davidson niso pointed out to witness that King had been dis- charged in the presence of the Chief Engineer and an assistant engineer and that he was signed off there and then because it was not prac-. tical to bring the man, ashore to the Office.

Mr. Coysh replied that the time.j stated in the log book was 10.10 a.m. and that there was time to have come to the Office.

Mr. Davidson: I am merely put- ting my case to you and I can bring evidence to prove it. Please don't argue. I put it to you that it was not practical to bring King ashore at the time. Witness replied that it was practical.

Mr. Davidson: The articles were to have closed in September ?

Witness: They are never closed. They are brought to the Shipping Office at the end of the agreement.

Mr. Davidson pointed out to wit- ness that he had no desire to be taught Mercantile Shipping lang- unge at that moment.

#

Six Months After,

Witness was examined on what he did when he received a ship's log book and replied that he only examined it for fines. When the articles nro received at the Ship ping Office they are chopped with the Board of Ad Frut away, for six months in case of reference. -

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